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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

A Familiar Face

Posted on September 16, 2008
A defendant who was convicted of a delivery or sale of cocaine was given a suspended sentence and placed on probation. When the defendant was charged with violation of the probation, an attorney was appointed to represent him. The appointed...

With Friends Like These

Posted on September 15, 2008
A proposed three year consent suspension was adopted by the Pennsylvania Supreme Court in a matter where a non-practicing lawyer was convicted in federal court of bribery in connection with federal program funds. The attorney was operating a computer software...

Reinstatement Recommended Despite Claim Of Innocence

Posted on September 15, 2008
The Louisiana Attorney Disciplinary Board has recommended the reinstatement of an attorney who had been suspended for three years as a result of his federal conviction for seven counts of lying to a federal agent. The attorney had been elected...

Guilt By Association

Posted on September 15, 2008
A Louisiana hearing committee has recommended a suspension of two years with an additional one year of supervision if the attorney is reinstated. The complex case involved a attorney who had been retained by two clients to pursue a class...

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Fraudulent Conveyance And Related Charges

Posted on September 15, 2008
The Illinois ARDC has filed a complaint alleging that the lawyer, an equity partner in a law firm that had represented approximately 2,500 plaintiffs in product liability litigation, was sued for $1.7 million in loans that he had guaranteed. The...

A Thought on Permanent Disbarment in the Bank Robbery Case

Posted on September 15, 2008
Posted by Alan Childress Mike, who posted this morning on this interesting Louisiana bar discipline recommendation for a convicted bank robber, has heard me express before in detail that permanent disbarment is an abdication of future responsibility. Why decide now,...

Bank Robbery Leads To Recommendation Of Permanent Disbarment

Posted on September 15, 2008
A Louisiana Hearing Committee has recommended the permanent disbarment of an attorney convicted in a Tennessee federal court of armed bank robbery. The attorney was able to get away with $37,600 and had been arrested approximately two months after the...

"Too Clever By Half "

Posted on September 12, 2008
The Kansas Supreme Court imposed a public censure of an attorney charged with ethics violations in a custody matter. The court concluded that the evidence was insufficient to establish a violation of Rule 4.3 (dealings with an unrepresented person), adopting...

Dismissal Of Malpractice Action Affirmed

Posted on September 12, 2008
A New Hampshire law firm was retained to pursue a medical malpractice action arising out of birth injuries to the child of their clients. The retainer argeement provided for a 40% fee with a handwritten notation "in any event subject...

A Letter Better Left Unsent

Posted on September 12, 2008
The Iowa Supreme Court imposed a public reprimand of an attorney who had been retained in a shower installation project dispute. The client had installed shower tiles and his contractor refused to pay his bill due to an unrelated disagreement....

MJP In Florida

Posted on September 12, 2008
The Florida Supreme Court has adopted, with some modifications, rules governing multi jurisdictional practice in that jurisdiction. The court attached to its order its final version of the new rule, with the modifications underscored. The rule will go into effect...

One Point Shy

Posted on September 11, 2008
An attorney who had been suspended by the Minnesota Supreme Court for an indefinite period of not less than 90 days also was required to take and pass the state bar professional responsibility exam after he had been conditionally readmitted....

A Light Sentence

Posted on September 11, 2008
The New York Appellate Division for the Third Judicial Department imposed reciprocal disbarment based on the attorney's consent to disbarment in New Jersey. The lawyer had converted $2.1 million in entrusted funds from fifteen clients over an eight year period...

Another Day, Another Disbarment

Posted on September 10, 2008
The web page of the Pennsylvania Bar Disciplinary Board reports that William S. Lerach was disbarred on consent in that jurisdiction on September 4, 2008. (Mike Frisch)

Criminal Conduct Leads To Proposed Suspension

Posted on September 10, 2008
A Louisiana Hearing Board has proposed a two-year suspension of an attorney for three instances of criminal behavior. The first involved driving while intoxicated. The second was an incident where he had smashed his ex-wife's car with a shovel and...

