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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

Cultural Reality And Judicial Ethics

Posted on December 18, 2008
It seems to be a day for adopting new codes of judicial conduct: linked here is the effort of the Montana Supreme Court. The new rules are made effective on January 1, 2009. As in Minnesota, there are number of...

Insanity Verdict Leads To Indefinite Suspension

Posted on December 18, 2008
A New York attorney who had been found not guilty by reason of mental disease or defect on charges that he had fired a shotgun twice at a passing motorist and broken into his ex-wife's home was suspended on a...

The Problems That Bedevil Judicial Campaign Contributions

Posted on December 18, 2008
The Minnesota Supreme Court has substantially revised its Code of Judicial Conduct effective July 1, 2009. The new rules as attached: "Because the vast majority of the provisions of the existing Code of Judicial Conduct are either delated, amended, or...

Letters To The Publisher

Posted on December 18, 2008
The Massachusetts Supreme Judicial Court has reprimanded a judge for sending letters to the publisher of the Boston Herald concerning ongoing litigation between the judge and the paper: In sending the letters, Judge Murphy failed to uphold high standards of...

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Pants Saga Continues

Posted on December 18, 2008
The District of Columbia Court of Appeals affirmed the judgment dismissing the claims brought by former administrative law judge Roy Pearson. The case involves the well-reported lawsuit over a pair of pants: Appellant failed to establish either that the [defendant's]...

Nonrefundable Fees Permitted In Michigan

Posted on December 17, 2008
In a rare reversal of an order imposing discipline by the Attorney Discipline Board, the Michigan Supreme Court reinstated a hearing panel order of dismissal in a case involving a nonrefundable fee. The court concluded that there was no misconduct:...

New York Finally Becomes A "Rules" State, Sort Of

Posted on December 17, 2008
Posted by Alan Childress Over at Legal Ethics Forum, Andy Perlman reports (and helpfully links) that the NY bar will join the great majority of states in using the ABA's Model Rules as the general basis, structure, and numbering of...

"Super Lawyers" Opinion Vacated

Posted on December 17, 2008
The New Jersey Supreme Court has vacated and remanded the opinion of its Committee on Attorney Advertising that had prohibited being designated and advertising as Super Lawyers, Best Lawyers in America or similar comparative titles. The court's opinion accepts the...

A Long And Ethical Walk

Posted on December 17, 2008
A Massachusetts judge who participated in a 60 mile walk for charity (raising funds for cancer research) did not violate judicial ethics rules in so doing, according to an opinion of the Committee on Judicial Ethics. However, a contribution made...

Improper Retainer Agreement Draws Admonition

Posted on December 17, 2008
A Virginia attorney has received a public admonition with terms for using language in a retainer agreement in a federal bankruptcy matter that sought to make his fees nonrefundable and to obtain unreasonable fees, to require prepayment for copying pleadings...

Sports Analogy Not Reversible Error

Posted on December 16, 2008
The North Carolina Court of Appeals affirmed the first-degree murder conviction of a wife charged with her husband's murder. The court rejected, among other claims, the contention that statements of the prosecutor in opening and closing arguments (not objected to...

Discrimination Claims By Attorney Remanded

Posted on December 16, 2008
The New Jersey Supreme Court remanded a case involving an employment discrimination claim brought by a former staff attorney against UBS PaineWebber,Inc.("PW"). During a previous employment, the attorney had "experienced severe depression, and was terminated after being critized both for...

Driving In Crete

Posted on December 16, 2008
An Illinois hearing board has recommended a one year suspension with automatic reinstatement in a case involving neglect of a client matter and a series of problems with respect to an alcohol-related traffic offense. The driving violation had taken place...

Selling BigLaw Short

Posted on December 16, 2008
[by Bill Henderson, cross-posted to the ELS Blog] It is mid-December and the vast majority of large law firms are frantically pressing their clients for their fees in order to pay down the firm's credit lines and generate a profit...

Convicted Lobbyist Reinstated

Posted on December 15, 2008
A prominent Maryland lobbyist who had been convicted of mail and wire fraud was ordered reinstated to Pennsylvania practice by the Pennsylvania Supreme Court. The criminal case involved a scheme with a Maryland state representative to falsely indicate an intention...

