Legal Profession Blogtag:typepad.com,2003:weblog-5174562008-10-06T16:08:48ZA Member of the Law Professor Blogs NetworkTypePad497100http://www.feedburner.com"Countervailing Interests"tag:typepad.com,2003:post-566172112008-10-06T12:08:48-04:002008-10-06T16:09:36ZThe Maryland Court of Special Appeals held that a trial court had properly excluded defense counsel from representation of his client. Although the court acknowledged the Sixth Amendment right to counsel of choice, a number of issues arose during the...Legal ProfessionNever Againtag:typepad.com,2003:post-566110132008-10-06T10:09:08-04:002008-10-06T14:09:37ZAn associate of a Georgia law firm with three years experience was "assigned to conduct discovery for a products liability case, despite having very little experience in the area." He failed to forward discovery requests to the client and did...Legal ProfessionAdmission Deniedtag:typepad.com,2003:post-566102412008-10-06T09:53:12-04:002008-10-06T13:53:36ZThe Georgia Supreme Court affirmed the denial of bar admission of its Board to Determine Fitness of Bar Applicants, concluding that the applicant had not met his burden of proof of rehabilitation in light of his criminal record. Although [he]...Legal ProfessionReinstatement With Probation Proposedtag:typepad.com,2003:post-566096952008-10-06T09:40:53-04:002008-10-06T13:41:46ZAn attorney admitted in Arizona in 1990 was suspended for non-payment of dues in 2003. He had decided to cease practice after losing his eyesight due to scarring of the corneas. His eyesight began to improve in 2006 and a...Legal ProfessionThe Wrong Approachtag:typepad.com,2003:post-565144852008-10-03T19:46:50-04:002008-10-03T23:47:19ZA reinstatement petition was denied by the Michigan Attorney Discipline Board. The petitioner had been suspended for eighteen months in 2003 for failure to perform legal services and charging a excessive fee. The decision is worth studying as a road...Legal ProfessionContempt For Pursuing Discovery tag:typepad.com,2003:post-565059352008-10-03T16:20:00-04:002008-10-03T20:20:31ZThe Arkansas Supreme Court upheld a contempt citation against an attorney who had filed suit on behalf of a client suing the Chancellor and President of the University of Arkansas for an alleged failure to properly investigate a campaign of...Legal ProfessionTravel Without Permissiontag:typepad.com,2003:post-565002092008-10-03T14:19:46-04:002008-10-03T18:20:30ZThe Michigan Attorney Discipline Board imposed a one year suspension of an attorney who had violated court orders and testified dishonestly in court proceedings. He had been held in criminal contempt and sought to appeal the conviction. The board found...Legal ProfessionEscrow Until Earnedtag:typepad.com,2003:post-564863352008-10-03T09:53:35-04:002008-10-03T13:54:32ZThe Iowa Supreme Court adopted a proposed public reprimand of an attorney who had charged an illegal fee and engaged in other misconduct in connection with the representation of a defendant in a drug case. He had agreed to a...Legal ProfessionVoted Out Not Removedtag:typepad.com,2003:post-564507052008-10-02T14:45:29-04:002008-10-02T21:22:47ZA former justice court judge was reprimanded by the Mississippi Supreme Court. The judge was the subject of two complaints alleging that she had exceeded her authority in separate matters. The court sustained the conclusion of the Commission on Judicial...Legal ProfessionUneven Road To Rehabilitationtag:typepad.com,2003:post-564497032008-10-02T14:25:00-04:002008-10-02T18:25:31ZThe California Bar Journal reports: [An attorney] was suspended for three years, stayed, placed on three years of probation with an actual two-year suspension and was ordered to prove her rehabilitation, take the MPRE and comply with rule 9.20. The...Legal ProfessionA new low in the collegiality warstag:typepad.com,2003:post-564487092008-10-02T14:04:17-04:002008-10-02T18:28:35ZA friend of mine from Houston forwarded me this letter (here), which has to be a new low in collegiality. [Nancy Rapoport]Legal ProfessionThird Time Is No Charmtag:typepad.com,2003:post-564416512008-10-02T11:40:49-04:002008-10-02T21:37:44ZThe