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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

ABA Offers Web/Phone CLE on June 4: "Ethical Issues in E-Discovery"

Posted on May 23, 2008
Counting as 1.5 ethics hours or more, and accessible remotely, the ABA course in Ethical Issues in E-Discovery (including Rule 26(f) conferences and using third-party vendors) is set for Wed., June 4, 2008, starting noon eastern time. [Alan Childress]

Private Tickler System

Posted on May 23, 2008
The Iowa Supreme Court suspended the license of an attorney with no possibility of reinstatement for one year. The attorney had a record of prior discipline that included a conflict of interest violation based on representing both parties in a...

How Stupid Are You?

Posted on May 23, 2008
The Virginia State Bar Disciplinary Board revoked the license of a lawyer who also provided advice on land investments. The lawyer sold materials over the Internet regarding possible land investments. He then sought to sell additional materials to the buyer,...

Another Chance

Posted on May 22, 2008
An attorney with a long history of bar disciplinary matters was reinstated in November 2001 on five years of supervised probation. In 2006, the Director (i.e. Bar Counsel) brought probation violation charges, alleging a failure to provide information in connection...

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No Celebrity Waiter Judges In Florida

Posted on May 22, 2008
The Florida Supreme Court has adopted amendments to its Code of Judicial Conduct in a manner designed to allow judges a broader ability to receive public recognition and participate in charity fund raising events. The commentary suggests that the amendments...

Gillers on How Next Year Is Not The End of The Bush Presidency

Posted on May 22, 2008
In a classic satire piece two years ago in The Nation, NYU ethics prof Stephen Gillers explained how January 20, 2009 is not necessarily the end of the current term. "It depends on what the meaning of 'four years' is....

Gallagher to Present at L&S on How IP Lawyers Do Their Work

Posted on May 22, 2008
There will be many good panels on the legal profession and ethics that are set to appear at Law & Society Montreal next week, about which Legal Ethics Forum posted extensive guiding comments, including John Steele's talk on retainer agreements....

Admission Denied

Posted on May 22, 2008
The New York Appellate Division for the Third Judicial Department denied bar admission to an unnamed applicant in light of a past history that included a conviction (and jail sentence) for possession with intent to distribute LSD, leaving the scene...

Flood on Global Implications of the UK's 2007 Professional Reforms

Posted on May 22, 2008
John Flood (Westminster, visting U. Miami Law), below right [not his peke, left] has posted to SSRN his study of the effect on (or conceptualization of) law firms, even outside England and Wales, raised by recent professional reforms there. The...

Counsel Not Liable For Attorney's Fees

Posted on May 22, 2008
The Arkansas Court of Appeal-Division Three-- reversed a trial court order directing that counsel, rather than the client, be held liable to pay the opposing party's legal fees in a domestic relations case. The order had amended an earlier order...

Giving Advice Establishes Attorney-Client Relationship

Posted on May 22, 2008
The New Jersey Advisory Committee on Professional Ethics opines that a non-profit trade association cannot disclaim the formation of an attorney-client relationship with persons who call in on a hot line for legal advice from an attorney that the association...

New Rules For Montana Judges

Posted on May 21, 2008
The Montana Supreme Court has requested comments on proposed new rules governing judicial conduct. The full text of the proposed Code of Judicial Conduct is appended to the court's order. (Mike Frisch)

Present Competence To Practice

Posted on May 21, 2008
The Oklahoma Supreme Court ordered the reinstatement of an attorney who had been suspended for competence and unauthorized practice problems. The court expressed some concern whether the petitioner had made a sufficient showing of present competence and ability to practice...

More Inflammatory Closing Argument

Posted on May 21, 2008
The New Jersey Appellate Division of the Superior Court reversed a conviction in a vehicular homicide case, in part because of the inflammatory closing argument by the prosecutor. The defense had not objected, but the court found plain error. The...

Suffolk Offers LLC Conference Live and Via Webcast

Posted on May 21, 2008
Posted by Jeff LIpshaw Suffolk University Law School is hosting "Limited Liability Companies at 20: Cutting Edge Issues," an all-day program on Friday, June 13, 2008, featuring such LLC luminaries as Larry Ribstein (Illinois, right - doesn't he look like...

Krishnan and Macaulay Honor Galanter's Mentoring a Generation of Scholars on the Profession and Social Change

Posted on May 21, 2008
Posted by Alan Childress Jayanth Krishnan (Wm. Mitchell) and [contracts-in-action legend] Stewart Macaulay (Wisc.) have posted to SSRN their essay, "Toward the Next Generation of Galanter-Influenced Scholars: The Influential Reach of a Law-and-Society Founder...

