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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

Quick follow up to availability of Jerold Auerbach's Rabbis and Lawyers

Posted on September 30, 2010
I posted a month ago on its availability in Kindle; now its new paperback is at Amazon here. Auerbach argues that the legalization of U.S. Jewish thought over the past century, and especially lawyers taking the leadership positions, disserviced American...

Rule 4.2 Applies To Pro Se Attorney

Posted on September 30, 2010
The North Dakota Supreme Court has held that Rule 4.2, which forbids unauthorized communication with a represented party, applies to an attorney who is pro se in the matter: [The attorney] argues he did not violate Rule 4.2 because the...

Hillman & Rhodes on Digitizing Client Files

Posted on September 28, 2010
Posted by Jeff Lipshaw Robert Hillman (UC Davis) and Allison Rhodes (Hinshaw & Culbertson LLP) have posted Client Files and Digital Law Practices: Rethinking Old Concepts in an Era of Lawyer Mobility, 43 Suffolk U. L. Rev. 897 (2010), on...

Self Protection Exception

Posted on September 28, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio held today that Ohio recognizes a common law ?self protection? exception to attorney-client privilege that permits an attorney to testify concerning attorney-client communications where such testimony...

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At The Ballet

Posted on September 28, 2010
The New York Appellate Division for the First Judicial Department imposed a public censure on an attorney for a series of improper business transactions with his client. The facts: The undisputed facts as found by the Referee and the Hearing...

Sad But Not Mitigating

Posted on September 27, 2010
An attorney who had converted entrusted funds was disbarred by the Massachusetts Supreme Judicial Court, notwithstanding his recovery from drug addiction: I agree with the board that even if one were to consider addiction to illegal drugs as a "disability"...

Cumulative Inaction Results In Reprimand

Posted on September 27, 2010
An attorney who had failed to properly pursue an estate matter has been publicly reprimanded by the Oregon Supreme Court: ...By failing repeatedly to appear in court for scheduled hearings, and by failing to file an inventory or an accounting,...

Compound Disrespect

Posted on September 24, 2010
A Colorado Hearing Board has imposed a suspension of a year and a day on an attorney for his pattern of disrespectful and contemptuous behavior in a federal court trial. The attorney believes that there is a conspiracy against his...

Cancer Scam Alleged

Posted on September 24, 2010
The Illinois Administrator has filed a complaint alleging that an attorney falsely claimed to be suffering from cancer in order to induce a client to purchase a residence for her benefit: In or prior to 2006, L...allowed Respondent to reside...

Black Letter Law

Posted on September 23, 2010
The Oklahoma Supreme Court has imposed a public reprimand and costs in a case involving the failure to properly supervise a non-lawyer employee. The court opinion provides a useful discusion of the rule and the basis for its conclusions concerning...

Elder Abuse

Posted on September 23, 2010
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio has suspended the license of [a] Warren attorney...for two years, with the second year of that term stayed on conditions, for professional misconduct in his handling...

Inside Information

Posted on September 22, 2010
An attorney who purchased 14,000 shares of stock in a firm client after learning confidential information from his law partner is the subject of a one-year suspension recommendation by the Illinois Review Board. The attorney also had falsely denied that...

Admission Granted Without Examination

Posted on September 22, 2010
The Oklahoma Supreme Court has granted admission to an attorney who was issued a special temporary permit to practice with the state Department of Agriculture in 1997 and was admitted in Arkansas in 1992. A dissent would require the applicant...

User Friendly Bar

Posted on September 21, 2010
From the web page of the Pennsylvania Disciplinary Review Board: The most used page at the Disciplinary Board?s Web site, www.padb.us, has always been the Attorney Search page. In the past, the page allowed users to search only for a...

Get It In Writing

Posted on September 21, 2010
The Indiana Supreme Court has issued a public reprimand to an attorney for failing to adequately communicate the basis for his fee. The attorney is experienced in EEOC matters. His practice is to charge an "engagement" fee of $750 while...

