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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

With Friends Like These...

Posted on December 06, 2009
An attorney had a "longtime friend and client" who was arrested on a charges of possession of cocaine. The friend set up the attorney in exchange for leniency by advising police that he could obtain marijuana from him. The attorney...

Conference on Transactional Education - Emory Law School, June 4-5, 2010

Posted on December 05, 2009
Posted by Jeff Lipshaw Emory University School of Law?s Center for Transactional Law and Practice is delighted to announce its second biennial conference on the teaching of transactional law and skills, Transactional Education: What?s Next? The conference will be held...

Admission Sufficient To Accept Resignation

Posted on December 04, 2009
The New York Appellate Division for the First Judicial Department has accepted the resignation and struck from its rolls an attorney in the wake of findings of dishonesty in his post-divorce litigation. The court notes: ...this Court granted the Departmental...

A Bump In the Road

Posted on December 04, 2009
An Arizona hearing officer has recommended the censure of an attorney who is a certified specialist in personal injury and wrongful death. He had a number of clients who faced "challenging financial circumstances" and arranged loans to clients through an...

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Unwarranted Professional Courtesy

Posted on December 04, 2009
An attorney who was appointed as trustee to conduct the sale of real property failed to distribute the proceeds in a timely manner. One of the parties retained counsel and directed the attorney to distribute the proceeds in care of...

Convicted Justice Disbarred

Posted on December 04, 2009
The New York Appellate Division for the Third Judicial Department has accepted the resignation of a former state Supreme Court Justice and entered an order of disbarment. The former justice had been convicted of bribery and extortion in federal court...

Not Endorsed By The Times

Posted on December 04, 2009
The New York Commission on Judicial Conduct has admonished a judge of the New York City Civil Court for New York County based on allegations that the judge personally had solicited campaign contributions and that her campaign literature misrepresented that...

"I Have Personal Failings Like Everyone Else, And I Have Not Been True to My Values And the Behavior My Family Deserves"

Posted on December 03, 2009
Posted by Jeff Lipshaw I am in Detroit for a family matter. I spoke to my wife from the car at about 7 a.m. She asked me if I would pick up and bring home some of her favorite pecan...

Two Law Profs (in Tax) Are Challenged As Expert Witnesses

Posted on December 03, 2009
Over at our sister blog TaxProf (well, a very big sister), Paul Caron reports this fairly unusual situation in which two established professors of tax law (Ethan Yale of Virginia and David Weisbach of Chicago) are being challenged by the...

A Family Matter

Posted on December 03, 2009
The Louisiana Supreme Court has disbarred an attorney for ethical violations in dealings with his former sister-in-law. His brother worked for Halliburton and had named his wife as the beneficiary of his life insurance. The brother gave his brother/lawyer power...

Paralegal Arranges Suspension Of Lawyer

Posted on December 03, 2009
Here's a rather remarkable disciplinary matter in which the Pennsylvania Supreme Court vacated an order of suspension based on the following findings. The attorney was suspended for non-compliance with CLE obligations. Thereafter, charges of unauthorized practice were brought...

Parents Entitled To Effective Assistance In Termination Of Parental Rights Matters

Posted on December 03, 2009
"Deciding an issue of first impression," the Maryland Court of Special Appeals has held that the parents in a termination of parental rights case are entitled to effective assistance of counsel. In the matter, the Office of the Public Defender...

Tick Tock, Tick Tock

Posted on December 02, 2009
In a sharply worded 41-page opinion, an Arizona hearing officer rejected all disciplinary charges in a case brought over a decade after the (complex) events took place. The attorney was a member a law firm in which a partner had...

Conditional Plea Leads To Disbarment

Posted on December 02, 2009
The Tennessee Supreme Court agreed that a hearing panel had acted within its authority and affirmed an order of disbarment. The attorney initially had defaulted on consolidated charges arising from four client complaints. At a subsequent hearing on sanction, he...

"An Overarching Breach"

Posted on December 02, 2009
From the web page of the Ohio Supreme Court: The law license of [a] Willoughby attorney...has been suspended for 18 months, with the final six months of that term stayed on conditions, for mishandling a decedent?s estate and committing other...

