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!
Welcome to February. Watching the streets of Minneapolis in recent days leaves me wondering whether what I’m writing here at the LER can make a difference in the world right now. I’m not sure, but since you’re still reading, I’ll keep publishing.
I was reminded listening to the new Bruce Springsteen ballad Streets of Minneapoliswhy law needs music. He wrote it in a day, and performed it less than a week later at a Minneapolis rally. It’s now the #1 download on iTunes in at least 19 countries. Have you listened to it yet?
Here’s a headline from The New York Times: “Springsteen Takes the Stage as Minneapolis Residents Take to the Streets.”The article begins: ”Thousands of Minneapolis residents surged into the streets again Friday, a spasm of fury at a violent immigration crackdown that has killed two of their own. It was a day of action driven by Bruce Springsteen, who made a surprise appearance at a rowdy benefit concert in the city.” Read more here (gift link).
Fifteen years ago I wrote an essay analyzing how music can empower social change in the wake of the law’s failure — When the Law Needs Music, published as part of a Fordham Urban Law Journal symposium on the music of Bob Dylan. My focus there was on a case called NAACP v. Button, where the Supreme Court held that the First Amendment protected the NAACP’s legal assistance to individuals for the enforcement of constitutional and civil rights. The decision was a victory for the NAACP, yet success in the courtroom did not translate entirely to success on the ground. Indeed, in the same year, NAACP Mississippi Field Secretary Medgar Evers was assassinated, and the Birmingham Sixteenth Street Baptist Church was bombed. These events serve as reminders of law’s inadequacies, in that the constitutional protection of legal services in the Button case did little to stop the needless loss of life and violence that was characteristic of racial desegregation efforts. Music of the 1960s captured struggles when the law proved impotent. Springsteen’s Streets of Minneapolis is meeting the moment today.
Now for your headlines.
Highlights from Last Week – Top Ten Headlines 📰
#1 “US Justice Department’s Misconduct Complaint Against Judge Boasberg Gets Tossed.” From Reuters: “A federal appeals court judge has dismissed a judicial misconduct complaint by U.S. Justice Department against a judge who clashed with President Donald Trump’s administration over its move to deport several Venezuelans to El Salvador. U.S. Attorney General Pam Bondi took the rare step in July of announcing the complaint against Chief U.S. District Judge James Boasberg in Washington, D.C., alleging he made improper comments about Trump during a meeting of the judiciary’s policymaking body, the Judicial Conference.” Read more here.
#2 “Ethics Watch: Fantasy Football OK for New York Judge.” From Wisconsin Bar Inside Track Weekly: “Judges face critical scrutiny to maintain their reputation for impartiality, a challenge so all-encompassing that a New York judge asked for an opinion if it was OK to participate in an online fantasy football league. In New York Judicial Advisory Opinion 25-122, the New York Advisory Committee on Judicial Ethics considered fantasy football with lawyer friends acceptable as long as the lawyers playing in the league remain no more than acquaintances – and the judge stays impartial.” Read more here.
#3 “As AI-Generated Fake Content Mars Legal Cases, States Want Guardrails.” From Stateline: “As more false quotes, fake court cases and incorrect information appear in legal documents generated by AI, state bar associations, state court systems and national law organizations are issuing guidance on its use in the legal field. A handful of states are considering or enacting legislation to address the issue, and many courts and professional associations are focused on education for attorneys.” Read more here.
#4 “As Lawyer Rates Surge, US Firm Charges $4,000 an Hour for Top Partners.” From Reuters: “The topmost hourly billing rates at U.S. law firm Susman Godfrey have reached $4,000 an hour for 2026, surpassing already sky-high fees charged by the priciest lawyers last year. Susman partner Neal Mannesaid the new rates apply to him and fellow litigator Bill Carmody.” Read more here.
#5 “Florida Bar Will Not Reprimand Matt Gaetz for Alleged Sexual Misbehavior.” From the Orlando Sentinel: “Matt Gaetz, who faced allegations of sexual misconduct and illegal drug use, can continue practicing law after the Florida Bar decided last week.” Read more here.
#6 “Lawsuit Against Northwestern Law Alleging Anti-White Discrimination Dismissed.” From the ABA Journal: “A federal judge has dismissed a lawsuit alleging Northwestern University Pritzker School of Law discriminates against white men in faculty hiring, Reuters reports. The suit was brought by a nonprofit organization called Faculty, Alumni and Students Opposed to Racial Preferences, represented by prominent conservative attorney Jonathan Mitchell and by America First Legal, co-founded by Donald Trump adviser Stephen Miller, the story states. Filed in July 2024, the suit alleged the law school did not consider hiring white male faculty candidates with ‘stellar credentials’ and instead hired ‘mediocre’ candidates from diverse racial and gender backgrounds, according to Reuters. The decision by U.S. District Judge Sara Ellis to dismiss the suit last week follows other unsuccessful moves by conservative legal groups targeting law schools, including discrimination cases against the Harvard Law Review in 2018 and the NYU Law Review in 2023, the story says. In addition, Faculty, Alumni and Students Opposed to Racial Preferences voluntarily dismissed a suit against the Michigan Law Review for discrimination in October.” Read more here.
