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!
Welcome
to
February.
Watching
the
streets
of
Minneapolis
in
recent
days
leaves
me
wondering
whether
what
I’m
writing
here
at
the
LER
can
make
a
difference
in
the
world
right
now.
I’m
not
sure,
but
since
you’re
still
reading,
I’ll
keep
publishing.
I
was
reminded
listening
to
the
new Bruce
Springsteen ballad Streets
of
Minneapoliswhy
law
needs
music.
He
wrote
it
in
a
day,
and
performed
it
less
than
a
week
later
at
a
Minneapolis
rally.
It’s
now
the #1
download on
iTunes
in
at
least
19
countries.
Have
you
listened
to
it
yet?
Here’s
a
headline
from The
New
York
Times: “Springsteen
Takes
the
Stage
as
Minneapolis
Residents
Take
to
the
Streets.”The
article
begins:
”Thousands
of
Minneapolis
residents
surged
into
the
streets
again
Friday,
a
spasm
of
fury
at
a
violent
immigration
crackdown
that
has
killed
two
of
their
own.
It
was
a
day
of
action
driven
by
Bruce
Springsteen,
who
made
a
surprise
appearance
at
a
rowdy
benefit
concert
in
the
city.”
Read
more here (gift
link).
Fifteen
years
ago
I
wrote
an
essay
analyzing
how
music
can
empower
social
change
in
the
wake
of
the
law’s
failure
— When
the
Law
Needs
Music,
published
as
part
of
a
Fordham
Urban
Law
Journal
symposium
on
the
music
of
Bob
Dylan.
My
focus
there
was
on
a
case
called NAACP
v.
Button,
where
the
Supreme
Court
held
that
the
First
Amendment
protected
the
NAACP’s
legal
assistance
to
individuals
for
the
enforcement
of
constitutional
and
civil
rights.
The
decision
was
a
victory
for
the
NAACP,
yet
success
in
the
courtroom
did
not
translate
entirely
to
success
on
the
ground.
Indeed,
in
the
same
year,
NAACP
Mississippi
Field
Secretary
Medgar
Evers
was
assassinated,
and
the
Birmingham
Sixteenth
Street
Baptist
Church
was
bombed.
These
events
serve
as
reminders
of
law’s
inadequacies,
in
that
the
constitutional
protection
of
legal
services
in
the
Button
case
did
little
to
stop
the
needless
loss
of
life
and
violence
that
was
characteristic
of
racial
desegregation
efforts.
Music
of
the
1960s
captured
struggles
when
the
law
proved
impotent.
Springsteen’s
Streets
of
Minneapolis
is
meeting
the
moment
today.
Now
for
your
headlines.
Highlights
from
Last
Week –
Top
Ten
Headlines
#1
“US
Justice
Department’s
Misconduct
Complaint
Against
Judge
Boasberg
Gets
Tossed.” From Reuters: “A
federal
appeals
court
judge
has
dismissed
a
judicial
misconduct
complaint
by
U.S.
Justice
Department
against
a
judge
who
clashed
with President
Donald
Trump’s administration
over
its
move
to
deport
several
Venezuelans
to
El
Salvador. U.S.
Attorney
General
Pam
Bondi took
the
rare
step
in
July
of
announcing
the
complaint
against Chief
U.S.
District
Judge
James
Boasberg in
Washington,
D.C.,
alleging
he
made
improper
comments
about
Trump
during
a
meeting
of
the
judiciary’s
policymaking
body,
the
Judicial
Conference.”
Read
more here.
#2
“Ethics
Watch:
Fantasy
Football
OK
for
New
York
Judge.” From Wisconsin
Bar
Inside
Track
Weekly: “Judges
face
critical
scrutiny
to
maintain
their
reputation
for
impartiality,
a
challenge
so
all-encompassing
that
a
New
York
judge
asked
for
an
opinion
if
it
was
OK
to
participate
in
an
online
fantasy
football
league.
In
New
York
Judicial
Advisory
Opinion
25-122,
the
New
York
Advisory
Committee
on
Judicial
Ethics
considered
fantasy
football
with
lawyer
friends
acceptable
as
long
as
the
lawyers
playing
in
the
league
remain
no
more
than
acquaintances
–
and
the
judge
stays
impartial.”
Read
more here.
#3
“As
AI-Generated
Fake
Content
Mars
Legal
Cases,
States
Want
Guardrails.” From Stateline: “As
more
false
quotes,
fake
court
cases
and
incorrect
information
appear
in
legal
documents
generated
by
AI,
state
bar
associations,
state
court
systems
and
national
law
organizations
are
issuing
guidance
on
its
use
in
the
legal
field.
