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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

Making An Adjustment

Posted on December 17, 2010
The New Jersey Appellate Division has affirmed the dismissal of criminal charges of criminal sexual contact arising out of the defendant's masturbation in view of another adult. according to the court ...a person's touching of his own intimate parts within...

Dancing To Disbarment

Posted on December 17, 2010
The New York Appellate Division for the First Judicial Department has disbarred an attorney for conduct that led to a criminal conviction as described below: On March 23, 2010, respondent pleaded guilty to promoting prostitution in the third degree (Penal...

New Ohio Pro Hac Rules

Posted on December 17, 2010
The web page of the Ohio Supreme Court reports: The New Year will result in some significant changes for out-of-state attorneys who want to appear temporarily in a proceeding in Ohio (pro hac vice). The Supreme Court of Ohio adopted...

Let My Justice Go

Posted on December 17, 2010
The New York State Commission on Judicial Conduct has terminated proceedings in light of the resignation of a non-attorney town court justice. According to the commission's press release, the justice had (among other things) commended a litigant for making a...

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Dissolution

Posted on December 16, 2010
The Colorado Presiding Disciplinary Judge recently approved a 90 day stayed suspension and probation in a matter in which the attorney had his non-attorney assistant file a co-petition for marriage dissolution from his own spouse. The assistant was directed to...

Payment Optional For Florida Lawyers Seeking Reinstatement

Posted on December 16, 2010
The Florida Supreme Court has approved a number of changes to rules for admission to the Bar. Justice Lewis concurred and dissented in part. The dissent involves what the justice characterized as a "standardless window for readmission...of wayward lawyers who...

Not Enough To Object

Posted on December 16, 2010
In an accident case involving an injured motorcyclist, the defendant City of Tampa made a number of objections at trial concerning the behavior of the plaintiff's attorney. The objections were sustained. After a verdict for the plaintiff, the City sought...

Godsoe on Ethically Representing Children and Parents

Posted on December 15, 2010
Cynthia Godsoe (Brooklyn Law School) posted to SSRN an article that will appear in the Georgetown Journal of Legal Ethics this spring. It is All in the Family: Towards a New Representational Model for Parents and Children. Its abstract: The...

While Away On A Cruise...

Posted on December 15, 2010
A Louisiana hearing committee has recommended dismissal of charges that an attorney failed to safeguard entrusted property. The attorney was retained to defend criminal charges and was given property of the alleged victim. The property consisted of ten consecutively numbered...

Jurisdiction Retained

Posted on December 15, 2010
The Louisiana Attorney Disciplinary Board has recommended the permanent disbarment of an already disbarred attorney for engaging in unauthorized practice after entry of the order of disbarment. The board rejected the assertion that the disciplinary system lacked jurisdiction to impose...

Writ Of Mandamus

Posted on December 15, 2010
The Ohio Supreme Court has decided a case involving a discovery dispute in a medical discipline matter. According to the court's web page: The Supreme Court of Ohio today partially granted and partially denied a writ of mandamus directing the...

Tales Out Of School

Posted on December 14, 2010
The Colorado Presiding Disciplinary Judge approved a conditional admission of misconduct and imposed an 18 month suspension with all but nine months stayed on completion of two yearts probation. The attorney and co-counsel represented a client charged with stealing $1...

More than 50 Violations Draws Permanent Disbarment

Posted on December 14, 2010
From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today permanently revoked the law license of [an] attorney...for multiple violations of the Code of Professional Responsibility and Rules of Professional Conduct. In a 7-0 per...

A Different Approach

Posted on December 13, 2010
We just reported the Georgia Supreme Court's rejection of a proposed three-month suspension. A similar case in North Carolina drew a more lenient sanction. According to the State Bar web page: [An attorney]of Murphy was censured by the Grievance Committee...

Insufficient Discipline

Posted on December 13, 2010
The Georgia Supreme Court rejected a petition for voluntary discipline of a three-month suspension in a matter where the attorney paid a non-lawyer a percentage of fees. When the non-lawyer was under investigation for unauthorized practice, the attorney made false...

