A Washington lawyer was disbarred last month by the state supreme court in a disciplinary case with an interesting array of issues: the heavy penalties for using trust account money to “rob Peter to pay Paul;” the danger of treating the representation of a relative too casually; “compassion fatigue” as a potential mitigating factor in
Measure twice cut once: 10th Circuit decides malpractice policy doesn’t cover overbilling claims
As the legal market continues to change, attorneys face more challenges when it comes to client relations. While the trend has been for clients to slash attorney’s fees by hiring third party auditors to review bills, or to aggressively seek discounts on fees, ethical considerations, and now the United States Court of Appeals for the
Social media follies: watch your step
Four quick takes on social media pratfalls by judges, lawyers and others — just from the last few weeks. Don’t let these happen to you!
- A Kentucky state court judge posted a comment on a pending murder case on her “official” Facebook page: “This murder suspect was RELEASED FROM JAIL just hours after killing a
PA lawyer suspended for “textbook” conflict of interest after representation adverse to assault victim
Representing a campus sexual assault victim-turned-activist and later using her confidential information in representing an alleged campus assailant with interests adverse to the former client is a “textbook” conflict of interest. That’s the message the Pennsylvania Supreme Court sent in suspending a lawyer for a year in a consent-to-discipline case published this week.
Former -client
Ticket to hell, take two: FL lawyers face probation for giving Rays tix to judge
You might remember our report last year on the Florida judge who resigned after accepting Tampa Bay Rays baseball tickets from lawyers who had a pending case before him.
The lawyers were representing plaintiff in a slip-and-fall case against Wal-Mart. The day after the jury came back with a defense verdict, one of the lawyers
What’s in a name? Semi-retired lawyer suspended for letting others use it
In a warning to semi-retired lawyers and others, the Sixth Circuit Court of Appeals earlier this month affirmed a 90-day suspension for a lawyer who let others draft and sign his name to deficient pleadings, saying that “a lawyer’s good name and professional reputation are his primary stock in trade, an asset to be cultivated
Apocalypse now? Two tales of dishonesty, fraud, deceit, misrepresentation
In the ethics class that I teach as an adjunct law prof, I refer to Model Rule 8.4(c) as “The Four Horsemen of the Apocalypse,” because of the four things the rule prohibits: dishonesty, fraud, deceit and misrepresentation.
While these ethical no-no’s are certainly not equivalent to the biblical “four horsemen” (Death, Famine, War and
Unauthorized practice for 18 years in RI draws suspension in MA
Out of Massachusetts comes a disciplinary opinion illustrating (again) the multiple consequences that can come from the unauthorized practice of law. In this one, however, the twist is that two brothers were involved — and they apparently got away with their UPL for 18 years.
Practicing in the Ocean State
The two brothers were licensed
“Hostile” and “unreasonable” conduct at meet-and-confer merits sanctions, CA appeals court says
When a court orders you to meet and confer with opposing counsel about a discovery dispute, it requires you to do “something more than bickering with [opposing] counsel ….” That’s what a California state appeals court noted in affirming $12,600 in sanctions against a defendant represented by a large national firm. According to the opinion
$ + witness = suspension in Nevada; lawyer was not “merely negligent”
A lawyer who offered a witness $7,000 for his “honest testimony” was suspended for 35 days by the Nevada Supreme Court, after a state discipline board divided on whether a public reprimand was sufficient.
The opinion is a reminder about the limits of advocacy.
Truth is no defense
The lawyer’s client disputed a will. The