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

DAMAGES

– Liquidated damages clause in fixed-fee multiyear retainer contract not automatically void (Okla.), 372
– Malpractice, client award not reduced by contingent fee lawyer would have earned (Wash. Ct. App.), 187
– Unauthorized practice of law

– – Mortgage lenders, private remedy for borrowers (Fla. Dist. Ct. App., 11th Cir.), 208
– – Treble damages law upheld (Mo.), In Brief, 164

DEBT COLLECTION

– Attorneys' fees, lodestar determination requires findings re relevant community and prevailing rate (9th Cir.), 211
– FDCPA threat, lawyer suspended re use to get out of paying witness travel expenses (N.D.), 16
– Fired contingent fee lawyer must await client recovery in underlying action for compensation (Ind. Ct. App.), 348
– LLC lawyer, corporate veil piercing not needed for individual liability under FDCPA (6th Cir.), 133
– Malpractice, Fair Debt Collection Practices Act error defense applies to legal and procedural mistakes (6th Cir.), 457
– Multistate activities, lawyer suspended (Cal. Bar Ct. Review Dep't), 244
– Unpaid legal fees

See FEES

DECEASED CLIENTS

– Misappropriation of client funds

– – Dead man's law does not bar defense evidence of verbal permission by client (N.Y.), 323
– – Taking fee without estate's specific consent, lawyer disbarred (Colo.), 148

– Rule 11 sanctions must be imposed on lawyers who filed suit for dead client (Miss. Ct. App.), 535

DELAWARE

– Advertising, lawyers may tout inclusion in “Super Lawyers” or “Best Lawyers ” directories (Del. Op.), 166
– In-house counsel, MJP exemption applies to lawyers licensed in foreign countries, 66; text, 67
– Job discrimination, lawyer may serve as city attorney while suing city (Del. Op.), 565
– Unauthorized practice, out-of-state lawyer “disbarred” due to persistent presence in state (Del.), 322

DEPOSITIONS

See DISCOVERY

DISBARMENT

– Abuse of suspected opponents (Fla.), 547
– Adverse representation of incapacitated husband and his wife (N.M.), 169; disciplinary counsel immune from suit for bringing allegedly baseless action on unrelated charges (10th Cir.), 184
– Allowing nonlawyer real estate closing firm to use name and bank account (N.Y. App. Div.), 267
– Double jeopardy

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

– Health care fraud scheme, aiding client efforts to obscure (Okla.), 243
– Job interview ruse with judge's former law clerk (Mass.), 86
– Materials compiled during investigation leading to, public cannot examine (N.J. Sup. Ct.), 237
– Milberg Weiss firm, plaintiff kickback scheme, cofounder disbarred after federal guilty plea (N.Y. App. Div.), 195
– Misappropriation of client funds, taking fee without estate's specific consent (Colo.), 148
– Molestation of minor (Wash.), 38
– Mortgage fraud scheme (Ohio), 547
– Offering to trade legal services for sexual favors (Okla.), 354
– Old debts, state bar may use new law to recover from disbarred lawyer (9th Cir.), In Brief, 39
– Partnership with immigration consulting service (Fla.), 387
– Perjury, former White House adviser Libby (D.C.), In Brief, 172
– Unauthorized practice, out-of-state lawyer “disbarred” due to persistent presence in state (Del.), 322

DISCIPLINARY PROCEEDINGS

– Abstention rule applies to fee arbitration case (N.D. Cal.), In Brief, 190
– Allegedly baseless action, disciplinary counsel immune from suit for bringing (10th Cir.), 184
– Bankruptcy, judgment may not be discharged (1st Cir.), 510
– Cal. State Bar reviewing proposal to post notice of charges on Web site, 356; proposal approved, In Brief, 395
– Confidential records may not be released contrary to court rules (Mont.), 433
– 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
– Due process, conferees discuss, 94; model rules, text, 94
– Judges, state bar may not discipline while lawyer on bench (Ala.), 171
– Mass. may discipline lawyer for conduct in R.I. federal court (D.R.I.), 563
– Materials compiled during investigation leading to disbarment, public cannot examine (N.J. Sup. Ct.), 237
– Misappropriation of client funds, dead man's law does not bar defense evidence of verbal permission by client (N.Y.), 323
– Misuse of trust accounts, rules of state where banks located govern charges (N.D.), 193
– Preponderance of evidence standard does not violate lawyer's due process rights (1st Cir.), 519
– Reciprocal discipline

– – Administrative agencies, rule inapplicable to action taken by (Ark.), 353; text of rule, 353
– – Failed bar admission elsewhere may not be basis (D.C.), 471
– – Imposition does not constitute extraterritorial application of ethics rules (Wis.), 470
– – N.Y. prosecutor hiding evidence receives same sanction (D.C.), 112

– Reinstatement

See REINSTATEMENT

– Third party may not move to vacate reinstatement (Md.), In Brief, 198

DISCIPLINED LAWYERS

See SANCTIONS
– Admonishment

See ADMONISHMENT

– Censure

See CENSURE

– Disbarment

See DISBARMENT

– Reinstatement

See REINSTATEMENT

– Reprimand

See REPRIMAND

– Suspension

See SUSPENSION

DISCOVERY

– Malpractice

– – Arbitration, firm that participated in discovery waived right (Ill. App. Ct.), 185
– – Expert witness may be deposed as fact witness (Or.), In Brief, 109

