Ed. note: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here.
Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics.
Hello First Monday!
I’m writing you from sunny Florida after wrapping up a board meeting. Once again I find myself wondering whether our legal ethics headlines matter given the other news of the day, this time Iran. But the past week has been packed with important news about the responsibilities of lawyers and judges, so I keep writing and I hope you keep reading.
Now for your headlines.
Highlights from Last Week – Top Ten Headlines 📰
#1 “Lawrence Fox, Longtime Drinker Biddle Partner and Legal Ethics Authority, Dies at 82.” From the Philadelphia Business Journal: “His career includes more than four decades at Drinker Biddle & Reath and teaching legal ethics at four Ivy League law schools.” Read more here.
#2 “Supreme Court Backs Restrictions on Lawyer-Defendant Trial Talks.” From Bloomberg Law: “Judges can bar criminal defendants from speaking with their lawyers about their testimony during an overnight recess without violating their right to counsel, the US Supreme Court ruled unanimously. The opinion authored Wednesday by Justice Ketanji Brown Jackson said when a defendant chooses to take the stand as a witness their ‘status shifts,’ and so does the balancing of their Sixth Amendment right to counsel. ‘He does not shed his rights as a criminal defendant,’ Jackson wrote. ‘But he does assume some of the burdens of a testifying witness.’” Read more here.
#3 “Justice Thomas Bemoans Incivility as Security Prompts Cancellation of In-Person Speech.” From The New York Times: “The justice participated remotely in a closed-door session of a legal conference, a reminder of the heightened threats facing jurists in recent years.” Read more here (gift link).
#4 “Novel-Writing Judge Steps Back From Hedge-Fund Bankruptcy as Ethical ‘Corrective’.” From The Wall Street Journal: “Chief Judge Stacey Jernigan of the Northern District of Texas agreed to recuse herself from matters involving Highland Capital Management following complaints about parallels to her fictional books.” Read more here (gift link).
#5 “From Hallucinations to Sanctions: Perils of the Use of Legal AI.” From JDSupra: “A recent decision from Suffolk County Justice Linda Kevins in Cassata v Michael Macrina Architect, P.C. serves as yet another warning to practitioners concerning the risks and ethical considerations implicated by the use of generative artificial intelligence (AI) in the legal profession, and the Court’s inclusion of a sanctions chart for AI-related errors offers a practical guide for attorneys on how to responsibly navigate the use of AI in legal submissions.” Read more here.
#6 “Michigan Federal Judge Charged With Drunken-Driving Goes on Leave.” From Reuters: “A federal judge in Michigan is taking a leave of absence pending the resolution of drunken-driving charges stemming from his October arrest … The court reform group Fix the Court separately on Tuesday said it had filed a judicial misconduct complaint against [the judge] with the 6th Circuit Court of Appeals.” Read more here.
#7 “Supreme Court Lawyer Who Moonlighted in High-Stakes Poker Is Convicted of Tax Fraud.” From The New York Times: “The lawyer Thomas C. Goldstein, who co-founded the SCOTUSblog website, hid millions in gambling income from the government, federal prosecutors said.” Read more here (gift link).
#8 “Judge Scolds Mark Zuckerberg’s Team for Wearing Meta Glasses to Social Media Trial.” From CBS News: “A California judge admonished members of Mark Zuckerberg’s team for wearing Ray Ban-Meta AI glasses, which are equipped with a camera, as they entered a Los Angeles courtroom on Wednesday for a landmark trial over the impact of social media on children. … Judge Carolyn Kuhl, who is presiding over the trial, ordered anyone in the courtroom wearing AI glasses to immediately remove them, noting that any use of facial recognition technology to identify the jurors was banned.” Read more here.
#9 “Digital Visibility Is a Professional Responsibility.” From Etienne Toussaint (South Carolina) on LinkedIn: “We tend to frame digital visibility as a personal career question. Should I be on LinkedIn? Should I update my faculty bio? Should I share my research on social media? But this framing is too narrow. Because when scholars remain invisible online, the consequences extend well beyond their individual careers. They ripple outward—through their fields, their institutions, and the communities whose lives their research is meant to improve. Here’s why digital visibility has become a professional responsibility—not just a personal preference.” Read more here. [Side note: I think this professional responsibility applies to lawyers too, not just scholars.]
