Law Firm Conflicts Considerations — “Stale” Conflict Waiver Leads to Law Firm DQ, Divorce Work Doesn’t Conflict Lawyer in Criminal Matter, Law Firm Arbitration Clause Voided


Law Firm’s Arbitration Clauses Voided Over Conflict Disclosure” —

  • “McGrath Kavinoky LLP, which represents hundreds of sexual abuse victims, forfeited its right to compel arbitration on two clients when it failed to disclose conflicts of interest in cases involving a UCLA gynecologist convicted of sexual abuse, a California appeals court ruled.”
  • “The law firm can’t force the clients into arbitration since McGrath’s engagement agreements violate California public policy, Justice John L. Segal said in an opinion on Monday. The California Courts of Appeal affirmed a trial court ruling that the firm can’t enforce its arbitration agreement on two Jane Doe plaintiffs.”
  • Decision: here.

Louisiana Court DQs Baker Donelson in Suit Against Governor, Calling Waiver ‘Stale’” —

  • “A Louisiana state judge Monday ordered Baker Donelson Bearman Caldwell & Berkowitz to be disqualified from representing a group suing to stop Louisiana Gov. Jeff Landry’s planned school funding cuts because the firm also represented the governor in a separate case.”
  • “Baker Donelson maintained in a court filing in the case in Baton Rouge that a waiver signed by Landry when he served as state attorney general in 2023 had allowed the firm to defend the state in one case while representing clients taking legal action against the state in unrelated cases.”
  • “But Judge Richard ‘Chip’ Moore of Louisiana’s 19th Judicial District Court granted Attorney General Elizabeth Murrill’s emergency motion to disqualify Baker Donelson from the case and lift a June 18 temporary restraining order on the funding cuts designed to provide money to give teachers raises.”
  • “Moore agreed that Baker Donelson needed a new waiver from Landry and couldn’t use a ‘stale’ waiver signed by a previous attorney general to litigate against the state.”
  • “He also ordered Baker Donelson to ‘forfeit the fees it billed the state during the period of conflict’ in an amount to be determined at a future hearing—though a spokesperson said the plaintiffs had voluntarily dismissed the suit against Landry ‘ending this case.’”
  • “In addition, the state canceled all its contracts with the firm so it is no longer representing Louisiana in any cases in state or federal courts.”
  • “When the 2023 waiver was signed, the firm was representing the state of Louisiana in some pharmaceutical companies’ legal challenges to a new state law that required drugmakers not to interfere with deliveries to pharmacies serving low-income residents—for which Baker Donelson earned $350,000 in Fiscal Year 2025, according to state records.”
  • “Baker Donelson then began representing Louisiana in 2024 in a federal class-action lawsuit—in which it filed a motion June 12—alleging the state’s foster care system has been deficient in caring for children in its care, according to the motion by state attorneys to disqualify the firm.”
  • “On June 18, clients represented by Baker Donelson sought a restraining order to stop Landry’s executive order that proposed school funding cuts to provide money to give teachers raises.”
  • “In a court filing seeking the firm’s disqualification, Principal Deputy Solicitor General Zachary Faircloth stated that the firm failed to tell Landry it was representing a group challenging his order until 15 days after it was first contacted to do so.”

David Kluft asks: “Can I represent a criminal defendant if I previously represented his wife in divorcing him?” —

  • “A MI lawyer was appointed to represent a client charged with possession of methamphetamine. After conviction, the client claimed ineffective assistance on the grounds that the lawyer had represented the client’s wife in divorcing him years before.”
  • “The client speculated that the lawyer tanked his criminal case because he made her ‘look bad in court’ during the divorce. The lawyer claimed she hadn’t even remember him from the divorce (because he had defaulted and all she did was file a motion for default judgment).”
  • “The Court found that the divorce matter and the criminal matter were not substantially related, and therefore not a conflict. The client also claimed that the lawyer was ineffective for failing to strike the client’s former accountant from the jury (she was the foreperson), but the lawyer credibly testified that the client never told her about this issue during the trial.”
  • Decision: here.



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Medically reviewed by Robert Burakoff, MD

Drinking herbal tea and winding down with a relaxing activity can help soothe your gut at night.Credit: Drazen Zigic / Getty Images
Drinking herbal tea and winding down with a relaxing activity can help soothe your gut at night.
Credit: Drazen Zigic / Getty Images
  • Small habits in the evening can influence your gut health.
  • Eating a Mediterranean-style dinner, drinking a cup of herbal tea, and taking an after-dinner walk are simple ways to support your gut health in the evening.
  • Stress management, a regular bedtime routine, and getting seven to nine hours of sleep each night help anchor your circadian rhythm, which may keep your gut bacteria balanced.

