Monday, April 27, 2009

"Do The Right Thing"

The Louisiana Attorney Disciplinary Board has recommended a one-year stayed suspension for unauthorized practice of law and representing a client without the authority to do so. The attorney had (as in many cases we have recently reported from various jurisdictions) been suspended for failure to fulfill CLE obligations. He was retained by a bail bonding company named "Do the Right Thing" to seek bond review for a criminal defendant. The board also concluded (contrary to a hearing comittee) that the lawyer was not authorized by the defendant to represent him: "it is clear that [the lawyer] was not authorized by [the client] to file the motion to reduce bond, and that he filed the pleading solely at the direction of the bail bond company." The board found a laundry list of violations (making the case useful to a PR professor looking for an exam hypo) but found that "the goal of protecting the public can be served by fully deferring [the] suspension and imposing a one year probation." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/04/do-the-right-thing.html

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