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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

Blogging, the Difference Between Talking and Writing, and How Blogging as Writing Supports Scholarship

Posted on September 05, 2009
Posted by Jeff Lipshaw One of the reasons I like blogging is that it forces me to write my thoughts instead of speaking my thoughts. I worry about e-mail, and instant messaging, and Tweet, because they all blur the distinction...

Lessons for Teachers from Being a Student

Posted on September 04, 2009
Posted by Jeff Lipshaw This wasn't my rationale for taking lessons in riding a horse this past summer, and continuing now that we are back in the Boston area, but what has occurred to me is the benefit to a...

Drawing the Right Lessions from the Bleak Entry-Level Legal Job Market

Posted on September 03, 2009
[by Bill Henderson, co-posted to the ELS Blog] As the fall progresses, many law students and law school administers will be trying to assess the direction of three market trends: (1) the number or percentage of summer associates who receive...

Disabled Because I Say So

Posted on September 03, 2009
The Montana Supreme Court granted a request by an attorney to be transferred to disability inactive status over the objection of the Commision on Practice that there was no disability. The court concluded that the pertinent rule required that any...

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Too Vague To Sanction?

Posted on September 03, 2009
An interesting (at least to me) bar discipline recommendation from the Illinois Review Board overturns several findings of a hearing board and prososes a one-year suspension for conversion and breach of fiduciary duty, among other things. The circumstances involved the...

The Second Time Around

Posted on September 03, 2009
The District of Columbia Court of Appeals disbarred a lawyer "for his cumulative conduct over more than ten years evincing (in Bar Counsel's summation) 'non-negligent misappropriation and dishonesty...' " and other misconduct. The court cites an earlier case involving the...

No Evidence Of Bias In Bar Proceedings

Posted on September 03, 2009
The Oregon Supreme Court disbarred an attorney who had a record of prior discipline. Apparently, the lawyer had previously accused the Bar Counsel and the Bar's Executive Director of bias against him. Here, the court rejected the claims on the...

Prepare for the Bar at Harvard

Posted on September 02, 2009
There was a poster for this on the subway this morning. I did more than a double take when I saw the unmistakable crimson VeRiTas logo. You can get Harvard on your resume for only $225 and in one day....

Charges Reduced, Discipline Imposed

Posted on September 02, 2009
The web page of the California Bar Journal reports: [An attorney] was suspended for one year, stayed, placed on three years of probation with a 60-day actual suspension and was ordered to take the MPRE within one year. The order...

Charges Of Overbilling, Telephone Harassment

Posted on September 02, 2009
The Illinois Administrator has filed discipilinary charges in two counts. the first count alleges overbilling for court-compensated representation of juveniles: Cook County compensates attorneys who participate in the program at set hourly "in court" and "out of court" rates...

CLE Obligations and Unauthorized Practice

Posted on September 02, 2009
An attorney who had continued an active practice before state and federal courts after being placed on inactive status for failure to complete CLE obligations agreed to an 18 month suspension. The sanction was imposed pursuant to the agreement by...

The Rising Cost Of Private School

Posted on September 01, 2009
The Illinois Administrator has filed a complaint charging that an attorney had provided false information and phony tax returns to a private school in order to obtain tuition assistance that the child would not otherwise have been entitled to receive...

Of Pedagogical Epiphanies and the "On Call" List - Will the Deontological Prevail Over the Consequential in Class Participation?

Posted on September 01, 2009
Posted by Jeff Lipshaw As previously noted, I ditched the seating chart in favor of tent cards with students' names. I am also having classes recorded and posted as MP3s on TWEN. The quality of the discussion yesterday on a...

Extra! Extra!

Posted on September 01, 2009
The latest edition of the Georgetown Journal of Legal Ethics (Vol. XXII, No.3 Summer 2009) just hit the streets. The Current Developments 2009-2009 student notes cover a wide array of emerging ethics issues such as risks of online peer advice,...

Probation For False Statement To Police

Posted on September 01, 2009
The latest edition of the California Bar Journal reports the following discipline: [An attorney] was suspended for two years, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect...

