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Academic

Legal Profession Blog 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

Recent Entries: 3635

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Multiple Failures

Posted on April 16, 2009
From the web page of the Minnesota Supreme Court: Suspension from the practice of law for 60 days is warranted for lawyer who failed to file individual income tax returns, failed to report income to taxing authorities, failed to maintain...


That Time of Year: Exam Tips for Law Students Reloaded

Posted on April 16, 2009
Posted by Alan Childress Maybe it is actually too late for some of the more useful exam-taking tips (like listen and engage during the course, and study hard), but I thought I would point to some good advice for test-takers...


El Dorado, the Cusp, and Cost-Benefit Analysis

Posted on April 16, 2009
Posted by Jeff Lipshaw Several times over the years I've quoted Robert Louis Stevenson: "to travel hopefully is a better thing than to arrive." I decided to find the source of the quote, and it is in the essay "El...


Trust Account Violations Lead To Disbarment

Posted on April 16, 2009
The South Carolina Supreme Court disbarred an attorney for misconduct primarily involving the operation of his trust accounts. He had a general practice that featured a high volume of real estate closings. He was the sole signatory on trust accounts....


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Better Judging Through Education

Posted on April 16, 2009
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today announced the adoption of amendments concerning continuing judicial education requirements. The amendments to Rule IV, Section 2 of the Rules for the Government of the...


Fair Response

Posted on April 16, 2009
The Maryland Court of Appeals held that a prosecutor's rebuttal closing argument fairly commented on the closing argument of defense counsel. Defense counsel had called the jury's attention to potential witnesses that the State had not called and suggested that...


Robertson on Lawyers' Identity, Judgment, and Cognitive Bias

Posted on April 16, 2009
Posted by Jeff Lipshaw Cassanda Burke Robertson (Case Western, left) has posted Judgment, Identity, and Independence on SSRN. Here's the abstract: Whenever a new corporate or governmental scandal erupts, onlookers ask "Where were the lawyers?" Why would attorneys not have...


LPB Still in Top 35 of Law Prof Blogs, Says TaxProf Sitemeter Survey

Posted on April 16, 2009
Posted by Alan Childress Because of the many ethical readers and other occasional lurkers here (and we do thank you), TaxProf Blog's latest survey of traffic on blogs by U.S. law professors ranks The Legal Profession Blog as number 31...


Admission Denied Due To Unpaid Student Loans

Posted on April 16, 2009
The New York Appellate Division for the Third Judicial Department denied the application for bar admission of an applicant who had passed the February 2008 bar exam. The applicant disclosed student loans with a total balance of $430,000. He professed...


Drunk Drag Racing Results In Death, Bar Resignation

Posted on April 15, 2009
The Oklahoma Supreme Court accepted the resignation of an attorney as a result of the following criminal conduct: The charges in Tulsa County District Court Case No. CF-2008-1108, stemmed from occurrences on December 22, 2007, when Respondent was drag racing...


How To Find A New Practice Specialty

Posted on April 15, 2009
The Maryland Court of Appeals disbarred an attorney based on findings that he had committed prejury by filing false business reports under oath in bankruptcy proceedings and had flagrantly disobeyed court orders. The attorney had moved to Maryland after serving...


Fatal Attraction

Posted on April 15, 2009
The Maryland Court of Appeals imposed an indefinite suspension of at least 24 months on an already suspended attorney who had engaged in a romantic relationship with a client. When the client raised concerns about how the personal relationship might....


A Reasonable Fee

Posted on April 14, 2009
An attorney was retained by the father of a deceased child to prosecute a wrongful death action. The father and the lawyer agreed to a 1/3 contingency fee. The case was settled for the defendant's insurance policy limit of $300,000....


Fargo

Posted on April 14, 2009
It's a day for cases involving discipline against pistol packing lawyers. The North Dakota Supreme Court has a case scheduled for dispostion today in which the Disciplinary Board has recommended disbarment. The attorney's issue on appeal: Does the record support...


Disbarment For Bank Robbery

Posted on April 14, 2009
The Louisiana Supreme Court permanently disbarred as a result of his conviction for armed bank robbery and brandishing a firearm during a crime of violence. He had "entered the bank and requested to open a new accountand rent a safety...


Third Party Exception To American Rule

Posted on April 14, 2009
The New Jersey Supreme Court has held that the third-party exception to the American Rule governing counsel fees does not apply in a circumstance where the tortfeasor and the putative third party are effectively the same. The case involved an...


