Posts filtered by tags: Legal Profession Prof[x]


 

To Disbar Or Not To Disbar

A potentially significant bar discipline matter involving entrusted funds will be argued this Wednesday in the District of Columbia Court of Appeals. The panel consists of Associate Judges Beckwith and McLeese and Senior Judge Ruiz. The D.C. rules governing advanced... [Author: Legal Profession Prof]
Tags: Law, Beckwith, Legal Profession Prof, Bar Discipline & Process, District of Columbia Court of Appeals, McLeese


Gallipoli

The New Jersey Supreme Court rejected a two-year suspension proposed by a majority of the Disciplinary Review Board and ordered disbarment of an attorney who failed to comply with the affidavit requirements of two suspension orders. From the DRB recommendation... [Author: Legal Profession Prof]
Tags: Law, Gallipoli, DRB, New Jersey Supreme Court, Legal Profession Prof, Bar Discipline & Process, Disciplinary Review Board


Riding Crops And Psychiatric Treatment

The Tennessee Court of Appeals affirmed sanctions imposed on a psychiatrist As set out in the notice, the specific allegations against Dr. Augustus were that she: (1) “struck [a patient, P.T.,] on the buttocks with a riding crop” during a... [Author: Legal Profession Prof]
Tags: Law, Augustus, Tennessee Court of Appeals, Legal Profession Prof, Comparative Professions


Upskirt Photo Convictions Draw New Jersey Sanction

The New Jersey Supreme Court imposed a one-year suspension for his "upskirt photograph" convictions. From the recommendation of the Disciplinary Review Board Respondent’s convictions relate to his taking "upskirt" photographs of women, without their knowledge or consent. Specifically, on June... [Author: Legal Profession Prof]
Tags: Law, New Jersey Supreme Court, Legal Profession Prof, Bar Discipline & Process, Disciplinary Review Board Respondent, New Jersey Sanction


Consent Discipline In D.C.

As readers may recall, I am a huge believer in the use of consent discipline procedures to resolve bar prosecutions, if adequate procedures exist to ensure fairness to the attorney and appropriate discipline for the misconduct. Readers may also recall... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


"Disturbing Emails" To Bar Association Lead To Disbarment

The New York attorney discipline system has a singularly speedy and harsh response to an attorney's failure to respond to a complaint. The Appellate Division for the First Judicial Department entered a disbarment order yesterday In August 2019, the Attorney... [Author: Legal Profession Prof]
Tags: New York, Law, Appellate Division, Legal Profession Prof, Bar Discipline & Process, First Judicial Department


Unsupported Petition Denied

The New York Appellate Division for the Third Judicial Department has denied a petition for reinstatement respondent's application lacks certain required proof and documentation, such as all copies of any filed income tax returns. Further, petitioner points out that the... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, New York Appellate Division, Third Judicial Department


Disbarment For Disclosure Obligation Violations

The Minnesota Supreme Court has disbarred a former prosecutor charged with disclosure violations The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Thomas H. Pertler has committed professional misconduct warranting... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Finders Weepers

The New York Appellate Division for the Second Judicial Department affirmed the grant of summary judgment to a law firm sued for a referral fee The plaintiff commenced this action to recover attorneys’ fees from the defendant law firm for... [Author: Legal Profession Prof]
Tags: Billable Hours, Legal Profession Prof


Alleged Violation Of Virus Shutdown Order Draws Judicial Misconduct Charges

The Ohio Disciplinary Counsel has filed charges against a judge who held hearings in contravention of the coronavirus rescheduling order Respondent received the order on Friday, March 13, 2020; however, she failed to abide by its terms. The proceedings held... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Judicial Ethics and the Courts


Disbarment For Disclosure Obligations

The Minnesota Supreme Court has disbarred a former prosecutor charged with disclosure violations The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Thomas H. Pertler has committed professional misconduct warranting... [Author: Legal Profession Prof]
Tags: Law, Minnesota Supreme Court, Legal Profession Prof, Bar Discipline & Process, Office of Lawyers Professional Responsibility, Thomas H Pertler


