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Showing 3 posts in Rules of Professional Conduct.

If you think it, please don't say it!

In New York, an attorney who asked a female attorney if she was "going through menopause" during a deposition was ordered to pay legal fees to the other attorney in the amount of $1,000 and ordered to complete a continuing legal education course on attorney professionalism and professional conduct. The Judge stated that the attorney's comment was intended to humiliate the female attorney on the basis of her age and gender. The Judge also stated that "when an attorney engages in discriminatory behavior, it reflects not only on the attorney's lack of professionalism, but also tarnishes the image of the entire legal profession and disgraces our system of justice. This conduct is adverse to the goals of justice and cannot be permitted to find a safe haven in the practice of law." More ›

The Anti-SLAPP Battleground and Davis v. Cox, Part I

A typical Strategic Lawsuit Against Public Participation, or “SLAPP,” is retaliatory: its goal is to punish the free exercise of speech and government petition, and deter the future exercise of such rights. Anti-SLAPP laws attempt to strike a balance between the right to have the SLAPP adjudicated through the judicial process and the right of public participation, both of which are equally fundamental liberties afforded under the First Amendment.  Given this tension, it is not surprising that courts and state legislatures continue to struggle to maintain equilibrium some twenty-five years after the concept of a SLAPP was first introduced into our political and legal consciousness. See, generally, George W. Pring & Penelope Canan, “Strategic Lawsuits Against Public Participation” (“SLAPPs”): An Introduction for Bench, Bar and Bystanders, 12 U. Bridgeport L. Rev. 937, 938). More ›

Just Because you say it Happened...

When defending a lawyer in legal malpractice cases, there are few things worse than finding out that your lawyer-client has "an empty file." When you ask your client for the file and it contains no pleadings, no emails, no notes, and most importantly, no written correspondence with her client, the defense of that lawyer is going to be particularly difficult. More ›