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.
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 other features.
Greetings from Washington DC! I’m here to attend a special part of the American Academy of Appellate Lawyers Fall Meeting, where Karen Cohen will describe her research about Loving v. Virginia, the US Supreme Court decision that legalized interracial marriage. She’s the daughter of Bernard Cohen, one of the attorneys who represented Mildred and Richard Loving, whose birthdays my husband Wallace Jefferson and I share, in an amazing coincidence (for more on that, check out the NYT coverage of our own “Loving” story).
A Call for Your Ideas. Before we dive into the headlines, I have a favor to ask on behalf of the Planning Committee for the 2026 ABA National Conference on Professional Responsibility. We are a group of volunteers who want to plan exciting events and panels around the issues you consider “hot topics” in legal ethics. Please take a moment to share your thoughts via this very brief survey.
Now, let’s get started with the headlines. Don’t forget to keep scrolling down to the end for all the “First Monday” extra features. Enjoy!
Highlights from Last Week – Top Ten Headlines
#1 “After Law Firm Deals With Trump, D.C. Bar Warns of Ethical Jeopardy.” From the New York Times: “Months after law firms made deals with President Trump to ward off punitive executive orders, the ethics committee of the District of Columbia Bar is warning that such arrangements may require firms to drop or obtain waivers from all clients who have interests at odds with the government. An opinion issued by the committee this week could bring new scrutiny to several prominent law firms that chose to strike deals with Mr. Trump instead of challenging his executive orders targeting them. Any lawyer or law firm that contemplates making a deal with a government that includes conditions that may limit or shape their practices, the opinion said, ‘must examine whether the arrangement would prevent the firm from providing conflict-free representation to clients — existing and new — who are adverse to the relevant government.’” Read more here (gift link).
#2 “Dem-Appointed Maryland Supreme Court Justice in Hot Seat Over Politically Charged Halloween Display.” From Fox News: “A liberal Maryland Supreme Court justice is in the hot seat over a politically charged Halloween display on his lawn that an expert said casts doubt on his ability to rule impartially on a high-stakes case currently before the court. Maryland Supreme Court Justice Peter Killough, who was appointed to the court by Democratic Gov. Wes Moore, is taking criticism for exhibiting his left-wing political leanings through a Halloween display at his Maryland home. The display included an environmentalist sign, which the expert said is particularly concerning since Killough is currently involved in a high-stakes environmental case.. The signs, painted on Halloween-style gravestones, depict politically charged messages like, ‘Here lies the Constitution,’ ‘RIP Freedom of Speech,’ ‘RIP Food Aid,’ ‘Beware Health Insurance Cuts,’ ‘RIP Due Process’ and ‘RIP Climate Science.’ … Nick Cavey, a spokesperson for the Maryland Judiciary, told Fox News Digital that the ‘the signs belong to Justice Killough’s wife’ and that ‘Killough has no further comments.’” Read more here.
#3 “Britain’s 300-Year Tradition of Wearing Wigs in Court Gets a Trim.” From the Washington Post: “The criminal-court dress guidelines, updated in July by Britain’s Bar Council after two years of review but only receiving wide publicity now, specifically relax the rules for barristers with Afros, dreadlocks or other ‘hairstyle traditions’ associated with their ethnicities. The exceptions don’t require any advance permission, and some practitioners have already begun to go wigless. (The Hogwarts-style robes and white wing collars are still required.) The Bar Council, which represents some 18,000 legal professionals, added permission for other categories of attorney to appear bareheaded as well, albeit with advance written approval from a review body. They include pregnant women, barristers going through menopause who may find them too hot, and those with physical disabilities that may make wig (or gown) wearing difficult.” Read more here (gift link).
#4 “University of Arkansas Fires Law Professor Over Charlie Kirk Comments.” From Reuters: “The University of Arkansas at Little Rock has fired a law professor for comments she made on social media about the September 10 killing of conservative activist Charlie Kirk. The professor, Felicia Branch, appears to be the first legal academic to be dismissed for social media posts about Kirk, the Turning Point USA founder whose assassination at an event at Utah Valley University shocked the country and ignited debates over political violence.” Read more here.
#5 “DOJ Faces Ethics Nightmare with Trump Bid for $230M Settlement.” From The Hill: “The Department of Justice (DOJ) is facing pressure to back away from a request from President Trump for a $230 million settlement stemming from his legal troubles, as critics say it raises a dizzying number of ethical issues. Trump has argued he deserves compensation for the scrutiny into his conduct, describing himself as a victim of both a special counsel investigation into the 2016 election and the classified documents case. The decision, however, falls to a cadre of attorneys who previously represented Trump personally. Rupa Bhattacharyya, who reviewed settlement requests in her prior role as director of the Torts Branch of the DOJ’s Civil Division, said most agreements approved by the department are typically for tens of thousands of dollars or at most hundreds of thousands.” Read more here.
