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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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Reflection Time

Posted on March 25, 2010
An Illinois Hearing Board has recommended a 15-month suspension of an attorney who had aided the unauthorized practice a longtime friend who had been disbarred. the attorney also made false statements about his conduct in the ensuing bar discipline case...


New IOLTA Rules In D.C.

Posted on March 24, 2010
The web page of the District of Columbia Bar reports this rule change: The District of Columbia Court of Appeals has adopted amendments to the rules governing the Interest on Lawyers? Trust Accounts recommended by the D.C. Bar Board of...


13 Year Old Climbing Everest? More Than Just Bad Parental Judgment?

Posted on March 24, 2010
Posted by Jeff Lipshaw In the gym today, I was reading an article in Outside that reminds me of a Law & Order plot's back story. I don't know anything about family law, but I do write about judgment, and...


Village People

Posted on March 24, 2010
The New York State Commission on Judicial Conduct has admonished a village court justice (who is an attorney) for delayiing the disposition of a large number of traffic matters for the convenience of police officers and the financial benefit of...


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Center on the Profession at Akron Law Features Adam Liptak on April 6

Posted on March 24, 2010
Posted by Alan Childress Kicking off some of the great legal profession and ethics work now being done at the new U. Akron Joseph G. Miller and William C. Becker Center for Professional Responsibility is their inaugural offering in the...


Complainant Incredible, Lawyer Reprimanded

Posted on March 24, 2010
The Wisconsin Supreme Court imposed a public reprimand of an attorney in connection with his handling of a probate matter. the attorney had previosly been disciplined for a conflict of interest. A referee had sustained chargers that the attorney had....


No Relief For "Substantial And Concerning Judicial Independence Issues"

Posted on March 24, 2010
The South Carolina Supreme Court dismissed an appeal brought by a family court judge who has served "ably and with honor" since 1993 and has been re-elected to office for two successive six-year terms. In South Carolina, candidates for judicial...


The Limits Of Liens

Posted on March 23, 2010
The State of Washington Court of Appeals held that a trial court was not authorized to reduce an attorney lien to an independant judgment and reversed the foreclosure of the lien. The attorney had represented the client in a postdissolution...


Absence Of Profit No Impediment To Bar Sanction

Posted on March 23, 2010
A former Ernst & Young partner was disbarred by the New York Appellate Division for the Fiorst Judicial Department as a result of a criminal conviction: On July 26, 2009, respondent, along with another person was charged in a 12-count...


Lawyer Sanctioned For Violation Of Organization Client Rule

Posted on March 23, 2010
The web page of the Virginia State Bar reports: On March 11, 2010, the Virginia State Bar Disciplinary Board issued a public reprimand to [an attorney] for violating disciplinary rules that govern an organization as a client. The case involved...


Client Had "Disposable Income And A Zealous Interest In Litigating"

Posted on March 20, 2010
A recent bar discipline decision was summarized on the web page of the Massachusetts Board of Bar Overseers: The Board of Bar Overseers (board) filed an Information recommending that the respondent...be suspended from the practice of law for a term...


County Attorney Suspended

Posted on March 19, 2010
An Iowa attorney was suspended for an indefinite period not to exceed six months by the Iowa Supreme Court. The attorney was admitted in 2004 and is presently the Floyd County Attorney. The complainant alleged that the attorney had engaged...


Fish Tale

Posted on March 19, 2010
The Iowa Supreme Court has imposed a public reprimand of an attorney in connection with his representation of a husband and wife charged with criminal violations that related to purchasing and reselling game fish harvested in Iowa in their grocery...


Not Substantially Related

Posted on March 19, 2010
The Nebraska Supreme Court reversed an attorney disqualification orderin a matter involving a peripatetic employee. When the employee joined a printing company in 2003, he was sued by a former employer for an alleged violation of a covenant not to...


No Attorney-Client Relationship

Posted on March 19, 2010
The Lousiana Supreme Court imposed a public reprimand of an attorney who was involved in a dispute over the installation of stained concrete flooring in a custom home. The owner of the building company (respondent was dating the owner at...


