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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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Breaking News

Posted on May 10, 2010
No, this blog does not have an inside track on the next nomination to the United States Supreme Court. Nonetheless, reliable sources have informed me that Glenn Grossman has been selected as Maryland Bar Counsel. Glenn follows Mel Hirshman, who...


More Breaking News

Posted on May 10, 2010
The Indiana Supreme Court has announced that Judge G. Michael Witte has been named Executive Secretary to the Disciplinary Commission. The court described the experience of Judge Witte: The majority of Judge Witte?s career was spent serving the Dearborn Superior...


"Serious And Serial"

Posted on May 10, 2010
The Indiana Supreme Court imposed a one-year suspension without automatic reinstatement of an attorney concited od a second alcohol-related driving offense.The first offense took place in March 2003 and led to a stayed six-month suspension with 12 months of probation...


Contract Attorney Disbarred

Posted on May 10, 2010
The Pennsylvania Supreme Court has accepted the consent to disbarment of an attorney who was placed on inactive status in September 2008. Appended to the court's order are two petitions charging ethical misconduct. One charges the respondent with billing fraud...


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Defamation Suit Barred By Immunity

Posted on May 07, 2010
The Maryland Court of Special Appeals affirmed the dismissal of a defamation action brought against attorneys who had sued the plaintiff company in a federal court class action alleging mortgage fraud. The court held that the plaintiff did not have...


Unauthorized Practice Enjoined

Posted on May 07, 2010
The South Dakota Supreme Court affirmed a trial court's permanent injunction prohibiting the unauthorized practice of law by a graduate of the University of South Dakota School of Law3 who has never been admitted to practice in South Dakota. The...


Second Chances

Posted on May 07, 2010
An attorney who was disbarred in 1989 and reinstated in 2003 offered his resignation in lieu of disbarment and was disbarred by the Massachusetts Supreme Judicial Court. The summary of the matter from the web page of the Board of...


Dissent In "Easy Case"

Posted on May 07, 2010
The Indiana Supreme Court has held that a law firm defendant did not waive the statute of limitations defense in a legal malpractice case by failing to raise the issue in response to the plaintiff's motion for partial summary judgment....


Golf Course Bribe Leads To Disbarment

Posted on May 07, 2010
The New York Appellate Division for the Second Judicial Department struck from its rolls an attorney deemed automatically disbarred as a result of a felony conviction. The court described the circumstances: On January 29, 2009, the respondent entered a plea...


An Attorney With Convictions

Posted on May 06, 2010
An attorney who was convicted of selling 20 Xanax bars to an undercover officer while facing bar charges for a third driving under the influence conviction has been recommended for disbarment by the Louisiana Attorney Discipline Board. The attorney, who...


Dinner And A Head Injury Leads To Legal Malpractice Suit

Posted on May 06, 2010
The New York Appellate Division for the Third Judicial Department affirmed the denial of a plaintiff's motion for partial summary judgment in a legal malpractice case. The plaintiff is a former Olympic wrestler who suffered a head injury in T.G....


Nurse Is Not Fiduciary To Hospital Employer

Posted on May 06, 2010
The web page of the Ohio Supreme Court reports: (May 5, 2010) The Supreme Court of Ohio ruled today that a nurse employed in a hospital, who steals drugs in the course of her employment, does not occupy a ?position...


That's Entertainment (And Thus Is Taxable)

Posted on May 05, 2010
The Wisconsin Supreme Court has affirmed a determination that the Milwaukee Symphony Orchestra must pay a 5% tax on the sale of concert tickets. The symphony had argued that the concerts were primarily eductational, rather than entertainment, and were thus...


No Just Cause To Terminate

Posted on May 05, 2010
The Massachusetts Supreme Judicial Court had reinstated an award by an arbitrator to a public school teacher dismissed for alleged lack of fluency in English. The facts: An arbitrator found that the school committee of Lowell (school committee) did not...


Avoiding Inconsistency

Posted on May 05, 2010
The Ohio Supreme Court agreed with recommendations by a hearing panel and its Board and imposed an indefinite suspension rather than the 18 month suspension that had been jointly proposed by the attorney and disciplinary counsel. The attorney had been...


