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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

Not In Jest

Posted on April 27, 2009
The New York Appellate Division for the Fourth Judicial Department imposed a term of suspension of two years or until federal probation is terminated, whichever period is longer of an attorney convicted of conspiracy to violate the Mann Act, which...

Yes, With Restrictions

Posted on April 27, 2009
A new opinion from the Oklahoma Judicial Ethics Advisory Panel: Question(s): May a judge, at night and non working days, be employed in checking land records for persons engaged in oil and gas leasing operations? Facts: The judge asks if...

Put It In Writing

Posted on April 26, 2009
An Arizona hearing officer has recommended a censure with one year of probation for misconduct that involved, among other things, violating Arizona Rule 1.5 (b). The attorney had twice raised his hourly fee by $25 without notifying the client of...

Unauthorized Practice By Suspended In-House Counsel

Posted on April 24, 2009
An Arizona hearing officer has recommended a six-month suspension retroactive to early March of an attorney who had engaged in unauthorized practice for serving as chief legal officer of two corporate entities while suspended in Arizona for CLE non-compliance...

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Stay Away From The MBTA

Posted on April 24, 2009
The Massachusetts Supreme Judicial Court accepted the resignation and ordered the disbarment of an attorney convicted of open and gross lewdness, assault and batttery, and indecent exposure. According to a summary on the web page of the Board of Bar....

Campaign Contribution From Entrusted Funds Draws Suspension

Posted on April 24, 2009
The Louisiana Supreme Court suspended an attorney for misconduct that included using entrusted funds to make a contribution to his campaign for a judicial district court judgeship. After a remand from the court that questioned the sufficiency of a fully-probated...

New Blog on Complexity Models and the Law

Posted on April 23, 2009
Posted by Jeff Lipshaw There's a new entrant to the legal blogosphere - the Computational Legal Studies blog - run by Dan Katz and Michael Bommarito at the University of Michigan. Katz and Bommarito are both Ph.D. candidates in political...

CLE Obligations With Teeth

Posted on April 23, 2009
The Pennsylvania Supreme Court has imposed disbarment by consent of an attorney who had not notified clients and courts of his suspension for failure to comply with mandatory CLE obligations. He also undertook a new matter after taking CLE courses...

Special Counsel Not Needed

Posted on April 23, 2009
The Minnesota Supreme Court has imposed an indefinite suspension of at least two years for violating eight Rules in connection with his representation and employment of client "X." He had denied the allegations that he had testified falsely, submitted false...

"A More Than Reasonable Belief"

Posted on April 23, 2009
The New Jersey Appellate Division has held that the trial judge in a domestic relations matter had improperly failed to recuse himself from the case. The judge had been a law partner of the attorney for the party seeking recusal...

The Joys Of Being Bar Counsel

Posted on April 23, 2009
There are times when the often thankless job of disciplinary counsel has its rewards. For me, many if not most of those times involved cases where I had taken an exception and argued a position contrary to that of the...

No Need to Remand

Posted on April 22, 2009
The Illinois Review Board rejected a hearing board's finding of no misconduct in a matter where a lawyer had submitted inaccurate caseload information in order to secure a grant for a legal services agency, based on her supervisor's assurances that...

It's the Most Wonderful Time of the Year

Posted on April 22, 2009
Posted by Jeff Lipshaw We're heading into our last couple days of classes, and I saw a colleague (who will remain nameless) bouncing his way down the hallway with a disgustingly cheerful air, and what we used to refer to...

A Sad Situation

Posted on April 22, 2009
The Pennsylvania Supreme Court imposed a 15 month suspension, backdated to an interim suspension, of an attorney convicted of offenses related to drug possession. The attorney also had been criminally charged with misapplication of entrusted property involving over $500, 000...

Career Ends In Revocation

Posted on April 22, 2009
A Virginia attorney has consented to the revocation of his law license. The Bar Counsel had sought an expedited hearing on charges that the attorney had loaned himself over $4 million in entrusted funds from an estate. The Bar was...

