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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

Sexting Conviction Upheld

Posted on September 18, 2009
The Iowa Supreme Court has affirmed a criminal conviction for distribution of obscene material to a minor. The case involved an 18 year old who had sent a photograph of his erect penis to a 14 year old female. The...

Missiles and Judgment

Posted on September 18, 2009
Posted by Jeff Lipshaw I suppose it's timely that President Obama has today made a bold and both criticized and supported decision about missiles. Quite coincidentally, I started watching last night a 1974 made-for-TV docudrama - "The Missiles of October"...

Quick-N-Easy--Not!

Posted on September 18, 2009
The Mississippi Supreme Court has imposed a public reprimand of a judge for his failure to render a decision in a timely manner. Noteworthy is the fact that the litigant's who filed a summary judgment motion was not pro,ptly decided...

Quid Pro Quo

Posted on September 17, 2009
The Minnesota Supreme Court imposed a six-month suspension without pay of an elected district court judge. The judge was represented by an attorney in connection with his divorce. He had incurred and owed the lawyer's firm almost $100,000. Over a...

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Client Abandoned, Attorney Suspended

Posted on September 17, 2009
A report of bar discipline from the web page of the Ohio Supreme Court: The Court adopted findings by the Board of Commissioners on Grievances & Discipline that [the attorney] violated multiple provisions of the Code of Professional Responsibility by...

Exploitation

Posted on September 17, 2009
In a mortgage foreclosure action, the New York Court of Appeals has held that the defendant had sufficiently alleged that the plaintiff (her attorney and paramour) had exploited a fiduciary relationship and secured through fraud an arrangement where he was...

For The Benefit Of Consumers

Posted on September 16, 2009
An ethics opinion from North Carolina concludes that a lawyer or law firm may include information about prior results on a web page: The consumer of legal services benefits from the dissemination of accurate information in choosing legal representation...

Suing Lender After Default Deemed Frivolous

Posted on September 16, 2009
A Massachusetts attorney who had defaulted on Law Access Loan Program loans that were guaranteed by The Educational Resources Institute ("TERI"), was sued by TERI, which obtained a default judgment The attorney sought to set the judgment aside on grounds...

Reciprocal And Sensible

Posted on September 15, 2009
The Wisconsin Supreme Court imposed a reciprocal 30 day suspension on an attorney suspended for that period of time in Arizona. The court reviewed the facts facts found in the original disciplining jurisdiction: The following facts are taken from documents...

No Interim Suspension On Email Charges

Posted on September 14, 2009
The Louisiana Supreme Court denied a request for an interim suspension of an attorney. WDSU.com reported last month: [The attorney] is at the center of one of the e-mail controversies at City Hall. She was brought before the disciplinary committee...

"I'm A Street Guy" Or Save The Raspberries

Posted on September 14, 2009
The New Jersey Supreme Court imposed a public reprimand based on a presentment of the Advisory Committee on Judicial Conduct that set forth the misconduct of a municipal court judge handling an video arraignment for a series of non-moving traffic...

LPB Credited With Breaking Story - New York Times Front Page Article

Posted on September 13, 2009
Kudos to Mike Frisch, whose post on disciplinary proceedings arising out of a lawyer's blogging activity provoked a front page story in the New York Times today. [Jeff Lipshaw]

Bertrand Russell on Throwing Away a Garbage Can

Posted on September 13, 2009
Posted by Jeff Lipshaw While Mike Frisch is off making national news and Bill Henderson is laying bare the problems of the profession and the academy, I'm pondering replacing my garbage cans (Sunday is garbage take-out evening here in Neighborhood...

Authority, Lawyering, and the Solitude of Judgment - and God!

Posted on September 12, 2009
Posted by Jeff Lipshaw I wrote a short essay on this topic but I haven't posted it on SSRN because I've submitted it to a peer-reviewed journal, and they sometimes have funny rules on what constitutes "prior publication." (Although I'm...

Judge, Then Counsel

Posted on September 11, 2009
The Kansas Supreme Court concluded that an attorney representing a client convicted of first degree murder had labored under a conflict of interest as a result of his earlier service as a judge pro tempore in the very same case:...

