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

DEBT COLLECTION

– Frivolous claim under FDCPA, sanction imposed solely on client, not lawyer (9th Cir.), 325
– Malpractice

– – Bona fide error defense under FDCPA applies to mistakes of law (U.S., rev grant), In Brief, 354
– – Letter to debtor that was unclear as to attorney's involvement may be deceptive under FDCPA (5th Cir.), 439

DEFAMATION

– Filing action against former client over statements to disciplinary authorities, lawyer reprimanded (La.), 170
– Malpractice

– – Press release with libelous statements repeated from complaint, lawyer issuing release not automatically protected by fair reporting privilege (Ill. App. Ct.), 463
– – Settlement letter, litigant may not pursue claim against opposing counsel over statements in (N.Y. Sup. Ct.), 10

DEFENSES

– Forgoing insanity defense that lawyer believed would fail not ineffective (U.S., rvs and rem), 162
– Malpractice

– – FDCPA bona fide error defense applies to mistakes of law (U.S., rev grant), In Brief, 354
– – SLAPP suit, advice of counsel defense does not apply when lawyer acts with malice (N.J.), 265

– Suspended lawyer disbarred for asserting frivolous defense while acting pro se during suspension (Va.), 251

DELAWARE

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Incentive bonus plan for marketing expert improper (Del. Op.), 82
– Ineffective assistance, guilty but mentally ill verdict sought by counsel over defendant's objection (Del.), 410

DEPARTMENT OF JUSTICE

See JUSTICE DEPARTMENT (DOJ)

DISBARMENT

– Bribery of public official, guilty plea to crossing state lines to commit (N.Y. App. Div.), 527
– Fees

– – Cash payments, guilty plea to violating IRS reporting laws (Wash.), 415
– – Taking fee prior to court approval, presumption of disbarment proper (D.C.), 132

– Juror, misconduct while serving as (Cal. Bar Ct. Review Dep't), 171
– Mail fraud, convicted lawyer properly disbarred under intentional crime rules (Tex.), 16; rules, text, 16
– Meritless lawsuit, failure to pay sanctions for filing (N.Y. App. Div.), 18
– Mortgage fraud scheme (Md.), 451
– Reciprocal disbarment, continuing disbarment elsewhere prevents lawyer from seeking reinstatement (Fla.), 84
– Suspended lawyer who asserted frivolous defense while acting pro se during suspension (Va.), 251
– Unauthorized practice of law

– – Delegating too much authority to nonlawyer employees (La.), 272
– – License suspended in two states, practicing after (Kan.), 389
– – Retired status, continuing practice after shifting to (Kan.), 414

– Using state employees to run private law firm (N.Y. App. Div.), 199

DISCIPLINARY PROCEEDINGS

– Bankruptcy judges have inherent authority to suspend lawyers for egregious conduct (9th Cir.), 242
– Gag rule violates free speech rights (La.), 208; text of rule, 208
– Nonrefundable minimum fee retainer not unreasonable, disciplinary action dismissed (Mich.), 34; retainer provision, text, 34
– Public access to disciplinary records, panelists discuss, 423
– Reciprocal discipline

See RECIPROCAL DISCIPLINE

– Reinstatement

See REINSTATEMENT

– State of mind required to establish violation, conferees discuss, 91
– Vindictive prosecution suit against state bar may not go forward as civil rights claim (N.C.), 249

DISCIPLINED LAWYERS

See also SANCTIONS
– Admonishment

See ADMONISHMENT

– Censure

See CENSURE

– Disbarment

See DISBARMENT

– Reinstatement

See REINSTATEMENT

– Reprimand

See REPRIMAND

– Suspension

See SUSPENSION

DISCOVERY

– Confidentiality, leaking opponent's secret document obtained in discovery warrants dismissal of suit (7th Cir.), 485
– Privileged communications

See PRIVILEGED COMMUNICATIONS
– – Attorney-client

See ATTORNEY-CLIENT PRIVILEGE

– – Work product

See WORK PRODUCT

– Prosecutors, duty to disclose exculpatory information goes beyond Brady obligation (ABA Op.), 471
– Violations of discovery rules

