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

CALIFORNIA

– Access to file, lawyers and firm sanctioned over “scorched earth” fight with predecessor counsel (D. Nev.), 211
– Attorney general's office may set policy restricting employees' outside legal work (9th Cir.), 79
– Conflicts of interest

– – Anti-SLAPP law does not bar former client suit to disqualify firm (Cal. Ct. App.), 165
– – Criminal cases, federal test to assess effect of conflicts adopted (Cal.), 59
– – Joint defense agreement, lawyer participation mandates disqualification of new firm after merger (N.D. Cal.), 6
– – Nonclient usually lacks standing to raise (E.D. Cal.), In Brief, 11
– – Wills, drafting attorney may represent executor in individual capacity in dispute with other beneficiary (Cal. Ct. App.), 437

– Ex parte contacts with class action members, lawyer properly sanctioned for sending letter criticizing proposed settlement (Cal. Ct. App.), 352
– Fees

– – Anti-SLAPP law cannot be invoked to escape fee-splitting suit (Cal. Ct. App.), 240
– – Arbitration awards

– – – Panel ruling reinstated given failure to prosecute challenge (Cal. Ct. App.), 28
– – – Prejudgment interest, fee dispute improperly returned to panel to include in award (Cal. Ct. App.), 445

– – Attorneys' liens

– – – Medical lien, priority over (Cal. Ct. App.), In Brief, 468
– – – Unresolved fee dispute, lawyer need not endorse joint-payee settlement check since lien would be extinguished (Cal. Op.), 473

– – Contingent fees

– – – Fee agreement not voidable despite omission of “related matters” provision required by state law (10th Cir.), 464
– – – Statutory fee award may be included in aggregate recovery amount (Los Angeles County Op.), 448

– – Or. lawyer may be awarded for providing advice to Cal. counsel (9th Cir.), 102
– – Private attorney general suits, settlement efforts not prerequisite to recovery (Cal.), 8
– – Referral fee underpayment, dismissal of suit against law firm not required despite inability to mount defense without revealing client secrets (Cal. Ct. App.), 514
– – Retainer agreements, prospective fee disputes, mandatory arbitration clause invalid (Cal.), 53
– – Rule 11 sanctions, lawyer defending self from frivolous lawsuit not entitled to fees (Cal.), 51
– – Statutory fee waiver, lawyers may offer settlements conditioned on (Cal. Op.), 293

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Juror, lawyer disbarred for misconduct while serving as (Cal. Bar Ct. Review Dep't), 171
– Malpractice

– – Anti-SLAPP law, malpractice suit not barred despite some claims refer to public petitioning actions taken in court (Cal. Ct. App.), 516
– – Class actions, counsel need not ensure class members' timely submission of settlement claim form (Cal. Ct. App.), 376
– – Mid-trial settlement offer, absolute litigation privilege protects attorney letter (Cal. Ct. App.), 125
– – Uninsured status, new rule requires attorneys to inform clients (Cal.), 476; rule text, 477

– Privileged communications

– – Attorney-client privilege

– – – Director suing corporation cannot force counsel to produce documents (Cal. Ct. App.), 26
– – – Inadvertently produced documents, lawyer sanctioned for copying before returning (Cal. Ct. App.), 77

– – Work product, common interest doctrine protects information shared by co-defendants' counsel with attorney who later changed sides (Cal. Ct. App.), 460

– Public defender with excessive caseload, failure to move to withdraw ineffective (Cal. Ct. App.), 163

CANDOR TOWARD TRIBUNALS

– Bench warrant, lawyer reprimanded for misrepresentation made to obtain (Conn. App. Ct.), 18
– Domestic assault victim, lawyer suspended for lying about being (Mass.), 62
– Duty of lawyer who knows witness is lying, panelists discuss, 424
– Existence of sole heir, lawyer's failure to disclose to probate court is continuing offense, misconduct charges timely filed (Ala.), 524
– False evidence submitted, lawyer must promptly notify court if client does not remedy falsehood (N.H. Op.), 412
– Heightened obligations to avoid misleading or deceiving court, Analysis and Perspective, 174; false factual statements to court, examples, 175; omissions as misrepresentations, 177
– Personal domestic relations financial statement, lawyer suspended for dishonesty in (Mass.), 36

