Category Archives: Law: Practice

Accountability, Just Maybe

65 project logoOne more item like this and I’m going to declare a trend.

According to Axios, a bunch of Democrats are planning to play ethics offense against lawyers who signed complaints or phony electoral returns in the meritless attempt to overturn the last election.  They’ve created the “65 project“, so named because the courts kicked all 65 lawsuits filed on Trump’s behalf unceremoniously to the curb.

The 65 Project is targeting 111 attorneys in 26 states who were involved to some degree in efforts to challenge or reverse 2020 election results. They include lawyers at large national law firms with many partners and clients and lawyers at smaller, regional firms.

  • It will air ads in battleground states, including Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.
  • It also will push the ABA and every state bar association to codify rules barring certain election challenges and adopt model language stating that “fraudulent and malicious lawsuits to overturn legitimate election results violate the ethical duties lawyers must abide by.”
  • It plans to spend about $2.5 million in its first year and will operate through an existing nonprofit called Law Works.

[David] Brock [, founder of Media Matters for America] told Axios in an interview that the idea is to “not only bring the grievances in the bar complaints, but shame them and make them toxic in their communities and in their firms.”

And, indeed, the 65 project filled its first wave of ethics complaint yesterday, against Jenna Ellis, Joseph doGenova and seven others.

Posted in 1/6, Law: Practice | Comments Off on Accountability, Just Maybe

Broweird Indeed

Broward Judge Corey Amanda Cawthon (lower left) holds court over Zoom. No bathing suits in sight. (Image provided by Florida Supreme Court.)

It seems that Broward Circuit Judge Dennis Bailey has felt a need to admonish local counsel:

One comment that needs sharing and that is the judges would appreciate it if the lawyers and their clients keep in mind these Zoom hearings are just that: hearings. They are not casual phone conversations. It is remarkable how many ATTORNEYS appear inappropriately on camera. We’ve seen many lawyers in casual shirts and blouses, with no concern for ill-grooming, in bedrooms with the master bed in the background, etc. One male lawyer appeared shirtless and one female attorney appeared still in bed, still under the covers. And putting on a beach cover-up won’t cover up you’re poolside in a bathing suit. So, please, if you don’t mind, let’s treat court hearings as court hearings, whether Zooming or not.

It’s stuff like this that makes lawyers here in Miami-Dade County, which is just south of Broward but in a distant zeitgeist, a bit smug. (And yes, I still wear a bow tie for Zoom classes. And pants.)

Posted in Law: Practice | Comments Off on Broweird Indeed

If You Read One Thing Today

…make it Getting Out (the print title; online it’s the much wordier, “Could an Ex-Convict Become an Attorney? I Intended to Find Out”) by poet, father, Yale Law grad (and ex-con), Reginald Dwayne Betts.

Posted in Law: Practice, Readings | Comments Off on If You Read One Thing Today

This Could Happen to You

…if you are a litigator taking a deposition (dramatization via NYT, ‘Verbatim: What Is a Photocopier?’).

Posted in Law: Practice | Comments Off on This Could Happen to You

Naming Files

Just modified my writing tips for students to add “A Few Words About File Names”:

Most of our students will spend at least some part of their careers working in large organizations where they share electronic documents. Students should get in the habit of giving their documents good file names. Thus “paper draft” is always bad — imagine if everyone calls their documents that!

Some organizations have naming conventions, but if not, be sure the file name has three things: your surname (if the primary author, so you get the credit), something substantive (not “paper” or “motion” but “Jones-dismiss-motion” or whatever), and a version number. You usually do not need a date, the software will do that automatically. For papers it’s probably a good idea to put your surname first, then a summary form of the paper title, as that way over the course of time all your submissions to your professor will be grouped together and easy to find.

It is good a habit to avoid spaces in file names (use – or _) so that files translate well to UNIX systems if they ever touch one. Do not use any other odd non-alphanumeric characters as it can mess up some older file systems.

All fairly obvious, but you would be amazed how many files I get from students called “paper”.

Posted in Law: Practice, Writings | Comments Off on Naming Files

Slides from Toronto Big Data Talk

This morning I presented a short talk on the tensions between Big Data and privacy at the University of Toronto’s conference on The Future Frontiers of Online Privacy.

Here, in case you care–and for the record–are my slides from the talk entitled Big Data / Privacy: Pick One?

P.S. My phone said it was 17° (-8°C) this morning when I walked over. I believe it.

Posted in Law: Practice, Talks & Conferences | Comments Off on Slides from Toronto Big Data Talk