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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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What Is A Law Firm?

Posted on March 12, 2009
The Indiana Supreme Court held yesterday that a lawyer did not engage in misconduct charged by its Disciplinary Commission. The issue was whether the charged lawyer and another lawyer ("Paul") were "associated in a firm" for purposes of imputed conflicts...


Judge Reprimanded For DUI

Posted on March 12, 2009
A circuit court judge convicted of driving while impaired was reprimanded by the Indiana Supreme Court. The court determined that driving with a blood alcohol level of .15 violated judicial canons of ethics. the judge had tendered an agreement regarding...


The Care And Feeding Of Magistrates

Posted on March 11, 2009
From the Ohio Supreme Court web page:Two recent advisory opinions from the Supreme Court of Ohio?s Board of Commissioners on Grievances & Discipline offer guidance on travel expenses and dinner invitations for juvenile court judges and staff and on outside...


Reverse Contingent Fees

Posted on March 11, 2009
A recent opinion of the D.C. Bar Legal Ethics Committee concludes:A reverse contingent fee is a fee that is based upon the difference between the amount a third party demands from a lawyer?s client, and the amount ultimately obtained from...


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Partnership Agreement At Issue

Posted on March 11, 2009
Two lawyers practiced as partners from 1978 to 1998 without a partnership agreement for most of that time. They began to discuss an agreement in 1994 but did not reduce it to writing until July 1998. The partnership dissolved as...


Untimely Malpractice Suit Dismissed

Posted on March 11, 2009
The Connecticut Appellate Court affirmed a trial court order dismissing a legal malpractice case on statute of limitations grounds. The attorney had been admitted pro hac vice in Connecticut to handle the client's criminal defense. The court here held that...


Ribstein & Lipshaw's New Unincorporated Business Association Casebook

Posted on March 10, 2009
Posted by Jeff Lipshaw Attention law professors who are going to be teaching a course called anything like "Unincorporated Business Associations," or "Agency and Partnership" or "Partnerships and LLCs"! Larry Ribstein (Illinois, left) and I are in the final stages...


Vacated But Not Reinstated

Posted on March 10, 2009
An attorney was disbarred in New York as a result of a felony drug conviction. He participated in court-ordered treatment which resulted in the reduction of the felony conviction to a misdemeanor offense. He then moved to vacate the order...


Unmet Needs Lead To Amended Admission Rule

Posted on March 10, 2009
The North Dakota Supreme Court has adopted effective March 15 a new rule that will allow attorneys admitted in other jurisdictions to provide volunteer legal services in civil matters through approved legal services agencies. The rule was adopted in light...


Sorry, I Lost It

Posted on March 10, 2009
A Louisiana hearing committee agreed with a joint proposal for sanction and recommended a six-month stayed suspension in a case where the lawyer was hired to seek removal of a material man's lien. The lawyer received a fee advance of...


Lassie Come Home

Posted on March 10, 2009
During the course of their 13 year relationship, a couple purchased a pedigree dog for $1,500. They were both registered as owners of the pet with the kennel club. When the relationship ended and effects were divided, the woman took...


Pay The Invoice

Posted on March 10, 2009
A criminal defendant charged with malice murder was convicted and sentenced to death but his habeas petition led to an order for a new trial. New counsel were appointed by the then Director of the Georgia Public Defender Standards Council...


Slam Dunk

Posted on March 09, 2009
The South Carolina Supreme Court disbarred lawyer Michael Jordan as a result of admitted misconduct in two matters. One matter involved the following misconduct:Respondent entered into a contract with his friend and business associate, Complainant. In the contract, respondent agreed...


License To Steal

Posted on March 09, 2009
An attorney voluntarily surrendered his license to practice law in Georgia, which the Georgia Supreme Court accepted as a sanction "tantamount to disbarment" in a case involving conversion of the proceeds of a personal injury settlement. The court noted that...


Financial Realities Of Protracted Litigation

Posted on March 09, 2009
In an opinion and recommendation finding no ethical violations in the representation of a client in a divorce case involving substantial assets, an IIlinois Hearing Board rejected all allegations of misconduct. The accused attorney had left a partnership at Jenner...


Fair and Reasonable Value

Posted on March 07, 2009
In an action brought for unpaid legal fees, the New York Appellate Division for the Second Judicial Department held that the attorney could not recover pursuant to the retainer agreement because that agreement was "susceptible of no interpretation" other than...


Plea Agreement Not Violated

Posted on March 06, 2009
The Kansas Supreme Court rejected an attempt to allow a defendant to withdraw a guilty plea in connection with murdering one child and molesting another child. The court received a brief from counsel and a pro se brief from the...


Remand To Determine Reasonable Fee

Posted on March 06, 2009
An attorney represented a client in a workers' compensation matter under a 1/3 contingency fee agreement. The representation terminated prior to completion and the attorney sought a lien or fees against the settlement payments. The Nebraska Supreme Court held that...


Shaggy Cow Story

Posted on March 05, 2009




Bravo! Bravo!

Posted on March 05, 2009


Upward Departure

Posted on March 05, 2009


Just Cause For Withdrawal

Posted on March 04, 2009



False Swearing

Posted on March 03, 2009


Professor Pitfalls

Posted on March 02, 2009



Suspension For Contempt

Posted on March 02, 2009


Rare Day in California

Posted on March 02, 2009


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