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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

Five-Year Suspension

Posted on August 07, 2009
The New York Appellate Division for the Second Judicial Department imposed a five-year suspension for the failure to promptly pay settlement proceeds in a wrongful death action and misappropriation of entrusted funds. The court considered the follwing in determining the...

Moral Turpitude On The Facts

Posted on August 06, 2009
A District Of Columbia hearing committee has concluded that a conviction on plea of guilty to the crime of first degree assault involved moral turpitude on its facts. Disbarment is mandatory in D.C. for a moral turpitude conviction. A hearing...

Reasonable Remedial Measures

Posted on August 06, 2009
The Pennsylvania Supreme Court approved a proposed public censure of an attorney for misconduct in ongoing litigation. Unbeknownst to the attorney, his client had provided forged documents and testified falsely at a deposition. The attorney failed to act for three...

Advice on Engineering One's Career - Law Professor Edition

Posted on August 06, 2009
Posted by Jeff Lipshaw For the last month, I've been guest-blogging over at PrawfsBlawg, which I think has a slightly different demographic than we have over here. What follows is a cross-post (in large part) of a comment I made...

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More Than A Bad Move

Posted on August 06, 2009
The Minnesota Supreme Court imposed an indefinite two year suspension with the right to reapply after 120 days subject to probation if reinstated. The attorney was retained as successor counsel in a deportation matter. He filed a so-called Lozada motion...

Permanent Office Not Required

Posted on August 06, 2009
The Mississippi Supreme Court has amended its rules governing admission by reciprocity. An applicant is no longer required to certify that she intends to establish a "permanent office for the active practice of law" in Mississippi. The amended rule took...

Convictions Lead To Bar Charges

Posted on August 05, 2009
The Illinois Administrator has filed an amended complaint charging an attorney with misconduct as a result of two sets of criminal charges. The underlying circumstances of the first conviction are described as follows: On April 5, 2004, Respondent barricaded himself...

False Impression

Posted on August 05, 2009
An interesting hearing committee report from Louisiana recommends that two lawyers be suspended for six months, all deferred, and that they attend a bar sponsored ethics seminar. The two lawyers shared office space and had jointly represented a criminal defendant...

Alcohol-Related Accidents Lead To Suspension

Posted on August 05, 2009
An attorney who was involved in two alcohol-related traffic accidents is the subject of a proposed suspension of a year and a day, retroactive to the date of her interim suspension, pursuant to the recommendation of the Louisiana Attorney Disciplinary...

No Joke

Posted on August 04, 2009
A Nebraska attorney was suspended for 120 days for misconduct in connection with his representation of his paralegal (now associate) on charges of operating a motor vehicle without a valid registration and proper proof of insurance. The attorney wrote a...

Organ Donation Article's Title Makes One Blogger Lilly-Livered + Are You Missing and Declared Dead?

Posted on August 04, 2009
Posted by Alan Childress The Lowering The Bar blog, in its post called Law Review Article Titles: Stop the Madness, groans at Brian Morris, Comment, "YOU'VE GOT TO BE KIDNEYING ME!: The Fatal Problem of Severing Rights and Remedies From...

Law Firm Letterhead Should Not Be Used For Debt Collection Letter

Posted on August 04, 2009
The U.S. Court of Appeals for the Fifth Circuit yesterday issued an opinion that should serve as a warning to lawyers involved in debt collection: be careful what stationery you use. Here is a nice summary (with permission) from the...

Title Company Liable For Attorney Theft

Posted on August 04, 2009
The New Jersey Appellate Division reversed a trial court determination and held that a title insurance company is liable to its insureds for defalcations by the closing attorney in a real estate transaction. A notice of disclaimer of an agency...

Court Clerk Suspended

Posted on August 04, 2009
The South Carolina Supreme Court has temporarily suspended the former Clerk of the Beaufort County Clerk of Court who has been indicted on charges of embezzlement of public funds. The Beaufort Tribune reports: According to the indictments [the former clerk]...

