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Academic

Legal Profession Blog

Cover legal ethics, bar discipline, business practice, the tension between the bar and the academy, ethical theory, and comparative legal professions.
By Alan Childress, Mike Frisch, and Jeff Lipshaw

Post Frequency: 40.8/day

Last Entry: April 01, 2011 at 14:56:26

Recusal Not Required

Posted on January 26, 2010
Reversing a decision of the Court of Appeals, the Kentucky Supreme Court held that a judge who presided over a case involving a construction dispute did not err in declining to recuse herself. The losing party had learned while an...

Suspension For Unlicensed Practice

Posted on January 26, 2010
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio has indefinitely suspended [an] attorney...for intentionally misleading a juvenile court magistrate regarding his identity and the status of his license to practice before that court...

One For The Books

Posted on January 25, 2010
The Indiana Supreme Court suspended an attorney for six months without automatic reinstatement. The attorney was the elected county prosecutor for Crawford County. While in office, he used county funds to purchase a new set of West's Indiana Code for...

Kettlewell Award Given To Jeanne Gray

Posted on January 25, 2010
The Association of Professional Responsibility Lawyers ("APRL") announces: Beginning in April 2010, the Association of Professional Responsibility Lawyers, the nation's largest association of legal ethics practitioners, will present its first Charles W...

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Prosecutor Charged With Failure To Disclose Exulpatory Evidence

Posted on January 25, 2010
The North Carolina State Bar has recently filed a disciplinary complaint against an assistant district attorney who was assigned to prosecute an arson case. the allegations involve a series of statement's given by a witness with whom the defendant was...

Georgia Sanctions

Posted on January 25, 2010
The Georgia Supreme Court accepted a petition for the voluntary review panel reprimand in a matter involvling a complaint filed by a business partner of the attorney's spouse. The spouse had cash advances from his American Express account deposited through...

One Client Too Many

Posted on January 25, 2010
An attorney who had represented a criminal defendant at a trial in which the key witness (who made controlled drug purchases from the defendant) was also a client engaged in an impermissible conflict of interest warranting reversal of the conviction,...

Is History Humbler Than Law?

Posted on January 24, 2010
Posted by Jeff Lipshaw I drove down the famous Emerald Necklace to Dedham, Massachusetts, a town square tucked away next to the strip malls on US-1 just before it intersects with I-95 on the way down to Providence. It turns...

Cognitive Science, Contracts, Entrepreneurship, and A Tale of Two Karls (It Was the Best of Formalism; It Was the Worst of Formalism)

Posted on January 24, 2010
Posted by Jeff Lipshaw I continue to plug away at my work on judgment, worrying most of the time that I'm going to create something that looks like Norma Desmond's script of Salome (see Sunset Blvd.). As I mentioned in...

Burglary Did Not Cause Neglect

Posted on January 22, 2010
The Oregon Supreme Court suspended an attorney for 120 days based on findings that he had neglected a divorce case and falsely attributed his lack of preparation to a burglary of his trailer/office. The underlying facts: The accused has been...

Suspension For Confidentialty Violations

Posted on January 22, 2010
The former city and county attorney for Wakeeney, Kansas has been suspended for 90 days by the Kansas Supreme Court. He was found to have repeatedly disclosed attorney-client confidential information obtained through his dealings with city and county officials and...

No Trespassing

Posted on January 22, 2010
The Louisiana Attorney Disciplinary Board has recommended a fully-deferred suspension of three months and one year probation of an attorney convicted of trespassing on public school grounds and resisting arrest. The incident had taken place prior to her admission to...

Pay You Back With Interest

Posted on January 22, 2010
A Subcommittee of the Virginia State Bar Disciplinary Board has imposed a public reprimand with terms in connection with an attorney's fee practices in a divorcematter. The attorney was paid $5,000 and had "estimated" that the work could be completed...

More Than A Momentary Lapse

Posted on January 22, 2010
The Louisiana Supreme Court denied the application for admission of an applicant who, after having conditionally failed the bar exam, forged a notarial signature on an affidavit attesting that her answers had not changed since her prior application. The applicant...

"Knowingly Concerned"

Posted on January 21, 2010
The New York Appellate Division for the Third Judicial Department revoked the admission and struck from its rolls an attorney who had defaulted on charges that he had failed to disclose a 1997 conviction in England of the offense (maybe...

