Legal Ethics in the News - NYC Bar Association

Legal Ethics in the News - NYC Bar Association

By Legal Ethics in the News - NYC Bar AssociationEducation
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Legal Ethics in the News - NYC Bar Association episodes

  • Prosecutorial Discipline, Government Transparency & the 1st Am. Can Lawyers Crowdfund Legal Fees?
    Stephen Gillers and Barbara S. Gillers give an update on Civil Rights Corps v. Pestana, pending in the Southern District of New York. The case (previously discussed in podcast #9) raises issues not only of the apparent lack of discipline for prosecutorial misconduct, but also government transparency and the First Amendment. Then they discuss when and how lawyers can post on crowdfunding sites to raise money for their client's legal fees.
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    28 min
  • Law Profs' Suit Targets Secrecy in Discipline Cases Against Prosecutors; Recusal in the Maxwell Case
    Stephen Gillers and Barbara S. Gillers discuss the apparent failure of disciplinary committees in New York and elsewhere to discipline prosecutors even after judges have criticized them. They then discuss whether Judge Alison Nathan of the Southern District of New York should be recused from presiding over the Ghislaine Maxwell trial because Senator Chuck Schumer has announced that he is recommending her appointment to the Second Circuit.
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    37 min
  • When is It Ethical to Impede a Trial’s Search for Truth? And the “One-Share” Judicial Recusal Rule
    Stephen Gillers and Barbara Gillers analyze what lawyers can and cannot ethically do at trial to interfere with the search for truth. They then discuss the wisdom of the rule that requires a judge's recusal if he or she and certain family members own even a single share of stock in a party.
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    Join Professor Stephen Gillers for an October 17 Ethics CLE - see https://www.nycbar.org/cle
    34 min
  • Privilege Issues in Upcoming Trial of Elizabeth Holmes; & a $37MM Reversal over a Lawyer’s Summation
    Stephen Gillers and Barbara Gillers discuss privilege Issues that may arise in the Upcoming Trial of Theranos Founder Elizabeth Holmes. They then review lessons learned from the recent reversal of a $37 million jury verdict because of the plaintiff's lawyers improper summation. They also follow up briefly on the Florida Supreme Court CLE ruling they previously covered.
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    41 min
  • Giuliani's Suspension, and 10 Reasons Lawyers Mess Up
    Stephen Gillers and Barbara Gillers discuss the recent decision by the New York State Supreme Court's Appellate Division, First Department, to suspend Rudolph Giuliani's law license on an interim basis pending the outcome of disciplinary proceedings against him. They then discuss 10 reasons lawyers get into trouble.
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    34 min
  • CLE and Diversity in Florida; Brady: Law and Ethics; and Conflicts of Former Government Lawyers
    Stephen Gillers and Barbara Gillers discuss a Florida Supreme Court ruling that no Florida lawyer could get CLE credit if the CLE sponsor "uses quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation in the selection of course faculty or participants." They then discuss the obligation of prosecutors to reveal exculpatory information under Brady v. Maryland and rule 3.8. Last, they explain conflict rules for former government lawyers.
    32 min
  • Litigation Financing and the Former-Client Conflict Rule
    Stephen Gillers and Barbara S. Gillers discuss Litigation Financing, also known as Litigation Funding, an umbrella term to describe situations in which a person or organization invests in the claim of another person or organization. They then discuss Rule 1.9(a), a conflict rule that describes duties to former clients.
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    37 min
  • Remote Practice and Harassment & Discrimination in Law Practice
    Stephen Gillers and Barbara S. Gillers discuss rules governing the practice of law from a jurisdiction in which a lawyer is not admitted, an issue that's been discussed since before the pandemic but which is especially timely now. They then turn to a question the New York courts are now considering: Should New York have an ethics rule forbidding discrimination and harassment in law practice? And if so, what should it say?
    Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.
    Find a list of resources at https://www.nycbar.org/media-listing/media/detail/remote-practice-and-harassment-and-discrimination-in-law-practice
    27 min

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Legal ethics experts Stephen Gillers and Barbara S. Gillers discuss legal ethics issues making headlines in the legal or mainstream media.