Legal Ethics Roundup: SCOTUS Opens Term With Legal Ethics Argument, New Judicial Anti-Bias Rule & More - Above the Law

"Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics. Happy First Monday! On the first Monday of each month, you get a longer version of the Roundup with the headlines plus reading recommendations, job postings, events, and many other features. The first Monday in October is extra special because it is also the opening day for the U.S. Supreme Court's 2025 Term."

"In 2010, I wrote a law review article called "The Supreme Court's Increased Attention to the Law of Lawyering: Mere Coincidence or Something More?" I described what has turned out to be the high-water mark for cases involving legal ethics issues taken up by the Supreme Court in a particular term. There were seventeen - seventeen! - such cases during the 2009 Term. You can read the full article here if you want to know more about the cases from the 2009 Term."

"At issue is whether a trial court violates a defendant's Sixth Amendment right to counsel by prohibiting the defendant and his lawyer from discussing testimony during an overnight recess. We argue that a ban on discussions like this jeopardizes the lawyer's compliance with core professional responsibilities and undermines attorney-client privilege and the duty of confidentiality. Read more and download the amicus brief."

The first Monday in October coincides with the opening day of the U.S. Supreme Court's 2025 Term. The 2009 Supreme Court Term included seventeen cases addressing legal ethics, representing an unprecedented high-water mark for such matters. Villarreal v. Texas raises whether prohibiting a defendant and counsel from discussing testimony during an overnight recess violates the Sixth Amendment right to counsel. An amicus brief argues that such a ban jeopardizes attorneys' compliance with core professional responsibilities and undermines attorney-client privilege and the duty of confidentiality. The First Monday release includes headlines, reading recommendations, job postings, events, and additional features.

Read at Above the Law