Thursday, May 31, 2007

Another Prohibited Transaction

The Iowa Supreme Court indefinitely suspended a lawyer without possibility of reinstatement for three months in a case where the attorney had solicited business (Iowa treats these offenses as strictly as any jurisdiction-- there is no "purpose of pecuniary gain" requirement to make the solicitation improper), engaged in conduct that adversely reflected on fitness ("no attorney should assert loose, unsupported claims for attorney's fees as a means to avoid contractual obligations"), engaged in conflicts of interest and improperly acquired a proprietary interest in a cause of action. The court found that the lawyer had "inserted himself into [the client's] litigation and agreed to represent [the client] in the litigation as part of the same transaction... the [acquiring interest prohibition] captures conduct where a lawyer is both a litigator for a client in litigation and a party to the litigation." The court noted that the attorney "is known as a bright and innovative advocate by other lawyers in his community." (MIke Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/05/another_prohibi.html

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