If you are an ethics prof looking for an issue-spotting fact pattern for exam purposes, a recent case from the South Carolina Supreme Court may be worth reviewing. The case involves nine separate matters involving virtually every ethics violation one... [read post]
A Louisiana hearing committie proposes a public reprimand and probation for twelve months in a matter where a medical services provider who did regular business with a lawyer had complained that it had not been paid out of settlement proceeds... [read post]
Posted by Alan Childress Even though I don't teach or even like Contracts, I do read the Contracts Prof Blog because its snippets and examples are often funny and telling. I recently expressed to its founding editor, Frank Snyder (a... [read post]
A Virginia lawyer was reprimanded with terms in a case where he represented a divorcing wife. The husband's attorney filed a counterclaim alleging that the wife had "romantic encounters...with a person known to both parties. That person was the Respondent."... [read post]
The New York Appellate Division for the First Judicial Department affirmed a trial court order granted summary judgment on a counterclaim. The plaintiff, an attorney acting pro se, was negotiating to purchase property to store and use business jet aircraft.... [read post]
What happens when a lawyer is suspended from practice during an ongoing client representation? The wrong thing, according to an order of a further suspension by the Pennsylvania Supreme Court. The attorney had undertaken a driving while intoxicated case. The... [read post]
Here's a link to an article in the Chronicle of Higher Education on a case involving the use of plagiarism search engine to detect adademic dishonesty. The article reports that a federal court in Virginia "ruled...that a commercial plagiarism detection... [read post]
The New York Appellate Division for the First Judicial Department upheld a judgment for legal fees and dismissed malpractice counterclaims. As to fee entitlement: The record shows that in December 2003, each defendant signed an agreement with [law firm]plaintiff, acknowledging... [read post]
The Supreme Court of Hawai'i denied a lawyer's petition for renewal of certification as a specialist. The order recites that: "Upon consideration of the Verified Petition for Renewal of Certificate of Specialization submitted by Petitioner..., Exhibits A and B, and... [read post]
The Maryland Court of Appeals disbarred an attorney based on findings that he had committed prejury by filing false business reports under oath in bankruptcy proceedings and had flagrantly disobeyed court orders. The attorney had moved to Maryland after serving... [read post]
The New York Appellate Division for the Second Judicial Department rejected a request for dismissal of disciplinary charges and disbarred an attorney who had permitted a corporation to use his name and allowed non-attorneys access to the corporation's "settlement trust... [read post]
The South Carolina Supreme Court disbarred an attorney for misconduct primarily involving the operation of his trust accounts. He had a general practice that featured a high volume of real estate closings. He was the sole signatory on trust accounts.... [read post]
The Pennsylvania Supreme Court imposed a six-month suspension of an attorney who had continued to drive while his operator's license was suspended or revoked, got into an accident and drove away. He was located through his license plate number, convicted... [read post]
There are times when the often thankless job of disciplinary counsel has its rewards. For me, many if not most of those times involved cases where I had taken an exception and argued a position contrary to that of the... [read post]
The Indiana Supreme Court suspended an attorney for "at least three years" for a number of ethical violations in two matters. He had represented an elderly client who wished to name the lawyer as a beneficiary in his will. The... [read post]
The Louisiana Supreme Court suspended an attorney for misconduct that included using entrusted funds to make a contribution to his campaign for a judicial district court judgeship. After a remand from the court that questioned the sufficiency of a fully-probated... [read post]
The Iowa Supreme Court suspended the license of an attorney with no possibility of reinstatement for one year. The attorney had a record of prior discipline that included a conflict of interest violation based on representing both parties in a... [read post]
Posted by Jeff Lipshaw Richard Posner published an eminently sensible analysis of the bursting of the credit bubble in the Wall Street Journal the other day (a prelude, I assume, to his new book, The Failure of Capitalism, which he... [read post]
Posted by Jeff Lipshaw The recent debate between Brian Leiter and Rick Hills about the honorary degree granted to Phyllis Schlafly at Washington University raised some interesting issues about the relationship between truth and civility. Given that when we take... [read post]
In a bar discipline case decided yesterday, the Ohio Supreme Court determined to impose indefinite suspension rather than disbarment for a host of ethical violations in multiple matters including misappropriation of client funds. The court pointed to a number of... [read post]