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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

Affidavit Of Merit

Posted on June 14, 2010
The New Jersey Appellate Division agreed with a Law Division judge's conclusion that a plaintiff in a legal malpractice action is obligated to serve a timely affidavit of merit on the defendant law firms. The court nonetheless vacated the dismissal...

Tenant From Hell Disbarred

Posted on June 11, 2010
The District of Columbia Court of Appeals disbarred an attorney convicted of theft and fraud offenses. The attorney rented an apartment, tendering an initial payment and security deposit with a dishonored check. She eventually paid a total of two months...

Drinks On A Plane

Posted on June 11, 2010
The Kansas Supreme Court has imposed a stayed one-year suspension and probation for two years in a case involving an attorney's alcohol issues. After drinking to excess at a lunch, a partner drove him home. The attorney's partners got him...

Duty To Memorialize Violated

Posted on June 10, 2010
A reciprocal public censure was imposed by the New York Appellate Division for the second Judicial department based on a reprimand imposed in New Jersey. The court set out the key facts: The respondent served as counsel to the City...

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The Meaning Of Rule 4.2

Posted on June 10, 2010
The Oregon Supreme Court has imposed a public reprimand of an attorney for a violation of the rule that prohibits communication with a represented person on the subject matter of the representation. the attorney had taken the represented person's deposition...

Architect And Attorney

Posted on June 10, 2010
The New York Appellate Division for the Third Judicial Department imposed a two-year suspension of an attorney convicted of felony false statements to the FBI during an interview conducted as part of a bribery investigation. The attorney was sentenced to...

The Constitutional Right To Tell Fortunes

Posted on June 10, 2010
The Maryland Court of Appeals has held that a county ordinance that prohibits fortunetelling for pay violates the free speech rights of a fortuneteller. A dissent would find that the legislative determination that the provision was no more restrictive than...

An Honest Man--Not

Posted on June 10, 2010
The Florida Supreme Court affirmed a referee's findings of misconduct but raised the sanction from a proposed 18-month suspension to a three year term. The attorney had represented a client and his company in proceedings brought by the Commodity Futures...

Conference: Business Complexity and the Global Business Leader

Posted on June 09, 2010
Posted by Jeff Lipshaw Suffolk University's Institute for Executive Education and Sawyer Business School are sponsoring a conference entitled Business Complexity and the Global Business Leader, to be held at Suffolk's Boston campus, October 16-18, 2010...

Excessive Fee

Posted on June 09, 2010
The Vermont Professional Conduct Board imposed a reprimand and probation of an attorney who charged an excessive fee and failed to reduce a contingent fee to writing. The attorney was a "seasoned practitioner" with over 36 years at the Vermont...

Reinstated With A Warning

Posted on June 09, 2010
The Oklahoma Supreme Court reinstated an attorney suspended for non-payment of dues notwithstanding its conclusion that she had engaged in the unauthorized practice of law in Texas. The attorney had left practice to become sales director for Mary Kay Cosmetics...

Agarwal & Simonson on Public Interest Lawyering and Instruction

Posted on June 09, 2010
Posted by Alan Childress From the Harvard Program for the Legal Professon, Nisha Agarwal and Jocelyn Simonson have published to SSRN their article, Thinking Like a Public Interest Lawyer: Theory, Practice and Pedagogy, which will also be in New York....

Duty To Warn Process Server

Posted on June 09, 2010
A process server who was hired by a law firm to serve the defendant in a divorce case was violently attacked by the servee. The law firm had attached to the process the following warning: "Be forewarned he's an ex-cop...

In And Out

Posted on June 08, 2010
An attorney admitted to practice in 2006 had his license to practice law revoked by the Wisconsin Supreme Court. In less than five years at the bar, the attorney had racked up 55 charges of ethical violations in 10 separate...