A Problem With Authority

Posted on April 14, 2009
A Louisiana hearing committee has recommended the disbarment of an attorney with "a previous history of instituting legal actions against judges and court personnel when they, acting in their official capacities, seek to curtail [his] misconduct as an attorney...


Proposed Changes In California Bar Discipline

Posted on April 13, 2009
The California Bar Journal reports: Attorneys who have been disbarred twice will lose their license permanently if the Supreme Court approves a proposal from the State Bar Board of Governors. A stronger proposal, approved by the board in 2006 that...


Not Ineffective Assistance

Posted on April 13, 2009
An undocumented alien who had pleaded guilty to a felony drug offense was unable to establish that his attorney provided ineffective assistance of counsel for failing to advise him that deportation was certain as a result of the plea. The...


Improving Prosecutorial Accountability

Posted on April 13, 2009
The Justice Project has released its report on prosecutorial misconduct, along with the following press release: The Justice Project (TJP) released today a report detailing the causes of prosecutorial misconduct and how reforms can prevent prosecutorial errors that lead to...


Ethics Code For Mediators

Posted on April 13, 2009
The North Dakota Supreme Court is considering adoption of a proposed code of ethics for mediators. The court states: The purpose of this Code of Ethics is to provide standards of ethical conduct to guide mediators who provide mediation services,...


Unconditional Exclusion

Posted on April 13, 2009
The Delaware Supreme Court took disciplinary action against another former Milberg Weiss attorney last week. A report from USA Today describes the attorney's role in the criminal case: Known as the "money man," Bershad collected cash from conspiring partners and...


Fee Apportionment Affirmed

Posted on April 13, 2009
A decision from the New York Appellate Division for the First Judicial Department in a fight over legal fees between two law firms: Order...in a dispute between plaintiff's outgoing and incoming counsel as to the division of a $1,000,000 contingency....


Philosophers of the Cusp: Evidence of Twice-Born Empiricism?

Posted on April 12, 2009
Posted by Jeff Lipshaw Surfing around this morning on William James' (right, Harvard) concept of the "twice-born" soul, I found a piece by Charles Taylor that describes it well, and helped me "theorize" two bits of data from the morning...


Washington Post's Annual Peeps Show: 2009 Finalists & Winner

Posted on April 12, 2009
Posted by Alan Childress It is that time of year again, and quite a tradition that the Washington Post started recently. It caught on this year quite well, and great finalists abound, with a photo gallery and story here linked....


Do Attorney-Arbitrators Hand Out Less Money Than Nonattorney-Arbitrators? Do Democrats Award More Than Republicans? Empirical Study of Lawyers, Arbitrators, and Panel Dynamics

Posted on April 11, 2009
Posted by Alan Childress Stephen Choi (NYU Law), Jill Fisch (U. Penn.), and Adam C. Pritchard (U. Mich. Law) have posted to bepress their new paper, "Attorneys as Arbitrators." It looks interesting for the empirical fans among us (like Jeff's...


Judge Reprimanded

Posted on April 11, 2009
A Tennessee general sessions court judge was reprimanded by the Court of the Judiciary for comments made on the bench and elsewhere that demeaned court employees. The judge referred to one employee with the last name of Hill as "Liar...


When Writing Multiple Choice Questions, Law Professors Should (a) Understand the Components of Good Questions, (b) Allow Justifications, (c) Read the Linked Article, or (d) All of the Above

Posted on April 10, 2009
Posted by Jeff Lipshaw My Suffolk colleague, Janet Fisher (right), has posted Multiple-Choice: Choosing the Best Options for More Effective and Less Frustrating Law School Testing (Vol. 37, Capital University Law Review, p. 119, 2008). Here's the abstract: Multiple-choice testing...


Get Back

Posted on April 10, 2009
An attorney suspended in Tennessee was reciprocally suspended in Mississippi. He had entered into an alcohol rehabilitation agreement but failed to maintain sobriety. He also engaged in practice while on suspension. He was reinstated in Tennessee and now resides in...


Lawyers, Bankers, and Explananda

Posted on April 10, 2009
Posted by Jeff Lipshaw In this morning's Wall Street Journal, James Freeman, an assistant op-ed page editor, reviews a book about James Dimon (The House of Dimon) written by one Patricia Crisafulli. I came for the gratuitous dig at lawyers,...


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