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Professional Responsibility of Lawyers

Ethics CLE Teleforum -- 2016: Recent Developments Impacting the Ethical Practice of Law

Professional Responsibility & Legal Education Practice Group Teleforum Thursday, September 15, 01:55 PMFederalist Society Teleforum Conference Call

The Federalist Society offers a unique opportunity to acquire one hour’s worth of ethics CLE credit.

Our panel of three experts in legal and judicial ethics will discuss several recent cases and regulatory developments in the field, with an eye to translating these developments into practical wisdom about their likely impact on law practice in 2016 and beyond.

Topics will include the American Bar Association's move to expand the scope of the regulation of race, gender and other harassment and discrimination into the practice of law generally, including law firm management; amendments to the rules of discovery to help reduce the gamesmanship now often infecting the process; the extent to which the Supreme Court's decision in the North Carolina Dentists case may foreshadow limitations on the ability of states to regulate the practice of law without running afoul of the antitrust laws; whether competent legal advice must include a business advice component in certain settings; and how the use of social media to complain about a sitting judge can cross the line into unethical conduct.

Featuring:

  • Prof. W. William Hodes, Professor Emeritus of Law, Indiana University & President, The William Hodes Professional Corporation
  • Prof. Thomas D. Morgan, Oppenheim Professor Emeritus of Antitrust and Trade Regulation Law, George Washington University Law School
  • Prof. Ronald Rotunda, Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University Dale E. Fowler School of Law

Changing the Rules of Discovery

Litigation Practice Group Teleforum Thursday, August 18, 12:00 PMFederalist Society Teleforum Conference Call

A “requester pays” amendment to the Federal Rules of Civil Procedure (FRCP) would require that those seeking discovery pay for its costs, moving federal civil litigation away from the current “American rule” that requires all parties to bear their own litigation expenses, including the costs of responding to discovery requests. Supporters of “requester pays” argue that discovery requests can be so broad and costs can be so high that they become a disincentive to defend. Opponents claim that the amendment would make legal proceedings even more expensive for individual litigants, who would be unable to pay for the discovery necessary to make a case against larger and more powerful defendants. Here to discuss this idea are Alex Dahl of Brownstein Hyatt Farber Schreck LLP and Professor Benjamin Spencer of UVA School of Law.

Featuring:

  • Prof. A. Benjamin Spencer, Earle K. Shawe Professor of Law, University of Virginia School of Law
  • Alexander R, Dahl, Shareholder, Brownstein Hyatt Farber Schreck 

Life on the Bench - Event Audio/Video

2015 National Lawyers Convention
Brett M. Kavanaugh, Alex Kozinski, Diarmuid F. O'Scannlain, Jerry E. Smith, David Stras, David B. Sentelle, Dean A. Reuter November 19, 2015

Many attorneys see a judgeship as the pinnacle of professional achievement in the legal world. It could be the visibility of judges, their unquestioned decision-making authority, the absence of clients, life tenure, or some other aspect of being a judge. Our panel of judges will discuss the realities of a career on the bench. The panelists will share their thoughts on topics as diverse as the role of the judiciary, judicial philosophy, stare decisis and precedent, opinions and dissents, the judicial appointment process, the state of the legal profession, and much more.

This panel was presented at the 2015 National Lawyers Convention on Saturday, November 14, 2015, at the Mayflower Hotel in Washington, DC.

Special Session: Life on the Bench
2:30 p.m. – 4:00 p.m.
State Room

  • Hon. Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit
  • Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
  • Hon. Diarmuid F. O'Scannlain, U.S. Court of Appeals, Ninth Circuit
  • Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit
  • Hon. David Stras, Associate Justice, Supreme Court of Minnesota
  • Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

The Mayflower Hotel
Washington, DC

Prosecutors Run Amok? - Event Audio/Video

2015 National Lawyers Convention
Alex Kozinski, John G. Malcolm, George J. Terwilliger, Darpana Sheth, Keith Blackwell, John J. Park, Jr. November 19, 2015

The Supreme Court has instructed in clear terms that the duty of the Federal prosecutor in a criminal prosecution "is not that it shall win a case, but that justice shall be done." Berger v. United States, 295 U.S. 78, 88 (1935). Yet the news pages are filled with examples of Federal prosecutorial overreach. In its term just ended, the Supreme Court reversed six of seven criminal convictions that reached it, several all involving some form of over criminalization that can lead to prosecutorial overreach. And large categories of prosecutorial overreach never reach the Supreme Court, from dozens of convictions of "insider trading" by non-insiders (now found not to be a crime by the Second Circuit); to civil forfeitures of property of legitimate small businesses never charged with a crime; to multi-billion dollar settlements of the thinnest of charges with large banks, pharmaceutical companies, and individuals that cannot take any risk of a criminal conviction; to what one jurist has described as an “epidemic of Brady violations abroad in the land." 

The panel will explore whether prosecutorial overreach has become epidemic. It will also explore potential remedies ranging from reducing the number of crimes, to sentencing reform, plea bargain reform, civil forfeiture reform, and more. Finally, it will ask who should take action to control prosecutorial overreach? Should it be the state bars? Should the courts be more aggressive? Or, is the task primarily one for Congress? If so, what are the most promising avenues of reform?

Professional Responsibility: Prosecutors Run Amok?
11:00 a.m. – 12:30 p.m.
Chinese Room

  • Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
  • Mr. John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation
  • Hon. George J. Terwilliger III, Partner, McGuireWoods LLP
  • Ms. Darpana M. Sheth, Constitutional Litigator, Institute for Justice
  • Moderator: Hon. Keith R. Blackwell, Associate Justice, Supreme Court of Georgia
  • Introduction: Mr. John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP

The Mayflower Hotel
Washington, DC

The Story: A Reporter's Journey - Podcast

Practice Groups Podcast
Judith Miller, Arthur Herman July 17, 2015

In her book, The Story: A Reporter's Journey, former New York Times reporter Judith Miller describes going to jail to protect her sources in the investigation of the outing of CIA agent Valerie Plame over a decade ago. Her book catalogs new information that raises questions about the investigation. Bestselling author Arthur Herman led our discussion with the author.

  • Judith Miller, Author, Senior Fellow, Hudson Institute
  • Dr. Arthur L. Herman, Senior Fellow, Hudson Institute