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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

The Future of the Legal Academy - Redux

Posted on August 30, 2010
Posted by Jeff Lipshaw There's been a small outbreak in the blogosphere of the practitioner-professoriat wars, and I think we can trace this instance of virulence to a screed by someone named Bruce Newton dispassionately entitled Preaching What They Don't...

Loose Lips

Posted on August 30, 2010
It's the first day of school at the Georgetown University Law Center and today's topic is the duty of confidentiality. We ethics profs always warn our students about the dangers of gossiping about their client's matters. We call it the...

Some Recent or Classic Books Printed--Some on Legal Profession, Some Not

Posted on August 30, 2010
Posted By Alan Childress Following up on my project, with great authors, of bringing back some good old books that went out of print -- or putting out some new ones, such as Lisa Webley's study of lawyering styles in...

Hello, My Name Is...

Posted on August 27, 2010
The Michigan Attorney Discipline Board increased a hearing panel's 60-day suspension to 120 days. The attorney was convicted of a driving under the influence offense and placed on probation with conditions. Among the condictions was attendance at Alcoholics Anonymous...

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"Blatant Disregard" Draws More Than A Censure

Posted on August 26, 2010
The New York Appellate Division for the Second Judicial Department has disbarred an attorney for misappropriating entrusted funds, rejecting the attorney's (rather unrealistic) request for a public censure: In the instant case, Special Referee Posner noted that the respondent treated...

Dissent Demonstrates That Bar Prosecution Was Unwarranted

Posted on August 26, 2010
The Florida Supreme Court denied rehearing in a bar discipline matter that had sanctioned an attorney for use of the trade name "Legal Experts." Justice Lewis dissented, concluding that the attorney had established that the facts recited in the concurring...

Pro Se Attorney Gets Paid

Posted on August 26, 2010
The Oregon Supreme Court has held that a prevailing pro se attotney in a case seeking disclosure of public records is entitled to reasonable attorney's fees: ...we agree with plaintiff that the term "attorney fees," as used in ORS 192.490(3),...

Until Hell Freezes Over Or Defeated For Reelection

Posted on August 26, 2010
The Wisconsin Supreme Court has reprimanded a former municipal court judge for his reaction to staffing and funding issues in his court: The parties agree that the additional clerk support would have assisted the municipal court in case management and...

Public Defenders And Imputed Disqualification

Posted on August 26, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio?s Board of Commissioners on Grievances & Discipline has issued an advisory opinion addressing two questions that arise from the State Public Defender having a central office...

Pay You Back With Interest

Posted on August 25, 2010
The Wisconsin Supreme Court has accepted the consent disbarment of an attorney who had misappropriated over $2.4 million in subrogated funds collected on behalf of a client over a seven year period. The court's order provides that full restitution must...

No Greater Sanction

Posted on August 25, 2010
The New York Appellate Division for the First Judicial Department imposed reciprocal discipline in a matter involving an attorney who had not registered to practice in New York since 2001. The attorney also is admitted in New Jersey and Florida....

Elvis Has Left the Practice

Posted on August 24, 2010
The Wisconsin Supreme Court denied the reinstatement petition of an attorney whose license was revoked in 2003. The court agreed with the referee that the petitioner had done very little in the way of demonstrating present fitness to practice. For...

More Than 24 Hours A Day

Posted on August 24, 2010
Another disciplinary decision from the web page of the Ohio supreme Court: The license of [a] Toledo attorney...has been suspended for two years, with the second year of that term stayed on conditions, for repeatedly overbilling the Lucas County juvenile...

Former Public Official Suspended For Obscenity Conviction

Posted on August 24, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio today suspended the law license of [an] attorney and former Cuyahoga County Recorder...for two years based on his felony conviction for transportation and importation of obscene...

Santa Claus Judge Resigns

Posted on August 23, 2010
The Atlanta Journal Constitution reports on the recent resignation of a Superior Court judge in the wake of allegations of misconduct toward county employees: According to their statement, the women said that they stopped by the judge's office Aug. 4...

