Authorized Ethics Roundup: SCOTUS Opens Time period With Authorized Ethics Argument, New Judicial Anti-Bias Rule & Extra

Ed. notice: Please welcome Renee Knake Jefferson again to the pages of Above the Legislation. Subscribe to her Substack, Authorized Ethics Roundup, right here.

Welcome to what captivates, haunts, evokes, and surprises me each week on this planet of authorized ethics.

Completely satisfied First Monday! On the primary Monday of every month, you get an extended model of the Roundup with the headlines plus studying suggestions, job postings, occasions, and plenty of different options. The primary Monday in October is additional particular as a result of it is usually the opening day for the U.S. Supreme Courtroom’s 2025 Time period.

In 2010, I wrote a legislation evaluation article known as “The Supreme Courtroom’s Elevated Consideration to the Legislation of Lawyering: Mere Coincidence or One thing Extra?” I described what has turned out to be the high-water mark for circumstances involving authorized ethics points taken up by the Supreme Courtroom in a specific time period. There have been seventeen — seventeen! — such circumstances in the course of the 2009 Time period. You may learn the total article right here if you wish to know extra in regards to the circumstances from the 2009 Time period.

However what in regards to the Supreme Courtroom’s docket for the upcoming time period? To this point we’ve just one. However to be truthful the Courtroom has solely granted cert to a couple dozen circumstances up to now. I’ll be holding a watch out. For now, right here’s an outline of Villarreal v. Texas, which will likely be argued right this moment. Together with a number of different authorized ethics students, I joined an amicus temporary filed on this case. At concern is whether or not a trial court docket violates a defendant’s Sixth Modification proper to counsel by prohibiting the defendant and his lawyer from discussing testimony throughout an in a single day recess. We argue {that a} ban on discussions like this jeopardizes the lawyer’s compliance with core skilled obligations and undermines attorney-client privilege and the responsibility of confidentiality. Learn extra and obtain the amicus temporary right here.

In totally-unrelated-to-legal-ethics information, I’ve been listening nonstop to the newly-released album from Taylor Swift, The Lifetime of a Showgirl (reviewed right here by The New York Instances – reward hyperlink). In the mean time, my favourite tracks are CANCELLED! and Opalite. No matter you consider her music, she at all times leaves her followers with one thing to stay up for. I hope that’s what I’m doing right here for authorized ethics followers every week!

Now, let’s get began with the headlines. Don’t neglect to maintain scrolling right down to the very finish for all of the “First Monday” additional options. Take pleasure in!

Highlights from the Previous Week – Prime Ten Headlines

#1 “Texas Plans to Finish ABA’s Function in State’s Legislation Faculty Oversight.” From Reuters: “The Supreme Courtroom of Texas mentioned in an order on Friday that it ‘is of the tentative opinion that the ABA ought to not have the ultimate say’ on whether or not a legislation college’s alumni can sit for the Texas Bar or be licensed….College of Houston legislation dean Leonard Baynes advised Reuters on Monday that he was happy the court docket confirmed dedication to legislation diploma portability and avoiding onerous necessities on legislation faculties. However Baynes mentioned the ‘order creates uncertainty for authorized schooling within the backdrop of an already chaotic world of upper schooling.’” Learn extra right here.

#2 “The Justice Division Seeks Info on the Georgia D.A. Who Prosecuted Trump.” From the New York Instances: “The Division of Justice has issued a subpoena for information associated to the journey historical past of Fani T. Willis, the Georgia district lawyer who charged President Trump in a sweeping election interference case, in keeping with a federal grand jury subpoena reviewed by The New York Instances. The scope of the investigation shouldn’t be but clear. Additionally unclear is whether or not Ms. Willis is the goal of the inquiry and whether or not she is going to in the end face fees. Grand jury proceedings are secretive by legislation. However the doc reviewed by The Instances is a sign that the Justice Division underneath President Trump could also be investigating one other certainly one of his outdated foes.” Learn extra right here.

