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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

Higdon on Nonverbal Persuasion in Oral Argument to Judges

Posted on September 22, 2008
Or, would Governor Palin please stop shaking her head "no" when she is emphasizing a rightly-positive point about her candidacy? Somewhat related to that query (but not an example he uses), today Michael Higdon at UNLV (a colleague of our...

Excessive Fee

Posted on September 22, 2008
An attorney was publicly reprimanded by the Louisiana Supreme Court notwithstanding his failure to object to the disciplinary board's proposed suspension of one year and one day with six months deferred. The court had directed the parties "on [its] own...

Your Bank's Money Market Account Really Is FDIC Insured

Posted on September 22, 2008
At least if the bank is one under FDIC insurance protection, its demand deposit accounts called Money Market Accounts are still protected up to the FDIC $100,000+ cap, just like any savings or checking account. So say several websites (like...

Blogosphere Welcome to Native American Law Blog

Posted on September 22, 2008
A welcome to blogging, and to the Law Prof network of blogging, is extended to the new Native American Law Blog. It is edited by Professors Timothy Pleasant and Deena DeGenova of Kaplan's Concord Law School, and already has several...

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Games Of Chance

Posted on September 22, 2008
Not a legal profession case, but worthy of note, is a decision today from the New Jersey Supreme Court reversing the grant of summary judgment in favor of the defendant in a defamation and tortious interference case. Plaintiff runs a...

If you measure time in semesters, not years, NYTimes has a good essay

Posted on September 22, 2008
The beauty, humor, and frustration of university teaching, as years fly by, is nicely captured in math prof Manil Suri's "X = 50 Semesters." It is part of the NY Times Sunday Magazine's roundup of education (in which legal education...

Contempt Found In Retention Of Documents

Posted on September 22, 2008
A law firm that had been sued by a former client for a conflict of interest produced internal firm documents such as billing records, financial statements and policy manuals that disclosed the firm's conflicts checking procedures. A protective order was...

False Affirmations Lead To Suspension Of Partner And Associate

Posted on September 22, 2008
The New York Appellate Division for the Second Judicial Department imposed suspensions of six months in companion matters involving a partner and an associate of a Nassau County law firm. The misconduct involved a series of false affirmations filed in...

"General Incompetence"

Posted on September 21, 2008
An attorney who had been admitted to practice in 2003 was disbarred by the Indiana Supreme Court. The misconduct took place between 2003 and 2007, involving 15 counts of client-related violations and an additional charge of "general incompetence." The attorney...

Complexity and Disclosure Regulation

Posted on September 20, 2008
Posted by Jeff Lipshaw The only upside for me, I suppose, of the financial turmoil this week is that I'm teaching securities regulation so there is something exciting and topical to discuss. Reading Joe Nocera in the New York Times...

Does This Make Mike Frisch The Best Person In The World?

Posted on September 19, 2008
Posted by Alan Childress Hardly, but at least he is not Keith Olbermann's "Worst Person In The World" today. That honor falls to the Illinois lawyer (Scott Robert Erwin) whom Mike first called out on this blog in his March...

Anders on Making Lawyers More Organized and Efficient

Posted on September 19, 2008
Posted by Alan Childress Kelly Lynn Anders, an associate dean at Washburn's law school, has published with Carolina Academic Press a practical book on keeping lawyers on top of things, called The Organized Lawyer. Here is a brochure and ordering...

Bad Company

Posted on September 19, 2008
An attorney who had facilitated the unauthorized`practice of a disbarred lawyer and made a misrepresentation was disbarred by the New York Appellate Division for the Second judicial Department, notwithstanding evidence in mitigation of sanction: The respondent asks the Court to...

Go Ahead, Make My Day

Posted on September 19, 2008
The Illinois ARDC has filed a complaint alleging ethical misconduct by the elected State's Attorney for Union County. The accused was named as a defendant in a civil action instituted by a former employee alleging wrongful termination. According to the...

A Firm Resolve

Posted on September 19, 2008
The Mississippi Supreme Court denied the petition for reinstatement of a lawyer who had lost his license as a result of a conviction for paying a sheriff's deputy to not appear in court in connection with drunk driving charges against...

