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

ILLINOIS

– Attorney-client privilege, corporate executive communications with personal lawyer (Ill. App. Ct.), 224
– Grades on transcripts falsified, suspension (Ill.), 344
– Malpractice, statute of repose, saving law (Ill. App. Ct.), 98
– Prosecutor interviewing suspect represented in other matter (Ill.), 196
– State disbarred lawyer, resignation from federal bar to escape second disbarment (7th Cir.), 755
– Unauthorized practice, insurance firm use of own staff lawyers to defend insureds (Ill. App. Ct.), 495; law, text, 495
– Work product protections, effect of sharing documents with Justice Dept. (N.D. Ill.), 750

IMMUNITY

– Malpractice

– – Criminal defense lawyers appointed by federal courts (W. Va.), 226
– – Outside counsel assisting city investigation, civil rights suit (9th Cir.), 570
– – Paralegals, client negligence suit (E.D. Ky.), 749

– Prosecutorial immunity, fabricating evidence (U.S., dism), 44

IN-HOUSE COUNSEL

– Arbitration award forcing reinstatement (Wis.), 456
– Attorney-client privilege

– – Bar status of lawyer, failure to vet (S.D.N.Y.), 399
– – EU denial of privilege for in-house counsel (Euro. Ct. Justice), 284; upheld, 584
– – Former counsel in litigation with company (Tex. Ct. App.), 597

– Multijurisdictional practice (MJP)

– – Exception, registration in Cal., report, 171
– – Out-of-state lawyers (N.Y. Op.), 45; N.Y. Bar proposal, 704; text, 704

– Sarbanes-Oxley Act whistleblowers, retaliatory discharge claim (D. Nev.), 9
– Wrongful termination, counterclaim re fiduciary duty breach (N.Y. App. Div.), 67

INDIANA

– Advertising rules, revisions, 653; direct contact, text, 655
– Anti-gay bias rule violation, reprimand (Ind.), 321
– Deceased client, firm refusal to provide accounting of retainer fees to estranged wife (Ind. Ct. App.), 7
– Disclosing ex-client's marital troubles, reprimand (Ind.), 559
– Handwritten contingent fee agreement rider for additional retainer, reprimand (Ind.), 611
– Malpractice, liability for staying within limited-scope contract (Ind. Ct. App.), 526
– Supervision failure, out-of-state co-counsel, reprimand (Ind.), 582
– Unauthorized practice, estate-planning firm, marginal role of lawyers (Ind.), 316

INDIGENTS

– Legal Services Corp., removal of fee ban (9th Cir.), 381
– Malpractice

– – Affidavit of merit requirement (Ga.), 405
– – Immunity, criminal defense lawyers appointed by federal courts (W. Va.), 226

INEFFECTIVE ASSISTANCE OF COUNSEL

– Capital punishment

– – Brain-damage testing, failure to pursue (U.S., vac), 318
– – Demonization of client at closing (U.S., rvs), 42
– – Mitigating evidence, inadequate investigation (U.S., vac and rem), 429
– – Refusal to present evidence of client mental deficiencies (U.S., aff), 69

– Civil commitment law, bad advice (11th Cir.), 575
– Deportation from guilty plea, duty to advise client of risk (U.S., rvs and rem), 228
– Former client claim, confidentiality (ABA Op.), 578
– Mistrial, refusal of client wish for (4th Cir.), 99
– Phony counsel, representation by (10th Cir.), 230
– Prosecutor's “birthday party” for murder victim during closing argument, failure to object (Ga.), 699

INSURANCE

– Arbitration preparation, malpractice, subpoena for claimant mental health records, anti-SLAPP law and litigation privilege (Cal. Ct. App.), 568
– Assignment of insurance proceeds as fee payment (Tex. Op.), 320
– EAJA fees, liability insurer covering litigation expenses for prevailing party (7th Cir.), 131
– Lost earnings from future work, recovery from former client (N.M.), 664
– Malpractice coverage

– – Disclosure, Tex. rule, 105; court supports rule, 267
– – “Soft” market, discussion, 177

– Third-party litigation financing, market for large insurers, 348
– Unauthorized practice, use of own staff lawyers to defend insureds (Ill. App. Ct.), 495; law, text, 495