#3 “Michigan Justices Subject Scaled-Again Judicial Anti-Bias Rule.” From Bloomberg Legislation: “The Michigan Supreme Courtroom on Wednesday tweaked a conduct rule barring judges from exhibiting bias or harassing these of their courtrooms, however didn’t go so far as a proposal from earlier this yr. The rule beforehand mentioned a decide ‘ought to’ deal with everybody pretty and respectfully, ‘with out regard to an individual’s race, gender, or different protected private attribute.’ The brand new one, which fits into impact Jan. 1, says a decide should carry out their duties ‘with out bias or prejudice.’ It adjustments ‘ought to’ to ‘shall,’ and says they ‘shall not deliberately or recklessly, within the efficiency of judicial duties, manifest bias or prejudice’.” Learn extra right here.

#4 “What Ethics Guidelines Say On Atty Self-discipline For On-line Speech.” From the Law360: “Although legislation corporations are free to self-discipline workers for his or her on-line commentary about Charlie Kirk or different social media exercise, saying crude or insensitive issues on the web typically doesn’t topic attorneys to skilled self-discipline underneath the Mannequin Guidelines of Skilled Conduct, says Stacie H. Rosenzweig at Halling & Cayo.” Learn extra right here.

#5 “Ethics Opinion 1286: Requesting Former Purchasers to Write Google Evaluations.” From the New York State Bar Affiliation: “A lawyer might ask a former shopper to jot down a Google evaluation of the lawyer’s companies, and should provide the previous shopper a nominal reward for doing so, offered the lawyer doesn’t draft the Google evaluation for the shopper or situation the reward on the content material of the evaluation. The lawyer might not use the previous shopper’s confidential info to the drawback of the previous shopper.” Learn extra right here.

# 6 “Supreme Courtroom Ethics Points Hint to John Roberts’ ‘Authentic Sin,’ New E-book Alleges.” From the Rolling Stone: “When he was pitching himself to George W. Bush for a seat on the best court docket within the land, John Roberts famously declared that judges ought to be like ‘umpires,’ making calls however by no means stepping as much as the plate for both staff. Bush preferred the road a lot he didn’t simply give Roberts a seat on the Supreme Courtroom, he put in him as chief justice — the youngest particular person to carry that job in nearly 200 years. A brand new guide, With out Precedent — an excerpt of which has been shared solely with Rolling Stone — suggests one other highly effective motive why Bush might have felt such extraordinary confidence appointing Roberts to probably the most highly effective place within the U.S. judiciary. On the time that Roberts was auditioning for the job, he was additionally presiding over a vital case to which the Bush administration was a celebration — and quite than appearing as an ump in that case, writer Lisa Graves suggests, Roberts was virtually pinch-hitting for Bush and his cronies.” Learn extra right here.

#7 “Utilizing Army Attorneys as Immigration Judges is Unwell-Suggested and Probably Unlawful.” From the Brennan Middle for Justice: “The Trump administration’s reported authorization of 600 army legal professionals to behave as short-term immigration judges would deprive immigrants of a good listening to and additional erode the road between the army and civilian authorities. That is true whatever the professionalism of the army legal professionals. Immigration judges are specifically educated administrative judges within the Division of Justice who oversee deportation hearings. … As well as, moral guidelines are basic to the rule of legislation, however the authorized and moral obligations of army legal professionals and immigration judges are in rigidity.” Learn extra right here.

#8 “Replace to ‘Battle U.’: Some Judges Are Recusing Resulting from a College Battle.” From Repair the Courtroom: “In July, Repair the Courtroom launched a report known as Battle U. that recognized 24 federal judges who didn’t recuse in six dozen circumstances involving the colleges the place additionally they function legislation college instructors. This observe raises clear conflict-of-interest considerations, regardless of being sanctioned by judiciary coverage. The report urges reforms to strengthen recusal practices and restore public belief in judicial ethics. This previous month, Repair the Courtroom carried out follow-up analysis on this concern, and what we discovered was considerably stunning: a number of judges with adjunct positions at legislation faculties are, actually, selecting to recuse when the legislation faculties’ father or mother universities discover themselves of their courtrooms.” Learn extra right here.