Charges Allege Excess Zeal

Posted on December 02, 2009
The Illinois Administrator has filed a complaint alleging misconduct by an attorney appointed by a county public defender to (i) represent a juvenile charged with criminal sexual assault and (ii) represent the parents in a matter involving protective custody of...

The Silverdome and the Fixed Cost Dilemma

Posted on December 02, 2009
Posted by Jeff Lipshaw Mark Edwards (William Mitchell, left), a guest blogger at Concurring Opinions, has an interesting post on the recent fire sale disposition of the Silverdome, the former home of the Detroit Lions, primarily on the subject of...

Hooray for Us! We're Number, Um, In the Top 100!

Posted on December 01, 2009
Posted by Jeff Lipshaw Thanks to the efforts of Mike Frisch and Bill Henderson, we've once again made the ABA Journal Top 100 Blawg List. Over at Legal Ethics Forum, my friend and colleague, Andy Perlman, has implicitly acknowledged us...

Excessive Fees Result In Probation

Posted on December 01, 2009
More from the California Bar Journal: [An attorney] was suspended for two years, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect May 9, 2009. While one of...

Change Coming To California

Posted on December 01, 2009
From the web page of the California Bar Journal: After nine years of work by its Rules Revision Commission, the State Bar Board of Governors has approved 35 revisions of the California Rules of Professional Conduct on issues ranging from...

Caperton V. Massey: The Last Word?

Posted on December 01, 2009
Justice Workman has filed her dissent: Neither the sheer length of the majority's opinion, nor the large number of cases cited (but erroneously applied), nor even its expansive conclusory statements, can obfuscate its lack of sound legal reasoning and its...

$5,000 And A Rolex Watch

Posted on December 01, 2009
The Louisiana Attorney Disciplinary Board has dismissed as unproven charges against a criminal defense attorney. The attorney represented the incarcerated former leader of the Louisiana Hell's Angels. The client owed fees to the lawyer. A person delivered to the lawyer...

"Couch Of Restitution"

Posted on November 30, 2009
The Michigan Attorney Discipline Board has affirmed findings of misconduct but increased the sanction from a 120 day suspension to 180 days. The attorney had pleaded guilty to a misdemeanor assault and battery in exchange for dismissal of charges of....

Timely But Dismissed

Posted on September 30, 2009
The New York Appellate Division for the First Judicial Department affirmed the dismissal of a number of related claims of legal malpractice but disagreed with the trial court's determination that the claims against firms and individual attorneys were time-barred: Although...

Commingling Roles Draws Suspension

Posted on September 30, 2009
The Oklahoma Supreme Court has imposed a one-year suspension of an attorney in connection with his misuse of funds in a spendthrift trust that the attorney set up. The key legal conclusion: Vis-a-vis the Kulp Trust respondent acted in a...

Legal Tsunami

Posted on September 30, 2009
An Illinois Hearing Board has recommended that an attorney be disbarred for conduct described in these findings: The evidence, along with the admitted allegations, established that during the period from May 2003 through July 2005, Respondent was the principal and...

Lipshaw Creates Firestorm By Talking About Religion and Brian Leiter

Posted on September 30, 2009
Two subjects that, Miss Manners said, should never be the talk at a formal dinner. Anyway, Jeff's SSRN piece analyzing Leiter's conception of religion has become "recommended reading" by Larry Solum on the Legal Theory Blog, and is number one...

How FEMA Trailer Lawsuits Are Briefcases On "Deal Or No Deal"

Posted on September 30, 2009
Posted by Alan Childress I assume that most lawyers, like me, find Deal Or No Deal unwatchable. One of the many reasons is that contestants use a decisionmaking process akin to clients, rather than "thinking like lawyers." Lawyers would never...

Lend to Family...Really?: A Critique of Some Weird Financial Advice and an Aristotelian Lesson

Posted on September 29, 2009
Posted by Jeff Lipshaw Somebody had ripped my gym's Time, the one with Glenn Beck on the cover, to shreds, so I was reduced to reading the October 2009 edition of Money or this month's edition of Club Management. I...

Justice As Character Witness

Posted on September 29, 2009
From the online edition of the Detroit News: A Michigan Supreme Court justice may be called as a defense witness on behalf of a retired Wayne County judge accused along with an assistant prosecutor and two police officers of allowing...

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