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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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Mikhail on Moral Intuition and Vining on Scientism versus Narrative

Posted on July 24, 2008
Posted by Jeff Lipshaw For the two or three of you out there who actually read my posts on issues relating to law, ethics, business, and moral theory, or the far greater number who'd like to read something good, let...


Brothers Charged

Posted on July 24, 2008
The Illinois ARDC has filed a complaint alleging ethics violations by two brothers in connection with their representation of an estate and the widow of the deceased. One is charged with receiving a $100,000 loan from the widow for a...


No Discipline Against Defunct Firm, No Suspension For Lawyers

Posted on July 24, 2008
An order entered yesterday by the Supreme Court of New Jersey reviewed a Disciplinary Review Board report that had censured a defunct law firm for violations of supervisory responsibilities, fee sharing, improper compensation for employment recommendations and failure to report...


Taking Case Violated Duty Of Competence

Posted on July 24, 2008
The Maryland Court of Appeals suspended an attorney for 90 days for ethical violations in two matters. The second matter is the interesting one - the client had filed a pro se suit against Montgomery County Crime Solvers claiming $500,000...


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Legal Malpractice Not a Compulsory Counterclaim

Posted on July 23, 2008
The New Mexico Supreme Court held that a legal malpractice action need not be brought as a compulsory counterclaim to an action brought by the law firm assserting a charging lien against the former client. The law firm had agreed...


Some Thoughts on the Bi-Modal Distribution from a Former Partner and Retainer of Partners

Posted on July 23, 2008
Posted by Jeff Lipshaw Coming up for air after working on some other stuff, I finally had a chance to digest Bill Henderson's post on bi-modal distribution of starting associate pay. I have some visceral reactions to the data, as...


"The Seven Deadly Sins of Conflict"

Posted on July 23, 2008
An Arizona attorney provided legal services to a client who did not understand English. The attorney mistook the client's intent to obtain a divorce rather than separation, did not acheive the client's objectives and placed a lien for fees against...


Tina Stark and Transactional Lawyering

Posted on July 22, 2008
in 2007, one of the most significant law school hires never made to Leiter's Law School Reports. Emory Law hired Tina Stark as Professor in the Practice of Law and as director of its Center for Transactional Law and Practice....


Fox on Lawyer Duties in Multidisciplinary Teams in Capital Cases

Posted on July 22, 2008
Posted by Alan Childress Lawrence J. Fox, an attorney with Philly's Drinker Biddle & Reath and the former chair of the ABA's standing committee on ethics and professional responsibility, has posted to SSRN Law & Soc'y: Legal Prof'n his article...


Bengals QB Carson Palmer Joins Feud Between Jeff and Nancy

Posted on July 22, 2008
Quoted in the article Carson Palmer cannot mask his hate for you, Buckeye fans, the Bengals quarterback seems to have joined the rivalry between our Jeff Lipshaw and Nancy Rapoport, without mentioning either one of them by name. Commenters to...


Disbarment For 1st Degree Murder

Posted on July 22, 2008
An order was entered by the Presiding Disciplinary Judge in Colorado disbarring an attorney as a result of her conviction in California for 1st degree murder. The deceased was the husband of the attorney. He had been shot 10 times...


Privilege Upheld

Posted on July 22, 2008
The Utah Supreme Court held that communications with a client representative are protected by the attorney-client privilege, even if the client is an individual rather than a corporation or other business entity. The client representative in the case before the...


Document Design Tips for Lawyers: Which Fonts and Spacings Are Understood Quickly

Posted on July 22, 2008
Based on principles of textual and graphic design, including which fonts and formats catch the eye just right (of judges or other audiences), Wayne Schiess (U. Texas) has posted a how-to of Basic Document Design Principles For Lawyers. [Alan Childress,...


New Blog From a Hiring Partner Offers Great Tips From the Inside

Posted on July 22, 2008
Posted by Alan Childress Enter the blogger named Hiring Partner. The semi-mysterious guy (or is he a guy? -- actually seems like a composite, to me, of a hiring partner and the firm's recruitment coordinator, but I don't mind) started...


