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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

Trust Account Misuse And Other Misconduct Merits Suspension

Posted on September 04, 2008
An attorney was indefinitely suspended for at least one year by the Minnesota Supreme Court for misconduct that included a conflict of interest and misuse of his client trust account to shield his assets from the Internal Revenue Service. The...

Too Late To Sue

Posted on September 04, 2008
The District of Columbia Court of Appeals affirmed the dismissal of a legal malpractice action, concluding that the suit was initiated well after the three-year statute of limitations had expired. The lawyer had filed suit in federal court alleging denial...

Appearance of Impropriety

Posted on September 04, 2008
The New York Commission on Judicial Discipline accepted the resignation of a town court justicein the face of charges (linked to the page of the commission's report) of presiding in a number of matters despite a personal connection to a...

Well Over The Line

Posted on September 03, 2008
Also from the September 2008 online edition of the California Bar Journal: In [a] drunk driving case, Kopp represented a defendant, Christopher Jauregui, who was on probation in a felony robbery case. Jauregui was arrested for driving under the influence,...

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Resignation Revoked, Disbarment Imposed

Posted on September 03, 2008
The California Bar Journal reports that a lawyer who had resigned with no charges pending was summarily disbarred when he pled guilty to a crime shortly thereafter: In May 2002, Galaz resigned from the State Bar with no charges pending....

Conversion Charge Sustained

Posted on September 03, 2008
The Illinois Review Board overturned a hearing panel's recommendation to dismiss all charges against a former Jenner & Block lawyer who later left active law practice to become an agent for athletes, writers and directors. The board concluded that the...

Duty To Supervise

Posted on September 03, 2008
The Maryland Court of Appeals has indefinitely suspended the two managing partners of a Pennsylvania based law firm for failing to supervise a junior attorney assigned to an overwhelming number of cases involving automoblie warranty and "lemon law" issues...

If Yale is #1 in U.S. News, Is It the Best Law School?

Posted on September 02, 2008
[by Bill Henderson, crossposted to ELS Blog] In a provocative post entitled "Is the End Near for Yale's Dominance", Brian Leiter reports one insider's assessment that Yale may lose three or four additional faculty members. If that happens, surely Harvard,...

All's Well That Ends

Posted on September 02, 2008
Last October, I posted (and criticized) a decision of the D.C. Court of Appeals that had remanded to the Board on Professional Responsibility a disbarment recommendation based on the disbarment of the lawyer in Maryland. I felt that the court...

Statute Of Repose

Posted on September 02, 2008
The North Carolina Court of Appeal today held that a claim of legal malpractice was barred by the statute of repose against a lawyer who had dismissed his client's accident claim and concealed the dismisal through a series of false...

Insider Trading On Client Confidences Charged

Posted on September 02, 2008
The Illinois ARDC has filed a complaint alleging that an attorney had received confidential information from a client of his law firm, used that information to purchase stock and made false statements to conceal the conduct. The complaint alleges: 7....

Admittedly This Never Happened To Me

Posted on August 30, 2008
Could not resist -- the joke ipsa loquitur and is quite a coincidence. Apologies to coeditors for posting commentary, but seriously it is perfect except for the mustache and hat. [Alan Childress]

Links to Maps and Storm Trackers for Gustav and Hanna

Posted on August 30, 2008
Posted by Alan Childress So far I have found some useful links for storm information and various storm tracking tools and maps. Such trackers include 5-day models, computer models, interactive maps, and blogs. News stories are at Nola.com which is...

An Empty Threat?

Posted on August 29, 2008
The Florida Supreme Court issued an opinion yesterday that upheld a criminal conviction but remanded the case to a new judge for sentencing. The defendant was charged with a number of violent offenses. His lawyer moved to withdraw prior to...

In Search Of The Perfect Lawn

Posted on August 29, 2008
Another interesting bar discipline decision of the Pennsylvania Supreme Court deals with the impact of mental health issues in determining an appropriate sanction. The attorney had submitted 34 false travel vouchers to his law firm, obtaining slightly under $70,000...

