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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

This Bud's For You

Posted on January 31, 2011
The Maryland Court of Appeals has held that a suspect who had waived his Miranda rights was entitled to suppress statements that he made after the interrogating police officer had stated that "this is between you and me, bud." The...

Have A Ball But Don't Ask For Bucks

Posted on January 31, 2011
The Massachusetts Committee on Judicial Ethics recently opined that a judge may participate in a bar association's educational program but may not be involved in the fund raising aspects of the affair. The question presented: You have received an invitation...

Nowhere Lawyer

Posted on January 31, 2011
A Massachusetts attorney has been indefinitely suspended for his role in attempts to sell 24 videotapes depicting John Lennon and Yoko Ono after the tapes had been stolen from their owners. The buyer in the transaction was Yoko Ono. From...

A Broker Named Desire

Posted on January 31, 2011
The web page of the Massachusetts Board of Bar Overseers reports an 18 month suspension for misconduct in three real estate transactions: The respondent was suspended for eighteen months for misconduct as a lender?s attorney in three real estate transactions...

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A Notable Character Witness

Posted on January 29, 2011
An Arizona hearing officer has recommended a suspension of 90 days and probation for two years in a complex case involving an attorney's investment advice to individuals he reasonably believed to be his clients as well as others he did...

With Or Without Cause

Posted on January 28, 2011
The New York Appellate Division for the First Judicial Department reversed an order dismissing the claim of discharged counsel for a share of fees: It appears that plaintiffs discharged appellants less than five months after the action was commenced. Whether...

Forged Contract Results In Conviction, Disbarment

Posted on January 28, 2011
A Colorado Hearing Board has disbarred an attorney who sued his former law firm for money the firm allegedly owed him for work performed. He filed as evidence a purported contract signed by his employer. The employer's signature was a...

Judge May Have Web Page

Posted on January 28, 2011
From the Florida Judicial Ethics Advisory Committee: ISSUE May a judge create and privately maintain a website designed primarily to focus high school students on college or trade school preparation? ANSWER: Yes. FACTS The inquiring judge intends to launch and...

Traveling Man Has Selective Focus

Posted on January 27, 2011
The New York Appellate Division for the First Judicial Department has imposed a one-year suspension of an attorney. According to the court's opinion, "a federal jury found that [the attorney] had indeed induced [a client] to retain him by furnishing....

Bank May Be Liable For Attorney Thefts

Posted on January 27, 2011
The New York Lawyers' Fund for Client Protection filed a subrogation action against JP Morgan Chase Bank seeking to recover about $1 million paid to 14 claimants who were victims of an attorney's misappropriation of fiduciary funds. The suit alleges....

No Per Se Ethics Violation For Failure To Pay Judgment

Posted on January 27, 2011
The Michigan Attorney Discipline Board increased a 179 day suspension that had been imposed by a hearing panel to 180 days. The significance of the extra day is that it requires the suspended attorney establish his fitness to resume practice...

Unearned Warrants Get Former Probate Judge Suspended

Posted on January 27, 2011
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio today indefinitely suspended the law license of [a] Gallipolis attorney...for cashing state payroll warrants totaling $71,405.04 in gross wages that were mistakenly issued to him between...

After Passing Bar On Eighth Try, Admission Denied

Posted on January 26, 2011
The New Hampshire Supreme Court has denied the application for bar admission of an applicant (identified as "G.W.") who sat for the bar exam seven times between 1991 and 2007 before passing in 2008. Several criminal convictions occured over that...

Never Cured

Posted on January 26, 2011
An Illinois Hearing Board has recommended a stayed four-month suspension, with one year of probation, in a matter involving the attorney's 1994 DUI conviction and a 2008 conviction for possession of marijuana. The key evidence was given by the ("triply...

Proposed Domestic Assault Sanction Too Lenient

Posted on January 25, 2011
A proposed 90 day suspension with all but 30 days stayed was rejected as unduly lenient in a case where the attorney was convicted of domestic abuse battery and child endangerment. The assault took place in the presence of minor...