A
handful
of
states
are
considering
or
enacting
legislation
to
address
the
issue,
and
many
courts
and
professional
associations
are
focused
on
education
for
attorneys.”
Read
more here.
#4
“As
Lawyer
Rates
Surge,
US
Firm
Charges
$4,000
an
Hour
for
Top
Partners.” From Reuters: “The
topmost
hourly
billing
rates
at
U.S.
law
firm
Susman
Godfrey
have
reached
$4,000
an
hour
for
2026,
surpassing
already
sky-high
fees
charged
by
the
priciest
lawyers
last
year.
Susman
partner Neal
Mannesaid
the
new
rates
apply
to
him
and
fellow
litigator Bill
Carmody.”
Read
more here.
#5
“Florida
Bar
Will
Not
Reprimand
Matt
Gaetz
for
Alleged
Sexual
Misbehavior.” From
the Orlando
Sentinel: “Matt
Gaetz,
who
faced
allegations
of
sexual
misconduct
and
illegal
drug
use,
can
continue
practicing
law
after
the
Florida
Bar
decided
last
week.”
Read
more here.
#6
“Lawsuit
Against
Northwestern
Law
Alleging
Anti-White
Discrimination
Dismissed.” From
the ABA
Journal: “A
federal
judge
has
dismissed
a
lawsuit
alleging
Northwestern
University
Pritzker
School
of
Law
discriminates
against
white
men
in
faculty
hiring,
Reuters
reports.
The
suit
was
brought
by
a
nonprofit
organization
called
Faculty,
Alumni
and
Students
Opposed
to
Racial
Preferences,
represented
by
prominent
conservative
attorney Jonathan
Mitchell and
by
America
First
Legal,
co-founded
by Donald
Trump adviser Stephen
Miller,
the
story
states.
Filed
in
July
2024,
the
suit
alleged
the
law
school
did
not
consider
hiring
white
male
faculty
candidates
with
‘stellar
credentials’
and
instead
hired
‘mediocre’
candidates
from
diverse
racial
and
gender
backgrounds,
according
to
Reuters.
The
decision
by U.S.
District
Judge
Sara
Ellis to
dismiss
the
suit
last
week
follows
other
unsuccessful
moves
by
conservative
legal
groups
targeting
law
schools,
including
discrimination
cases
against
the
Harvard
Law
Review
in
2018
and
the
NYU
Law
Review
in
2023,
the
story
says.
In
addition,
Faculty,
Alumni
and
Students
Opposed
to
Racial
Preferences
voluntarily
dismissed
a
suit
against
the
Michigan
Law
Review
for
discrimination
in
October.”
Read
more here.
#7
“Legal
Tech
Leaders
Join
Other
Legal
Professionals
In
Open
Letter
Supporting
the
Rule
of
Law.” From Lawsites: “A
number
of
leaders
from
the
legal
technology
community
are
joining
other
legal
professionals
in
an
open
letter
supporting
the
rule
of
law.
‘Lawyers,
judges,
and
government
officials
all
take
an
oath
to
support
and
defend
the
constitution,’
the
letter
says.
‘We
write
at
a
moment
when
constitutional
rights
and
legal
norms,
long
considered
stable,
are
being
challenged.
Today,
our
profession
must
speak
clearly
and
firmly.’”
Read
more here.
#8
“Florida
Bar
Appeals
Discipline
Report
for
Lawyer
Who
Sued
Gov.
DeSantis.” From
the ABA
Journal: “The
Florida
Bar
will
appeal
a
judge’s
disciplinary
report
in
the
case
of
an
attorney
who
filed
a
lawsuit
against Florida
Gov.
Ron
DeSantis.
Last
month,
the
judge
overseeing
the
discipline
case
recommended
that
Florida
lawyer Daniel
Uhlfelder be
admonished
by
the
Florida
Supreme
Court,
the
most
lenient
form
of
discipline
that
he
could
receive,
according
to
a
story
by
the
Tampa
Bay
Times.”
Read
more here.
#9
“Special
Masters
and
Silent
Battles:
The
Ethics
of
Settlement
Allocations.” From Law.com: “Among
the
most
underestimated
risks
in
modern
plaintiff
practice
is
allocating
settlement
proceeds
among
multiple
clients.”
Read
more here.
#10
“Interest
in
Law
School
Is
Surging.
A.I.
