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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

Actual Innocence

Posted on August 06, 2008
The Massachusetts Supreme Judicial Court held that summary judgment was improperly granted to two criminal defense attorneys who had been sued for legal malpractice. The defendant was charged with arson and other offenses in federal court. His conviction at a...

Lost in Translation

Posted on August 05, 2008
Upon hearing the sad news that McDonald's is altering its Dollar Menu, a decision that may affect me more than gas costs, I did recall my favorite billboard for the U.S. icon, this outside the Australian town of Yass. Yass...

Wald on Client Communications, the Model Rules' Concept, and Making It a Dialog

Posted on August 05, 2008
Eli Wald (Denver) has posted to SSRN his article, Taking Attorney-Client Communications (and therefore Clients) Seriously. It is also in 42 University of San Francisco Law Review 747 (2008). Here is the abstract: This Article argues that the communications regime...

Welcome to Blogworld: Law & Development Blog

Posted on August 05, 2008
A belated welcome to legal blogging for the Law & Development Blog, edited by Professors Tom Ginsburg (U. Chicago) and Veronica Taylor (U. Washington). It is part of the law profs network, as we are. International and economic development is...

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Notre Dame Combines Legal Ethics CLE With Football Tickets on Home Saturdays, Except Michigan Game

Posted on August 05, 2008
The program and schedule are here. Nice idea. "In addition to the two-hour CLE, a limited supply of football tickets is available to CLE participants. A participant may purchase up to two football tickets, while limited supplies last, and those...

This Blog Post Is Not Very Unique

Posted on August 05, 2008
Posted by Alan Childress But it is som ewhat unique. Over at the new legal writer blog, its author Ray Ward and two commenters are debating whether it is unacceptable to ask for the "most unique" entries in a survey....

Mother-Related Misconduct

Posted on August 05, 2008
An Arizona hearing officer has recently filed a report approving an agreed disposition of a 90 day suspension followed by two years probation in a matter involving misconduct committed in the course of representing a divorce client. The lawyer had...

The Last Installment

Posted on August 04, 2008
The District of Columbia Court of Appeals disbarred an attorney who had misappropriated over $10,000 as court-appointed guardian of a ward. The lawyer had failed to cooperate with the Auditor-Master and with the Bar's investigation. The lawyer had written checks...

Antitrust Practitioner Survey

Posted on August 04, 2008
If you practice antitrust law outside of the government, please take 8-12 minutes to hop over to Danny Sokol's Antitrust & Competition Policy blog to participate in an online survey. The point is to give him some data to better...

JetBlue's Newest a la Carte Charge: Pillow and Blanket For $7

Posted on August 04, 2008
Story on this decision here. "Shares rose 22 cents, or 4.2 percent." Fine. I hereby announce that I am charging $1 for every time your kid kicks me in the back of my airplane seat. And a bonus $5 for...

Office Policy No Defense To Failure To Provide Client File

Posted on August 04, 2008
The Arkansas Supreme Court Committee on Professional Conduct reprimanded an attorney who, after representation of a client and his business had ceased, rebuffed repeated attempts by new counsel to obtain the client's file. He had informed the client's new counsel...

Hellman on Federal Judicial Ethics

Posted on August 04, 2008
Posted by Alan Childress Arthur Hellman (University of Pittsburgh) -- shown right [and below left when he teaches on the west coast, with a difference explained here] -- has just re-posted to SSRN's journal of Legal Ethics & Professional Responsibility...

Indiana Law: Lateral and Entry Level Positions

Posted on August 04, 2008
[Posted By Bill Henderson] [Interested in building a truly great law school? Want a high quality life for you and your family? Consider this opportunity, which ran on SSRN Professional Announcements last week. wdh] In 2007, Indiana University School of...

Ready For My Close Up

Posted on August 03, 2008
The South Carolina Advisory Committee on Standards of Judicial Conduct has recently opined that a judge may participate in a television documentary concerning a case that he had prosecuted while serving as an assistant solicitor with the following limitation: As...

Most Mind-Numbingly Obvious Headline of the Week

Posted on August 02, 2008
"Why Barack Obama Rejects Ludacris' Song." That teaser headline on Yahoo! News leading to this article. Though I also give stupid points to the headline just below it: "Civil War Discovery Could Be 'Holy Grail.' " [Alan Childress] UPDATE: Another...

