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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

Six Sigma at Seyfarth Shaw

Posted on April 14, 2010
[posted by Bill Henderson] Here is a link to a very interesting American Lawyer video interview of Seyfarth Shaw Managing Partner J. Stephen Poor on his firm's adoption of Six Sigma methodology, Many things in the interview are noteworthy: Seyfarth...

Elevators and Artichokes: The Basic Errors in Law School Term Paper Writing

Posted on April 14, 2010
Posted by Jeff Lipshaw I have just gone through a difficult session reviewing a student's "directed study" term paper. It was odd to hear a statement to the effect that "I was a good writer before I got to law...

Your tax dollars at work

Posted on April 14, 2010
In which I finally join the Luddite Party despite our destiny to lose elections because of the unwillingness to employ "new media" methods. Twitter's Entire Archive Headed to the Library of Congress, or Library of Congress to House Entire Twitter...

Advice From National Organization Covered By Privilege

Posted on April 13, 2010
The South Carolina Supreme Court agreed with the state Attorney General's claims of privilege with respect to advice received from the National Association of Attorneys General and reversed an order complelling disclosure. The facts: In 1998, South Carolina was one...

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Blank Checks

Posted on April 13, 2010
A Louisiana Hearing Committee has recommended a three-year suspension, retroactive to a previously-ordered interim suspension, in a matter tried on primarily on stipulated facts. In one matter, the attorney's (now former) secretary "was kind enough to provide ODC with a...

Fee Shifting For Pro Bono Services

Posted on April 13, 2010
The Maryland Court of Appeals affirmed a trial judge's order that a husband pay his wife's attorney's fees in a case involving custody, visitation and child support for the couple's minor children. The wife's submissions documented legal work on her....

"The Only Appropriate Sanction"

Posted on April 13, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio today permanently revoked the license of [an] attorney... for engaging in multiple acts of professional misconduct in his dealings with five different clients. That misconduct included...

Convicted Prosecutor Sanctioned

Posted on April 13, 2010
A bar discipline case is summarized on the web page of the Idaho State Bar:On December 29, 2009, the Idaho Supreme Court issued a Disciplinary Order suspending [an attorney] from the practice of law for eleven months, with all but...

Consultant Documents Are Privileged

Posted on April 12, 2010
The New York Appellate Division for the First Judicial Department held that a trial court had properly found that documents prepared by a consultant who had been working with counsel since the inception of litigation were protected by privilege: Defendants...

Enough Evidence To Avoid Disbarment

Posted on April 12, 2010
The Pennsylvania Supreme Court agreed with its Disciplinary Board that an attorney had engaged in multiple acts of misappropriation over a four-year period and repeatedly lied to Disciplinary Counsel. However, the court rejected the board's proposed five-year suspension and suspended...

Breaking News

Posted on April 12, 2010
The Connecticut Supreme Court has affirmed the denial of a new trial in the conviction of Michael Skakel for the murder of Martha Moxley. There are concurring and dissenting opinions. (Mike Frisch)

Two Dissents

Posted on April 12, 2010
An attorney who had negligently failed to supervise an embezzling paralegal was suspended for a period of one year and a day, all suspended in favor of a two-year term of unsupervised probation, by order of the Louisiana Supreme Court....

Only the Pigs...

Posted on April 12, 2010
The Supreme Judicial Court of Maine has found that an attorney engaged in misconduct and directed the parties to set forth their positions on sanction in light of their conclusions. The attorney represented a client in a family matter in...

Riding In Cars With Signs

Posted on April 12, 2010
May a judge's spouse actively participate in the political campaign of a family member? Yes, according to a recent opinion of the South Carolina Advisory Committee on Judicial Standards: The brother-in-law of a part-time municipal judge is running for an...

Judge Need Not Recuse

Posted on April 12, 2010
The South Carolina Advisory Commitee on Standards of Judicial Conduct opines that a judge need not recuse in the following circumstances: A retired, active circuit court judge has inquired as to whether or not the judge must recuse himself or...

