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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

Stress Does Not Cause Dishonesty

Posted on January 20, 2011
The Wisconsin Supreme Court has imposed a four-month suspension of an attorney for a number of ethical violations that included overbilling the state public defender in numerous matters and falsely telling a judge in a litigated matter that he had...

Nearly Disbarred

Posted on January 19, 2011
The Wisconsin Supreme Court has imposed a suspension of four years and eight months of an attorney who was found to have engaged in a sexual relationship with a particulary vulnerable client. The court described the client: The misconduct at...

No Ordinary Citizen

Posted on January 19, 2011
The District of Columbia Court of Appeals rejected the proposed one-year suspension of its Board on Professional Responsibility and imposed a three-year suspension with fitness in a matter involving "multiple violations of the rules prohibiting dishonest conduct...

The Nanny's Tale

Posted on January 19, 2011
A recent Illinois Hearing Board recommendation proposes a five-month suspension in a 66 page report that tells a complex tale of an attorney's involvement with a family of clients. The attorney, admitted in 1966, represented a husband and wife in...

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Magistrate Misdemeanor

Posted on January 18, 2011
The Pennsylvania Court of Judicial Discipline has concluded that a former magisterial judge engaged in sanctionable conduct as a result of his guilty pleas to forgery, identity theft and perjury (first degree misdemeanors) as well as false signatures in nominating...

A Problem Of Proof

Posted on January 18, 2011
A decision issued today by the New York Appellate Division for the First Judicial Department in a probate matter is quoted in full: Order, Surrogate's Court, New York County (Kristin Booth Glen, S.), entered on or about June 7, 2010,...

Night Of the Hunter

Posted on January 18, 2011
The New York State Commission on Judicial Conduct has censured a non-attorney town court justice for intervening in a matter that involved the complaint of his son about a hunter trespassing on the son's property. The commission's press release notes...

Self-Report Mitigates Sanction

Posted on January 14, 2011
The Louisiana Supreme Court agreed with the recommendation of its Attorney Disciplinary Board and imposed a six-month suspension with all but thirty days stayed in a case where an assistant district attorney had used her position to assist a lifelong...

Blood Libel

Posted on January 14, 2011
The New York Appellate Division for the First Judicial Department has disbarred an attorney convicted of identity theft and other offenses, concluding that as a result his felony offenses under state law that he ceased to be an attorney by...

Neither Judge Or Lawyer

Posted on January 14, 2011
The Louisiana Supreme Court accepted the permanent resignation of impeached federal judge G. Thomas Porteous, Jr. The court ordered that he be permanently prohibited from the practice of law. (Mike Frisch)

No Second Bite

Posted on January 13, 2011
The Wasdhington State Supreme Court has disbarred an attorney convicted on plea of guilty to securities and mail fraud. The court rejected the attorney's claim that the bar rule that the conviction conclusively establishes the criminal conduct violates due process...

Nonrefundable Mitigation

Posted on January 13, 2011
The North Dakota Supreme Court has imposed a reprimand, rather than the 30 day suspension proposed by its Disciplinary Board, in a matter involving an attorney who had failed to appear for a hearing after his request for a continuance...

D.C. Finds First Ever "Extraordinary Circumstance"

Posted on January 13, 2011
The District of Columbia Court of Appeals for the first time since its en banc Addams decision in 1990 has found an "extraordinary circumstance" that overcomes the presumption of disbarment in a case involving intentional misappropriation. The division of the...

Firm Pays For Dates, Disbarment Imposed

Posted on January 12, 2011
The New Jersey Supreme Court has imposed disbarment as recommended by its Disciplinary Board of a former Fox Rothschild and Margolis Edelstein partner for what the board described as a "premeditated, continuous, and extensive fraudulent scheme" relating to the submission...

No Delite

Posted on January 12, 2011
The Hawai'i Supreme Court denied a petition for reinstatement of an attorney who was suspended for five years in 2005. The court concluded that extended consideration of the petition was not necessary in light of his representation of a company...

