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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

Lipshaw on Judgment (and Metaphor)

Posted on February 11, 2010
Posted, written, directed, produced by, and starring, Jeff Lipshaw I hope you have the point. I have decided that the article I've been working on (February is the hardest month, isn't it?) has, sometime in the last several days, passed...

Change In Status

Posted on February 11, 2010
The Supreme Court of Washington has disbarred an attorney as a result of the following: This case involves an attorney who, when faced with revocation of his business license by the Department of Revenue (DOR), notified DOR he was ceasing...

Disbarment Not Warranted

Posted on February 11, 2010
The Minnesota Supreme Court imposed an indefinite suspension with the right to seek reinstatement after a minimum of twelve months in a matter involving neglect of eight client matters over a two-year period, failure to communicate with clients, false statements...

Intent To Defraud

Posted on February 11, 2010
The Law Offices of Silverman & Taylor was convicted in a non-jury trial of four counts of offering a false instrument for filing. The offices and an individual defendant were alleged to have submitted falsely inflated bills for treatment in...

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A Quick Note on the Non-Snowmageddon in Boston and the General Uselessness of Behavioral Psychology in Actually Making Decisions

Posted on February 11, 2010
Posted by Jeff Lipshaw So, framed by knowledge of the forty inches or so of snow that fell on Washington, D.C., and fortified by optimism bias on the accuracy of weather models, everybody in Boston, including my school, shut down...

Judicial Warfare In Wisconsin

Posted on February 11, 2010
A bitterly divided Wisconsin Supreme Court today issued an opinion that dealt with a recusal motion directed at a fellow justice in a criminal appeal in the following manner:The members of the court disagree as to the disposition of petitioner...

No Duty To Non-Patient

Posted on February 10, 2010
In a medical malpractice action, the plaintiff must establish the existence of a doctor-patient relationship with the defendant physician, which the Oklahoma Supreme Court held had not been established when the treating doctor consulted with and relied on a second...

Reason To Discharge

Posted on February 10, 2010
In an appeal of a decision in litigation between a matrimonial client and her former counsel, the New York Appellate Division for the Second Judicial Department held that the Supreme Court had committed error in several respects. One aspect of...

The Note

Posted on February 10, 2010
The Pennsylvania Supreme Court imposed a year and a day suspension in a disciplinary matter. The court followed the recommendation of its Disciplinary Board. The board had rejected the proposed sanction of a hearing committee for a six-month stayed suspension...

Equitable Considerations

Posted on February 09, 2010
The New York Appellate Division for the First Judicial Department held that a law firm was not entitled to interest on an arbitration award and had acted in contravention of duties regarding entrusted funds. The law firm was awarded $30,000...

Former General Counsel Disbarred

Posted on February 09, 2010
The Pennsylvania Supreme Court has accepted the consent disbarment of the former general counsel to Amkor Technology in the wake of his conviction on charges of insider trading. The attorney had been on an interim suspended status. Details about the....

Nix To Tix Fix

Posted on February 09, 2010
The South Carolina Supreme Court accepted an agreed public reprimand of a former county magistrate for intervention with tickets. The court found the following facts: This matter was referred to ODC following an internal investigation at the Department of Public...

Need Not Arbitrate

Posted on February 09, 2010
The New York Appellate Division for the First Judicial Department modified an order dismissing a suit for allegedly unpaid legal fees in a matrimonial action. The attorney and client had executed three retainer agreements that provided notice of rights to...

Sending A Message

Posted on February 09, 2010
The Illinois Review Board has recommended a 30 day suspension of an elected state's attorney for litigation misconduct. The board's synopsis of the case: [The prosecutor], the State's Attorney of Wayne County, was charged with misconduct arising out of his...

Suspension With Reinstatement Conditioned On Mental Health

Posted on February 08, 2010
An attorney who was the subject of bar complaints from five former clients was suspended for two years by the Georgia Supreme Court. The attorney had stipulated to a sanction in the six-month to two-year range. He had asserted that...