Wave Of The Future

Posted on September 19, 2008
The Mississippi Supreme Court has`amended its mandatory CLE rules to allow participation in online and telephonic courses to satisfy the annual obligations. (Mike Frisch)

Gambling, Not Mental Issues, Caused Misappropriation

Posted on September 18, 2008
The Massachusetts Supreme Judicial Court rejected the contention that an indefinite suspension was unduly harsh in a disciplinary matter involving misappropriation of client funds. The claim of mitigating evidence did not justify a lesser sanction: While there may be circumstances...

Former State Senator Reinstated

Posted on September 18, 2008
A former state senator who had served as majority or minority leader of the state senate was reinstated to practice by the Wisconsin Supreme Court. He had been suspended for two years as a result of a felony conviction for...

"Flagrant Disregard Of The Law"

Posted on September 18, 2008
The Ohio supreme Court publicly reprimanded a former judge for conduct described on the court's web page as follows: The Supreme Court of Ohio today publicly reprimanded former Xenia Municipal Court Judge Susan L. Goldie for violating the Code of...

Ethics Charges In Political Hiring

Posted on September 18, 2008
The Illinois ARDC has filed a second complaint (we reported the charges against another lawyer last week) alleging that improper political considerations were used in hiring for public positions. The complaint alleges: Starting in 1995, continuing through 2004, prior to...

More on Debt-Equity, Transparency, Line-Drawing, and the Forest and the Trees

Posted on September 18, 2008
Posted by Jeff Lipshaw I posted the gist of this as a comment over at Conglomerate, but I want to add a point about what seems to me to be a common over-reaction. One theme seems to be that perhaps...

The AIG Deal and Debt Versus Equity

Posted on September 18, 2008
Posted by Jeff Lipshaw My claim to fame is ego not hubris (there's a subtle difference), so I'm not going to sit here in the middle of the upheaval and claim to know that it is the end of free...

Wisdom about Wisdom

Posted on September 17, 2008
Posted by Jeff Lipshaw I was hoping a moderate conservative would say this, and David Brooks of the New York Times did. It's what was flashing through my mind as I imagined Secretary Paulson and Chairman Bernanke yesterday explaining a...

ABA Section on Family Law Holds Conference Early October in Arizona

Posted on September 17, 2008
Posted by Alan Childress 2008 Fall CLE Conference October 2-5, 2008, Camelback Inn?Scottsdale, AZ "Come for the CLE, stay for the sun, spa, and golf! Your whole family will enjoy the Southwest and all the amenities the Camelback Inn resort...

I Have Won The El Gordo Lottery Sweepstake

Posted on September 17, 2008
Posted by Alan Childress Such a good day for me. First, my habitual wearing of baggy and underwear-revealing pant ensembles is held to be constitutionally protected. The fashion trend is, of course, called layering. Sort of an odd moment in...

No Safe Haven

Posted on September 17, 2008
The Ohio Supreme Court suspended an attorney for two years with one year stayed on conditions for misconduct that included using his trust account for improper purposes. After his divorce, he incurred "financial obligations that he was unable to fulfill,...

Not An Arm's Length Transaction

Posted on September 17, 2008
The New York Appellate Division for the First Judicial Department vacated a grant of partial summary judgment in a legal malpractice action predicated on an alleged conflict of interest. Plaintiff provides trustee and fiduciary liability (TLF) insurance...

Judge Disbarred

Posted on September 16, 2008
In a bar discipline case in which the Bar Association had recommended public censure, the Oklahoma Supreme Court disbarred a judge of the Court of Criminal Appeals who had engaged in misconduct after learning that he had a previously unknown...

No Good Deed Goes Unpunished

Posted on September 16, 2008
Once and awhile, I see a bar discipline matter that simply does not merit the imposition of a professional sanction (loyal readers may find this statement hard to believe). A case in point comes from Illinois, where I rarely have...

Cause Unknown

Posted on September 16, 2008
A Cincinnatti attorney was suspended for two years, with the second year stayed on conditions, for misconduct summarized on the Ohio Supreme Court web page as follows: The Court adopted findings by the Board of Commissioners on Grievances and Discipline...

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