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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

Twice Disbarred

Posted on May 27, 2009
The New York Appellate Division for the Second Judicial Department imposed reciprocal discipline based on the attorney's New Hampshire disbarment. The court summarized the findings of misconduct: By order and opinion of the Supreme Court of New Hampshire dated October...

A Loan At Last

Posted on May 27, 2009
The Illinois ARDC has filed a disciplinary complaint against an attorney who had loaned a woman he was dating $20,000 in exchange for a promissory note that provided for monthly repayments. He then married the borrower, who later sought divorce...

No Voice, No Violation

Posted on May 26, 2009
One of the difficult problems in applying disciplinary rules to professional lapses is determining whether litigations errors amount to ethical violations. In other words, is every act of potential legal malpractice an ethical violation? In a recent report, an Arizona...

"In Issue" Privilege Waiver

Posted on May 26, 2009
The New York Appellate Division for the First Judicial Department affirmed the denial of a motion by a law firm defendant in a legal malpractice case for access to materials protected by the plaintiff's attorney-client privilege: This legal malpractice action...

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Law Firm May Be Sued For Collusion

Posted on May 26, 2009
A decision today from the New York Appellate Division for the First Judicial Department: Plaintiff, a member of Alliance Network LLC (a limited liability company), had standing to bring this derivative action alleging that the law firm and one of...

AALS Section on Professional Responsibility Issues Spring 09 Newsletter

Posted on May 26, 2009
Posted by Alan Childress Thanks are owed again to the generosity of the AALS Section on Professional Responsibility, both for the time and effort it took to write such a truly newsy newsletter (its helpful features extolled in our previous...

Unduly Harsh

Posted on May 25, 2009
A Louisiana attorney who had acted as counsel in a child custody matter while on inactive status failed to participate in the ensuing bar investigation and prosecution. The Disciplinary Board recommended disbarment for the violations. While noting that the harm...

Agreed Sanction

Posted on May 23, 2009
A Virginia lawyer agreed to a 30 month suspension for mishandling two client matters. One involved an accident case; the other a divorce. There was an agreed upon finding of dishonesty in both matters. According to the order, the attorney...

Brothers In Misconduct

Posted on May 22, 2009
The New York Appellate Division for the Third Judicial Department suspended two brothers for one year and until further court order but stayed the suspensions on completion of six credit hours in legal ethics and professionalism. The attorneys "may apply...

False Positive Claim Rejected

Posted on May 22, 2009
An Illinois hearing board has recommended a suspension for 18 months and until further court order in a case involving a conviction for cocaine possession and subsequent positive test for cocaine as revealed by a court-ordered urine test. The attorney...

Continued Indifference To The Rule Of Law

Posted on May 22, 2009
The Nebraska Supreme Court disbarred an attorney for misconduct involving a federal criminal conviction as well as a series of client-related ethical violations. The conviction involved a series of $9,000 bank deposits in cash that the lawyer received as investment...

Pension Answer Book Not Firm Asset

Posted on May 21, 2009
The New York Appellate Division for the First Judicial Department affirmed a judgment on behalf of a departing lawyer against his former law firm but remanded for a recalculation of damages. The court held: The finding that respondents were guilty...

Corporate CEO Not A Vulnerable Client

Posted on May 21, 2009
A very interesting bar discipline case from Florida has resulted in the Supreme Court's rejection of the referee's proposed admonishment in favor of a suspension of 91 days. The attorney was charged with misconduct in two counts involving the same...

Insufficient Evidence Of Moral Change

Posted on May 21, 2009
The Minnesota Supreme Court denied a petition for reinstatement of an attorney who had been indefinitely suspended in 2007. The petitioner had expressed an interest in joining his son in law's practice. The court noted that he had been admonished...

Snow Tubers Not Skiers

Posted on May 21, 2009
A snow tuber who had brought a negligence action against a ski area operator was not time-barred under the then-governing statute of limitations, held the Vermont Supreme Court. The alleged injuries had occurred on a run used exclusively for snow...

