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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

The Law Firm Of Me, Myself and I

Posted on February 21, 2011
A three-judge court in Virginia Beach, Virginia has imposed a suspension of 30 days followed by a year of probation in a matter involving a number of disciplinary violations. The attorney had, among other things, advertised his practice as himself...

New York Amends Rules Regarding Legal Services in A Major Disaster

Posted on February 21, 2011
The New York Court of Appeals recently adopted rules regarding the provision of legal services in the wake of a major disaster. The amended rule governs the provision of pro bono legal services on a pro hac vice basis after...

Conditional Admission Granted

Posted on February 21, 2011
The Louisiana Supreme Court conditionally admitted an applicant who had withdrawn an application for admission in 2007 in light of information that he had not fully disclosed his criminal history in his law school admission application. The court noted that...

Job Interview Ethics

Posted on February 20, 2011
What information concerning legal experience may a law graduate provide to a prospective employer without running afoul of confidentiality obligations? The North Carolina Bar has a January 21, 2010 formal opinion: Providing Conflicts Information to Hiring Law Firm Opinion rules...

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Trouble In Conshohocken

Posted on February 19, 2011
The web page of the Pennsylvania Disciplinary Board reports a recent suspension imposed as a result of a criminal conviction. Law.com had a story about the charges in June 2010: Attorney Robert N. Wilkey's employer was surprised to learn Friday...

Smell Of Alcohol On Attorney's Breath Inadmissible Absent Evidence of Impairment

Posted on February 18, 2011
The Iowa Supreme Court agreed with its Court of Appeals that a trial court committed error when it permitted the plaintiff in a legal malpractice case to introduce evidence that the attorney "emitted the smell of an alcoholic beverage from...

Son-In-Law

Posted on February 18, 2011
The New York Appellate Division for the Second Judicial Department accepted an attorney's resignation and imposed disbarment. The court set out the allegations: [The attorney] is aware of a pending investigation by the Grievance Committee for the Tenth Judicial District...

Annoying Habits CLE

Posted on February 17, 2011
From the web page of the District of Columbia Bar: On March 2 the Young Lawyers Committee of the Corporation, Finance and Securities Law Section will host a luncheon program titled ?Annoying Habits of Associates: A Partner?s Perspective,? which highlights...

The Last Misstep

Posted on February 17, 2011
The New York Appellate Division for the Third Judicial Department has vacated the stay of a suspension imposed in 2004 for escrow account violations that included issuing escrow checks against insufficient funds. The conditions for the stay required quarterly reports...

On To Texas!

Posted on February 17, 2011
The New York Court of Appeals has reversed the Appellate Division and granted a defendant law firm's motion to dismiss the complaint on the condition that the law firm waive any statute of limitations defense that might be available in...

File Sharing A Must

Posted on February 17, 2011
The Virginia Disciplinary Board has imposed a five-day agreed suspension with terms in a case involving a client file. The attorney was contacted by his former law partner with a request to locate the file of a former client in...

Stanford Law Review's Second Ebook Features Posner on Quality of Legal Representation

Posted on February 17, 2011
Posted by Alan Childress Updating the announcement last week of bringing SLR to Kindle, Nook, iPad, Sony, etc. And thanks to Jeff Lipshaw for noting it at Prawfs--and I think he wants them to publish his new piece on models...

Robert Rosen on Lawyers' Roles--In-House and Outside Counsel--in Advising Corporations

Posted on February 16, 2011
Posted by Alan Childress As promised in a comment, here is more information on a new addition to the publishing project, and quite germane to the blog topic (!): Rob Rosen's (law, Miami) book, Lawyers in Corporate Decision-Making. Today out...

None In The Family

Posted on February 16, 2011
The holding of a case decided yesterday by the Oklahoma Supreme Court: This is an original proceeding to challenge the validity of State Question No. 752, Legislative Referendum No. 352 and the Judicial Nominating Commission. State Question No. 752 amended...

(Not) Ready For My Close Up, Mr. DeMille

Posted on February 16, 2011
The Louisiana Attorney Disciplinary Board has recommended permanent disbarment of an attorney in a matter involving a bribery conviction. The attorney had participated in the "bribery of a state official in exchange for the approval of lucrative tax benefits...

