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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

A Night At The Movies

Posted on May 01, 2010
A report of a recent bar discipline case from the web page of the Massachusetts Board of Bar Overseers: On about June 11, 2000, at about 2:00 a.m., a friend of the respondent?s slipped and fell in the ladies? room...

Guest Series by Shubha Ghosh, Wisconsin Law Prof and Jeopardy! Contestant Yesterday

Posted on May 01, 2010
[Dr. Shubha Ghosh (Wisc., Law), who with Jeff is the most well-read guy I know and a frequent blogger elsewhere, has graciously agreed to write for us a series on his very recent experience playing Jeopardy! He is coauthor of...

Ghosh on Jeopardy, Part II

Posted on May 01, 2010
[Yesterday Shubha Ghosh, U. Wisc. law prof, appeared on Jeopardy! and was kind enough to share his tale. Here's part 2. -- Alan.] The trip from the hotel to the Jeopardy studios consisted of a twenty minute shuttle tour of...

Bilking Elderly Client Draws Suspension

Posted on April 30, 2010
The New York Appellate Division for the Second Judicial Department imposed a six-month suspension with reinstatement conditional on a further court order of an attorney who had charged excessive (but not illegal) fees to a elderly client who suffered from...

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"A Serious Blow to Legal Education": La. to Effectively End Clinics? (Or Dialysis Patients Will Suffer?!)

Posted on April 30, 2010
Posted by Alan Childress Law School clinics in several states, notably in Maryland and Louisiana now, are under fire. Real people may be hurt beyond imagination -- from indigent clients and neighborhood assocations to law students and ordinary medical patients...

"Do I Get A Bonus?" No, You Get a Censure

Posted on April 30, 2010
An Arizona Hearing Officer has recommended a censure of an attorney for conduct in representing a 100 year old client in estate planning. According to the attorney, he jokingly asked the client something to the effect "Do I get a...

Attorney's Drug Use Places Clients At Risk

Posted on April 30, 2010
The web page of the Ohio Supreme Court reports: The law license of [a] Cleveland attorney...has been suspended for two years, with the final 18 months of that term stayed on conditions, for professional misconduct arising from his admitted use...

Full Time Help As A Matter Of Right

Posted on April 30, 2010
The Nebraska Supreme Court has held that a county board of supervisors lacked the authority to deny the request of the elected county attorney to hire a full time secretary. The board had approved only part-time support. The court majority...

Don't Mess With The Opera

Posted on April 30, 2010
The Illinois Hearing Board has recommended a censure of an attorney who had prepared a series of testamentary documents for a client that included bequests to him. The attorney acknowleged the conduct but and indicated that he was not aware...

Update on Bill Threatening La. Student Clinics: SALT Weighs In

Posted on April 30, 2010
Posted by Alan Childress [The Society of American Law Teachers has a list of past presidents and board members that reads like a who's who of the law prof world. A letter sent to Dean Griffin of Tulane today, by...

Defending The Mayor Part Two

Posted on April 30, 2010
Two additional bar discipline reports have been filed in connection with ethics charges brought in Michigan against attorneys in connection with litigation involving former Detroit Mayor Kwame Kilpatrick. In one matter, the tri-county hearing panel found that the charges against...

"Those Rats"

Posted on April 29, 2010
An Arizona hearing Officer has recommended a public censure and probation for two years in a two-count bar disciplinary matter. The first count involved the operation of his escrow account, which the accused attorney conceded was "sloppy bookkeeping in the...

Lawyers On, If Not In, Jeopardy!

Posted on April 29, 2010
Posted by Alan Childress Lawyers and law professors have been well represented on game shows over the years, and have been -- my impression is -- quite successful on Jeopardy! I do know (by emails) one undefeated five-time champion: Pat...

Joint Report Recommends Changes to Legal Education for Practice and CLE Training

Posted on April 29, 2010
Posted by Alan Childress From a press release this morning: Recommendations for improving the training of lawyers to meet the challenges of the 21st century were explored at Equipping Our Lawyers: Law School Education, Continuing Legal Education, and Legal Practice...

