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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

Hazards Of Flying First Class

Posted on October 01, 2008
An associate attorney of a law firm was sent from Chicago to Santa Ana, California for a deposition. He obtained economy class reservations for the flight from O'Hare. At the self-service kiosk, he inadvertently upgraded to first class, resulting in....

Stay Out

Posted on October 01, 2008
Effective today, the Maine Supreme Judicial Court has entered an order that bars law enforcement officers, probation officers, lawyers, juvenile caseworkers, and members of the public into the clerks offices of the Superior, District, and Supreme Judicial courts...

Sloshing Capital

Posted on September 30, 2008
Posted by Jeff Lipshaw If you want some sane commentary these days, try reading David Brooks in the New York Times. His column yesterday on the defeat of the bail-out bill was entitled "Revolt of the Nihilists." Here's a taste:...

Pet Death Results In Lawsuit

Posted on September 30, 2008
The Washington State Court of Appeals Division I has held that claims against a veterinarian arising out of the death of the plaintiff's pet are not governed by the medical malpractice statute and, thus, that claims other than professional negligence...

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"A Solemn Proceeding"

Posted on September 30, 2008
A judge was ordered to appear before the Florida Supreme Court for administration of a public reprimand. The sister of his former law partner was arrested for domestic battery against her husband. Even though the matter was not assigned to...

Piercing The Corporate Veil In Ohio

Posted on September 30, 2008
The Ohio Supreme Court issued a decision today that modifies the court's position on piercing the corporate veil. The decision is summarized on the court's web page: In a decision announced today, the Supreme Court of Ohio held that when...

Breach Of Trust

Posted on September 30, 2008
An attorney who had accepted fees in cash that were due to her law firm but placed the fees in a personal account was suspended for two years by the South Carolina Supreme Court. She had been convicted of a...

AALS Professional Responsibility Section Newsletter Is Fresh Off the Presses

Posted on September 29, 2008
Posted by Alan Childress The AALS Section of Professional Responsibility puts out a quarterly newsletter that is a gold mine (and today gold is worth its weight in gold) for any professor, student, lawyer, judge, or citizen interested in issues...

Delay In Filing Charges Does Not Result In Dismissal

Posted on September 29, 2008
A hearing committee of the D.C. Board on Professional Responsibility recommends a 60 day suspension of an attorney who had engaged in extensive commingling, used his escrow account to shield his assets from creditors, and sent a letter that made...

More Than Role Playing

Posted on September 29, 2008
The West Virginia Supreme Court annulled an attorney's license and ordered two years of supervised probation, among other conditions, upon reinstatement. The attorney had paid one Curtis Griffin to locate an individual that he had hired to renovate his office...

Practice Interrupted

Posted on September 28, 2008
The New York Appellate Division for the Second Judicial Department rejected a plea to practice without interruption made on behalf of an attorney convicted of an unclassified misdemeanor for driving under the influence. He had been involved in an accident...

The AIG Deal

Posted on September 27, 2008
Posted by Jeff Lipshaw This is what it feels like when you are on the inside of a deal. Can it really be that the AIG bail-out is old news, since trumped by the bigger bail-out bill, the WaMu seizure...

Post-Discipline Contentions Rejected

Posted on September 26, 2008
The Supreme Court of Florida rejected a collateral attack on a previously imposed disciplinary sanction imposed against Montgomery Blair Sibley. He had contended`that the order of discipline was improperly entered because the judges had failed to take the prescribed loyalty...

Suspension Insufficient

Posted on September 26, 2008
The web page of the Ohio Supreme Court notes a decision issued yesterday: Cincinnati attorney Donald M. Powers Jr. has been disbarred for his participation in a criminal real estate ?flipping? scheme in which a title company that he partly...

Michigan's New Admissions Policy

Posted on September 25, 2008
[posted by Bill Henderson, cross-posted at ELS Blog] Over at Moneylaw, rankings guru Tom Bell (Chapman) breaks an important story: The University of Michigan Law School has introduced the new Wolverine Scholars program, which is a special admissions program for...

