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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

Looking For Mr. C.

Posted on October 26, 2010
A three-judge court in Virginia has accepted an agreed disposition in a case where the attorney had represented a client in a contested, fault-based divorce. At a hearing on custody and support, a witness (hereinafter "Mr. C.") testified that the...

Power Of Attorney

Posted on October 25, 2010
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio?s Board of Commissioners on Grievances & Discipline has issued an advisory opinion addressing a lawyer?s use of a contingent fee agreement in which a client grants...

Hard Drives

Posted on October 25, 2010
The former Commonwealth's Attorney for Floyd County, Virginia has agreed to a public reprimand with terms for disabling computer software (the hard drives) from three office computers as he was leaving his service the office. Two of the hard drives...

Rutgers Clinic Subject To Open Records Act

Posted on October 25, 2010
The New Jersey Appellate Division has reversed a trial court decision that the Rutgers Environmental Law Clinic was not subject to the state's Open Public Records Act ("OPRA"). The plaintiffs had sought documents relating to the clinic's finances and its...

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Proposed Sanction Upped For "Channeling" Attorney

Posted on October 23, 2010
The Arizona Disciplinary Commission has affirmed findings of misconduct against an attorney who had "channeled" a client's deceased wife but increased a hearing officer's proposed suspension from six months and one day to one year. Both recommendations propose that reinstatement...

L though Z

Posted on October 21, 2010
The New York Appellate Division has issued an order suspending attorneys (with last names from L to Z) for failure to file the required biennial registration statement: The attorneys in question have been duly notified of their noncompliance and given...

Attorney Suspended For Shoplifting

Posted on October 21, 2010
A former public defender has been suspended in Tennessee as a result of a criminal conviction. WMCtv.com reports that the offense involved shoplifting $1,300 worth of jewelry from Macy's. The web page of the Tennessee Board of Professional Responsibility indicates...

"A Mess" Of Trouble

Posted on October 21, 2010
The career threatening danger when an attorney misappropriates entrusted funds is on display in a recent recommendation for disbarment from the New Jersey Disciplinary Review Board. The matter came to the Bar's attention as a result of two escrow account...

Checking Out

Posted on October 21, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio today indefinitely suspended the law license of [a] Cincinnati attorney...for misconduct that resulted in his convictions on three counts of felony theft. In a 7-0 per...

Stealing From Blind Vendor Draws Censure

Posted on October 21, 2010
The New Jersey Disciplinary Review Board has ordered a censure of an attorney admitted in 1974. The attorney was employed by the state Department of Human Services ("DHS"). He was observed stealing items from a DHS refreshment vendor. The police...

Disclose, Disclose, Disclose

Posted on October 20, 2010
The Massachusetts Board of Bar Overseers has recommended a one-year suspension of an attorney based on findings that she made three false statements in her application for bar admission. The attorney also must be certified as fit to practice by...

Not A Gift

Posted on October 20, 2010
The New York Appellate Division for the First Judicial Department has disbarred an attorney for misconduct in connection with a personal injury case that settled for $3 million. The attorney had accepted substantial litigation funding from third parties and pledged...

Conviction Required?

Posted on October 19, 2010
The Illinois Review Board has affirmed a hearing board finding that an attorney engaged in dishonest conduct by improperly notarizing four documents but overturned the finding that the attorney committed a criminal act in violation of the applicable Illinois ethical...

At The Car Wash

Posted on October 19, 2010
A town court justice (who is not an attorney) has been admonished by the New York State Commission on Judicial Conduct. According to this press release, the justice improperly served as both judge and court clerk, sold raffle tickets on...

Trading Sneakers With Inmate Is A Crime

Posted on October 19, 2010
The full Massachusetts Supreme Judicial Court agreed with a single justice that disbarment was the appropriate sanction for an attorney's course of criminal conduct. The court described the facts: In March, 2008, the respondent was temporarily suspended from the practice...