Gut health is something you can work at improving at all hours of the day. Here are seven simple habits you can do in the evening hours to support gut health.

1. Have a Mediterranean Dinner

Following the basics of the Mediterranean diet at dinner could support your gut health in the evening and beyond. This includes:

  • Fresh fruits and vegetables
  • Legumes
  • Whole grains
  • Poultry
  • Fish
  • Healthy fats, like olive oil

The foods you eat determine the makeup of your gut microbiome, or the system of microorganisms that live in your gastrointestinal tract. Whole foods and minimally processed foods contain nutrients, such as fiber, vitamins, and minerals, that support a balanced gut.

The Mediterranean diet is known for its health benefits, including reduced inflammation and improved overall health. Research also shows that the diet has a positive impact on the gut. People who followed a Mediterranean diet were found to have more microorganisms in their gut compared to people who ate a diet higher in sugar, fat, and salt.

2. Finish Eating 2-3 Hours Before Bed

Eating too close to bedtime could disrupt your sleep and impact gut health. A meal that isn't fully digested can cause unpleasant digestive symptoms, especially if you're prone to indigestion. While there are no rules about when to stop eating before bed, finishing your last full meal two to three hours before bedtime can give your body enough time to digest.

New, early research suggests that eating late at night may negatively affect the gut. The researchers found connections between stress, late-night eating, and bowel issues. Those who had both high stress and late-night eating patterns were 2.5 times more likely to also report bowel problems and have lower gut microbiome diversity.

If you need a snack after dinner, opt for foods that have protein, fiber, or healthy fats, including:

  • Fruits, like berries or kiwi
  • Low-fat yogurt
  • Nuts
  • While grains
  • Fermented foods like kimchi, kefir, or kombucha

3. Take a Walk After Dinner

An evening stroll can have benefits beyond getting in your daily steps. It could also help your body move food through the digestive system.

You don't have to walk for that long, either. In one four-week study, researchers found that a 10-15-minute walk after a meal was more effective than a prokinetic medication for easing bloating and discomfort in adults who regularly experience bloating.

If you can't walk around the neighborhood, even standing up and moving your body around the room could help.

4. Have a Cup of Herbal Tea

Sipping a caffeine-free herbal tea in the evening can be a relaxing ritual. Certain teas, including ginger and peppermint tea, can also help with digestion and ease unpleasant symptoms such as gas and bloating.

Ginger is known for easing stomach discomfort. Drinking ginger tea can help with gas and bloating because ginger reduces constipation and the breakdown of undigested nutrients in the gut. You can buy dried ginger tea in a bag or make it from fresh ginger. It's generally considered safe to drink in moderate amounts daily.

Peppermint can help with cramping and bloating. The tea is made from peppermint leaves and is generally considered safe. One thing to note is that peppermint can also trigger indigestion, so if you're prone to heartburn, it might not be a good choice.

5. Pick a Wind-Down Practice

The brain and gut are connected. Stress affects gut health, and higher stress levels are linked to stomach issues such as nausea, constipation, and diarrhea. When your stress hormones are high, it can lead to increased gut inflammation and potentially an imbalance in gut bacteria.

Choosing a relaxing activity to practice in the evenings could help lower your stress, which can also benefit your gut. Try a mind-body or mental health practice, such as:

  • Meditation
  • Breathing exercises
  • Yoga
  • Journaling
  • Gratitude affirmations

Some evidence suggests that slow, deep breathing has positive impacts on the gut, such as improving symptoms in people with irritable bowel syndrome (IBS).

6. Keep Bedtime Consistent

Having a regular bedtime routine can help you get more consistent sleep, which may also positively affect your gut. Research suggests that changes to your sleep cycle can affect your gut microbiome. Keeping a regular sleep and wake time anchors the circadian rhythm. Even a few days of irregular sleep could impact your gut.

While researchers are still learning about the complex connection between the gut and sleep, it appears as though sleep disturbances can change the gut's makeup and function. Setting a regular bedtime and wake time and sticking to it as closely as possible could benefit your gut health.

7. Get Enough Sleep

Something as simple as regularly getting enough sleep could have a big impact on your gut health. Experts recommend that adults get between seven and nine hours of sleep each night. Sleeping less than seven hours could put you at risk for health issues.

Shorter sleep time can affect the gut microbiome, potentially causing an imbalance that could lead to inflammation and metabolic problems.

The relationship between sleep and your gut seems to work both ways. Just as poor sleep can negatively affect gut health, an unbalanced gut may contribute to sleep troubles. If you're not consistently getting the recommended amount of sleep and aren't able to improve your sleep with at-home habits, it might be worth asking a healthcare provider for help.



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