Best Old Cigarette Ads and Zoo Warnings

Posted on May 20, 2008
Posted by Alan Childress The legal profession is big on warnings and disclaimers, of course, as witnessed by our prior posts 07 and 06 about whacky product warnings brought to you by lawyers. Updating that notion, the 2spare site shows,...

Mandatory Disclosure of Malpractice Insurance Closer to Rule-Reality in California

Posted on May 20, 2008
Posted by Alan Childress Mike Frisch had an earlier post in March on the move in California toward requiring disclosure to clients as to whether there is malpractice coverage. And HALT and the ABA tally states by their protecting clients...

No Due Process Violation

Posted on May 20, 2008
The Connecticut Appellate Court affirmed a trial court order of an 18 month suspension of an already suspended attorney for neglect of an employment discrimination case and failure to return an unearned fee. The attorney claimed a violation of due...

Perlman on Social Acquiescence to Unethical Conduct

Posted on May 20, 2008
Posted by Alan Childress Before offering to buy Boston a drink, Andrew Perlman (Suffolk) posted to SSRN his new article (also recently in Hofstra L. Rev.) called "Unethical Obedience by Subordinate Attorneys: Lessons from Social Psychology." It has already had...

Griffith Univ. and Univ. of Queensland (Aus.) To Hold International Ethics Conference Mid-July 2008

Posted on May 20, 2008
"The Third International Legal Ethics Conference will be held on Australia's beautiful Gold Coast on 13-16 July 2008. ... The primary aim of the conference is to provide a forum for informed and lively debate within the various conference themes."...

If Nominated I Will Not Run...

Posted on May 20, 2008
The New York State Commission on Judicial Conduct accepted a stipulation and discontinued a proceeding alleging misconduct against a town court justice. The justice had failed to disqualify himself in a speeding ticket case against his family doctor, engaged in...

Andrew Perlman Opens LEF Coffers To Make New Friends

Posted on May 20, 2008
Posted by Alan Childress Speaking of Suffolk and Legal Ethics Forum (intersected in this previous post), their own Andy Perlman has posted this generous invite to a Thurs. May 29 dinner in a Boston restaurant. It is for interested bloggers...

Forwarding Address

Posted on May 20, 2008
You get a sense that a disciplinary case may be serious when the return address of the accused attorney is the Federal Correctional Facility at Morgantown, Pennsylvania. (Actually, the return address may be in error as the facility is in...

Prosecution of KPMG Employees By Denying Counsel, and The History of Night Legal Education

Posted on May 20, 2008
Posted by Alan Childress Two recent items over at TaxProf are worth noting for readers particularly interested in ethics and the legal profession: 1. Link and abstract for a new article in T.M. Cooley Law Review by Charles Doskow and...

Welcome to the Lawyering Blogosphere: International Law Prof Blog

Posted on May 20, 2008
Posted by Alan Childress The Law Professor Blogs Network, of which our LPB is a member, just added a new blog yesterday which may be of interest to followers of the legal profession: the International Law Prof Blog. It is...

Tardy Judge Reprimanded

Posted on May 20, 2008
The Ohio Supreme Court reprimanded a judge of the Sandusky County Court of Common Pleas for "allowing six civil cases to languish in his court for an inordinate amount of time." The neglected matters involved family law and tort cases....

Not Ineffective Assistance

Posted on May 20, 2008
A criminal defense lawyer does not render ineffective assistance of counsel by asking a question that elicits unfavorable testimony. The cross-examination brought out an identification that the prosecutor had not gotten on direct examination. This morning, in an opinion by...

'Wii Fit' Makers Apologize For Game That Called a Girl Fat

Posted on May 19, 2008
I would have demanded an apology sooner if I had known Nintendo would be so compliant. Long before Wii Fit, I swear that Mario and Luigi have been gratuitously stage-whispering that I am "morbidly obese" for years. Maybe I should...

'Ethics of Email' CLE Offered by D.C. Bar on June 11

Posted on May 19, 2008
Speaking of metadata disasters, the District of Columbia Bar will hold a 2-hour ethics program about emails on Wed. evening, June 11, 2008 (scroll down to 6/11). Topics include confidentiality, metadata scrubbing, document retention, and outsourcing. [Alan Childress]

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