It Had To Happen: Clio Acquires vLex – Above the Law

In
a
somewhat
unexpected
announcement,
Clio,
the
giant
practice
management
software
company,
has
acquired
vLex,
the
legal
research
and
AI
company,
to
the
tune
of
$1
billion,
according
to
a

report

in
the
Artificial
Lawyer.

Coming
on
the
heels
of
the
recent
announcement
of
the
“strategic
alliance”
between
Harvey
and
LexisNexis,
it
would
seem
that
the
legal
tech
world
is
in
upheaval.
That
may
indeed
be
true
but
it’s
also
true
that
there
are
some
sound
reasons
for
the
recent
developments.
These
reasons
go
to
the
heart
of
the
needs
and
wants
of
lawyers
and
legal
professionals.

When
I

wrote
about

the
Harvey/LexisNexis
alliance
last
week,
I
noted
that
Harvey
had
succeeded
by
correctly
gauging
the
needs
and
wants
of
its
customers.
That
may
also
be
true
of
the
Clio
acquisition.


Diverse
Markets

First,
it’s
important
to
keep
in
mind
that
Clio
and
Harvey
to
some
extent
have
traditionally
served
different
legal
markets.
As
I
said
in
my
recent
post,
Harvey
began
by
focusing
on
Biglaw
and
only
recently
has
been
looking
at
the
smaller
firm
market.
Clio
has
long
been
the
practice
management
platform
for
smaller
law
firms
although,
like
Harvey,
it’s
now
looking
at
moving
into
the
midsize
and
even
bigger
law
market.

Both
companies
have
expansion
in
mind.
That
means
they
need
more
diverse
sets
of
tools.
Ironically,
the
deals
could
strengthen
each
company’s
position
in
the
market
traditionally
served
by
the
other.


AI
and
a
Firm’s
Internal
Materials

But
that’s
only
of
tangential
importance.
Here’s
the
more
important
thing.
As
I
have

written
before
,
so
much
of
what
law
firms
(and
legal
departments
for
that
matter)
want
out
of
AI
is
the
ability
to
access
safely
internal
materials.
To
find
best
practices
and
prior
works
and
leverage
them.
As
said
in
a

post

last
year:

Retrieval
before
AI
technology,
even
if
the
material
was
housed
someplace,
was
at
best
clunky
and
hit
and
miss.
It
took
time.
Now,
it’s
instantaneous.
And
the
advantages
are
pretty
significant,
too,
ranging
from
generating
better
quality
documents,
creating
documents
that
bear
the
firm’s
unmistakable
aura
and
culture,
and
better
associates’
training.

So
the
ability
of
Harvey’s
AI
and
now
vLex’s
AI,
Vincent,
to
access
those
internal
materials
and
provide
instantaneous
responses
is
significant.
Presumably,
the
Clio-vLex
combination
will
enable
Vincent
to
work
with
Clio’s
system
to
access
just
these
sorts
of
documents
and
materials
not
only
across
public
documents
but
also
across
internal
data
bases
as
well.
 

Moreover,
the
Harvey
alliance
and
Clio
acquisition
will
provide
customers
with
the
ability
to
have
the
AI
tools
work
on
internal
documents
but
also
on
an
entire
legal
data
bank
that
not
only
offers
legal
research
but
also
drafting
help
and
suggestions
based
on
an
even
larger
data
bank
of
materials.


The
One
Stop
Shop

More
importantly,
presumably
the
combinations
will
provide
tools
that
will
work
seamlessly.
 The
new
combinations
will
thus
create
a
one-stop
shop
for
the
tools
and
services
a
firm
might
need
to
leverage
its
own
content
and
the
more
public
legal
universe
both
substantively
and
administratively.
This
one
stop
will
enable
things
like
case
management,
document
summarization,
and
even
brief
writing
in
one
single
platform.
The
tools
will
also
leverage
content
for
administrative
non
billable
tasks
like
billing
and
invoicing.

The
key:
the
combined
tools
will
eliminate
the
necessity
to
deploy
separate
tech
solutions
to
solve
various
individual
problems.
A
non-unified
approach
creates
all
sorts
of
problems
and
frustrations.
Lawyers
don’t
like
moving
from
platform
to
platform.
It’s
a
frustrating
pain
point.
Frustration
means
lawyers
won’t
use
some
of
the
tools
for
which
the
firm
is
paying.
They
disrupt
work
flows.

