Legal Profession Blogtag:typepad.com,2003:weblog-5174562009-07-17T15:34:52ZA Member of the Law Professor Blogs NetworkTypePadLegalProfessionBloghttp://feedburner.google.comRetired In Name Onlytag:typepad.com,2003:post-6a00d8341bfae553ef0115711dd29b970c2009-07-17T11:34:52-04:002009-07-17T15:34:52ZThe Kansas Supreme Court found that an attorney who had "retired" and sold his practice to another attorney had violated prohibitions against unauthorized practice and imposed disbarment. The key facts: Perhaps the best evidence against [the accused attorney] came from...Legal ProfessionIf You Call The Bar for Advice, Wait For The Answertag:typepad.com,2003:post-6a00d8341bfae553ef0115711dc685970c2009-07-17T11:18:23-04:002009-07-17T15:18:23ZThe Maine Supreme Judicial Court dismissed an interlocutory appeal in an action brought by a corporation against its former president but commented on a claim of attorney-client privilege in its order. The former president had been convicted of violating federal...Legal Professiontag:typepad.com,2003:post-6a00d8341bfae553ef0115711b4784970c2009-07-16T19:31:49-04:002009-07-17T15:55:06ZA Conference Sponsored by the Center for the Study of the Legal Profession Georgetown University Law Center March 22-23, 2010 Law firms have been affected to an unprecedented degree by the current economic downturn. Many have made deep cuts in...Legal ProfessionCash In Paper Bag Fee Leads To Disbarmenttag:typepad.com,2003:post-6a00d8341bfae553ef01157119a036970c2009-07-16T13:10:46-04:002009-07-16T21:55:46ZAn interesting case from the Washington Supreme Court concluded that disbarment was the appropriate sanction in a matter involving a felony conviction for willful failure to file a currency report. The attorney ("respondent") was asked by a (now former) lawyer...Legal ProfessionLitigation Over Artwork Donationtag:typepad.com,2003:post-6a00d8341bfae553ef01157118a5f2970c2009-07-16T09:34:18-04:002009-07-16T13:34:19ZNot a legal profession case, but of possible interest, is a decision filed on July 14 by the Court of Appeals of Tennessee. At issue were the rights of three parties in a charitable gift to Fisk University of 101...Legal ProfessionReferral Fee Not Unethicaltag:typepad.com,2003:post-6a00d8341bfae553ef0115720d2e3b970b2009-07-16T08:15:21-04:002009-07-16T12:15:21ZAn attorney who joined a law firm had an agreement that the firm would pay him additional compensation for fees generated on matters he referred to the firm. He thereafter referred a case to the firm. When he left the...Legal ProfessionUndercover UPL Investigationstag:typepad.com,2003:post-6a00d8341bfae553ef01157208af9c970b2009-07-15T10:33:35-04:002009-07-15T16:03:02ZThe Virginia State Bar is accepting comments on a proposed ethics opinion that considers the propriety of the use of undercover tactics by officials responsible for the regulation of unauthorized practice. The opinion is summarized as follows: This opinion addresses...Legal ProfessionGifts From Client Improper But Not Venaltag:typepad.com,2003:post-6a00d8341bfae553ef01157204bef7970b2009-07-14T16:59:04-04:002009-07-15T12:05:57ZAn Illinois hearing board has found that an attorney had breached fiduciary obligations in accepting a series of gifts from a now-deceased client with whom she had developed a close friendship. The hearing board, however, rejected the Administrator's proposed one-year...Legal ProfessionAdvice From Inactive Lawyer Draws Suspensiontag:typepad.com,2003:post-6a00d8341bfae553ef0115710ff4a5970c2009-07-14T16:04:33-04:002009-07-16T00:16:28ZPennsylvania is a jurisdiction that takes a particularly dim view of the unauthorized practice of law by inactive attorneys. A case in point involves a consent suspension for six months approved by the Pennsylvania Supreme Court. The attorney had been...Legal ProfessionFor Naughttag:typepad.com,2003:post-6a00d8341bfae553ef0115710fe1ab970c2009-07-14T15:32:55-04:002009-07-14T19:32:55ZThe Pennsylvania Supreme Court accepted a consent disposition of a three year suspension in a matter in which the attorney pled guilty to felony mail fraud. The criminal case involved an FBI sting operation in which the agents set up...Legal ProfessionThird Party Liabilitytag:typepad.com,2003:post-6a00d8341bfae553ef0115720311a6970b2009-07-14T10:32:07-04:002009-07-14T14:32:07ZThe Wisconsin Supreme Court has held that a lawyer who had drafted a series of wills for his client that contravened a judgment in a prior divorce case may be liable to third party beneficiaries who did not benefit from...Legal ProfessionNon-Cooperation Results In Greater Sanctiontag:typepad.com,2003:post-6a00d8341bfae553ef0115710e49be970c2009-07-14T09:30:36-04:002009-07-14T13:30:37ZThe South Carolina Supreme Court imposed a nine-month suspension in a bar discipline matter involving a series of ethics violations in a number of matters. Among the violations was the failure to pay a fee