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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

Old Law Still Good Law

Posted on February 09, 2011
A recent opinion from the Legal Ethics Committee of the D.C.Bar is summarized below: D.C. Legal Ethics Opinion 31 (1977) concluded that it was a violation of the former Code of Professional Responsibility for a congressional staff lawyer to require...

Just Don't Pay Me In Pecans

Posted on February 09, 2011
The Mississippi Supreme Court affirmed a circuit court order enforcing a settlement agreement against plaintiffs in litigation brought against Smith's Pecans. The attorney for the plaintiffs had accepted the offer of settlement but the clients had thereafter refused to execute...

Party On, Judge Garth!

Posted on February 09, 2011
A judge may serve as the Master of Ceremonies at a dinner for a charitable organization, according to a recent opinion of the Delaware Judicial Ethics Advisory Committee. The committee responded to the request for an expedited opinion. The dinner...

Two Matters

Posted on February 09, 2011
The South Carolina Supreme Court has imposed a definite suspension of nine months two matters , one involving an instance of personal misconduct and another that involved billing violations. The court described the two matters: Matter I On or about...

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Extra! Extra!

Posted on February 09, 2011
The Winter 2011 edition of the Georgetown Journal of Legal Ethics has just hit the streets. Among the highlights are an analysis of the value of U.S. legal education in the global services market by Professor Carole Silver and an...

Mortgagor Rhymes With Poor

Posted on February 08, 2011
The Florida Judicial Ethics Advisory Committee opines: ISSUE Whether a senior judge who owns several residential mortgages on properties and receives income from those properties is prohibited from handling mortgage foreclosure matters? ANSWER: No. Reasoning: The Commentary to Canon 5D(1)...

Summer School in the Greek Isles: studying comparative legal professions in the sun

Posted on February 08, 2011
Posted by Alan Childress This is the time of year when I remind readers (and, I hope, Googlers of the phrase law school summer abroad programs in Greece or just "sick of winter") that -- somewhat related to the subject...

Lawyer Gone Wild

Posted on February 08, 2011
The South Carolina Supreme Court has imposed a definite suspension of 90 days in a case involving the following facts: In March 22, 2009, respondent self-reported his arrest for Aggravated Battery to ODC. The arrest occurred as a result of...

The Cobbler's Children

Posted on February 08, 2011
The North Carolina Court of Appeals reversed a number of rulings of the Special Superior Court for Complex Business Cases and remanded for further proceedings in a matter involving the breakup of a PLLC. The court started the opinion with...

Professor Suspension Upheld

Posted on February 07, 2011
Thw Washington State Supreme Court reversed a Court of Appeals order and held that Western Washington University did not violate the Administrative Procedure Act by closing a disciplinary hearing against a tenured associate professor in the Theatre Arts Department...

Nixon's The One!

Posted on February 07, 2011
The Delaware Supreme Court has ordered the immediate suspension of an attorney, concluding that sufficient evidence of ethical misconduct had been presented to support the conclusion that the interests of justice require such action. The attorney has been a candidate...

Not Reciprocal But Disbarable

Posted on February 07, 2011
The Georgia Supreme Court has disbarred an attorney in a matter that started as reciprocal discline imposed by a Georgia federal district court. The court declined to impose in light of a 2009 holding that "reciprocal discipline applied only to...

Hand Gestures

Posted on February 07, 2011
The Tennessee Board on Professional Responsibility has issued a public censure to an attorney for deposition misconduct. According to a press release, the attorney believed he saw the opposing side's expert witness making hand gestures and moving his head...

Brotherly Guilt

Posted on February 06, 2011
A defendant convicted of first degree murder and robbery is entitled to a hearing on a conflict of interest claim, according to a recent opinion of the United States Court of Appeals for the Third Circuit. The defendant received a...

Stanford Law Review Goes Ebook...in Kindle, Nook, and iPad Editions

Posted on February 05, 2011
Posted by Alan Childress Becoming the first general law review to publish its current issues as an ebook (plus its traditional print volumes), the Stanford Law Review now includes Kindle and the other ebook formats in its distribution. I helped...

