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

CALIFORNIA

– Abstention rule applies to fee arbitration case (N.D. Cal.), In Brief, 190
– Arbitration, failure to mount proper court challenge renders ruling binding (Cal. Ct. App.), 233
– Attorney-client privilege and work product, disclosure of information to avoid federal indictment did not waive protections in later civil suit (Cal. Ct. App.), 400
– Conflicts of interest

– – Disloyalty to former client warranted sanctions against lawyer in appeal (Cal. Ct. App.), 408
– – Juror misconduct, defense counsel refusal to reveal source did not create presumption of prejudice (Cal.), 213
– – Media accounts of pending cases, prosecutors reinstated (Cal.), 259

– Contingent fee contracts, law governing original pact applicable to changes (Cal. Ct. App.), 106
– Defense lawyer may speak to pro se plaintiff being helped by unofficial counsel (Cal. Ct. App.), 432
– Direct negotiation with adverse party did not invalidate settlement (Cal. Ct. App.), 285
– Disagreement re fees does not require lawyer to withdraw from representation (Los Angeles County Op.), 384
– Disbarred lawyers, state bar may use new law to recover old debts (9th Cir.), In Brief, 39
– Disciplinary proceedings

– – Charges, Cal. State Bar reviewing proposal to post notice on Web site, 356; proposal approved, In Brief, 395
– – Cooperation in probe does not prolong deadline for filing charges (Cal. Bar Ct. Review Dep't), 415
– – Cost award dischargeable in bankruptcy (B.A.P. 9th Cir.), 236

– Fee dispute, arbitrator not disqualified by tenuous link to party (Cal. Ct. App.), In Brief, 262
– Fired in-house counsel may talk to lawyer, may not reveal confidential data (San Diego County Op.), 263
– Frivolous appeal, independent prosecutor to investigate personal injury lawyers in “Erin Brockovich” case (9th Cir.), 327
– Imputed disqualification may be avoided if clients drop issues and pay opponent fees (C.D. Cal.), 9
– Law firm office manager theft scheme, lawyer cannot sue banks (Cal. Ct. App.), In Brief, 238
– Malpractice

– – Insurance disclosure rules, state bar task force seeks comment on updated proposal, 40; text, 40; state bar approves, 271; text, 272; conferees discuss, 300
– – Laches dismissal does not estop suit (Cal. Ct. App.), In Brief, 57
– – Late entry and limited role in case does not block malicious prosecution action against law firm (Cal. Ct. App.), 8

– Milberg Weiss firm, plaintiff kickback scheme, class-action litigator sentenced for obstruction of justice (C.D. Cal.), 91; firm cofounder to plead guilty to racketeering, 174; cofounder disbarred (N.Y. App. Div.), 195; cofounder sentenced (C.D. Cal.), 295; firm admits scheme, agrees to fine, 329
– Model Rules, state bar releases third group of reform proposals, 173; conflicts of interest, text of draft rule, 173
– Multistate debt collection activities, lawyer suspended (Cal. Bar Ct. Review Dep't), 244
– Patent infringement action, Qualcomm lawyers sanctioned for discovery abuse (S.D. Cal.), 30; sanctions order overturned, lawyers may use confidential data to oppose penalties (rev), 134
– Pro hac vice status, court may revoke but may not reprimand or order payment of fees (Cal. Ct. App.), 48
– Public nuisance suits, public entities may retain private firms on contingent fee basis to litigate (Cal. Ct. App.), 212
– Solicitation, anti-SLAPP law bars complaint over stolen client (Cal. Ct. App.), 140
– Successor lawyer must ignore client order not to tell original lawyer about settlement (Cal. Op.), 264
– Unauthorized practice in Cal., lawyer suspended (Kan.), 17

CANDOR TOWARD TRIBUNALS

– Appeal pending in similar case, settlement stands despite failure to disclose (N.J.), 377
– Pro hac vice admission, lack of candor on application, lawyer banned from future requests for two years (Ind.), 289
– Withholding key information during adoption, lawyer suspended (Fla.), 352

CAPITAL PUNISHMENT

– Conflicts of interest, juror misconduct, defense counsel refusal to reveal source did not create presumption of prejudice (Cal.), 213

CHARGING LIENS

See LIENS

CHILDREN

– Child custody, contingent fee agreement void, recovery allowed for noncontingent aspects (N.C. Ct. App.), 409
– Custody modification, prosecutor may represent father while office brings criminal charges against mother's current spouse (Ark.), In Brief, 238
– Indicted lawyer, representation of juvenile offender per se ineffective (N.J.), 230
– Third-party discovery dispute, prosecutor active role did not require disqualification (Cal.), 260