Trifecta Of False Statements Proven

Posted on April 22, 2009
An Illinois Hearing Board has recommended a three year suspension in the much publicized case involving an attorney who had failed to disclose information in his admission application to the University of Chicago Law School, altered his law school transcript...

No Examination Required

Posted on April 21, 2009
The Washington State Court of Appeals, Division II, reversed the one-year license suspensions of three exotic dancers, concluding that the dancers had been denied due process. The conduct that led to the suspensions was described by the court: On January...

Unethical Speeding?

Posted on April 21, 2009
A lawyer was suspended by consent for four months in South Carolina, retroactive to an interim suspension, in connection with five matters. Three involved speeding--one driving 140 mph in a 70 zone. A fourth matter involved a traffic stop during...

Ohio Supreme Court Sustains Claim Of Privilege

Posted on April 21, 2009
The web page of the Ohio Supreme Court reports a ruling from the court: The Supreme Court of Ohio ruled today that an investigatory report prepared by a private law firm on behalf of a public agency is covered by...

Intent Finding Key To Sanction Determination

Posted on April 21, 2009
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today suspended the law license of Hinckley attorney Kenneth L. Lewis for one year for forging the signature of a judge on a draft judgment entry...

Email As Evidence Of Misconduct

Posted on April 21, 2009
A South Carolina attorney was reprimanded by consent for misconduct during the course of the representation of a client in a divorce matter. The evidence against the lawyer consisted in part of email responses to client inquiries about the status...

An Unreasonable Fee?

Posted on April 20, 2009
The web page of the Tennessee Board of Professional Responsibility reports that a Nashville attorney has been suspended on an interim basis. The Board alleges that the attorney poses a substantial harm to the public based on charges that he...

Important Decision On Bar Confidentiality

Posted on April 20, 2009
The Louisiana Supreme Court has dismissed disciplinary charges against two attorneys who had been charged with violating bar rules mandating confidentiality of disciplinary proceedings . The court held that the rule violated the First Amendment of the United States Consitution...

Reality Bites

Posted on April 20, 2009
An Arizona hearing officer recommends the censure of an attorney admitted in April 2005 based on a proposed consent disposition. The attorney was the subject of two complaints. When a divorce client filed a bar complaint in July 2008, he...

Academia

Posted on April 18, 2009
Over at John Flood's RATs blog site -- he is a British law-and-society prof who occasionally does stateside duty teaching legal ethics in U.S. law schools -- John posts the wonderful cartoon below, debates a commenter over whether the joke...

When It Rains It Poors: Now Texas Has Revoked License of Solo Practitioner For Unpaid Student Loan Debt

Posted on April 18, 2009
Posted by Alan Childress As a follow-up to Mike's story Thursday on the New York bar applicant who was denied admission for student load debt, consider that even existing law licenses are at risk. The National Law Journal's Leigh Jones...

Full Contingent Fee Earned

Posted on April 17, 2009
The Nebraska Supreme Court has held that a firm firm that had promptly secured the settlement of a serious personal injury matter was entitled to enforce a 1/3 contingent fee argeement entered into by the client. After an earlier remand...

Credit For Time Served

Posted on April 17, 2009
From the Web page of the Ohio Supreme Court: The license of [a] Cincinnati attorney...has been indefinitely suspended by the Supreme Court of Ohio for failing to refund unearned legal fees, failing to notify clients that he had allowed his...

Credibility Findings Favor Lawyer

Posted on April 17, 2009
A 60 day suspension was imposed by the Maryland Court of Appeals in a disciplinary case involving three separate matters. The court sustained the hearing judge's finding of no misconduct for the lawyer's failure to disclose two traffic tickets in...

No Free Lunch

Posted on April 17, 2009
The Kansas Supreme Court censured an in-house corporate attorney who ate meals in the company cafeteria (run by an independent vendor) and left without paying. After he had been observed on several occasions, a video camera was installed to catch...

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