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43 votes

Judge Judy specific retaliation: technically ethical?

This wasn’t an actual court case. The show seeks people in civil disputes and pays them to have their case arbitrated by Judy instead of settled in court. (The legal term for this is Alternative ...
Shazamo Morebucks's user avatar
34 votes
Accepted

A sitting judge is claiming to represent a client against me. Should I file a bar complaint?

No, the Texas Code of Judicial Conduct permits County Judges to practice law except "in the court on which he or she serves or in any court subject to the appellate jurisdiction of the county court, ...
David Reed's user avatar
34 votes

Is a lawyer allowed to follow a client's instructions to hide evidence?

Quick answer "Is a lawyer allowed to follow a client's instructions to hide evidence?" Probably not. I discuss this in the final section of this answer. About this specific case, the Crown ...
Jen's user avatar
  • 57.4k
33 votes
Accepted

Can someone who has been disbarred act as a scribe for a disabled lawyer?

In New Mexico, where Better Call Saul is set, N.M. R. Prof'l. Cond. 16-505 prohibits an attorney from employing a suspended or disbarred attorney as a law clerk or paralegal only if there is an order ...
bdb484's user avatar
  • 60.4k
23 votes
Accepted

Judge Judy specific retaliation: technically ethical?

If this case was decided before a real judge, rather than Judge Judy, the impertinent party could be held in direct contempt of court (imposed summarily and punishable by penalties similar to a ...
ohwilleke's user avatar
  • 218k
22 votes
Accepted

Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

Video of that portion of the hearing can be found on the court's YouTube channel. It doesn't seem like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
Nate Eldredge's user avatar
17 votes

Is a lawyer allowed to follow a client's instructions to hide evidence?

The details and principles of this case seem well addressed in the answer by Jen. But I wish to address a particular point in the question which does not depend on the detailed facts of this ...
David Siegel's user avatar
14 votes
Accepted

Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?

It's happened before in real life. Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense ...
Alexanne Senger's user avatar
14 votes
Accepted

"Does not put forward a case inconsistent with the confession" of guilt

A not guilty plea is not part of the case of a defendant or a defense attorney. A "case" refers to evidence and argument made at trial (or conceivably in a pre-trial hearing). The rule in ...
ohwilleke's user avatar
  • 218k
13 votes

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

The purpose is to avoid the possibility that the solicitor will inadvertently end up providing advice to more than one side of the same dispute or transaction, putting the solicitor in a conflict of ...
ohwilleke's user avatar
  • 218k
13 votes

Is privilege often misused to mean confidential?

The terms confidential and privileged are not interchangeable, but they have closely related meanings that pertain to secrets. Both terms are, indeed, often misused when the other term would be the ...
ohwilleke's user avatar
  • 218k
12 votes

What does a lawyer do if they know for absolute certain that their client is guilty?

There is a big difference between knowing something and proving it. A lawyer who knows a client is guilty can take steps to prevent the state from proving guilt. (E.g., motion to exclude evidence, ...
user3344003's user avatar
  • 1,696
12 votes

What does a lawyer do if they know for absolute certain that their client is guilty?

If there are any historical cases where this sort of thing happened, mentioning them would be a plus. There are answers that address some other points, but there is something that should be made ...
ohwilleke's user avatar
  • 218k
12 votes
Accepted

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

This answer is an expansion on ohwilleke's answer, which explains that the reason probably involves avoiding conflicts of interest with other clients. The relevant provisions in england-and-wales are ...
JBentley's user avatar
  • 8,311
12 votes

Is it common/normal for barristers of the same chambers to represent opposing sides in a case?

As your question is concerned on English law, a clear answer is yes but is specific for English law. Barristers from the same chamber may represent opposing sides in a case. This is normal and common ...
Velma's user avatar
  • 648
10 votes

A prosecutor and a defense attorney have a romantic relationship. What consequences could happen if caught?

If the two lawyers will never be on opposing sides of a case, there's no conflict of interest and thus nobody cares. For example, two lawyers in different fields probably won't encounter a conflict. ...
Brian's user avatar
  • 1,645
10 votes
Accepted

Pleading Not Guilty when you are guilty

A "not guilty" plea is not a statement of fact, it not made under oath, and is not subject to an ethical obligation that it be supported by a belief that the client is factually innocent of ...
ohwilleke's user avatar
  • 218k
8 votes

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

You identify basically two issues. Non-Responsiveness and Failing To Meet Deadlines One is that he's taking longer than planned to get your work done, and might have abandoned you. The sad but true ...
ohwilleke's user avatar
  • 218k
8 votes
Accepted

Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?

This is not legal advice, It is not even primarily a legal opinion. It is a legal position. The lawyer, acting on behalf of the agency from which you requested information, is giving the reasons why ...
David Siegel's user avatar
7 votes

What did Flybe actually do wrong?

Given a large database of email addresses that you can't prove have given consent to receive email, the only legal thing to do with it, is to (securely) delete it. (I am going to switch your question ...
Martin Bonner supports Monica's user avatar
7 votes

Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?

In the U.S., pretty much the only circumstance in which a proceeding like the one you contemplate could occur without the criminal defendant present physically in the courtroom would be one where the ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

Can an attorney give legal advice on a federal issue to an out-of-state client?

It's a more complicated question to answer than you would think. The relevant rule of professional conduct is Rule 5.5 (which has the same numbering in every U.S. jurisdiction, but not identical ...
ohwilleke's user avatar
  • 218k
7 votes

Can a US govt lawyer become judge?

Yes. For example, immediately prior to her appointment to the Supreme Court of the United States, Justice Elena Kagan was the Solicitor General of the United States. Wikipedia notes, citing Olivia ...
Jen's user avatar
  • 57.4k
6 votes
Accepted

Does putting a dollar in a lawyer's pocket entitle you to attorney client privilege (like Saul Goodman from breaking bad)

There's no privilege. Under N.M. Evid. R. 11-503., New Mexico's attorney-client privilege protects communications that are: confidential; and made for the purpose of facilitating or providing ...
bdb484's user avatar
  • 60.4k
6 votes

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

The problem with Solution 2 is that government officials in the United States enjoy qualified immunity with respect to actions that they did while acting under color of law. It's not total immunity, ...
hszmv's user avatar
  • 23k
5 votes

What is Justice?

In the sense used in the Texas Code of Criminal Procedure this means that prosecutors should not try to convict a defendant of a crime when the prosecutor believes that the defendant is innocent, and ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

Lawyer forgot to file the paperwork and now has no case: what to do?

This is a fairly general answer, as much of the nature of what could happen depends on what the first lawyer did or didn't do, state of Missouri laws, and rules of the Missouri State Bar. The friend ...
BlueDogRanch's user avatar
  • 18.8k
5 votes

How friendly are learned friends supposed to be during court breaks?

About the same as it is for engineers, doctors, architects, hairdressers, plumbers etc. to be collegiate It’s a job. You have shared interests (at least your profession). Why wouldn’t you be friendly? ...
Dale M's user avatar
  • 211k
5 votes

How do defence lawyers get away with saying "he didn't do it" when they only can prove the uncertainty that he did?

In the case you link, this was given as an opening statement by the defense. Opening statements do not contain evidence. The defendant may or may not testify on their own behalf during the trial - ...
D M's user avatar
  • 7,168
5 votes

Would this constitute commingling of funds?

indiana Note: The sources below are for client escrow/trust accounts rather than IOLA accounts per se, but IOLA appears to be substantially similar in the sense that they represent funds that the ...
Robert Columbia's user avatar

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