Sanction For Post-Suspension Practice Of Law

Posted on May 05, 2010
An attorney was suspended for six months in Illinois for making a campaign contribution that did not disclose the true source of the funds. The payment was intended to assist a judge in retiring campaign debts. The donor's motivation was...


Emory Transactional Skills Conference - Reminder!

Posted on May 05, 2010
Just a quick reminder that Emory Law School's conference, Transactional Education: What?s Next?, is being held on June 4 and June 5. Additional information is available by following the link or contacting Edna Patterson at (404) 727-6506 or edna.patterson@emory...


Failed Gatekeeper Censured

Posted on May 04, 2010
The Tennessee Board of Professional Responsibility has imposed a public censure of an attorney. The news release on the matter reports: [The attorney] represented to a client that he would help protect his business while the client was deployed overseas...


Damages For Sullied Reputation

Posted on May 04, 2010
A case decided on May 3 by the Massachusetts Supreme Judicial Court affirmed abuse of process and malicious prosecution claims brought by an attorney who had represented a divorce client. The attorney had been sued by the opposing husband, his...


No Fishing

Posted on May 04, 2010
The New York Appellate Division has agreed with a trial court order quashing a subpoena issued by the Commission on Judicial Conduct to the then New York County District Attorney. The genesis of the matter is described in the court's...


Unattached

Posted on May 04, 2010
The New York Appellate Division for the First Judicial Department affirmed an order denying an attachment sought by a law firm suing for unpaid fees. The court's concluded: Order, Supreme Court, New York County...entered October 5, 2009, which, in an...


Final Final Jeopardy

Posted on May 04, 2010
[I enjoyed reading Shubha Ghosh's trip in TV Land, and it looks like a lot of other blogs or forums pointed their way to his posts; here is his Epilogue.--Alan] The recent Jeopardy posts may have come across as somewhat...


Public Policy, Punitive Damages And Fee Awards

Posted on May 04, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio ruled today that an award of attorney fees in a civil lawsuit is distinct from an award of punitive damages, and the public policy of the...


Multiple Problems Lead To Supension, Probation

Posted on May 03, 2010
Another recent discipline case summarized in the California Bar Journal:[An attorney] was suspended for four years, stayed, placed on two years of probation with a two-year actual suspension and until he makes restitution and proves his rehabilitation, and he was...


In The Green Room

Posted on May 03, 2010
A report on a bar discipline case from the May 2010 online edition of the California Bar Journal:[An attorney] was suspended for three years, stayed, and actually suspended for two years and until the State Bar Court grants a motion...


Balm For The Heart

Posted on May 03, 2010
The New Jersey Appellate Division affirmed the dismissal brought by a father against a mother (the two had children together but had never married) for intentional infliction of emotional distress caused by conduct that had alienates the affections of his...


Scrivener for Lawyers

Posted on May 02, 2010
Posted by Jeff Lipshaw I don't ever do solicited product endorsements but my son-in-law Simon, IT guru and Mac aficionado, referred me some time ago to a writer's program called Scrivener, which I now use to organize notes and sources...


Ghosh on Jeopardy, Part IV: Final Jeopardy (and a parallel to legal education?)

Posted on May 02, 2010
[Our final installment of Shubha's appearance on Jeopardy. And as I promised, here is one other writing you can see from him, perhaps a bit more technical, his coauthoed West casebook, Intellectual Property. Where we left off, Shubha was about...


Ghosh on Jeopardy, Part III

Posted on May 02, 2010
[Third in a series on Prof. Ghosh's appearance Friday, April 30, at least in TV time that is, on the grueling quiz show, in his own words. A Legal Profession Blog exclusive. -- Alan] That morning the Jeopardy crew was...


Second Chance Given, Attorney Reprimanded

Posted on May 02, 2010
A Virginia attorney was reprimanded for failure to supervise a legal secretary who embezzled from his law firm. The employee was on probation for theft when the attorney hired her at the suggestion of his father, who had founded the...


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