arbitration award to a client...Legal ProfessionNo Violations In Billard Parlor Investment tag:typepad.com,2003:post-6a00d8341bfae553ef011571fd3fe4970b2009-07-13T11:25:39-04:002009-07-13T15:27:08ZThe Louisiana Attorney Disciplinary Board agreed with a hearing committee that charges of ethics violations had not been proven. The Office of Disciplinary Counsel had appealed the proposed dismissal of charges that the attorney had violated the business transaction with...Legal ProfessionTickets To A Disbarmenttag:typepad.com,2003:post-6a00d8341bfae553ef011571fd284a970b2009-07-13T10:57:50-04:002009-07-13T14:58:38ZThe Louisiana Attorney Disciplinary Board has recommended permanant disbarment of a former judge of the Civil District Court of Orleans Parish. The judge had been convicted of conspiracy to commit public payroll fraud and claimed that the disciplinary system did...Legal ProfessionMotion To Sever Bar Charges Properly Deniedtag:typepad.com,2003:post-6a00d8341bfae553ef011571085335970c2009-07-13T10:33:21-04:002009-07-13T14:33:21ZThe Tennessee Supreme Court rejected a variety of procedural and substantive objections and suspended a lawyer admitted in 1990 for two years. The court summarized the contentions: In this direct appeal of a lawyer disciplinary proceeding involving three separate complaints,...Legal ProfessionPower Of Attorneytag:typepad.com,2003:post-6a00d8341bfae553ef011571082c6e970c2009-07-13T09:54:44-04:002009-07-13T13:54:44ZA petition for reinstatement of an attorney who had been suspended for a year and a day in 2006 was denied by the Pennsylvania Supreme Court. The "essence of [the] misconduct was a conflict of interest with her client," a...Legal ProfessionThe Importance Of Being Activetag:typepad.com,2003:post-6a00d8341bfae553ef011571fb3a48970b2009-07-12T21:05:51-04:002009-07-13T01:08:17ZFrom the California Bar Journal: [An attorney] was suspended for one year, stayed, placed on two years of probation with an actual 60-day suspension and he was ordered to take the MPRE within one year. The order took effect Dec....Legal Profession"The Province Of Licensed Attorneys"tag:typepad.com,2003:post-6a00d8341bfae553ef011570f17645970c2009-07-09T11:51:45-04:002009-07-11T22:43:15ZThe Florida Supreme Court denied the reinstatement petition of an attorney who had been suspended for two years in 2006 for negligent misappropriation. The court agreed with the Bar that the petitioner had not been in strict compliance with the...Legal ProfessionThreats Draw Sanctiontag:typepad.com,2003:post-6a00d8341bfae553ef011571e5d01a970b2009-07-09T10:08:10-04:002009-07-09T14:34:56ZA District Committee of the Virginia State Bar has imposed a public reprimand in a contested matter where an employee of the attorney had confided to her that she had never divorced her third husband before marrying husband number four....Legal ProfessionReinstatement Recommendedtag:typepad.com,2003:post-6a00d8341bfae553ef011571e479f7970b2009-07-09T07:05:18-04:002009-07-09T11:15:13ZNotwithstanding the objections of the Administrator, an Illinois hearing board has recommended that a petition for reinstatement be granted. The attorney had been suspended in 2006 for a year and a day for a bizarre scheme to induce fellow members...Legal ProfessionReturn To Sendertag:typepad.com,2003:post-6a00d8341bfae553ef011570e7cc82970c2009-07-08T16:10:22-04:002009-07-08T20:10:22ZIn Hawaii, when the Supreme Court orders an attorney to surrender their law license, they literally mean that you are supposed to return the original. Hence, the following order: Upon consideration of J. Michael Dwyer's June 1, 2009 Letter to...Legal ProfessionConsequences Of Convictiontag:typepad.com,2003:post-6a00d8341bfae553ef011571d4a48c970b2009-07-07T19:05:06-04:002009-07-08T12:32:46ZThe Illinois Administrator has filed a complaint based on an attorney's conviction after jury trial of felony aggravated driving under the influence and failure to report an accident involving death. The complaint alleges the following factual predicate of the conviction:...Legal ProfessionPublic Information Promotes Public Protectiontag:typepad.com,2003:post-6a00d8341bfae553ef011571d41420970b2009-07-07T14:18:49-04:002009-07-07T18:43:18ZHere's a nice new feature of the web page of the Michigan Attorney Discipline Board-- petitions for reinstatement to practice law are now posted on line. The petition has notice that persons interested in either supporting or opposing the application...Legal ProfessionWell-Intentioned Neglect Results In Suspensiontag:typepad.com,2003:post-6a00d8341bfae553ef011571d3fd68970b2009-07-07T13:55:36-04:002009-07-07T18:08:57ZThe New York Appellate Division for the First Judicial Department resolved a disagreement over the appropriate sanction by imposing a three month suspension in a matter involving two instances of client neglect. A hearing panel had recommended a six month...Legal