Legal Profession Blogtag:typepad.com,2003:weblog-5174562008-08-30T05:26:37ZA Member of the Law Professor Blogs NetworkTypePad497100http://www.feedburner.comAdmittedly This Never Happened To Metag:typepad.com,2003:post-549066342008-08-30T01:26:37-04:002008-08-30T05:26:37ZCould not resist -- the joke ipsa loquitur and is quite a coincidence. Apologies to coeditors for posting commentary, but seriously it is perfect except for the mustache and hat. [Alan Childress]Legal ProfessionAn Empty Threat?tag:typepad.com,2003:post-549003202008-08-29T21:28:20-04:002008-08-30T01:35:28ZThe Florida Supreme Court issued an opinion yesterday that upheld a criminal conviction but remanded the case to a new judge for sentencing. The defendant was charged with a number of violent offenses. His lawyer moved to withdraw prior to...Legal ProfessionIn Search Of The Perfect Lawntag:typepad.com,2003:post-548914942008-08-29T16:23:10-04:002008-08-29T20:55:43ZAnother interesting bar discipline decision of the Pennsylvania Supreme Court deals with the impact of mental health issues in determining an appropriate sanction. The attorney had submitted 34 false travel vouchers to his law firm, obtaining slightly under $70,000. His...Legal ProfessionHeavier Discipline Imposedtag:typepad.com,2003:post-548905662008-08-29T16:01:16-04:002008-08-29T20:02:05ZThe Pennsylvania Supreme Court rejected the recommendation of its Disciplinary Board for a year and a day suspension and imposed a three-year suspension in a case involving misconduct both related to and outside the practice of law. Both the proposed...Legal ProfessionTo Teach, To Judgetag:typepad.com,2003:post-548868662008-08-29T14:19:32-04:002008-08-29T18:22:47ZA judicial ethics opinion from the State of Washington Judicial Ethics Advisory Committee considers the ethical implications when a judicial officer teaches a class at a sports club outside of work hours (ok if not undignified) and teaching a law...Legal ProfessionDeath, Taxes And The Liability That Survivestag:typepad.com,2003:post-548794022008-08-29T11:37:08-04:002008-08-29T16:21:18ZThe Kansas Court of Appeals issued an interesting opinion today concerning issues relating to attorney liability to the estate of a deceased client. The client had retained counsel to draft a living trust. After the client died, nearly half of...Legal ProfessionPremature Claim Of Conflicttag:typepad.com,2003:post-548784542008-08-29T11:16:57-04:002008-08-29T15:17:36ZThe North Dakota Supreme Court affirmed the convictions of a husband and wife for the exploitation of the wife's vulnerable parents. The court rejected a claim of error based the admission of videotaped statements of both parents when they were...Legal ProfessionReprimanded And Cautionedtag:typepad.com,2003:post-548764542008-08-29T10:31:04-04:002008-08-29T14:36:28ZAn Arkansas attorney was reprimanded and cautioned (both in the same order) for misconduct in connection with a divorce (the reprimand) and an untimely response to the bar investigation (the caution). The putative client never met with the lawyer; she...Legal ProfessionDo You Have A Place To Stay for Evacuated Students From Tulane, Loyola, Dillard & Xavier?tag:typepad.com,2003:post-548206982008-08-28T15:14:00-04:002008-08-28T19:17:25ZPosted by Alan Childress Plus UNO, SUNO, and even the University of Phoenix I guess. Tulane, Loyola, and Xavier have already announced closing today or noon tomorrow, with likely resumption of classes on Thursday Sept 4. So if you are...Legal ProfessionComputer Fraud Conviction Leads To Reciprocal Disbarmenttag:typepad.com,2003:post-548095002008-08-28T11:38:58-04:002008-08-28T15:39:50ZThe New York Appellate Division for the Third Judicial Department imposed reciprocal disbarment based on the permanent disbarment of the attorney in Louisiana. The attorney had been found to have engaged in a number of acts of misconduct, but the...Legal ProfessionInterview Notes Not Subject To Grand Jury Subpoenatag:typepad.com,2003:post-548083862008-08-28T11:09:05-04:002008-08-28T15:09:35ZThe Supreme Court of Missouri recently issued an opinion