#6 “Federal Judge Disqualifies Trump-Backed Prosecutor in Los Angeles.” From the New York Times: “A federal judge disqualified the United States Attorney in Los Angeles on Tuesday, the latest rebuke to the Trump administration’s attempts to circumvent congressional approval for federal prosecutors. The ruling creates leadership uncertainty in the nation’s largest judicial district, the Central District of California, which serves seven counties in the Los Angeles area. The order was issued by Judge J. Michael Seabright of the Federal District Court in Hawaii, who ruled that the Trump appointee, Bill Essayli, ‘is not lawfully serving as acting United States Attorney’ and ‘cannot continue to perform any role’ that job entails. But it was unclear what the practical effect of his order would be, since the judge also allowed Mr. Essayli to revert to the role of the office’s top deputy, as the first assistant United States attorney.” Read more here (gift link).
#7 “Judge Orders Disciplinary Letter Hung Below Portrait of Disgraced Jurist in Hot Spring County.” From the Arkansas Times: “Calling a painting of a disgraced circuit judge a ‘celebration of corruption,’ the chief administrative judge of Arkansas’s 7th Judicial Circuit ordered on Monday that a framed copy of a judicial discipline press release be hung below the portrait.” Read more here.
#8 “Texas Judges Won’t Face Sanctions for Turning Down Same-Sex Weddings on Religious Grounds.” From the Texas Tribune: “Officiating weddings isn’t a requirement for judges or justices of the peace. A new rule will let them perform only opposite-sex marriage ceremonies.” Read more here.
#9 “Jack Smith Asks Justice Dept. for Guidance on Testifying to Congress.” From the New York Times: “Jack Smith, the former special counsel, asked the Justice Department on Monday to detail what he is allowed to tell Congress about investigating President Trump, after Republicans accused some of his former staff of hiding behind grand jury secrecy rules.” Read more here (gift link).
#10 Call for Nominations – 2026 Michael Franck Professional Responsibility Award. From the ABA Center for Professional Responsibility on LinkedIn: “We are excited to announce that nominations are now open for the 2026 Michael Franck Professional Responsibility Award! This prestigious award recognizes individuals who have made significant contributions to the field of professional responsibility in legal practice. Nominations are invited from colleagues, organizations, and peers who can speak to the nominee’s dedication, leadership, and impact on promoting ethical standards in the legal profession.” Read more here. And learn about past recipients at LER Bonus Content No. 19.
Recommended Reading
“Advocate-Don’t Hallucinate! Appellate Court Staff Attorneys as Vanguards for Ethical AI Usage” by Ashley London (Duquesne). From the abstract:
Appellate court staff attorneys can and should play a special role in promoting the ethical use of generative artificial intelligence (“AI”) systems for judges, lawyers, and pro se litigants. This often-unseen cohort of lawyers is uniquely positioned to champion the ethical use of AI due to their high level of responsibility for justice, their critical roles in ensuring courts run efficiently, as well as their close connections to the judges charged with determining whether the proceedings below were fair and the law applied correctly.
The use and misuse of AI is growing among both lawyers and pro se litigants. Citations to fake cases are becoming common in state and federal district courts, with one researcher showing that courts around the globe – but especially the United States – are impacted by AI misuse in filings on a near daily basis. The appeal of these AI tools is that many are free, easy to use, and enjoy a mythical reputation for trustworthiness, a trait hyped by developers, the media, and even lawyers.
Absent an enforceable set of ethical codes for AI software developers, courts are left to investigate, police, and sanction when algorithms produce incorrect content. Using large language models reveals that AI can, and often does, hallucinate case names and facts, which if left unchecked can cost courts time and resources, while also impacting the outcome of legal actions. Despite this propensity to generate inaccurate content, generative AI tools are here to stay because large corporate interests have invested billions in its development and utilization by the legal sector.
Courts across the country have adopted variable and inconsistent rules for the use of AI, and while lawyers may face discipline via sanctions and disciplinary actions, pro se litigants are subject only to FRCP Rule 11 sanctions. Because appellate court staff attorneys are uniquely placed to review and screen pro se cases, it is critical that they learn about AI, study AI, and understand the many ways in which these programs fall short of trustworthiness and accuracy. This article details ways in which these specially-placed lawyers can take the lead inside their courts to develop plans to incorporate and implement generative AI systems to make the court process more ethical and efficient for all litigants.