#7 “Legal Tech Leaders Join Other Legal Professionals In Open Letter Supporting the Rule of Law.” From Lawsites: “A number of leaders from the legal technology community are joining other legal professionals in an open letter supporting the rule of law. ‘Lawyers, judges, and government officials all take an oath to support and defend the constitution,’ the letter says. ‘We write at a moment when constitutional rights and legal norms, long considered stable, are being challenged. Today, our profession must speak clearly and firmly.’” Read more here.
#8 “Florida Bar Appeals Discipline Report for Lawyer Who Sued Gov. DeSantis.” From the ABA Journal: “The Florida Bar will appeal a judge’s disciplinary report in the case of an attorney who filed a lawsuit against Florida Gov. Ron DeSantis. Last month, the judge overseeing the discipline case recommended that Florida lawyer Daniel Uhlfelder be admonished by the Florida Supreme Court, the most lenient form of discipline that he could receive, according to a story by the Tampa Bay Times.” Read more here.
#9 “Special Masters and Silent Battles: The Ethics of Settlement Allocations.” From Law.com: “Among the most underestimated risks in modern plaintiff practice is allocating settlement proceeds among multiple clients.” Read more here.
#10 “Interest in Law School Is Surging. A.I. Makes the Payoff Less Certain.” From The New York Times: “The number of applicants has risen more than 40 percent over the last two years, despite new limits on student loans and uncertainty over how artificial intelligence will affect legal work.” Read more here (gift link).
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 three law review articles.
“Renewing Our Vows: The Lawyer’s Oath and Our Pledge to Democracy” by Colin Black (Suffolk). From the abstract:
For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles embedded in the oath. This article critically examines the historical development of the lawyer’s oath and argues for its modernization to better reflect the ethical challenges of contemporary legal practice. It highlights the need for the oath to include explicit commitments to democratic principles, the rejection of bias, and the reinforcement of ethical responsibility. The article further explores how these modernized principles can be integrated into legal education and professional conduct to help avoid future lapses. In advocating for these reforms, the article asserts that a renewed and modernized oath is essential for the legal profession to reclaim its role as a defender of justice and public trust.
“NYU Law Review Institute of Judicial Administration Brennan Lecture: Law Schools and State Supreme Courts Must Consider Creative Change to Meet the Legal Needs of Underserved Populations” by Melissa Hart and Kirsten Winek. From the introduction:
The gap in access to justice in the United States has remained at a crisis level for too long. Statistics from recent national surveys are alarming. A 2020 survey of a representative sample of people in the United States reported that 66% of individuals had faced one or more civil legal issues in the preceding four years and that only 49% of those legal issues were resolved. … These challenges have not gone unnoticed. On August 2, 2023, during the joint Annual Meeting of the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), members of these two organizations adopted Resolution 1, which created the Working Committee on Legal Education and Admissions Reform, known as the ‘CLEAR’ Committee. In March 2024, CLEAR released a Landscape Brief that set out its ambitious goal of ‘work[ing] to catalyze high-impact reforms from state supreme courts aimed at further aligning bar admissions and legal education around bringing practice-ready, competent attorneys to meet the legal needs of communities across the country.’ CLEAR also planned to create a final report and recommendations and present it to the CCJ and COSCA in July 2025—less than two years after CLEAR’s creation. CLEAR’s report and recommendations would be informed in part by interactions with and feedback from relevant stakeholders, including individuals and groups from the bench and bar, legal education, and bar admissions.
This Article is organized around CLEAR’s three areas of inquiry and related questions that must be answered to drive reform. Part I considers the purposes of legal education and potential changes to its structure and curriculum. Part II questions whether the bar exam truly tests minimum competence, and if it does not, whether better alternatives exist or can be created. Part III explores how states are addressing the justice gap—both by encouraging lawyers to fill it and by looking elsewhere if lawyers won’t meet the urgent need.
“The Inside Track” by Tracey George (Vanderbilt), Mitu Gulati (Virginia), and Albert Yoon (Toronto). From the abstract:
Roughly 1% of all petitions to be heard are taken by the Supreme Court each year; 5%, if one limits analysis to paid petitions. Getting certiorari, in other words, is highly competitive. But little is known about the lawyers who, year in and year out, win the competition for cert. In this Essay, we unpack twenty-four years of data on petitions and the lawyers who bring them. Who are the superstars of the cert process and where do they come from?
Legal Ethics in Pop Culture — 🍿
Legal Ethics Lessons from a Melbourne-Based Television Show “Fisk”
Professors Catherine Krueger and Benjamin Richards (both of the University of Tasmania) bring our attention to a terrific show for teaching about legal ethics. Here’s an excerpt from their essay “Fisk: Television Legal Dramas for Educating Lawyers.”
