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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

Get In Line

Posted on February 23, 2009
A law firm represented an insurance company that went into receivership had sought priority of payment in connection with their pre-liquidation legal services. The New Hampshire Supreme Court affirmed a trial court's ruling that general litigation services rendered and payable...

Trailing Yew Out

Posted on February 22, 2009
An attorney was disbarred by the Supreme Judicial Court of Maine based on charges brought in two matters. The accused attorney did not appear to contest the allegations. One matter involved his conduct as trustee for a trust that had...

Final Notice

Posted on February 22, 2009
The final notice of the revocation of the law license of former Detroit Mayor Kwame Kilpatrick was issued on February 18. The Michigan Attorney Discipline Board had rejected the attempt to set aside the earlier agreed-to revocation. (Mike Frisch)

Just Slow Down

Posted on February 22, 2009
The Michigan Bar Discipline Board approved a consented-to reprimand of an elected county prosecutor who had arranged for the dismissal of a speeding ticket issued to his adult step-son. The step-son was residing with him. He had entered a no...

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Two More Years

Posted on February 20, 2009
An attorney who had suspended for 18 months was suspended for an additional two years by the Pennsylvania Supreme Court. While on suspension, the attorney had appeared as counsel for her sister in a criminal case and failed to advise...

Where's Bluto?

Posted on February 20, 2009
The Iowa Supreme Court affirmed a judgment in a case brought by the Phi Delta Theta fraternity against the University of Iowa and its Dean of Students. The fraternity had been charged with hazing and alcohol violations. A former pledge...

Donations Gladly Accepted

Posted on February 20, 2009
A rather remarkable case imposing bar discipline for prosecutorial misconduct was decided today by the Iowa Supreme Court. The accused attorney had served as the elected county attorney for Cass County. He induced a significant number of illegal plea bargains...

Conversion Finding Upheld

Posted on February 20, 2009
The Illinois Review Board has recommended a two-year suspension with restitution of an attorney in connection with his representation of a driver and passenger in an accident case. The misconduct is not for conflict of interest between the clients; rather,...

It Adds Up To Proposed Disbarment

Posted on February 19, 2009
An Illinois hearing board has recommended that an attorney be disbarred for misconduct that includes filing frivolous litigation, unwarranted attacks on a judge and failure to appear in proceedings resulting in two warrants for his arrest. The attorney is also...

No Suspension, No Domestic Cases

Posted on February 19, 2009
An Arizona hearing officer accepted a tender of admissions from disciplinary counsel and an attorney charged with misconduct and has recommended no censure and/or reprimand and probation for not less than one or more than two years. The attorney had....

Competing With Client Draws Long Suspension

Posted on February 19, 2009
The Florida Supreme Court rejected as unduly lenient a referee's proposed 90 day suspension and probation for an attorney who had engaged in a serious conflict of interest and imposed a suspension of 18 months with fitness. The lawyer represented...

After Glow Golf

Posted on February 19, 2009
A woman alleged that she had suffered a permanent brain injury when struck by a golf ball while playing "glow golf" at a golf club's "Annual Nite Lite Outing." Glow golf "involves golfing at night while using glowing golf balls...

Judges And Politics

Posted on February 19, 2009
A report from today's TwinCities.com, courtesy of the North Dakota Supreme Court web page, on a federal district court decision concerning political activities of judges: Wisconsin judges can join political parties, endorse partisan candidates for office and solicit campaign donations...

Second Disbarment

Posted on February 19, 2009
An attorney who had defaulted in New York on charges of misconduct involving a sex assault on a client was disbarred by the Appellate Division for the Second Judicial Department. The court summarized the allegations and contentions of the attorney:All...

Those Pesky Nonrefundable Fees

Posted on February 19, 2009
The New York Appellate Division for the Second Judicial Depaartment has publicly censured an attorney for neglect and charging a nonrefundable retainer. The court found misconduct on the following facts:Charge four alleges that the respondent employed an unenforceable and improper...

A Member Of The Club

Posted on February 18, 2009
The controversy generated by the District of Columbia Bar's attack on Avvo continues. Carolyn Elefant has questioned whether her mandatory bar dues should be spent pursuing litigation that she opposes. An Avvo -related web page has posted the following threatening...

