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Questions tagged [professional-ethics]

The tag has no usage guidance.

3
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1answer
25 views

Do threats against an attorney constitue a conflict of interest?

When an attorney is considering handling a case, and receives off-the-record threats against his(/her) life, property, family, professional future, etc., is it ethical for the attorney to simply tell ...
1
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2answers
60 views

At what point is a lawyer's actions considered “bad faith” and is there recourse for punishment?

I have been dealing with a lawyer for a payment dispute with an old employer. The lawyer in question has been doing some questionable things and I am not sure which ones would be considered 'over the ...
0
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3answers
59 views

Must a professional services firm replace a worker at the client's request?

If a taxpayer has particularly bad "personal chemistry" with an auditor of the Internal Revenue Service (IRS), the IRS will replace the "agent" with another one. Now one can't make this request ...
-1
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1answer
78 views

What if a lawyer steals my idea and doesn't do the work?

I'm working on a tech startup that involves a specific industry. Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
1
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1answer
117 views

In the US: Would it be illegal (maybe fraud) for a musician to fake their own death?

I heard about someone who had to do with recording a Jerry Garcia solo album but he died right before it came out and this guy made TONS of money off of it. The Beatles also got a lot of attention ...
1
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2answers
65 views

How do rules of conduct apply when acting in a pro hac vice role in another state?

A lawyer's client sent me a mild threat via text message. I have contacted the attorney on 4 separate occasions requesting an explanation/response from the attorney. They have not responded. Are there ...
0
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2answers
61 views

a non-law firm almost all whose work is by its in-house lawyers

In the United States, a law firm (companies whose remit is to practice law) has various restrictions. For example, in Missouri, if I'm not mistaken, it must be owned by a lawyer and is restricted as ...
0
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0answers
29 views

In California, are online blood testing sites legal?

In California, state law says blood tests may only be requested by a doctor, not the consumer. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=1288.&...
2
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1answer
93 views

Are Michael Cohen's False Statements About the Law Grounds for Disbarrment?

A recent NPR article revealed that in making a threat of a lawsuit, Michael Cohen materially misrepresented the law in claiming that one cannot rape their spouse. This strikes me, as a layperson, as ...
2
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1answer
48 views

What did Learned Hand mean by 'whether the best mood or habit is not that' and 'all specific choices may be momentous'?

Source: The Betrayed Profession (1994), p. 238 Middle.   Judge Learned Hand was certainly right when he evoked the commandment "Thou shalt not ration justice"; but it is not quite that easy. ...
1
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2answers
35 views

Why would corporate house counsel be limited by unsupervised discovery?

Source: The Betrayed Profession (1994), p. 11 Middle.  Indeed, even today we have significant areas of law where lawyers must pledge not to do what their clients would wish them to do. Judges ...
6
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1answer
213 views

What did Flybe actually do wrong?

Read an article recently regarding FlyBe, and their attempt to find out (from a list of unknown user data) who wanted to be contacted in the future with promotions, etc. They sent an email to this ...
1
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1answer
76 views

Consulting with two attorneys regarding the same matter

If I have retained attorney A and wish to get a second opinion from attorney B, am I obliged to inform attorney A about B, or vice versa? If I do inform B about A, is B permitted or obliged to contact ...
23
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3answers
10k views

Judge Judy specific retaliation: technically ethical?

In this clip, Judge Judy Sheindlin directs a defendant to “talk fast.” He responds with, “If you wouldn’t cut me off, I’d be able to talk fast.” Judge Judy, out of disbelief or humor, asks the bailiff ...
1
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0answers
58 views

What constitutes gross misconduct for teachers in the UK?

I recently heard of a story where an employee at a primary school in England was put on paid suspension. The reason given for this suspension was that she attended a peaceful demonstration against ...
1
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1answer
41 views

Can federal prosecutors go against the Justice Department's interpretation of the law?

Suppose that the U.S. Department of Justice (DOJ) has a belief or opinion about what the proper interpretation of a certain statute or Constitutional provision is, and that they have formalized their ...
1
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1answer
48 views

Is it unethical for a prosecutor not to try his hardest to get an indictment?

A Grand Jury failed to indict Darren Wilson, the police officer who shot Michael Brown, which led to riots in Ferguson, MO. This my have been due in part to the fact that the prosecutor presented the ...
2
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1answer
98 views

Are there limits on unreasonable claims by an attorney?

Attorneys often write letters to third parties, in order to get something for their client. E.g. if A trespasses against B, B's attorney may write a letter to A stating that the trespass must be ...
4
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1answer
124 views

Is it ethical for an attorney to drag his/her feet with clients that aren't creating much financial benefit?

I'm trying to tie up the last loose end from my dissolution. My ex's attorney, who I contacted a week ago, told me she's so busy that she does not intend to contact my ex until her bigger cases are ...
2
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1answer
115 views

What type of lawyer would I need to help me deal with issues of academic misconduct?

What can stop a university from doing whatever they want and screwing students over in terms of accusing them of cheating, plagiarism, or a misunderstanding of professor authorization of essay re-...
0
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1answer
210 views

How can I find out who an attorney represented in a case?

I think an attorney may have represented two opponents at the same time. What are the legal requirements on attorneys and is there a way to find out who their client was? I believe my divorce ...
0
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1answer
263 views

If a barrister cannot convince his client to act on his advice, should not the lawyer still effect and respect the client's instructions?

Source: p 33-34, The Art of the Advocate (1993) by Richard Du Cann QC. Please advise me how I can abridge the quote below to reduce this post's length. The Legal Aid and Advice Act has made ...
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2answers
298 views

What is Justice? [closed]

A blindfolded woman holding out an equal-arm scale commonly illustrates Lady Justice. However, this is merely a characterization Justice. In Book I of Plato’s Republic, Thrasymachus claims that “the ...