INTELLECTUAL PROPERTY

– Agency-private party communications, FOIA exemption (4th Cir.), 32
– Conflicts of interest

– – Advance waiver, application to subsequent clients (D. Utah), 598; waiver, text, 599
– – Concurrent conflicts, mandatory disqualification (D.N.J.), 91
– – Disqualification of current firm re lawyer's substantial work for opponent at former firm (W.D. Wis.), 632
– – Imputed disqualification, fast screening after opponent notice re possible conflict (D. Utah), 712; Utah rule on lateral moves, 712

– Copyright infringement suit, sanctions against consulting lawyer re lead counsel misconduct (7th Cir.), 458
– Malpractice

– – Expert conclusion re patentability, causation (Fed. Cir.), 153
– – Frivolous lawsuit, inventor attempt to use federal law to support claim (Fed. Cir.), 334
– – Harming one patent client by helping another (N.D. Cal.), 371
– – Trademark filing, anti-SLAPP defense (9th Cir.), 427

– Malpractice jurisdiction

– – Failed patent infringement cases, federal court (Cal. Ct. App.), 694
– – Lost patent rights (Cal. Ct. App.), 225
– – Patent application, federal court (E.D. Mo.), 667; discussion, 668
– – Patent-based claim (D. Minn.), 41

– Patent infringement actions

– – Discovery abuse by Qualcomm lawyers (S.D. Cal.), 22; sanctions not warranted, 220
– – Sharing documents for possible litigation financing, privilege (D. Del.), 430
– – Trial conduct, continued litigation after adverse pretrial ruling (Fed. Cir.), 279

– Trademark dilution, malicious prosecution claim against firm representing Princess Diana's estate (Cal. Ct. App.), 308

INTERNATIONAL DEVELOPMENTS

– Australia, funding class actions, 450
– Choice-of-law rules, 447; proposals, 448
– India, foreign firms with satellite offices, unauthorized practice, 17
– Law practice, developments, ABA Ethics 20/20 Commission, 510
– Model Rules, proposals to relax restrictions on foreign attorneys, 295; release for comment, 347; suggested changes, 347
– Outsourcing legal services

– – Conference, 449; steps to fulfill supervisory duties, 449
– – N.Y. City Bar report, 19

– Qatar, proposed restrictions on foreign law firms, 656
– Regulation of bar

– – Globalization, addressing changes, 444
– – Universal legal ethics code, 445

INTERNET

– Advertising and solicitation

See generally ADVERTISING AND SOLICITATION

– Attorney-client privilege, client blog, e-mail, and chat sessions, protection of related information (N.D. Cal.), 713
– Confidential client information, storage online with third-party provider (N.Y. Op.), 639
– Conflicts of interest, website inviting e-mail from public (N.H. Op.), 467
– Derogatory website post, lawyer defamation suit against author (Tex. Ct. App.), 197
– E-mail

See E-MAIL

– Judges, social networking sites

– – Becoming friends with lawyers appearing in courtroom (Ohio Sup. Ct. Op.), 752
– – Facebook, judges including lawyers as friends, 79

– Litigation party's social networking pages, usage of trickery to access (N.Y. City Op.), 607
– Malpractice

– – Emerging technologies, standards of care, 271
– – Expert conclusion re patentability of social networking website, causation (Fed. Cir.), 153
– – Posting documents, judicial proceedings privilege (Md. Ct. Spec. App.), 309

– Meritless claim, sanction based on argument contradicting firm website (Minn. Ct. App.), 744

IOWA

– Assisting breach of no-contact order, suspension (Iowa), 725
– Consensual sex with client, suspension (Iowa), 471
– Malpractice

– – Alcohol smell on lawyer's breath during trial in underlying matter, admissibility (Iowa Ct. App.), 720
– – Executors' lawyer, duty to possible contingent beneficiaries of trust (Iowa Ct. App.), 693

– Out-of-state lawyer practicing under federal MJP provision, suspension (Iowa), 265
– Peeping into bedroom and bathroom windows, suspension (Iowa), 437
– Plagiarism in legal brief, reprimand (Iowa), 645
– Unilateral disclosure of client information, suspension (Iowa), 202