Credit Addicts and Their Enablers

Posted on September 25, 2008
Posted by Jeff Lipshaw There's an old joke (I guess it's a joke) about a person searching for a lost wallet at night under a street light. "But you lost it over there," says a bystander, pointing down the street....

Suit Filed Against Louisiana Bar For Its New Attorney Ad Restrictions

Posted on September 25, 2008
Story here reported in the Baton Rouge media about a constitutional challenge in federal court, filed by local attorneys, to Louisiana's recent restrictions on lawyer ads. [Hat Tip to a student in my ethics class, Jason Kelley.] The new rules...

Less Than Disbarment And Less Than Justified

Posted on September 25, 2008
An attorney practicing primarily in Umpire, Arkansas accepted a three-year consent suspension that was approved by the Arkansas Supreme Court. The attorney was also a certified public accountant and financial planner. A client that had (through other counsel) secured a...

No Suspension

Posted on September 25, 2008
The Minnesota Supreme Court entered orders in two disciplinary matters today, imposing supervised probation in both cases. One attorney was charged with neglect of a single matter leading to a default and false statements to the bar's investigator. The bar...

Less Than Disbarment

Posted on September 25, 2008
The New York Appellate Division for the Third Judicial Department declined to impose disbarment in a matter arising out of the attorney's conviction for a misdemeanor offense of filing a false instrument. The attorney had filed a false adotion petitionthat...

Watch Your Email SEND List: Another Cautionary Tale

Posted on September 24, 2008
Posted by Alan Childress This blog and Legal Ethics Forum have posted several examples of lawyer disasters stemming from sending emails to the wrong person or leaving metadata embedded. Same can happen in politics. The Colorado Independent today reports that...

Breaking News: Sen. McCain Asks Obama To Postpone Debate

Posted on September 24, 2008
Story here and elsewhere. Just hoping networks do not fill time with reruns of Everyone Loves Raymond. [Alan Childress] UPDATE: Easy solution to this dilemma and also solves my Raymond problem: Obama should agree to swap the VP debate with...

Law Firm Insurance Coverage Issue Remanded

Posted on September 24, 2008
The New York Appellate Division for the First Judicial Department reversed a Supreme Court order holding that insurers of a law firm were not obligated to defend and indemnify the firm under excess professional liability insurance policies. The relevant facts...

No Relief

Posted on September 24, 2008
An attorney convicted of, among other things, second degree murder was summarily disbarred by the New York Appellate Division for the First Judicial Department. The court declined to entertain the possibility of relief based on the attorney's claim that he...

Stayed Suspension

Posted on September 24, 2008
The Pennsylvania Supreme Court imposed a stayed six-month suspension with conditions of an attorney who had been convicted of aggravated assualt by vehicle while driving under the influence, recklessly endangering another person, and driving while under the influence of a...

Expression Of Support

Posted on September 24, 2008
A presentment was filed with the New Jersey Supreme Court seeking a sanction against a municipal court judge. The Advisory Committee on Judicial Conduct charges that the judge engaged in improper political activity after criminal charges were filed against the...

Burden Of Proof

Posted on September 23, 2008
A Louisiana hearing committee has recommended that all disciplinary charges be dismissed in a matter where the attorney had been charged with engaging in a prohibited business transaction with a client. The fighting issue was whether disciplinary counsel had proved...

"Off The Books"

Posted on September 23, 2008
The Louisiana Attorney Disciplinary Board has recommended the permanent disbarment of an attorney convicted of "inciting a felony" (itself a felony). The conviction related to his practice of law. He was an associate of a law firm and was assigned...

CNN AC360 Asked For A Caption, So...

Posted on September 23, 2008
Posted by Alan Childress CNN's Anderson Cooper has a feature asking readers to post a caption for a photo. Today's was this pic of Palin and Kissinger outside the UN. The reader's caption that they mentioned on-air was funny enough,...

Aspen Announces New Edition of Wolfman et al. on Tax Ethics

Posted on September 22, 2008
Here is a link to the new 4th edition of Ethical Problems in Federal Tax Practice, by Bernard Wolfman, Deborah Schenk, and Diane Ring. The latter, from Boston College, is a new addition. [Alan Childress]

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