Ed.
note:
Please
welcome
Renee
Knake
Jefferson
back
to
the
pages
of
Above
the
Law.
Subscribe
to
her
Substack,
Legal
Ethics
Roundup, here.
Welcome
to
what
captivates,
haunts,
inspires,
and
surprises
me
every
week
in
the
world
of
legal
ethics.
Hello
First
Monday!
What
is
a
“First
Monday”
edition? Every
Monday
here
at
the
LER
you
receive
a
summary
of
the
top
10
legal
ethics
headlines.
But,
on
the
first
Monday
of
the
month,
you
get
lots
more
—
the
headlines
plus
reading
recommendations,
legal
ethics
in
pop
culture,
trivia,
job
postings,
events,
and
more.
On
Friday
this
week
I’ll
be
speaking
to
the Beverly
Hills
Bar
Association.
The
program
title
is:
“When
Lawyers
Protest:
Professional
Responsibility
and
Ethics.”
Scroll
to
the
end
to
read
a
full
description
and
learn
more.
I’ll
also
be
recording
a
podcast
with American
Bar
Association
Section
of
Dispute
Resolution on
the
topic
of
ethical
uses
of
AI
in
mediation
and
arbitration,
which
should
be
released
later
this
month.
Now
for
your
headlines
and
other
“First
Monday”
features.
Enjoy!
Highlights
from
Last
Week
–
Top
10
Headlines
#1
“The
Comey
Indictment
Could
Be
Upended
By
This
2015
Supreme
Court
Precedent.” From The
Washington
Post: “Eight
legal
experts
interviewed
for
this
article
said
the
Comey
indictment
fails
to
provide
evidence
that
the
former
FBI
director
intended
his
social
media
message
as
a
genuine
threat
to
the
president.
Under
court
rules,
prosecutors
are
obligated
to
shape
the
language
of
their
charges
to
conform
with
the
current
state
of
the
law. Mary
Anne
Franks,
a
George
Washington
University
professor
who
specializes
in
First
Amendment
law,
said
the
Comey
indictment
fails
to
do
that.
‘It
not
only
should
be
dismissed
outright,
it
should
also
mean
sanctions
for
any
lawyer
who
signed
off
on
it,’
Franks
said.
‘I
cannot
think
of
any
possible
evidence
that
would
make
this
particular
phrase
a
threat.’”
Read
more here (gift
link).
#2
“Lawyer
in
AI
Misuse
Case
Fined
Over
Subordinate
Supervision.” From Bloomberg
Law: “A
California
attorney
failed
in
his
professional
responsibility
to
sufficiently
supervise
another
lawyer
at
his
firm
who
submitted
court
filings
that
contained
AI-fabricated
citations,
a
federal
judge
ruled. Lenden
Webb,
who
practices
in
Fresno,
Cali.,
is
the
latest
in
a
fast-growing
string
of
lawyers
to
be
fined
over
misusing
AI
through
court
filings
with
fabricated
citations.
But
the
case
appears
to
be
rare
because Magistrate
Judge
Peter
H.
Kang
of
the
US
District
Court
for
the
Northern
District
of
California sanctioned
Webb
primarily
for
failing
to
oversee
another
lawyer
at
his
firm
for
committing
the
underlying
infraction.”
Read
more here.
#3
“Lawmakers
Accuse
Justice
Department
of
Rushing
SPLC
Indictment,
Citing
Whistleblower
Reports.” From CNN: “Lawmakers
have
received
whistle
blower
reports
accusing
a
top
Justice
Department
official
of
pressuring
prosecutors
to
work
quickly
to
indict
the
Southern
Poverty
Law
Center
despite
misgivings
about
the
case,
House
Democrats
said
in
a
new
letter
to
the
official, Associate
Deputy
Attorney
General
Aakash
Singh. Reps.