– Malpractice suit, divorce papers discoverable (N.Y. App. Div.), In Brief, 540
– Misconduct by client at deposition, lawyer sanctioned for inaction (E.D. Pa.), 135
– Order to disclose privileged material not subject to interlocutory review (11th Cir.), 459
– 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
– Third-party dispute, prosecutor active role did not require disqualification (Cal.), 260

DISCRIMINATION

– Age bias action against Sidley Austin, EEOC lawyer discusses, 116
– Fired in-house counsel may not use privileged materials taken without consent in suit against former employer (W.D. Pa.), 429
– Job discrimination, lawyer may serve as city attorney while suing city (Del. Op.), 565

DISHONESTY

– Attempted deceit, question re validity as cause of action certified to N.Y. court (2d Cir.), In Brief, 411
– Forging student evaluations, law professor suspended (Iowa), 168
– Hacking into another law firm's computer system, lawyer suspended (W. Va.), 290
– Hiding evidence, N.Y. prosecutor suspended in both jurisdictions (D.C.), 112
– Impersonation and theft, double jeopardy no bar to multiple charges against disbarred lawyer (Tenn. Crim. App.), 108
– Job interview ruse with judge's former law clerk, lawyers disbarred (Mass.), 86
– Padding client bills, lawyer suspended (D.C.), 37
– Perjury, former White House adviser Libby disbarred (D.C.), In Brief, 172
– Pro hac vice admission, lack of candor on application, lawyer banned from future requests for two years (Ind.), 289
– Real estate deals, true “seller's concession” allowed (N.J.), 107
– Withholding fees from law firm, ignorance defense defeats charge (Wis.), 218

DISQUALIFICATION

– Child custody modification, prosecutor may represent father while office brings criminal charges against mother's current spouse (Ark.), In Brief, 238
– Concurrent conflict not cured by broad advance waiver (D.N.J.), 427
– Defendant threat to have prosecutor killed not disqualifying conflict (N.M.), 80
– Denial immediately appealable if former client secrets may be exploited (Me.), 484
– Divorce representation, husband's supposed phone conversation with lawyer representing wife did not require disqualification (Me.), 316
– Fee dispute, arbitrator not disqualified by tenuous link to party (Cal. Ct. App.), In Brief, 262
– Imputed disqualification may be avoided if clients drop issues and pay opponent fees (C.D. Cal.), 9
– Inadvertently produced privileged documents, firm must be disqualified after copying and reviewing (Fla. Dist. Ct. App.), In Brief, 515
– Insurance coverage dispute, lawyer with knowledge of former client approach in similar suits must be disqualified (S.D. Ohio), 482
– Prosecutor may not pursue case against accused who he previously defended on similar charge (Mo.), 190
– Sexual harassment case, meeting with potential opponent's in-house counsel and fired employee may lead to disqualification (N.Y. App. Div.), 53
– Third-party discovery dispute, prosecutor active role did not require disqualification (Cal.), 260

DISTRICT OF COLUMBIA

– Conflict of interest with ex-client, lawyers may avoid by limiting scope of engagement (D.C. Op.), 143
– For-profit Internet referral services, lawyers may take part (D.C. Op.), 58
– Lobbying activities, conflicts rules apply (D.C. Op.), 467
– Padding client bills, lawyer suspended (D.C.), 37
– Perjury, former White House adviser Libby disbarred (D.C.), In Brief, 172
– Reciprocal discipline

– – Failed bar admission elsewhere may not be basis (D.C.), 471
– – N.Y. prosecutor hiding evidence receives same sanction (D.C.), 112

DIVISION OF FEES WITH LAWYERS

– Contingent fees, firm must honor pact with firm that withdrew before case resolved (9th Cir.), 157

DIVISION OF FEES WITH NONLAWYERS

– Paralegal may sue to collect promised bonus despite violation of rule (Fla. Dist. Ct. App.), 254
– Patent law, lawyer may form venture and share fees with nonlawyer (Va. Op.), 216

DIVORCE

– E-mail remark telling friend lies re separation could speed up no-fault divorce, lawyer reprimanded (Md.), 220
– Husband's supposed phone conversation with lawyer representing wife did not require disqualification (Me.), 316
– Malpractice suit, divorce papers discoverable (N.Y. App. Div.), In Brief, 540
– Post-divorce contempt proceedings, contingent fee arrangement allowed (Conn. App. Ct.), 562
– Retainer agreement calling for consideration of bonus invalid (N.Y. App. Div.), In Brief, 410
– Settlement, lawyer may not mediate and draft papers to implement (Tex. Op.), 565

DOUBLE JEOPARDY

– Impersonation and theft, multiple charges proceed against disbarred lawyer (Tenn. Crim. App.), 108
– Misappropriation of client property, criminal prosecution may proceed after disbarment (Tex. Ct. App.), 64

DUE PROCESS

– Advertising and solicitation

– – Public interest group files challenge to Fla. rules (M.D. Fla.), 65; federal court abstention rejected, 139
– – Public interest group files challenge to La. rules (E.D. La.), 523

– Disciplinary proceedings, conferees discuss, 94; model rules, text, 94
– Federal law enforcement agent use of former counsel as informant proper (3d Cir.), In Brief, 412
– Preponderance of evidence standard does not violate lawyer's rights (1st Cir.), 519
– Unauthorized practice, treble damages law upheld (Mo.), In Brief, 164