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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

That's A Wrap

Posted on March 15, 2010
The Louisiana Supreme Court permanently disbarred an attorney who had accepted a bribe in his capacity as director of the Louisiana Film Commission. The sanction was imposed in the wake of a federal felony conviction. The court concluded that its...

"Tried And True"

Posted on March 15, 2010
The Delaware Supreme Court has imposed a public reprimand of an attorney who had conducted 10 closings for a private money lender. The attorney has been in practice for over 30 years and had significant experience in residential real estate...

Not Giants But Not Prohibited

Posted on March 15, 2010
The United States Court of Appeals for the Second Circuit has, in the main,affirmed the Disrtict Court's determination that certain aspects of the New York regime for regulating attorney advertising do not pass constitutional muster. The court rejected attempts to...

Petition For Voluntary Discipline Rejected

Posted on March 15, 2010
The Georgia Supreme Court rejected a joint petition for voluntary discipline that had called for a suspension in a range from six months to a year, concluding that the higher-end sanction was "an inappropriate sanction in light of the scope...

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Convicted Former DA Suspended

Posted on March 15, 2010
The web page of the Disciplinary Board of the Pennsylvania Supreme Court reports that a former deputy district attorney was suspended as a result of a criminal conviction. Pennlive.con had reported last October that the attorney had been accused a...

Futility

Posted on March 15, 2010
Posted by Jeff Lipshaw Though the three days of monsoon-like rain and wind we've endured here in the East could be worse (it could have been snow), I thought this, which I snapped with my iPhone just across Tremont Street...

Bubbles and Earthquakes

Posted on March 13, 2010
Posted by Jeff Lipshaw My article on financial bubbles and earthquakes, The Epistemology of the Financial Crisis, is due out any moment in the Southern California Interdisciplinary Law Journal. In it, I suggest there are parallels between the science of...

Wounded And Suspended

Posted on March 12, 2010
A superior court judge who had been involved in a domestic dispute was shot in the scalp in a self-inflicted wound. As a result, she suffered a concussion and went to a hospital for treatment. There she made a statement...

Dismissal Of Malpractice Case Against Former Corporate Counsel Affirmed

Posted on March 12, 2010
The Nebraska Supreme Court affirmed the dismissal of legal malpractice and related claims brought against the former attorney of a company that performed radiology services. The attorney was corporate counsel to Radiology Services from 1995 to 2003. Her father was...

Don't Assume That Your $436k in Jewelry Is Up in That Overhead Bin

Posted on March 11, 2010
Posted by Alan Childress Not a legal profession case, but eye-opening to those of us who travel a lot and hate to check luggage: you may THINK it is overhead when it is not... The Court also released this notable...

After The Millenium

Posted on March 11, 2010
The New York Appellate Division for the First Judicial Department accepted the resignation of an attorney and struck him from the rolls. The facts: Respondent acknowledges that a disciplinary investigation was commenced against him in June 2009, while he was...

No Appeal

Posted on March 11, 2010
A notice of appeal of the dismissal of a bar complaint by the complainant was rejected by the Delaware Supreme Court. The court held that there is no procedure for such an appeal of a complaint dismissed by disciplinary counsel....

The Long Reach Of Hurricane Katrina

Posted on March 11, 2010
The District of Columbia Board on Professional Responsibility recently recommended a one-year suspension of a former senior domestic policy adviser to former President George W. Bush for criminal conduct unrelated to the practice of law. The attorney had been convicted...

Summer Abroad June-July 2010: Studying Comparative Legal Professions in the Greek Isles

Posted on March 10, 2010
Posted by Alan Childress This is the time of year when I remind readers (and, I hope, Googlers of the phrase law school summer abroad programs in Greece or law study summer school,near Athens) that -- somewhat related to the...

Not An Ordinary Expense

Posted on March 09, 2010
The New Jersey Supreme Court affirmed the judgment of the Appellate Division in a matter involving the conviction of a State Senator. The senator was convicted of corruption and fraud crimes. His designated campaign committee then sought an advisory opinion...