As
I

wrote
previously
,
“Law
firms
don’t
like
selecting
vendors
to
begin
with.
They
aren’t
good
at
it.
Firms
have
trouble
trying
to
make
different
vendors’
products
work
across
various
tasks.
It’s
clunky
and
time-consuming.”
Waste
of
money,
waste
of
time,
less
than
ideal
work
product.

I

wrote
then

that
if
or
when
a
vendor
could
combine
all
these
functions
in
one
platform,
it
would
be
on
to
something
because
it
would
address
a
real
pain
point.
It
looks
like
that’s
exactly
what
Harvey,
LexisNexis,
Clio,
and
vLex
are
doing.


The
Cost

But
of
course,
everything
has
a
price.
I
have
also

written
before

about
the
perils
of
this
kind
of
market
maturation
when
I
noticed
consolidation
trends,
where
justification
of
expenditures
extracts
a
price
over
service.
Paying
a
billion
dollars
for
something
places
a
lot
of
pressure
for
quick
returns.
I
have
also

talked
before

about
the
consequences
of
moving
products
away
from
the
lawyers/entrepreneurs
who
founded
the
startups
that
made
the
products
and
toward
those
who
may
not
have
the
same
feel.

I
have

noted

the
warning
of
commentator

Cory
Doctorow

of
what
he
calls
“inshitification,”
a
process
where,
as
a
company
grows,
it
focuses
less
on
the
users
it
originally
served
and
more
on
monetization.
That’s
a
real
risk
here.
We
now
have
two
huge
players
in
the
space.
(Well,
one
and
a
half
if
you
consider
that
the
Harvey/LexisNexis
deal
is
an
alliance
not
a
combination.
At
least
not
yet.)
These
two
entities
will
have
considerable
market
power
and
make
in
much
harder
for
others
to
thrive
and
break
in.
So,
while
the
long-term
impact
is
not
yet
known,
there
is
reason
for
concern.


One
Final
Thought

There
is
one
silver
lining.
The
Harvey/LexisNexis
deal
is
a
little
concerning
because
it
creates
such
a
potential
advantage
on
the
firms
that
use
both
sets
of
tools,
primarily
Biglaw.
The
Clio/vLex
combination,
though,
may
offer
smaller
firms
similar
capabilities,
particularly
for
those
who
already
use
Clio.
While
the
Harvey/LexisNexis
alliance
favors
Biglaw,
the
Clio/vLex
deal
could
help
level
the
playing
field
for
smaller
firms.


What’s
Next?

Predicting
the
future
is
never
easy.
But
suffice
it
to
say
that
the
market
pressure
on
other
vendors
is
now
stronger,
especially
for
those
who
offer
products
that
only
fill
a
particular
need.
The
move
is
toward
consolidation,
capitalizing
on
the
desires
of
customers
to
have
one-stop
solutions.
That’s
probably
not
going
to
diminish
anytime
soon.


It
Had
to
Happen

These
deals
were
driven
by
the
demand
and
desire
for
one-stop
platforms
to
leverage
AI
tools.
Recognition
of
this
fact
will
no
doubt
propel
others
to
do
the
same.




Stephen
Embry
is
a
lawyer,
speaker,
blogger
and
writer.
He
publishes TechLaw
Crossroads(Opens
in
a
new
window)
,
a
blog
devoted
to
the
examination
of
the
tension
between
technology,
the
law,
and
the
practice
of
law
.

Morning Docket: 07.01.25 – Above the Law

*
Trump
administration
appeals
Perkins
Coie
loss.
[Law360]

*
Harvard
Law
School
appoints
new
dean.
[Law.com]

*
Trump
drops
lawsuit
against
pollster
that
showed
him
losing
Iowa
and
refiles
in
state
court.
[NBC
News
]

*
But
the
defendants
filed
an
objection
that
Trump’s
bid
to
drop
the
case

for
the
sole
purpose
of
getting
into
state
court
before
the
new
anti-SLAPP
law
takes
effect

was
procedurally
improper.
[Des
Moines
Register
]

*
Simpson
Thacher
names
new
practice
heads.
[American
Lawyer
]

*
Apple
suffers
antitrust
setback.
[Bloomberg
Law
News
]

*
DOGE
aiming
to
change
SPAC
rules,
which
doesn’t
seem
to
have
anything
to
do
with
cost-cutting
or
efficiency
but
would
help
rich
people
exploit
the
system
better.
[Reuters]

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


Get
Hired

Did
you
miss
the
150+
job
postings
from
previous
Roundups?
Find
them
all here.


