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Michael Downey
Missouri litigator and ethics lawyer
Recent Activity
4th Grader smarter than the ABA
As you are probably aware, the ABA has issued Formal Opinion 462, which discusses a judge's participation in "electronic social media" sites like Facebook and LinkedIn. This morning I learned I was quoted in Leigh Jones' National Law Journal article on the opinion. The article is available here: http://www.law.com/jsp/nlj/PubArticlePrinterFriendlyNLJ.jsp?id=1202589839064. At... Continue reading
Posted Feb 27, 2013 at Missouri Ethics Law Blog
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Paralegal helps entrap opposing counsel in DUI
Would you ask your paralegal to help entrap opposing counsel in a DUI? Shocking, but apparently this may be exactly what happened in Tampa. A firm's paralegal had drinks at a bar with opposing counsel in a defamation trial while a firm lawyer tipped off police that someone who drank... Continue reading
Posted Feb 1, 2013 at Missouri Ethics Law Blog
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ARDC v. Blogging Lawyer -- Really a 1st Amendment case?
After being disqualified from serving as counsel in a case, lawyer Joanne Marie Dennison decided -- perhaps unwisely -- to blog about the case, claiming that the case tainted by corrpution and greed. Now, the Illinois ARDC has decided to prosecute Dennison, claiming that she has violated Rules 8.2 and... Continue reading
Posted Jan 27, 2013 at Missouri Ethics Law Blog
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Who Makes Partner -- Intro to Law Firm Students Speak
Today was the first day of the one-week, one credit Introduction to Law Firm Practice, an intersession course that I have taught since 2008 at Washington University School of Law. In the course, one of the first things students do is choose among four fictional candidates to decide who should... Continue reading
Posted Jan 7, 2013 at Missouri Ethics Law Blog
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Looking Back at 2012 -- Legal Luminaries Lost
The American Lawyer has published a list of leading lawyers or legal figures who died in 2012. It includes the first female lawyer ever hired by Reed Smith, one of the greatest legal marketers, and a host of name or lead partners from America's greatest firms. Also included is St.... Continue reading
Posted Jan 3, 2013 at Missouri Ethics Law Blog
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Money held by lawyer not privileged -- State ex rel. Koster v. Cain
Can a law firm rely on the attorney-client privilege to avoid responding to garnishment discovery seeking information about client funds held? In State ex rel. Koster v. Cain, 383 S.W.3d 105 (W.D. 2012), the state sought information from the law firm Stone, Rich & Fiore about how much money it... Continue reading
Posted Dec 31, 2012 at Missouri Ethics Law Blog
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In re Peebles set for argument on January 3, 2013
The Missouri Supreme Court has set In re Peebles for oral argument at 9:30 AM on January 3. This is the rare case where the Court is asked to review judicial discipline, namely the removal of a judge from the bench for inter alia allowing her clerk to operate without... Continue reading
Posted Dec 28, 2012 at Missouri Ethics Law Blog
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Eighth Circuit rejects "fiduciary exception" to privilege arguments
One recurring issue in Missouri litigation is whether Missouri recognizes a fiduciary exception to the attorney-client privilege, and if so how broad that exception is. A common setting for analyzing such issues -- and one where federal courts have generally recognized an exception -- is ERISA plan administration. It is... Continue reading
Posted Dec 28, 2012 at Missouri Ethics Law Blog
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"Beware the Partner Trap" published
Today the National Law Journal published my article "Beware the Partner Trap," which seeks to warn lawyers of the risks of becoming a law firm partner. The article is available here: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202577773901&Beware_the_partner_trap&slreturn=20121012201303 Continue reading
Posted Nov 12, 2012 at Missouri Ethics Law Blog
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Lawyers helping monitor elections -- conflict concerns?
Several lawyers I know have discussed providing Election Day assistance, making sure that people are permitted to exercise their right to vote. Some have wondered, however, how they can provide such assistance without running a conflict check for each voter they want to help. The answer is Missouri Rule 4-6.5,... Continue reading
Posted Nov 5, 2012 at Missouri Ethics Law Blog
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Will Your Client Be Taxed on Your (Contingency) Fees?
Contingency fee lawyers should be aware that, in some circumstances, their clients may have to pay taxes on money awarded but paid to the lawyer -- and not the client. The St. Louis accounting firm Anders Minkler & Diehl LLP has just circulated a nice article on this issue. You... Continue reading
Posted Nov 1, 2012 at Missouri Ethics Law Blog
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Add this to ethical dangers of Q&A Websites
Recently I wrote an article on the legal ethics risks associated with answering law-related questions on question and answer websites. The article is here--Download JustAnswer.com reprint. A Kentucky government lawyer was just disciplined for one risk that I could have never foreseen: he was reprimanded for using his government-issue computer... Continue reading
Posted Oct 5, 2012 at Missouri Ethics Law Blog
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Guidance on how not to respond to discovery requests and orders
On September 25, the Eastern District of Missouri struck pleadings against a litigant who (a) failed to produce a laptop, claiming it could not be found, until the very last minute; (b) refused to turn over privileged documents or a privilege log for documents withheld from that laptop; and (c)... Continue reading
Posted Sep 29, 2012 at Missouri Ethics Law Blog
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"Partnerless" Law Firm -- NY Times is missing something
In a recent Dealbook article, the NY Times describes Axiom Law as a "firm, with some 900 lawyers, [that] has no partners. " The ABA Journal, always searching for a controversial headline, picks up the story and asks, "Will the Law Firm of the Future Have No Partners?" What both... Continue reading
Posted Sep 28, 2012 at Missouri Ethics Law Blog
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Is representing a KKK Imperial Wizard bad for fee requests?