CHOICE OF LAW

– Misuse of trust accounts, rules of state where banks located govern charges (N.D.), 193

CLASS ACTIONS

– Antitrust suit, lawyer's minimal role justified contingent fee reduction (Wis. Ct. App.), 50
– Attorneys' fees, allocation after settlement improper (5th Cir.), 79
– Inspection of counsel's entire file, absent client not entitled (N.Y. App. Div.), 28

CLIENT FILES

– Electronic processing and storage of client data, third party may be used with safeguards (Me. Op.), 14
– Unpaid fees, limitations period not extended by time spent complying with client request to turn over file after withdrawal (Mich. Ct. App.), 183

CLIENT FUNDS AND PROPERTY

– Commingling funds and charging excessive fees, lawyer suspended (Mont.), 89
– Garnishment, law firm must stop payment on check drawn from trust account for client after notice received (Fla.), 235
– Law firm office manager theft scheme, lawyer cannot sue banks (Cal. Ct. App.), In Brief, 238
– Misappropriation

See MISAPPROPRIATION OF FUNDS

– Nonclient lawful claim to funds triggers lawyer safekeeping duties (Ohio Sup. Ct. Op.), 15
– Settlement proceeds, client assignment to medical provider binding on lawyer who signed off on it (Wyo.), 347
– Spending flat fee before earning it, lawyer suspended (N.M.), 88
– Successor lawyer must ignore client order not to tell original lawyer about settlement (Cal. Op.), 264
– Transfer of funds from elderly client into accounts payable to lawyer, lawyer suspended (Ohio), 194
– Trust account, restoring withdrawn funds not required despite later fee dispute (Colo. Op.), 144

COLORADO

– Attorneys' fee suit, client failure to raise malpractice claim waived right to file separate suit (Colo. Ct. App.), 343
– Confidentiality, metadata, search and review permitted unless opponent notifies lawyer re mistaken transmission (Colo. Op.), 286; rule, text, 286
– Jury instructions on lesser nonincluded offenses, decision to request lies with defense counsel (Colo.), In Brief, 262
– Misappropriation of client funds, lawyer disbarred for taking fee without estate's specific consent (Colo.), 148
– Opponent contact with employees, corporate lawyer has narrow latitude to curb (Colo. Op.), 383
– Trust account, restoring withdrawn funds not required despite later fee dispute (Colo. Op.), 144
– Work product protection does not apply to factual portions of report on incident at hospital when lawyer's notes are sole record of facts (Colo.), 182

COMPUTERS

– E-mail

See E-MAIL

– Electronic processing and storage of client data, third party may be used with safeguards (Me. Op.), 14
– Hacking into another law firm's system, lawyer suspended (W. Va.), 290
– Internet ads

See generally ADVERTISING AND SOLICITATION

– Metadata embedded in electronic documents

– – Exploration or use prohibited (New York County Op.), 192
– – Use, lawyers must make individual decision (Pa. Op.), 59

CONFERENCES AND MEETINGS

– American Bar Ass'n (ABA)

– – Annual meeting

– – – Corporate attorney-client privilege, 448
– – – Future of lawyer regulation, 446
– – – Internet advertising, 444
– – – Screening and in-house counsel, 443
– – – Taxpayer assertion of privileges, 450

– – Midyear meeting

– – – Agenda item, 18
– – – Conditional admission, 92
– – – Wrongful convictions, 95

– – National Forum on Client Protection, 300

– American Bar Ass'n (ABA) Natl. Conf. on Prof'l Responsibility

– – Collaborative law practice, 296
– – Conditional admission, 297
– – Corporate counsel, moral dilemmas, 302
– – Diversification of services, 304
– – Judicial response to lawyer misconduct, 307
– – Misconduct in Duke lacrosse case, 305
– – Outside disclosure rules, effect on corporate counsel, 303
– – Web marketing, 299

– Association of Professional Responsibility Lawyers (APRL), 94
– Legal Malpractice and Risk Mgmt. Conf.