Third Party Fiduciary Obligations

Posted on September 01, 2009
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio will accept public comment until Sept. 30 on a proposed rule change about lawyers? duty to safeguard client funds and property in which third persons claim...

Why Not Reciprocal?

Posted on September 01, 2009
The Maryland Court of Appeals disbarred an attorney convicted of felony immigration fraud. The attorney also was admitted in New York, where the Appellate Division for the First Judicial Department had imposed a one-year suspension. A dissent questions why reciprocal...

He That Lives By The Sword...

Posted on September 01, 2009
A disciplinary summary from the web page of the California Bar Journal:[An attorney] was suspended for one year, stayed, placed on one year of probation with a 60-day actual suspension and was ordered to take the MPRE within one year....

Why You Want to Think Twice About Having Children

Posted on August 31, 2009
Posted by Jeff Lipshaw Son James and I went to New York City this past weekend to see daughter Arielle's brilliant production of Tell It to Me Slowly in the NYC Fringe Festival. On the train home, James, snapped the...

Friends Like These

Posted on August 31, 2009
The Maryland Court of Appeals affirmed a trial court finding that a lawyer and complainant did not have an attorney-client relationship and imposed a public reprimand for mishandling of funds as a result of inadvertance and innocent clerical error. The...

Chutzpah

Posted on August 31, 2009
The Colorado Presiding Disciplinary Judge has approved a conditional admission and imposed the agreed sanction of a suspension for a year and a day with conditions of reinstatement for the following misconduct: Respondent represented clients in immigration matters despite the...

Fudge Factor

Posted on August 28, 2009
An attorney who came to the attention of disciplinary counsel as a result of a trust account check overdraft was suspended for 24 months by the Washington Supreme Court. According to the attorney, the first overdraft was an "oversight." The...

No Tort For Truth

Posted on August 28, 2009
A tenured Spanish professor at Creighton University was the subject of a sexual harassment complaint filed by a junior colleague. The evidence consisted primarily of email exchanges between the two in Spanish and Catalan. The parties differed on the proper...

Neglect Draws Two-Year Suspension

Posted on August 28, 2009
The New York Appellate Division for the First Judicial Department affirmed findings of neglect of five client matters but rejected a proposed six-month suspension and imposed a suspension of two years. Departmental Disciplinary Counsel had argued for the greater sanction...

First Of Many?

Posted on August 28, 2009
For those who have wondered whether any lawyer would be sanctioned for Bush era Department of Justice abuses, the answer is yes. The first (to my knowledge) such sanction is an informal admonition issued to department spokesman John A. Nowicki....

See You In 2017

Posted on August 28, 2009
An attorney who was disbarred in 1997 and barred from seeking reinstatement for 20 years has sought reinstatement and filed pleadings attacking the order imposing discipline. The Florida Supreme Court has had enough. The court found him ineligible for reinstatement...

No Violation, No Reasoning

Posted on August 28, 2009
A three-judge circuit court dismissed with prejudice bar charges brought against the chief of the capital crimes unit of the Virginia Office of the Attorney General. The ABA Journal had previously reported the charges: For years, the state attorney general's...

No Mitigation Without Causation

Posted on August 27, 2009
The New York Appellate Division for the Second Judicial Department imposed a three-year suspension of an attorney based on findings of dishonest conduct. The lawyer made false statements of fact to a tribunal and failed to advise the tribunal of...

Whereabouts Unknown

Posted on August 27, 2009
The web page of the Ohio Supreme Court reports on a case of permanent disbarment: The Supreme Court of Ohio today permanently revoked the law license of Middletown attorney Karan Marie Horan for multiple acts of professional misconduct including conversion...

Foreclosure Advice Is Unauthorized Practice

Posted on August 27, 2009
A decision today from the Ohio Supreme Court: The Supreme Court of Ohio ruled today that Cincinnati-based Foreclosure Solutions L.L.C. and the company?s owner, Timothy A. Buckley engaged in the unauthorized practice of law by giving legal advice and negotiating...

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