Connecticut Appellate Court affirmed the dismissal of a claim on statute of limitations grounds. The case arose out of a law firm's representation of a client in a foreclosure action. The alleged mishandling of the case resulted in a...Legal ProfessionGo With The Flowtag:typepad.com,2003:post-564023652008-10-01T16:46:27-04:002008-10-01T20:49:00ZA Colorado district attorney was publicly censured in light of a conditional admission that she had "negligently failed to take adequate steps to ensure the free flow of information and materials between investigative personnel and [her] office sufficient to place...Legal ProfessionProbation For Intemperate Charges Against Courttag:typepad.com,2003:post-564011052008-10-01T16:20:11-04:002008-10-01T20:20:52ZThe California Bar Journal reports the following disciplinary action against an attorney: [The attorney] was suspended for one year, stayed, placed on one year of probation and was ordered to take the MPRE within a year. The order took effect...Legal ProfessionRevolving Doortag:typepad.com,2003:post-563823292008-10-01T11:02:06-04:002008-10-01T16:11:29ZA former assistant state's attorney for Macon County Illinois has been charged with improperly soliciting and attempting to solicit criminal clients with whom he had had contact while employed in his public position. He is alleged to have approached seven...Legal ProfessionHazards Of Flying First Classtag:typepad.com,2003:post-563815632008-10-01T10:46:43-04:002008-10-01T14:47:41ZAn associate attorney of a law firm was sent from Chicago to Santa Ana, California for a deposition. He obtained economy class reservations for the flight from O'Hare. At the self-service kiosk, he inadvertently upgraded to first class, resulting in...Legal ProfessionStay Outtag:typepad.com,2003:post-563793092008-10-01T10:03:21-04:002008-10-02T02:00:19ZEffective today, the Maine Supreme Judicial Court has entered an order that bars law enforcement officers, probation officers, lawyers, juvenile caseworkers, and members of the public into the clerks offices of the Superior, District, and Supreme Judicial courts. The order...Legal ProfessionSloshing Capitaltag:typepad.com,2003:post-563451552008-09-30T16:19:40-04:002008-09-30T20:19:58ZPosted by Jeff Lipshaw If you want some sane commentary these days, try reading David Brooks in the New York Times. His column yesterday on the defeat of the bail-out bill was entitled "Revolt of the Nihilists." Here's a taste:...Legal ProfessionPet Death Results In Lawsuittag:typepad.com,2003:post-563366772008-09-30T13:26:41-04:002008-09-30T17:27:09ZThe Washington State Court of Appeals Division I has held that claims against a veterinarian arising out of the death of the plaintiff's pet are not governed by the medical malpractice statute and, thus, that claims other than professional negligence...Legal Profession"A Solemn Proceeding"tag:typepad.com,2003:post-563362132008-09-30T13:13:30-04:002008-09-30T17:14:02ZA judge was ordered to appear before the Florida Supreme Court for administration of a public reprimand. The sister of his former law partner was arrested for domestic battery against her husband. Even though the matter was not assigned to...Legal ProfessionPiercing The Corporate Veil In Ohiotag:typepad.com,2003:post-563251772008-09-30T09:39:47-04:002008-09-30T13:40:20ZThe Ohio Supreme Court issued a decision today that modifies the court's position on piercing the corporate veil. The decision is summarized on the court's web page: In a decision announced today, the Supreme Court of Ohio held that when...Legal ProfessionBreach Of Trusttag:typepad.com,2003:post-563248972008-09-30T09:32:40-04:002008-09-30T13:33:49ZAn attorney who had accepted fees in cash that were due to her law firm but placed the fees in a personal account was suspended for two years by the South Carolina Supreme Court. She had been convicted of a...Legal ProfessionAALS Professional Responsibility Section Newsletter Is Fresh Off the Pressestag:typepad.com,2003:post-562969052008-09-29T16:52:50-04:002008-09-29T20:54:08ZPosted