Claims Against Referring Firm Reinstated

Posted on March 09, 2010
A law firm that had represented a client sued the client for unpaid fees. The plaintiff firm also sued the law firm that had referred the client, claiming that the defendant law firm had represented that their clients (the Nassers)...

Beyond Discourteous

Posted on March 08, 2010
The Michigan Attorney Discipline Board affirmed a hearing panel's findings of misconduct and reprimand for a violation of Michigan Rule of Professional Conduct 6.5(a), which requires a lawyer to: ...treat with courtesy and respect all persons involved in the legal...

Gut Feeling

Posted on March 08, 2010
The always-informative web page of the North Dakota Supreme Court has a link to an article in last Friday's TwinCities.com Pioneer Press about unhappiness in the state public defender's office over the selection of a new appellate chief. The report:....

Attorneys Governed By Bankruptcy Act

Posted on March 08, 2010
The United States Supreme Court held today that the class of bankruptcy professionals designated as "debt relief agenc[ies]" by the Bankruptcy Abuse Prevention and Consumer Protection Act includes attorneys who provide bankruptcy assistance. The provision of the Act that prohibits...

Plane Hits House, Attorney Misses Statute Of Limitations

Posted on March 08, 2010
A high school English teacher was sitting in her living room when a small plane hit the roof of the second story of her home. She suffered no direct physical injury but went into a state of shock, which led...

Labels Matter

Posted on March 08, 2010
The Arizona Disciplinary Commission has adopted a hearing officer recommendation of a four year suspension with two years probation upon reinstatement for an attorney who had practiced while suspended for non-payment of annual dues and failed to participate in the...

36 Arguments for the Existence of God: A Work of Fiction by Rebecca Newberger Goldstein

Posted on March 06, 2010
Posted by Jeff Lipshaw To paraphrase Bill Murray in Stripes, I rarely read fiction but when I do it's something unusual. (Unfortunately, however, chicks don't dig me.) I'm reading 36 Arguments for the Existence of God: A Work of Fiction...

Moonlighting DA Suspended

Posted on March 06, 2010
The Louisiana Supreme Court suspended an attorney for a year and a day. While serving as an assistant district attorney, he had undertaken to represent several criminal defendants with respect to charges in the same parish. Such conduct was specifically...

A Perfect Storm

Posted on March 06, 2010
A Michigan disciplinary hearing panel has found that the attorney representing former Detroit Mayor Kwame Kilpatrick violated ethics rules in defending the Mayor in civil litigation. The panel's 83 page opinion describes the events that unfolded as an "ideal law...

A Safe Assumption

Posted on March 05, 2010
The Massachusetts Supreme Judicial Court affirmed the denial of a motion for new trial in a case that involved an undisclosed previous intimate relationship between defense counsel and a prosecutor who was not involved in the case (the "ADA"). The...

No To Husson Law Again

Posted on March 05, 2010
The Maine Supreme Court has again denied Husson University's request for permission to allow its future Juris Doctor graduates to sit for the bar examination. The court found that the renewed request detailed "a program largely identical to that proposed...

A Balance Of Factors

Posted on March 05, 2010
A disciplinary decision issued today by the Nebraska Supreme Court gives us a good sense of the myriad factors that drive the determination of the appropriate sanction for ethics violations. The attorney was the subject of two complaints. One matter....

Gross Negligence

Posted on March 05, 2010
The West Virginia Supreme Court imposed a six-month suspension followed by probation for one year in a matter where an attorney drafted a will that named him as executor of the estate. After the client die, the attorney paid himself...

Husbands And Wives

Posted on March 04, 2010
A recent disciplinary case is summarized on the web page of the Massachusetts Board of Bar Overseers: On February 1, 2008, a husband filed through counsel a complaint for divorce in which he sought custody of the couple?s minor children...

Disability Status Results In Bar Complaint Stay

Posted on March 04, 2010
The Minnesota Supreme Court accepted a joint recommendation and ordered that an attorney be transferred to disability inactive status. As a result, a pending disciplinary complaint was stayed. The complaint alleged that the attorney had made a series of 12...

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