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Legal Ethics: In-House Counsel and Sex with the Corporate “Client”

On July 21, 2021, the Supreme Court of Virginia rejected without comment a proposed amendment to Rule 1.8, which governs “prohibited transactions.” Specifically, Rule 1.8(k), as proposed, would have provided that: “A lawyer...more

Fairness in the Adversary Process (Part Two): Lawyers and False Statements of Law to the Court

Can we all agree that it is unfair to provide intentionally a judge with the wrong legal authority? Indeed, the Virginia Rules of Professional Conduct mandate that a “lawyer shall not knowingly . . . make a false statement of...more

Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more

Communicating with Other Lawyers and Third Parties: Ensuring Respect and Civility

I spoke recently on a national teleconference on the topic of “Attorney Professionalism: Translating Philosophy into Daily Practice.” My comments addressed the unremarkable proposition that legal incivility among lawyers is...more

Survey of Discipline of Practitioners by the USPTO in 2018

Practitioners before the United States Patent & Trademark Office (USPTO) must comply with the USPTO Rules of Professional Conduct, 37 C.F.R. §§ 11.10, et seq. Within the USPTO, the Office of Enrollment and Discipline is...more

Reporting Pro Bono Service by Virginia Lawyers

Pro bono publico or “for the public good” is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional community service or volunteerism, pro bono service uses the specific skills of...more

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