by Alan Childress The AALS Section of Professional Responsibility puts out a quarterly newsletter that is a gold mine (and today gold is worth its weight in gold) for any professor, student, lawyer, judge, or citizen interested in issues...Legal ProfessionDelay In Filing Charges Does Not Result In Dismissaltag:typepad.com,2003:post-562762492008-09-29T10:20:09-04:002008-09-29T14:46:12ZA hearing committee of the D.C. Board on Professional Responsibility recommends a 60 day suspension of an attorney who had engaged in extensive commingling, used his escrow account to shield his assets from creditors, and sent a letter that made...Legal ProfessionMore Than Role Playingtag:typepad.com,2003:post-562746792008-09-29T09:54:38-04:002008-09-29T14:24:11ZThe West Virginia Supreme Court annulled an attorney's license and ordered two years of supervised probation, among other conditions, upon reinstatement. The attorney had paid one Curtis Griffin to locate an individual that he had hired to renovate his office...Legal ProfessionPractice Interruptedtag:typepad.com,2003:post-562315272008-09-28T08:55:02-04:002008-09-28T12:55:59ZThe New York Appellate Division for the Second Judicial Department rejected a plea to practice without interruption made on behalf of an attorney convicted of an unclassified misdemeanor for driving under the influence. He had been involved in an accident...Legal ProfessionThe AIG Dealtag:typepad.com,2003:post-562088502008-09-27T12:24:00-04:002008-09-27T16:44:42ZPosted by Jeff Lipshaw This is what it feels like when you are on the inside of a deal. Can it really be that the AIG bail-out is old news, since trumped by the bigger bail-out bill, the WaMu seizure...Legal ProfessionCredit Addicts and Their Enablerstag:typepad.com,2003:post-561152822008-09-26T11:45:00-04:002008-09-26T15:53:00ZPosted by Jeff Lipshaw There's an old joke (I guess it's a joke) about a person searching for a lost wallet at night under a street light. "But you lost it over there," says a bystander, pointing down the street....Legal ProfessionPost-Discipline Contentions Rejectedtag:typepad.com,2003:post-561661002008-09-26T09:45:45-04:002008-09-26T13:46:13ZThe Supreme Court of Florida rejected a collateral attack on a previously imposed disciplinary sanction imposed against Montgomery Blair Sibley. He had contended`that the order of discipline was improperly entered because the judges had failed to take the prescribed loyalty...Legal ProfessionSuspension Insufficienttag:typepad.com,2003:post-561636762008-09-26T08:43:33-04:002008-09-26T12:44:32ZThe web page of the Ohio Supreme Court notes a decision issued yesterday: Cincinnati attorney Donald M. Powers Jr. has been disbarred for his participation in a criminal real estate “flipping” scheme in which a title company that he partly...Legal ProfessionSuit Filed Against Louisiana Bar For Its New Attorney Ad Restrictionstag:typepad.com,2003:post-561362122008-09-25T15:10:34-04:002008-09-25T19:15:19ZStory here reported in the Baton Rouge media about a constitutional challenge in federal court, filed by local attorneys, to Louisiana's recent restrictions on lawyer ads. [Hat Tip to a student in my ethics class, Jason Kelley.] The new rules...Legal ProfessionLess Than Disbarment And Less Than Justifiedtag:typepad.com,2003:post-561293162008-09-25T12:48:44-04:002008-09-25T16:49:19ZAn attorney practicing primarily in Umpire, Arkansas accepted a three-year consent suspension that was approved by the Arkansas Supreme Court. The attorney was also a certified public accountant and financial planner. A client that had (through other counsel) secured a...Legal ProfessionNo Suspensiontag:typepad.com,2003:post-561248322008-09-25T12:09:11-04:002008-09-25T16:09:44ZThe Minnesota Supreme Court entered orders in two disciplinary matters today, imposing supervised probation in both cases. One attorney was charged with neglect of a single matter leading to a default and false statements to the bar's investigator. The bar...Legal ProfessionLess Than Disbarmenttag:typepad.com,2003:post-561231762008-09-25T10:50:13-04:002008-09-25T14:51:20ZThe