This working paper examines the importance of television legal dramas as a pedagogical tool for law students and practising lawyers. It focuses on the hugely popular Australian legal drama “Fisk”, which is set in a fictitious wills-and-estate legal practice in Melbourne. Given that the general public does not frequently engage with lawyers, much of their perception of the profession is shaped by media portrayals including film and television. Although television legal dramas often present exaggerated versions of their subjects, they can nonetheless convey significant cultural truths. Such dramas can be particularly valuable for fostering a deeper understanding of lawyers’ ethics, competencies, and professional identities.
The New York Times gives it a strong review:
Kitty Flanagan cocreated and stars in this Australian comedy about a lawyer whose life collapses, so she finds herself working in a dinky suburban law firm. “Fisk” has a fun and offbeat style, not quite as strange as “Stath Lets Flats” but set in a similarly askew world populated by enchanting oddballs. It’s also the rare comedy to operate largely as a procedural, with new clients each episode. If you wish you could mash up “Boston Legal” and “The Office,” with an emphasis on Dwight and Angela, try this.
And even though it is an Australian show, you can watch all three seasons on Netflix.
Get Hired 💼
Did you miss the 400+ job postings from previous weeks? Find them all here.
Business Intake and Conflicts Attorney, Goodwin — Multiple Locations. From the posting: ”The Business Intake and Conflicts Attorney’s primarily responsibility is to review, analysis and management of client engagement and waiver documentation to ensure compliance with required firm policies and procedures. Work closely with Department administrators and Office of General Counsel to flag, escalate and resolve issues as necessary. Communicate with partners and secretaries on a regular basis to identify issues, train and ensure compliance with firm policies and procedures. Manage the coding and filing of engagement documentation in preparation for firm audits. Also responsible for conflicts clearance review and analysis for firm-wide legal hires and new business, working directly with the Department administrators, as well as with Office of General Counsel, to identify and resolve potential ethics and business conflict issues.” Salary range $116,900-$182,900 annually depending on location. 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 annually. Learn more and apply here.
Ethics Office Program Manager, TikTok — Los Angeles. From the posting: ”We are looking for an individual with a Legal, Ethics, or Compliance background to support our employees in North and South America. The new hire will assist with Ethics Office initiatives, including general project management, assessing policy and procedure needs, developing and implementing policies and procedures, reviewing policy queries from employees, reviewing and remediating conflict of interest declarations, and collecting and analyzing ethics and compliance data. ” Salary range $98,800 – $177,333 annually. Learn more and apply here.
Ethics Unit – Deputy Attorney General IV, California Department of Justice — Hybrid. From the posting: ”Within the Office of General Counsel, a specialized group of attorneys advises the Department and its clients on California laws, regulations, and standards governing financial and non-financial conflicts of interest, government ethics, misuse of public funds, open meetings, professional responsibility, and related topics.” Salary range $11,993.00 – $16,096.00 per month. Learn more and apply here.
Senior Ethics Attorney, Department of Defense — Springfield, VA. From the posting: ”Attorneys provide legal advice and representation to ensure that NGA accomplishes its mission in compliance with applicable laws. They ascertain facts, analyze issues, apply legal authorities, render opinions, and advocate Agency positions.” Salary range $167,603 to – $195,200 annually. Learn more and apply here.
VP, Legal, Ethics & Compliance, Warner Brothers Discovery — Atlanta, New York, or Silver Spring. From the posting: ”This role has a broad remit, and responsibilities and skills include: • Understanding and maintaining a deep knowledge of ethics and compliance requirements specific to WBD’s CNN, DTC/Streaming, Content Distribution, Technology, & Ad Sales businesses, working collaboratively to set the strategic direction for the Ethics & Compliance function in these businesses. • Developing, implementing, and providing training on laws, regulations and policies relating to ethics and compliance obligations.” Salary range $221,480.00 – $411,320.00 annually. Learn more and apply here.
Upcoming Ethics Events & Other Announcements 🗓️
Did you miss an announcement from previous weeks? Find them all here.
- February 7-9. Association of Professional Responsibility Lawyers, Midyear Meeting, San Antonio. Learn more and register here.
- February 12, 9AM-Noon EST. What Taylor Swift and Tom Cruise Teach About Attorney Ethics, Online. “Join the CLE Performer, Stuart Teicher, as he explains the ethics lessons that a titan of music and a titan of Hollywood teach to lawyers. He will use clips from some of Cruise’s biggest movies and a few snippets of Swift’s biggest songs to compare, contrast and illustrate points of CLE. You don’t have to be a Swiftie or a Tom Cruise fan to watch the program…but you might end up one when you’re done!” Learn more and register here.
- April 22-24. American Bar AssociationSpring 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!
Renee Knake Jefferson holds the endowed Doherty Chair in Legal Ethics and is a Professor of Law at the University of Houston. Check out more of her writing at the Legal Ethics Roundup. Find her on X (formerly Twitter) at @reneeknake or Bluesky at legalethics.bsky.social.
The post Legal Ethics Roundup: ‘Streets Of Minneapolis,’ Boasberg Ethics Complaint Tossed, $4K/Hour Fees, Judge OK Playing Fantasy Football & More appeared first on Above the Law.