Heavier Discipline Imposed

Posted on August 29, 2008
The Pennsylvania Supreme Court rejected the recommendation of its Disciplinary Board for a year and a day suspension and imposed a three-year suspension in a case involving misconduct both related to and outside the practice of law. Both the proposed...

To Teach, To Judge

Posted on August 29, 2008
A judicial ethics opinion from the State of Washington Judicial Ethics Advisory Committee considers the ethical implications when a judicial officer teaches a class at a sports club outside of work hours (ok if not undignified) and teaching a law...

Death, Taxes And The Liability That Survives

Posted on August 29, 2008
The Kansas Court of Appeals issued an interesting opinion today concerning issues relating to attorney liability to the estate of a deceased client. The client had retained counsel to draft a living trust. After the client died, nearly half of...

Premature Claim Of Conflict

Posted on August 29, 2008
The North Dakota Supreme Court affirmed the convictions of a husband and wife for the exploitation of the wife's vulnerable parents. The court rejected a claim of error based the admission of videotaped statements of both parents when they were...

Reprimanded And Cautioned

Posted on August 29, 2008
An Arkansas attorney was reprimanded and cautioned (both in the same order) for misconduct in connection with a divorce (the reprimand) and an untimely response to the bar investigation (the caution). The putative client never met with the lawyer; she...

Do You Have A Place To Stay for Evacuated Students From Tulane, Loyola, Dillard & Xavier?

Posted on August 28, 2008
Posted by Alan Childress Plus UNO, SUNO, and even the University of Phoenix I guess. Tulane, Loyola, and Xavier have already announced closing today or noon tomorrow, with likely resumption of classes on Thursday Sept 4. So if you are...

Computer Fraud Conviction Leads To Reciprocal Disbarment

Posted on August 28, 2008
The New York Appellate Division for the Third Judicial Department imposed reciprocal disbarment based on the permanent disbarment of the attorney in Louisiana. The attorney had been found to have engaged in a number of acts of misconduct, but the...

Interview Notes Not Subject To Grand Jury Subpoena

Posted on August 28, 2008
The Supreme Court of Missouri recently issued an opinion regarding a grand jury subpoena for the transcript of a witness interview conducted by a criminal defense attorney of his client's son. The court held as follows: Overview: A grand jury...

Indirect Thank You Notes Not Improper

Posted on August 28, 2008
The Louisiana Supreme Court recently issued amendments to its Code of Judicial Conduct and the commentary to the code. The code revision deals with the retention of usused contributions. The commentary addition deals with the issue of "thank you" notes...

Facebook Meets Martindale-Hubbell

Posted on August 27, 2008
Meredith Miller (Touro) has a neat website called The Slippery Slope, and she let us know that she has posted a podcast with Mark Britton, the CEO of a startup company called Avvo that assists consumers in selecting lawyers. Kind...

Dotted Lines Do Not Make Me Feel So Comfy

Posted on August 27, 2008
Even though I know the dotted line is not an actual projection but simply represents a collection of other lines from models all over the place--an average--I do feel like taking a holiday trip for the long weekend. Hopefully it...

Resignation Rescinded

Posted on August 27, 2008
The New York State Commission on Judicial Conduct recently issued a press release concerning a village court judge who had agreed to resign but then apparently had buyer's remorse and rescinded the resignation. The commission's decision accepting the resignation, with...

Is Asset-Transfer to Jenkens & Gilchrist Law Firm a Non-Refundable Retainer?

Posted on August 27, 2008
Posted by Alan Childress Although the case wound up being more about procedure than the underlying matter of receiving an asset from a client and how that is characterized, this Fifth Circuit decision released yesterday may involve substantive and fiduciary...

Lawyer/Longshoreman Indefinitely Suspended

Posted on August 27, 2008
A rather interesting and unusual bar discipline case is summarized on the web page of Massachusetts Bar Counsel: The respondent was a longshoreman, and he was also a practicing attorney admitted to the practice of law in the Commonwealth on...

Bribery Conviction Leads To Ethics Charges

Posted on August 27, 2008
The Illinois ARDC has filed a complaint alleging ethics violations in a case arising out of the attorney's federal bribery conviction. The complaint alleges: Respondent represented individuals and entities in matters relating to the Illinois Department of Revenue (hereinafter "Department")...

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