Email To Bar Counsel To “Go F*#k Yourself!!!” Surefire Way To Attorney Discipline (Even In New Jersey)

Michael E. McCabe, Jr.Civility/Professionalism, Duty to TribunalLeave a Comment

Like voluntarily sticking one’s head into a lion’s den, communicating with Disciplinary Counsel can be a risky proposition.  Whatever the reason for the communication, attorneys should be mindful not only about what they are saying but how they are saying it.  This is not a difficult concept for most to grasp, but the Bar expects attorneys to conduct themselves in … Read More

Circuit Courts Warn: The New “F-Bomb” In Litigation Is “Frivolous”

Michael E. McCabe, Jr.Duty to TribunalLeave a Comment

It pays to be nice. That is the message from two recent Circuit Courts of Appeal decisions that criticized parties for lack of civility because counsel characterized their opponent’s arguments as “frivolous.” In the first case, Bennett v. State Farm Mut. Auto. Ins. Co., 731 F.3d 584, 585 (6th Cir. 2013), the Sixth Circuit reversed a judgment in favor of State Farm … Read More

USPTO Suspends Attorney For Six Months For Derogatory Patent Filings

Michael E. McCabe, Jr.Civility/Professionalism, Patent Ethics, Suspension, USPTO OED5 Comments

This week at “Back to School Night,” I read with great interest some words of wisdom posted on the wall as part of a set of class “Rules.” The children agreed to three general principles of self-governance: Be nice to others. Don’t use bad words. Be respectful. Lawyers also have their own rules of self-governance, codified in the Rules of Professional … Read More