regarding a grand jury subpoena for the transcript of a witness interview conducted by a criminal defense attorney of his client's son. The court held as follows: Overview: A grand jury...Legal ProfessionIndirect Thank You Notes Not Impropertag:typepad.com,2003:post-548074422008-08-28T10:49:20-04:002008-08-28T14:49:57ZThe Louisiana Supreme Court recently issued amendments to its Code of Judicial Conduct and the commentary to the code. The code revision deals with the retention of usused contributions. The commentary addition deals with the issue of "thank you" notes...Legal ProfessionFacebook Meets Martindale-Hubbelltag:typepad.com,2003:post-547811742008-08-27T19:37:23-04:002008-08-27T23:37:45ZMeredith Miller (Touro) has a neat website called The Slippery Slope, and she let us know that she has posted a podcast with Mark Britton, the CEO of a startup company called Avvo that assists consumers in selecting lawyers. Kind...Legal ProfessionDotted Lines Do Not Make Me Feel So Comfytag:typepad.com,2003:post-547737762008-08-27T16:42:00-04:002008-08-27T20:54:11ZEven though I know the dotted line is not an actual projection but simply represents a collection of other lines from models all over the place--an average--I do feel like taking a holiday trip for the long weekend. Hopefully it...Legal ProfessionResignation Rescindedtag:typepad.com,2003:post-547568262008-08-27T11:16:44-04:002008-08-27T15:17:17ZThe New York State Commission on Judicial Conduct recently issued a press release concerning a village court judge who had agreed to resign but then apparently had buyer's remorse and rescinded the resignation. The commission's decision accepting the resignation, with...Legal ProfessionIs Asset-Transfer to Jenkens & Gilchrist Law Firm a Non-Refundable Retainer?tag:typepad.com,2003:post-547558122008-08-27T10:49:03-04:002008-08-27T18:38:59ZPosted by Alan Childress Although the case wound up being more about procedure than the underlying matter of receiving an asset from a client and how that is characterized, this Fifth Circuit decision released yesterday may involve substantive and fiduciary...Legal ProfessionLawyer/Longshoreman Indefinitely Suspendedtag:typepad.com,2003:post-547555482008-08-27T10:46:34-04:002008-08-27T14:47:04ZA rather interesting and unusual bar discipline case is summarized on the web page of Massachusetts Bar Counsel: The respondent was a longshoreman, and he was also a practicing attorney admitted to the practice of law in the Commonwealth on...Legal ProfessionBribery Conviction Leads To Ethics Chargestag:typepad.com,2003:post-547500682008-08-27T08:51:20-04:002008-08-27T12:52:17ZThe Illinois ARDC has filed a complaint alleging ethics violations in a case arising out of the attorney's federal bribery conviction. The complaint alleges: Respondent represented individuals and entities in matters relating to the Illinois Department of Revenue (hereinafter "Department")....Legal ProfessionThe Empirics and Ethics of USNWR Gamingtag:typepad.com,2003:post-547044082008-08-26T15:01:00-04:002008-08-26T19:14:04ZPosted by Bill Henderson and Jeff Lipshaw The Wall Street Journal article on gaming the USNWR this morning prompts us to a joint posting of something we've been discussing with each over the summer. We see this particular exercise -...Legal ProfessionLineman! Lineman!tag:typepad.com,2003:post-547022362008-08-26T10:23:02-04:002008-08-26T14:30:05ZWhile football fans contemplate the possible return of Michael Strahan as a result of a recent injury to New York Giants defensive lineman Osi Umenyiori, the New Jersey Appellate Division has remanded Strahan's divorce case for further proceedings. The parties...Legal ProfessionAuthor! Author!tag:typepad.com,2003:post-546982922008-08-26T09:01:33-04:002008-08-26T14:14:56ZIn a 50 page opinion issued today, the Maryland Court of Appeals reversed a trial court determination (affirmed by the Court of Special Appeals) that author Tom Clancy had breached his fidiciary duties in his dealings with his ex-wife. The...Legal ProfessionRankings, Accounting, and