Jamie
Raskin and Mary
Gay
Scanlon are
demanding
that
Singh
provide
information
about
the
investigation,
while
arguing
that
the
indictment
amounted
to
a
‘shocking
abuse
of
prosecutorial
power
to
attack
civil
society.’”
Read
more here.
#4
“US
Judges
Advised
to
Disclose
Event
Donors
Under
New
Ethics
Policy.” From Reuters: “U.S.
Supreme
Court
justices
and
federal
judges
on
lower
courts
may
need
to
disclose
contributions
from
law
firms,
bar
associations
and
former
clients
to
fund
receptions
or
celebrations
in
their
honor
under
newly
adopted
ethics
guidance.”
Read
more here.
And
read
the
underlying
Judicial
Conference
Report here.
#5
“Six
Solutions
to
Fix
the
Supreme
Court.” From The
Brennan
Center
for
Justice: “Ethics
scandals
have
further
roiled
the
Court.
Reports
of
justices
accepting
lavish
trips
and
expensive
gifts
cumulating
in
millions
of
dollars,
including
from
people
with
business
before
the
Court,
as
well
as
engaging
in
political
fundraising
activities
and
controversial
displays
of
partisanship,
have
led
to
public
outrage
yet
no
meaningful
accountability.
In
recent
decades,
the
Court
has
exercised
extraordinary
influence
in
a
way
that
would
have
been
unrecognizable
to
the
framers.
…
Many
may
view
the
Court
as
impossible
to
reform.
But
it
can
be
done.
Article
III
of
the
Constitution,
which
establishes
the
federal
judicial
branch,
leaves
Congress
with
enormous
control
over
the
Court’s
structure
and
operations.
It
has
changed
the
makeup
and
rules
of
the
Court
many
times
before.
It
has
modified
justices’
duties
and
the
Court’s
docket,
created
recusal
standards,
and
even
altered
the
Court’s
size
and
jurisdiction.
It
is
time
for
Congress
to
act
once
again
and
return
the
Court
to
its
proper
place
in
the
U.S.
constitutional
system.
Congress
must
pass
urgently
needed
reforms,
including
the
following.”
Read
more here.
#6
“I
Filed
for
Roberts’s
Disbarment.
Then
This
Happened.” From The
Existentialist
Republic
Substack: “A
week
ago
I
mailed
a
formal
disciplinary
complaint
against Chief
Justice
John
Roberts to
the
District
of
Columbia
Bar
Office
of
Disciplinary
Counsel.
The
paperwork
is
at
the
bottom
of
this
article
in
full,
with
my
personal
information
redacted.
I
want
to
answer
a
few
questions,
recount
what’s
happened
since,
and
share
some
resources.”
Read
more here.
#7
“Federal
Judge
Limits
Sanction
for
DOJ
Attorney
Fired
Over
AI
Errors.” From
the ABA
Journal: “A
federal
judge
has
formally
reprimanded
a
former
assistant
U.S.
attorney
who
was
fired
in
March
for
using
generative
artificial
intelligence
to
draft
a
brief
and
failing
to
verify
its
accuracy. U.S.
Magistrate
Judge
Robert
T.
Numbers
II
of
the
Eastern
District
of
North
Carolina said
in an
order
Tuesday former Assistant
U.S.
Attorney
Rudy
Renfer ‘knowingly
submitted
a
brief
containing
fabricated
quotations
and
misstatements
of
case
holdings’
and
should
be
held
accountable.
But
he
chose
not
‘to
impose
a
significant
sanction.’”
Read
more here.
#8
“Bay
Area
TV
[Lawyer]
Ads
Suggest
Life
is
a
Continuous
Cycle
of
Disaster,
Litigation” From
the San
Francisco
Chronicle: “But
what
really
got
me
was
the
avalanche
of
ads
for
personal
injury
attorneys,
ready
to
fight
injustice
24
hours
a
day
all
at
no
cost
to
you.
I
began
to
feel
that
on
television
at
least,
the
world
is
full
of
accidents,
or
illnesses,
or
mishaps
of
some
kind.