ProfessionOK To Servetag:typepad.com,2003:post-6a00d8341bfae553ef011571d38764970b2009-07-07T11:21:29-04:002009-07-07T15:21:29ZThe Judicial Ethics Advisory Committee of Florida has rendered an opinion on the following question: The Inquiring Judge’s synagogue has a committee comprised of several members of the synagogue that review applications submitted by prospective members who assert that they...Legal ProfessionProbation Failures Lead To Disbarmenttag:typepad.com,2003:post-6a00d8341bfae553ef011571d30a57970b2009-07-07T10:17:08-04:002009-07-07T14:40:43ZThe California State Bar court recently granted a motion to publish a 2007 decision alerting the Bar to the consequences of non-cooperation with the disciplinary process. The attorney has almost no California practice; rather, he practices in Washington State. He...Legal ProfessionMalpractice Findings Do Not Bind Disciplining Courttag:typepad.com,2003:post-6a00d8341bfae553ef011570ddcad5970c2009-07-07T09:37:13-04:002009-07-07T13:48:11ZThe Wisconsin Supreme Court imposed a 60 day suspension in a matter involving sloppy trust account administration and other misconduct: Here, eight of the alleged counts of misconduct involved sloppy and careless trust account violations. Accurate trust account records are...Legal ProfessionNo Boxes For You!tag:typepad.com,2003:post-6a00d8341bfae553ef011570d978ca970c2009-07-06T20:41:03-04:002009-07-07T00:41:03ZAn opinion from the South Carolina Advisory Committee on Standards of Judicial Conduct: RE: Propriety of a probate judge seeking donations of cardboard boxes in order to facilitate the Probate Court's move to a new facility. FACTS The Probate Court...Legal ProfessionMisconduct:The Movietag:typepad.com,2003:post-6a00d8341bfae553ef011570d6c29f970c2009-07-06T13:46:51-04:002009-07-08T00:56:46ZA Louisiana hearing committee has recommended the permanent disbarment of a lawyer as a result of his federal conviction for bribery and conspiracy in connection with a program that received federal funds. The attorney was the director of the Louisiana...Legal ProfessionRule Violation By Disciplinary Counsel No Basis to Dismiss Misconduct Findingstag:typepad.com,2003:post-6a00d8341bfae553ef011571ca1dae970b2009-07-06T11:42:46-04:002009-07-06T23:56:41ZThe New York Appellate Division for the Fourth Judicial Department has censured an assistant district attorney who violated a court order that prohibited him from speaking to a testifying expert witness during a recess. He also had initially denied doing...Legal ProfessionBoth Sides Now tag:typepad.com,2003:post-6a00d8341bfae553ef011570d441f4970c2009-07-06T10:35:08-04:002009-07-06T14:35:08ZA Louisiana hearing committee has recommended a six month suspension with two months deferred in a matter where an Orleans Parish Assistant District Attorney continued to represent criminal defendants in the Parish after taking his oath of office as a...Legal ProfessionImproper Remarks No Basis For Reversaltag:typepad.com,2003:post-6a00d8341bfae553ef011571c8bf75970b2009-07-06T10:09:32-04:002009-07-06T14:09:32ZThe Delaware Supreme Court found that a prosecutor had crossed the line into improper closing argument by mocking the defendant's testimony as "ridiculous," "cute," and a "sales pitch" but declined to find reversible plain error and affirmed a second degree...Legal ProfessionRegret Is Not Enoughtag:typepad.com,2003:post-6a00d8341bfae553ef011571c882dd970b2009-07-06T09:57:55-04:002009-07-07T13:45:33ZAn attorney who had failed to file a personal injury suit and allowed the statute of limitations to expire was suspended for five months. The Tennessee Supreme Court reviewed and affirmed the sanction, rejecting the attorney's appeal seeking a public...Legal Profession"No Other Appropriate Sanction"tag:typepad.com,2003:post-6a00d8341bfae553ef011571c80fdb970b2009-07-06T09:24:52-04:002009-07-06T13:24:52ZThe District of Columbia Court of Appeals heaped praise on a hearing committee for its "meticulous findings and exlemplary analysis" and disbarred an attorney for a laundry list of seroius violations that included seeking to have his own mother declared...Legal ProfessionDisclose, Disclosetag:typepad.com,2003:post-6a00d8341bfae553ef011570d32e32970c2009-07-06T09:09:24-04:002009-07-06T13:09:24ZFrom the California Bar Journal: [An attorney] was suspended for one year, stayed, placed on two years of probation and was ordered to take the MPRE within one year. The order took effect Jan. 3, 2009. In 2005, [he] represented...Legal ProfessionSuing The Deadtag:typepad.com,2003:post-6a00d8341bfae553ef011571c8044a970b2009-07-06T09:03:59-04:002009-07-06T13:10:32ZAn attempt to substitute a law firm for a deceased defendant was rejected by the New York Appellate Division for the First Judicial Department: In December 2006, just before the statute of limitations expired (CPLR 214[5]), plaintiff commenced this action...Legal Profession