Gamingtag:typepad.com,2003:post-546977902008-08-26T08:45:51-04:002008-08-26T12:49:30ZPosted by Jeff Lipshaw Fresh off the front page Wall Street Journal article this morning, friends Larry Ribstein and Nancy Rapoport nail the analogy between law deans gaming the USNWR rankings and accountants massaging the numbers to meet the quarterly...Legal ProfessionWilson on Prosecutorial Ethics: What If The Defendant Seems Innocent But The Boss Says Convict? tag:typepad.com,2003:post-546849662008-08-25T23:21:02-04:002008-08-26T03:21:46ZPosted by Alan Childress Melanie Wilson (Kansas) has published in the Northwestern U Law Review's Colloquy a brief article called Finding a Happy and Ethical Medium Between a Prosecutor Who Believes the Defendant Didn't Do It and the Boss Who...Legal ProfessionCertified Specialists In South Carolinatag:typepad.com,2003:post-546619102008-08-25T13:58:53-04:002008-08-25T17:59:34ZThe South Carolina Supreme Court has announced amendments to its certification of specialty rules. The court has procedures for certification in three practice areas: (1) labor and employment law, (2) estate planning and probate law and (3) tax law. (Mike...Legal ProfessionAttention To Detailtag:typepad.com,2003:post-546454822008-08-25T07:40:12-04:002008-08-25T11:41:08ZA Pennsylvania lawyer was transferred to inactive status during a period of time in which he was not practicing law. He also was admitted in New Jersey and was on retired status there. Notwithstanding these impediments, he began practicing corporate...Legal ProfessionPart Of Nothingtag:typepad.com,2003:post-545872062008-08-23T09:13:10-04:002008-08-24T11:50:52ZA Pennsylvania lawyer (admitted in 1966) was the subject of two suspension orders. The first suspended him for three years; the second for a consecutive two-year term. He failed to make the required notifications of the orders to all his...Legal Profession"Not To Be Taken Lightly"tag:typepad.com,2003:post-545689462008-08-22T16:30:36-04:002008-08-23T12:45:41ZA lawyer prepared a durable power of attorney for a friend's mother at no charge and thereafter notarized the mother's mark on the document even though he had never her and had not witnessed the signature. The friend, as one...Legal ProfessionTragedy Leads To Litigationtag:typepad.com,2003:post-545634542008-08-22T14:15:54-04:002008-08-22T18:21:55ZThe tragic death of a 10 year old child in the crash of a private plane led to a case decided today by the Mississippi Supreme Court. The child lived with her mother in Wichita Falls, Texas. Her schooling and...Legal ProfessionRead The Fine Printtag:typepad.com,2003:post-545630022008-08-22T13:55:38-04:002008-08-22T17:56:12ZGood advice from the La Crosse (Wisconsin) Tribune concerning upcoming judicial election campaign ads: Chief Justice Shirley Abrahamson will be up for re-election and likely will face opposition from big-money groups running so-called "issue ads" that actually are de-facto campaign...Legal ProfessionA Serious Crimetag:typepad.com,2003:post-545625162008-08-22T13:46:38-04:002008-08-23T00:19:36ZAn aspect of effective regulation of the legal profession are rules that impose interim suspension pending final disciplinary action when an attorney is convicted of a "serious crime" as that term is defined by the rules of the disciplining tribunal....Legal ProfessionConference Announcement: Using Empirical Data in Jury Trialstag:typepad.com,2003:post-545546262008-08-22T10:42:01-04:002008-08-22T14:48:09ZPosted by Jeff Lipshaw My colleague and suite-mate, Mike Rustad, is co-chairing "Successful Strategies for Jury Trials," a day-long conference to be held at the Suffolk University Law School here in the heart of downtown Boston on Friday, October 24,...Legal ProfessionGrave Injusticetag:typepad.com,2003:post-545221922008-08-21T15:36:35-04:002008-08-22T00:07:55ZAn attorney who had been suspended for two years in Oregon received a lighter six-month suspension in Massachusetts. One of the misconduct findings related to theft charges where the attorney had taken a Hewlett-Packard personal digital assistant from an electronics...Legal ProfessionChange In