And
somebody’s
to
blame.
Sue
them.
One
ad
shows
the
usual
car
crashes,
and
even
a
kid
simply
falling
down.
The
implication:
He
should
sue
his
mother.”
Read
more here.
#9
“As
AI
Blunders
Pile
Up,
Law
Firms
Address
Ethics
Implications
of
New
Technology.” From The
American
Lawyer: “The
American
Lawyer spoke
with
Morgan
Lewis
chief
AI
and
knowledge
officer Colleen
Nihill and
chief
legal
talent
officer Noelani
Walser about
how
law
firms
are
addressing
the
ethical
risks
associated
with
increasing
use
of
artificial
intelligence
(AI)
in
legal
practice.
The
article
examines
how
firms
are
expanding
AI
training
to
emphasize
governance,
responsibility,
and
ethical
use
alongside
technical
proficiency,
particularly
in
response
to
high-profile
errors
involving
AI-generated
content.”
Read
more here.
#10
“Private
Equity
MSO
Deal
Lawyers
–
The
Holland
&
Knight
Lawyers
Closing
15+
Law
Firm
Transactions
in
Six
Months.” From Law
Fuel: “The
quiet
revolution
in
law
firm
ownership
is
no
longer
quiet
it
appears
as
Holland
&
Knight
is
proving.
Private
equity
and
venture
capital
are pouring
into
the
legal
industry
as
we
have
reported and
they
are
now
working
through
management
services
organizations
(MSOs),
which
is
the
compliant
workaround
to
traditional
non-lawyer
ownership
bans.
And
the
pace
is
accelerating
faster
than
anyone
expected.
Holland
&
Knight’s
legal
services
transactions
team,
led
by ethics
partner
Trisha
Rich
and
private
equity
attorney
Joshua
Porte,
has
closed
more
than
15
MSO
deals
in
just
the
last
six
months
and
is
actively
working
on
100
more,
the
firm
told
Reuters
at
an
invite-only
conference
in
New
York
last
week.”
Read
more here.
Recommended
Reading
So
much
great
reading
in
legal
ethics
is
out
in
the
world
right
now.
The
first
on
my
list
this
month
is
a
two-for-one
—
I
recommend
reading
both
Romero’s
article
“Gossip”
and
Litman’s
review
of
it.
The
second
is
a
book,
one
worth
highlighting
now
but
don’t
worry
the annual
legal
ethics
summer
book
list is
still
in
the
works!
“Lady
Whisteldown…and
the
Legal
Academy?” in Jotwell by Leah
Litman (Michigan)
reviewing “Gossip” by Maybell
Romero (Tulane).
From
the
abstract:
There’s
no
one
like Professor
Maybell
Romero in
the
legal
academy
(I
say
this, a
la Violet
Chachki,
as
a
compliment,
not
a
read).In
a
searing
article
from
several
years
ago, Ruined,
Romero
used
her
own
experiences
with
rape
and
sexual
assault
to
critique
how
the
law
and
legal
profession
describe
survivors
as
“ruined,”
“broken,”
or
“destroyed.”
Then,
in Shamed,
Romero
expanded
the
lens:
She
used
personal
narrative
and
auto-ethnographic
methods
and
applied
them
to
individuals
and
institutions
within
the
legal
academy.
That
piece
explored
how
survivors
are
shamed,
in
addition
to
being
described
as
ruined—sometimes
by
members
of
the
legal
academy,
as
Romero
recounts
when
describing
(some
of)
the
reaction
to Ruined.Romero’s
latest
intervention, Gossip,
is
even
more
laser
focused
on
the
legal
academy.
It
explains
why
the
legal
academy
relies
on
gossip
as
a
governance
structure
(meaning
an
informal
system
of
regulation)
for
addressing
sexual
misconduct.
The
piece
is,
once
again,
a
difficult
but
necessary
read.