Sanction For Unauthorized Practice

Posted on October 19, 2010
A case summary from Kentucky Court Report: Kentucky Bar Association v. Sandra Camille Brooks 2010-SC-00000139-KB September 23, 2010 Opinion of the Court. All sitting; all concur. Brooks operates a business, ?Legal Self Help,? in which she sells legal forms, assists...

Fall Newsletter by AALS Professional Responsibility Section Is Available for Download, Packed with Info

Posted on October 18, 2010
Through the generosity of the AALS Section on Professional Responsibility and the hard work of many people and especially its editor Margaret Tarkington, a BYU law prof who is visiting at Cinncy right now, comes the fall newsletter: Download Fall_2010_Newsletter...

E-Mail From Court Blocked, Attorney Sanctioned

Posted on October 18, 2010
An attorney who was suspended for nine months by the Superior Court of North Carolina received the same sanction as reciprocal discipline from the Louisiana Supreme Court. The attorney was a party plaintiff in a suit assigned to business court...

Nominations, Submissions for Great Writing on the Legal Profession During 2010

Posted on October 18, 2010
A timely annoucement from Samuel J. Levine at Touro: Submissions and nominations of articles are now being accepted for the first annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility. To honor Fred's memory, the committee will select...

Read Your Law Firm's Web Page

Posted on October 17, 2010
Five members of a law firm's management committee were publicly reprimanded by consent for their admitted failure to properly supervise a non-lawyer employee. The employee caused false information to be posted on the law firm web page. The web page...

Something I Have Never Done Either; So Where's My New Car?

Posted on October 15, 2010
Headline of a news story I refuse to click on and read. Pastor gets car for not burning Quran [Alan Childress]

Ethics Charges Dismissed In Wisconsin

Posted on October 15, 2010
In two opinions linked here and here, the Wisconsin Supreme Court affirmed a referee's proposed dismissal on insufficient evidence of bar charges against a husband and wife charged in connection with an ethics complaint brought against a judge. The OLR...

A Criminal Case

Posted on October 15, 2010
If you are a law professor looking for a teaching example of the wrong way to practice criminal law, take a look at a decision issued today by the Kansas Supreme Court. The court imposed a two-year suspension of a...

Plagiarizing Attorney Reprimanded

Posted on October 15, 2010
The Iowa Supreme Court has imposed a public reprimand of an attorney who was found to have plagiarized in two briefs filed in a bankruptcy matter. the court agreed with its Disciplinary Board that the attorney had not charged an...

No Justice, No Peace

Posted on October 14, 2010
The Nevada Supreme Court has held that a candidate for justice of the peace is ineligible in light of the requirement of five years of practice: In this appeal, we are asked to define the eligibility requirements set forth in...

Attorney Resigns, Over A Million Dollars Gone

Posted on October 14, 2010
The New York Appellate Division for the First Judicial Department has accepted the resignation of an attorney who was the subject of a client complaint alleging of misappropriation of around $1.4 million of entrusted funds. The court reviwed the recommendation...

At These Prices, Buy Two

Posted on October 13, 2010
Those of you who want your bar discipline to be stylish may find what you are looking for at the web store of the National Organization of Bar Counsel. Woven, T., polos and knit shirts are available along with caps...

Dean Speeches and Metaphors of Meaning

Posted on October 13, 2010
Posted by Jeff Lipshaw I'll confess to two of my secret vices: playing Bubble Breaker on my iPhone on the T, and listening to lectures from The Teaching Company in my car. I'm up to lecture 30 (of 36) in...

Judge Must Pass

Posted on October 13, 2010
Absent a request, a family court judge may not write a letter recommending that a juvenile be permitted to play high school football, according to a recent opinion of the South Carolina Advisory Committee on Standards of Judicial Conduct: Canon...

Post Party Accident Leads To Sanction

Posted on October 12, 2010
The New Jersey Disciplinary Review Board has imposed an admonition of an attorney found to have committed a criminal act that adversely reflected on his honesty, trustworthiness or fitness as a lawyer. The misconduct took place after a holiday party....

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