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Academic

Legal Profession Blog 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

Recent Entries: 3635

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Don't Suspend Me If You Want Me To Make Restitution

Posted on April 24, 2008
The Arkansas Supreme Court affirmed a six-month suspension that had been imposed by its Committee on Professional Conduct. Three months of the suspension was for failure to respond to a bar complaint and an untimely motion for reconsideration. The lawyer...


Law and Order To Repeat Its Good-Bye To Jesse Martin

Posted on April 24, 2008
Posted by Alan Childress Last week I blogged on Kelly Lynn Anders' (Washburn) interest in lawyers' portrayals in movies, TV, etc., and her Karen Silkwood article. She is also, unsurprisingly, a big Law and Order fan, as are many of...


Misappropriation As Therapy

Posted on April 24, 2008
The Pennsylvania Supreme Court imposed a five-year suspension in a case where the attorney had "mishandled an estate, converted funds owed to a beneficiary, and made misrepresentations to conceal the conversion." The attorney had previously been informally admonished for failure...


Sisyphus Concludes the Semester

Posted on April 24, 2008
Posted by Jeff Lipshaw There is a regular sequence of wholly free moments in academic life, and those moments are far less common in the practice - perhaps upon changing jobs, or closing a really big deal, or settling a...


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No Breach Of Plea Agreement

Posted on April 24, 2008
The District of Columbia Court of Appeals held that a prosecutor did not breach an obligation under a plea agreement to ask for a sentence of imprisonment no greater than eight years. The government's sentencing memo had a footnote that...


Meursault Concludes the Semester

Posted on April 24, 2008
Posted by Alan Childress Although I almost understand Jeff's inspiration from Albert Camus at the close of his semester, I think the better lesson comes from The Stranger, especially as I just finished teaching both Evidence and Legal Ethics. Rather....


The People's Court Has One Less Judge

Posted on April 23, 2008
The New Mexico Supreme Court ordered the removal of a judge who had engaged in the following misconduct: "Over a period of almost three years, Metropolitan Court Judge J. Wayne Griego engaged in conduct that betrayed the public trust and...


When Lawyers Divorce

Posted on April 23, 2008
The Oregon Supreme Court reversed a spousal support award and modified the property division to grant the wife a one-half interest in two trusts. Both husband and wife are lawyers: she practiced in Montana'a water court; he was in private...


Discipline In Ohio

Posted on April 23, 2008
The Ohio Supreme Court decided two bar discipline cases involving Cleveland-area attorneys (no mention if either had an office in the same building as Whiplash Willie Gingrich). In one matter, the attorney said that she "keep[s] a stable of 23...


Misprison Of Felony

Posted on April 23, 2008
An attorney convicted of misprison of a felony was disbarred by the Oklahoma Supreme Court. The lawyer had "actively participated in health care fraud cover-up." His client (and later co-defendant) had engaged in a fraudulent scheme to use pension funds...


Suspended Suspension For Recovering Addict

Posted on April 22, 2008
An attorney who had used a forged prescription to attempt to obtain a controlled substance violated Rule 8.4(b) by engaging in a criminal act that adversely reflected on his fitness to practice. He had been subject to an interim suspension...


Law & Society Ass'n Conference (May 29-June 1, Montreal) Has Panels on Legal Profession

Posted on April 22, 2008
Posted by Alan Childress The annual meeting of the Law & Society Association, this year in conjunction with the Canadian Law & Society Association, will be held in Montreal, Canada, from May 29-June 1, 2008 (with some events, particularly of...


Timber!

Posted on April 22, 2008
An attorney was cautioned by the Arkansas Committee on Professional Conduct, Panel B, in connection with his represenation of a client in a wrongful wood cutting case. The suit had been brought against the attorney's client by a timber company...


Call for Papers - 2009 AALS Annual Meeting - Joint Program of the Professional Responsibility and Clinical Sections

Posted on April 22, 2008
CALL FOR AALS ANNUAL MEETING PRESENTATION PROPOSALS Joint Professional Responsibility and Clinical Sections 2009 AALS Annual Meeting Program, Jan.7-10, 2009; Session Commemorating the Fortieth Anniversary of the Council on Legal Education for Professional Responsibility (CLEPR)...


Pre-Admission Criminal Conduct Leads To Disbarment

Posted on April 22, 2008
The South Carolina Supreme Court accepted a consent discipline proposal and disbarred an attorney as a result of a criminal conviction. The case is worth a mention because the court notes (see footnote 2) that the underlying criminal conduct had...