Massachusetts?tag:typepad.com,2003:post-545116522008-08-21T11:45:46-04:002008-08-21T15:46:18ZThe Massachusetts Board of Bar Overseers and Bar Counsel has issued a notice seeking comments on proposed revisions of the rules governing bar disciplinary proceedings. Among the proposals: giving Bar Counsel discretion not to open a file on a frivolous...Legal ProfessionProposed Sanction Increasedtag:typepad.com,2003:post-545080082008-08-21T10:39:54-04:002008-08-21T14:40:38ZThe Arizona Disciplinary Commission affirmed a hearing officer's findings of misconduct but rejected the proposed suspension of six months and a day in a case involving multiple ethics violations. The hearing officer found that the lawyer had knowingly withheld evidence...Legal ProfessionBar Opposes Disclosure Of Application Informationtag:typepad.com,2003:post-544711802008-08-20T14:58:06-04:002008-08-21T00:24:59ZThe California State Bar has taken a position in opposition to the release of confidential information concerning applicants for bar admission, according to a report in Forbes.com. The Bar was responded to a request for information from UCLA Law Professor...Legal ProfessionAnger As Mitigationtag:typepad.com,2003:post-544570502008-08-20T10:06:18-04:002008-08-21T23:45:51ZAn Arizona lawyer was hired as the executive director of a nonprofit corporation, leaving his employment as an assistant county attorney. He represented the nonprofit in a dispute with a general contractor and identified himself as "chief counsel" as well...Legal ProfessionJudge Nottag:typepad.com,2003:post-544100762008-08-19T13:56:13-04:002008-08-19T17:56:26ZThe New Mexico Supreme Court removed a magistrate judge from his judicial office, rejecting the suggestion that the matter should have been considered by a special master rather than the Judicial Standards Commission. The judge was found to have engaged...Legal ProfessionCharges Dismissedtag:typepad.com,2003:post-544023942008-08-19T11:27:11-04:002008-08-19T15:36:36ZA hearing officer in Arizona dismissed misconduct charges against an attorney who represented a client in civil litigation. The attorney chose a doctor to conduct a medical examination of the opposing party. The doctor wished to charge an additional $1,000...Legal ProfessionNo Mitigation For ADHDtag:typepad.com,2003:post-543958162008-08-19T09:21:33-04:002008-08-19T13:21:59ZA Louisiana hearing committee recently recommended the disbarment of an attorney who was the managing partner of a law firm's office in Baton Rouge. He had taken on a personal injury claim on behalf of two minors involved in an...Legal ProfessionLet's Not Meet By Accidenttag:typepad.com,2003:post-543670962008-08-18T17:14:39-04:002008-08-18T21:14:53ZA hearing board in Louisiana has recommended a suspension of a year and a day of an attorney for misconduct arising out of a rear end collision. The lawyer asked the other driver if the matter could be resolved amicably...Legal ProfessionBetter Left Unsenttag:typepad.com,2003:post-543485542008-08-18T11:01:34-04:002008-08-18T15:01:47ZAfter twice rejecting proposed consent dispositions as unduly lenient, the Arizona Disciplinary Commission has recommended a 30-day suspension followed by two years probation based on the recommendation of a hearing officer after a full hearing. The attorney, admitted in 1991,...Legal ProfessionInformal Attire Not Unethicaltag:typepad.com,2003:post-543455782008-08-18T10:08:18-04:002008-08-18T14:11:50ZA hearing officer in Arizona "[h]aving served as a disciplinary committee member or hearing officer for over 25 years" for the first time recommends "complete dismissal" of all misconduct charges against a lawyer admitted in 1999. The alleged misconduct? First,...Legal ProfessionNo Expert Testimony Needed To Establish Fiduciary Breachtag:typepad.com,2003:post-542903942008-08-16T18:06:46-04:002008-08-17T00:27:40ZThe Mississippi Supreme Court affirmed a jury verdict in a case brought against an attorney by a former client. The lawyer had been retained by a husband and wife to prosecute a medical malpractice claim on behalf of them and...Legal Profession