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Legal Profession Blog 

Cover legal ethics, bar discipline, business practice, the tension between the bar and the academy, ethical theory, and comparative legal professions.
Post Frequency: 40.8/day Last Entry: April 01, 2011 at 14:56:26 Recent Entries: 3635
By Alan Childress, Mike Frisch, and Jeff Lipshaw
Go to Legal Profession Blog, find other Academic blogs, or browse all law blogs.
The New Villain: The Big, Bad Bank
Posted on February 14, 2009The movie reminder below was sent to us by occasional guest-poster Kelly Lynn Anders, an associate dean at Washburn, whose blurb conjures an image of smoking jacket, pipe, and really bad seduction I had forgotten. Meanwhile, I saw "Taken" last...
"Not Conducting A Baby-Sitting Service"
Posted on February 13, 2009An attorney who had practiced in the area of commercial litigation with Winston & Strawn and Skadden Arps decided to return to his native South Dakota. He took and passed the South Dakota bar exam and was associated with a...
Cautioned
Posted on February 13, 2009An Arkansas attorney was cautioned for noting but not pursuing an appeal on behalf of his clients and failing to respond to discovery requests. The appeal was found to have been for no purpose except delay and to have imposed...
Misconduct Merits More Than Censure
Posted on February 13, 2009An attorney who has practiced for 34 years was suspended for a minimum of three months by the Iowa Supreme Court. The attorney had neglected a personal injury matter, prematurely taken a fee in a probate matter, and made misrepresentations...
Sympathy Disregarded
Posted on February 13, 2009The Oklahoma Supreme Court denied the reinstatement petition of an attorney who had been suspended for two years as a result of his participation in a fraudulent real estate transaction. The injured clients, among others, had testified in opposition to...
Treble Damages For Lawyer Fraud
Posted on February 12, 2009In answering two questions certified by the United States Court of Appeals for the Second Circuit, the New York Court of Appeals held that a lawyer who had filed a suit that accused the opposing parties of fraudulently purchasing a...
It's A Right
Posted on February 12, 2009The Wyoming Supreme Court remanded a criminal case for resentencing based on concerns that the judge had penalized the defendant for exercising his right to a jury trial. The basis of the concern was the following statement:I know that generally...
A Family Matter
Posted on February 12, 2009The Minnesota Supreme Court ordered the disbarment of an attorney who had engaged in a pattern of misrepresentations, misappropriation, conflicts of interest and the creation of false documents. The court termed the case "unusual" as it had previously ordered the...
Breach Of Confidentiality Charged
Posted on February 12, 2009The Illinois ARDC has filed charges alleging that an attorney had misused confidential information learned during the course of representating a client. The lawyer and client allegedly were involved in an intimate relationship. The lawyer represented the client in claims...
Suspension For Defrauding Client
Posted on February 12, 2009The web page of the Ohio Supreme Court reports:The law license of Waverly attorney Sherry D. Davis has been suspended by the Supreme Court of Ohio for two years, with the second year of that term stayed on conditions. The...
Fines on Teaching Empathy as a Lawyering Skill in Ethics Classes
Posted on February 11, 2009Posted by Alan Childress Barbara Glesner Fines (UMKC) has posted to SSRN her article, Teaching Empathy Through Simulation Exercises - A Guide and Sample Problem Set. Her abstract is: For over a decade, legal educators (particularly clinical faculty) have argued...
Stipulated Sanction Questioned
Posted on February 11, 2009In a bar discipline case involving allegations of improper closing argument by defense counsel, the Arizona Disciplinary Commission imposed the agreed-upon discipline of censure, one year of probation and three hours of CLE in the area of criminal law...
No Accounting, No Violation
Posted on February 11, 2009The Louisiana Attorney Disciplinary Board, with two attorney and one lay member dissenting, concluded that an attorney had not violated any ethics rules in the representation of a client on cocaine charges. The board majority held attorney did not violate...
New Enron Corporate Fiasco Reader Available
Posted on February 10, 2009Posted by Jeff Lipshaw The Foundation Press compilation, Enron and Other Corporate Fiascos: The Corporate Scandal Reader, 2d Edition , edited by Nancy Rapoport (UNLV), Jeffrey Van Niel, and Bala Dharan (Rice) is now in print. I'm pleased to say...
