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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

Mitigating Factors

Posted on December 05, 2008
The Ohio Supreme Court adopted findings of misconduct but rejected a proposed indefinite suspension in favor of a two year suspension with one year stayed on condition in a bar discipline case where the attorney had advised his client that...

Nice Things About Mickey Maurer

Posted on December 04, 2008
Posted by Jeff Lipshaw Bill Henderson and others have reported on Mickey Maurer's $35 million naming gift to the eponymous Maurer School of Law at IU-Bloomington. I taught a class on Entrepreneurship and the Law at the IU School of...

Indiana Law Receives $35 Million Naming Gift; University Foundation Provides 100% Matching Funds

Posted on December 04, 2008
[posted by Bill Henderson] Today is pretty special. Indiana Entrepreneur Michael Maurer (IU Law '67) has donated $35 million to the Law School, henceforth renaming it the Michael Maurer School of Law. During the press conference, Indiana University President Michael...

Excessive Fee Sanction

Posted on December 04, 2008
An attorney found to have charged excessive fees for a period of several years in his capacity as counsel to the public adminstrator of Kings County was suspended for two years and until further court order by the New York...

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"A Long Way To Go"

Posted on December 04, 2008
An Illinois hearing board has recommended denial of a petition for reinstatement of a former attorney convicted in federal court of multiple counts of bribing judges. In one of the matters, the lawyer's client had threatened to kill him if...

Corporate Privilege

Posted on December 04, 2008
In a case involving interpretation of Rule 1.9 in the context of a motion to disqualify counsel on an interlocutory appeal, the New Hampshire Supreme Court remanded for further hearings. The case involves questions of privilege in the context of...

Does Bankruptcy Trump Restitution?

Posted on December 04, 2008
A lawyer who had been admitted to practice at age 39 was suspended by the Ohio Supreme Court for two years with 18 months stayed. The attorney had taken over a medical malpractice case from an experienced attorney that he...

A Felony But No Big Deal

Posted on December 04, 2008
The rules governing bar discipline in the District of Columbia require immediate suspension when an attorney is convicted of a felony offense, with a provision that the suspension may be set aside on a showing of good cause. In a...

Law Studies Are Not Voluntary Impoverishment

Posted on December 03, 2008
An interesting case decided today by the Maryland Court of Special Appeals dealt with a motion to modify child support filed by the mother, who had left a doctorate program at Johns Hopkins and enrolled in law school at the...

Sanction For Prosecutorial Misconduct

Posted on December 03, 2008
A hearing board in Illinois had recommended a 30 day suspension of the State's Attorney of Wayne County for ethical violations in a criminal prosecution. The board found: In this case, the Respondent not only failed to disclose information favorable....

World's Greatest Edit. Ever.

Posted on December 03, 2008
Posted by Alan Childress This Sunday is Pearl Harbor Day, actually falling on a Sunday no less. New Orleans is the home of the DDay Museum, which has really exapnded into a magnificent collection on World War II generally. There...

Getting You Where You Live

Posted on December 03, 2008
A lawyer who was a former member of the Louisiana House of Representatives was suspended for six months with all but 60 days deferred in favor of unsupervised probation in a matter where the lawyer had been charged with providing...

Resign Before Running

Posted on December 03, 2008
The Louisiana Supreme Court affirmed findings of misconduct against a justice of the peace made by the Judicial Commission of Louisiana but rejected the proposed sanction of removal from office in favor of suspension without pay. The misconduct involved the...

Sibling-Related Misconduct

Posted on December 03, 2008
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio has suspended the law license of attorney Frank J. Simmons Jr. of Toledo for one year, with the last six months of that term stayed, for...