Almost Back

Posted on January 25, 2011
The Mississippi Supreme Court had held that an attorney who had been suspended for three years has met the jurisdictional requirements for reinstatement. The court found that the attorney's physicians were well-qualified to opine on his fitness to practice, notwithstanding...

Sued Defense Attorney May Attack Former Client's Alibi

Posted on January 25, 2011
The New Jersey Appellate Division reversed an order quashing a subpoena in a legal malpractice case against the plaintiff's former criminal defense attorney. The plaintiff had been convicted of armed robbery and alleges negligence in the failure of his attorney...

Imperfect Appeal

Posted on January 25, 2011
From the web page of the Tennessee Supreme Court: The Board of Professional Responsibility filed a petition for discipline against [an attorney]. The hearing panel found that [he] should be disbarred, disgorge unearned fees, and pay restitution to clients...

Not Barred But Disbarred

Posted on January 25, 2011
The Maryland Court of Appeals disbarred an attorney who had never been barred in that jurisdiction. The attorney had, nonetheless, set up a law office in Rockville, Maryland. The attorney not only engaged in unauthorized practice, but falsely representing that...

Legal Consultant License Stricken

Posted on January 25, 2011
The New York Appellate Division for the Second Judicial Department has accepted the resignation of a licensed legal consultant: The resignor concedes that he is the subject of a pending investigation into allegations that he exceeded the scope of practice...

In My Opinion...

Posted on January 24, 2011
From Kentucky Court Reports: Recent unpublished COA decision addressed closing argument and personal opinions made by defense counsel. Here is an extract of that decision regarding this issue: During closing argument, defense counsel stated that ?from the bottom of [his]...

Only A Reprimand For Forgery

Posted on January 24, 2011
The New Jersey Supreme Court followed the recommendation of its Disciplinary Review Board and has imposed a reprimand in a matter in which the attorney represented two plaintiffs in a personal injury matter. The attorney settled the cases without the...

Not Enough Mitigation

Posted on January 24, 2011
The Maryland Court of Appeals has disbarred an attorney who had been the managing attorney for the Maryland office of a law firm known as Legal Helpers, P.C., a large national bankruptcy practice. The misconduct involved his signing up a...

Disciplinary Proceedings Deferred While Criminal Charges Are Pending

Posted on January 24, 2011
The Georgia Supreme Court granted the request for temporary suspension of an attorney who is the subject of felony criminal charges. Disciplinary proceedings will held deferred until the criminal case is resolved, so that the attorney not be "faced with...

Pride Before The Fall

Posted on January 22, 2011
An Arizona Hearing Officer (the always insightful H. Jeffrey Coker) has recommended a censure and probation of a young criminal defense who had run afoul of disciplinary authorities early in his career. The attorney was admitted in 2000. Hearing Officer...

Case Of The Week

Posted on January 21, 2011
The Louisiana Supreme Court has ordered the permanent disbarment of an attorney who, among other things, brought a sixteen year old "assistant" into the Bunkie Detention Center to perform oral sex on two incarcerated clients while the attorney captured the...

Gimme Shelter

Posted on January 21, 2011
A former Ernst & Young executive was disbarred by the New York Appellate Division for the First Judicial Department as a result of a criminal conviction. The court describes the offenses: The charges arose out of a scheme by respondent,...

Multiple Acts Of Dishonesty Draw Suspension, Fitness Requirement

Posted on January 21, 2011
In contrast to yesterday's decision from Wisconsin comes a case from the Pennsylvania Supreme Court imposed a year and a day suspension as proposed by its Disciplinary Board for multiple dishonest acts. The board had rejected a censure and probation....

Court Orders Civility Assessment, Suspension

Posted on January 20, 2011
The New Jersey Supreme Court imposed a three-month suspension with an assesment by the Bergen County Committee on Professionalism "for development of a program to assist [the attorney] in developing and maintaining courtesy and civility in his professional dealings with...

Negligence Allegations Sufficient To Survive Motion To Dismisss

Posted on January 20, 2011
The Mississippi Supreme Court has held that a legal malpractice suit was improperly dismissed. the plaintiff is a nursing home that had been the subject of complaints. The nursing home's insurer retained counsel to defend the claims. The nursing home...

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