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

MAINE

– Contingent fees, gross recovery as basis, setoff (Me.), 227
– Employment discrimination, law firm representation of employer after interview of complaining employee (Me.), 281
– Inflated self-image as civil rights hero and failure to appreciate seriousness of misconduct, reinstatement attempt (Me.), 322
– Malpractice, arbitrator finding, relitigation when law firm sues to enforce fee award (Me.), 666
– Medical marijuana use, advice required upon client inquiry (Me. Op.), 431
– Social Security case, paying nonlawyer predecessor out of attorneys' fee (Me. Op.), 101

MALPRACTICE

– Adverse result for client as evidence of duty breach (S.C.), 690
– Advertising and solicitation

See ADVERTISING AND SOLICITATION

– Affair with wife of client, breach of duty (Miss.), 373
– Affidavit of merit requirement

– – Indigent plaintiffs (Ga.), 405
– – Suit against out-of-state firms (N.J. Super. Ct. App. Div.), 372

– Alcohol smell on lawyer's breath during trial in underlying matter, admissibility (Iowa Ct. App.), 720
– Approving form and content of contract, suit against opposing lawyer (Cal. Ct. App.), 191
– Arbitrator finding, relitigation when law firm sues to enforce fee award (Me.), 666
– Assignment of claims

– – Circumvention of rule by acting as figurehead plaintiff (Ky.), 527
– – Litigation opponent as part of settlement (D.D.C.), 4
– – Secured loan agreement, assignment to creditor (Tex. Ct. App.), 460

– Bankruptcy case, removal to federal court (2nd Cir.), 492
– Case-within-case doctrine, underlying matter litigated (Md.), 250
– Civil theft claims, unfair trade practices (S.D. Fla.), 65
– Client award reduced by contingent fee lawyer would have earned (Wash.), 90
– Concurrent adverse representation, inference that secrets were disclosed (Utah), 370
– Confidentiality duty, liability for aiding client fraud (Mass. App. Ct.), 402
– Continued representation of client with claim against him, suspension (Kan.), 293
– Corporate practice

– – Affiliate loss, client suit against outside counsel (W.D. Pa.), 466
– – Counsel for parent firm and subsidiary, duty to affiliated entities (Neb.), 717
– – Derivative suit, asset sale (Cal. Ct. App.), 576

– Criminal representation, shifting venue to law firm's home state (N.D.W. Va.), 634
– Damages

– – Proximate cause, failure to timely appeal (Mass.), 491
– – Punitive damages, recoverability, Special Report, 761

– Debt collection practices, application of consumer protection law (Ga.), 368
– Deceptive trade practices, pension plan marketing (N.Y. App. Div.), 40
– Defenses

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

– Differences in laws, effect on proof of standard, causation, and damages, Special Report, 759
– Divorce representation

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

– Emerging technologies, standards of care, 271
– Estate-planning client, suit re firm's separate advice to husband (N.Y. App. Div.), 715
– Expert witness requirement, no further inquiry theory (Tenn. Ct. App.), 534
– Former client, petition against real estate project (Cal. Ct. App.), 152
– Global law firms, risk management, 269; planning for overseas offices, 270
– Guardian's lawyers, duty to wards (Mo. Ct. App.), 158
– Immunity

– – 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

– Innocence test, application to habeas corpus-based claim (N.H.), 406
– Insurance issues

See INSURANCE

– Intellectual property

– – Failed patent infringement cases, federal court jurisdiction (Cal. Ct. App.), 694
– – 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
– – Patent application, federal court jurisdiction (E.D. Mo.), 667; discussion, 668
– – Patentability, expert conclusion, causation (Fed. Cir.), 153
– – Trademark filing, anti-SLAPP defense (9th Cir.), 427

– Jurisdiction

– – Botched union negotiations, federal jurisdiction (S.D. Ohio), 426
– – Lost patent rights (Cal. Ct. App.), 225
– – Patent-based claim (D. Minn.), 41

– Legal advice and services as basis for aiding fraud and fiduciary duty breach claims (N.Y. App. Div.), 150
– Limited-scope contract, liability for staying within (Ind. Ct. App.), 526
– Litigation finance firm, suit against firm for helping client duck obligation (N.Y. Sup. Ct.), 459
– Litigation privilege

– – Arbitration preparation, subpoena for insurance claimant mental health records, anti-SLAPP law (Cal. Ct. App.), 568
– – Inducing ex-company president to reveal secrets (Tenn. Ct. App.), 151
– – Statements made about adversary's lawyer (Idaho), 549

