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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

Reciprocal Censure For Violations In Pro Hac Vice Motion

Posted on December 26, 2008
An attorney who had accepted a censure in Montana for misconduct in connection with a motion for pro hac vice admission to a Montana federal court was reciprocally disciplined by the New York appellate Division for the Second Judicial Department....

Charges Not Proven

Posted on December 26, 2008
In a case where the Administrator had charged an attorney with ethics violations for failure to disclose a material fact in representing a client in a real estate transaction, the Illinois Review Board agreed with a hearing board conclusion that...

Law Firm Cannot Recover Fees For Representing Itself

Posted on December 25, 2008
In a case arising from a corporate receivership and dissolution action from which a law firm had withdrawn when it had been joined as a defendant, the Nevada Supreme Court held: These consolidated matters arise from an action in which...

Employee's Unauthorized Practice Draws Reprimand

Posted on December 24, 2008
In an interesting bar discipline case, the Nevada Supreme Court imposed a public reprimand on an attorney for assisting in the violation of unauthorized practice rules as a result of conduct by his employee who was admitted to practice only...

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Frequent Flyer

Posted on December 24, 2008
An attorney who had been subject to a stayed five-year suspension in Pennsylvania for submitting 34 false claims for air travel to his law firm received an identical sanction from the New York Appellate Division for the Third Judicial Department....

Immigration Attorney Disbarred

Posted on December 24, 2008
An attorney who had engaged in misconduct in a series of immigration matters was disbarred by the North Dakota Supreme Court. The attorney had charged a "nonrefundable" fee and failed to perform the services and had practiced while suspended for...

Coin Of The Realm

Posted on December 24, 2008
An attorney was disbarred by the District of Columbia Court of Appeals for serious dishonesty and related misconduct in his dealings with a business partner with whom he had a romantic relationship. The attorney was found to have drafted legal...

Headline of the Day From Skidding Denver Jet

Posted on December 23, 2008
Odd bumping noise heard on Denver plane's tape ...That would have been the kid behind me kicking my seat back, and bringing my seat back forward. One of my brothers is a pilot for American and was visiting my school...

Dreier Suspended

Posted on December 23, 2008
The New York Appellate Division for the First Judicial Department has suspended Marc Dreier: The evidence gathered by the SEC and the United States Attorney's Office, and the sworn declarations annexed to the Committee's motion, none of which are controverted,...

Alaska Bar Seeks Suspension Of Senator Stevens

Posted on December 23, 2008
JuneauEmpire.com reports: ANCHORAGE - The Alaska Bar Association says that U.S. Sen. Ted Stevens' plea to keep his law license is based on a faulty reading of the rules and a mischaracterization of the seriousness of his conviction for lying...

Judge Reprimanded

Posted on December 23, 2008
The Florida Supreme Court has issued a public reprimand of a district court of appeal judge for issuing a concurring opinion that was "motivated by ill will...and personally attack[ed] another judge of the court]." The reprimanded judge had "expressed a...

Suspension For Growing Marijuana

Posted on December 23, 2008
The Wisconsin Supreme Court has imposed a 90 day suspension for the below-described criminal conduct: The criminal conduct at issue involved two separate incidents in Illinois and Wisconsin. Illinois police conducted a search of Attorney Radcliffe's vehicle and discovered marijuana,...

Disbarred By Default

Posted on December 23, 2008
An attorney who had been suspended in May for failing to respond to complaints against him was disbarred by the New York Appellate Division for the Second Judicial Department: The petition contains one charge of professional misconduct alleging that the...

Life After Suspension

Posted on December 22, 2008
The Ohio Board of Commissioners on Grievances and Discipline has issued an advisory opinion concerning the employment limitations of a disqualified or suspended attorney. The web page of the Supreme Court summarizes the opinion as follows: Opinion 2008-7 covers the...

JAG Officer Reprimanded

Posted on December 22, 2008
An Arkansas Committee on Professional Conduct panel issued a consent reprimand to an Army captain with the Judge Advocate General's Corps who self-reported that the Department of the Army had charged him with adultery, dereliction of duty and a false...

An Important But Limited Role

Posted on December 22, 2008
An attorney was reprimanded in a Maine matter with a "complicated and protracted history [that] began in October 1998 with a complaint to the Board of Bar Overseers..." The complaint came from the opposing party of a divorce client and...