New York Appellate Division for the Third Judicial Department declined to impose disbarment in a matter arising out of the attorney's conviction for a misdemeanor offense of filing a false instrument. The attorney had filed a false adotion petitionthat...Legal ProfessionMichigan's New Admissions Policytag:typepad.com,2003:post-561083742008-09-25T00:57:48-04:002008-09-25T04:58:21Z[posted by Bill Henderson, cross-posted at ELS Blog] Over at Moneylaw, rankings guru Tom Bell (Chapman) breaks an important story: The University of Michigan Law School has introduced the new Wolverine Scholars program, which is a special admissions program for...Legal ProfessionWatch Your Email SEND List: Another Cautionary Taletag:typepad.com,2003:post-560986982008-09-24T19:06:58-04:002008-09-24T23:07:32ZPosted by Alan Childress This blog and Legal Ethics Forum have posted several examples of lawyer disasters stemming from sending emails to the wrong person or leaving metadata embedded. Same can happen in politics. The Colorado Independent today reports that...Legal ProfessionBreaking News: Sen. McCain Asks Obama To Postpone Debatetag:typepad.com,2003:post-560881602008-09-24T15:15:20-04:002008-09-24T19:36:11ZStory here and elsewhere. Just hoping networks do not fill time with reruns of Everyone Loves Raymond. [Alan Childress] UPDATE: Easy solution to this dilemma and also solves my Raymond problem: Obama should agree to swap the VP debate with...Legal ProfessionLaw Firm Insurance Coverage Issue Remandedtag:typepad.com,2003:post-560801142008-09-24T12:52:05-04:002008-09-24T16:52:41ZThe New York Appellate Division for the First Judicial Department reversed a Supreme Court order holding that insurers of a law firm were not obligated to defend and indemnify the firm under excess professional liability insurance policies. The relevant facts...Legal ProfessionNo Relieftag:typepad.com,2003:post-560787782008-09-24T12:16:00-04:002008-09-24T18:24:17ZAn attorney convicted of, among other things, second degree murder was summarily disbarred by the New York Appellate Division for the First Judicial Department. The court declined to entertain the possibility of relief based on the attorney's claim that he...Legal ProfessionStayed Suspension tag:typepad.com,2003:post-560694322008-09-24T08:53:37-04:002008-09-24T14:38:01ZThe Pennsylvania Supreme Court imposed a stayed six-month suspension with conditions of an attorney who had been convicted of aggravated assualt by vehicle while driving under the influence, recklessly endangering another person, and driving while under the influence of a...Legal ProfessionExpression Of Supporttag:typepad.com,2003:post-560688522008-09-24T08:40:37-04:002008-09-25T00:06:01ZA presentment was filed with the New Jersey Supreme Court seeking a sanction against a municipal court judge. The Advisory Committee on Judicial Conduct charges that the judge engaged in improper political activity after criminal charges were filed against the...Legal ProfessionCNN AC360 Asked For A Caption, So...tag:typepad.com,2003:post-560588922008-09-23T23:57:34-04:002008-09-24T04:01:50ZPosted by Alan Childress CNN's Anderson Cooper has a feature asking readers to post a caption for a photo. Today's was this pic of Palin and Kissinger outside the UN. The reader's caption that they mentioned on-air was funny enough,...Legal ProfessionBurden Of Prooftag:typepad.com,2003:post-560273302008-09-23T12:09:53-04:002008-09-23T16:10:27ZA Louisiana hearing committee has recommended that all disciplinary charges be dismissed in a matter where the attorney had been charged with engaging in a prohibited business transaction with a client. The fighting issue was whether disciplinary counsel had proved...Legal Profession"Off The Books"tag:typepad.com,2003:post-560253322008-09-23T11:28:45-04:002008-09-23T15:29:47ZThe Louisiana Attorney Disciplinary Board has recommended the permanent disbarment of an attorney convicted of "inciting a felony" (itself a felony). The conviction related to his practice of law. He was an associate of a law firm and was assigned...Legal Profession