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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

Disciplinary Probation For Eight Crimes

Posted on June 02, 2010
This disciplinary case summary appears in the most recent edition of the California Bar Journal: [An attorney] was suspended for two years, stayed, placed on five years of probation and was ordered to take the MPRE within one year. The...

Upping The Ante

Posted on June 02, 2010
An attorney was admonished by the Virginia State Bar Disciplinary Board for making a false statement to a tribunal in a small claims matter. Unfortunately for the attorney, he was also admitted in the District of Columbia and Delaware. The...

The story of the Louisiana internet/advertising rules and the federal court challenge

Posted on June 02, 2010
Posted by Alan Childress One of my students doing a brief "independent study" on legal ethics wrote her paper on the 2009 Louisiana bar regulation of advertising, including internet and web advertising and blogging, and certain per-use fees and screening...

Speak Into The Microphone

Posted on June 01, 2010
The New York Appellate Division for the First Judicial Department today imposed a six-month suspension of an attorney after receiving evidence of secretly tape-recorded conversations made by the client: An investigation commenced into this matter upon a complaint from a...

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Unacceptable Computer Use

Posted on June 01, 2010
Also from the California Bar Journal: [A judge] was suspended for two years, stayed, placed on two years of probation with a 30-day actual suspension and was ordered to take the MPRE within one year. The order took effect Oct....

Pink Slip

Posted on June 01, 2010
The California Bar Journal June 2010 edition reports: [An attorney] was suspended for one year, stayed, placed on two years of probation with an actual 30-day suspension and was ordered to take the MPRE within one year. The order took...

Crossing the Line

Posted on June 01, 2010
The Georgia Supreme Court has accepted a petition for voluntary surrender of the law license of an attorney admitted in 1995. The attorney was convicted of felony offenses involving distribution of a controlled substance and "crossing a guard line with...

5th Annual Conglomerate Junior Scholars Workshop

Posted on June 01, 2010
Posted by Jeff Lipshaw I can tell you that one of the most difficult things for an aspiring professor to do is actually to get a paper read! Hence, if you write in the area of business law, I strongly...

Permissible But With Extreme Caution

Posted on May 31, 2010
A judicial ethics opinion from Kentucky gives a "qualified" endorsement of judges friending on facebook:In conclusion, even a cursory reading of this opinion should make clear that the aCommittee struggled with this issue, and whether the answer should be a...

Serving The Dead

Posted on May 30, 2010
A Massachusetts attorney was suspended for six months and one day for serving a summary judgment motion on opposing counsel of record. The problem? He knew that counsel of record had recently died. The memorandum and order in the case...

Gentlemanly Restraints Removed

Posted on May 28, 2010
The web page of the Massachusetts Board of Bar Overseers reports a disbarment imposed by a single justice of the Supreme Judicial Court for misappropriation of entrusted funds and related misconduct. The Board's Memorandum describes the misconduct and the attorney's...

Thefts From Law Firm Draw Nine-Month Suspension Recommendation

Posted on May 28, 2010
The Illinois Review Board has recommended a nine-month suspension of an attorney admitted in 2000. The attorney had clerked at and practiced with a law firm. When his income declined in 2005, the attorney received fees due the firm and...

D.C. To Consider Screening Proposals

Posted on May 27, 2010
An announcement from the web page of the District of Columbia Bar: D.C. Bar Rules of Professional Conduct Review Committee is soliciting public comment on whether Rule 1.10 (imputed disqualification) of the D.C. Rules of Professional Conduct should be revised...

The Difference Between A Jailhouse And A Courthouse

Posted on May 27, 2010
A majority of the Supreme Court of Washington reversed a criminal conviction for second degree murder of a defendant tried in a jailhouse rather than courthouse. Defense counsel had strenuously objected to the venue. The court noted: The difference between...

The Prosecutors Of Marion County

Posted on May 27, 2010
Two attorneys in Marion County, Indiana were publicly reprimanded by the Indiana Supreme Court in the wake of alcohol-related driving offenses. that were committed while the attorneys served as deputy prosecutors. In one matter, the attorney pled guilty to a...

