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

SANCTIONS

– Access to file, use of federal law to sanction law firm re “scorched earth” fight with predecessor counsel (D. Nev.), 256
– Admonishment

See ADMONISHMENT

– Arbitration misconduct, court power to sanction lawyer (5th Cir.), 571
– Copyright infringement suit, sanctions against consulting lawyer re lead counsel misconduct (7th Cir.), 458
– Disbarment

See DISBARMENT

– Doctored evidence, summary contempt (Va.), 157
– E-discovery, recent court decisions, report, 477
– E-mails leaked, flawed response, sanction (W.D. Pa.), 127
– Ghostwriting “pro se” pleadings for bankruptcy client, fine (N.D. Cal.), 638; withdrawal, 698
– Jury trial, failure to report for, negligence-based sanction (Fla. Dist. Ct. App.), 695
– Meritless claim, sanction based on argument contradicting firm website (Minn. Ct. App.), 744
– Reprimand

See REPRIMAND

– Rule 11

See RULE 11 SANCTIONS

– Suspension

See SUSPENSION

SCREENING

– Disqualification, 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
– Nonlawyer employee who worked for opposing counsel (Tex.), 547
– Paralegal, failed screening of (Tex. Ct. App.), 288

SECURITIES

– Anti-money laundering, ABA guidance, 506
– Corporate counsel, SEC discipline, 357; authority to censure, text, 358
– Flat fee traced to Ponzi scheme proceeds, disgorgement into constructive trust (9th Cir.), 532
– Malpractice

– – Derivative suit, asset sale (Cal. Ct. App.), 576
– – Fraud, liability for statements not attributable to law firm (2nd Cir.), 278
– – Tax avoidance scheme, misstatements not tied to law firm (5th Cir.), 665

– Whistleblowers

– – Dodd-Frank bounty program, SEC proposal, 681; exclusions, 682
– – Sarbanes-Oxley Act, in-house counsel retaliatory discharge claim (D. Nev.), 9

SELF-REPRESENTATION

See PRO SE REPRESENTATION

SETTLEMENTS

– Bar exam not required for in-state law school graduates, challenge to Wis. rule (W.D. Wis.), 206; state court vote to keep privilege, 616
– Bullying by lawyer (Cal. Ct. App.), 605
– Conflicts of interest

– – Proposal that opponent stop work on case, restriction on legal practice (D.N.M.), 92
– – Yielding right to seek other cases against opponent (S.C. Op.), 556

– Contingent fees

– – Post-trial settlement as basis (Wash.), 638
– – Withdrawal from representation without good cause (Ky. Ct. App.), 669

– Judge's critical commentary, appealable misconduct (2d Cir.), 95
– Malpractice

– – Assignment of claims to litigation opponent as part of settlement (D.D.C.), 4
– – Client settlement of underlying matter (N.J.), 332
– – 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
– – Unrepresented client (Tex. Op.), 162
– – Withdrawal of disciplinary grievance as part (Ohio Sup. Ct. Op.), 408

– Personal injury, lawyer promise to indemnify third party against debts (Tenn. Op.), 641
– Public interest lawyers, bargaining on attorneys' fees and merits (N.J.), 66

SEXUAL MISCONDUCT

– Affair with spouse of client

– – Admonishment (S.C.), 582
– – Malpractice (Miss.), 373

– Consensual sex with client, suspension (Iowa), 471
– Harassment of clients, suspension (N.J.), 503
– Partner assault on employee, law firm liability (La. Ct. App.), 374
– Public indecency conviction, reprimand (Okla.), 235
– Racy letters and flirtatious phone calls to client (W. Va.), 103; state rule, text, 104
– Relations with clients, potential perils (Va. Op.), 73
– Unilateral disclosure of client information, suspension (Iowa), 202
– Vicodin pill traded for oral sex, suspension (Md.), 321

SOLICITATION

See ADVERTISING AND SOLICITATION

SOUTH CAROLINA

– Collaborative law practice as form of limited-scope representation (S.C. Op.), 319; opinions of other jurisdictions, 319
– Confidentiality, common interest doctrine, exchanges among state attorneys general (S.C.), 254
– Disqualification of prosecutor, immediate appeal (S.C.), 339
– In-person solicitation ban, passing out coupons to real estate lenders and agents (S.C.), 47
– Malpractice

– – Adverse result for client as evidence of duty breach (S.C.), 690
– – Third party for whom client holds power of attorney, duty to (S.C.), 461