– Medical malpractice actions

– – Co-counsel suit re advice given to mutual client (Md.), 190
– – Conflicts of interest, former client waiver (Cal. Ct. App.), 465
– – Wrong doctor named, reprimand (Va.), 164

– Nonclients

– – Disbursement of funds (Tex. Ct. App.), 552
– – Fees of third party, false assurances that client would pay (N.Y. App. Div.), 190
– – Liability as ERISA fiduciary, Special Report, 183; best practices to limit risk, 184
– – Third party for whom client holds power of attorney, duty to (S.C.), 461
– – Wrongful death, liability to third-party beneficiaries (Neb.), 64

– Nonresidential real estate, closing lawyer liability re failure to follow agreement (Ga. Ct. App.), 691
– Post-conviction relief, effect on suit against defense counsel (Alaska), 601
– Posting documents on Internet, judicial proceedings privilege (Md. Ct. Spec. App.), 309
– Prominent partner, law firm failure to use throughout case (Colo. Ct. App.), 192
– Securities fraud, liability for statements not attributable to law firm (2nd Cir.), 278
– Settlements

– – Fraud in inducement, client renouncing settlement (Ohio), 742
– – Medical providers, duty to protect interests (Colo. Ct. App.), 692
– – Minor's tort settlement, lawyer retained by guardian, duty to minor (Ky.), 193
– – Underlying matter, client settlement of (N.J.), 332
– – Unrepresented client (Tex. Op.), 162
– – Withdrawal of disciplinary grievance as part (Ohio Sup. Ct. Op.), 408

– Split post-conviction results (Or. Ct. App.), 699
– Standing

– – Attorney misconduct law, lawyer suit against competitor (N.D.), 568; law, text, 569
– – Estate representative, suit against decedent's lawyer (N.Y.), 369
– – Hopeful beneficiaries (Mont.), 381
– – Intended beneficiaries and successor entities, standing to sue or disqualify, 180
– – Katrina relief money, Congressional allocation, citizen suit (D.D.C.), 602

– Statute of repose, saving law (Ill. App. Ct.), 98
– Statutes of limitations

– – Client not misled by claimed deceit (Ga. Ct. App.), 665
– – Failure to timely file suit, client attempt to pursue underlying claim (Utah), 716

– Takeover attempt of client, helping corporate competitor (E.D. Pa.), 490
– Tax avoidance scheme, misstatements not tied to law firm (5th Cir.), 665
– Wills and estates

– – Beneficiary as beneficial owner of estate claim (Va.), 251
– – Executors' lawyer, duty to possible contingent beneficiaries of trust (Iowa Ct. App.), 693
– – Personal representatives of estate, suit against lawyer preparing estate tax returns (D.C.), 527
– – Prospective beneficiary, standing to sue testator's lawyer (Cal. Ct. App.), 743; other state decisions, 743

MARYLAND

– Arbitration of fee disputes, Md. firm representing D.C. client (Md. Ct. Spec. App.), 636
– Child custody, attorneys' fee award to pro bono group (Md.), 260
– Defective summary contempt order, correction and reissue on remand (Md.), 258; rule, text, 258
– Malpractice

– – Case-within-case doctrine, underlying matter litigated (Md.), 250
– – Mutual client, co-counsel suit re advice (Md.), 190
– – Posting documents on Internet, judicial proceedings privilege (Md. Ct. Spec. App.), 309

– Principal office location, telecommuting arrangement (D. Md.), 376; federal court rule, 376
– Taking client money to make billing receipts more impressive, disbarment (Md.), 754
– Vicodin pill traded for oral sex, suspension (Md.), 321

MASSACHUSETTS

– Abuse of process damages, injury to reputation and emotional distress (Mass.), 311
– Criminal defense lawyer, informing client of intimate relationship with appellate prosecutor (Mass.), 197
– Inability to account for client's cash, suspension (Mass.), 135
– Malpractice

– – Confidentiality duty, liability for aiding client fraud (Mass. App. Ct.), 402
– – Damages, failure to timely appeal as proximate cause of (Mass.), 491

– Unauthorized practice, allowing paralegal to run law practice out of office, suspension (Mass.), 581
– Voting rights scandal, state representative guilty plea, disbarment (Mass.), 76

MEDIATION

– Disbarred attorney, bar association refusal to sell membership list (Cal. Ct. App.), 128
– Lawyer-mediator, drafting parties' deal (ABA Op.), 433
– Lawyer participation, 118; participant resources, 118