Sanctions Improperly Imposed On School Principal

Posted on July 22, 2008
In an opinion issued last week, the Supreme Court of Vermont concluded that the State Board of Education had improperly withheld the license of an educator based on unproven allegations. The court described the accusations against a school principal as...


Claims Reinstated

Posted on July 21, 2008
In an opinion issued today, the New Jersey Appellate Division held that breach of contract and fraud claims against law firms and individual lawyers were improperly dismissed based on a motion judge's mistaken reliance on earlier precedent. Plaintiffs had also...


False Expenses Charges

Posted on July 21, 2008
The Illinois ARDC has filed a complaint alleging that an attorney, a salaried associate in a law firm who handled primarily defense of medical malpractice cases, falsely sought reimbursement of expenses on 52 occasions in an amount totalling over $5,700...


Jurisdiction Retained

Posted on July 20, 2008
An attorney who had been indefinitely suspended in Kansas in 1999 was permitted to practice in Kansas federal district court under the supervision of another attorney. He was charged with ethical misconduct in connection with two cases in federal court...


No Sanctions

Posted on July 20, 2008
A woman alleged injuries after she was thrown from a horse when part of the ceiling of a riding stable collapsed. Through counsel, suit was filed against the stable, its owner and a number of persons and entities that were...


Thoughts About Judgment: Lawyers versus Clients and Lawyers versus Professors

Posted on July 19, 2008
Posted by Jeff Lipshaw Call me a fool, but I like to get stuff out there as early as I can short of being humiliated (I am okay with merely embarrassed). I have wrestled now for four years on the...


Notes from Michigan

Posted on July 19, 2008
Posted by Jeff Lipshaw Some random observations this morning from up here in God's country. . . . (well, if David Broder could do it from Beaver Island thirty miles northwest in the middle of the lake, why can't I?)...


Starbucks Closure List

Posted on July 18, 2008
On the assumption that this relates to billable hours and law practice for many many people, I link the searchable list of Starbucks closures, to be found at the Huffington Post. [Alan Childress]


Vicarious Liability For Legal Malpractice

Posted on July 18, 2008
A New York law firm was retained to assist the client in recovering her interest in a partnership. The firm secured a judgment against Julius Gerzof for over $1.2 million dollars. Gerzof died in Florida before the judgment had been...


How the "Cravath System" Created the Bi-Modal Distribution

Posted on July 18, 2008
[posted by Bill Henderson, crossposted to ELS Blog] The bi-modal distribution (graphic to the right, originally posted at ELS) continues to generate interest in the blogosphere. See, e.g., Greg Mankiw, Right Coast, Broken Symmetry. The chart summarizes the starting salaries...


Charges In Illinois

Posted on July 18, 2008
The Illinois ARDC filed charges that were posted online today that allege neglect and related misconduct in the representation of a client in connection with a rental agreement. The most remarkable aspect of the allegations is the hourly fee, charged...


The Summer Cherry Harvest

Posted on July 18, 2008
Posted by Jeff Lipshaw Over at Conglomerate, native Wisconsin cheese head Gordon Smith has been posting about his study of artisan cheese makers. I wish I had something blog-relevant to say about this, but here in northern lower Michigan, the...


Third Strike

Posted on July 18, 2008
An attorney who had been subject to public reprimands on two prior occasions was suspended for five months and ordered to make restitution to clients. The attorney's misconduct involved mishandling of two bankruptcy cases and a petition for postconviction relief...


Fee Dispute Between Lawyers

Posted on July 18, 2008
In a fee dispute between two lawyers, the Nebraska Supreme Court reversed an order granting summary judgment. The court examined the agreement between the lawyers and concluded that the 75-25 fee split only applied to the trial fees. The lawyer...


A Difference Of Opinion On Sanction

Posted on July 17, 2008
An attorney who had claimed to represent a person without authority and engaged in a conflict of interest by representing the estate of an automoblie accident victim while also representing the person who had caused the accident in the related...


Twofer

Posted on July 17, 2008
In an unusual report recommending that both partners of a two-partner be disbarred, an Illinois hearing board described the firm: Between 1998 and 2007, Respondent Roger H. Williams and Respondent Tracy Hensler Krizman were partners in the two-attorney law firm...


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