“Law
on
Trial” by Shaun
Ossei-Owusu (Penn).
From
the
publisher:
The
law
promises
justice.
Too
often,
it
delivers
inequality.
This
contradiction
raises
a
basic
question:
Why
does
a
legal
system
that
claims
to
stand
for
fairness
and
equality
fail
to
uphold
these
ideals
over
and
over?
In Law
on
Trial,
legal
scholar
and
Bronx
native
Shaun
Ossei-Owusu
draws
on
more
than
a
decade
of
observation
and
reflection—first
as
a
scholar
of
inequality,
then
as
a
law
student,
practicing
lawyer,
and
now
as
an
Ivy
League
law
professor—to
provide
an
unvarnished
account
of
the
legal
system.
He
reveals
that
the
promise
of
justice
is
too
often
a
convenient
fiction
invoked
by
lawyers,
recited
by
textbooks,
and
betrayed
in
practice.
Street
crime
gets
the
fist
of
the
state;
white-collar
crime
gets
a
gentle
hand.
Laws
meant
to
protect
women
and
minorities
are
increasingly
turned
against
them.
Immigrants
face
the
law
with
only
the
thinnest
protections,
while
the
rights
of
people
with
disabilities
are
routinely
ignored.
And,
most
quietly,
lawyer-driven
corporate
deals
shutter
small-town
hospitals,
deepening
America’s
abandonment
of
the
rural
poor.
These
are
not
aberrations,
but
simply
how
law
works
in
this
country.In
this
legal
odyssey,
Ossei-Owusu
takes
us
inside
law
school
classrooms
where
human
suffering
is
reduced
to
abstract
principles.
He
brings
us
to
government
offices
where
protecting
cities
can
mean
crushing
the
vulnerable.
We
go
to
Big
Law
conference
rooms
where
power
is
exercised
far
from
the
communities
most
affected.
At
every
step,
he
pulls
back
the
curtain
on
legal
education
and
the
legal
profession,
creating
a
revelatory,
unforgettable
account
of
a
system
that
touches
all
of
us,
in
one
way
or
another.
A
book
for
nonlawyers,
law
students,
and
practicing
lawyers
alike, Law
on
Trial explains
how
a
legal
system
dedicated
to
fairness
is
behind
many
of
the
social
ills
of
our
time,
and
shows
how
it
can
be
fixed.
Legal
Ethics
in
Pop
Culture
“Best
Legal
Shows
to
Watch:
18
Realistic
and
Entertaining
Law
Series.” From
the National
Jurist:
“Some
legal
shows
offer
a
close
look
at
real
practice,
ethics
and
courtroom
strategy.
Others
lean
into
drama,
humor
or
high-stakes
storytelling.
Both
can
offer
insight
into
the
profession.”
Read
about
all
18
shows,
from
the
most
realistic
to
the
most
entertaining, here.
Legal
Ethics
Trivia
里
From
the
Texas
Center
for
Legal
Ethics,
here’s
the
question
of
the
month:
“Is
this
attorney
required
to
notify
the
Office
of
the
Chief
Disciplinary
Counsel
about
being
placed
on
probation?” Test
yourself
at
this
website where
you
can
read
a
short
hypothetical,
select
an
answer,
and
see
your
results.
So
far,
no
one
has
gotten
it
right.
Will
you?
Get
Hired
Did
you
miss
the
500+
job
postings
from
previous
weeks?
Find
them
all here.
Conflicts
&
Ethics
Attorney,
King
&
Spaulding
—
Various
Locations. From
the
posting:
“Conduct
comprehensive
reviews
of
new
business
intake
forms,
conflict
reports,
and
engagement
terms
to
identify
and
resolve
potential
business
and
ethical
conflicts,
ensuring
full
compliance
with
Firm
policies
prior
to
matter
initiation.
Draft
and
review
waiver
letters,
engagement
letters,
and
communicate
with
lawyers
and
staff
on
any
changes
or
additional
information
that
may
be
necessary
before
the
Firm
can
accept
the
new
business.