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– Depression as mitigating factor in disciplinary proceedings (Neb.), 728
– Incapacitated client, redoing will without consulting guardian, suspension (N.D.), 439
– Incompetent client, surrogate decision-maker (D.C. Op.), 160
– Ineffective assistance of counsel, death penalty

– – Brain-damage testing, failure to pursue (U.S., vac), 318
– – Refusal to present evidence of client mental deficiencies (U.S., aff), 69

– Malpractice, arbitration preparation, subpoena for insurance claimant records, anti-SLAPP law and litigation privilege (Cal. Ct. App.), 568
– Post-9/11 distress, intent to convert funds (N.Y. App. Div.), 504
– Probation violation for trespassing on school grounds (La.), 438
– Stealing money from impaired father while acting as attorney-in-fact, disbarment (Minn.), 388

MERGERS AND ACQUISITIONS

– Conflicts of interest, lawyer inability to name specific client affected by acquisition (D.C. Op.), 700
– Malpractice, helping corporate competitor in takeover attempt of client (E.D. Pa.), 490

MICHIGAN

– ABA Model Rules, revisions issued, 679
– Nonlawyer assistant, use to communicate with client (Mich. informal Op.), 501
– Pro se litigant assistance, disclosure to court (Mich. informal Op.), 383; opinions of other jurisdictions, 384

MINNESOTA

– Client death, repeated lies re when lawyer knew, suspension (Minn.), 264
– Disqualification, class action plaintiffs' firm interactions with managerial employee of defendant (D. Minn.), 457
– Exposure of corporate wrongdoing, lawyer protections under whistleblower law (Minn.), 398
– Failure to explain serious risk of following advice, reprimand (Minn.), 756
– Forging client signature on document, suspension (Minn.), 538
– Judicial campaign restrictions, freedom of speech (6th Cir.), 497; text of law, 498
– Metadata in electronic document, burden to scrub (Minn. Op.), 262
– Stealing money from impaired father while acting as attorney-in-fact, disbarment (Minn.), 388

MINORS

See CHILDREN

MISAPPROPRIATION OF FUNDS

– Inability to account for client's cash, suspension (Mass.), 135
– Nonlawyers, access to firm trust funds (Fla.), 411
– Partner's fraudulent behavior, ignoring, suspension (N.Y. App. Div.), 345
– Post-9/11 distress, ability to convert funds (N.Y. App. Div.), 504

MISSISSIPPI

– Disciplinary proceedings, conflicts of interest, limits to choice of counsel (Miss.), 238
– Malpractice, affair between lawyer and wife of client (Miss.), 373

MISSOURI

– Accusatory statements re judge in pleading, contempt conviction, freedom of speech (Mo.), 314
– Conflicts of interest, representation of criminal defendant and alleged victim (Mo. Ct. App.), 600
– Contingent fees, firm collection when client follows departing lawyer (Mo. Ct. App.), 718
– Division of fees with lawyers, limits, departing lawyers (Mo. Ct. App.), 698
– Malpractice

– – Guardian's lawyers, duty to wards (Mo. Ct. App.), 158
– – Patent application, federal court jurisdiction (E.D. Mo.), 667; discussion, 668

– Nonrefundable unearned fees (Mo. Sup. Ct. Op.), 341
– Unauthorized practice, transfer of case hinging on application of state law (W.D. Mo.), 496

MJP

See MULTIJURISDICTIONAL PRACTICE (MJP)

MONTANA

– Child sex abuse, lawyer good faith belief photos were not pornography (Mont.), 48
– Conflicts of interest, public defender's office, codefendants represented by separate lawyers (Mont.), 696
– Malpractice, hopeful beneficiaries, standing (Mont.), 381
– Reprimand for uncharged infraction, due process (Mont.), 235
– Unauthorized practice, proposed rules (Mont.), 297; complaints against out-of-state lawyers, 298

MULTIJURISDICTIONAL PRACTICE (MJP)

– Accommodations made, changes needed, panelist discussion, 361
– N.Y. City Bar report, 415
– Out-of-state lawyers

– – In-house counsel (N.Y. Op.), 45; N.Y. Bar proposal, 704; text, 704
– – Occasional work in law firm in-state office (Tex. Op.), 342
– – Practicing under federal provision, suspension (Iowa), 265
– – Unauthorized practice, inactive lawyer using MJP rule, suspension (N.M.), 469

– Practice exception, registration in Cal., report, 171
– Supervision failure, out-of-state co-counsel, reprimand (Ind.), 582