ABA Ethics Teleconference 12:00 Today and "Value Billing"

Posted on December 03, 2008
Great post by David Giacalone at f/k/a about "value billing" and linking today's ABA teleconference (noon est, 90 min.) on fees, billing and related legal ethics issues. [Alan Childress]

Effect of "High Score" Rule on Volume of LSAT Repeaters

Posted on December 03, 2008
[posted by Bill Henderson, crossposted to ELS Blog] A couple of years ago, Paul Caron flagged an obscure ABA rule change that required law schools to report the highest LSAT score of an admitted student versus the prior practice of...

A Difficult Client

Posted on December 02, 2008
An opinion issued today by the North Carolina Court of Appeals tells the tale of a particularly difficult client in a criminal case involving felony breaking and entering and rape offenses where the victim was married to the defendant. By...

Student Privacy Rights Opinion

Posted on December 02, 2008
A recent opinion of the North Dakota Attorney General in response to a newspaper request for student disciplinary records concludes: FERPA [the Family Educational Rights and Privacy Act] does nor prohibit the release of disciplinary proceedings if an educational institution...

More On DUI Sanctions

Posted on December 02, 2008
From the web page of the Virginia State Bar: On September 26, 2008, the Virginia State Bar Disciplinary Board suspended [an attorney's] license to practice law for eighteen months based on a conviction in the City of Richmond Circuit Court...

BMW? What BMW?

Posted on December 02, 2008
A hearing committee in Louisiana has recommended a public reprimand and ethics school based on a complaint filed by a former client and alleged "runner" who the committee found to be "evasive and at other times contentious, with much of...

Nice Work If You Can Get It

Posted on December 02, 2008
In a case that involves claims of unconscionable fees, the New York Court of Appeals affirmed the Appellate Division's determination that the claims could not be resolved by motion to dismiss. The client had sought a revised retainer arrangement in...

Help Wanted at the Wharton School

Posted on December 02, 2008
[Posted by Bill Henderson] My good friend David Zaring alerted me to these job postings in the Legal Studies and Business Ethics Department at The Wharton School: Faculty Position in Law Faculty Position in Business Ethics

"Superstar"

Posted on December 01, 2008
The Michigan Attorney Discipline Board rejected claims of mental disability related mitigation and upheld a panel order of revocation in a matter involving theft and conversion: Respondent was a partner at Varnum Rittering Schmidt & Howlett LLP ("Varnum")...

Hurricane Mitigation?

Posted on December 01, 2008
The Louisiana Attorney Disciplinary Board has recommended a two year suspension and ethics school for an attorney for neglect and dishonesty (false assurances to the client and false statements in the bar investigation). The attorney, who is now living in...

Never Again

Posted on December 01, 2008
An Arizona hearing officer has recommended the reinstatement of an attorney suspended by consent for two years and six months in the wake of a federal conviction for wire fraud and conspiracy to commit wire fraud. The attorney had been...

Something New

Posted on December 01, 2008
A notice recently posted on the web page of the Pennsylvania Bar Disciplinary Board provides access to a new informational video that will assist consumers of legal services in understanding the disciplinary process: The Disciplinary Board of the Supreme Court...

Duty To Disclose

Posted on December 01, 2008
A hearing committee of the District of Columbia Board on Professional Responsibility found that a member of the North Carolina Bar had engaged in misconduct by failing to disclose a pending complaint in applying for D.C. admission: Respondent...is an experienced...

Non-Compete Not Enforced

Posted on November 30, 2008
The Iowa Court of Appeals declined to enforce a non-compete provision against a physician who had left his employment at the College of Medicine of the University of Iowa after concluding that he would not obtain tenure. From the summary...

Not All Lapses Breach Fiduciary Duties

Posted on November 30, 2008
In an appeal of the dismissal of an action brought by a criminal client against his former public defender, the Missouri Supreme Court remanded the action. The allegation involved the failure to call certain witnesses in a post-conviction proceeding. The...

Conviction Results In Automatic Disbarment

Posted on November 28, 2008
An attorney who was convicted of conspiracy to obtain fraudulent student visas and inducing aliens to reside unlawfully in the United States as well as related substantive offenses was disbarred by the New York Appellate Division for the Second Judicial...

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