Makes
the
Payoff
Less
Certain.” From The
New
York
Times: “The
number
of
applicants
has
risen
more
than
40
percent
over
the
last
two
years,
despite
new
limits
on
student
loans
and
uncertainty
over
how
artificial
intelligence
will
affect
legal
work.”
Read
more here (gift
link).
Recommended
Reading
So
much
great
reading
in
legal
ethics
is
out
in
the
world
right
now.
I
have
a
stockpile
of
recommendations
to
share
in
the
coming
months.
For
now
you
get
three
law
review
articles.
“Renewing
Our
Vows:
The
Lawyer’s
Oath
and
Our
Pledge
to
Democracy” by Colin
Black (Suffolk).
From
the
abstract:
For
centuries,
lawyers
have
sworn
to
an
oath
as
a
prerequisite
to
admission.
The
oath,
barely
evolved
from
their
historical
roots,
represents
the
guiding
commitment
lawyers
make
to
democratic
principles
of
honesty,
integrity,
fairness,
and
the
rule
of
law.
This
commitment
is
in
exchange
for
the
power
and
privilege
of
belonging
to
the
legal
profession.
However,
the
ethical
landscape
for
legal
practitioners
has
evolved,
particularly
in
response
to
the
alarming
events
of
the
2020
U.S.
presidential
election.
These
events
revealed
significant
lapses
in
the
judgment
and
conduct
among
some
lawyers,
exposing
the
need
for
a
recommitment
to
the
democratic
principles
embedded
in
the
oath.
This
article
critically
examines
the
historical
development
of
the
lawyer’s
oath
and
argues
for
its
modernization
to
better
reflect
the
ethical
challenges
of
contemporary
legal
practice.
It
highlights
the
need
for
the
oath
to
include
explicit
commitments
to
democratic
principles,
the
rejection
of
bias,
and
the
reinforcement
of
ethical
responsibility.
The
article
further
explores
how
these
modernized
principles
can
be
integrated
into
legal
education
and
professional
conduct
to
help
avoid
future
lapses.
In
advocating
for
these
reforms,
the
article
asserts
that
a
renewed
and
modernized
oath
is
essential
for
the
legal
profession
to
reclaim
its
role
as
a
defender
of
justice
and
public
trust.
“NYU
Law
Review
Institute
of
Judicial
Administration
Brennan
Lecture:
Law
Schools
and
State
Supreme
Courts
Must
Consider
Creative
Change
to
Meet
the
Legal
Needs
of
Underserved
Populations” by Melissa
Hart and Kirsten
Winek.
From
the
introduction:
The
gap
in
access
to
justice
in
the
United
States
has
remained
at
a
crisis
level
for
too
long.
Statistics
from
recent
national
surveys
are
alarming.
A
2020
survey
of
a
representative
sample
of
people
in
the
United
States
reported
that
66%
of
individuals
had
faced
one
or
more
civil
legal
issues
in
the
preceding
four
years
and
that
only
49%
of
those
legal
issues
were
resolved.
…
These
challenges
have
not
gone
unnoticed.
On
August
2,
2023,
during
the
joint
Annual
Meeting
of
the
Conference
of
Chief
Justices
(CCJ)
and
the
Conference
of
State
Court
Administrators
(COSCA),
members
of
these
two
organizations
adopted
Resolution
1,
which
created
the
Working
Committee
on
Legal
Education
and
Admissions
Reform,
known
as
the
‘CLEAR’
Committee.
In
March
2024,
CLEAR
released
a
Landscape
Brief
that
set
out
its
ambitious
goal
of
‘work[ing]
to
catalyze
high-impact
reforms
from
state
supreme
courts
aimed
at
further
aligning
bar
admissions
and
legal
education
around
bringing
practice-ready,
competent
attorneys
to
meet
the
legal
needs
of
communities
across
the
country.’
CLEAR
also
planned
to
create
a
final
report
and
recommendations
and
present
it
to
the
CCJ
and
COSCA
in
July
2025—less
than
two
years
after
CLEAR’s
creation.
CLEAR’s
report
and
recommendations
would
be
informed
in
part
by
interactions
with
and
feedback
from
relevant
stakeholders,
including
individuals
and
groups
from
the
bench
and
bar,
legal
education,
and
bar
admissions.This
Article
is
organized
around
CLEAR’s
three
areas
of
inquiry
and
related
questions
that
must
be
answered
to
drive
reform.
Part
I
considers
the
purposes
of
legal
education
and
potential
changes
to
its
structure
and
curriculum.
