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Academic

Legal Profession Blog 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

Recent Entries: 3635

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Suspension Results From Dispute With Siblings

Posted on March 27, 2009
A family dispute over the guardianship of a lawyer's mother has resulted in a suspension of three months followed by one year probation by the Nebraska Supreme Court. The attorney had opposed the appointment of a guardian and, after her...


"Shocking Disregard"

Posted on March 27, 2009
The New York Appellate Division for the First Judicial Department ordered the interim suspension for an attorney who had failed to cooperate with an investigation into two complaints alleging possible misuse of entrusted funds: The Committee's motion for an interim...


Monitored Rather Than Revoked

Posted on March 27, 2009
An Illinois hearing board concluded that a lawyer's license should be "monitored rather than revoked" in a case where the attorney had diverted to himself over $30,000 in fees, half of which were due to his firm. The lawyer was...


Lawyer Spare That Tree

Posted on March 26, 2009
In a collateral attack on convictions for second degree murder, the defendant claimed that his trial counsel had been ineffective for his failure to attempt to retrieve the death-causing bullet from a tree at the crime scene. Counsel did not...


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Clerk May Work For Auto Dealership

Posted on March 26, 2009
Subject to certain conditions, a clerk-magistrate may also work at an automoblie dealership, according to a recent ethics opinion of the Massachusetts Committee on Ethical Opinions for Clerks: In your letter of December 23, 2008, you request an opinion of...


DA Disbarred

Posted on March 26, 2009
The Tennessee Supreme Court disbarred the elected district attorney of the 13th Judicial District who had "knowingly misused and abused his position with the intent to obtain a significant benefit for another, and caused serious injury to the integrity of...


Short Suspension For Abhorrent Actions

Posted on March 26, 2009
A 30 day suspension of an attorney was imposed by the District of Columbia Court of Appeals in a case where neither the attorney or Bar Counsel had filed an exception to that period of suspension, which had been recommended...


More Misconduct

Posted on March 26, 2009
What happens when a lawyer is suspended from practice during an ongoing client representation? The wrong thing, according to an order of a further suspension by the Pennsylvania Supreme Court. The attorney had undertaken a driving while intoxicated case...


An Invitation From The Center For The Study Of the Legal Profession At Georgetown

Posted on March 26, 2009
The Center for the Study of the Legal Profession at Georgetown Law cordially invites you to attend the inaugural Lecture on the Legal Profession delivered by Theodore Schneyer, Milton O. Riepe Professor of Law, University of Arizona, speaking on the....


Delaware Supreme Court Decision in Ryan v. Lyondell

Posted on March 26, 2009
Posted by Jeff Lipshaw Courtesy of Steve Davidoff, we've learned that the Delaware Supreme Court has just issued its opinion, reversing the Chancery Court's troubling denial of summary judgment (under §102(b)(7) of the Delaware General Corporation Law) in Ryan v...


It Sure Doesn't Taste Like Tomato Juice

Posted on March 25, 2009
Not a legal profession case, but perhaps of interest is a recent decision of the Vermont Supreme Court, holding that putting prison inmates on a Nutraloaf diet constitutes punishment and obligates the state to accord the protections of due process....


Schlag and Posner on the Legal Academy (Georgetown Law Journal)

Posted on March 25, 2009
Posted by Jeff Lipshaw I know there are a lot of practitioners who read this blog for Mike Frisch's seemingly endless supply of lawyers behaving badly, and whose eyes glaze over when "Posted by Jeff Lipshaw" appears in the RSS...


Your Face Is Familiar

Posted on March 25, 2009
During the course of a divorce proceeding, the wife sought an order of protection from alleged abuse on the part of the husband. A hearing was scheduled and husband's attorney sought a continuance due to a previously-scheduled court appearence. The...


Work Product

Posted on March 25, 2009
When an employee of the YMCA was accused of improper touching of minors, the Y's general counsel recommended that its Board hire an outside entity to make proposals regarding policies and procedures in light of the allegations. The board followed...


Reasonableness Remand

Posted on March 25, 2009
The New Jersey Appellate Division remanded a matter for a proper determination of whether the fees awardrd to class action counsel were reasonable. The underlying class claims had been brought by doctors who had rendered services to patient-members of the...


