The Ethics of Lateral Moves

Attorneys are on the move. Today’s lawyers rarely stay at the same firm for the duration of their career.  Rather, it has become commonplace for associates, partners, of counsel, shareholders, members and any other type of attorney to move at least once before settling on a long-term professional home.  Some attorneys leave for money. Some for opportunity or geography. Some leave for personal reasons. Some attorneys may switch firms in the hope that they can transfer business to firms better suited to their particular practice …

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NCAA Sports Probe Triggers Ethics Complaint

The NCAA has established strict rules to regulate the activities of student-athlete representatives, aka “boosters.”  If a booster violates collegiate rules, the NCAA can take action to hold an athlete ineligible from competition or impose other sanctions upon the school.  In a recent unexpected development, the NCAA was put on the defensive when its investigation of the University of Miami football program revealed that one of its own attorneys may have violated Florida’s ethics rules.

This story begins with a former Miami booster …

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Lying During Settlement Negotiations

Attorneys are bound by strict ethical rules that mandate truthfulness in statements to others. However, when it comes to settlement discussions, many attorneys channel their inner Pinocchio and lie, exaggerate, mislead, bluff, bend the truth, and misrepresent. In an effort to be a zealous advocate and obtain a favorable result for our clients, attorneys must negotiate without revealing the true bottom line.  But, there is a point when a little lie is actually an ethical violation. Where does the line fall between puffery and improper …

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Attorney Reprimanded for Criticizing Out-of-State Judges

Attorneys are expected to show the utmost respect when appearing before the judiciary.  There is a line that differentiates zealous advocacy and disrespect. In a recent decision, a New Jersey attorney learned a valuable lesson about bad mouthing the court, even if that court sits in another jurisdiction.

The case arises from a New Jersey attorney who tried a case in Pennsylvania state court against a company that provided dispute resolution services.  When the state court trial and appellate court judges ruled against the …

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