– – Fee disputes, counterclaims, 125
– – General counsel, succeeding as, 120
– – Impaired lawyers, duties to others, 122
– – Insurance coverage, softening of market for, 123
– – Law firm leaders, supervision of, 118
– – Multiple clients, complex financial deals, 114

CONFIDENTIALITY

– Advertising triggered by key words, lawyers may use e-mail service providers that scan messages to insert (N.Y. Op.), 110
– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– 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
– Disciplinary records may not be released contrary to court rules (Mont.), 433
– Electronic processing and storage of client data, third party may be used with safeguards (Me. Op.), 14
– Insurance defense counsel lacks implied authority to share harmful secrets between clients (ABA Op.), 240
– Metadata embedded in electronic documents

– – Exploration or use prohibited (New York County Op.), 192
– – Search and review permitted unless opponent notifies lawyer re mistaken transmission (Colo. Op.), 286; rule, text, 286
– – Use, lawyers must make individual decision (Pa. Op.), 59

– Outsourcing legal work overseas endangers client privacy, suit claims (D.D.C.), 293
– Secret documents of firm's client, reviewing while advising opponent, lawyer suspended (N.Y. App. Div.), 87
– Settlement pact divulged, malpractice and contract claims proceed against lawyer (Ohio Ct. App.), 162
– Work product

See WORK PRODUCT

CONFLICTS OF INTEREST

– Adverse representation of incapacitated husband and his wife, lawyer disbarred (N.M.), 169; disciplinary counsel immune from suit for bringing allegedly baseless action on unrelated charges (10th Cir.), 184
– Agreement giving law firm all fees on cases taken by departed lawyer unenforceable (Neb.), 181
– Corporate director, lawyer's service bars firm from suing company (Ohio Sup. Ct. Op.), 321
– Corporation and owner, lawyer representing both may get fee for referring owner claim against company (Philadelphia Bar Ass'n Op.), 216
– Disclosure and consent needed before representing client before judge who is client in unrelated case (ABA Op.), 241
– Disqualification

See DISQUALIFICATION

– Former clients

See FORMER CLIENTS

– Insurer in-house counsel may represent insureds (Tex.), 160
– Juror misconduct, defense counsel refusal to reveal source did not create presumption of prejudice (Cal.), 213
– Lender counsel may rebate portion of referral fee paid by title insurer (Philadelphia Bar Ass'n Op.), 350
– Malpractice, Chicago-based firm subject to suit in La. (5th Cir.), 77
– Media accounts of pending cases, prosecutors reinstated (Cal.), 259
– Outside lawyer, billing arrangement did not violate fee-sharing rules (N.Y. Sup. Ct.), 232
– Personal injury lawyer may not loan client money to pay for medical expenses (Md. Op.), 84
– Public defenders

See PUBLIC DEFENDERS

– Screening, ABA to consider amending rules to allow for lateral hires, 324; proposal, text, 324; action deferred, 443
– Self-benefiting transactions with clients, lawyer suspended (Ind.), 291
– Settlement conditions, firm not entitled to prospective ruling on ethics (D. Conn.), 29; disputed provisions, text, 30
– Suspension

– – Payment of needy client's living expenses (Neb.), 220
– – Representing codefendants casting suspicion on each other (Fla.), 62
– – Transfer of funds from elderly client into accounts payable to lawyer (Ohio), 194

– Waiver derails malpractice suit for representing bank and borrowers (Ohio Ct. App.), 345

CONNECTICUT

– Malpractice, lawyer liable to nonclient for facilitating client fraud (Conn.), 407
– Settlement conditions, firm not entitled to prospective ruling on ethics (D. Conn.), 29; disputed provisions, text, 30

CONSTITUTIONAL LAW

– Double jeopardy

See DOUBLE JEOPARDY

– Due process

See DUE PROCESS

– First Amendment

See FREEDOM OF SPEECH

– Legal Servs. Corp., restrictions on legal aid agencies receiving funds constitutional as applied (D. Or.), In Brief, 214
– Sixth Amendment, ineffective assistance claims

See INEFFECTIVE ASSISTANCE OF COUNSEL

CONTEMPT

– Criminal conviction for courtroom statements, “clear and present danger” test rejected (Ga.), 105