Former AUSA Suspended For Unauthorized Practice, False Certification

Posted on August 20, 2010
More recent discipline from North Carolina: The DHC suspended [a] Greensboro lawyer... for five years. [The attorney] served as an assistant United States attorney for several years while he was administratively suspended. He was administratively suspended because he completed his...

Taking Advantage Of Inexperienced Lawyer Leads To Theft, Disbarment

Posted on August 20, 2010
A bar discipline report from the web page of the North Carolina State Bar; [An attorney] of Mocksville sold half of his office building. He convinced the buyers and the closing lawyer that he was attending a closing that same...

A Dark And Stormi Night In Crete

Posted on August 20, 2010
A district judge has been reprimanded by the Nebraska Supreme Court for conduct deemed prejudicial to the administration of justice. The judge dismissed a traffic case (against a defendant named Stormi Craig)when the police officer failed to appear for trial...

Men Clients Only

Posted on August 20, 2010
A bar discipline case summary from North Carolina sets out an unusual limitation on the attorney's practice: [An attorney] of Fayetteville attempted to have sex with clients and made inappropriate sexual comments to clients. The DHC suspended him for three...

Law Firm Monitoring Fails To Prevent Misconduct

Posted on August 18, 2010
An attorney previously suspended for six months for lying to and presenting fabricated documents to a client has been suspended for eighteen months by the New York Appellate Division for the First Judicial Department. The misconduct was similar to that...

Masturbation Only Self Abuse

Posted on August 17, 2010
Not a legal profession case, but of possible interest is a decision today from the Wyoming Supreme Court that reversed a criminal conviction. the defendant walked into the hospital room of a woman (previously unknown to him) who was recovering...

Convicted And Disbarred

Posted on August 17, 2010
An attorney convicted of rape and other charges has been disbarred by the Massachusetts Supreme Judicial Court. This summary from the Bar's web page describes the criminal case: On October 20, 2005, the respondent was convicted in the Worcester Superior...

Reporting Honors And Lawyer Advertising

Posted on August 17, 2010
The North Dakota Supreme Court has asked for comments on proposed amendments to its rule governing communications concerning the lawyer's services. The proposed additions (which are underscored) deal with comparisons and accolades about the lawyer and are accompanied by the...

Limited Representation Agreement Defeats Legal Malpractice Claim

Posted on August 16, 2010
The Indiana Court of Appeals has held that the defendants in a legal malpractice lawsuit were improperly denied summary judgment. The attorneys and client had entered into a limited representation agreement. the attorneys fulfilled their obligations under the agreement...

Predatory Behavior Results In Disbarment

Posted on August 16, 2010
The South Carolina Supreme Court has rejected a variety of claims and disbarred an attorney for ethical misconduct in two client matters. The court described the violations: This matter involved the aggravated misconduct of an attorney who engaged in egregious,...

Best Laid Plans Result In Disbarment

Posted on August 16, 2010
The Kansas Supreme Court has disbarred a suspended attorney for post-suspension activities that involved the continuing practice of law. The court rejected the contention that the attorney had done "exactly what a suspended attorney is supposed to do...

A Shelter Called Homer

Posted on August 14, 2010
The Louisiana Supreme Court has entered an order of interim suspension of an attorney recently convicted in a tax fraud case. This report from Chicago Breaking Business provides details concerning the criminal case: [The attorney] started selling the tax shelters...

The Value Of Consent Disposition

Posted on August 13, 2010
The value of conditional admissions/consent discipline is displayed by an order for a 90 day suspension entered today by the Nebraska Supreme Court. The charges were fully resolved almost six months to the day after the filing of the charges....

Kvelling*

Posted on August 13, 2010
Posted by Jeff Lipshaw Over the course of a career, I've mentored enough people to be proud when they achieve good things after we've parted company, but I haven't been teaching long enough to get a lot of that yet...

Dred Scott Argument Fails To Move Judge

Posted on August 12, 2010
A Massachusetts attorney was sanctioned with a public reprimand as a result of a conviction for reckless assault and battery. According to this report in the Merrimack Valley Eagle-Tribune (quoted below), the assault took place while the attorney was employed...

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