Upcoming
Ethics
Events
&
Other
Announcements

Did
you
miss
an
announcement
from
previous
Roundups?
Find
them
all 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.



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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


Get
Hired

Did
you
miss
the
150+
job
postings
from
previous
Roundups?
Find
them
all here.


Upcoming
Ethics
Events
&
Other
Announcements

Did
you
miss
an
announcement
from
previous
Roundups?
Find
them
all 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.



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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


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Hired

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you
miss
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150+
job
postings
from
previous
Roundups?
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them
all here.


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&
Other
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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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


Get
Hired

Did
you
miss
the
150+
job
postings
from
previous
Roundups?
Find
them
all here.


Upcoming
Ethics
Events
&
Other
Announcements

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you
miss
an
announcement
from
previous
Roundups?
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them
all 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.



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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


Get
Hired

Did
you
miss
the
150+
job
postings
from
previous
Roundups?
Find
them
all here.


Upcoming
Ethics
Events
&
Other
Announcements

Did
you
miss
an
announcement
from
previous
Roundups?
Find
them
all 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.



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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


Get
Hired

Did
you
miss
the
150+
job
postings
from
previous
Roundups?
Find
them
all here.


Upcoming
Ethics
Events
&
Other
Announcements

Did
you
miss
an
announcement
from
previous
Roundups?
Find
them
all 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.



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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


Get
Hired

Did
you
miss
the
150+
job
postings
from
previous
Roundups?
Find
them
all here.


Upcoming
Ethics
Events
&
Other
Announcements

Did
you
miss
an
announcement
from
previous
Roundups?
Find
them
all 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.



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

Legal Ethics Roundup: Chesebro Disbarred, 40.8% Tax On Lawyers & Lit Funders, DOJ Whistleblower Calls Out Bove & More – Above the Law



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.

Happy
Monday!

It
was
a
whirlwind
of
legal
ethics
news
last
week,
so
let’s
jump
right
in.

Highlights
from
Last
Week

Top
Ten
Headlines


#1
 “DOJ
Sues
All
Federal
Judges
in
Maryland
Over
Deportation
Order.”
 From
the Washington
Post
:
“The Justice
Department
 sued
all
15
federal
district
court
judges
in
Maryland
on
Tuesday
over
an
order
that
pauses
any
deportations
under
legal
challenge
in
the
state
for
48
hours.
Legal
experts
described
the
move as
an
unprecedented
attack
on
judicial
independence,
while
government
lawyers
said
it
was
necessary
to
preserve President
Donald
Trump’s
 constitutional
authority
over
immigration.
Longtime
court
watchers
said
they
could
not
recall
another
instance
in
which
the
Justice
Department,
which
usually
represents
members
of
the
judicial
branch
in
court,
sued
the
entire
roster
of
judges
in
a
district.”

“It
is
reckless
and
irresponsible
and
yet
another
direct
frontal
assault
on
the
federal
courts
of
this
country,”
said
retired
federal
judge J.
Michael
Luttig
,
who
served
on
the U.S.
Court
of
Appeals
for
the
4th
Circuit
 from
1991
to
2006.

Read
more here (gift
link).