CENSURE

– Commingling funds and failure to return unearned fee promptly (D.C.), 525
– In-house lawyer caught stealing food from office cafeteria (Kan.), 252
– Unauthorized practice, setting up real estate closing firm with nonlawyer (N.Y. App. Div.), 361

CHILDREN

– Collection of child pornography, lawyer suspended (Ohio), 475
– Online solicitation of sex with alleged teenager, lawyer suspended after guilty plea (N.Y. App. Div.), 35; (Minn.), 474
– Sharing explicit photos of minors, prosecutor suspended (Kan.), 61

CLASS ACTIONS

– Ex parte contacts with class members, lawyer properly sanctioned for sending letter criticizing proposed settlement (Cal. Ct. App.), 352
– Fen-Phen settlement funds, forfeiture order upheld for lawyers convicted of defrauding clients (E.D. Ky.), 369
– Inspection of counsel file, absent client not entitled (N.Y.), 263
– Malpractice, class counsel need not ensure class members' timely submission of settlement claim form (Cal. Ct. App.), 376
– Retainer agreement incentive provisions created conflicts between class members (9th Cir.), 239

CLIENT FILES

– Closed file, retention policy may set duration for keeping with client consent (Ariz. Op.), 32
– Electronic-only storage proper for most items (Mo. Op.), 294
– Invoices or bills need not be turned over as part of client request for file after withdrawal from representation (Tenn. Ct. App.), 128
– Leaving beside dumpster, lawyer reprimanded (Ohio), 198
– Tenn. proposes model rule revisions, 275; text of proposal, 276
– Unpaid fees, limitations period for recovering not extended by client's request for file (Mich.), 407

CLIENT FUNDS AND PROPERTY

– Conversion of client funds, lawyer suspended (La.), 17
– Fees

– – “Flat fee” is advance for services not yet performed, must be placed in escrow account until earned (D.C.), 525
– – Taking fee prior to court approval, presumption of disbarment proper (D.C.), 132
– – Unresolved fee dispute, lawyer need not endorse joint-payee settlement check since attorneys' lien would be extinguished (Cal. Op.), 473

– Misappropriation

– – Drug addiction cannot be used as mitigating factor, lawyer's license annulled (W. Va.), 271
– – Former girlfriend's money, lawyer who mistakenly made deposit into operating account reprimanded (Md.), 499

– Mortgage fraud scheme, lawyers disbarred (Md.), 451
– Third-party claims, lawyer obligations clarified (Wis. Op.), 130

COLORADO

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malpractice, potential clients may sue for bad advice during initial interview (Colo. Ct. App.), 104
– Outsourcing of work allowed, disclosure to client usually needed (Colo. Op.), 493

COMMERCE CLAUSE

– Bar exam not required for in-state law school graduates to practice, challenge to Wis. rule may proceed (7th Cir.), 379
– Real estate foreclosures, Utah may require in-state presence of trustee/lawyer (10th Cir.), 380

COMPUTERS

– Attorney-client privilege, employee communications with personal counsel on work computers

– – Conflicting court opinions on applicability of privilege, 346
– – Messages sent from personal e-mail address, privilege applies (N.J. Super. Ct. App. Div.), 346
– – Sensitive memo on laptop, treatment by corporate counsel criticized (Me.), 382

– E-mail

See E-MAIL

– Metadata embedded in electronic documents

– – Electronic filing system of court, file name of document submitted by opponent not metadata (N.D.N.Y.), 348
– – Inadvertent disclosure, no searching for or viewing data (W. Va. Op.), 358
– – Reviewing and searching for data allowed (Vt. Op.), 520
– – Searching for, reviewing, and using not allowed (N.H. Op.), 246; inadvertent disclosure rule, text, 246
– – Use allowed (Pa. Op.), 245

