Failure to Alert Judge to Press Law for Reporter Search Draws Ethical Scrutiny; The New York Times, February 5, 2026

Charlie Savage , The New York Times; Failure to Alert Judge to Press Law for Reporter Search Draws Ethical Scrutiny

"The disclosure that the Justice Department failed to alert a judge about a 1980 law protecting journalists when applying for a warrant to search a Washington Post reporter’s home last month is casting new scrutiny on the legal issues raised by the raid.

Specialists in legal ethics said that if the prosecutor who submitted the application, Gordon D. Kromberg, an assistant U.S. attorney in the Eastern District of Virginia, knew about the 1980 law, the failure to bring it up violated a longstanding legal ethics rule.

The Justice Department and Mr. Kromberg did not respond to requests for comment. Nor did lawyers for The Post and its reporter.

Here is a closer look."

What Happens When a Lawyer Makes a Mistake?; ABA Journal, October 28, 2025

Jeanne M Huey , ABA Journal; What Happens When a Lawyer Makes a Mistake?

"The Model Rules of Professional Conduct are clear about what must happen when a lawyer makes a “material mistake, and the steps are grounded in the duty of competence, diligence, and communication owed to a current client.

The Ethical Framework

ABA Model Rule 1.1 requires legal knowledge and thoroughness. Rule 1.3 requires promptness, and Rule 1.4 mandates keeping clients informed about their matter and promptly responding to requests for information.

When a mistake has been made during a legal representation, these rules all come into play. If the error is “material,” it must be disclosed promptly. Hoping the client never finds out or quietly fixing it before disclosing is never a good idea as it can risk turning a simple lapse into a Rule 8.4(c) problem involving deceit or misrepresentation."