Indefinite Suspension For Sexual Behavior

Posted on May 27, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio today imposed an indefinite suspension against the law license of [a] Fremont attorney...for multiple professional misconduct violations, including inappropriate touching of and sexual remarks to clients...

"Less Than Stellar Customer Relations" Or Something More?

Posted on May 27, 2010
The Oregon Supreme Court imposed a 30-day suspension of an attorney for his failure to communicate with a client named Cohn. The court considered but was unimpressed with the attorney's view that the conduct displayed "poor business sense" but did...

Consulting For Profit And Discipline

Posted on May 26, 2010
The Pennsylvania Supreme Court approved a consent three-year suspension of an attorney convicted of making a materially false statement to the federal government. The statements (five in total) were in reports filed with the National Library of Medicine and falsely...

Who Is The Client?

Posted on May 26, 2010
A recent admonition is summarized on the web page of the Massachusetts Board of Bar Overseers:In June 2007, the respondent met with a long-standing client and her mother. The client informed the respondent that her mother was terminally ill and...

Contingent Fee Allowed In Domestic Partner Litigation

Posted on May 25, 2010
The Ethics Committee of the South Dakota State Bar opines that a contingent fee may be charged in a contract action betwen domestic partners. Rule 1.5(d) prohibits such arrangement in domestic relations actions involving divorce, support or the value of...

ABA Take Heed

Posted on May 25, 2010
A notable trend in the past 25 years has been the rise of Bar-sponsored programs dedicated to providing help and treatment to members who have struggled with addictions and/or mental health issues. Sometimes, treatment does not work and the attorney....

Current events in U.S. legal ethics, 2009-2010, according to my students (and benefit Tulane's PILF)

Posted on May 25, 2010
Posted by Alan Childress Several students writing Independent Studies papers this spring on legal ethics for me, joined by some from an advanced ethics seminar taught by a colleague, have their work collected into a new digital book on current...

The Wrong Way To Collect Fees

Posted on May 24, 2010
A Colorado attorney was suspended for 18 months based on his conditional admission of misconduct. The summary of the case indicates that: ...[the attorney] settled his own claim for fees against a former client as he negotiated his current client's...

Disqualification Order Not Appealable

Posted on May 24, 2010
The South Carolina Supreme Court held that the State may not directly appeal an order disqualifying an assistant solicitor. The facts: The defendant in this case...was charged with the murder of his ex-wife...as well as one count each of first-degree...

Advice From a Former Bar Prosecutor

Posted on May 24, 2010
The Louisiana Supreme Court imposed an 18-month suspension of an attorney who had stipulated that he had failed to provide diligent representation to three clients and "repeatedly provided them with inaccurate or incomplete information." One one matter, he undertook a...

Blogging PD Suspended

Posted on May 22, 2010
The Illinois Supreme Court accepted the proposed sanction of its Review Board and imposed a 60 day suspension against an attorney who had blogged about her cases. Legal Blog watch had reported the allegations: A former Illinois assistant public defender...

The Death Of Shadow

Posted on May 21, 2010
The Vermont Supreme Court held today that a bereaved dog owner can only recover the replacement cost of their murdered pet: This case asks the Court to decide the proper measure of damages for the loss of a family dog....

Dangers Of High Volume Practice

Posted on May 21, 2010
The Louisiana Attorney Disciplinary Board rejected as unduly lenient a hearing committee's proposed fully stayed suspension and has recommended a three-month suspension with all but 30 days stayed, followed by supervised probation for six months. The attorney had a high...

Disbarment Recalled, Disbarment Imposed

Posted on May 21, 2010
The New York Appellate Division recalled a decision that had disbarred an attorney as a result of his resignation while a bar complaint was pending. The court determined that resignation should not have been accepted. Why? The attorney had been...

Strong Words

Posted on May 21, 2010
The Missouri Supreme Court discharged a finding of criminal contempt against an attorney for "strong words he used in petitioning the court of appeals for a writ to quash a subpoena issued for a grand jury..." The attorney accused the...

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