CONFERENCES AND MEETINGS

– American Bar Ass'n (ABA) Annual Meeting

– – Candor towards tribunals, false testimony, 424
– – Conflicts of interest, new screening rule, 420
– – Discipline records, public access to, 423
– – Expert witnesses, proposed changes to work product rule, 421
– – Globalization and technology changes, reexamination of rules, 418

– American Bar Ass'n (ABA) Midyear meeting

– – Establishing ethics violation, 91
– – Retainers, 90
– – Screening lateral hires included on meeting agenda, 37; Model Rule modified, 88

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

– – Admission to the bar, 312
– – Confidentiality, 304; 309
– – Conflicts of interest, waiver letters, 310
– – Duties to former clients, 305
– – Model Rules, 307

– Georgetown Law Center for the Study of the Legal Profession/ABA, Globalization and the Regulation of the Legal Profession, 300
– Legal Malpractice and Risk Mgmt. Conf.

– – Conflicts of interest caused by arrivals and departures, 150
– – Law firms, risk management, 140
– – Malpractice

– – – Corporate practice, bankruptcy of client, 147
– – – Damage exposure after law firm error, 144
– – – Expert witness selection, 142
– – – Insurance marketplace, 148
– – – Plaintiffs' counsel pursuit, 141

– Natl. Legal Malpractice Conf.

– – Corporate clients facing bankruptcy, 537
– – E-mail swindles, consequences for victims, 231
– – Highest-risk areas of law practice, 536
– – Practical strategies for winning, 229

CONFIDENTIALITY

– Client representation, strict interpretation of rule barring disclosure of anything related to (Nev. Op.), 449
– Developments in past year, conferees discuss, 309
– Family members jointly represented, lawyer suspended for disclosing client secrets in later dispute between members (Wash.), 497
– Leaking opponent's secret document obtained in discovery warrants dismissal of suit (7th Cir.), 485
– Mandatory disclosure, text of revised Vt. rule, 392
– Matters of public record, client's secrets may include (Iowa), In Brief, 362
– Mediation communications, malpractice suit dismissed given law barring disclosure of (D. Or.), 439
– Metadata embedded in electronic documents

– – Electronic filing system of court, file name of document submitted by opponent not metadata (N.D.N.Y.), 348
– – Inadvertent disclosure, no searching or viewing data (W. Va. Op.), 358
– – Reviewing and searching for data allowed (Vt. Op.), 520
– – Searching for, reviewing, and using not allowed (N.H. Op.), 246; inadvertent disclosure rule, text, 246
– – Use allowed (Pa. Op.), 245

– Privileged communications

See PRIVILEGED COMMUNICATIONS
– – Attorney-client

See ATTORNEY-CLIENT PRIVILEGE

– – Work product

See WORK PRODUCT

– Public defenders using same county office not associated with each other in firm (Ind.), 171
– Referral fee underpayment, dismissal of suit against law firm not required despite inability to mount defense without revealing client secrets (Cal. Ct. App.), 514

CONFLICTS OF INTEREST

See also DISQUALIFICATION
– Aggregate settlement, jointly represented clients may not waive right to approve (New York City Op.), 495
– Business transactions between lawyer and client

– – Ethics rule does not control enforceability (N.M. Ct. App.), 108
– – Fee arrangement improperly modified to favor firm over client (La.), 388

– Consent, duty to document does not apply if waiver given before new rule adopted (N.Y. Op.), 270
– Criminal cases

– – Federal test to assess effect of conflicts adopted (Cal.), 59
– – Post-conviction relief waivers, scope of plea agreements limited (Mo. Op.), 327; views of ethics committees from other states, 327
– – Public defenders, conflicts not always imputed to entire office (Idaho), 285

– Developments in past year, conferees discuss, 309
– Former clients, conferees discuss duties to, 305
– Hot potato doctrine not implicated despite ending sporadic unrelated work for adverse party (N.D. Ill.), 284
– Impaired clients

– – Conservator of client's estate and client's wife, lawyer suspended for representing (N.H.), 523
– – Debt owed by another client, lawyer suspended for persuading impaired client to forgive (Ill.), 332

