Ed. note: Please welcome Renee Knake Jefferson back topages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here.
Hello First Monday!
What is a “First Monday” edition? Every Monday here at the LER you receive a summary of the top ten legal ethics headlines. But, on the “First Monday” of the month, you get lots more — the headlines plus reading recommendations, legal ethics tri
Sponsored Content,Legal Technology
From ‘Associate’ To ‘Doppelganger’: The Evolution Of The Legal AI Persona
Confronting Biglaw’s ‘snake eating its own tail’ problem.
Last week took me to Oakland University for a Summit on Civil Discourse, Freedom of Speech and Political Violence on College Campuses. A highlight was learning more about the powerful woman whose fortune founded the university, Matilda Dodge Wilson. Among her many accomplishments, she was the first woman to serve as a lieutenant governor in the country. I got to peek into her study at Meadow Brook Hall, which apparently is the fourth largest historic mansion museum in the United States and classified as one of America’s castles. (Who knew?!?)
RIP Justice Melissa Hart
Willkie Elevates Legal Work with Lexis+ with Protégé
Willkie AI and Innovation leader Todd Friedlich spoke to LexisNexis about firm’s thoughtful approach to legal AI
Before turning to the headlines, I want to make special mention of one that is incredibly sad. Former Colorado Supreme Court Justice Melissa Hart unexpectedly passed away last week. I’ve had the privilege of getting to know her during my service on the Council for the American Bar Association Section for Legal Education and Bar Admissions. She quickly became a mentor, encouraging me to step up to the role of Co-Chair of the Council’s Standards Committee for this year while she served as Chair of the Council. Please take a moment to learn more about her incredible life and service to the legal profession by reading this important tribute: Mourning the Loss of Melissa Hart, Council Chair.
Highlights from Last Week – Top Ten Headlines
#1 “California Sets Guardrails on Lawyers’ AI Use.” From Reuters: “California Governor Gavin Newsom has signed into law first-of-its-kind state legislation setting rules for how lawyers are permitted to use generative AI in their work. Newsom signed the bill, SB 574, on Wednesday.” Read more here.
#2 “Justice Department Files Complaint Against Judges Over Immigration Enforcement Surge Comments.” From PBS: “The Department of Justice filed a complaint Wednesday against federal judges in Minnesota over their remarks to the media about the pressure on their courthouse during Trump administration’s immigration enforcement surge. The complaint alleges the seven judges — nominated by Democrats and Republican presidents — violated judicial ethics by speaking to The New York Times about their experience dealing with a flood of cases during last winter’s Operation Metro Surge crackdown that led to thousands of arrests in the Twin Cities.” Read more here.
#3 “A Desperate and Dangerous Attack on American Judicial Independence.” From the Minnesota Attorney General’s Office: “Minnesota Attorney General Keith Ellison issued the following statement in response to the complaint that the U.S. Department of Justice filed today against nearly all federal district court judges in Minnesota: Today, U.S. Attorney General Todd Blanche announced that the Department of Justice has filed a judicial misconduct complaint against nearly all federal district judges in Minnesota. This is a desperate and dangerous attack on American judicial independence.” Read more here.
#4 “What 4,000 Disciplinary Records Actually Reveal About the Rule of Law.” From JURISTnews: “Many see state bars as guardians of the rule of law. A review of 4,000 Massachusetts discipline decisions finds a system that mostly polices fees, client funds, and communication.” Read more here.
#5 “Justice Alito Recuses Himself Days Before Major Climate-Change Case.” From The New York Times: “Justice Samuel A. Alito Jr. had faced pressure to recuse himself from the climate case because he owns stock in oil companies.” Read more here (gift link).
#6 “The Role of Mental Illness in Lawyer Regulation (In Ontario).” From Slaw: “Can a lawyer be disbarred for misconduct that is directly caused by mental illness? Until recently, my educated guess would have been no. In May and June of 2026, a Hearing Panel of the Ontario Law Society Tribunal issued an important pair of decisions that carefully and deliberately resynthesize the role and impact of mental illness in lawyer regulation.” Read more here.
#7 “Texas Attorney General to Probe ABA’s Law School Oversight.” From Bloomberg Law: “Texas Attorney General Ken Paxton is investigating the American Bar Association over how the organization oversees law schools, he announced Wednesday. Paxton issued a civil investigative demand to the 148-year-old group, the only nationwide accreditation body for US law schools and a longtime professional base for practicing lawyers. The probe focuses on ‘potential anticompetitive conduct relating to the accreditation of law schools,’ according to Paxton’s office. The move comes as the US Education Department appears set to scrap the ABA’s national accreditation power, part of the Trump administration’s broader onslaught against the organization.” Read more here.
#8 “Judges Don’t Need to Recuse From Cases with Critical Attorneys, MD Panel Says.” From the Maryland Daily Record: “Maryland judges don’t ‘necessarily’ have to recuse themselves from cases in which a lawyer actively opposed their appointment to the bench, the state’s judicial ethics panel said. Finding that the circumstances did ‘not implicate the constitutional grounds for disqualification,’ the Maryland Judicial Ethics Committee wrote in a Monday opinion that if the rules were interpreted otherwise, an attorney dissatisfied with a judge’s appointment or rulings ‘could judge shop simply by voicing that dissatisfaction on the record.’” Read more here.
#9 “Clerk Rule Change Unlikely To Trigger Judicial Ethics Probes.” From Law360: “A recent change to the rules governing how federal court leaders handle the reassignment of judicial clerks due to misconduct claims against a judge is unlikely to lead to investigations.” Read more here.