An "Extremely Stupid" Idea Gets A Reprimand

Posted on February 16, 2011
The New Jersey Supreme Court accepted the recommendation of its Disciplinary Review Board and reprimanded an attorney convicted of one count of tampering with public records. In 2004, the attorney had stolen the identity of a college fraternity brother by...

Damage Done By Assembly-Line Injustice

Posted on February 15, 2011
The Indiana Supreme Court suspended a superior court judge for 30 days without pay for his handling of traffic infractions generally and one case in particular. The particular case involved a bench trial on charges of driving while suspended and...

Resume Gets Attorney Suspended

Posted on February 14, 2011
The Connecticut Appellate Court has affirmed a judgment suspending an attorney who had submitted an application for a staff attorney position with the state workers' compensation commission. The attorney-applicant stated that he was employed by a non-existent law firm, claimed...

Nonrefundable Advanced Fees Are Unreasonable

Posted on February 14, 2011
The Indiana Supreme Court has imposed a public reprimand in a matter involving charging unreasonable fees in two family law matters. In each matter, the agreements called for a nonrefundable engagement fee. The court held that "[r]egardless of the term...

After Disbarment Comes Permanent Disbarment

Posted on February 14, 2011
The Louisiana Supreme Court has permanently disbarred an attorney disbarred in 2006 for "defrauding a legally blind woman into signing a contingent fee agreement, forging an endorsement on a settlement check, forging a signature on an affidavit, making a false...

Metaphors, Models, and Meaning in Contract Law

Posted on February 14, 2011
Posted by Jeff Lipshaw For those of you out in the practice world who are curious about how academic legal theory and first year contract law pedagogy might be combined with real world intuitions and experience, I've posted a new...

Indiana Wants Me

Posted on February 13, 2011
In a case that otherwise would "warrant a sanction in the lowest range," the Indiana Supreme Court imposed a suspension of not less than 180 days without automatic reinstatement. What upped the ante? In a word...attitude. The attorney sent a...

For Men Only

Posted on February 12, 2011
An order to show cause has been issued in a matter in which a North Carolina attorney who is subject to a stayed three-year suspension. The suspension required the attorney to terminate his representation of all female clients within 60...

What You Don't Do When You Think (Or Even Know) That Your Client Is Guilty

Posted on February 11, 2011
A conviction for simple robbery was reversed by the Kansas Supreme Court as a result of the trial court's failure to grant the attorney's motion to withdraw. At an ex parte chambers conference, the attorney stated to the judge that...

Resign And Then Run

Posted on February 11, 2011
The Vermont Supreme Court has held that discipline against an assistant judge who had failed to resign from office in order to run for the position of probate judge was appropriate, rejecting the judge-candidate constitutional claims. The court rejected the...

Black Hawk Down

Posted on February 11, 2011
The Iowa Supreme Court has imposed a suspension of no less than eighteen months in a sex-with-client matter. The attorney met the client on the day of her release from from a mental healty facility, where she had been treated...

Former DA Disbarred

Posted on February 11, 2011
WRAL.com reports on a disciplinary action from North Carolina: The former district attorney for Person and Caswell counties has been disbarred after pleading guilty last summer to inappropriately touching and kissing women. Joel Brewer was disbarred by the Wake County...

Red Handed

Posted on February 10, 2011
The New York Appellate Division for the First Judicial Department has imposed a one-year suspension for tax violations. The court described the circumstances: In March 2008, respondent was contacted by the Nassau County District Attorney's Office about his failure to...

Relationship In 1970s Results In Interim Suspension, Reinstatement

Posted on February 10, 2011
The Wyoming Supreme Court has reinstated an attorney who obtained her law degree in 1988 at the age of 45 and was admitted in 1989. In 2004, the attorney was convicted in Massachusetts for violation of a statute that prohibits...

Safe Harbor Now But Not Then

Posted on February 10, 2011
The Florida Supreme Court resolved a conflict in lower court decisions by holding that a "safe harbor" provision enacted in 2002 did not apply to frivolous claims filed prior to the adoption of the provision. Under the provision, a party...

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