#10 “Is AI the End of Lawyers, or the Beginning of Access to Justice?” From Fast Company: “For decades, a legal degree felt like a golden ticket, a safe career choice because a robot could never take a lawyer’s job. Today consumers are increasingly turning to new technologies like generative artificial intelligence for answers to their legal questions without the assistance of a lawyer. No wonder: The high cost of legal services places them beyond the reach of most Americans.” Read more here.
Recommended Reading 📖
So much great reading in legal ethics is out in the world right now. I have a stockpile of recommendations to share in the coming months. For now you get four items.
“Conditional Admission and the Hazards of Lawyer Assistance Programs Operating Without Transparency or Oversight” by Paula Schaefer (Tennessee). From the abstract:
In February 2025, the ABA adopted a new Conditional Admission Model Rule. The Rule, sponsored by the Commission on Lawyer Assistance Programs, contemplates state Lawyer Assistance Programs will have a significant role in determining the terms of a bar applicant’s conditional admission. This Article is aimed at educating states with conditional admission—and those considering it as urged by the ABA—about the hazards of a system that allows LAPs to define fitness standards, impose conditional admission terms, and operate without transparency or oversight. While the ABA’s 2025 Conditional Admission Model Rule contains several positive changes, it also creates new problems and fails to address old ones. The result is a rule that permits LAP overreach and may encourage violations of the Americans with Disabilities Act.
“Conservative Legal Advocacy Organizations And Constitutional Change In The Roberts Court” by Ann Southworth (UC Irvine). From the abstract:
The Roberts Court has overturned major precedents and transformed constitutional doctrine on a host of issues: campaign finance, voting rights, labor, religion, guns, abortion, affirmative action, business regulation, federal agency power, and more. To explain this legal revolution, scholars and journalists typically emphasize the composition of the Court. They rightly observe that the conservative movement’s laser focus on judicial appointments since the early 2000s vastly improved conservatives’ chances of prevailing in litigation. Large swaths of doctrine shifted as justices vetted through Federalist Society and Heritage Foundation networks took control of the U.S. Supreme Court, and those shifts accelerated after they won a super majority.
But understanding this transformation also requires attention to other ingredients for constitutional change through the courts, including legal advocacy organizations, patrons, and networks. This Essay focuses on the roles of conservative and libertarian legal advocacy organizations, using campaign finance as a case study. Part I describes how these organizations, along with allied party leaders, activists, and interest groups, have shared in the work of making constitutional law. Part II examines how conservative legal advocacy organizations have contributed to the creation of First Amendment doctrine governing money in politics. Movements for civil rights and civil liberties provided the model and some of the tools. The Essay is primarily descriptive, but it raises some normative questions, too.
“Is the Legal Profession a Constitutional Stepchild? Lessons from the Law Firm Executive Order Litigation” by Brad Wendel (Cornell). From the abstract:
In this essay, part of an Oklahoma Law Review symposium on the public responsibilities of private law firms, I offer some suggestions for operationalizing the right to counsel in constitutional adjudication involving threats to the independence of the legal profession.
“Optimizing the Litigation Funding Ecosystem” by Cassandra Burke Robinson (Case Western). From the abstract:
Litigation finance has become increasingly prevalent in the United States, yet its regulation remains fragmented and contested. This Article challenges the conventional wisdom that uniform federal regulation is the solution to the issues posed by litigation funding. Instead, it argues that targeted improvements to the existing legal ecosystem can enhance predictability and fairness without requiring sweeping regulatory overhaul. This Article makes three key contributions. First, it provides a comprehensive analysis of the growth and maturation of the U.S. litigation finance industry over the last decade and a half, distinguishing between commercial and consumer financing. Second, it explains why regulatory fragmentation persists, situating debates over litigation funding within the broader context of procedural advantage in civil litigation. The Article demonstrates that state-level policy variation reflects legitimate differences in judicial resources, economic conditions, and views about access to justice. Finally, the Article identifies two concrete improvements that courts and practitioners can implement using existing legal frameworks: first, courts should treat litigation funders as agents who facilitate legal representation, bringing them within the established doctrine of attorney-client privilege; and second, parties can achieve greater certainty in priority rights by taking advantage of the UCC’s existing Article 9 framework for secured transactions, thereby reducing uncertainty and decreasing dispute-related costs. These targeted enhancements can significantly improve the functioning of litigation finance while preserving state policy choices about regulation.