No Violation

Posted on September 10, 2008
The Louisiana Attorney Discipline Board has dismissed misconduct charges against an attorney who has practiced law for over 50 years without prior discipline. The attorney hired a law graduate who had passed the bar but was not yet admitted. He...

Horseplay Litigation

Posted on September 10, 2008
A construction worker who suffered injuries as a result of a "horseplay" incident at his workplace is limited to workers' compensation recovery and is precluded from bringing third-party actions for his injuries, according to a decision of the Delaware Supreme...

No Discipline For Driving While Impaired

Posted on September 09, 2008
The Michigan Attorney Discipline Board rejected a hearing panel recommendation for probation and entered an order of no discipline in a case involving a conviction for operating a motor vehicle while impaired. Probation was not appropriate where there was "no...

Political Hiring Results In Bar Charges

Posted on September 09, 2008
The Illinois Disciplinary Administrator has filed a complaint alleging misconduct against the former Assistant Commissioner of the Chicago Water Department for using a political litmus test in hiring employees in contravention of a court-ordered permanent injunction (the "Shakman" decree): Starting...

Defeat And Rehabilitation

Posted on September 08, 2008
An attorney who had defaulted on charges of neglect of three matters and suspended for a year and a day was reinstated in Colorado. He had closed his law practice in 1987 after his election to the Denver City Council,...

Lulled Into Misconduct?

Posted on September 08, 2008
The Indiana Supreme Court issued a public reprimand of two attorneys, concluding that their advertisements for legal services constituted misconduct. The two partners had used two brochures to solicit clients: "When You Need a Lawyer" and "We Work for You...

A Second Bite?

Posted on September 08, 2008
The Maryland Court of Appeals disbarred an attorney for misconduct that had included false statements to a tribunal. The court acknowledged that the attorney's false statements were a result of his desire to aid his client rather than for personal...

A White Limousine

Posted on September 07, 2008
The Illinois Review Board has proposed a suspension of eighteen months with a requirement that the attorney take the bar's professional responsibility institute course, but without a reinstatement proceeding, in a`matter involving misconduct that included a failure to disclose`an arrest...

The Fortune Cookie

Posted on September 05, 2008
A case decided yesterday by the Mississippi Supreme Court serves as a reminder to me of why I became a lawyer: to participate in a trial where you uncover a truly great piece of evidence with which to cast severe...

Temper Temper

Posted on September 05, 2008
An attorney who had made false oral and written statements to a judge in connection with a criminal matter was suspended for three years by the Pennsylvania Supreme Court. The attorney had a history of bipolar disorder and cocaine addiction....

Grossly Impaired Judgment

Posted on September 05, 2008
The Pennsylvania Supreme Court accepted a consent disposition of a two-year suspension where the attorney had pusued a medical malpractice action "despite [his] knowledge that he had no basis to do so other than a conversation with [a doctor] who...

"I Don't Eat Apples, Your Honor"

Posted on September 05, 2008
A District Committee of the Virginia State Bar imposed a reprimand with terms on an attorney for misconduct in a trial held in the District of Columbia Superior Court. The attorney had represented the plaintiff in a discrimination case tried...

"Impending Financial Doom"

Posted on September 04, 2008
The North Dakota Supreme Court issued a bar discipline opinion yesterday suspending a lawyer for six months. The lawyer (McCray) had accepted employment with a California corporation that performed credit repair services for its clients. The corporation had sought a...

Overdraft Notice Draws Scrutiny

Posted on September 04, 2008
The Maryland Court of Appeals declined to impose a 60-day suspension sought by Bar Counsel and imposed reprimand in a matter where the attorney had used an escrow account for personal reasons but had not misused client funds. The lawyer...

A Sanction Less than Disbarment

Posted on September 04, 2008
The New York Appellate Division for the Second Judicial Department suspended an attorney for three years for misconduct in several matters. The attorney had had a number of prior brushes with the disciplinary system over the course of a 55...

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