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Ethics
: Legal Ethics ForumLegal ethics odds and ends (August 3, 2010)
- In Australia, two sets of regulators want to regulate lawyers who act as migration agents.
- From ALM, a biglaw firm drafted a pre-nup; the spouse seeking to evade the pre-nup survived a summary judgment motion; and now the firm is facing a malpractice case that, according to the firm, should be stayed until a final ruling on the enforceability of the clause.
- The Second Circuit, in Baker v, Simpson ruled that malpractice occurring a bankruptcy "arises under" the bankruptcy court's jurisdiction. Key graf: "This Court has not previously determined whether claims of professional malpractice based on services rendered pursuant to a Title 11 bankruptcy petition, see 11 U.S.C. § 101 et seq., fall within the bankruptcy court's "original but not exclusive jurisdiction." 28 U.S.C. § 1334(b). We now join several of our sister circuits in holding that appellant's claim that he was afforded substandard legal representation in his Title 11, and related bankruptcy proceedings, are subject to the bankruptcy court's "arising in" jurisdiction. See id. We further hold that we lack jurisdiction to review the propriety of the bankruptcy court's decision not to abstain pursuant to 28 U.S.C. § 1334(c)(1)."
Full post as published by Legal Ethics Forum on August 03, 2010 (boomark / email).
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