Stayed Disbarment In Jeopardy

The Minnesota Supreme Court has ordered the temporary suspension of an attorney subject to a stayed order of disbarment Respondent Daniel Martin Lieber is an attorney who we previously disbarred, In re Lieber, 699 N.W.2d 722, 722 (Minn. 2005) (order),... [Author: Legal Profession Prof]
Tags: Law, Minnesota Supreme Court, Legal Profession Prof, Bar Discipline & Process, Daniel Martin Lieber


Facebook Messages Alleged As Ex Parte Communications

An Ohio judge has been charged with ethics violations involving Facebook Messenger communications with a person he had friended after presiding over his criminal trial and divorce Sometime prior to July 22, 2019, respondent and Keith became “friends” on Facebook.... [Author: Legal Profession Prof]
Tags: Facebook, Law, Facebook Messenger, Ohio, Keith, Legal Profession Prof, Judicial Ethics and the Courts


No Suspension For Misdemeanor Tax Conviction

An attorney's misdemeanor tax convictions presented a question of first impression in New Jersey, resulting in a public censure by the New Jersey Supreme Court. The Philadelphia Business Journal reported on the criminal case. The Disciplinary Review Board recommended that... [Author: Legal Profession Prof]
Tags: Law, New Jersey, Legal Profession Prof, Bar Discipline & Process, Disciplinary Review Board


Legal Malpractice Arbitration Agreements Upheld In Georgia

The Georgia Supreme Court has held that an agreement to arbitrate legal malpractice claims does not violate public policy Innovative Images, LLC (“Innovative”) sued its former attorney James Darren Summerville, Summerville Moore, P.C., and The Summerville Firm, LLC (collectively, the... [Author: Legal Profession Prof]
Tags: Law, Clients, Georgia, Georgia Supreme Court, Legal Profession Prof, James Darren Summerville Summerville Moore


Suspension For Repeat DUIs

The Indiana Supreme Court has imposed a one-year suspension without automatic reinstatement for this stipulated misconduct In September 2018, Respondent was employed as an assistant city attorney for the City of Anderson. On September 5, after Respondent began drinking alcohol... [Author: Legal Profession Prof]
Tags: Law, Anderson, Indiana Supreme Court, Respondent, Legal Profession Prof, Bar Discipline & Process


Time Served

The District of Columbia Court of Appeals accepted a recommendation for consent discipline In this disciplinary matter, the Ad Hoc Hearing Committee (the Committee) recommends approval of a petition for negotiated attorney discipline. See D.C. Bar R. XI, § 12.1(c).... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, District of Columbia Court of Appeals, Hoc Hearing Committee the Committee


Excessive Fee For Finance Charges

The Iowa Supreme Court has imposed a 30-day suspension of a previously-disciplined attorney. The prior case He was previously disciplined in 2010 after he had a sexual relationship with a client and disclosed confidential information about the client during his... [Author: Legal Profession Prof]
Tags: Law, Iowa Supreme Court, Legal Profession Prof, Bar Discipline & Process


"The Whole Enchilada"

The Maine Supreme Judicial Court has ordered an attorney's interim suspension after a recent hearing Following the hearing on September 2, 2020 and upon consideration of the testimony together with the exhibits and materials submitted, as well as arguments of... [Author: Legal Profession Prof]
Tags: Law, Maine Supreme Judicial Court, Legal Profession Prof, Bar Discipline & Process


Tales From The Crypt

The District of Columbia Court of Appeals affirmed the conviction of an attorney for destruction of property and contempt. The facts On October 31, 2018, at around 5:30 p.m. an evening mass was in progress in the crypt church at... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, District of Columbia Court of Appeals


Permanent Disbarment: A Tennessee First

From the web page of the Tennessee Supreme Court The Tennessee Supreme Court today entered an order permanently disbarring an attorney from practicing law in Tennessee. A lawyer is “disbarred,” that is, expelled from the legal profession, when the Supreme... [Author: Legal Profession Prof]
Tags: Law, Tennessee, Legal Profession Prof, Bar Discipline & Process


