ABA/BNA Lawyers' Manual on Professional Conduct: Current Reports Index-Summary

DEBT COLLECTION

– FCRA red flag rules, appeal of order barring FTC from applying to lawyers, 166; conferees discuss, 267; extension of delay, 349; bill to narrow scope, see LEGISLATION, FEDERAL, S 3987
– Former-client conflict, deceased client, suspension (Or.), 502
– Malpractice

– – Bona fide error defense under FDCPA, mistakes of law (U.S., oral arg), 53; (rvs), 251
– – Consumer protection law, application to law firm practices (Ga.), 368

DECEASED CLIENTS

– Dishonesty when lawyer knew of client death, suspension (Minn.), 264
– Former-client conflict, suspension (Or.), 502
– Malpractice, estate representative standing re suit against decedent's lawyer (N.Y.), 369
– Retainer fees, firm refusal to provide accounting to estranged wife (Ind. Ct. App.), 7

DEFAMATION

– Derogatory website post, lawyer suit against author (Tex. Ct. App.), 197
– Unfair trade practices, suit against Avvo (Fla. Cir. Ct.), 561

DEFENSES

– Malpractice

– – FDCPA bona fide error defense, mistakes of law (U.S., oral arg), 53; (rvs), 251
– – Judgment defense, 178; jury instructions, text, 179

– Sleep apnea, criminal contempt (E.D. Tenn.), 698

DELAWARE

– Attorney-client privilege, information shared with financial adviser (Del.), 377

DEPARTING LAWYERS

See WITHDRAWAL FROM LAW FIRM

DISBARMENT

– Bar association refusal to sell membership list to disbarred member (Cal. Ct. App.), 128
– Baseless litigation against estranged wife of client (Wis.), 163
– Conspiracy to commit payroll fraud, guilty plea and later expungement (La.), 75
– Death sentence after murder conviction (Pa.), 505
– Drug trafficking conviction (Fla.), 560
– Fen-Phen case, misleading clients (Ky.), 346
– Foreign legal consultant holding self out as N.Y. lawyer (N.Y. App. Div.), 266
– Forging owner signature on real estate document for personal benefit (Fla.), 558
– Former firms, disbarred or suspended lawyers working for (Va. Op.), 12
– Long-term denial of duty to pay taxes (Fla.), 440
– Lying in disciplinary hearing to bolster fraudulent fee voucher (D.C.), 77
– Misleading guards to have sex with female inmate (W. Va.), 412
– Mortgage fraud (La.), 702
– Practice during suspension (Neb.), 728
– Prosecutor dismissing case against own client (La.), 205
– State disbarred lawyer, resignation from federal bar to escape second disbarment (7th Cir.), 755
– Stealing money from impaired father while acting as attorney-in-fact (Minn.), 388
– Stonewalling disciplinary probe (Wash.), 579
– Taking client money to make billing receipts more impressive (Md.), 754
– Tax evasion, continued practice of law under different firm name after business license revocation (Wash.), 165
– Voting rights scandal, state representative guilty plea (Mass.), 76

DISCIPLINARY PROCEEDINGS

– Conflicts of interest

– – Limits to choice of counsel (Miss.), 238
– – Parking rights dispute (Wis.), 674

– Corporate counsel, SEC discipline, 357; authority to censure, text, 358
– Costs assessed, discharge in bankruptcy (9th Cir.), 96
– Delay in proceedings not caused by bar as mitigating factor, suspension (Ga.), 645
– Depression as mitigating factor (Neb.), 728
– Global practice, choice-of-law rules, 447; proposals, 448
– Malpractice, withdrawal of grievance as part of settlement (Ohio Sup. Ct. Op.), 408
– Negotiating criminal conduct matters, guidelines (D.C.), 756
– State jurisdiction over wayward immigration lawyer (Tenn.), 387
– Stonewalling probe, disbarment (Wash.), 579
– Tribal lawyer challenge to state court jurisdiction, federal abstention (8th Cir.), 441

DISCIPLINED LAWYERS

– Admonishment

See ADMONISHMENT

– Disbarment

See DISBARMENT

– Reprimand

See REPRIMAND

– Sanctions

See SANCTIONS
– – Rule 11

See RULE 11 SANCTIONS

– Suspension

See SUSPENSION

DISCOVERY

– Arbitration preparation, malpractice, subpoena for claimant mental health records, anti-SLAPP law and litigation privilege (Cal. Ct. App.), 568
– Bogus lawsuit, attorney-client privilege use to defeat subpoena (S.D.N.Y.), 714
– Civil contempt re failure to produce subpoenaed documents, immediate appeal (4th Cir.), 89
– Deposition subpoena, direct contact with represented witness, reprimand (Or.), 411
– E-discovery, recent court decisions, report, 477
– Freedom of speech, use of information to seek clients (10th Cir.), 286
– Justice Dep't guidelines released, 55
– Patent infringement action, Qualcomm lawyers' discovery abuse (S.D. Cal.), 22; sanctions not warranted, 220
– Prosecutors

– – Extent of disclosure duty (Ohio), 137
– – Opinion work product, discovery in civil suit (Ky.), 336
– – Panelists discuss disclosure duty, 359
– – Subpoena issued to defense counsel, court approval (Kan.), 425