#9 “Legislation, Layers and the Battle In opposition to Antisemitism.” From Eli Wald (Denver) in JOTWELL reviewing Antisemitism and the Legislation by Robert Katz: “In accordance with the American Bar Affiliation Mannequin Guidelines of Skilled Conduct, a lawyer is ‘a consultant of shoppers, an officer of the authorized system and a public citizen having particular duty for the standard of justice. As Deborah Rhode has astutely identified, nonetheless, lawyers’ duties as public residents have lengthy been extra of a rhetorical ploy than an precise dedication, in want of elaboration and exposition. Within the twenty-first century, legal professionals have been compelled to come back to phrases with their asserted function as public residents within the face of the #MeToo and the Black Lives Matter actions, reform requires the deregulation of the authorized career designed to extend entry to authorized companies for many who can not afford to pay for them, and assaults on the rule of legislation. Professor Robert Katz’ new casebook, Antisemitism and the Legislation, constitutes an necessary contribution certain to assist these aiming to know the obligations of legal professionals to pursue justice and fight discrimination.” Learn extra right here.

#10 “Coping with Social Media & Public Remark: Authorized Ethics Classes for Company Counsel.” From JD Supra: “Social media can flip small moments into company crises in a single day. For in-house counsel, the moral challenges are significantly advanced: defending confidential info, addressing worker conduct, and managing public backlash when non-public conduct goes viral. … The Oklahoma and Texas Guidelines of Skilled Conduct body the lawyer’s obligations when social media collides with the office.” Learn extra right here.

Really useful Studying

“Authorized Insurance coverage and Its Limits” by Nora Freeman Engstrom (Stanford). From the summary:

Courts are buckling underneath the burden of a staggering access-to-justice disaster. In three-quarters of circumstances, not less than one aspect lacks a lawyer, default judgments are on the rise, and most People with legitimate claims by no means take authorized motion. The scenario is dire, and it understandably has policymakers casting about for a repair. On the menu are a variety of uncontroversial reform concepts, comparable to increasing authorized support, supporting system simplification, and selling professional bono. However it’s more and more clear that these measures—even when achieved—wouldn’t make a dent in the issue. Consideration is thus turning to different reform concepts, comparable to stress-free unauthorized observe of legislation (UPL) guidelines and scrapping Mannequin Rule 5.4(d), the availability that stops nonlawyers from even partially proudly owning entities that ship authorized companies. Each reforms are promising. However each would dilute the longstanding legal professionals’ monopoly. Maybe not surprisingly, the bar is combating these reforms tooth-and-nail.

Into this roiling panorama, some now have a brand new concept: authorized insurance coverage. They counsel that authorized insurance coverage is the way in which to develop entry to justice for center and working-class People. Reformers are additionally fast to level out that—not like a leisure of UPL restrictions or the abolition of Rule 5.4(d)—authorized insurance coverage stands to profit legal professionals.

We’ve seen this play earlier than. Within the Nineteen Seventies, the bar seized on authorized insurance coverage as an answer to what was then seen as an pressing access-to-justice disaster afflicting the middle-class. … This Article recovers the misplaced historical past of the nation’s first experiment with authorized insurance coverage. In so doing, it seeks to forestall one other false begin. As well as, by drawing on a variety of disciplines—together with insurance coverage legislation (significantly insights regarding ethical hazard and adversarial choice), behavioral economics, authorized ethics, and the authorized career—this Article explains why the authorized insurance coverage concept floundered, and appears destined to flounder, going ahead.

Obtain from SSRN right here.