Legal Ethics Trivia 🧩
From the Texas Center for Legal Ethics, here’s the question of the month: “Can you correctly answer this question involving an attorney’s proposal to a client to acquire literary and media rights to a portrayal based on the representation?” Test yourself at this website where you can read a short hypothetical, select an answer, and see your results. So far, no one has gotten it right. Will you?
Legal Ethics in Pop Culture 🍿
“Sidebar: Pop Culture Court — Harry Potter, Star Trek and the Tinhatting of Originalism” From Courthouse News: “Fictional worlds can be a total dream — until the legal system turns into a nightmare. From wizarding mishaps to galactic treaties, we look at how imaginary laws mirror our own messy struggles with ethics and the Constitution.” With Lenora Ledwon (St. Thomas University), Stacey Lantagne (Suffolk), Kiersten Marcil (attorney and author of The Enlightened saga), and Fabrice Defferrard (University of Reims). Read more and listen here.
Get Hired 💼
Did you miss the 450+ job postings from previous weeks? Find them all here.
Accreditation Counsel, ABA Council of the Section of Legal Education and Admissions to the Bar — Chicago/Hybrid. From the posting: “Provides counsel and expertise to the Council of the Section of Legal Education and Admissions to the Bar. Serves in compliance role in assuring that the Section follows all US Dept of Education criteria, as well as the Section’s Standards, Rules and own Internal Operating Practices.” Salary range from $117,280 – 144,156.50. Learn more and apply here.
Associate General Counsel, Ethics Officer, Department of Justice Federal Bureau of Prisons — Washington DC. From the posting: ”The incumbent serves as the Associate General Counsel/Ethics Officer in the Ethics Branch, Office of General Counsel. The Ethics Office is responsible for administering the Bureau-wide ethics program and for implementing Bureau-wide policies on ethics issues.” Salary range $169,278 to $197,200. Learn more and apply here.
Conflicts Attorney, Wilson Sonsini — Remote. From the posting: “This role works closely with attorneys and business stakeholders to ensure timely conflicts clearance and efficient matter progression. The Conflicts Attorney will conduct daily reviews of firm conflicts reports, identify and resolve issues using sound legal judgment, and provide practical, solutions-oriented guidance consistent with professional responsibility rules and Firm policies.” Salary range $116,875 – $158,125. Learn more and apply here.
Conflicts Counsel, Baker Botts — Multiple Locations. From the posting: ”This position is responsible for reviewing conflicts reports and assisting in the identification and clearance of potential conflicts of interest primarily in connection with new business intake. The role may also include conflicts analysis relating to hiring of new lawyers and non-lawyer staff on an as-needed basis. The Conflicts Counsel provides support for Office of General Counsel in implementing risk management strategies relating to new business intake and lawyer hiring.” Salary range $148,000 – $210,000. Learn more and apply here.
Director of Litigation and Policy, Center for Ethics and the Rule of Law, University of Pennsylvania — Philadelphia. From the posting: ”CERL seeks a full-time Litigation and Policy Director to lead its nationwide initiatives in U.S. courts, supporting and advising members of Congress, executive branch officials, and actors in state and local government. This position will work in close collaboration with CERL’s Faculty Director, post-doctoral fellows, members of CERL’s Executive Board, Advisory Counsel and Faculty affiliates and Penn Carey Law students to align CERL’s litigation and policy work with strategic defense for the rule of law and Penn’s pedagogical mission.” Salary range $109,000.00 – $140,000.00. Learn more and apply here.
Ethics Attorney, State Bar of Texas — Austin. From the posting: ”Provides ethical advice to members of the State Bar of Texas with respect to the Texas Disciplinary Rules of Professional Conduct, and opinions published by the Supreme Court’s Professional Ethics Committee.” Learn more and apply here.
Legal Counsel or Senior Legal Counsel, Ethics, Campaign Legal Center — Washington DC/Hybrid. From the posting: “Central to the mission of Campaign Legal Center (‘CLC’) is the protection of the right to a government free from both the reality and appearance of improper influence and corruption. Reporting to the Ethics Director, the Legal Counsel/ Sr. Legal Counsel (LC/SLC) works on both proactive and responsive actions consistent with mission of CLC’s ethics program, including conducting legal and factual research, ethics investigations, drafting complaints, rulemaking petitions, letters, testimony and other public documents, as well as working with outside groups to advance our mission.” Salary range for Legal Counsel – $110,776 – 149,875 and for Senior Legal Counsel – $128,078 – 183,773. Learn more and apply here.