Part
II
questions
whether
the
bar
exam
truly
tests
minimum
competence,
and
if
it
does
not,
whether
better
alternatives
exist
or
can
be
created.
Part
III
explores
how
states
are
addressing
the
justice
gap—both
by
encouraging
lawyers
to
fill
it
and
by
looking
elsewhere
if
lawyers
won’t
meet
the
urgent
need.
“The
Inside
Track” by Tracey
George (Vanderbilt), Mitu
Gulati (Virginia),
and Albert
Yoon (Toronto).
From
the
abstract:
Roughly
1%
of
all
petitions
to
be
heard
are
taken
by
the
Supreme
Court
each
year;
5%,
if
one
limits
analysis
to
paid
petitions.
Getting
certiorari,
in
other
words,
is
highly
competitive.
But
little
is
known
about
the
lawyers
who,
year
in
and
year
out,
win
the
competition
for
cert.
In
this
Essay,
we
unpack
twenty-four
years
of
data
on
petitions
and
the
lawyers
who
bring
them.
Who
are
the
superstars
of
the
cert
process
and
where
do
they
come
from?
Legal
Ethics
in
Pop
Culture
—
Legal
Ethics
Lessons
from
a
Melbourne-Based
Television
Show
“Fisk”
Professors Catherine
Krueger and Benjamin
Richards (both
of
the
University
of
Tasmania)
bring
our
attention
to
a
terrific
show
for
teaching
about
legal
ethics.
Here’s
an
excerpt
from
their
essay “Fisk:
Television
Legal
Dramas
for
Educating
Lawyers.”
This
working
paper
examines
the
importance
of
television
legal
dramas
as
a
pedagogical
tool
for
law
students
and
practising
lawyers.
It
focuses
on
the
hugely
popular
Australian
legal
drama
“Fisk”,
which
is
set
in
a
fictitious
wills-and-estate
legal
practice
in
Melbourne.
Given
that
the
general
public
does
not
frequently
engage
with
lawyers,
much
of
their
perception
of
the
profession
is
shaped
by
media
portrayals
including
film
and
television.
Although
television
legal
dramas
often
present
exaggerated
versions
of
their
subjects,
they
can
nonetheless
convey
significant
cultural
truths.
Such
dramas
can
be
particularly
valuable
for
fostering
a
deeper
understanding
of
lawyers’
ethics,
competencies,
and
professional
identities.
The
New
York
Times gives
it
a strong
review:
Kitty
Flanagan cocreated
and
stars
in
this
Australian
comedy
about
a
lawyer
whose
life
collapses,
so
she
finds
herself
working
in
a
dinky
suburban
law
firm.
“Fisk”
has
a
fun
and
offbeat
style,
not
quite
as
strange
as
“Stath
Lets
Flats”
but
set
in
a
similarly
askew
world
populated
by
enchanting
oddballs.
It’s
also
the
rare
comedy
to
operate
largely
as
a
procedural,
with
new
clients
each
episode.
If
you
wish
you
could
mash
up
“Boston
Legal”
and
“The
Office,”
with
an
emphasis
on
Dwight
and
Angela,
try
this.
And
even
though
it
is
an
Australian
show,
you
can watch
all
three
seasons on
Netflix.
from
Fisk,
Australian
Broadcasting
Corporation
Get
Hired
Did
you
miss
the
400+
job
postings
from
previous
weeks?
Find
them
all here.
Business
Intake
and
Conflicts
Attorney,
Goodwin
—
Multiple
Locations. From
the
posting:
”The
Business
Intake
and
Conflicts
Attorney’s
primarily
responsibility
is
to
review,
analysis
and
management
of
client
engagement
and
waiver
documentation
to
ensure
compliance
with
required
firm
policies
and
procedures.
Work
closely
with
Department
administrators
and
Office
of
General
Counsel
to
flag,
escalate
and
resolve
issues
as
necessary.
Communicate
with
partners
and
secretaries
on
a
regular
basis
to
identify
issues,
train
and
ensure
compliance
with
firm
policies
and
procedures.
Manage
the
coding
and
filing
of
engagement
documentation
in
preparation
for
firm
audits.
Also
responsible
for
conflicts
clearance
review
and
analysis
for
firm-wide
legal
hires
and
new
business,
working
directly
with
the
Department
administrators,
as
well
as
with
Office
of
General
Counsel,
to
identify
and
resolve
potential
ethics
and
business
conflict
issues.”
Salary
range
$116,900-$182,900
annually
depending
on
location.
