Sex and Intimacy: Emotional Entanglements With Clients, Vol. 52, No. 9 RES GESTAE 33 (May 2009)

I have written about economic entanglements with clients. Lundberg, Economic Entanglements Between Lawyers and Clients, Vol. 51, No. 8 Res Gestae 36 (April 2008).  What about emotional entanglements?  Notorious Texas trial lawyer, Joe Jamail, was recently quoted in the ABA Journal as saying, “Today’s law schools teach students how not to get emotionally involved in [...]

Warning! Scam Artists At Work, Vol. 52, No. 5 RES GESTAE 21 (December 2008)

You’re not naïve enough to fall for the infamous Nigerian oil Internet fraud, are you? Of course not!  But the realities of modern law practice are such that even careful lawyers can get scammed.  The late President Ronald Reagan gave good guidance: “Trust, but verify.”  Follow along with this scary scenario: A Great New Client [...]

Divided Duty: Reporting Misconduct (Part I), Vol. 52, No. 3 RES GESTAE 29 (October 2008)

“I do perceive here a divided duty.” William Shakespeare, Othello Introduction This is the first of a two-part series on the duty of lawyers to report the serious misconduct of other lawyers—sometimes pejoratively called the “Snitch Rule.”  You know—the one that says you have a duty to report another lawyer’s serious misconduct to the Disciplinary [...]

How Unappealing: Ethics Issues In Appointed Appellate Representation, Vol. 52, No. 1 RES GESTAE 37 (July/August 2008)

Introduction Some members of the Disciplinary Commission urged me to write about a topic that arises with unsettling frequency: appellate counsel’s failure to meet basic ethical duties to their clients. This arises most often with appointed counsel, usually in direct criminal appeals.  However, appellate appointments in civil matters have become more commonplace as well since [...]