Advise
on
issues
under
the
rules
of
professional
responsibility.”
Learn
more
and
apply here.
Legal
Director,
Global
Ethics
&
Compliance,
Kohler
—
Kohler,
WI. Learn
more
and
apply here.
Litigation
Counsel,
Citizens
for
Responsibility
and
Ethics
in
Washington
—
Washington
DC. From
the
posting:
“Citizens
for
Responsibility
and
Ethics
in
Washington
(CREW)
seeks
a
passionate
and
creative
Litigation
Counsel
to
join
our
legal
team
and
help
us
secure
our
democracy
and
build
a
better
Washington.
This
position
is
a
unique
opportunity
to
be
on
the
front
lines
of
the
fight
for
a
more
ethical,
accountable,
and
open
government,
while
working
alongside
smart,
dedicated
and
kind
people.
As
a
leading
nonpartisan
nonprofit
government
watchdog,
CREW
is
dedicated
to
preserving
our
democratic
institutions,
upholding
the
rule
of
law,
defending
against
threats
to
free
and
fair
elections,
rooting
out
government
misconduct
and
corruption
and
fighting
the
influence
of
money
in
politics
through
legal
action
and
communications
grounded
by
in-depth
research.
CREW
is
looking
for
a
creative,
driven
attorney
committed
to
our
mission
and
values.
We
welcome
diverse
skills,
backgrounds
and
experiences.”
Salary
range
$145,000-$165,000.
Learn
more
and
apply here.
Public
Affairs
Counsel:
Legal
Ethics
&
Media
Strategy,
State
Bar
of
Texas
—
Austin. From
the
posting:
“A
governmental
legal
organization
in
Texas
seeks
a
professional
to
manage
media
relations
and
educational
outreach
regarding
attorney
grievances
and
discipline.
This
role
requires
a
J.D.,
Texas
law
license,
and
a
minimum
of
five
years
in
communications.
Responsibilities
include
handling
media
inquiries,
developing
educational
materials,
and
assisting
with
legislative
matters.”
Learn
more
and
apply here.
Staff
Attorney,
Texas
Board
of
Bar
Examiners
—
Austin/Remote. From
the
posting:
“The
Staff
Attorney
represents
the
Board
in
character
and
fitness
hearings,
evaluates
requests
for
testing
accommodations,
assists
with
public
information
requests,
and
assists
with
administering
the
Texas
bar
exam.”
Learn
more
and
apply here.
Staff
Attorney,
Deborah
L.
Rhode
Center
on
the
Legal
Profession
at
Stanford
Law
School
—
Palo
Alto. From
the
posting:
”The
Staff
Attorney
will
serve
as
a
key
legal
advisor
to
the
Center
and
will
be
responsible
for
conducting
in-depth
legal
research
and
analysis,
monitoring
developments
in
case
law
and
legislation,
and
translating
the
Center’s
empirical
research
into
practical
legal
recommendations.
The
Staff
Attorney
will
focus
on
the
Center’s
brief-writing
and
amicus
advocacy
work—helping
courts
across
the
country
adopt
evidence-based
reforms
in
MDL
practice,
contingency-fee
transparency,
and
civil
litigation
integrity.
The
Staff
Attorney
will
work
closely
with
the
Center’s
Faculty
Co-Directors
(Nora
Freeman
Engstrom
and
David
Freeman
Engstrom)
and
report
to
the
Center’s
Executive
Director
(Malka
Herman).”
Salary
range
$116,966
to
$150,114.
Learn
more
and
apply here.
Upcoming
Ethics
Events
&
Other
Announcements
️
May
8,
12:30-1:30PM
Pacific.
Beverly
Hills
Bar
Association,
“When
Lawyers
Protest:
Professional
Responsibility
and
Ethics.” Join
me
via
Zoom
where
I’ll
be
discussing
my
forthcoming
Michigan
Law
Review
piece
“When
Lawyers
Protest.”
