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

ABA

ABETTING

ADMINISTRATIVE LAW

– Reciprocal discipline rule inapplicable to action taken by agencies (Ark.), 353; text of rule, 353

ADMISSION TO THE BAR

– Conditional admission, proposed Model Rule allowing for applicants with troubled history may face snag over confidentiality issue, 18; text, 18; rule approved, 92; conferees discuss, 297
– MJP

See MULTIJURISDICTIONAL PRACTICE (MJP)

– Pro hac vice admission

– – Court may revoke status but may not reprimand or order payment of fees (Cal. Ct. App.), 48
– – Lack of candor on application, lawyer banned from future requests for two years (Ind.), 289
– – Minor breach of registration rules may not be used to revoke status (Fla. Dist. Ct. App.), 76

– Reinstatement, in-house counsel's long neglect of license warrants penalties before return to bar (Okla.), 147
– Ripeness doctrine prevents federal challenge to possible future denials (6th Cir.), 283

ADMONISHMENT

– Personal injury lawyer use of boilerplate contingent fee contract with lopsided discharge terms (Mass.), 219

ADVERSE REPRESENTATION

– Incapacitated husband and his wife, lawyer disbarred for representing both parties (N.M.), 169; disciplinary counsel immune from suit for bringing allegedly baseless action on unrelated charges (10th Cir.), 184

ADVERTISING AND SOLICITATION

– Avvo ratings

– – Fla. allows use, N.J. releases lawyer data, 247
– – System is protected speech (W.D. Wash.), 4

– Celebrity photos on lawyer's Web site banned as implied endorsements (Philadelphia Bar Ass'n Op.), 110
– E-mail, lawyers may use service providers that scan messages to insert ads (N.Y. Op.), 110
– Fla. rules, public interest group files challenge (M.D. Fla.), 65; federal court abstention rejected, 139
– For-profit Internet referral services, lawyers may take part (D.C. Op.), 58
– For-profit network requiring members to make cross-referrals, lawyer cannot take part (Mass. Op.), 241
– Marketing arrangement for living trusts, lawyer suspended (Ohio), 197
– Preferred listing acceptable if clients told how lawyers get on list (Philadelphia Bar Ass'n Op.), 35
– Stolen client, claim barred by anti-SLAPP law (Cal. Ct. App.), 140
– “Super Lawyers” or “Best Lawyers” directories

– – Inclusion, lawyers may tout (Del. Op.), 166; (N.C. Op.), 145
– – Ratings given by publishers may be listed in marketing materials (Iowa Op.), 35

– Unsolicited faxes re malpractice issues and trends violated federal law (N.Y. App. Div.), 54
– Web marketing, appropriate regulation, conferees discuss, 299

AGING LAWYERS

– Discrimination action against Sidley Austin, EEOC lawyer discusses, 116

AIDING AND ABETTING

– Health care fraud scheme, lawyer disbarred for aiding client efforts to obscure (Okla.), 243

ALABAMA

– Judges, state bar may not discipline while lawyer on bench (Ala.), 171

ALIENS AND CITIZENSHIP

– Ineffective assistance of counsel

– – Immigration consequences of guilty plea, affirmative misadvice not ineffective (Ky.), 81
– – Mexican national living in U.S. for over 20 years granted new chance to avoid removal (9th Cir.), 82
– – Nondisclosure of hearing date and deportation order, case reopened (2d Cir.), In Brief, 142

AMERICAN BAR ASSOCIATION (ABA)

– Cal. proposed rules depart from ABA Model Rules, 173; conflicts of interest, text of draft rule, 173
– Conditional admission, proposed Model Rule allowing for applicants with troubled history may face snag over confidentiality issue, 18; text, 18; rule approved, 92; conferees discuss, 297
– Confidentiality, insurance defense counsel lacks implied authority to share harmful secrets between clients (ABA Op.), 240
– Disclosure and consent needed before representing client before judge who is client in unrelated case (ABA Op.), 241
– Federal contractors, ABA warns against disclosure provisions in proposed rule, 359
– In-house counsel, registration requirements, ABA to consider proposed Model Rule, 269; text, 269
– Ineffective assistance, ABA guidelines do not establish defense standards (4th Cir.), In Brief, 164
– Screening, ABA to consider amending rules to allow for lateral hires, 324; proposal, text, 324

ANALYSIS AND PERSPECTIVE

– Private firms, withdrawal and termination, 330; 361

ANTITRUST

– Class action, lawyer's minimal role justified contingent fee reduction (Wis. Ct. App.), 50

