A former part-time Ohio judge and bankruptcy trustee whose bookkeeper was convicted of stealing funds from his trust account was publicly reprimanded last week for failing to reconcile his trust account monthly and failing to adequately supervise his staff. The court’s opinion spotlights the potential legal ethics problems that dishonest non-lawyer staff can create. Below
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Ohio considers rule change to allow practice while lawyers wait to “waive in”
Although I love my home state of Ohio, I have to acknowledge that we are not often in the avant-garde when it comes to legal ethics. After all, Ohio was one of the last jurisdictions in the Union to adopt the Model Rules of Professional Conduct (2007). But last week, the Ohio Supreme Court put…
Prosecutor’s conflict DQ’s entire office, says WA appeals court
A Washington appellate court recently disqualified a county prosecutor’s entire office from participating in the re-trial of a murder case. The chief prosecutor had previously represented the defendant while in private practice. The case shines a light on government lawyers and imputed conflicts of interest.
Election win spells DQ
The county prosecuting attorney, Garth Dano,…
Congressman’s tweet about Michael Cohen draws FL disciplinary review
Do we ever take off our “lawyer hats”?
The question has been in the news because of a tweet by Rep. Matt Gaetz, who represents Florida’s first congressional district and is a member of the Florida bar. Pictured at the right, the tweet was directed at Michael Cohen, President Trump’s former attorney, the night before…
Law firm’s “block billing” helped obscure overcharges, plaintiffs allege in TX federal suit
Five businesses filed suit earlier this month in a Texas federal district court against Morrison & Foerster, a 1,000+-lawyer mega-firm headquartered in San Francisco. The case is unremarkable in most ways: on the one hand, former clients who assert wrongdoing in how the law firm handled their matters (including billing improprieties) and a less–than-desirable outcome…
Extortion or just negotiations? That slippery slope
Last week the media was abuzz with the allegations made against the National Enquirer by Jeff Bezos, the founder of Amazon and the owner of The Washington Post. The details in Bezos’ blog post about his ongoing dispute with the Enquirer and its publisher David Pecker are sensationalistic to say the least: the world’s richest…
Client sanctioned for local counsel’s communication screw-up
Going abroad? Think that “national counsel” is going to take care of anything that comes up when you’re gone? Get swamped when you return and take “several weeks” to wade through the e-mail that piled up in your absence? If you’re local counsel, that might be a recipe for disaster — for your client —…
Sex with client draws suspension; consent plays no part in analysis, Ohio court again says
The Ohio Supreme Court is continuing its trend of suspending lawyers who violate the disciplinary rule on sex with clients, and has again rejected arguments that pointed to the consensual nature of the relationship. In a recent opinion involving sex between criminal defense counsel and his client, the court characterized the lower disciplinary Board’s analysis…
“Fees a crowd?” D.C. bar issues opinion on ethics of crowdfunding
Has your client ever suggested paying for your services via donations from a Kickstarter campaign, or a GoFundMe page? The District of Columbia Bar recently considered such donation-based crowdfunding, and greenlighted the basic concept — but noted that the ethical implications vary depending on the lawyer’s level of involvement in the crowdfunding effort.
Other people’s…
Cases underscore some pro hac vice ethics pitfalls
If you’re admitted to handle a case PHV, mind your P’s and Q’s.
Translation: Pro hac vice admission to practice before a court outside the state where you’re licensed requires attention to a range of ethics duties, and running afoul of them can have bad consequences. Two recent cases spotlight some of the issues.
We’re…