Liens Not Unethical
Posted on February 10, 2009The Arizona Disciplinary Commission has, in my view correctly, affirmed the proposed dismissal of ethics charges against an attorney who had accepted liens to secure the payment of fees in divorce cases. The commission found that the liens were authorized...
A Question Of Material Fact Precludes Summary Judgment
Posted on February 10, 2009The Delaware Supreme Court reversed an order granting summary judgment to a law firm in a professional malpractice action on statute of limitation grounds, concluding that there was a question of fact as to when the client was on inquiry...
Bar Prosecutor Disciplined
Posted on February 10, 2009The South Carolina Supreme Court ordered a two-year suspension of an attorney employed as a disciplinary counsel who had been charged with solicitation and impersonating a law enforcement officer:On or about November 2, 2006, respondent was arrested in Richland County...
A Serious Problem
Posted on February 10, 2009An attorney who had been arrested for cocaine possession was suspended for nine months by the South Carolina Supreme court. The attorney acknowledged an ongoing problem with substance abuse:On or about December 8, 2007, the Mount Pleasant Police Department arrested...
And The Winner Is Not...
Posted on February 09, 2009A recent opinion from the Massachusetts Committee on Judicial Ethics deals with the propriety of a judge receiving an award or other recognition from an organization that has members who may appear before the judge: Public confidence in a justice...
Rights Of Grand Jury Target
Posted on February 09, 2009The New Mexico Supreme Court has held that a grand jury target is entitled to a procedural remedy when the prosecuting attorney declines to present potentially exculpatory evidence to the grand jury that is considering an indictment:In light of the...
Failure To Withdraw
Posted on February 09, 2009An Illinois hearing board has recommended a three-month suspension of an attorney who failed to withdraw from two matters in circumstances where the cases were ongoing and the clients were relying on the attorney to continue to represent them. In...
IOLTA Notice
Posted on February 09, 2009The web page of the Illinois ARDC has a notice regarding FDIC coverage of IOLTA and low-interest trust accounts:In a nutshell: The FDIC is now offering unlimited deposit insurance coverage for all IOLTA accounts and any NOW accounts with interest...
Car Trouble
Posted on February 08, 2009From the California Bar Journal:[An attorney] was suspended for two years, stayed, placed on three years of probation with an actual 18-month suspension and was ordered to prove his rehabilitation, take the MPRE and comply with rule 9.20. The order...
The CEO Feedback Loop and Corporate Governance
Posted on February 08, 2009Posted by Jeff Lipshaw Once again, I marvel at the lessons available to us from John Thain's odyssey through Merrill Lynch. (I guess I'll be off his Christmas Card list. Oh well.) Today's discussion in the New York Times business...
Sully (Hero) and Andy (Goat) and the Silliness of Sufficient Reason
Posted on February 07, 2009Posted by Jeff Lipshaw To quote the Stanford Encyclopedia of Philosophy entry on Leibniz, the principle of sufficient reason is "that the claim that nothing takes place without a sufficient reason means that nothing happens in such a way that...
Stalking Conviction, Probation Violation Draws Suspension
Posted on February 06, 2009The Louisiana Supreme Court imposed a suspension of one year and one day of an attorney who was convicted of misdemeanors offenses of making threatening telephone calls and stalking. The attorney had violated the probation that was ordered as a...
Charging Lien
Posted on February 06, 2009The West Virginia Supreme Court of Appeals reversed and remanded a determination to disallow the assertion of a charging lien by an attorney who had been discharged in a personal injury case. The course of representation had a convoluted history...
Failed Probation
Posted on February 06, 2009An attorney who had been privately admonished and placed on probation for two years last October was immediately suspended by the Delaware Supreme Court. The attorney had failed to respond to an order to show cause as a result of...
"White folks don?t praise you unless you?re a damn fool." Mississippi Judge Booted For Comments in Re-election
Posted on February 05, 2009Similar in context to the suspension Mike yesterday reported from Louisiana involving a lawyer's racist comments, comes an opinion issued today by the Mississippi Supreme Court [found via Download 3z4251x5.pdf.] This one involves a judge and a much more severe...
Bankruptcy Conflict Leads To Suspension
Posted on February 05, 2009From a discipline case decided by the Oregon Supreme Court:In this lawyer disciplinary matter, the Bar charged the accused with ethical violations in two separate matters. In the first matter, the Bar charged that the accused violated conflict of interest...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...

Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...