“Under Political Pressure: How Courts and Congress Can Help Prosecutors Do Justice” by Rebecca Roiphe (New York Law School) and Bruce Green (Fordham). From the abstract:
Some subordinate federal prosecutors faced a challenging professional dilemma in the early days of the second Trump Administration. It arose from the tension between their role as public officials and lawyers who owe fiduciary duties to the public and their role as Department of Justice (DOJ) employees who take direction from higher-ups. The DOJ leadership directed these subordinate prosecutors to use their considerable power in ways evidently designed to advance partisan political objectives. This was contrary to the clear understanding previously expressed by courts, the legal profession, and the DOJ itself that prosecutors have a duty to seek justice, which requires excluding partisan politics from charging decisions. This Essay considers how federal prosecutors should navigate this dilemma consistently with their fiduciary obligations, which are paramount to their employment obligations. It also analyzes what more Congress and the courts can do to enable subordinate prosecutors to carry out their fiduciary obligations. We conclude that Congress can better protect prosecutors who resist questionable demands, and that in the gaps left by federal legislation, courts should use their supervisory authority to reinforce federal prosecutors’ ability to seek justice in the face of contrary pressure or direction from the DOJ leadership.
Legal Ethics Trivia
From the Texas Center for Legal Ethics, here’s the question of the month: “Can an attorney agree to pay a nonlawyer-owned company for support services based on a percentage of law firm revenues?” Test yourself at this website where you can read a short hypothetical, select an answer, and see your results. So far, 64% have gotten it right. Will you?
Get Hired
Did you miss the 350+ job postings from previous weeks? Find them all here.
Board of Ethics, City of Chicago — Chicago. From the posting: “The Board of Ethics has 3 current vacancies: for Senior Attorney, Legal Counsel, and Project Coordinator.” Learn more and apply here.
Conflicts Attorney, Taft Law — Chicago, Cincinnati, Cleveland, Columbus, Dayton, Denver, Detroit, Indianapolis or Minneapolis. From the posting: “Under the direction of the Conflicts Counsel, the Conflicts Attorney will be responsible for all aspects of the conflicts process, from preparing conflicts search reports as needed, to identifying and resolving possible ethical conflicts and business issues for both new business and lateral matters. The Conflicts Attorney serves clients and attorneys by ensuring that the firm fulfills its ethical obligations.” Learn more and apply here.
Conflicts Counsel, Lewis Brisbois — Portland. From the posting: You “will be responsible for reviewing conflict check reports and identifying, advising, analyzing and resolving potential conflicts of interest and working directly with attorneys to clear conflicts related to the hiring of new partners, associates, paralegals, and other firm hires.” Learn more and apply here.
Global Ethics & Compliance Attorney, Bath & Body Works — Columbus/Hybrid. From the posting: “The Global Ethics & Compliance Attorney will provide legal expertise and counsel to the business relating to global compliance and regulatory matters and will help support the development, implementation and continuous improvement of the organization’s ethics and compliance programs.” Learn more and apply here.
Upcoming Ethics Events & Other Announcements
Did you miss an announcement from previous weeks? Find them all here.
- December 8-9. Australia and New Zealand Legal Ethics Colloquium VIII, University of Otago, New Zealand. The 2025 colloquium will explore the evolving expectations of lawyers in a world where professional conduct is increasingly scrutinized through the lens of public morality and social justice. We encourage submissions that engage with questions such as: What are the limits of role morality in legal practice? How should legal ethics respond to the rise of “cancel culture” and public backlash against lawyers? How can the legal profession maintain its commitment to the rule of law while remaining responsive to democratic values and social change?What does accountability look like for lawyers representing controversial clients or causes? How should legal education evolve to prepare future lawyers for these ethical complexities? Learn more here.
- December 9 @ noon – 1PM Eastern. Florida Bar CLE “What Messy Celebrity Breakups Teach About Legal Ethics.” From the program description: “What do Gwyneth Paltrow, J. Lo, and Ryan Seacrest all have in common? They all had messy, public breakups that offer surprisingly rich lessons about attorney ethics and professional conduct. Professional legal educator Stuart Teicher, Esq. (known as The CLE Performer) uses celebrity relationship drama to explore the rules of professional conduct in ways that are both memorable and practical. From power couple joint representation disasters to confidentiality breaches that make tabloid headlines, these high-profile relationship meltdowns mirror the ethical dilemmas attorneys face in their own practices. You’ll discover how celebrity scandals illuminate key ethical principles, making complex rules easier to understand and remember when real ethical challenges arise in your practice. This program combines real celebrity situations with hypothetical scenarios to create engaging teaching moments that stick.” Learn more here.
- January 6-9. Association of American Law Schools Annual Meeting, Section on Professional Responsibility Events. I’ll be moderating the Section’s main program on “The Law Professor’s Role in Protecting Our Legal System” which will be held January 8 from 2:35-3:50 PM. 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.
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.
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