– Joint representation of family members, lawyer suspended for not getting consent and disclosing client confidences (Wash.), 497
– Justice required to recuse self from case after election due to large campaign donation (U.S., rvs and rem), 290; impact of decision, Analysis and Perspective, 335; text of ABA Model Code recusal rules, 336; ABA draft report surveys rules and procedures for recusal, 337
– Law firm arrivals and departures, anticipation of problems, conferees discuss, 150
– Malpractice

– – Failure to reveal potential claim is not fiduciary duty breach unless continued representation creates conflict (8th Cir.), 48
– – Plaintiffs' attorneys, conferees discuss client selection, 141

– Mediators

– – Brief phone call requesting lawyer services did not bar representation on related case (S.D. Cal.), 55
– – Domestic relations matter, lawyer/mediator may represent one spouse in related matter after mediation (Ohio Op.), 356; opinions from other states, 357

– Nonclient usually lacks standing to raise (E.D. Cal.), In Brief, 11
– Proposed office building, firm representing builder may not withdraw from representing other client who opposes proposal (Philadelphia Bar Ass'n Op.), 447
– Prospective clients, no conflict since initial consultation did not create lawyer-client relationship (W. Va.), 359
– Retainer agreement incentive provisions created conflicts in class action (9th Cir.), 239
– Revoked work visa, lawyer for foreign worker and employer must inform employer (Mass. Op.), 113
– Screening

See SCREENING

– Starting company in same business as corporate client without consent, lawyer suspended (Fla.), 116
– Taking over corporations from client facing securities fraud charges without valid conflicts waiver, lawyer suspended (Fla.), 297
– Transactional work done for client, representation in follow-up litigation (Iowa Op.), 494
– Waiver letters, conferees discuss, 310; Wells Fargo agreement, text, 311
– Wills, drafting attorney may represent executor in individual capacity in dispute with other beneficiary (Cal. Ct. App.), 437

CONNECTICUT

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malpractice insurance coverage, state rejects disclosure rule, 200
– Misrepresentation to obtain bench warrant, lawyer reprimanded (Conn. App. Ct.), 18
– Voluntary resignation from Conn. bar may subject lawyer to discipline in state (Mass.), 117

CONSTITUTIONAL LAW

– Commerce clause

– – Bar exam not required for in-state law school graduates to practice, challenge to Wis. rule may proceed (7th Cir.), 379
– – Real estate foreclosures, Utah may require in-state presence of trustee/lawyer (10th Cir.), 380; text of law, 381

– Due process

See DUE PROCESS

– Equal protection, N.J. may bar state troopers from practicing law (D.N.J.), 409
– First Amendment

See FREEDOM OF SPEECH

– Sixth Amendment, ineffective assistance claims

See INEFFECTIVE ASSISTANCE OF COUNSEL

CONTEMPT

– Obstructing judge's questioning of client, lawyer guilty of criminal contempt (6th Cir.), 383
– Sarcastic physical reaction to disappointing bench ruling not criminal contempt, lawyer's conviction vacated (Ga. Ct. App.), 405

CONTINGENT FEES

– Calculation, statutory fee award may be included in aggregate recovery amount (Los Angeles County Op.), 448
– Excessive request and poor representation justify denial (2d Cir.), 27
– Fee agreement not voidable despite omission of “related matters” provision required by Cal. law (10th Cir.), 464
– Fee-sharing pact with co-counsel, fired lawyer may enforce (Ind. Ct. App.), 515
– Reverse contingent fees proper if reasonable and client consents (D.C. Op.), 168

CONTRACTS

– Business deals between lawyer and client

– – Ethics rule does not control enforceability (N.M. Ct. App.), 108
– – Fee arrangement improperly modified to favor firm over client (La.), 388

– Employment contract with new associates may not require payment to firm for clients taken upon attorney departure (Ariz. Op.), 411
– Fees