DISHONESTY

– Advising clients to surreptitiously tape conversations with others (Va. Op.), 608
– Bootleg DVDs, concealing pending lawsuit in bar application (Ohio), 317
– Client death, repeated lies re when lawyer knew, suspension (Minn.), 264
– Commingling and mishandling client funds, suspension (N.Y. App. Div.), 504
– Disciplinary proceedings, delay not caused by bar as mitigating factor, suspension (Ga.), 645
– Fraudulent fee voucher, lying in disciplinary hearing to bolster, disbarment (D.C.), 77
– Grades falsified on transcripts, suspension (Ill.), 344
– Misleading guards to have sex with female inmate, disbarment (W. Va.), 412
– Plagiarism in legal brief, reprimand (Iowa), 645
– Professional conduct rules, vagueness and overbreadth claims (D. Conn.), 747
– Real estate document, forging owner signature for personal benefit, disbarment (Fla.), 558
– Social networking pages of litigation party, usage of trickery to access (N.Y. City Op.), 607
– Suggesting that someone lie, rule prohibiting deceit (Wis.), 675
– Tampering with police property in interview room, suspension (Kan.), 643
– Tax issues

– – Evasion, continued practice of law under different firm name after business license revocation (Wash.), 165
– – Long-term denial of duty to pay taxes, disbarment (Fla.), 440

DISQUALIFICATION

See also CONFLICTS OF INTEREST
– Class actions, plaintiffs' firm interactions with managerial employee of defendant (D. Minn.), 457
– Commercial litigation, one conflicted defendant (W. Va.), 400
– Concurrent conflicts

– – Defendant and cooperating witness (S.D.N.Y.), 548
– – Mandatory disqualification (D.N.J.), 91
– – Proposal to end, pros and cons, 353; recent decisions, 354
– – Unrelated representations, Special Report, 479; examples, 481; simultaneous representation, keeping both clients, Special Report, 515; sample advance conflict waiver agreements, 519

– Corporate affiliate of client, representing party against (2nd Cir.), 529
– Divorce representation, hacking e-mail from opponent to counsel (Fla. Dist. Ct. App.), 70
– Job bias suit against school board on which firm associate serves as officer (E.D.N.Y.), 463
– Lawyer's substantial work for opponent at former firm, effect on current firm (W.D. Wis.), 632
– Malpractice, intended beneficiaries and successor entities, standing to sue or disqualify, 180
– Mortgage taken from client (N.J. Super. Ct. App. Div.), 494; rule, text, 494
– Multijurisdictional practice, N.Y. City Bar report, 415
– Opposing subsidiary of corporate client in unrelated litigation (W.D. Wis.), 375
– Prosecutors

– – Homicide case, representing accused after signing search warrants (Ga.), 464
– – Immediate appeal (S.C.), 339
– – Victim's mother's role in bringing rape charges (Colo.), 697

– Screening

– – Ethics screens (Cal. Ct. App.), 239
– – Fast screening after opponent notice re possible conflict, imputed disqualification (D. Utah), 712; Utah rule on lateral moves, 712
– – Paralegal, failed screening of (Tex. Ct. App.), 288

– State suit against defendant, standing to challenge firm hired on contingent fee basis to prosecute (Pa.), 533
– Victims' Rights Act, standing to seek disqualification of defense counsel (Ariz. Ct. App.), 428

DISTRICT OF COLUMBIA

– Conflicts of interest

– – Acquisition, lawyer inability to name specific affected client (D.C. Op.), 700
– – Immigration client, affidavit of support (D.C. Op.), 263
– – Temporary lawyer, imputation (D.C. Op.), 132

– Criminal conduct matters, guidelines for negotiating (D.C.), 756
– Fees

– – Advance fees held in escrow, lawyer withdrawal (D.C. Op.), 434
– – Arbitration of disputes, Md. firm representing D.C. client (Md. Ct. Spec. App.), 636
– – Division of fees with D.C. firm with nonlawyer partner (Phila. Op.), 556
– – Lying in disciplinary hearing to bolster fraudulent fee voucher, disbarment (D.C.), 77

– Incompetent client, surrogate decision-maker (D.C. Op.), 160
– Malpractice

– – Assignment of claims to litigation opponent as part of settlement (D.D.C.), 4
– – Personal representatives of estate, suit against lawyer preparing estate tax returns (D.C.), 527

– Solicitation of car accident victims, contact other than by mail (D.C.), 30

DIVISION OF FEES WITH LAWYERS

– Defective agreement, enforceability (Ala.), 671
– Departing lawyers

– – Fees earned before departure (Mo. Ct. App.), 698
– – Promise from law firm members to share fees from work after leaving (Tex. Op.), 45

– D.C. firm with nonlawyer partner (Phila. Op.), 556
– Failure to conform agreement with ethics rule (8th Cir.), 422
– Out-of-state counsel (Ariz. Op.), 409

DIVISION OF FEES WITH NONLAWYERS

– Social Security case, paying nonlawyer predecessor out of attorneys' fee (Me. Op.), 101

DIVORCE

– Conflicts of interest, settlement proposing opponent stop work on case, restriction on legal practice (D.N.M.), 92
– Disqualification, hacking e-mail from opponent to counsel (Fla. Dist. Ct. App.), 70
– Lawyer-client relationship, continued representation after cooperative law process failure (Tex. Ct. App.), 550
– Malpractice

– – Client assurances of satisfaction (N.Y. App. Div.), 698
– – Property settlement agreement, accrual of claim (Va.), 570

DUE PROCESS

– Access to file, use of federal law to sanction law firm re “scorched earth” fight with predecessor counsel (D. Nev.), 256
– Reprimand for uncharged infraction (Mont.), 235