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Ethics

: Legal Ethics Forum

Legal ethics roundup (July 26, 2010)

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  • In BOHAN v. DENNIS C. JACKSON CO., L.P.A., the Court of Appeals of Ohio applied the traditional privity test to affirm the dismissal of a beneficiary's legal malpractice claim.  "Bohan, a beneficiary of a revocable trust established by his father, George H. Bohan, alleged that [Attorney] had been retained to modify the terms of a trust, but failed to do so before the father died. The [lower] court held that Bohan lacked standing to bring a legal malpractice claim because, as the beneficiary of a revocable trust, he was not in privity of contract. The court likewise dismissed the contract and fraud claims by finding that they were attempts to circumvent the lack of privity. We find no error and affirm."
  • A prosecutor in North Dakota is accused of having failed to turn over evidence to the defense.  The prosecutor claims not to be threatened, and part of the difficulty in unraveling the story is that news accounts often treat the filing of an ethics complaint as if they are preliminary determinations of probable cause -- although that ain't necessarily so.
  • Editorial by the Washington Post about the firings of the US Attorneys.  
  • The new president of the Japanese Federation of Bar Associations, Kenji Utsunomiya, is a reformist known for his legal work for the poor. (Japan Times)
  • From the ALM, SF's McDonough firm considers several possibilities as its economic viability raises doubts.  It's an interesting looking into the business of law, how mid-sized firms have practice groups with differing prospects for profitability, and how malpractice insurance exposure can drive restructuring.


Full post as published by Legal Ethics Forum on July 26, 2010 (boomark / email).

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