U.S. Supreme Court Cert Petition Argues Due Process Re West Virginia's Judicial Non-Recusal

Posted on August 02, 2008
Posted by Alan Childress Mike Frisch has been following the ebbs and flows of the judicial bias accusations against members of the highest court of West Virginia (e.g., here; and see LEF's post here). In particular, last week Mike posted...

Tool to Test Your Site's Ranking With Search Engines Like Google

Posted on August 02, 2008
Posted by Alan Childress This site purports to have an engine that, by running your URL and a keyword, reveals how high various search engines rank your website. I thought about this when I realized Monday how invisible we seemed...

The Trips Not Taken

Posted on August 02, 2008
The Pennsylvania Supreme Court accepted the resignation and ordered the disbarment on consent of an attorney who was a shareholder of a Philadelphia law firm. The attorney was the subject of a petition for discipline (appended to the court's order)...

Temporarily Access This Blog By Using Firefox or Other Browser, As TypePad and IE Are Like the First Half of Step Brothers Right Now

Posted on August 02, 2008
Until some techno glitch is cleared up -- minor, because I doubt that Miscrosoft's Internet "Explorer" program is a common way to locate websites and blogs, given the dominance of Netscape and other browsers (especially for you Prodigy users) --...

Can A London Office Of A NYC Firm Develop Its Own Euro Client Base?

Posted on August 02, 2008
That is the goal--not only to service the firm's U.S. clients in a UK office but to expand an independent client base--and apparently it's starting to be the result, of Skadden Arps's London ofiice. Here is a recent story in...

Courtesy Plea

Posted on August 01, 2008
The D.C. Board on Professional Responsibility has recomended disbarment of an attorney who had resigned in California and been convicted of bankruptcy fraud in federal court. The Board concluded that disbarment was required as the crime inherently involves moral turpitude...

Second Circuit on Legal Malpractice Based on Underlying Criminal Representation

Posted on August 01, 2008
Only the innocent need apply, well, the colorably innocent at least. Andrew Bluestone's blog reports today on a Second Circuit case, applying New York law, which reaffirms and applies this [majority] rule on the element of causation when the "case...

Overreaching In Retainer Agreement By Inserting Forum Selection Clause?

Posted on August 01, 2008
David Hricik at LEF highlights this important case in the Fifth Circuit and says it is one to watch--the story is likely not over. I second that, fwiw. Judge Dennis in dissent argues (correctly, to my mind) that the particular...

I don't want a commercial in my commercial, and I can't grasp drug ads

Posted on August 01, 2008
Posted by Alan Childress I already have enough trouble watching the pharmaceutical commercials that fill nightly news programs. First, that fact alone makes me uncomfortable that I am watching the news at all, because I realize it means someone has...

Sufficient Evidence

Posted on August 01, 2008
A claim of legal malpractice raised sufficient issues of fact to survive a motion for summary judgment, according to a decision of the New York Appellate Division for the Third Judicial Department. The plaintiff had been injured while working in...

Rising Star

Posted on August 01, 2008
An attorney was suspended for two years with the suspension stayed in favor of probation for misconduct described in the summary from the California Bar Journal: Clark pleaded no contest to four counts of violating the Insurance Code. As part...

California Sunshine

Posted on August 01, 2008
The California Bar Journal reports that the Bar's Board of Governors has voted in favor of the posting of disciplinary charges against bar members. The answer of the accused to the charges also will be available on line: After an...

Reactions to Ryan v. Lyondell

Posted on July 31, 2008
Posted by Jeff Lipshaw Larry Ribstein and Francis Pileggi have already posted on Ryan v. Lyondell Corp., just handed down in the Delaware Court of Chancery. (HT to both!) The case involves a shareholder challenge to Basell's acquisition of Lyondell...

Solicitation Letters to Prospective Transfer Students

Posted on July 31, 2008
[posted by Bill Henderson] A reporter for the ABA Journal has contacted me for a story on uptick in transfer students. She has dug up a lot of information on this topic. Although she has heard a lot of rumors...

Same Standard

Posted on July 31, 2008
The Supreme Court of New Jersey held that the Appellate Division had erred in granting judgment nov to the defendant in a claim of religious-based hostile work environment brought by a Jewish police officer. The trial jury had found the...

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