– Settlement yielding right to seek other cases against opponent (S.C. Op.), 556
– Sexual affair with spouse of client, admonishment (S.C.), 582
– Unauthorized practice, nonlawyer businesses, prosecution of misdemeanors (S.C.), 551

STANDING

– Expert witness, litigation opponent of prior client, firm standing to block (Tex. Ct. App.), 31
– In-state office, N.J.-based lawyer, challenge to N.Y. requirement (N.D.N.Y.), 124
– Malpractice

– – 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
– – Prospective will or trust beneficiary, standing to sue testator's lawyer (Cal. Ct. App.), 743; other state decisions, 743

– Nonclients, challenge to joint representation by opposing counsel (Cal. Ct. App.), 493
– State suit against defendant, challenging firm hired on contingent fee basis to prosecute (Pa.), 533
– Victims' Rights Act, seeking disqualification of defense counsel (Ariz. Ct. App.), 428

STATUTES OF LIMITATION

– Malpractice

See MALPRACTICE, subheading: Statutes of limitations

SUPREME COURT, U.S.

– Attorneys' fees

– – Civil rights cases, enhancement for superior performance (aff), 255
– – Equal Access to Justice Act award, offset against prior client debts (rvs and rem), 378
– – ERISA suit, recovery by nonprevailing parties (rvs and rem), 339

– BAPCPA debt relief agency restrictions, limits on lawyers' free speech rights (rvs), 155; impact of decision, 172
– Federal rules amendments, approval, 327
– Ineffective assistance of counsel

– – Capital punishment

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

– – Deportation from guilty plea, duty to advise client of risk (rvs and rem), 228

– Malpractice, FDCPA bona fide error defense, mistakes of law (oral arg), 53; (rvs), 251
– Prosecutorial immunity, fabricating evidence (dism), 44
– Work product, tax accrual workpapers (rev sought), 20; (rev den), 350

SUSPENSION

– Advice leading client to seize pot clinic (Or.), 472
– Anti-contact rule, violation by lawyer acting pro se (N.D.), 615
– Cash of client, inability to account for (Mass.), 135
– City attorney divulging confidences about public officials (Kan.), 102
– Client death, repeated lies re when lawyer knew (Minn.), 264
– Commingling and mishandling client funds (N.Y. App. Div.), 504
– Consensual sex with client (Iowa), 471
– Continued representation of client with malpractice claim (Kan.), 293
– Debt case, appearing for client's daughter without her knowledge (Ohio), 237
– Destroying documents taken from former firm (Ohio), 539
– Disbarred or suspended lawyers, work for former firms (Va. Op.), 12
– Disciplinary proceedings, delay not caused by bar as mitigating factor (Ga.), 645
– Downloading porn, conviction (Ohio), 540
– Eviction suit against client/tenants (N.Y. App. Div.), 236
– Evidence altered by producing only part of medical report (W. Va.), 727
– Federally-licensed lawyer, acts outside of federal practice (3rd Cir.), 612
– Forging client signature on document (Minn.), 538
– Former-client conflict, deceased client (Or.), 502
– Frivolous motion filing (D. Ariz.), 612
– Grades on transcripts falsified (Ill.), 344
– Ignoring law partner's fraudulent behavior (N.Y. App. Div.), 345
– Immigration lawyer, neglect, dishonesty, and frivolous appeals (Tenn.), 387
– Incapacitated client, redoing will without consulting guardian (N.D.), 439
– No-contact order, assisting breach (Iowa), 725
– Out-of-state lawyers

– – Inactive lawyer using MJP rule (N.M.), 469
– – Practicing under federal MJP provision (Iowa), 265

– Peeping into bedroom and bathroom windows (Iowa), 437
– Prescriptions written without physician license (Ohio), 292
– Pro bono work, request to shorten suspension to allow (Alaska), 702
– Prosecutors

– – Withdrawal as counsel for criminal clients, timeliness (La.), 204
– – Withholding evidence, improper closing arguments, and violations of court order (Cal. Bar Ct. Review Dep't), 136

– Secrecy agreement, getting victim to sign, suspension (La.), 677
– Sexual harassment of clients (N.J.), 503
– Sham documents used in flawed appeal (9th Cir.), 436
– Supervision of dishonest paralegal lacking (La.), 293
– Tampering with police property in interview room (Kan.), 643
– Tax evasion (N.Y. App. Div.), 14
– Unauthorized practice of law

– – Paralegal allowed to run law practice out of office (Mass.), 581
– – Suspended lawyer hiring independent contractor do to work for solo practice (Kan.), 537

– Unilateral disclosure of client information (Iowa), 202
– Vicodin pill traded for oral sex (Md.), 321