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

TAXATION

– Concurrent conflicts of interest, defendant and cooperating witness (S.D.N.Y.), 548
– Malpractice

– – Personal representatives of estate, suit against lawyer preparing estate tax returns (D.C.), 527
– – Tax avoidance scheme, misstatements not tied to law firm (5th Cir.), 665

– Reinstatement, shedding tax debt by filing bankruptcy (Okla.), 580
– Tax assessment case, city payment of contingent fee (Cal. Ct. App.), 38
– Tax evasion

– – Continued practice of law under different firm name after business license revocation, disbarment (Wash.), 165
– – Long-term denial of duty to pay taxes, disbarment (Fla.), 440
– – Suspension (N.Y. App. Div.), 14

– Work product, tax accrual workpapers (U.S., rev sought), 20; (rev den), 350

TENNESSEE

– ABA Model Rules, revisions issued, 617; nonrefundable fees, rule and comments, 618
– Criminal contempt, sleep apnea defense (E.D. Tenn.), 698
– Immigration lawyer, neglect, dishonesty, and frivolous appeals, suspension (Tenn.), 387
– Malpractice

– – Expert witness requirement, no further inquiry theory (Tenn. Ct. App.), 534
– – Litigation privilege, inducing ex-company president to reveal secrets (Tenn. Ct. App.), 151

– Personal injury settlement, lawyer promise to indemnify third party against debts (Tenn. Op.), 641
– Reinstatement, moral qualifications, factors in denial (Tenn.), 15
– Unearned fees, suit for return, expert evidence (Tenn. Ct. App.), 339

TERRORISM

– Defense lawyer materially aiding terrorists, sentencing (2d Cir.), 8
– DOJ torture memo lawyers, disciplinary referral, 139
– Enemy combatants housed at Guantanamo Bay, lawyer access to NSA electronic interception of consultations (2d Cir.), 33

TESTIMONY

See WITNESSES AND TESTIMONY

TEXAS

– ABA Model Rules, proposed revisions, vote set, 705; voting requirement, text, 706
– Assignment of insurance proceeds as fee payment (Tex. Op.), 320
– Attorney-client privilege, former in-house counsel in litigation with company (Tex. Ct. App.), 597
– Conflicts of interest

– – Nonlawyer employee who worked for opposing counsel, screening (Tex.), 547
– – Paralegal, failed screening of (Tex. Ct. App.), 288
– – Probate proceeding, handling matter after prior appeal ruling in same case (Tex. Ct. App.), 283

– Derogatory website post, lawyer defamation suit against author (Tex. Ct. App.), 197
– Ex parte contacts by enforcement officers, government lawyer duty to prevent (Tex. Op.), 535
– Expert witness, litigation opponent of prior client, firm standing to block (Tex. Ct. App.), 31
– Fee sharing from work after leaving (Tex. Op.), 45
– Lawyer-client relationship, continued representation after cooperative law process failure (Tex. Ct. App.), 550
– Malpractice

– – Assignment of claims to creditor under secured loan agreement (Tex. Ct. App.), 460
– – Insurance coverage, disclosure rule, 105; court supports rule, 267
– – Nonclients, disbursement of funds (Tex. Ct. App.), 552
– – Settlement with unrepresented client (Tex. Op.), 162

– Oral promise to pay corporate officer's legal fees (Tex. Ct. App.), 318
– Out-of-state firm lawyers, occasional work in in-state office (Tex. Op.), 342
– Reinstatement, maintaining bankruptcy office in state where not licensed, unauthorized practice (Okla.), 386
– Targeted mail to arrestees, waiting period (W.D. Tex.), 195; Tex. law, text, 195
– Third-party expenses, markup, informed consent (Tex. Op.), 161

THEFT

– Departed lawyer, civil liability re lost firm clients (Fla. Dist. Ct. App.), 88
– Stealing money from impaired father while acting as attorney-in-fact, disbarment (Minn.), 388

TRIAL CONDUCT

– Abuse of process damages, injury to reputation and emotional distress (Mass.), 311
– Access to file, use of federal law to sanction law firm re “scorched earth” fight with predecessor counsel (D. Nev.), 256
– Adverse pretrial ruling, continued patent infringement litigation after (Fed. Cir.), 279
– Advice leading client to seize pot clinic, suspension (Or.), 472
– Arbitration misconduct, court power to sanction lawyer (5th Cir.), 571
– Child sex abuse, lawyer good faith belief photos were not pornography (Mont.), 48
– Class action denial, rehearing, warning re lawyer tone (7th Cir.), 745
– Copyright infringement suit, sanctions against consulting lawyer re lead counsel misconduct (7th Cir.), 458
– Deceased client, firm refusal to provide accounting of retainer fees to estranged wife (Ind. Ct. App.), 7
– Deceit law, out-of-state conduct (N.Y. Sup. Ct.), 98
– Employment discrimination, post-judgment jury probe (10th Cir.), 129
– Evidentiary issues

– – Altering evidence by producing only part of medical report, suspension (W. Va.), 727
– – Destroying documents taken from former firm, suspension (Ohio), 539
– – Doctored evidence, summary contempt (Va.), 157
– – E-discovery, recent court decisions, report, 477
– – Forging client signature on document, suspension (Minn.), 538
– – Patent case, discovery lapses (S.D. Cal.), 220
– – Qualcomm lawyers' discovery abuse, patent infringement matter (S.D. Cal.), 22
– – Sham documents used in flawed appeal, suspension and reprimand (9th Cir.), 436

– Frivolous lawsuits

See FRIVOLOUS LITIGATION

– Good faith pursuit of flawed strategy, unlawful conduct (Ohio), 102
– Judge's critical commentary, appealable misconduct (2d Cir.), 95
– Jury trial, failure to report for (Fla. Dist. Ct. App.), 695
– Malicious prosecution claim against firm representing Princess Diana's estate (Cal. Ct. App.), 308
– Meritless claim, sanction based on argument contradicting firm website (Minn. Ct. App.), 744
– Mock jury, convening in same locale where venire has been summoned for trial (San Diego County Op.), 385
– Rule 11 sanctions

See RULE 11 SANCTIONS

– Settlement, bullying by lawyer (Cal. Ct. App.), 605