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

WASHINGTON

– At-will employee, employment contract arbitration clause (Wash. Ct. App.), 10
– Contingent fees

– – Malpractice, client award reduced by fee lawyer would have earned (Wash.), 90
– – Post-trial settlement as basis for fees (Wash.), 638

– Prosecutor defamation and false light claims, expert testimony re ethics standards (Wash. Ct. App.), 97
– Stonewalling disciplinary probe, disbarment (Wash.), 579
– Tax evasion, continued practice of law under different firm name after business license revocation, disbarment (Wash.), 165

WEST VIRGINIA

– Disqualification, commercial litigation, one conflicted defendant (W. Va.), 400
– Evidence altered by producing only part of medical report, suspension (W. Va.), 727
– Malpractice, criminal representation

– – Immunity, lawyers appointed by federal courts (W. Va.), 226
– – Shifting venue to law firm's home state (N.D.W. Va.), 634

– Misleading guards to have sex with female inmate, disbarment (W. Va.), 412
– Sexual misconduct, racy letters and flirtatious phone calls to client (W. Va.), 103; state rule, text, 104

WHISTLEBLOWERS

– Contingent fees, light work in whistleblower claims (1st Cir.), 637
– Dodd-Frank bounty program, SEC proposal, 681; exclusions, 682
– Exposure of corporate wrongdoing, lawyer protections under state law (Minn.), 398
– Sarbanes-Oxley Act, in-house counsel retaliatory discharge claim (D. Nev.), 9
– Work product protections, effect of sharing documents with Justice Dept. (N.D. Ill.), 750

WILLS AND ESTATES

– Conflicts of interest

– – Estate administrator counsel, acceptance of surety company mandates for bond issuance (N.J. Op.), 751
– – Handling matter after prior appeal ruling in same case (Tex. Ct. App.), 283

– Incapacitated client, redoing will without consulting guardian, suspension (N.D.), 439
– Malpractice

– – Beneficiary as beneficial owner of estate claim (Va.), 251
– – Case-within-case doctrine, underlying matter litigated (Md.), 250
– – Estate-planning client, suit re firm's separate advice to husband (N.Y. App. Div.), 715
– – Estate representative standing re suit against decedent's lawyer (N.Y.), 369
– – 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

– Unauthorized practice, estate-planning firm, marginal role of lawyers (Ind.), 316

WISCONSIN

– Arbitration

– – Client consent to arbitration pact (Wis. Ct. App.), 528
– – In-house counsel, award forcing reinstatement (Wis.), 456

– Bar exam not required for in-state law school graduates, commerce clause challenge, settlement (W.D. Wis.), 206; state court vote to keep privilege, 616
– Baseless litigation against estranged wife of client, disbarment (Wis.), 163
– Conflicts of interest

– – Opposing subsidiary of corporate client in unrelated litigation (W.D. Wis..), 375
– – Parking rights dispute (Wis.), 674

– Ex parte communications, adult ward with guardian ad litem (Wis. Ct. App.), 43
– Judges, limits on political speech (7th Cir.), 379
– Mandatory state bar dues, use to conduct public image campaign (7th Cir.), 546
– Referring lawyer, duty if receiving lawyer falters (Wis. Op.), 701
– Reinstatement conditions, refraining from contact with ex-clients (Wis.), 203
– Suggesting that someone lie, rule prohibiting deceit (Wis.), 675

WITHDRAWAL FROM LAW FIRM

– Civil theft liability for lost firm clients (Fla. Dist. Ct. App.), 88
– Contingent fees, firm collection when client follows departing lawyer (Mo. Ct. App.), 718
– Division of fees with lawyers, limits (Mo. Ct. App.), 698
– Prejudice to client, avoiding (Ariz. Op.), 199
– Promise from members to share fees from work after leaving (Tex. Op.), 45

WITHDRAWAL FROM REPRESENTATION

– Civil Asset Forfeiture Reform Act (CAFRA), withdrawal after appointment (2nd Cir.), 405
– Contingent fees, withdrawal without good cause (Ky. Ct. App.), 669
– Post-conviction appeals, Anders brief requirement (Vt.), 43
– Rule 11 sanctions, party's motion against lawyer who has already withdrawn (11th Cir.), 333
– Unpaid fees, withdrawal from case nearing trial (R.I.), 746

WITNESSES AND TESTIMONY

– Concurrent conflicts of interest, defendant and cooperating witness (S.D.N.Y.), 548
– Deposition subpoena, direct contact with represented witness, reprimand (Or.), 411
– Experts

See EXPERT WITNESSES

– Privileged communications

See ATTORNEY-CLIENT PRIVILEGE; PRIVILEGED COMMUNICATIONS

WORK PRODUCT

– Document sharing with Justice Dept., effect on protections (N.D. Ill.), 750
– Expert witness, litigation opponent of prior client, firm standing to block (Tex. Ct. App.), 31
– Inadvertent disclosure by unauthorized person, Insights, 623
– Prosecutor opinion, discovery in civil suit (Ky.), 336
– Tax accrual workpapers (U.S., rev sought), 20; (rev den), 350
– Witness statements recorded by lawyers (Cal. Ct. App.), 154

WORKERS' COMPENSATION

– Contingent fees tied to amount recovered, inclusion of payment already received (7th Cir.), 423

WRONGFUL DEATH

– Contingent fee contract failing to provide statutory explanation, enforceability (D. Or.), 336; template for explanation, 337
– Malpractice, liability to third-party beneficiaries (Neb.), 64
– Work product protections, witness statements recorded by lawyers (Cal. Ct. App.), 154