Learn
more
and
apply here.
Conflicts
Attorney,
Wilson
Sonsini
—
Remote. From
the
posting:
”This
role
works
closely
with
attorneys
and
business
stakeholders
to
ensure
timely
conflicts
clearance
and
efficient
matter
progression.
The
Conflicts
Attorney
will
conduct
daily
reviews
of
firm
conflicts
reports,
identify
and
resolve
issues
using
sound
legal
judgment,
and
provide
practical,
solutions-oriented
guidance
consistent
with
professional
responsibility
rules
and
Firm
policies.”
Salary
range
$116,875
–
$158,125
annually.
Learn
more
and
apply here.
Ethics
Office
Program
Manager,
TikTok
—
Los
Angeles. From
the
posting:
”We
are
looking
for
an
individual
with
a
Legal,
Ethics,
or
Compliance
background
to
support
our
employees
in
North
and
South
America.
The
new
hire
will
assist
with
Ethics
Office
initiatives,
including
general
project
management,
assessing
policy
and
procedure
needs,
developing
and
implementing
policies
and
procedures,
reviewing
policy
queries
from
employees,
reviewing
and
remediating
conflict
of
interest
declarations,
and
collecting
and
analyzing
ethics
and
compliance
data.
”
Salary
range
$98,800
–
$177,333
annually.
Learn
more
and
apply here.
Ethics
Unit
–
Deputy
Attorney
General
IV,
California
Department
of
Justice
—
Hybrid. From
the
posting:
”Within
the
Office
of
General
Counsel,
a
specialized
group
of
attorneys
advises
the
Department
and
its
clients
on
California
laws,
regulations,
and
standards
governing
financial
and
non-financial
conflicts
of
interest,
government
ethics,
misuse
of
public
funds,
open
meetings,
professional
responsibility,
and
related
topics.”
Salary
range
$11,993.00
–
$16,096.00
per
month.
Learn
more
and
apply here.
Senior
Ethics
Attorney,
Department
of
Defense
—
Springfield,
VA. From
the
posting:
”Attorneys
provide
legal
advice
and
representation
to
ensure
that
NGA
accomplishes
its
mission
in
compliance
with
applicable
laws.
They
ascertain
facts,
analyze
issues,
apply
legal
authorities,
render
opinions,
and
advocate
Agency
positions.”
Salary
range
$167,603
to
–
$195,200
annually.
Learn
more
and
apply here.
VP,
Legal,
Ethics
&
Compliance,
Warner
Brothers
Discovery
—
Atlanta,
New
York,
or
Silver
Spring. From
the
posting:
”This
role
has
a
broad
remit,
and
responsibilities
and
skills
include:
•
Understanding
and
maintaining
a
deep
knowledge
of
ethics
and
compliance
requirements
specific
to
WBD’s
CNN,
DTC/Streaming,
Content
Distribution,
Technology,
&
Ad
Sales
businesses,
working
collaboratively
to
set
the
strategic
direction
for
the
Ethics
&
Compliance
function
in
these
businesses.
•
Developing,
implementing,
and
providing
training
on
laws,
regulations
and
policies
relating
to
ethics
and
compliance
obligations.”
Salary
range
$221,480.00
–
$411,320.00
annually.
Learn
more
and
apply here.
Upcoming
Ethics
Events
&
Other
Announcements
️
Did
you
miss
an
announcement
from
previous
weeks?
Find
them
all here.
-
February
7-9.
Association
of
Professional
Responsibility
Lawyers,
Midyear
Meeting,
San
Antonio. Learn
more
and
register here. -
February
12,
9AM-Noon
EST.
What
Taylor
Swift
and
Tom
Cruise
Teach
About
Attorney
Ethics,
Online. “Join
the
CLE
Performer, Stuart
Teicher,
as
he
explains
the
ethics
lessons
that
a
titan
of
music
and
a
titan
of
Hollywood
teach
to
lawyers.
He
will
use
clips
from
some
of
Cruise’s
biggest
movies
and
a
few
snippets
of
Swift’s
biggest
songs
to
compare,
contrast
and
illustrate
points
of
CLE.
You
don’t
have
to
be
a
Swiftie
or
a
Tom
Cruise
fan
to
watch
the
program…but
you
might
end
up
one
when
you’re
done!”
Learn
more
and
register here. -
April
22-24.
American
Bar
AssociationSpring
2026
National
Legal
Malpractice
Conference,
Coral
Gables. 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. -
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
-
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. -
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!
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.