Misuse Of Client Information Leads to Conviction, Disbarment

Posted on April 09, 2010
A summary of a disciplinary case from the web page of the Massachusetts Board of Bar Overseers: The respondent was convicted by a jury on March 5, 2008, in the 22nd Judicial Circuit Court of Michigan of three counts of...

"Case-Within-A-Case" Doctrine Applied To Legal Malpractice Actions

Posted on April 09, 2010
The Maryland Court of Appeals has held that the "trial-within-a-trial" doctrine is appropriate in legal malpractice actions where the underlying matter has already been litigated." Further, the law firm/defendant "is not limited to the defenses actually raised by his client's...

Hold The Phone

Posted on April 08, 2010
The New York Appellate Division for the First Judicial Department reversed an order directing that a deposition of a representative of Verizon be conducted in California: Respondent, a publicly traded corporation, with over 600 employees, has failed to meet its...

Death Be Not Disclosed

Posted on April 08, 2010
The Minnesota Supreme Court has imposed an indefinite suspension with no right to apply for reinstatement for at least 12 months in a case where the attorney failed to advise opposing counsel that his client had died prior to reaching...

Neither Doctor Or Lawyer

Posted on April 08, 2010
The web page of the Ohio Supreme Court reports: The Supreme Court of Ohio today indefinitely suspended the license of [a] Youngstown attorney...based on conduct that resulted in his convictions on 98 felony counts that included aggravated trafficking in drugs,...

Former Judge Disbarred On Consent

Posted on April 08, 2010
The Delaware Supreme Court has accepted the consent disbarment of a former judge. According to this report in DelMarVaNow.com, the former court of common pleas judge had admitted to the sexual abuse of an 11 year old child over 30...

Elvis Impersonation Draws Reprimands

Posted on April 08, 2010
A stipulated reprimand was administered to two Illinois attorneys for their behavior after a court proceeding had adjourned. The Hearing Board described the agreed facts: On February 5, 2007 and February 9, 2007, the Honorable David Delgado conducted a hearing...

Former Bar General Counsel Sanctioned

Posted on April 07, 2010
The Oklahoma Supreme Court has issued a public reprimand of the former general counsel to the Oklahoma State Bar. while serving as general counsel, the attorney was involved in an incident that led to a Alford plea to a charge...

The Reasonable Penitent

Posted on April 07, 2010
The New Jersey Supreme Court has reversed a decision of the Appellate Division holding that discussions between a person later charged with sexual assault and a Pastor that he had known for over thirty years were not protected by the...

Confidentiality Violation Charges In North Carolina

Posted on April 07, 2010
The North Carolina State Bar has filed a complaint alleging that an attorney researched a possible claim on behalf of a client who he represented in a patent infringement suit. The possible claim involved the deceptive use of a name...

CLE Credit For Time Served

Posted on April 06, 2010
An en banc decision of the Mississippi Supreme Court is summarized on the court's web page: Petition filed by the Mississippi Commission on Continuing Legal Education to Amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education...

Maryland, My Maryland

Posted on April 06, 2010
The Louisiana Supreme Court denied admission to an applicant who originally sat for the July 2001 bar exam. The Committee on Bar Admissions was advised by the applicant's law school that "he had been disciplined for committing fraudulent acts in...

Never Again

Posted on April 06, 2010
An attorney who had withheld from his client a substantial portion of a lump sum workers' compensation settlement and converted the money for his own personal and business obligations was suspended for three years by the Louisiana Supreme Court. A...

Up The River

Posted on April 06, 2010
According to a news release issued today, the New York Commission on Judicial Conduct censured a non-lawyer town court justice who had retired from service as a state trooper as a result of injuries sustained in a high-speed chase of...

That's What Makes It A Horse Race

Posted on April 06, 2010
The West Virginia Supreme Court has affirmed a lower court's rejection of a claim that the state's "zero tolerance" drug policy for racing horses was unconstitutional: We are persuaded by the Illinois court's reasoning. If we were to adopt the...

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