Lost Will, Lost License

Posted on March 25, 2009
From the web page of the Ohio Supreme Court: The license of Cincinnati attorney Darrell Brown has been indefinitely suspended by the Supreme Court of Ohio for misappropriating client funds entrusted to him, failing to administer a decedent?s estate after...


Almost Suspended

Posted on March 25, 2009
The Wisconsin Supreme Court publicly reprimanded an attorney for "failing to comply with an opposing party's discovery request and with court orders to provide discovery, and in making misrepresentations to the court that he had complied." The misconduct had taken...


Harboring Alien Leads To Reprimand

Posted on March 24, 2009
The New York Appellate Division for the First Judicial Department imposed a reprimand as reciprocal discipline based on a Connecticut reprimand. The attorney had been convicted of the federal criminal offense of harboring an alien, who had served as a...


Reinstatement Denied in Light Of Restitution Issues

Posted on March 24, 2009
The Wisconsin Supreme Court denied the petition for reinstatement of a former attorney who had been appointed to represent Milwaukee Cheese and Sheboygan Sausage in a Chapter 11 bankruptcy proceeding. He embezzled over $550,000 of entrusted funds to support his...


Failure To Supervise

Posted on March 24, 2009
The United States Court of Appeals for the District of Columbia Circuit today affirmed a verdict against Allen Iverson for injuries caused when his bodyguard attacked the plaintiff in a brawl that had erupted at Eyebar, a Washington, D.C. nightclub.....


Not Ineffective Assistance

Posted on March 24, 2009
The United States Supreme Court reversed and remanded a finding of ineffective assistance of counsel by the Ninth Circuit. Writing for the court, Justice Thomas concluded that that the defendant had not only failed to establish that the state court's...


Where There's a Will There's No Way

Posted on March 24, 2009
A lawyer who negligently fails to draft a will for a client is not liable for legal malpractice based on claims made by the intended beneficiaries of the estate, according to a decision of the South Carolina Supreme Court. The...


The Benefits Of Reporting Yourself

Posted on March 24, 2009
The South Carolina Supreme Court reprimanded an attorney who had self-reported to the Office of Disciplinary Counsel his participation in a series of what uurned out to be shady real estate transactions on behalf of clients. The key facts: Respondent...


Privilege to Vent Frustration

Posted on March 23, 2009
The Massachusetts Supreme Judicial Court addressed the application of attorney-client privilege law when a client make threats in a case decided today: This case requires us to decide whether the attorney-client privilege applies where a client leaves messages on his...


Enjoining Bar Prosecution

Posted on March 23, 2009
The North Carolina Supreme Court remanded a case where an attorney had sued the North Carolina State Bar on a theory that it had acted vindictively in filed sequential actions against him. He had brought a section 1983 action and...


Bad Treatment

Posted on March 23, 2009
The Tennessee Court of Criminal Appeals held that a criminal defendant who had pleaded guilty to a number of charges including impersonating a medical doctor was not entitled to any relief from the sentence imposed by the trial court. The...


No Civil Claim Based On Tough Deposition Questioning

Posted on March 22, 2009
The New Jersey Appellate Division affirmed the dismissal of a lawsuit brought against an attorney and her law firm by the opposing parties in litigation based on allegations of deposition misconduct. The clients' child had been born with medical problems...


One Angry Man

Posted on March 22, 2009
The California State Bar Court Review Department has recommended the disbarment of an attorney who as a trial juror had engineered the conclusion of a medical negligence trial in order to break a deadlock and return to his law practice....


Disbarred Lawyer Sanctioned For Unauthorized Practice

Posted on March 20, 2009
The Ohio Supreme Court web page reports a significant sanction for unauthorized practice of law: The Supreme Court of Ohio ruled today that Bruce Andrew Brown of Cleveland engaged in the unauthorized practice of law in his dealings with five...


Fire Leads To Conviction, Revocation

Posted on March 20, 2009
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today permanently revoked the law license of former Fairfield County Municipal Court Judge Don S. McAuliffe for multiple violations of the Code of Professional Responsibility and....


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