Larceny Charges Lead To Discipline

Posted on August 03, 2009
A South Carolina Magistrate received a public reprimand based on the following findings of fact: On January 30, 2008, respondent was arrested and charged with petit larceny. The charge stemmed from the removal of a statue from the yard of...

Vicarious Malpractice Liability

Posted on August 03, 2009
Also from the Ohio Supreme Court web page: ...the Supreme Court of Ohio held that a law firm as an entity does not engage in the practice of law and therefore cannot commit legal malpractice directly. The court also held...

Foreclosure Related Misconduct

Posted on August 03, 2009
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today suspended the law license of Hamilton attorney John T. Willard for one year, with the final six months of that term stayed, for professional misconduct...

No one, to my knowledge, has ever produced Shindler's LONG FORM List

Posted on August 03, 2009
...I'm just saying. What is Liam Neeson trying to hide??? My father, who died two months ago today and will be missed greatly, never talked about World War II. He could not watch Saving Private Ryan. I was aware through...

Lawyer-Juror-Blogger Sanctioned In California

Posted on August 03, 2009
From the California Bar Journal: [An attorney] was suspended for 18 months, stayed, placed on two years of probation with a 45-day actual suspension and was ordered to take the MPRE within one year. The order took effect Jan. 23,...

Judge Admonished

Posted on August 03, 2009
A New York Family Court judge has been admonished for two instances of misconduct. One involved his attempts to force a victim of domestic violence to reveal her shelter address on threat of contempt. The judge became increasingly nasty and...

What's In A Name?

Posted on August 03, 2009
The Louisiana Attorney Disciplinary Board has recommended the permanent disbarment of an attorney found to have engaged in a number of rule viiolations including conversion. The attorney's last name is Tooke. (Mike Frisch)

Taunts Charged

Posted on August 02, 2009
The Illinois Administrator has filed ethics charges against two co-respondents accused of the following course of conduct towards the opposing party in a divorce case: On January 9, 2007, Respondents Muller and Walters filed their appearances on behalf of [the...

Inconsistent Testimony Shows Lack Of Remorse

Posted on July 28, 2009
The New York Appellate Division for the First Judicial Department rejected a proposed one-year suspension and suspended an attorney for three years. The attorney had been convicted of a misdemeanor serious crime involving falsification of business records in the second...

Lien Times

Posted on July 28, 2009
The Massachusetts Supreme Judicial Court decided the following two questions in the affirmative: We consider in the present case, as a matter of first impression, the scope of the Massachusetts attorney's lien statute (lien statute), G.L. c. 221, � 50,...

Charges Filed Against Judges

Posted on July 28, 2009
KTAR.com reports: A magisterial district judge in suburban Philadelphia is accused of reducing a fine her grandson got for underage drinking and screaming at a police officer. The state Judicial Conduct Board made the allegations Monday in a complaint about...

Tax Offense Leads To Suspension

Posted on July 28, 2009
An attorney who had entered a guilty plea to one count of failure to file state income taxes was suspended for 90 days by the South Carolina Supreme Court. The court's reasoning: Respondent admits that by his conduct he has...

I've Got You Under My Skin

Posted on July 27, 2009
A Three-Judge Panel in Virginia accepted and imposed an agreed 30 day suspension for misconduct in the defense of a first-degree murder case. The attorney had endorsed and filed a motion for permission to issue testimonial subpoenas to two attorneys....

Power Of Attorney

Posted on July 27, 2009
A summary of a disciplinary matter from the web page of the Massachusetts Board of Bar Overseers: On January 27, 2009, the respondent pled guilty in the United States District Court for the District of Massachusetts to six felony counts...

Yes And No

Posted on July 27, 2009
The Pennsylvania Supreme Court granted the reinstatement petition of one applicant and denied that of another. The court granted the petition of an attorney who had consented to disbarment in New York as a result of a fraudulent conveyance designed...

Habeas Corpus

Posted on July 24, 2009
A man who was arrested for disturbing the peace in the Gold Strike Casino in Tunica, Mississippi died of apparent suicide while in police custody. His body was held at a local mortuary because the county did not have a...

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