Agreed Sanction Questioned

Posted on September 11, 2009
An attorney who had been convicted of felonies involving dealing and possessing controlled substances was sentenced to a six-year prison sentence. The attorney was suspended in July 2008 as a result of the conviction. The Indiana Supreme Court approved an...

Funding Opportunity for Litigation Research

Posted on September 11, 2009
[Posted by Bill Henderson} The ABA Section of Litigation invites applications to The Litigation Research Fund which makes individual awards of $5,000 to support original and practical scholarly work that significantly advances the understanding of civil litigation in the United...

Face The Music, Not The Spectators

Posted on September 11, 2009
The District of Columbia Court of Appeals has ordered the interim suspension of an attorney who was suspended for 90 days without automatic reinstatement by the Supreme Court of the Commonwealth of the Northern Mariana Islands. The attorney was an...

Pay-For-Play

Posted on September 10, 2009
The Wisconsin Supreme Court accepted the consent revocation of a lawyer convicted of wire fraud. The lawyer had been a senior managing director of Bear Stearns. The court recites the underlying facts: The facts from the indictment are complicated and...

One Claim Survives

Posted on September 10, 2009
The District of Columbia Court of Appeals affirmed "in large part" the grant of summary judgment against a former programmer/systems analyst for Covington & Burling who sued for failure to reasonably accomodate her medical condition, hostile work environment, and termination...

Blogging Lawyer Charged with Confidentiality Violations

Posted on September 09, 2009
The Illinois Administrator has just filed and published charges against an attorneythat allege, in part, improper disclosure of confidential client information on a blog. The complaint alleges: At all times alleged in this complaint, Respondent was an assistant public defender...

No Buyers Remorse

Posted on September 09, 2009
The Maryland Court of Appeals reinstated an attorney from suspension in 2007. The reinstatement was immediately challenged by a member of the Maryland Bar based on allegations made against the attorney in a federal civil matter. The attorney had disclosed...

Tier 4 Law Grads Aren't Spoiled

Posted on September 09, 2009
Posted by Jeff Lipshaw (HT Paul Caron) I happened to be chatting with one of Suffolk's top students - she was telling me how hard my Agency, Partnership, and LLC last spring was, heh heh (but the grading was fair,...

Disturbing The Peace

Posted on September 09, 2009
More charges from the Illinois Administrator involve incidents of alleged breaches of the peace. The complaint contends that: In 2008, [K. W.] was a mail carrier for the United States Postal Service. Her route included Respondent?s home in Chester, Illinois...

Fargo Part Two

Posted on September 08, 2009
An attorney was suspended for two years by the North Dakota Supreme Court based on the following instances of non practice-related misconduct: [The attorney] was convicted in Fargo Municipal Court of two misdemeanors involving theft. The items taken were a...

Technology Report: Mac OSX 10.6 (Snow Leopard)

Posted on September 08, 2009
Posted by Jeff Lipshaw I installed the new version of the Mac operating system, OSX 10.6, or Snow Leopard, last Friday. It's advertised as being mainly an improvement under the hood, so the changes aren't apparent to mere users like...

Self-Report Mitigates Sanction

Posted on September 07, 2009
An attorney who had devoted substantial effort to an appeal brief was unable to submit the brief in a timely manner. After five extensions and a court order directing that no further extensions be granted, the attorney decided to falsely...

Divorce Was Better Option

Posted on September 07, 2009
A recent disciplinary sanction reported on the web page of the Texas State Bar: On August 18, 2009 the Board of Disciplinary Appeals signed a final judgment disbarring [a] Searcy, Arkansas attorney... On June 25, 2008 the Board signed an...

Ready, Aim, Fire

Posted on September 07, 2009
The Florida Judicial Ethics Advisory Committee has issued an opinion in response to a judge's inquiry whether membership in a local gun club to use its firing range where membership in the National Rifle Association is required contravenes rules of...

Oh, To Drive in Massachusetts Now That Fall Is Here

Posted on September 07, 2009
Posted by Jeff Lipshaw If you live in Detroit, you know what a "Michigan Left" is. (When you want to turn left onto a divided highway or boulevard, you actually turn right into the left hand lane of the direction...

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