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

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FEDERAL COURTS

– Federally-licensed lawyer, acts outside of federal practice, suspension (3rd Cir.), 612
– Malpractice

– – Bankruptcy case, removal (2nd Cir.), 492
– – Immunity, criminal defense lawyers appointed by federal courts (W. Va.), 226
– – Jurisdiction

– – – Botched union negotiations (S.D. Ohio), 426
– – – Failed patent infringement cases (Cal. Ct. App.), 694
– – – Patent application (E.D. Mo.), 667; discussion, 668

– State disbarred lawyer, resignation from federal bar to escape second disbarment (7th Cir.), 755
– Tribal lawyer challenge to state court jurisdiction, federal abstention (8th Cir.), 441
– Unadmitted lawyers

– – Ghostwriting “pro se” pleadings for bankruptcy client, fine (N.D. Cal.), 638; sanction, withdrawal, 698
– – Repeat appearances, reprimand and ban (2d Cir.), 75

FEES

– Ed. Note: This heading covers client-paid fees. For court-awarded fees, see ATTORNEYS' FEES.
– Advance fees held in escrow, lawyer withdrawal (D.C. Op.), 434
– Arbitration of fee disputes

– – Arbitrator whose law practice focused on law firms (Cal. Ct. App.), 633
– – Md. firm representing D.C. client (Md. Ct. Spec. App.), 636
– – Nonbinding award, effect of retainer clause (Ga. Ct. App.), 720

– Assignment of insurance proceeds as payment (Tex. Op.), 320
– Billing

See BILLING

– Charging liens

– – Expert testimony, reasonableness of lien (Fla. Dist. Ct. App.), 466
– – Statutory lien on client award, existing creditor security interest (Colo. Ct. App.), 748

– Contingent fees

See CONTINGENT FEES

– Division

– – Lawyers

See DIVISION OF FEES WITH LAWYERS

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

– Exposed credit card info on government website, lawyer claim (Fed. Cir.), 721
– Flat fee traced to Ponzi scheme proceeds, disgorgement into constructive trust (9th Cir.), 532
– Fraudulently misleading clients in Fen-Phen case, disbarment (Ky.), 346
– Legal Services Corp., removal of ban (9th Cir.), 381
– Malpractice, false assurances that client would pay third-party fees (N.Y. App. Div.), 190
– Oral promise to pay corporate officer's fees (Tex. Ct. App.), 318
– Retainers

See RETAINER AGREEMENTS

– Third-party expenses, markup, informed consent (Tex. Op.), 161
– Unearned fees

– – Nonrefundable fees (Mo. Sup. Ct. Op.), 341
– – Suit for return of fees, expert evidence (Tenn. Ct. App.), 339

– Unpaid fees

– – Lawyer suit to recover (N.C. Ct. App.), 5
– – Reluctant e-mail agreement to discount fees (5th Cir.), 605
– – Suits to collect, 174
– – Withdrawal from representation in case nearing trial (R.I.), 746

FIDUCIARY DUTY

– Attorney-client privilege, corporate executive communications with personal lawyer re outside business dealings (Ill. App. Ct.), 224
– Contract lawyer, duty to law firm client (Phila. Op.), 407
– Legal advice and services as basis for aiding fraud and fiduciary breach claims (N.Y. App. Div.), 150

FILES OF CLIENT

See CLIENT FILES

FIRST AMENDMENT

See FREEDOM OF SPEECH

FLORIDA

– Advertising rules, constitutionality (11th Cir.), 390; effective date, delay, 391; text, 442; firms protest, 562
– Charging lien, expert testimony on reasonableness of fees (Fla. Dist. Ct. App.), 466
– Defamation and unfair trade practices, suit against Avvo (Fla. Cir. Ct.), 561
– Departed lawyer, civil theft liability re lost firm clients (Fla. Dist. Ct. App.), 88
– Disqualification, divorce representation, hacking e-mail from opponent to counsel (Fla. Dist. Ct. App.), 70
– Drug trafficking conviction, disbarment (Fla.), 560
– Failure to report for jury trial, negligence-based sanction (Fla. Dist. Ct. App.), 695
– Forging owner signature on real estate document for personal benefit, disbarment (Fla.), 558
– Long-term denial of duty to pay taxes, disbarment (Fla.), 440
– Malpractice, civil theft claims, unfair trade practices (S.D. Fla.), 65
– Name of firm, “Legal Experts” (Fla.), 343; specialization claims, rule, 343
– Nonlawyers, access to firm trust funds (Fla.), 411
– Privileged communications

– – Inadvertent disclosure, civil procedure rule (Fla.), 589; text, 589
– – Litigation privilege, filing lis pendens notice (Fla. Dist. Ct. App.), 197
– – Reviewing computer data client took from opponent, disqualification (Fla. Dist. Ct. App.), 94

– Retaining lien in contingent fee matter (Fla. Dist. Ct. App.), 259
– Unauthorized practice, private party action, state finding (Fla.), 315

FOIA

See FREEDOM OF INFORMATION

FORGERY

– Client signature on document, suspension (Minn.), 538
– Owner signature on real estate document for personal benefit, disbarment (Fla.), 558
– Perjury by client, remedy (N.Y. Op.), 199

FORMER CLIENTS

– Attorney-client privilege, order requiring production of protected materials, interlocutory appeal (9th Cir.), 668
– Conflicts

See CONFLICTS OF INTEREST, subheading: Former clients

– Lost earnings from future work, recovery (N.M.), 664
– Malpractice, petition against real estate project (Cal. Ct. App.), 152

FREEDOM OF INFORMATION

– Agency-private party communications, exemption (4th Cir.), 32

FREEDOM OF SPEECH

– Accusatory statements re judge in pleading, contempt conviction (Mo.), 314
– BAPCPA debt relief agency restrictions, limits on lawyers' rights

– – (2nd Cir.), 381; 574
– – (U.S., rvs), 155; impact of decision, 172

– Discovery information, usage to seek clients (10th Cir.), 286
– Judges

– – Campaign restrictions (6th & 8th Cirs.), 497; Ky. law, text, 497; Minn. law, text, 498
– – Political speech, limits on (7th Cir.), 379

FRIVOLOUS LITIGATION

– Estranged wife of client, baseless litigation against, disbarment (Wis.), 163
– Malpractice claim, inventor attempt to use federal law (Fed. Cir.), 334
– Motion filing, suspension (D. Ariz.), 612

FUNDS OF CLIENT

See CLIENT FUNDS AND PROPERTY