– – Division of contingent fees with co-counsel, fired lawyer may collect per fee-sharing pact (Ind. Ct. App.), 515
– – Excessive fees, trial court cannot declare validity of contract if state bar not party to suit (Ala. Civ. App.), 237

– Paralegal bonus, attorney's oral promise to pay over 10 years invalid (Ky.), 489
– Retainers

See RETAINER AGREEMENTS

CORPORATE PRACTICE

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Business formalities, past advice disqualifies firm from opposing ex-clients (Mass. App. Ct.), 285
– Confidentiality and conflicts of interest, developments in past year, conferees discuss, 309
– Ex parte contact with current employees, standards set (Ill. Op.), 194
– In-house counsel

See IN-HOUSE COUNSEL

– Internal investigations, N.Y. ethics code amendments raise issues, 256
– Malpractice

– – Assignment of claims, defunct company may transfer claims to former shareholders as part of corporate merger (Ill. App. Ct.), 348
– – Bankruptcy of client, risk of malpractice claims, conferees discuss, 147; 537

– Starting company in same business as corporate client without consent, lawyer suspended (Fla.), 116
– Stock option manipulation, interviewing exec and giving statements to government improper (C.D. Cal.), 190
– Unauthorized practice of law, Analysis and Perspective, 93; special admission, state fees, 95
– Work product materials, third-party discovery limited by confidentiality agreement with government (D.C. Cir.), 210

CRIMINAL CONVICTIONS

– Bribery of public official, convicted lawyer disbarred for crossing state lines to commit (N.Y. App. Div.), 527
– Cash fee payments, lawyer disbarred after guilty plea to violating IRS reporting laws (Wash.), 415
– Contempt

– – Obstructing judge's questioning of client, lawyer guilty (6th Cir.), 383
– – Sarcastic physical reaction to disappointing bench ruling insufficient for conviction (Ga. Ct. App.), 405

– Dishonesty, pact for diversion of criminal charges does not affect disciplinary sanction (Mo.), 86
– Drunk driving

– – Admission to the bar, late disclosure of DWI conviction warrants denial (Md.), 30
– – Lawyer with 5 convictions reprimanded (Wis.), 332

– Fen-Phen class settlement funds, forfeiture order upheld for lawyers who defrauded clients (E.D. Ky.), 369
– Financial disclosure statements falsified, convicted lawyer serving as public official given stayed suspension (Ohio), 331
– Impersonating an attorney, lawyer who gave legal advice while unauthorized to practice properly convicted (Ill. App. Ct.), 488
– Mail fraud, convicted lawyer properly disbarred under intentional crime rules (Tex.), 16; rules, text, 16
– Operating vehicle without insurance does not warrant professional discipline (La.), 299
– Pay-to-play scheme while working as investment banker, lawyer's license revoked after guilty plea (Wis.), 526
– Sex crimes

– – Mental disability not mitigating factor if risk of recidivism continues, lawyer suspended (Ohio), 475
– – Online solicitation of sex with alleged teenager, lawyer suspended after guilty plea (N.Y. App. Div.), 35; (Minn.), 474

– Theft by extortion, lawyer properly convicted for threatening to bring meritless suit unless victim paid (N.H.), 438
– Using state employees to run private law firm, convicted lawyer disbarred (N.Y. App. Div.), 199

CRIMINAL PRACTICE

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Attorneys' fees incurred in criminal case leading to dismissal of related civil forfeiture action not recoverable (11th Cir.), 465
– Bad faith litigation conduct, court lacks inherent power to shift fees to defense counsel as sanction (Ariz. Ct. App.), 517
– Conflicts of interest

See CONFLICTS OF INTEREST; DISQUALIFICATION

– Good faith legal advice, lawyer may not be prosecuted for giving (N.Y. App. Div.), 57
– Ineffective assistance claims

See INEFFECTIVE ASSISTANCE OF COUNSEL

– Prosecutors

See PROSECUTORS

– Public defenders

See PUBLIC DEFENDERS

– Ruse by investigator to get dirt on complainant, defense lawyer did not violate ethics rules (Wis.), 115