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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

Gas Not So Much The Problem

Posted on July 05, 2008
Transportation system on the car-free isle of Hydra. Even cuter than the Smart car. Or Jeff's Prius. Admittedly also a hybrid. [Alan Childress]

Jesse Helms, Racism, Manners, Law, and Cognitive Dissonance

Posted on July 05, 2008
Posted by Jeff Lipshaw Jesse Helms, the former North Carolina senator, described by the New York Times as having a "courtly manner and mossy drawl," died. He was also an unrepentant and nasty racist and segregationist with a courtly manner....

A Question Of Timing

Posted on July 05, 2008
An attorney who had been suspended for failing to comply with CLE obligations was later convicted of conspiracy to sell unregistered securities. He did not report the conviction to bar authorities. When the conviction was discovered, he was suspended pending...

Follow Up to Career Advice - In-House Prospects

Posted on July 04, 2008
Orin Kerr graciously linked from the Volokh Conspiracy over here to the litigation versus corporate career post. I want to return the favor by linking back to a set of comments being posted over there. The same over at Above...

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Halverson Saga Continues

Posted on July 04, 2008
The Nevada Supreme Court denied a petition by Judge Elizabeth Halverson to declare unconstitutional a Nevada law that created two year judgeships. The petition contended that a six-year term was required by the state constitution. If the relief sought had...

Declaration of Independence Has Modern Relevance

Posted on July 04, 2008
Michael Froomkin of U. Miami Law does magic with the Declaration of Independence just by using his ability to boldface. I had forgotten what its repeated focus was, and was jarred by the prescient environmental aspects found further along. See...

Not A Taxi Driver

Posted on July 03, 2008
A New Orleans assistant city attorney who had been convicted of computer fraud for accepting $1,000 from an undercover FBI agent posing as a taxi driver was suspended pending further proceedings by the New York Appellate Division for the Third...

"Wedgie" Leads To Shooting Death

Posted on July 03, 2008
The Utah Supreme Court reversed a manslaughter conviction in a case that arose out of a dispute among a group of people using cocaine. The victim teased the defendant for smoking, rather than snorting, the cocaine. Matters got worse when...

Judge Permanently Disbarred

Posted on July 03, 2008
The Ohio Supreme Court permanently disbarred a court of common pleas judge for misconduct both as a judge and in private practice. The misconduct is described on the court's web page as follows: In today?s decision, the Court unanimously affirmed...

Forger Gets the Small Town Blues, and More on the Judge Who Was Mean

Posted on July 03, 2008
Posted by Alan Childress You know your city is really a small town (we're looking at you, Wichita) when the check-forger gets caught because she presented the check to that same Francisca Romero woman whose name was on the check....

Malpractice Verdict Overturned

Posted on July 02, 2008
A client hired a lawyer to pursue a slip-and-fall case against a grocery store. The client had slipped on shampoo. She sued the lawyer for malpractice after the underlying case was dismissed and won a $212,000 damage award. The Court...

Same-Sex Marriage Dissolution In Oklahoma?

Posted on July 02, 2008
It's hard to ignore a marriage dissolution case styled O'Darling v. O'Darling. The parties were "purportedly married" in Canada and one sought dissolution in Oklahoma. However, "[t]he fact that the marriage was between two women was not mentioned at [the]...

Fee Contract Provisions Enforceable Against Sophisticated Client

Posted on July 02, 2008
A contract between lawyer and client that contains a liquidated damages provision in a fixed-fee, fixed term agreement is enforceable under the jurisprudence and ethics rules of Oklahoma, according to a decision issued yesterday by the Oklahoma Supreme Court...

Resignation Moots Judicial Discipline

Posted on July 02, 2008
The New York State Commission on Judicial Conduct has issued a decision in a matter involving the following charges of misconduct by a non-attorney town court justice: Respondent was served by the Commission with a Formal Written Complaint dated March...

No Margin For Error

Posted on July 02, 2008
The Delaware Supreme Court recently issued an order concerning an attorney who was found to have violated a number of disciplinary rules and suspended for one year. The court's order states that any additional disciplinary violation by the attorney over...