APPEALS

– Contingent fee, state limit blocks trial lawyer from charging extra for appeal (Mich. Ct. App.), 281
– Frivolous appeal, independent prosecutor to investigate personal injury lawyers in “Erin Brockovich” case (9th Cir.), 327
– Ineffective assistance of counsel

– – Guilty plea, failure to mention appeal not ineffective (Ill.), In Brief, 239
– – New counsel to make claim re trial counsel, no threshold showing required to obtain (Ga.), 141

– Scorched-earth litigation tactics, sanctions order justified despite appeal (S.D.N.Y.), 245
– Spending flat fee before earning it, lawyer suspended (N.M.), 88

APPOINTED COUNSEL

– Anders no-merit brief requires motion to end representation (Tex.), In Brief, 238

ARBITRATION

– Abstention rule applies to fee arbitration case (N.D. Cal.), In Brief, 190
– Failure to mount proper court challenge renders ruling binding (Cal. Ct. App.), 233
– Fee contract agreements, rule changes adopted (Fla.), 42; text, 42
– Fee dispute, arbitrator not disqualified by tenuous link to party (Cal. Ct. App.), In Brief, 262
– Malpractice, firm that participated in discovery waived right (Ill. App. Ct.), 185
– Out-of-state lawyers

– – Fees for work done in N.Y. matter, Tex. lawyer may keep (S.D.N.Y.), 136
– – SEC rule change allows representation of parties, 67

– Remand of fee dispute for clarification after confirmation not allowed (Tex. Ct. App.), 137

ARKANSAS

– Attorney-client privilege waiver, new rules limit claims after inadvertent disclosure (Ark.), 41; text, 41
– Child custody modification, prosecutor may represent father while office brings criminal charges against mother's current spouse (Ark.), In Brief, 238
– Malpractice, deceptive trade practice act does not apply to practice of law (Ark.), 314
– Reciprocal discipline rule inapplicable to action taken by administrative agencies (Ark.), 353; text of rule, 353

ATTORNEY-CLIENT PRIVILEGE

See also WORK PRODUCT
– Assignment of claims to third party may not waive protections (Tex. Ct. App.), In Brief, 261
– “At issue waiver,” scope narrowed in hedge fund malpractice suit against law firm (N.Y. App. Div.), 346
– Client records, providing copies to government destroys protection re originals (D.C. Cir.), 316
– Compelled production of private material, privilege holder must act quickly to avoid waiver finding (10th Cir.), 163
– Corporate protections

– – Leahy (D-Vt) promises bill if DOJ fails to revise policy, 270
– – Senate bills addressing waiver

See LEGISLATION, FEDERAL, S 2450, S 3217

– E-mails between opponent and her counsel, lawyer's duty upon learning client has obtained (Philadelphia Bar Ass'n Op.), 165
– Fired in-house counsel may talk to lawyer, may not reveal confidential data (San Diego County Op.), 263
– Indicted corporate directors, inspection of legal memos allowed (N.Y. App. Div.), 103; correction, 141
– Patent infringement action, Qualcomm lawyers may use confidential data to oppose sanctions for discovery abuse (S.D. Cal.), 134
– Waiver, new rules limit claims after inadvertent disclosure (Ark.), 41; text, 41

ATTORNEYS' FEES

– Ed. Note: This heading covers court-awarded fees. For client-paid fees, see FEES.
– Class action settlement, fees improperly allocated (5th Cir.), 79
– Client intent to file bankruptcy, litigator has no duty to warn adversary, fee award reversed (Va.), 205
– EAJA

See EQUAL ACCESS TO JUSTICE ACT (EAJA)

– Lodestar determination requires findings re relevant community and prevailing rate (9th Cir.), 211
– Malpractice, client failure to raise waived right to file separate suit (Colo. Ct. App.), 343
– Medical malpractice, referring lawyer not entitled to part of enhanced fee award (N.Y. App. Div.), 210
– Prevailing plaintiff, pretrial mooting of case after injunction may justify statutory fee award (3d, 5th, 10th Cirs.), 159
– Qui tam relators, firm representing has standing to challenge award (6th Cir.), 33
– Settlement of case relinquishes fee award but not other aspects of sanction order (5th Cir.), 278
– Social Security cases, cap for agency hearings does not apply to court hearings (10th Cir.), 282
– Travel time, award at half hourly rate reasonable (5th Cir.), 255
– Unequal defense efforts support time expended apportionment in civil rights case (1st Cir.), 234