#10 “When the Scary Letter Arrives: Responding to a Disciplinary Complaint.” From the Iowa State Bar: “Even lawyers with long and distinguished careers often tell us that receiving such a letter is among the most stressful experiences of their professional lives. That reaction is understandable. A disciplinary complaint feels deeply personal. Whether from a frustrated or disappointed client, an opposing party, another attorney, a judge, or another source, it often arrives unexpectedly and can leave a lawyer wondering how best to respond. Over the past decade, I have had the opportunity to read every written response submitted to our office. That amounts to nearly 4,000 responses from Iowa lawyers practicing in every part of the profession and across the state.” Read more here.
Bonus Headline:“The Law is Ours.” From the New York City Bar Association: “The law affects all of us. We put the law in plain English. Know the law. Understand your rights.” This is a broad campaign designed to educate the public about the rule of law and why it is important to our democracy and in people’s lives. Watch a series of videos on Instagram, TikTok and YouTube and read more about the campaign here from NYC Bar President and former Fordham Law DeanMatthew Diller.
Legal Ethics in Popular Culture
The hot new HBO series “War” is jam-packed with legal ethics dilemmas even in its first episode, which was released October 1. NPR calls the first season “a well-cast, classy-trashy divorce drama,” with more plots to come:
This is the setup for the first battle, as it were, of War, which is intended to be an anthology series about two dueling London law firms. Each season will be about a different case. The first is Morgan and Carla’s parting, which one of the lawyers predicts will be the “biggest divorce trial in British legal history.” Read the full NPR review here.
I don’t want to spoil anything, but will tell you that in the first episode the lawyers confront ethics issues ranging from problematic evidence secured by their client to confidentiality to fee structuring to hiring conflicts. Check out the trailer at this link. Enjoy!
Recommended Reading
“The Vulnerability of the Press, Academic Freedom, and Zealous Advocacy” by Michael Dorf (Cornell). From the abstract:
The Supreme Court of the United States has long acknowledged that a free press, academic freedom, and zealous advocacy are essential to democracy and the rule of law. However, Supreme Court case law provides little to no distinctive protection for the actors—journalists, scholars, and lawyers—or institutions—news organizations, universities, and law firms—associated with those activities and values. Yet such actors and institutions are not merely vital to a well-functioning constitutional democracy but also especially vulnerable to government coercion, as illustrated by the second Trump administration’s actions against disfavored news organizations, universities, and law firms. Courts should respond by applying existing constitutional doctrines with a thumb on the scale in favor of these democracy-preserving actors and institutions and suspending or reversing the presumption of regularity when government targets such actors or institutions for adverse action. Doing so would require some delicate judgments (such as who counts as a journalist) but would not be more difficult than drawing other distinctions the Supreme Court has endorsed with respect to First Amendment actors (such as who counts as a “minister” for purposes of the Religion Clauses).
“Lawyers are Inquisitors” by Tiffany Williams Brewer (Howard). From the abstract:
This essay examines the litigator’s role as an “inquisitor”—not merely an advocate, but a steward of a truth-seeking process. Using Barbara Jordan’s historic Watergate declaration as its starting point, the essay explores lawyers’ ethical responsibilities in investigating facts, selecting and preparing witnesses, constructing narratives, and conducting direct and cross-examination. It distinguishes legitimate witness preparation from improper coaching and argues that effective advocacy requires intellectual honesty, cultural competence, professional judgment, and respect for witnesses. The essay calls upon young litigators to pursue truth and advocacy in ways that strengthen the integrity of the justice system.
Legal Ethics Tri
From the Texas Center for Legal Ethics, here’s the question of the month: “Are these attorneys required to notify clients of the State Bar grievance process?” Test yourself at this website where you can read the list of scenarios, select an answer, and see your results. So far, only 30% have gotten it right. Will you?
Get Hired
Did you miss the 600+ job postings from previous weeks? Find them all here.
Attorney Advisor (Ethics Attorney), Justice Management Division, Departmental Ethics Office, US Department of Justice — Washington DC. From the posting: “Advise senior DOJ leadership, as well as managers and staff in JMD, on the application of Federal ethics laws and regulations, such as criminal conflict of interest statutes, standards of ethical conduct, financial disclosure requirements, gift acceptance, political activity restrictions, non-federal source travel reimbursement, and post-federal government employment.” Salary range from $85,477 to $197,200. Learn more and apply here.
Conflicts Attorney, Arnold & Porter — Hybrid/Global. From the posting: “Arnold & Porter is seeking a Conflicts Attorney to identify, analyze, and resolve conflicts of interest and related professional-responsibility matters across its U.S. offices.” Salary range from $177,000 to $225,000. Learn more and apply here.
Staff Attorney, Legal Ethics & Disciplinary Investigations, Supreme Court of Ohio Office of Disciplinary Counsel — Columbus. From the posting: “The Supreme Court of Ohio – Office of Disciplinary Counsel seeks three Staff Attorneys for the Intake Division to review and investigate grievances, conduct legal analysis, and assess complex issues. Ideal candidates hold a JD with 2+ years of practice, strong research and writing, and excellent oral communication. Travel within Ohio is possible; education outreach and collaboration with judges and complainants are important aspects of the role.” Salary range from $95,000 to $116,000. Learn more and apply here.
On My Calendar ️
This Friday, October 9, is the deadline for submitting a proposal to present at the ABA Center for Professional Responsibility National Conference at the University of Houston, June 2–4, 2027. I am chairing the planning committee and would love to see submissions from LER readers. Looking for other upcoming ethics events? You’ll find a list here.
Keep in Touch
- News tips? Announcements? Events? A job to post? Reading recommendations? Email [email protected] – but be sure to subscribe first, otherwise the email won’t be delivered.
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.