In Court Battery Merits Significant Suspension

Posted on December 15, 2008
In a case that has received our attention before, the Louisiana Attorney Disciplinary Board filed a recommendation on December 8 that has rejected as unduly lenient a proposed 30 day suspension of a lawyer convicted of simple battery on opposing...

Another Victim Of Hurricane Katrina

Posted on December 15, 2008
A Louisiana attorney was retained for a $200 fee to help the client in a landlord-tenant matter. She received a settlement check for the benefit of the client of slightly over $4,200 but fled from Hurricane Katrina before it could...

Conviction Reversed For Ineffective Assistance Of Counsel

Posted on December 15, 2008
The South Carolina Supreme Court held that the court below had erred in concluding that defense counsel had adequately prepared for trial in a case involving charges of armed robbery and kidnapping. The client was convicted of kidnapping and sentenced...

Charges Allege Conspiring Against Client

Posted on December 15, 2008
The Illinois ARDC has filed a complaint charged two partners of of a self-adevertised "boutique law firm" with using a client's confidences and secrets of a former client. The charges allege that the lawyers had agreed to provide legal services...

Until Further Court Order

Posted on December 13, 2008
An attorney who was found to have violated ethics rules in a series of matters was the subject of a proposed one-year suspension by an Illinois hearing board. The attorney had been previously disciplined for conversion, careless bookkeeping, neglect and...

The Limits Of Zealous Advocacy

Posted on December 12, 2008
An order holding an attorney in a domestic relations matter in criminal contempt was reversed by the Tennessee Court of Appeals. The attorney allegedly had instructed her client to violate a trial court order awarding the adverse party two nights...

Suspension For Judge Shopping

Posted on December 12, 2008
A lawyer who had been suspended for 45 days by a Michigan federal district court for judge shopping was suspended for the same period of time by the Michigan Attorney Discipline Board. The attorney had stipulated that the conduct had...

A Published Censure

Posted on December 12, 2008
An attorney was employed as a public defender and had practiced law during periods when his license had been suspended for failure to comply with annual registration requirements. He was permitted to resign when the problem was discovered and thereafter...

Dangers Of Marrying A Lawyer

Posted on December 12, 2008
An Iowa attorney who practiced personal injury and workers' compensation law wished to marry his office manager and sought a premarital agreement protecting his assets for the benefit of children from an earlier marriage. He drafted an agreement and encouraged...

Procedural Error No Impediment To Discipline

Posted on December 12, 2008
Although it had found procedural error below, the Oregon Supreme Court nonetheless imposed a 120 day suspension in a matter involving ethical violations in the representation of two clients. The attorney had failed to answer the charges, which resulted in...

Disbarment For Frivolous Suit

Posted on December 12, 2008
An attorney who had filed an action seeking $6.8 billion against a number of corporations, governmental entities and financial institutions alleging "theft, retention and sale of of artwork looted during the Holocaust" was disbarred by the New York Appellate Division...

Not Deductible

Posted on December 11, 2008
A determination of the Tax Appeals Tribunal of the City of New York to deny tax deductions claimed by a law firm was affirmed by the New York Appellate Division for the First Judicial Department. The court held: Petitioner law...

Firm Partner Charged With Assaults On Employees

Posted on December 11, 2008
A complaint filed by the Illinois ARDC alleges in graphic detail charges of criminal assault and telephone harassment by a partner in an Illinois firm committed against a firm employee. With respect to that employee, it is alleged: In January...

Unearned Fees Must Be Escrowed

Posted on December 11, 2008
The Washington Supreme Court imposed an eight month suspension and reprimand of an attorney who had been hired to defend a lawsuit. The attorney deposited the initial retainer of $1,000 in his business account rather than in an escrow account....

Beards And That Professional Look? The WSJ Weighs In

Posted on December 11, 2008
The WSJ life-and-style section today, in an article on facial hair, quotes our occasional guest-poster Kelly Lynn Anders of Washburn Law School on the subject of beards and professional appearance. She is against. Presumably those in the article that are...

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