No Funds Left Behind

Posted on May 20, 2009
The Illinois ARDC Administrator has filed charges against an attorney for conversion of trust funds proceeds that the attorney, in his capacity of public administrator of estates. The funds were to be held for a minor beneficiary until he reached...

Let's Do Lunch

Posted on May 20, 2009
The web page of the Tennessee Board of Professional Responsibility reports a public censure imposed on an attorney for disruptive courtroom behavior. The incident that led to discipline was the subject of a Tennessee Court of Appeals decision affirming a...

Admission Granted

Posted on May 20, 2009
The Louisiana Supreme Court unconditionally admitted a bar applicant who was a member of the Oklahoma Bar. The applicant had been initially denied permission to sit for the bar exam because of a negative reference from an Oklahoma attorney with...

Tax Charges Lead To Interim Suspension

Posted on May 19, 2009
A report from WIS10 Columbia, South Carolina: A Columbia attorney has been arrested on tax charges. According to the South Carolina Department of Revenue, investigators arrested Frank R. Ellerbe, III, 51, and charged him with five counts of failing to...

Admission Denied

Posted on May 19, 2009
The Louisiana Supreme Court declined to certify for admission an applicant who had passed the essay portion of the bar exam. The character and fitness issues involved the applicant's failure to disclose a charge and warrant issued for bad checks,...

Determination Voided By Unauthorized Practice

Posted on May 19, 2009
From the web page of the North Dakota Supreme Court, reporting the holding of a case decided yesterday: Pro hac vice admission is required for nonresident attorneys who engage in the practice of law by appearing, either in person, by...

Racial Epithets, Lack Of Candor, Result In Denial Of Bar Admission

Posted on May 18, 2009
The Louisiana Supreme Court denied bar admission to an attorney licensed in Minnesota. The applicant had "used racial epithets toward two employees of DePaul University College of Law" in an incident that had taken place in 2006. He "falsely denied...

Court Disbars Lawyer Who Did Not Present Evidence

Posted on May 18, 2009
The Georgia Supreme Court disbarred an attorney who had been the subject of a bar investigation initiated when three checks written on his trust account bounced. He explained that the bounced checks were the result of thefts by an employee,...

Abuse Of Vulnerable Clients

Posted on May 18, 2009
A recently filed hearing officer report and recommendation from Arizona tells a truly horrifying tale of abuse of two vulnerable clients by an attorney. In one matter, the lawyer recruited another lawyer to do the real work while he billed...

Violent Altercation Leads To Bar Discipline

Posted on May 16, 2009
The Louisiana Supreme Court revoked the license of an attorney for misconduct both as a lawyer and in private life. The practice-related charges involved neglect of a bankruptcy matter, failure to communicate with the client, failure to return unearned fees...

Disciplinary Probation For Marijuana Possession

Posted on May 15, 2009
A Michigan attorney received two years probation with conditions as a disciplinary sanction for a criminal conviction involving marijuana possession. A stipulated consent disposition in the matter had been accepted by a hearing panel. (Mike Frisch)

Cocked Or Not, Disbarment Imposed

Posted on May 15, 2009
The North Dakota Supreme Court has disbarred an attorney for, among other things, a criminal conviction for terrorizing a Fargo police officer with a gun while intoxicated. The court did agree with the attorney that the evidence did not establish...

Suspension For Escrow Violations

Posted on May 15, 2009
From the web page of the Tennessee Supreme Court: This is a direct appeal of a trial court judgment that modified a hearing panel?s order suspending an attorney from the practice of law for sixty days. The trial court did...

Breaking News

Posted on May 14, 2009
A majority of the Washington State Supreme Court has held that one of its justices may not be defended or reimbursed for the costs of defending an ethics complaint: Justice Richard Sanders seeks review of the Court of Appeals decision...

Disregarding Sympathy

Posted on May 14, 2009
The Oklahoma Supreme Court denied reinstatement of an attorney suspended for four years for a tax-related criminal conviction: The petitioner...was suspended from the practice of law for a period of fours years effective September 20, 2002. The suspension arose from...

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