Numerous federal statutes allow successful litigants to recover their attorney fees. But does the amount you recover change when you represent a very unpopular plaintiff? I found myself asking this question in light of the recent decision in Ancona v. Templeton, Case No. 4:10CV626 (E.D. Mo. Sept. 20, 2012). In... Continue reading
Posted Sep 27, 2012 at Missouri Ethics Law Blog
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Reasonable Rates -- MO Ethics Lawyer charges NYC newbie lawyer rates
Kramer Levin recently had a request for $3.1M in fees denied. The story is here: http://bit.ly/PGZgds Apparently a summer associate was billed at $335 per hour, and associates started at $440 per hour. For about the amount, you can get a 12-year litigator and Missouri Ethics Lawyer at a top... Continue reading
Posted Sep 21, 2012 at Missouri Ethics Law Blog
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Lawyers-Witnesses Can Handle Pretrial matters
On September 17, the U.S. District Court for the Eastern District of Missouri entered an order clarifying that, even if a lawyer may be a witness at trial, this -- and Missouri Supreme Court Rule 4-3.7 -- ordinarily will not prevent the lawyer from handling pretrial matters. The succinct case... Continue reading
Posted Sep 20, 2012 at Missouri Ethics Law Blog
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LexPort 2012 -- the Legal Ethics of Technology
Today I presented at the Missouri Bar's LexPort Law + Technology program. My materials did not make the program, so I am posting them here -- primarily with images removed Enjoy. Download Mo LexPort Slides -- handout 9-2012. Continue reading
Posted Sep 14, 2012 at Missouri Ethics Law Blog
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Presenting "Ethics of Negotiation" tomorrow morning at AT
As the 2011-12 CLE year is winding down for Missouri lawyers, I will be presenting 1.0 credits of ethics CLE tomorrow morning on the "Ethics of Negotiation." It should be a great program. If you are an in-house counsel and have not yet registered, your chance to do so is... Continue reading
Posted Jun 26, 2012 at Missouri Ethics Law Blog
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Brickhouse Law Group last law firm standing in "Social Madness"
The St. Louis Business Journalannounced the "Round 2 contestants" for its Social Madness campaign, and only one law firm is still standing -- Brickhouse Law Group. Visit bizjournals.com/socialmadness/ or "like" Brickhouse on your favorite social networking site to help them keep advancing. Continue reading
Posted Jun 26, 2012 at Missouri Ethics Law Blog
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Can a corporate officer hire a lawyer for the corporation?
A corporate officer is sued individually and in his corporate capacity. The officer hires a lawyer, who agrees to represent the officer in both capacities. The corporation is a party to the agreement. Does the corporation have an obligation to pay the lawyer? Earlier this week, the Missouri Court of... Continue reading
Posted Jun 1, 2012 at Missouri Ethics Law Blog
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Confidentiality concerns don't justify filing unserved privilege log under seal
One of St. Louis's premier criminal defense firms, Rosenblum, Schwartz, Rogers, & Glass, P.C. (“RSRG”), was sanctioned last week after filing a court-ordered privilege log under seal -- and without serving it on the party seeking production. Counsel for arms dealer Keith Byron Baranski, aka "Chief Thunder," subpoened RSRG, seeking... Continue reading
Posted May 30, 2012 at Missouri Ethics Law Blog
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Friday the 13th -- a bad day for lawyers
Today has been a tough day for local lawyers, as signified by three stories from the Business Journal: 1. Once among the handful of largest firms in town, Gallop Johnson is (likely) now winding down -- story at http://bit.ly/IB8Tu0 (Missouri Lawyers Weekly has more of the story at http://bit.ly/HG0MYW and... Continue reading
Posted Apr 13, 2012 at Missouri Ethics Law Blog
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Venue and value for attorney liens -- McCoy v. Hershewe Law Firm (Mo. App. W.D. Apr. 10, 2012)
In McCoy v. Hershewe Law Firm, the Western District of Missouri determined two issues relating to litigation of attorney liens in a case where an attorney Aaron Smith started a case at the Hershewe Firm, took the case with him when he left, and then added Bartimus Frickleton Robertson &... Continue reading
Posted Apr 11, 2012 at Missouri Ethics Law Blog
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New Article -- "Dealing with Outside Counsel's Conflict of Interest (Part I)"
The ACC St. Louis Chapter has just published my new article discussing how in-house counsel should respond when they learn outside counsel has a conflict of interest. The article is available here: http://bit.ly/HYQmmd I learned the article was available after seeing John Steele's post on www.LegalEthicsForum.com. Thank you, John, for... Continue reading
Posted Apr 5, 2012 at Missouri Ethics Law Blog
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