Disturbing Behavior

Posted on February 08, 2010
The Louisiana Supreme Court found that an attorney had engaged in misconduct in two client matters. Although the court found it to be "[p]articularly disturbing" that the attorney sought to blame the clients for his lapses, it imposed a fully-deferred...

Friends Like These

Posted on February 08, 2010
The danger in representing a friend without following the normal formalities of an attorney-client relationship is apparent in a recent recommendation for discipline by an Arizona Hearing Officer. The attorney was admitted to practice in November 2006...

Weirdest Political Ad Ever?

Posted on February 07, 2010
http://www.youtube.com/watch?v=yo7HiQRM7BA&feature=player_embedded# This is your political ad on drugs. Any questions? It gets even more bizarre at the end. By the way, Jeff, that breed of sheep on the pedestal at about 22 seconds into it is a Suffolk...

Every Partner's Nightmare

Posted on February 06, 2010
The Illinois Hearing Board has recommended disbarment of an attorney for conversion of trust funds, lying to his partners and violating his fiduciary obligations to his the shareholder attorneys of his firm. The attorney also had failed to participate in...

"I'll See You In Federal Prison"

Posted on February 05, 2010
The Arkansas Supreme Court Committee on Professional Conduct cautioned an attorney for misconduct in the course of litigation between a divorced couple over visitation custody and child support. The attorney represented the ex-wife. The ex-husband was a convicted felon who...

Not Reinstated

Posted on February 05, 2010
The Connecticut Appellate Court affirmed a trial court order that had been appealed by a suspended attorney whose application for reinstatement had been denied. The court rejected a variety of contentions, concluding that the trial court had abused its discretion...

"A Troubling Situation"

Posted on February 04, 2010
The New York Appellate Division for the First Judicial Department agreed with the Departmental Disciplinary Committee that an interim suspension be imposed on an attorney. The attorney had previously been suspended for three years and was reinstated. The present matter...

YouTube Judicial Campaign Ad Leads To Public Reprimand

Posted on February 04, 2010
The Florida Supreme Court approved a stipulation for discipline and imposed a public reprimand of a circuit court judge for "misrepresentations made to the voting public during [the judge's] campaign for the Circuit Court judgeship." Noting that a judicial candidate...

Utah Grants Waiver Of ABA-Accreditation Requirement

Posted on February 04, 2010
The Utah Supreme Court recently granted a petition for extraordinary relief and allowed waiver of the requirement that the petitioner have graduated from an ABA-accredited law school in order to sit for the bar examination. The petitioner graduated from Western...

Citizen's Arrest

Posted on February 04, 2010
The South Dakota Supreme Court has held that on-duty student officers at South Dakota State University do not have the authority to make citizen's arrests for petty offenses. Two students observed another student park his car, get out and apparently....

Board Reversed, Prosecutor Absolved

Posted on February 04, 2010
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today dismissed a disciplinary complaint alleging professional misconduct by [a] Logan County assistant prosecutor...The Court?s decision reversed findings of disciplinary rule violations by the Board of...

Burden Of Proof When Entrusted Cash Is Missing

Posted on February 03, 2010
A bar discipline decision issued by the Massachusetts Supreme Judicial Court yesterday: In this bar discipline case, the respondent received cash belonging to an elderly client but did not make a record of the total amount received and did not...

Hold That Call

Posted on February 03, 2010
The Wisconsin Supreme Court upheld the admission of most of the evidence obtained after seizure of the cell phone of an arrested defendant: The focus of our inquiry is whether the evidentiary basis for the warrant to search the cell...

All In The Family

Posted on February 03, 2010
Another recently-filed complaint by the North Carolina State Bar alleges misconduct by an attorney who had employed her twice-disbarred father in her law office. The father was disbarred following his conviction for embezzlement of client funds, reinstated, and disbarred again...

Attorney Faces Charges Of Improper Importuning Of Client

Posted on February 03, 2010
The North Carolina State Bar has filed a disciplinary complaint that alleges misconduct by a court-appointed attorney who had represented a client for approximately six months. It is alleged that the attorney throughout the representation "made inappropriate comments of a...

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