Peter Mierzwa’s Post

Please join us for the third annual Complex Litigation Ethics Conference. This MCLE program will be held in-person on October 17-18, 2024 at UC Law in San Francisco. Hear from luminaries in the field—judges, scholars, lawyers, and others—to discuss important topics for our justice system. The program will include a special presentation of Awards for Excellence in Ethics in Complex Litigation. Register here: https://lnkd.in/etfWsAsM #multidistrictlitigation #classaction #classactions

Is there any other profession other than legal where members must pass a paywall to access the law that governs? Welcome to the #legalprofession where the American Bar Association gatekeeps ethics opinions that the courts frequently consult in assessing legal malpractice and ethics violations. To access older ABA opinions, lawyers must join the ABA or pay for Westlaw or Lexis. I get that the ABA devotes significant resources to these opinions. Fair enough. But then why are these opinions entitled to any more deference than, for example, my blog posts analyzing ethics compliance? By the way, the Maryland Bar paywalled ethics opinions too but after I wrote multiple letters, MSBA changed its practices and now Maryland lawyers can consult our ethics rules free of charge. Maybe it’s time to persuade the ABA to do the same.

Carolyn Elefant points out, correctly, the folly of the ABA charging non-members of access to ethics opinions. Many wonder why the ABA (which operates as a quasi-governmental organization when it establishes ethics rules) would establish such a policy. https://lnkd.in/e6DtmhkB Understanding why there is a problem is often the first step toward solving it, so I note the most likely cause: The ABA spends a lot of money to support ethics component activities. In this particular bureaucracy those in charge of ethics functions benefit by being able to say they are self-supporting to the extent possible. One possibility here: Help the leaders of the ethics section (and those above them in the ABA bureaucracy) realize that the negative effects of charging non-members more than outweigh the value of what they make through these fees. The bad publicity tarnishes the organization, making membership less attractive to many. Emphasizing the risk of losing even more members is probably the right pressure point, since as of 2018 membership was down to a quarter of the bar, compared with 50% at its peak. https://lnkd.in/ePCQguFz

Save the date for the second annual Complex Litigation Ethics Conference. This MCLE program will be held in-person on October 27-28, 2023 at UC Law in San Francisco. Join luminaries in the field—judges, scholars, lawyers, and others—to discuss important topics for our justice system. The program will include a special presentation of Awards for Excellence in Ethics in Complex Litigation. #multidistrictlitigation #classaction #classactions

Get up to speed on this very timely issue and earn CLE while you do. Our three experts are nationally recognized and represent a range of legal ideologies.

Just wrapped up my first class of professional responsibility, and I'm already eager to delve deeper into the ethical framework of legal practice. How do you prioritize ethical considerations in your work? Taking this class has me thinking critically about the role of ethics in law. #LawSchool #ProfessionalResponsibility #ethics

📚Lawyer Ethics and Email CLE is May 22nd 11 am to 12 pm! This program will discuss the important ethical issues that arise when email is used in law practice, including issues related to confidentiality, metadata, and attorney-client privilege. 1.0 Ethics credit Register here: https://ow.ly/B8Rn50RyROj

Did you miss one of our live webinars on legal ethics? We have the past programs available on our website. https://lnkd.in/gy7WcAQN #CLE #legalethics #ethicsCLE #lawyes #attorneys #judges

JUST IN: Lawyers are calling for ethics reform to protect the integrity of the legal profession amidst election-fraud claims and the Capitol riot. According to a recent survey, 65% of respondents believe that the ABA Model Rules of Professional Conduct should be revised to address integrity concerns. Additionally, 41% highlighted the need for revisions in the client-lawyer relationship rules. California lawmakers have also passed Senate Bill 40, mandating lawyers to report suspicions of seditious conspiracy, treason, rebellion, or insurrection. These developments highlight the growing importance of ethics in the legal community. #LegalEthics #EthicsReform #IntegrityMatters To learn more and read the complete story, click on this link. https://lnkd.in/gZhFRGVB