Attorney Disbarred, Bar Counsel Chastised

Posted on February 04, 2011
The Florida Supreme Court accepted a referee's findings that an attorney was in contempt of a suspension order as a result of his continuing practice of law but rejected the proposed sanction of, in effect, a concurrent suspension nunc pro...

Mike Frisch Wins MTV Teen Music Award

Posted on February 04, 2011
Well, almost. This blog, due I am sure to Mike's content and tenaciousness (and oh those headlines), was named Blog of the Month by Penn State. Here. Let's hope Mike has a less frilly outfit than last year on the...

Problems Problems

Posted on February 04, 2011
The Wisconsin Supreme Court has imposed a 60 day suspension with conditions on reinstatement in a matter in which the attorney had used a trust account for his own purposes after declaring bankruptcy. His problems multiplied when the trust account...

Resignation Revoked, Discipline Imposed

Posted on February 03, 2011
The New Jersey Supreme Court adopted the recommendation of its Disciplinary Review Board and imposed a three-year prospective suspension of an attorney convicted of mail fraud and health care fraud. He was caught in dealings with a fake physical therapy...

Official Misconduct

Posted on February 03, 2011
The New York Appellate Division for the Third Judicial Department has imposed a one year suspension of an attorney convicted of official misconuct, a class A misdemeanor: While serving as a Public Defender for a client, [the attorney] engaged in...

Is This A Great System Or What?

Posted on February 03, 2011
The Maryland Court of Special Appeals affirmed a criminal conviction nothwithstanding the prosecutor's improper statements to the jury in closing rebuttal argument. The prosecutor asked the jury why the defendant would "want a trial if he's already signed a confession...

Suspension For Ex Parte Appearance

Posted on February 03, 2011
The Washington State Supreme Court adopted findings of its Disciplinary Board that an attorney had appeared ex parte before a judge without notice to opposing counsel, failed to disclose facts at that hearing and obtained relief by means of misrepresentation...

Impairment Problems Continue After Suspension

Posted on February 03, 2011
From the web page of the Virginia State Bar: On January 20, 2011, the Virginia State Bar Disciplinary Board summarily suspended [an attorney's] license to practice law based on his January 6, 2011, guilty plea in the Halifax County Circuit...

One At the Heart

Posted on February 03, 2011
The Arizona Disciplinary Commission has unanimously rejected an agreed disposition of six months and one day suspension in a matter in which the attorney had "conspired with his client to have the client fail to appear for trial." The commission...

Lawyer Takes Client's Advice

Posted on February 02, 2011
A Pennslyvania attorney has been suspended pending final discipline as a result of his conviction for smuggling drugs into a jail facility. Mainlinemedianews reports on the circumstances: A 62-year-old attorney ? who took advice from a 23-year-old ?client? on how...

Reprimand Not Imposed For Possible Knowing Misappropriation

Posted on February 02, 2011
The New Jersey Supreme Court agreed with its Disciplinary Review Board ("DRB") and remanded a matter in which the Office of Attorney Ethics ("OAE") had sought a reprimand. The issue that merits further consideration is whether the stipulated facts establish...

Medical License Revoked, Law License On Probation

Posted on February 01, 2011
Also from the California Bar Journal: [An attorney] was suspended for two years, stayed, and placed on two years of probation with a six-month actual suspension. The order took effect April 23, 2010. The State Bar Court review department upheld...

Mexican Mafia Attorney Disbarred

Posted on February 01, 2011
From the February 2011 California Bar Journal: [An attorney] was disbarred Dec. 9, 2010, and was ordered to comply with rule 9.20 of the California Rules of Court. [The attorney] pleaded guilty to 12 felonies including racketeering, money laundering and...

Limited Legal Services

Posted on February 01, 2011
The Mississippi Supreme Court has adopted amendments to Rules 1.1, 1.2 and 1.16 in conjunction with new Rule 6.5: (a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited pro...

Rehabilitation From Addiction Prevents Active Suspension

Posted on February 01, 2011
The Oklahoma Supreme Court has concluded that a relatively lenient sanction is appropriate in a matter where an attorney had self-reported an arrest for attempting to use a forged prescription to obtain drugs and had taken steps to address her...

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