Fee Sharing Agreement Does Not Create Joint Venture

Posted on March 18, 2010
The Maryland Court of Appeals addressed the implications of a fee sharing agreement between two attorneys pursuing a medical malpractice case. Attorney One referred the matter to Attorney Two early in the prosecution of the case. They entered into an...


Weighing Factors Leads To Lengthy Suspension

Posted on March 18, 2010
The Minnesota Supreme Court imposed an indefinite suspension of at least two years for incompetent representation and related violations in the representation of a client in a bankruptcy matter. The client had wished to protect the proceeds of a structured...


It'a A Puzzlement

Posted on March 18, 2010
The Oklahoma Supreme Court denied a petition for reinstatement of an attorney who had resigned while facing a panel's proposed suspension of two years and a day. The court was unimpressed with the asserted reason for misappropriation of entrusted funds:...


Indefinite Supension

Posted on March 18, 2010
The Ohio Supreme Court web page reports: The Supreme Court of Ohio today imposed an indefinite suspension against the law license of [a] Columbus attorney...for multiple acts of misconduct in his dealings with a client he represented in a personal...


Former Bar Employee Sentenced To Prison

Posted on March 18, 2010
From the March 2010 California Bar Journal online edition: A former State Bar employee was sentenced to 32 months in state prison last month after she admitted embezzling more than $600,000 from the agency. Sharon Elyce Pearl, 52, pleaded no...


No Basis For Counterclaims Against Law Firm

Posted on March 17, 2010
A recent decision of the New York Appellate Division for the First Judicial Department: Plaintiff law firm represented defendants in a federal civil action and state criminal action arising out of defendants' misappropriation of funds from defendant wife's prior employer...


"I Would Disbar This Felon"

Posted on March 17, 2010
The Oklahoma Supreme Court has suspended an attorney for two years and a day for three misdemeanor and one felony conviction. The facts: This case is a disciplinary proceeding against Respondent...[He] was convicted in Pawnee County of felony unlawful possession...


A Push Too Far

Posted on March 17, 2010
The Indiana Supreme Court approved an agreement for discipline of an attorney for repeated neglect, failure to communicate with clients, failure to cooperate with the bar investigation, failure to retirn unearned fees, and filing inadequate appellate briefs...


What, Me Disbarred?

Posted on March 16, 2010
An Illinois hearing board has recommended the denial of a petition for reinstatement of an attorney who had consented to discipline in 1987. The attorney contested that the consent was to disbarment: One of the most obvious indications that Petitioner...


American Bar Foundation: Call for Visitors, 2010-11

Posted on March 16, 2010
[Posted by Bill Henderson] The American Bar Foundation invites scholars to join the intellectual community of the ABF for the 2010-2011 academic year (8/31/10 to 6/30/11). For visitors, the ABF offers an office, phone, and computer but no stipend. The...


No Funeral

Posted on March 16, 2010
An Arizona Hearing Officer has recommended a public censure with probation for one year of an attorney who represented a client being sued for fees by the client's former attorney. A hearing was scheduled on the collection proceeding after the...


Ohio May Change Unauthorized Practice Rules

Posted on March 16, 2010
The Ohio Supreme Court has asked for public comment on proposed revisions to its rules governing unauthorized practice. The court's web page summarizes the proposals: Under changes proposed to the Supreme Court of Ohio Rule governing the Unauthorized Practice of...


"I Have It On My Resume"

Posted on March 16, 2010
The Maryland Court of Appeals reaffirmed its intolerant attitude toward conduct involving serious dishonesty in a reciprocal discipline matter from Texas. The attorney had been issued a judgment of public reprimand for litigation misconduct that involved a document attached to...


Use of Handicapped Parking Tags Leads To Suspension

Posted on March 16, 2010
A summary of a bar discipline matter from the web page of the Massachusetts Board of Bar Overseers: The respondent provided legal services to a client in a variety of matters between 1998 and 2001. The respondent also socialized with...


Reciprocal Discipline Imposed

Posted on March 15, 2010
The District of Columbia Court of Appeals rejected the contentions of a high-profile attorney that he had been denied due process and that there was an infirmity of proof in the Florida bar disciplinary sanction of a three-year suspension. The...


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