Fifth Circuit Upholds $14M Judgment Against N.O. Prosecutors' Office For Brady Violation In Capital Case: A Million For Every Year In Prison, And A Deathbed Confession By The ADA Just Before Execution

Posted on December 22, 2008
Posted by Alan Childress This eye-catching summary [and link to Friday's opinion on the U.S. Fifth Circuit website] by Robert McKnight, appellate practitioner and publisher of the Fifth Circuit Civil News and its daily updates: Thompson v. Connick, No...

ALI-ABA Ethics Hour on Negotiations Jan. 15, 2009 By Webcast or Telephone

Posted on December 22, 2008
ALI-ABA programs are usually considered quite good. Here is one, The Ethics of Negotiation, available nationwide Thurs., 1/15/09 at 1:00 eas.; accredited or potentially so in 41 listed states. Live via audio web or phone. Speakers are here, tuition is...

Sex With Client Draws Proposed Suspension

Posted on December 22, 2008
An Arizona hearing officer has recommended a 60 day suspension followed by probation where an attorney had "engaged in a sexual affair" with a client he had been retained to represent in defending a civil matter brought by her former...

We are 96 out of 100, Yay

Posted on December 21, 2008
Posted by Alan Childress In the internet voting for the ABA's Top 100 Law Blogs of 2008, we sit currently at 96th. Even all the blogs in the Quirky category are hammering us. Please do not vote [here] for our...

NOBC and APRL To Hold Mid-Year Meetings in Boston Feb. 11-14

Posted on December 21, 2008
Boston is lovely in mid-February. This announcement from NOBC, the National Organization of Bar Counsel website: "The 2009 Mid-Year Meeting will be held at the Colonnade Hotel in Boston from February 11-14, 2009." Info and registration coming soon to the...

Welcome to the Blogosphere: Constitutional Law Prof Blog

Posted on December 20, 2008
Posted by Alan Childress A belated welcome to the newest member of the Law Professor Blogs Network: Constitutional Law Prof Blog. It's edited by Steven Schwinn (John Marshall--Chicago), Ruthann Robson (CUNY), and Nareissa Smith (Fla. Coastal), and I noticed they...

A Different Kind Of Trust Account

Posted on December 20, 2008
The California Bar Journal reports that an attorney was disbarred for creating an escrow account in his nephew's name in order to shield assets from creditors: The State Bar Court found that Winrow commingled personal funds in his client trust...

Why I'm Glad I'm No Longer A Bar Prosecutor

Posted on December 19, 2008
A District of Columbia hearing committee has concluded that an attorney did not violate Rule 8.4(c) (prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation) in answering a written question on an application for temporary legal employment that asked: Have you...

Conviction Reversed, Lawyer Reinstated

Posted on December 19, 2008
An attorney who had been convicted of fraud was reinstated by the New York Appellate Division for the Second Judicial Department when the conviction was reversed for lack of evidence. The court, which had imposed automatic disbarment for the felony...

No Malpractice

Posted on December 19, 2008
An order granting summary judgment in a legal malpractice case was affirmed by the New York appellate Division for the First Judicial Department. The law firm had represented the client in an arbitration and the client (plaintiff here) was unhappy...

Weiss Disbarred

Posted on December 19, 2008
The New York Appellate Division for the First Judicial Department has entered an order disbarring Milberg Weiss partner Melvin Weiss. ...respondent admitted that beginning around the 1970's and continuing at least into 2005, he and other individuals at Milberg Weiss,...

Much Ado Over Very Little

Posted on December 19, 2008
As I have previously noted, recent revisions to the rules governing bar discipline in the District of Columbia pretty much take the Board on Professional Responsibility out of the reciprocal discipline business. The wisdom of those changes is underscored by...

New Rule Proposals In Pennsylvania

Posted on December 18, 2008
Pennsylvania is considering amendments to its bar discipline rules that would, among other things, create a new catagory of administrative suspension for non-disciplinary reasons such as failure to fulfill continuing legal education obligations and non-payment of bar dues...

A Second Bite At The...

Posted on December 18, 2008
A criminal defendant who had entered a plea of guilty sought to vacate the plea on the grounds that it had not been knowingly and intelligently entered. The South Dakota Supreme Court agreed and vacated the plea. The defendant's name...

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