Indicted Judge Disqualified

The Ohio Supreme Court has entered an order disqualifying a judge from all matters while under indictment. Sua sponte, Jason D. Warner, Attorney Registration No. 0066451, disqualified from acting as a judge pursuant to Gov.Jud.R. III(6)(A). He shall remain disqualified... [Author: Legal Profession Prof]
Tags: Law, Ohio Supreme Court, Legal Profession Prof, Judicial Ethics and the Courts, Jud R III, Jason D Warner


Real Time Access To Judicial Misconduct Hearings

The web page of the Oklahoma Supreme Court is providing real time access to an ongoing judicial misconduct proceeding Case No. CJTD-2020-1, The Supreme Court of the State of Oklahoma, Petitioner v. Kendra Coleman, Respondent. The livestream for Wednesday can... [Author: Legal Profession Prof]
Tags: Law, Oklahoma Supreme Court, Legal Profession Prof, Judicial Ethics and the Courts, Supreme Court of the State of Oklahoma Petitioner, Kendra Coleman


Reciprocal Sanction For Sandusky Prosecutor

The Virginia State Bar Disciplinary Board has imposed reciprocal discipline based on the Pennsylvania suspension reported by Patch.com A Montgomery County-based attorney who played a crucial role in the prosecution of convicted child sex offender Jerry Sandusky has been suspended... [Author: Legal Profession Prof]
Tags: Law, Pennsylvania, Montgomery County, Jerry Sandusky, Legal Profession Prof, Bar Discipline & Process, Virginia State Bar Disciplinary Board


Strike Three

The Georgia Supreme Court rejected an attorney's third petition for voluntary discipline In this third petition, William Leslie Kirby III (State Bar No. 220475) again seeks voluntary discipline in connection with his admitted misconduct in four separate State Bar matters,... [Author: Legal Profession Prof]
Tags: Law, Georgia Supreme Court, Legal Profession Prof, Bar Discipline & Process, William Leslie Kirby III


Insurance Did Not Cover Cyber Fraud

A law firm that was the victim of a fraud did not have coverage under its liability insurance policy for the ensuing damage according to a decision of the Vermont Supreme Court. The plaintiff law firm had heard a CLE... [Author: Legal Profession Prof]
Tags: Law, Vermont Supreme Court, Legal Profession Prof


Mandamus Granted: Proceed Or Dismiss

The Virgin Islands Supreme Court has granted mandamus relief to an attorney who is the subject of a disciplinary investigation. The complaint On May 25, 2018, Mark W. Eckard, Esq. filed a grievance against Burns with the ODC. In his... [Author: Legal Profession Prof]
Tags: Law, Burns, Legal Profession Prof, Bar Discipline & Process, Virgin Islands Supreme Court, Mark W Eckard Esq


One DUI, Two Sanctions

An attorney who had consented to a year and a day suspension in Louisiana for a DUI received a lesser sanction as reciprocal discipline by the Mississippi Supreme Court From the record before us, it appears that this was Easterly’s... [Author: Legal Profession Prof]
Tags: Law, Louisiana, Legal Profession Prof, Bar Discipline & Process, Mississippi Supreme Court From


"Falsehoods Have A Tendency To Metastasize Like Cancer"

A cautionary tale from the Iowa Supreme Court With trial looming and a discovery sanctions motion pending, a woefully underprepared lawyer told opposing counsel and the court that his client had accepted the opponent’s $15,000 settlement offer. But the client... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Iowa Supreme Court With


False Statements Draw Lengthy Proposed Suspension

An Illinois Hearing Board proposes a three-year suspension of an attorney for misconduct in his law school application In 2005, Respondent took the Law School Admission Test (LSAT) and applied, unsuccessfully, to the University of Chicago Law School. In 2006,... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, University of Chicago Law School, Illinois Hearing Board