Tag Archives: legal ethics
Law Firms Should Not Be Hiring Election Deniers. One Just Did.

Former federal prosecutor Dennis Aftergut criticizes the law firm Boies Schiller Flexner for hiring Mark Brnovich, the former Attorney General of Arizona, as a lateral partner, citing Brnovich’s prominent role in misleading the public about election fraud. The author argues that such a hiring decision tarnishes the law firm's reputation and undermines the legal profession's responsibility to uphold truth and democratic values.

Forced Apologies: Thinking about Ordinary, Restorative, and Transitional Justice

Illinois Law professors Lesley Wexler and Jennifer Robbennolt comment on the recent decision by a judge declining to require an apology from the lawyers who submitted a brief with fictitious cases generated by ChatGPT. Professors Wexler and Robbennolt explain why the judge’s reasoning that “a compelled apology is not a sincere apology” assumes that a compelled apology has no value and fails to consider the other purposes apologies serve, such as acknowledgment to victims and affirmation of violated norms.

Trump Lawyer Jenna Ellis Snatches Shame from the Jaws of Redemption

Former federal prosecutor Dennis Aftergut comments on the public censure of Trump lawyer Jenna Ellis for her misrepresentations on Fox News and elsewhere regarding the outcome of the 2020 Presidential Election. Mr. Aftergut points out that now, thanks to Jenna Ellis, we have a discipline case on the record against a lawyer whose only misconduct was in misleading the public in the public square.

Trump’s Lawyers Will Get Away with Facilitating His Anti-Democratic Antics and They Know It

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—predicts that because the lawyer discipline process is broken, President Trump’s lawyers will get away with facilitating his anti-democratic misconduct. Professor Sarat notes that Lawyers Defending American Democracy (LDAD) released a letter calling on bar authorities to investigate and punish members of Trump’s post-election legal team, but he points out that while LDAD can shame those members, it still lacks the ability itself to discipline or disbar.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more