Legal Ethics Items (November 17, 2010)

• Booher v. Sheeram.  Good deeds sometimes get punished, especially if the formalities aren't minded. "An attorney was facing major surgery and attempting to work with an expert who was unable to get a report completed in a timely fashion. Consequently, the attorney contacted opposing counsel to explain that an extension of time to file his client's designated evidence in opposition to summary judgment would be needed. Opposing counsel agreed that an extension would be acceptable. Although we encourage collegiality among members of the legal profession, the attorney here should also have filed a formal request with the trial court for an extension of time. Having failed to do so, the trial court was without discretion to accept the technically late-filed documents."
• Allen v. Beistel: Texas case where testimony by an ADA didn't violate rule 3.8.  "Allen first contends that the trial court erred denying his request to disqualify the AAG and allowing the AAG to testify about the Attorney General's office's documents showing the calculation and amount of Allen's arrearages.   Allen relies on Texas Rule of Professional Conduct 3.08, which states that “[a] lawyer shall not accept or continue employment as an advocate before a tribunal in a contemplated or pending adjudicatory proceeding if the lawyer knows or believes that the lawyer is or may be a witness necessary to establish an essential fact on behalf of the lawyer's client.”   Tex. Disc. R. Prof. CondND. 3.08(a).   Disqualification of an attorney under Rule 3.08(a), however, is appropriate only if the lawyer's testimony is “necessary to establish an essential fact.”   In re Sanders, 153 S.W.3d 54, 57 (Tex.2004).   The litigant requesting the disqualification bears the burden to prove that he suffered actual prejudice due to the attorney's dual role as witness and lawyer."
• Blog of the Legal Times reports on the oral argument before the DC Circuit over whether the FTC red flag rules should applied against lawyers.
• Justice Thomas's wife, Virginia Thomas, stepped down from her advocacy group, following speculations about recusal implications for her husband.
• Main Justice has several interesting items.  "No Charges for [the Senator] Stevens Prosecutors."  The DOJ has two watchdogs and the two are sniping.  And the New Black Panthers case continues to simmer.  More here, about newly discovered emails.
• Lawyers are liking Apple products?
• Several articles about diversity in the legal profession, in the US, including on socio-economic grounds, and UK.
• Avvo offers thoughts on how to run a virtual law office.
• Legal Dollar notices that the ABA committee charged with looking at what information law schools should be disclosing is dominated by law school deans and profs.