#2
 “Justice
Dept.
Leader
Suggested
Violating
Court
Orders,
Whistle-Blower
Says.”
 From
the New
York
Times
:
“A
senior Justice
Department
 official, Emil
Bove
III
,
told
subordinates
he
was
willing
to
ignore
court
orders
to
fulfill
the
president’s
aggressive
deportation
campaign,
according
to
a
whistle-blower
complaint
by
a
department
lawyer
who
has
since
been
fired.
The
account
by
the
dismissed
lawyer, Erez
Reuveni
,
paints
a
disturbing
portrait
of
his
final
three
weeks
on
the
front
lines
of
the
Trump
administration’s
legal
efforts
to
ship
immigrants
overseas,
often
with
little
notice
or
recourse.
In
Mr.
Reuveni’s
telling,
Mr.
Bove
discussed
disregarding
court
orders,
adding
an
expletive
for
emphasis,
and
other
top
law
enforcement
officials
showed
themselves
ready
to
stonewall
judges
or
lie
to
them
to
get
their
way.”
Read
more here (gift
link).
For
more
commentary,
head
over
to
this Substack
post
 by Brad
Wendel 
(Cornell)
where,
among
other
observations,
he
catalogs
the
eight

yes
eight-
professional
conduct
rules
implicated.
As
Brad
says:
“Don’t
take
my
word
for
it.
Read
through
the letter and,
if
you’re
a
lawyer,
ask
yourself
what
you
would
have
done.”



#3
 “Lawyer
Who
Pushed
Bogus
Trump
Elector
Scheme
Is
Disbarred
in
New
York.”
 From
the New
York
Times
:
Kenneth
Chesebro
,
a
lawyer
who
helped
spearhead
a
brazen
legal
effort
to
use
phony
slates
of
pro-Trump
electors
to
overturn
the
2020
presidential
election,
was
disbarred
in
New
York
on
Thursday,
cementing
an
indefinite
ban
issued
last
year.
The
decision
by
a
New
York
State
appellate
court
concluded
a
strange
legal
journey
for
a
Harvard-educated
lawyer
who
worked
for
former Vice
President
Al
Gore
 during
the
2000
presidential
election
recount
in
Florida
and
later
evolved
into
a
supporter
of
President
Trump.
In
seven-page
opinion
,
the
court
cited
a
criminal
racketeering
case
centered
on
the
fake
electors
in
Georgia,
where
in
2023
Mr.
Chesebro
pleaded
guilty.

The
New
York
court
said
Thursday
that
Mr.
Chesebro’s
“criminal
conduct

conspiracy
to
commit
filing
false
documents

is
unquestionably
serious”
and
that
he
had
undercut
“the
very
notion
of
our
constitutional
democracy
that
he,
as
an
attorney,
swore
an
oath
to
uphold.”

Read
more here.


#4
 “Lawyers
Market
Big
#MeToo
Verdicts,
but
Their
Clients
Struggle
to
Collect.”
 From
the Wall
Street
Journal
:
“The
cases
reveal
an
unpleasant
reality
about
#MeToo
verdicts
and
other
civil
judgments:
Winning
is
hard
enough,
but
collecting
can
be
even
harder.

Plaintiffs,
on
top
of
what
they
pay
lawyers
handling
their
lawsuits,
must
pay
for
time
spent
by
the
judgment
enforcers,
or
give
them
a
cut
of
any
amounts
collected.
The
plaintiffs
have
to
cover
some
costs
upfront,
so
they
sometimes
turn
to
firms
that
finance
such
work.
Those
specialty
funders
often
take
a
first
cut
of
any
recoveries.”
Read
more here (gift
link).


#5
 “A
Fourth
Judge
Has
Blocked
a
Trump
Executive
Order
Targeting
Elite
Law
Firms.”
 From NPR:
“A
federal
judge
has
struck
down
President
Trump’s
executive
order
targeting
the
law
firm Susman
Godfrey
,
delivering
the
latest
in
a
series
of
legal
wins
for
firms
that
have
challenged
the
president’s
punitive
campaign
against
Big
Law.
The
ruling
Friday
from U.S.
District
Judge
Loren
AliKhan
 marks
the
fourth
time
out
of
four
that
a
federal
judge
has
permanently
blocked
one
of
Trump’s
executive
orders
seeking
to
punish
an
elite
law
firm.”
Read
more here.