From
the
program
description:
“Lawyers
are
increasingly
visible
in
moments
of
public
protest,
civic
action,
and
political
expression.
Join
law
professor
and
ethics
expert
Renee
Knake
Jefferson
for
a
timely
and
practical
examination
of
how
professional
responsibility
rules
apply
when
lawyers
engage
in
protest
and
other
forms
of
public
participation.
This
program
goes
beyond
the
question
of
whether
lawyers
may
protest
to
explore
what
the
legal
profession
owes
to
the
public
when
its
members
do.
Drawing
on
recent,
real-world
examples,
the
ABA
Model
Rules,
disciplinary
cases,
and
emerging
scholarship,
the
session
will
examine
how
ethical
duties
related
to
professionalism,
public
confidence
in
the
justice
system,
and
lawyer
conduct
intersect
with
civic
engagement.
Participants
will
leave
with
a
clearer
understanding
of
where
ethical
boundaries
lie,
how
those
boundaries
are
shifting,
and
how
to
navigate
public
action
without
jeopardizing
professional
standing
or
public
trust.”
Learn
more
and
register here.
May
13,
10-11AM
Pacific.
Stanford
Law
School
Rhode
Center
on
the
Legal
Profession. Lawyers’
Monopoly
Webinar
Series
3:
The
Comparative
Lens.
Learn
more
and
register here.
May
27-29. ABA
51st
Conference
on
Professional
Responsibility,
UCLA
Meyer
and
Renee
Luskin
Conference
Center,
Los
Angeles.
Learn
more here.
May
29-30.
ABA
41st
National
Forum
on
Client
Protection,
UCLA
Meyer
and
Renee
Luskin
Conference
Center,
Los
Angeles.
Learn
more here.
June
24,
10-11AM
Pacific.
Stanford
Law
School
Rhode
Center
on
the
Legal
Profession. Lawyers
Monopoly
Webinar
Series
#4:
Charting
the
Future
of
Legal
Services.
Learn
more
and
register here.
June
25-26.
International
Association
of
Legal
Ethics
Berlin
Conference:“The
Legal
Professions
in
Times
of
Rule
of
Law
and
Democratic
Backsliding.”
I’ll
be
there
speaking
on
a
panel
entitled:
“Legal
Mobilization
to
Save
Democracy
and
the
Rule
of
Law
in
the
United
States.”
Learn
more
and
register here.
July
30-August
1.
Association
of
Professional
Responsibility
Lawyers
Annual
Meeting,
Chicago. Learn
more here.
October
15-16.
Complex
Litigation
Ethics
Conference,
UC
Law
San
Francisco. The
conference
is
the
fourth
annual
event
addressing
Complex
Litigation
Ethics.
It
will
bring
together
luminaries
in
the
field—judges,
scholars,
lawyers,
and
others—to
discuss
a
cutting-edge
topic
that
is
of
critical
importance
to
our
justice
system.
Learn
more here.
December
9-11.
International
Legal
Ethics
Conference,
National
University
of
Singapore,
Faculty
of
Law. Learn
more here.
Keep
in
Touch
Do
you
have
colleagues
who
care
about
legal
ethics? Please
share
the
Roundup
with
them.
I’d
love
to
see
our
community
continue
to
grow!
News
tips?
Announcements?
Events? A
job
to
post? Reading
recommendations? Email
[email protected]
–
but
be
sure
to
subscribe
first,
otherwise
the
email
won’t
be
delivered.
Renee
Knake
Jefferson
holds
the
endowed
Doherty
Chair
in
Legal
Ethics
and
is
a
Professor
of
Law
at
the
University
of
Houston.
Check
out
more
of
her
writing
at
the Legal
Ethics
Roundup.
Find
her
on
X
(formerly
Twitter)
at @reneeknake or
Bluesky
at legalethics.bsky.social.