Umpire, Not Advocate

Posted on July 02, 2008
A brother and sister were involved in a bitter dispute over their father's estate. The sister obtained a court order that prohibited the brother from contacting her except through her representative. The brother was thereafter charged with criminal contempt of...

Suit Dismissed

Posted on July 01, 2008
The United States Court of Appeals for the First Circuit affirmed a district court decision holding that a suit by a 2000 graduate of Southern New England School of Law against the school and two deans could not survive summary...

Striking Deputy Sheriff Leads To Bar Charges

Posted on July 01, 2008
The Illinois ARDC has filed a complaint alleging that: 1. On November 17, 2006, Respondent, while appearing in court on behalf of Rita Patel, in the matter entitled In re the Marriage of Patel, case number 03 D 330179 in...

Let The Lawyer Beware

Posted on July 01, 2008
Here's a link to an interesting article on the web page of the California Bar Journal about lawyers falling victim to Internet scams. From the article: Internet scammers have found a new and sometimes vulnerable target: American lawyers. And some...

Judicial Temper

Posted on July 01, 2008
A New York family court judge was admonished for rude and sarcastic treatment of litigants in three cases. From the opinion of the Commission on Judicial Conduct: Respondent has acknowledged that in three cases he made rude, intemperate comments to...

Litigation or Transactional Law Career: Some Advice to Law Students

Posted on July 01, 2008
Posted by Jeff Lipshaw A reader who is interning in a NYC corporate law firm, and about to enter law school, saw my earlier post alluding to the creative possibilities in transactional work, and sought advice about choosing between transactional...

Wall Street Partnerships and Public Service, circa 1970

Posted on June 30, 2008
[posted by Bill Henderson] I have been reading Paul Hoffman's 1973 classic, Lions in the Street: The Inside Story of the Great Wall Street Law Firms. Before writing the book, Hoffman was a reporter covering the legal beat for the...

Suspension For Assistant District Attorney

Posted on June 30, 2008
The Georgia Supreme Court accepted a proposed six-month suspension of an assistant district attorney who had assisted his boss, the then-district attorney, in a scheme to obtain funds to which the district attorney was not entitled. The sanctioned lawyer had...

Substantially Related

Posted on June 30, 2008
The New York Court of Appeals ordered disqualification of an attorney retained to defend a police disciplinary action. The attorney had provided legal advice to the complainant in an earlier dispute between the two that the court deemed to be...

No Recount

Posted on June 29, 2008
An Illinois attorney who had pleaded guilty with adjudication withheld to aggravated assault with a deadly weapon without intent to kill in Florida is subject to a hearing panel's recommendation of a one-year suspension with all but 90 days stayed....

A Family Affair

Posted on June 29, 2008
An Illinois hearing board has recommended a two-year suspension of an attorney for misconduct that included aiding in the unauthorized practice of his wife, who had earlier been disbarred. The unauthorized practice involved the representation of a Skokie police sergeant...

"Anybody Else Want To Mess With Me?"

Posted on June 29, 2008
A Kansas district court judge was censured for intemperate and undignified conduct during the voir dire of in a criminal trial. After one potential juror had indicated an unwillingness to believe the testimony of police witnesses, the judge required the...

No Conviction, No Suspension

Posted on June 27, 2008
An order of suspension in Michigan against David Safavian based on his criminal conviction was vacated as a result of the reversal of that conviction by the United States Court of Appeals for the District of Columbia Circuit. Both the...

Family Feud

Posted on June 27, 2008
A two-year suspension was imposed by the Kansas Supreme Court in a matter where the accused attorney was one of five children. During the father's lifetime, disputes among the siblings arose in competing guardianship and conservatorship cases. The attorney was...

No Admission for Graduate Of Unaccredited Law School

Posted on June 27, 2008
The Nebraska Supreme Court held today that a graduate of a law school not approved by the ABA may not seek admission without examination. The applicant had attended Western State University College of Law. and had satified Nebraska's MPRE requirement...

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