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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

Remand In Litigation over Fees

Posted on December 24, 2009
The District of Columbia Court of Appeals has issued its decision in the litigation between Douglas Rosenthal and his former firm Sonnenschein Nath & Rosenthal. The case involves a dispute primarily over fees for representation against Libya arising out of...

Right Of Way

Posted on December 23, 2009
From the web page of the Massachusetts Board of Bar Overseers is the following summary: On June 19, 2008, the respondent was convicted in Dedham District Court of negligent operation of a motor vehicle in violation of G. L. c....

You Need A Judge

Posted on December 23, 2009
The South Carolina Supreme Court has vacated and remanded a judgment in a home foreclosure matter. The problem? The presiding master was unable to attend the hearing and had signed the judgment presented by counsel later: We categorically reject [noteholder]...

Time To Reflect

Posted on December 23, 2009
An Illinois Hearing Board has recommended a five-month suspension of an experienced attorney who has not been subject to prior discipline. In one matter, the attorney represented a longtime friend in an employment discrimination matter. He was found to have...

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Cameron and Merchant-Ivory to Remake "Remains"

Posted on December 23, 2009
Stung by criticism that Avatar is "all effects" with pedestrian plot and dialogue, James Cameron announced today that he is joining forces with the Merchant-Ivory team on a 3-D remake of The Remains of the Day. In the new version,...

No Per Se Recusal

Posted on December 22, 2009
A recent judicial ethics opinion from Oklahoma: Question(s): Should a judge who is presiding over a class action lawsuit, for a period exceeding three years, and during which interim the judge applied (unsuccessfully) for appointment to an appellate court, recuse...

Discount Coupons Not Unethical

Posted on December 22, 2009
The South Carolina Supreme Court has dismissed one charge and issued a confidential letter of caution in a second matter in connection with disciplinary allegations "involving two methods used by Respondent to promote his services as a real estate attorney...

No Fee For You

Posted on December 22, 2009
A recruitment firm sent an unsolicited resume of a lawyer who specialized in Korean practice to a New York law firm. The firm had no Korean practice in its New York office but later hired the applicant for its Washington...

No Recovery, Massive Or Otherwise

Posted on December 22, 2009
The New York Appellate Division for the First Judicial Department affirmed the dismissal of claimed causes of action against an auction house with respect to the sale of particular items: This action arises out of an auction of memorabilia from...

First Of Its Kind

Posted on December 21, 2009
An unusual bar discipline matter involves an attorney admitted in 1966 who practices primarily in Colorado. The attorney suffers from serious health problems. He practiced in a tw-person form with his wife. He was responsible for operation of the firm's...

John Steele's Ethical Year In Review

Posted on December 21, 2009
Legal Ethics Forum posts its excellent annual look back at the top ethics stories of the year, here. Kudos is due to John Steele and the other contributors for a compelling trip down recent classics lane. [Alan Childress]

Contempt Of Court

Posted on December 21, 2009
In orders entered today, the Ohio Supreme Court held two former lawyers in contempt of previously-entered orders of permanent disbarment. One appeared to respond to an order to show cause and was fined $2,000 for two court appearances after suspension...

What is "Soft Socratic" Teaching?

Posted on December 21, 2009
Posted by Jeff Lipshaw Jacqueline Lipton over at The Faculty Lounge observed that the self-described teaching style au courant in FRC interviews these days is something called "soft Socratic." Here's Jacqueline's description: "When asked about their 'teaching style', candidates invariably...

AALS Section on Professional Responsibility Issues Newsletter

Posted on December 21, 2009
Packed with info and announcements, and just in time for the holidays, is the latest newsletter [fall 2009 edition] from the section on Professional Responsibility of the AALS. Thanks again to editor Randy Lee and section chair Laurel Terry for...

New Trial For Failure To Hearken

Posted on December 21, 2009
The Maryland Court of Appeals agreed with its Court of Special Appeals that a guilty verdict in a first degree murder case was a nullity because the jury was neither polled or hearkened: As a matter of protocol, hearkening has...