Two For The Price Of One

Posted on January 21, 2010
In a reciprocal discipline matter where the attorney had been reprimanded twice in Michigan, the Wisconsin Supreme Court held that a single reciprocal reprimand would suffice: The only question that remains is whether the two Michigan public reprimands should be...

Important Public Interest Fee Decision

Posted on January 21, 2010
The New Jersey Supreme Court upheld a trial court decision finding that parties to a discrimination case did not reach a settlement through a mediator. The court lifted a bar "placed on public interest attorneys and defendants from simultaneously negotiating...

Ethics 101: Suing Your Client Is A Conflict

Posted on January 21, 2010
The web page of the North Carolina State Bar reports: [A] Maxton lawyer...was reprimanded by the Grievance Committee. [He] represented four clients in a personal injury case arising from a car accident. He failed to notify any of his clients...

Conference on Lawyer Marketing Through Online Social Networks

Posted on January 21, 2010
Posted by Jeff Lipshaw Suffolk University Law School is hosting a program entitled Avoiding the Ethical Minefield of Online Social Networking and Marketing: Do You Know Who Your Friends Are? on Thursday, March 11, 2010 from 4:00 - 6:30 p.m....

Probation Precludes Bar Admission

Posted on January 20, 2010
The Arizona Supreme Court recently denied the bar admission application of an applicant who is on felony deferred adjudication status in Texas. In 2002, while an undergraduate, he was indicted on charges of burglary and sexual assault. He pled no...

Terms Of Art

Posted on January 20, 2010
A disciplinary summary from the January 2010 web page of the California Bar Journal: [An attorney] was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year and comply...

Reentry Mission Scrubbed

Posted on January 20, 2010
The Michigan Attorney Discipline Board affirmed a Tri-County Hearing Panel's order denying reinstatement to an attorney who had been subject to a series of suspension orders that had started with a 120 day suspension in 1997. In 1998, he was...

Catch 22

Posted on January 20, 2010
An order affirming a $211,000 judgment in a lease/purchase matter was reversed by the South Carolina Supreme Court. The defendants had hired an attorney to defend the action who had been suspended from practice prior to the plaintiff's discovery motion:...

Suffolk Law School Offers Business Deals/Business Skills CLE

Posted on January 20, 2010
Posted by Jeff Lipshaw Suffolk Law School's Advanced Legal Studies Program and its Business Law and Finance Services Concentration are co-sponsoring a 12-hour class in business and transactional skills for new lawyers, running for four consecutive Thursday evenings beginning on...

Flanders on the Need for Ethics Instruction in Law School

Posted on January 20, 2010
Posted by Jeff Lipshaw My co-author (of the soon-to-be published ABA book, Becoming a Law Professor, with Brannon Denning), Marcia McCormick, passed along this link to a column in National Jurist by her St. Louis U. colleague Chad Flanders (right)....

Not Single

Posted on January 19, 2010
The web page of the North Carolina State Bar reports the following disciplinary action involving a state General Assembly representative: Charlotte lawyer Nikita Mackey was reprimanded by the Grievance Committee. Mackey listed his martial status as "single" on a bankruptcy...

Adverse Inference

Posted on January 19, 2010
The New York Appellate Division for the First Judicial Department has suspended an attorney under investigation for misappropriation of the proceeds of a wrongful death action in light of the following: By letters dated August 3, 2009 and September 25,...

Interviews with Richard Posner

Posted on January 19, 2010
Posted by Jeff Lipshaw There's an extended series of interviews with Judge Richard Posner over at bigthink.com. I disagree with him about many, many things, but I much admire his willingness to say exactly what he thinks and in an...

Stayed Suspension For Intoxicated Belligerence To Courthouse Personnel

Posted on January 17, 2010
A disciplinary sanction reported by the North Carolina State Bar: The DHC suspended [a] Wilson lawyer...for one year. [The lawyer] appeared in the courthouse intoxicated and was loudly belligerent to courthouse personnel. The suspension is stayed for three years upon...

For The Sake Of The Children

Posted on January 15, 2010
An attorney was retained by a surviving spouse on her own behalf and on behalf of her two children to prosecute a wrongful death action. The complaint was not timely served and the case was dismissed. The client hired new...

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