Cell Phone Unauthorized Communication With Opposing Party

Posted on February 18, 2009
An order entered by the Supreme Judicial Court of Maine suspended an attorney for six-months and one day. In one instance of misconduct, the attorney was talking to his client about an agreement with the opposing party. The client was...

Billing Fraud Suspension

Posted on February 18, 2009
The South Carolina Supreme Court imposed a nine-month suspension of an attorney who had returned to South Carolina after a decade of practice based on his admission in New York and New Jersey. He joined a firm as an associate...

Client Names Are Confidential

Posted on February 17, 2009
Posted by Alan Childress Ed Poll of LawBizBlog writes that client names are confidential, such that a lawyer's marketing of his or her past successes is basically different from how other occupations can tout their experiences and connections. (Ed would...

ABA Offers New Resource To Follow Legal Malpractice Law and Issues Covering 50 States

Posted on February 17, 2009
Posted by Alan Childress Paul Koning of the Dallas office of K&L Gates passes along this ABA announcement and link.The ABA Litigation Section's Professional Liability Litigation Committee is proud to announce the launch of its 50 State Survey of Legal...

Bar Discipline Discovery

Posted on February 17, 2009
In an appeal of the Office of Lawyer Regulation ("OLR") from a referee's order granting an attorney charged with misconduct "full access" to OLR's internal case files, the Wisconsin Supreme Court held the the order was overbroad and therefore quashed...

No Ethical Violation

Posted on February 17, 2009
In an appeal of a reprimand of a lawyer found below to have failed to diligently represent a client charged with a speeding ticket, the Wisconsin Supreme Court found no violation and dismissed the disciplinary matter:Attorney Ginsberg disputes the referee?s...

Parking Lot Incivility

Posted on February 17, 2009
A Michigan attorney was reprimanded based on a hearing panel finding that his "post-hearing conduct in a courthouse parking lot, where he used intemperate language, constituted professional misconduct..." The attorney and the Grievance Commissioner agreed to the reprimand in light...

"Worst Pun of All Time?"

Posted on February 17, 2009
So debates the University of Pennsylvania blog on language (though their commenters' pedantic debate is over whether it is a mondegreen not a pun), at this link, with hat tip to Minor Wisdom. It even beats something I said in...

Choice Of Counsel

Posted on February 16, 2009
The Oklahoma Court of Criminal Appeals affirmed the first degree murder conviction of a mother for the death of her six-year old child. The trial court had disqualified retained counsel based on a claimed conflict of interest based on his...

Don't Ignore A Court Order

Posted on February 16, 2009
An Arizona hearing officer has recommended a 30 day suspension with one year probation of an attorney who has practice for over 30 years without prior discipline. He had been an assistant district attorney and had little federal criminal experience.....

Notice To D.C. Bar Members

Posted on February 16, 2009
From the web page of the District of Columbia under the header "Important Notice to the Membership about Avvo":D.C. Bar members have inquired about the nature of the D.C. Bar?s relationship with Seattle-based Avvo, Inc., an Internet-based for-profit attorney marketing...

Third Time Is No Charm

Posted on February 16, 2009
An attorney admitted in 1987 in Louisiana was convicted of making knowing false official statements and using controlled substances. At the time, he was an attorney on active duty with the Navy Reserve. The Louisiana Supreme Court suspended him for...

Resignation Merits Reciprocal Discipline

Posted on February 16, 2009
An interesting issue of reciprocal was addressed recently by the full Massachusetts Supreme Judicial Court. The attorney had first been admitted in Connecticut. While serious bar charges were pending in Connecticut, the attorney returned to South Africa and did not...

Carpe Per Diem! (Seize The Expense Account!) and Come To New Orleans Mar. 7 For PILF Auction

Posted on February 15, 2009
Posted by Alan Childress Tulane Law School's very ambitious good-deed-doers, the Public Interest Law Foundation, has the announcement below (and those over 30 will appreciate the flip-flop notice). I recommend a weekend trip to New Orleans for: (1) our best...

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