“Interoperable Authorized AI for Entry to Justice” by Drew Simshaw (UNLV). From the summary:

The access-to-justice hole is rising, affecting people with each civil and legal wants in america. Although these challenges are multifaceted, procedural boundaries within the U.S. authorized system can usually inhibit access-to-justice efforts. The ensuing inequities undermine equity for these interacting with courts and jeopardize the legitimacy of the broader authorized system. Authorized know-how pushed by synthetic intelligence (AI) has been heralded for its potential to fight these challenges on three access-to-justice fronts which can be usually conceptualized in isolation: a client (i.e., self-help) entrance, a legal-service-provider entrance, and a court docket entrance. Progress on every of those fronts is obvious, although not on the tempo or scale essential to make significant inroads into closing the justice hole nationwide. The time has come to understand that, though progress on all three fronts is important for closing the justice hole and maximizing equity, it’s inadequate if there’s not additionally some stage of shared dedication and coordination throughout – and never simply inside – all fronts. This Essay argues that technological and procedural authorized interoperability – that’s, widespread consistency in know-how design and associated processes – ought to be on the forefront of those efforts, significantly as they relate to synthetic intelligence. Additional, though the buyer and legal-services fronts stay critically necessary, courts ought to be acknowledged as the mandatory drivers in attaining this interoperable authorized AI.

Obtain from SSRN right here.

Authorized Ethics Trivia

From the Texas Middle for Authorized Ethics, right here’s the query of the month: “How a lot have you learnt in regards to the ethics guidelines governing legislation agency names?” Check your self at this web site the place you’ll be able to learn a brief hypothetical, choose a solution, and see your outcomes. To this point, solely 31% have gotten it proper. Will you?

Get Employed

Did you miss the 350+ job postings from earlier weeks? Discover all of them right here.

Assistant Normal Counsel, State Bar of Georgia — Atlanta. From the posting: “The first objective of this place is to evaluation, examine, and prosecute violations of the Georgia Guidelines of Skilled Conduct. Act as lead counsel in all features of prosecuting disciplinary circumstances together with drafting pleadings, conducting discovery, conducting hearings earlier than the Particular Grasp, presenting oral argument earlier than the Particular Grasp and State Disciplinary Assessment Board, and negotiating settlements of disciplinary issues.” Study extra and apply right here.

Affiliate Counsel, American Bar Affiliation Middle for Skilled Duty – Chicago/Hybrid. From the posting: “Function nationwide authorized knowledgeable within the subject of authorized and judicial ethics {and professional} duty legislation. Present experience to ABA governance, ABA entities, state, native, nationwide and worldwide authorized neighborhood. Develop substantive authorized assets to make sure and improve the Affiliation’s continued standing because the preeminent authorized authority in skilled duty legislation.” Wage vary $89,280 – $109,740 yearly. Study extra and apply right here.

Lawyer x 2, Texas Ethics Fee — Austin/Hybrid. From the posting: ”The Texas Ethics Fee is hiring two attorneys to carry out entry stage to reasonably advanced lawyer work administering and imposing state ethics legal guidelines. Work for the Enforcement Division would contain investigating and processing sworn complaints, conducting discovery and hearings, and drafting and negotiating settlements. These positions will work underneath reasonable supervision with vital latitude for the usage of initiative and impartial judgment.” Wage vary $75,000 – $102,000 yearly. Study extra and apply right here.

Conflicts Employees Lawyer, Cooley LLP — A number of Areas. From the posting: “Working carefully with Affiliate Administrators of Conflicts, the Conflicts Employees Lawyer is chargeable for assuring compliance with relevant Guidelines of Skilled Conduct and aiding and managing different loss prevention capabilities. The Conflicts Employees Lawyer is a workers lawyer who understands the foundations that govern authorized observe and may carry out sensible processes to make sure compliance with these guidelines.” Wage vary $125,000 – $190,000 yearly. Study extra and apply right here.

Authorized Operations Supervisor, United Airways — Chicago. From the posting: ”Our division is searching for a authorized operations supervisor with confirmed expertise in information analytics and managing the day-to-day administrative operations of a company authorized division whereas supporting and driving strategic initiatives. This place experiences to the Chief Authorized Operations Officer and performs a pivotal function in optimizing the division to run extra effectively and successfully.” Wage vary $99,750.00 to $129,924.00 yearly. Study extra and apply right here.