#6
 “Former
Supreme
Court
Justice
Kennedy
Says
‘Democracy
is
at
Risk’.”
 From Politico:
“Former Supreme
Court
 Justice
Anthony
Kennedy
 warned
Thursday
that
acrimonious
political
discourse
and
threats
to
judges
are
eroding
the
ability
of
the
United
States
to
serve
as
an
example
of
democracy
worldwide.
‘Many
in
the
rest
of
the
world
look
to
the
United
States
to
see
what
democracy
is,
to
see
what
democracy
ought
to
be,’
Kennedy
said
during
an
online
forum
about
threats
to
the
rule
of
law.
‘If
they
see
a
hostile,
fractious
discourse,
if
they
see
a
discourse
that
uses
identity
politics
rather
than
to
talk
about
issues,
democracy
is
at
risk.
Freedom
is
at
risk.’”
Read
more here.


#7
 “Litigation
Funders
And
Lawyers
Face
40.8%
Tax
In
One,
Big,
Beautiful
Bill.”
 From Forbes:
“The
litigation
funding
industry—and
many
lawyers
and
law
firms—are
worried
about
a
provision
inserted
in
the
pending
tax
bill. Senator
Thom
Tillis
 (R-N.C.)
introduced
the
Tackling
Predatory
Litigation
Funding
Act
in
the
Senate,
you
can
read
the
text here.
A
companion
bill
was
introduced
in
the
House
by Kevin
Hern
 (R-Okla.).
The
litigation
funding
tax
was
not
in
the
House-passed
One,
Big,
Beautiful
Bill
Act,
but
the
Senate’s
reconciliation
bill
includes
it.
Its
ostensible
goal
as
described
by
Tillis
when
he
introduced
it
is
to
prevent
foreign
influence
in
the
U.S.
court
system
and
stem
frivolous
lawsuits.
Some
insurers
and
trade
groups
support
it,
you
can
see
a
list here.
Investors
(both
foreign
and
domestic)
often
help
fund
lawsuits,
and
the
U.S.
is
full
of
lawsuits.
But
given
the
elephant
gun
approach
of
the
proposed
new
tax,
domestic
funders
are
equally
worried,
as
are
lawyers
and
law
firms.”
Read
more here.


#8
 “Florida
Judge
Sided
with
Trump
While
Advocating
for
Nomination.”
 From Bloomberg
Law
:
“A
Florida
state
judge
was
angling
for
a
federal
judicial
nomination
from Donald
Trump
 when
he
sided
with
the
president
in
a
defamation
case
before
his
court. Ed
Artau
,
who’s
now
under
consideration
for
South
Florida’s
US
trial
court,
met
with
the
White
House
roughly
two
weeks
after
he
wrote
his
February
concurring
opinion
allowing
Trump’s
defamation
suit
against
the
Pulitzer
Prize
Board
to
proceed,
according
to
his Senate
Judiciary
Questionnaire
 made
public
by Accountable.US,
a
progressive
watchdog
group.
The
disclosure
was
first
reported
Friday
by Politico.
The
timing
of
Trump’s
announcement
that
he’d
tapped
Artau
for
the
federal
bench
soon
after
the
judge’s
decision
in
the
case
raised
concerns
about
his
impartiality
in
the
defamation
case
and
the
process
by
which
he
was
chosen.”
Read
more here.


#9
 “The
Future
is
Now:
Why
Trial
Lawyers
and
Judges
Should
Embrace
Generative
AI
Now
and
How
to
Do
It
Safely
and
Productively.”
 From JD
Supra
:
“The
unprecedented
rapid
advancement
of
generative
artificial
intelligence
(AI)
worldwide
presents
the
legal
profession
with
a
pivotal
opportunity
for
transformation.
The
legal
system
is
deeply
rooted
in
tradition,
precedent,
and
established
practices,
which
is
good;
however,
this
does
not
mean
we
should
avoid
technology.
The
legal
practice
must
be
open
to
change
and
embrace
AI,
just
as
it
did
with
computers
and
online
communications.
We
can
keep
our
traditions
of
ethics,
justice,
and
precedent,
but
also
utilize
generative
AI
to
make
our
practices
more
efficient,
consistent,
and
responsive
to
the
demands
of
the
modern
world.”
Read
more here.


#10
 “Maine’s
Highest-Ranking
Justices
Will
Not
Weigh
Complaints
Against
Peers.”
 From
the Portland
Press
Herald
:
“According
to
new
rules,
ethics
complaints
against
members
of
the Maine
Supreme
Judicial
Court 
instead
will
be
heard
by
a
panel
of
lower
court
judges.”
Read
more here.


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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