CONTINGENT FEES

– Additional fee, lawyer seeking reasonable sum need not prove inadequacy of original amount (N.J. Super. Ct. App. Div.), 138
– Antitrust class action, lawyer's minimal role justified fee reduction (Wis. Ct. App.), 50
– Appeal, state limit on fee blocks trial lawyer from charging extra (Mich. Ct. App.), 281
– Boilerplate contract with lopsided discharge terms, personal injury lawyer admonished re use (Mass.), 219
– Child custody, agreement void, recovery allowed for noncontingent aspects (N.C. Ct. App.), 409
– Disagreement re expenses, lawyer who withdrew not entitled to fee, contingency never occurred (Mass.), 51
– Division of fees, firm must honor pact with firm that withdrew before case resolved (9th Cir.), 157
– Fired lawyer must await client recovery in underlying action for compensation (Ind. Ct. App.), 348
– Malpractice, client award not reduced by fee lawyer would have earned (Wash. Ct. App.), 187
– Modifications to fee contracts, law governing original pact applicable (Cal. Ct. App.), 106
– Public nuisance suits, public entities may retain private firms on contingent fee basis to litigate (Cal. Ct. App.), 212
– State attorney general may hire private firm to help in civil suit (R.I.), 374

CONTRACTS

– Conflicts of interest, agreement giving law firm all fees on cases taken by departed lawyer unenforceable (Neb.), 181
– Contingent fee contracts

See generally CONTINGENT FEES

– Federal contractors, ABA warns against disclosure provisions in proposed rule, 359

CORPORATE PRACTICE

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Concurrent conflict not cured by broad advance waiver (D.N.J.), 427
– Conflicts of interest, lawyer representing both corporation and owner may get fee for referring owner claim against company (Philadelphia Bar Ass'n Op.), 216
– Debt collection, LLC lawyer, corporate veil piercing not needed for individual liability under FDCPA (6th Cir.), 133
– Disclosure re possible losses from pending or threatened suits, attorney groups wary re proposals, 394
– In-house counsel

See IN-HOUSE COUNSEL

– Malpractice, settlement agreement indemnifying counsel was not attorney-client business transaction (Wis.), 403
– Opponent contact with employees, lawyer has narrow latitude to curb (Colo. Op.), 383
– Outside disclosure rules, effects, conferees discuss, 303
– Potential legal problems, lawyer duties to constituents, conferees discuss, 302

CRIMINAL CONVICTIONS

– Bribery conviction outweighs disbarred lawyer's transformation, reinstatement denied (Tenn.), 414
– Contempt for courtroom statements, conviction reversed (Ga.), 105
– Double jeopardy

See DOUBLE JEOPARDY

– Guilty plea to mail fraud, lawyer suspended (Ky.), 246
– Indigent defense, overturning wrongful convictions, conferees discuss, 95
– Milberg Weiss firm, plaintiff kickback scheme, class-action litigator sentenced for obstruction of justice (C.D. Cal.), 91; firm cofounder to plead guilty to racketeering, 174; cofounder disbarred (N.Y. App. Div.), 195; cofounder sentenced (C.D. Cal.), 295; firm admits scheme, agrees to fine, 329
– Molestation of minor, lawyer disbarred (Wash.), 38
– Perjury, former White House adviser Libby disbarred (D.C.), In Brief, 172
– Secretly videotaping prosecutor engaging in sexual relations with defendant, convicted defense lawyer suspended (Ky.), 196

CRIMINAL LAW AND PROCEDURE

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Campaign donation reimbursement, Feiger and law partner acquitted (E.D. Mich.), 295
– Double jeopardy

– – Impersonation and theft, multiple charges proceed against disbarred lawyer (Tenn. Crim. App.), 108
– – Misappropriation of client property, post-disbarment prosecution not precluded (Tex. Ct. App.), 64

– Duke lacrosse case, misconduct, conferees discuss, 305
– Ineffective assistance claims

See INEFFECTIVE ASSISTANCE OF COUNSEL

– Jury instructions on lesser nonincluded offenses, decision to request lies with defense counsel (Colo.), In Brief, 262
– Knowingly filing false document, defense lawyer may face criminal charges (Tex. Crim. App.), 258
– Prosecutor failure to meet continuing legal education requirements, prejudice to defendant (Minn. Ct. App.), In Brief, 411
– Work product

See WORK PRODUCT

CRIMINAL PRACTICE

– Failure to file appeal, no prejudice presumed where defendant executed valid waiver (3d Cir.), 435
– Ineffective assistance claims

See INEFFECTIVE ASSISTANCE OF COUNSEL

– Malpractice limitations period not tolled while client pursues post-conviction relief (N.J. Super. Ct. App. Div.), 27
– Posing as police officer to keep prosecution witness from testifying, defense lawyer suspended (Md.), 388
– Prosecutors

See PROSECUTORS

– Public defenders

See PUBLIC DEFENDERS

– Representing codefendants casting suspicion on each other, lawyer suspended (Fla.), 62