A Matter Of Public Record

Posted on January 11, 2011
The New York Appellate Division for the First Judicial Department has disbarred an attorney convicted by a jury of immigration fraud: The criminal charges against respondent alleged that from in or about 2000 to in or about 2008, respondent and...

Brownie's Will

Posted on January 11, 2011
An Illinois hearing board has recommended a censure of an 81 year old attorney who wrote a series of wills for a client that gave, among other things, a round antique occasional table to the attorney 's wife. The attorney...

A Distraction

Posted on January 10, 2011
The Georgia Supreme Court has ordered a three-year suspension of an attorney for misconduct the representing a client in a case alleging violation of a municipal ordinance. the client was foungd guilty and sentenced to three days in jail and...

Anger Management

Posted on January 10, 2011
An attorney convicted of simple assault was suspended for nine months by the South Carolina Supreme Court. The suspension was imposed nunc pro tunc to the date of his interim suspension. The attorney also must successfully complete a course in...

Drive-By Representation Draws Reprimand

Posted on January 10, 2011
An Illinois hearing board has imposed a reprimand of an attorney for his representation in a domestic relations matter. The text of the reprimand: During the course of your representation of [the husband] in his domestic relations matter, you knew...

The Paperless Chase

Posted on January 08, 2011
A recent opinion of the District of Columbia Bar Legal Ethics Committee deals with obligations to maintain client files. The opinion summary: As a general matter, there is no ethical prohibition against maintaining client records solely in electronic form, although...

Great Strides Not Sufficient To Secure Reinstatement

Posted on January 07, 2011
The Mississippi Supreme Court has denied the second reinstatement petition of an attorney disbarred in 2004. The petitioner was convicted in federal court on charges that he had paid a deputy sheriff to absent himself as a witness in five...

If I Were A Carpenter

Posted on January 06, 2011
The Illinois Administrator has filed an amended complaint in a case where an attorney is alleged to have made a false statement to obtain health care benefits. The attorney was retained by a carpentry and siding contractor which was a...

No Excuse

Posted on January 06, 2011
A Louisiana hearing committee has recommended disbarment in a one-page report that notes that the accused attorney and the Bar had entered into a stipulation that the attorney violated ten ethics rules over a period of eight to ten years....

The Fixer

Posted on January 06, 2011
A Louisiana hearing committe has recommended permanent disbarment of an attorney who had "pleaded guilty to accepting bribes in exchange for fixing criminal matters filed and pending in Baton Rouge City Court..." The attorney was a senior prosecutor who failed...

One License Left Standing

Posted on January 06, 2011
An attorney who was disbarred in Delaware and then reciprocally disbarred in Pennsylvania has been sanctioned with a public censure by the New Jersey Disciplinary Review Board. The attorney had defaulted on the Delaware charges, which involved engaing in and...

No Privity

Posted on January 05, 2011
After the settlement of a divorce case, the ex-wife sued the ex-husband for fraud based on the submission of "deceptive, misleading, and incomplete information" to an independent appraiser who had valued the husband's business. The matter was settled while a...

Four Divorce Matters

Posted on January 05, 2011
From the January 2011 California Bar Journal: [An attorney] was suspended for three years, stayed, placed on five years of probation with a two-year actual suspension and until she proves her rehabilitation, and she was ordered to take the MPRE...

Be Not Afraid To Run For Office

Posted on January 04, 2011
The Montana Supreme Court has concluded that a public reprimand recommended by the Judicial Standards Commission cannot be imposed against the justice of the peace of Big Horn County (Leroy Not Afraid ) who ran for the tribal office of...

"A Triable Factual Issue"

Posted on January 04, 2011
The New York Appellate Division for the First Judicial Department has held that summmary judgment was improperly granted to a law firm suing for unpaid fees: Summary judgment was improperly granted on plaintiff's account stated cause of action. Plaintiff alleges...

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