Fee Not Simple

Posted on September 21, 2010
The Maryland Court of Appeals has imposed a public reprimand of an attorney for misconduct in connection with his representation of a Turkish national whose brother had died in the United States. The siblings were not close and the attorney...

Cut And Paste Leads To Conviction, Suspension

Posted on September 21, 2010
An attorney convicted of a criminal offense was suspended for three months by the New YorkAppellate Division for the Second Judicial Department. The court set out the facts: On March 21, 2007, respondent was stopped by the Nassau County police,...

Upstairs Downstairs

Posted on September 21, 2010
Not a legal profession case, but of possible interest is a decision of the Vermont Supreme Court overturning a conviction for attempted voyeurism. The case involved upstairs and downstairs neighbors: Complainant resides on the second floor of an apartment building...

Asking Client To Buy Cocaine Leads To Disbarment

Posted on September 21, 2010
The North Dakota Supreme Court imposed sanctions against an attorney who engaged in misconduct in three matters. In two of the matters, the court imposed a one-year suspension; in the other, disbarment. One of the suspension cases: ...the Hearing Panel...

Complaint Alleges Judicial Candidate Misrepresented Bar Record

Posted on September 21, 2010
The Illinois Administrator has filed a complaint against an Assistant State's Attorney for Cook County alleging ethical violations in three closing arguments. The attorney also is charged with making a false statement as a candidate for judicial office...

More Than An Oversight

Posted on September 20, 2010
An applicant for admission to the New York Bar failed to disclose that she had been disbarred in New Jersey. The Appellate Division for the Second Judicial Department denied the motion to amend the application and revoked her license to...

"A Person I Would Like To Get To Know Better"

Posted on September 20, 2010
The New York Appellate Division for the Second Judicial Department imposed a three year suspension of a former Department of Motor Vehicles administrative law judge who engaged in misconduct in a case assigned to him that involved a police officer....

Hollow Victory

Posted on September 20, 2010
A Louisiana hearing committee has recommended a two-year suspension, with 21 months stayed in favor of a two-year period of probation, in a matter involving two client complaints. In one matter, the attorney claimed as mitigation that the client had....

The Barter System

Posted on September 20, 2010
The web page of the Tennessee Board of Professional Responsibility reports the temporary suspension of an attorney's license based on his guilty plea to drug offenses and attempted theft of property worth more than $1,000. The Tennessee Supreme Court concluded...

Rotunda to Speak at Akron Law as Miller-Becker Lecturer on 10/29/10

Posted on September 19, 2010
The second Miller-Becker Center for Professional Responsibility Distinguished Lecture in Professional Responsibility is scheduled for Friday, Oct. 29, 2010, at 4:00 P.M. at the University of Akron School of Law. Ronald D. Rotunda, the Day & Dee Henley Chair and...

Blaming The Messenger

Posted on September 17, 2010
An attorney who had been disbarred in Maryland for misappropriation of client funds has received the identical sanction as reciprocal discipline by the West Virginia Supreme Court of Appeals. The court found no basis for any lesser penalty than that....

Too Late For Probate

Posted on September 16, 2010
In a case characterized by the New Jersey Appellate Division as involving facts "so uniquely challenging that they have the feel of an academic exercise, designed by a law professor to test the limits of a student's understanding of probate...

A Bad Time In South Dakota

Posted on September 16, 2010
A person who was one of four guests that suffered from carbon monoxide poisoning while staying at the Star Brite Inn in Yankton, South Dakota retained an attorney shortly after the incident. The attorney gave the client a draft summons...

Judged By His Peers

Posted on September 16, 2010
In a rather unusual case in which a justice of the Washington State Supreme Court had sued the state Attorney General for an allegedly inadequate response to a records request, the state supreme court held (with the litigant-justice not participating)...

Tax Obligation Discharged, Attorney Reinstated

Posted on September 15, 2010
The Oklahoma Supreme Court has granted the reinstatement petition of an attorney who was suspended for four years. Reinstatement was deemed appropriate notwithstanding the fact that the attorney had failed to pay tax liabilities that had led to the suspension...

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