Senior Lawyer – Ethics & Promoting, The Florida Bar — Tallahassee. From the posting: ”Supplies oral ethics opinions to Florida Bar members on the Ethics Hotline, advises reporters and others typically concerning utility of the Guidelines of Skilled Conduct. Evaluations lawyer ads for compliance with the Guidelines Regulating The Florida Bar; solutions promoting questions on the Hotline and points written opinions; staffs the Standing Committee on Promoting, drafts formal and casual advisory promoting opinions, performs authorized analysis on promoting points, drafts amendments to the lawyer promoting guidelines, prepares agenda gadgets for conferences, attends conferences and convention calls, and evaluations minutes.” Minimal beginning wage $85,247.22 yearly. Study extra and apply right here.

Upcoming Ethics Occasions & Different Bulletins

Did you miss an announcement from earlier weeks? Discover all of them right here.

• October 9-10. Complicated Litigation Ethics Convention, Middle for Litigation and Ethics, UC Legislation SF. Study extra right here.
• October 16, 3-5PM Central. “Attorneys Who Lead: Ethics, Affect, and Influence”, College of Houston Legislation Middle. Be a part of me for a dialog together with H. Stephen Grace Jr. (President and Founder H.S. Grace & Co.) and Andrew Gratz (Founding father of the Initiative on Attorneys as Leaders). Study extra and register right here.
• December 8-9. Australia and New Zealand Authorized Ethics Colloquium VIII, College of Otago, New Zealand. The 2025 colloquium will discover the evolving expectations of legal professionals in a world the place skilled conduct is more and more scrutinized via the lens of public morality and social justice. We encourage submissions that interact with questions comparable to: What are the bounds of function morality in authorized observe? How ought to authorized ethics reply to the rise of “cancel tradition” and public backlash towards legal professionals? How can the authorized career preserve its dedication to the rule of legislation whereas remaining attentive to democratic values and social change?What does accountability appear to be for legal professionals representing controversial shoppers or causes? How ought to authorized schooling evolve to organize future legal professionals for these moral complexities? Study extra right here.
• December 9 @ midday – 1PM Japanese. Florida Bar CLE “What Messy Movie star Breakups Train About Authorized Ethics.” From this system description: “What do Gwyneth Paltrow, J. Lo, and Ryan Seacrest all have in widespread? All of them had messy, public breakups that supply surprisingly wealthy classes about lawyer ethics {and professional} conduct. Skilled authorized educator Stuart Teicher, Esq. (generally known as The CLE Performer) makes use of superstar relationship drama to discover the foundations {of professional} conduct in methods which can be each memorable and sensible. From energy couple joint illustration disasters to confidentiality breaches that make tabloid headlines, these high-profile relationship meltdowns mirror the moral dilemmas attorneys face in their very own practices. You’ll uncover how superstar scandals illuminate key moral rules, making advanced guidelines simpler to know and keep in mind when actual moral challenges come up in your observe. This program combines actual superstar conditions with hypothetical situations to create partaking educating moments that stick.” Study extra right here.
• January 6-9. Affiliation of American Legislation Colleges Annual Assembly, Part on Skilled Duty Occasions. I’ll be moderating the Part’s principal program on “The Legislation Professor’s Function in Defending Our Authorized System” which will likely be held January 8 from 2:35-3:50 PM. Study extra right here.

Maintain in Contact

Information ideas? Bulletins? Occasions? A job to publish? Studying suggestions? Electronic mail [email protected] – however you should definitely subscribe first, in any other case the e-mail gained’t be delivered.

Renee Knake Jefferson holds the endowed Doherty Chair in Authorized Ethics and is a Professor of Legislation on the College of Houston. Take a look at extra of her writing on the Authorized Ethics Roundup. Discover her on X (previously Twitter) at @reneeknake or Bluesky at legalethics.bsky.social.