Judges Needing Lawyers

Posted on April 29, 2010
May a judge who needs a lawyer negotiate for a reduced legal fee? Yes if based on legitimate factors other than judicial status, according to a recent opinion of Florida's Judicial Ethics Advisory Committee. The facts: Prior to taking the...

Ohio Changes Criminal Discovery Rules

Posted on April 29, 2010
The web page of the Ohio Supreme Court announced yesterday changes in criminal discovery rules: The Supreme Court of Ohio today filed with the Ohio General Assembly final amendments to the annual update of the Rules of Practice and Procedure,...

Watch Who You Treat Rudely

Posted on April 28, 2010
The New York Commission on Judicial Conduct censured a non-lawyer village court justice for misconduct in presiding over two traffic matters. One matter involved a defendant who had appeared before the justice on many prior occasions. The justice "coerced a...

Watch Who You Treat Rudely

As Minnesota Goes, So Goes Wisconsin

Posted on April 28, 2010
The Wisconsin Supreme Court imposed the reciprocal discipline of license revocation of an attorney disbarred in Minnesota for misappropriation of funds due to his law firm. The court described the facts: On October 14, 2009, [the] Attorney...pled guilty to one...

Conviction Leads To Consent Suspension

Posted on April 27, 2010
The Pennsylvania Supreme Court approved a consent disposition and imposed a suspension of a year and a day based upon an attorney's conviction at a jury trial of crimes that adversely reflected on fitness to practice law. The attorney resided...

Judge Not Thy Neighbor

Posted on April 27, 2010
A justice court judge of Jefferson Davis County was publicly reprimanded and suspended without pay for six months by the Mississippi Supreme Court. The judge had presided over a case where he had known both parties. He had known one...

The Wrong Way To Wind Up A Practice

Posted on April 27, 2010
The South Carolina Supreme Court imposed a definite suspension of no longer than two years and ordered restitution in a matter where the attorney left practice for a different career. The facts: Respondent operated a solo practice in Barnwell for...

Verdict First, Trial Later

Posted on April 27, 2010
A South Carolina county magistrate was reprimanded by the Supreme Court for the following: A defendant who was charged with simple assault failed to appear for her trial before respondent. Respondent found the defendant guilty in her absence without any...

Not Fast Enough To Defeat Death

Posted on April 27, 2010
An Arizona Hearing Officer has recommended a suspension for one year followed by one year of probation in a case involving findings of a pattern of serious dishonesty. The attorney was admitted in California in 1979 and became a member...

Sense and Nonsense at the Goldman Hearings

Posted on April 27, 2010
Posted by Jeff Lipshaw Thoughts in no particular order: 1. Ben Heineman, the former Senior V.P. and General Counsel of General Electric has some thoughtful comments on the difference between legal and right (at the Harvard Forum on Corporate Governance...

Another Disqualification Overturned

Posted on April 26, 2010
The Maine Supreme Court vacated a judgment disqualifying a Washington, D.C. law firm in a matter in which an employee claimed a hostile work environment while employed at the Maine Education Association. The Association hired the law firm to conduct....

Not Substantially Related

Posted on April 26, 2010
The New Jersey Supreme Court has reversed an order disqualifying a law firm from representing a municipality in defense of tax appeals during 2006-2007. The court concluded that the prosecution of individual taxpayer' 2009 tax appeals against the municipality was...

Metaphor and Meaning: Of Bacterium, Basketball, and Bonds

Posted on April 25, 2010
Posted by Jeff Lipshaw While I was working on the elliptical just now, I was watching a Teaching Company DVD with a University of Colorado physicist named Steven Pollock conducting a course in particle physics for non-scientists (don't ask why)....

Accountant Sanctioned For Conflict Of Interest

Posted on April 24, 2010
The Idaho Supreme Court affirmed sanctions imposed by the State Board of Accountancy against an accountant who had engaged in a personal relationship with a client while jointly advising the client and her spouse in the preparation of a joint...

Can a Discussion of Contract Theory Up Front Allay the Usual First-Year Angst About Consideration (and Everything Else)?

Posted on April 24, 2010
After a fair amount of writing on contract theory, I've been assigned to teach contracts next year (for the first time since I taught the first semester of the full year offering at Wake Forest in 2005). I have been...

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