The Sounds Of Silence

Posted on June 08, 2010
The legal concept of silence has received a fair amount of attention in recent days. The Supreme Court held last week that silence may constitute a waiver of Miranda rights. We reported a case from the Nevada Supreme Court yesterday...

Twice Rejected

Posted on June 07, 2010
The Georgia Supreme Court has rejected a second petition for voluntary discipline of an attorney who had fraudulently collected over $500,000 from the firm where he was employed as an associate. He sumitted false invoices for outside vendors and performed...

Silence Confesses Error

Posted on June 07, 2010
The Nevada Supreme Court reversed a conviction for second-degree murder and related offenses due to the State's failure to properly respond to an issue raised on behalf of the appellant: In this appeal, we have the duty to publicly reiterate...

Georgia Lawyers Exempt From Debt Practices investigation

Posted on June 07, 2010
A majority of the Georgia Supreme Court held today that the Administrator of the state's Fair Business Practices Act has no authority to compel a law firm engaged in debt collection on behalf of creditors to comply with his investigative...

Should a lawyer withdraw at the first sign that a client is lying?

Posted on June 06, 2010
I muse about the issue over at my blog (here). (Posted by Nancy Rapoport.)

"Boy, Am I Stupid"

Posted on June 06, 2010
The above-quoted self-assessment comes from charges recently filed by the Illinois Administrator against an attorney. The complaint alleges that the attorney received items and currency that he passed to inmates that were being held in the detention areas of Cook...

Tough On Crime

Posted on June 04, 2010
The Michigan Attorney Discipline Board increased a panel suspension of two years and six months and entered an order that revoked the license of an attorney. The board concluded that the panel had erred in determining the appropriate level of...

No Home in Prison

Posted on June 04, 2010
The Iowa Supreme Court today held that a prison is not considered to be an inmate's "dwelling" place for purposes of Iowa discrimination laws. However, the inmate might be considered an "employee" of the prison and have rights that emanate...

Jerked Around

Posted on June 04, 2010
The Indiana Supreme Court reversed a conviction for driving while suspended and ordered a new trial because the defendant had been denied an impartial bench trial. The defendant decided that she wanted to accept a plea bargain after the first...

Not Enough To Mitigate

Posted on June 04, 2010
An attorney who had misapproprited nearly $20,000 in three matters was suspended for three years by the Pennsylvania Supreme Court. The attorney had presented evidence that he had suffered from depression during the period of misconduct. While four witnesses testified...

"Computer Phobia" No Defense

Posted on June 03, 2010
An attorney has been suspended for an indefinite period of at least five months by the Minnesota Supreme Court. The attorney had been charged with misconduct in two matters. The first involved failures to file income tax returns over a...

Yes, No And Maybe So

Posted on June 03, 2010
The Florida Judicial Ethics Advisory Committee has addressed a number of issues relating to campaigning for judicial office with the following responses: (1) May a judicial candidate send an email inviting persons to attend a fundraiser for the candidate?s campaign...

Settlement Undisturbed, Attorneys Can Be Sued

Posted on June 03, 2010
The New Jersey Supreme Court has affirmed an Appellate Division decision that overturned the trial court's grant of summary judgment to Duane Morris as defendant in a legal malpractice action. The underlying matter involved corporate governance concerns and had been...

The Fugitive

Posted on June 03, 2010
A convicted criminal defendant who alleges malpractice against defense counsel must claim and establish actual innocence of the offense, according to a decision of the New Hampshire Supreme Court. The defendant had fled while the jury was deliberating and was...

No Final Rest As Yet

Posted on June 03, 2010
The Maryland Court of Appeals has remanded a case that involves a silbing war over the burial place of their mother. One faction seeks to make Israel the final resting place; the others prefer Maryland. The litigation commenced before Mother's...

Worst Client Ever?

Posted on June 02, 2010
An Arizona Hearing Officer has recommended a censure of a California attorney admitted pro hac vice in Arizona for a conflict of interest and the negligent disclosure of confidential client information. The tangled web of the representation of the client...

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