Artificial Intelligence, Avatar Lawyers, and Judgment

Posted on December 18, 2009
Posted by Jeff Lipshaw I was an Avatar skeptic, but having read the reviews this morning and watched the trailer (available through the link), I'm going to see it. What about avatar lawyers? As part of my business lawyering judgment...

With The Thanks Of The Court

Posted on December 18, 2009
The web page of the Ohio Supreme Court has this summary of a recent advisory ethics opinion: [The opinion] addressed the following question: ?Is it proper for a judge, at personal expense, to distribute bookmarks, imprinted with the judge?s name,...

My Way

Posted on December 18, 2009
The Pennsylvania Supreme Court has disbarred an attorney who was suspended for two years in 1993 and never reinstated. Prior to the suspension, he had racked up a record of four informal admonitions and a private reprimand. The suspension did...

Reciprocal Discipline For Illegal Immigration Lawyer

Posted on December 18, 2009
The Louisiana Supreme Court has imposed reciprocal discipline in a case that we previously covered. The lawyer had filed "in excess of 4,700 applications or petitions seeking immigration benefits for clients. However, respondent himself was illegally present in the United...

Garbage Out, Evidence In

Posted on December 18, 2009
A person who purchased items associated with the manufacture of methamphetamine at a Wasilla store was reported to the police. The police seized two garbage bags left out for collection at the suspect's residence and found evidence that led to...

All In The Family

Posted on December 18, 2009
It's rather unusual to see a lawyer disciplined for misconduct in connection with the representation of another lawyer in a bar discipline case. An Arizona hearing officer has recommended a censure and probation for one year in such a matter....

"Highly Specialized, And Requires Attention To Details And Deadlines"

Posted on December 17, 2009
The Oklahoma Supreme Court disbarred an attorney for misconduct in multiple instances in connection with an immigration practice. The court noted: Based on the allegations admitted due to the respondent's failure to answer, and the testimony of the witnesses before...

One Plus Two Equals No Relief

Posted on December 17, 2009
The New York Court of Appeals affirmed a conviction in the face of charges of conflicts of interest by one of two counsel in a criminal case. The court refers to counsel as "attorney number one" and "attorney number two."...

A Case of Metaphor Infringement? An Open Letter to David Wessel of the Wall Street Journal

Posted on December 17, 2009
Posted by Jeff Lipshaw I was sitting this morning at breakfast, leafing through the Wall Street Journal (note to Rupert Murdoch: I like to have a place to read conservative viewpoints, but why in God's name do you give space...

Charge Dismissed

Posted on December 17, 2009
The Michigan Attorney Discipline Board has vacated a hearing panel order of reprimand and ordered that ethics charges be dismissed. The complaint had alleged that the attorney had committed acts or omissions in the representation of four clients over a...

Lavish Lifestyle, Disregard Of Tax Obligations, Warrants Suspension

Posted on December 17, 2009
The New York Appellate Division for the First Judicial Department has imposed a one-year suspension of an attorney for failure to file and pay state and federal taxes for almost a decade. The court noted mitigating factors: The Hearing Panel...

Teaching Contracts

Posted on December 17, 2009
Posted by Jeff Lipshaw I've been asked to teach our six credit contracts course here next year, and have been puzzling (far ahead of time) about book adoption and teaching philosophy. Contracts is the often the bane of the first...

Carried Away

Posted on December 17, 2009
The Review Department of the State Bar Court of California has recommended a stayed two-year suspension with 90 days of actual suspension and probation for two years. The charges arose as a result of "53 threatening and abusive voicemail messages...

Babes Off The Hook

Posted on December 16, 2009
Tort law fans will enjoy a decision of the Indiana Supreme Court involving the so-called "fireman's rule." The court discusses the history of Indiana law on the subject that begins with an 1893 case denying a cause of action to...

"Heartless"

Posted on December 16, 2009
Goodman Advocacy, the web page of former West Virginia Bar Counsel Sherri Goodman, has a section called Tales From The Crypt. One anecdote in particular caught my eye as capturing the essence of what motivates one to serve as a...

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