Inexplicable TV Commercials

Posted on April 22, 2008
The TV year 2008 has already sported months of watching losers on-cam at various Burger King 'restaurants' showing their violent withdrawal symptoms when informed, in effect, "No Whopper For You." It comes across like Ewan McGregor in Trainspotting trying to...


California Bar Holds Ethics Symposium May 3 in San Francisco

Posted on April 21, 2008
The State Bar of California, as announced by this webpage, will hold its 12th annual ethics seminar at University of San Francisco Law School on Sat., May 3, 2008. Its theme is NOTORIETY ? When the Spotlight Is on Ethics,...


Global Law Firm Is Wave Of The Future

Posted on April 21, 2008
Adam Smith Esq. has a review of last week's two-day symposium at Georgetown Law on The Future of the Global Law Firm. The symposium, sponsored by the Center for the Study of the Legal Profession, was by all accounts a...


Now They Can Share A Cell

Posted on April 21, 2008
A Georgia lawyer was permitted to resign, an action "tantamount to disbarment," by order of the Georgia Supreme Court. The lawyer had pleaded guilty to a felony of bringing dangerous weapons into a jail facility and conspiracy to aid a...


Second Bar Case Results In Disbarment

Posted on April 21, 2008
An attorney who had recently been indefinitely suspended was disbarred by the Maryland Court of Appeals. The misconduct in both matters was similar-- failing to escrow and spending an unearned fee for personal purposes and failing to respond to the...


Practice Skill Portability

Posted on April 21, 2008
Posted by Jeff Lipshaw As someone who has made a few moderate shifts in career focus, I'm always interested in seeing stories about people who overcome, as they say in behavioral economics, path dependency. In more colloquial terms, that would...


Rules For Suspended Lawyers Proposed

Posted on April 21, 2008
The Ohio Supreme Court has proposed new rules that would govern the conduct of suspended and disqualified lawyers. The court's web page summarizes the proposed rule: "[the rule] would prohibit a disqualified or suspended attorney from direct client contact or...


New Hampshire Censures And Suspends Judge

Posted on April 21, 2008
The New Hampshire Supreme Court accepted the recommendation of its Committee on Judicial Conduct and imposed a censure on a superior court judge. In addition, the judge was suspended without pay for three years, an increase from the proposed three-month...


New Issue Out: bepress's 'Studies in Ethics, Law, and Technology'

Posted on April 21, 2008
Posted by Alan Childress The bepress journal Studies in Ethics, Law, and Technology announces at this link its newest issue, Vol. 2, Issue 1. The journal "is a peer-reviewed and policy-focused journal that examines the ethical and legal issues that...


An Article Unlikely to Show Up Any Time Soon in the Indianapolis Star

Posted on April 20, 2008
Based on my seven years' experience with the erstwhile Eugene Pulliam flagship rag. But it's in today's Ideas section of the Boston Globe. [Jeff Lipshaw]


Complaint Not Withdrawn

Posted on April 19, 2008
The Arkansas Supreme Court Committee on Professional Conduct ordered but stayed until further order a 12 month suspension for a number of ethical violations in connection with a bankruptcy matter. The former clients had sought to withdraw the complaint; the...


Like Stealing

Posted on April 19, 2008
An Illinois Hearing Board has recommended disbarment in a case involving a single count of neglect and failure to return an unearned fee. The board found that the lawyer had never intended to perform the legal services for which he...


Is Jack Welch Out of Touch?

Posted on April 18, 2008
Posted by Jeff Lipshaw I had a flashback to 1996 or so when I saw the Wall Street Journal's front page story on Jack Welch's criticism of General Electric's earnings miss, and his attribution to his successor and current CEO,...


The Original Boston Legal: John Adams, Esq.

Posted on April 18, 2008
Posted by Alan Childress We are happy to post this media reminder sent by Kelly Anders, Washburn Law School's associate dean for student affairs. She writes: HBO?s seven-part miniseries, ?John Adams,? concludes on Sunday. History buffs, legal historians, and Con...


IP Litigation, Cease and Desist Letters, and One Good Reply Letter to Monster Cable

Posted on April 18, 2008
Posted by Alan Childress Jeff recently opined that IP law and lawsuits is one area of practice, he observed, where there are marketing, sales and PR incentives, beyond the lawsuit at hand and its objectives, to pursue expensive and complicated...


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