Litigation Counsel or Senior Litigation Counsel, Citizens for Responsibility and Ethics — Washington DC. From the posting: ”Citizens for Responsibility and Ethics in Washington (CREW) seeks a passionate and creative Litigation Counsel or Senior Litigation Counsel to join our legal team and help us secure our democracy and build a better Washington. This position is a unique opportunity to be on the front lines of the fight for a more ethical, accountable, and open government, while working alongside smart, dedicated and kind people.” Salary range $145,000 – 190,000. Learn more and apply here.
Supervisory Attorney Advisor (Ethics Counsel), Office of Government Ethics — Washington DC. From the posting: ”This position is located in the Ethics Law and Disclosure Division (ELDD) and will receive general direction and guidance from the Director and will be responsible for the administration of the ELDD. The ELDD is responsible for establishing liaison with all executive agencies, including the White House and the DOJ and for providing advice and counsel to agency ethics officials and the general public and analyzing, resolving, and monitoring potential conflicts of interest.” Salary range $151,661 to – $228,000. Learn more and apply here.
Upcoming Ethics Events & Other Announcements 🗓️
Did you miss an announcement from previous weeks? Find them all here.
March 25, 6-7:30PM Eastern. Book Talk Series: Lawyer 3.0: A Guide to Next-Wave Lawyering, sponsored by the Monroe H. Freedman Center for the Study of Legal Ethics and the Stein Center for Law and Ethics. Emerging technologies like artificial intelligence and quantum computing will transform all sectors of the economy, including the legal profession. But technology has dramatically impacted lawyers before. In his new book, author Ray Brescia shows how technologies of the late 19th century spurred the emergence of a new “version” of the profession, but one that was largely inaccessible to too many consumers. Today, new technologies are creating an even newer version of the profession―Lawyer 3.0―that could be more affordable and effective than the one that currently exists. Professor Brescia’s book not only describes this phenomenon but shows how lawyers cannot just survive but thrive in this new reality. Join us to hear Professor Brescia provide an overview of his book with reactions and commentary from a trio of national experts in ethics and technology:
- Ray Brescia
Author and Associate Dean for Research & Intellectual Life and the Hon. Harold R. Tyler Chair in Law & Technology, Albany Law School - Renee Knake Jefferson
Professor of Law and the Joanne and Larry Doherty Chair in Legal Ethics, and Assistant Dean Outcomes, Assessments, and Strategies, University of Houston Law Center - Caitlin (Cat) Moon
Professor of Practice, Founding Co-Director, Vanderbilt AI Law Lab (VAILL) and, Co-Director, Program on Law and Innovation (PoLI), Vanderbilt Law School - Sateesh Nori
Attorney at Law and, Chief Legal Futurist at LawDroid and Senior Research Fellow on AI and Access to Justice, New York University School of Law Center on Civil Justice
Learn more and register here.
April 22-24. American Bar Association Spring 2026 National Legal Malpractice Conference, Coral Gables. Learn more and register here.
May 27-29. ABA 51st Conference on Professional Responsibility, UCLA Meyer and Renee Luskin Conference Center, Los Angeles. Learn more here.
May 29-30. ABA 41st National Forum on Client Protection, UCLA Meyer and Renee Luskin Conference Center, Los Angeles. Learn more here.
October 15-16. Complex Litigation Ethics Conference, UC Law San Francisco. The conference is the fourth annual event addressing Complex Litigation Ethics. It will bring together luminaries in the field—judges, scholars, lawyers, and others—to discuss a cutting-edge topic that is of critical importance to our justice system. Learn more here.
December 9-11. International Legal Ethics Conference, National University of Singapore, Faculty of Law. Learn more here.
Keep in Touch 📝
- News tips? Announcements? Events? A job to post? Reading recommendations? Email legalethics@substack.com – but be sure to subscribe first, otherwise the email won’t be delivered.
- Do you have colleagues who care about legal ethics? Please share the Roundup with them. I’d love to see our community continue to grow!
The post Legal Ethics Roundup: Ethics Of AI Glasses In Court, Gambling Lawyer Guilty, SCOTUS Restricts Access to Counsel, Judge’s Novel Recusal & More appeared first on Above the Law.