Duty To Cooperate

Posted on December 11, 2010
The web page of the Pennsylvania Disciplinary Board reports that a rule change is under consideration that would mandate attorney cooperation with a bar investigation at an earlier stage than under existing rules, which only require cooperation after charges are...

Ex-Governor Suspended, Faces Bar Complaint

Posted on December 10, 2010
Former North Carolina Governor Michael Easley has consented to the entry of an order of interim suspension. He recently tendered a plea of guilty to one count of certifying a false campaign report, a felony. The order provides that the...

Rue The Day

Posted on December 10, 2010
The web page of the California State Bar has a disbarment story with a Hollywood connection: A Los Angeles attorney who represented a client who tangled with ?Golden Girls? star Rue McClanahan in ?contentious and acrimonious? litigation was disbarred...

High Volume, Soft Tissue

Posted on December 10, 2010
The New York Appellate Division for the First Judicial Department has imposed a relatively light two-month suspension in a case involving a conviction of a misdemeanor serious crime. The court described the facts: In 1998, respondent began what became a...

The Greater Fear

Posted on December 09, 2010
The web page of the North Carolina State Bar reports on recent discipline: [An attorney] of Raleigh forged his wife's signature and affixed a false jurat to a deed of trust securing a loan he obtained to pay delinquent taxes....

Prison Rather Than State Bar Presidency

Posted on December 09, 2010
The Minnesota Supreme Court disbarred an attorney convicted of first degree sexual assault. The StarTribune.com reports: [The attorney], 47, was a civil lawyer for the downtown Minneapolis firm Gray Plant Mooty and was in line to become president of the...

Beyond Comprehension

Posted on December 09, 2010
The Oklahoma Supreme Court has refused to accept a resignation by letter and referred for disciplinary proceedings a criminal conviction for sexual exploitation of a child. The attorney was suspended pending further proceedings. The Army Times reported the attorney's arrest...

No Place Like Home

Posted on December 09, 2010
An Illinois Hearing Board has recommended a one year suspension of an attorney for her dealings with her stepfather after the death of her mother. The attorney had a 50% interest in the marital residence subject to the life estate...

No Moral Turpitude

Posted on December 09, 2010
In a victory for common sense and negotiated sanctions, the District of Columbia Court of Appeals held that a criminal conviction may be the subject of an agreed disposition after the court has referred the conviction for a moral turpitude...

The Price Of Patronizing

Posted on December 08, 2010
The Indiana Supreme Court approved a conditional agreement for discipline and imposed a public reprimand of an attorney. The attorney had been charged with patronizing a prostitute, a class A misdemeanor. An agreement was reached in the criminal case to...

Lawyers, Guns And Marijuana

Posted on December 08, 2010
The Pennsylvania Supreme Court accepted the resignation of an attorney and disbarred him on consent. The attorney had entered a guilty plea in the Eastern District of Pennsylvania to federal charges of possession of a machinegun and manufacturing marijuana...

From "Debt Relief" To Bar Charges

Posted on December 08, 2010
The Illinois Administrator has filed a complaint alleging misconduct on the part of an attorney involved in a national debt relief practice. The charges arise from the following alleged facts: 1. Between 2005 and 2010, Respondent and Philip Manger, an...

Confidentiality Violation Draws Suspension

Posted on November 24, 2010
The Colorado Presiding Disciplinary Judge has accepted an agreed disposition and imposed an eighteen-month suspension with all but nine months stayed and probation for two years for a breach of confidentiality in the representation of a criminal defendant: Respondent and...

"The Not Always Clear Line..."

Posted on November 24, 2010
A majority of the Illinois Review Board has rejected some findings and a proposed suspension of a Hearing Board and has recommended a public censure of an attorney for misconduct in connection with the designation of medical experts in civil...

"Errant Balls"

Posted on November 24, 2010
The New Hampshire Supreme Court affirmed the dismissal of a negligence action against a golf course brought by a golfer who had been seriously injured when a ball he hit struck a yardage marker approximately 17-20 yards in front of...

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