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Ethics

: Legal Ethics Forum

Legal Ethics Items (September 16, 2010)

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  • Here's an interesting new case from the Supreme Court of Oklahoma: In re Application for Reinstatement of Stewart.  The lawyer had failed to pay off her tax liability but had the liabilities discharged in bankruptcy.  In weighing the bid for reinstatement, the court originally considered the lawyer's "moral" failure in not paying off the discharged liabilities.  Upon reconsideration, the court concluded that under federal bankruptcy law it should not have considered the failure at all.  There was a dissent.  
  • Charleston Gazette: the West Virginia Supreme Court heard oral argument in an appeal by the disciplinary body after a coal company lawyer had been cleared in charges arising from an incident where the lawyer handed over only a portion of a doctor's report to a pro per miner suffering from black lung. The briefing is available at the link.  It seems that feelings are running high on this case.
  • In this Maryland case, Ross v. Chakrabarti, a non-lawyer obtained a power of attorney to act for someone injured in a collision and the non-lawyer was miffed when the insurance company ignored him and settled the case without going through him.  The trial and appellate courts were considerably less miffed at the insurer.  Not too surprisingly, a power of attorney does not an attorney make.
  • ABA Journal: the push for a national bar exam continues.
  • Legal Newsline: how some Alabama plaintiffs lawyers navigated the limitations on donations to a candidate for judicial election so that the lawyers gave $600,000 without appearing by name on the list of the candidate's donors. (h/t: Point of Law)

Full post as published by Legal Ethics Forum on September 16, 2010 (boomark / email).

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