– – Duties of diligence and expedition of litigation unmet, lawyer admonished (Vt.), 450
– – Inability to pay requires reversal of sanction against lawyer (Fed. Cir.), 192
– – Malpractice, eminent domain proceeding, Noerr-Pennington immunity does not protect intentional discovery abuse (9th Cir.), 265; spoliation of evidence claim properly dismissed, In Brief, 518
– – Parties may be sanctioned, not lawyers (3d Cir.), 486; correction, 519

DISCRIMINATION

– Conflicts of interest, attorney and firm improperly disqualified given 25-year span between job bias lawsuits (Minn. Ct. App.), 404
– Shareholder not required to arbitrate job bias claim against firm (3d Cir.), 159

DISHONESTY

See also CANDOR TOWARD TRIBUNALS
– Attempted deceit, lawyers subject to treble damages even if unsuccessful (N.Y.), 76; state law, text, 76
– Facebook page, lawyers may not mislead witnesses into granting access to (Philadelphia Bar Ass'n Op.), 218
– In-house lawyer caught stealing food from office cafeteria censured (Kan.), 252
– Juror, lawyer disbarred for misconduct while serving as (Cal. Bar Ct. Review Dep't), 171
– Pact for diversion of criminal charges does not affect disciplinary sanction (Mo.), 86
– Personal domestic relations financial statement, lawyer suspended (Mass.), 36
– State bar investigator, deception may be used to expose unlawful practice (Va. Op.), 356
– Submitting bogus bills and travel costs, lawyer suspended (Okla.), 273
– Tax work for judge done for free, lawyer's nondisclosure to opposing counsel not dishonest (Ill.), 332

DISQUALIFICATION

See also CONFLICTS OF INTEREST
– Anti-SLAPP law does not bar former client suit to disqualify firm (Cal. Ct. App.), 165
– Corporate formalities, past advice disqualifies firm from opposing ex-clients (Mass. App. Ct.), 285
– Job bias lawsuits, attorney and firm improperly disqualified given 25-year span between cases (Minn. Ct. App.), 404
– Joint defense agreement, lawyer participation mandates disqualification of new firm after merger (N.D. Cal.), 6
– Prosecutor's office employing lawyer who earlier represented defendant, no per se rule disqualifying entire office (Utah), 467
– Screening

See SCREENING

– Testimony on key issue, disqualification proper where client needs counsel to provide (Colo. Ct. App.), 193
– Work product, information shared by co-defendants' counsel with attorney who later changed sides requires disqualification of attorney and firm (Cal. Ct. App.), 460

DISTRICT OF COLUMBIA

– Fees

– – Credit card payments, lawyers may accept (D.C. Op.), 248
– – “Flat fee” is advance for services not yet performed, must be placed in escrow account until earned (D.C.), 525
– – Frivolous suit against opposing counsel, fee award warranted (D.C.), 52
– – Reverse contingent fees proper if reasonable and client consents (D.C. Op.), 168
– – Taking fee prior to court approval, presumption of disbarment proper (D.C.), 132

– Judgmental immunity doctrine bars malpractice suit over tactical choices based on unsettled law (D.C.), 187
– Lawyer-client relationship, protection of prospective client information during possible referral talks (D.C. Op.), 130
– Reciprocal disbarment, continuing disbarment elsewhere prevents lawyer from seeking reinstatement (Fla.), 84
– Rule 11 sanctions, lawyer improperly penalized for allegedly disguising inferences as facts in pleading (D.C. Cir.), 445
– Work product materials, third-party discovery limited by confidentiality agreement with government (D.C. Cir.), 210

DIVISION OF FEES WITH LAWYERS

– Anti-SLAPP law cannot be invoked to escape fee-splitting suit against co-counsel (Cal. Ct. App.), 240
– Fired attorney may collect contingent fee per fee-sharing pact with co-counsel (Ind. Ct. App.), 515

DIVISION OF FEES WITH NONLAWYERS

– Incentive bonus plan for marketing expert improper (Del. Op.), 82

DIVORCE

– Conflicts of interest, lawyer/mediator may represent one spouse in divorce after mediation (Ohio Op.), 356; opinions from other states, 357
– Fee reduction in own divorce case, judge suspended for negotiating while appointing personal lawyer as mediator in cases in his courtroom (Minn.), 528
– Malpractice

– – Attorneys' fees spent remedying injury may be recovered (Ill. App. Ct.), 25
– – Prenuptial agreement drafting, suit may proceed after settlement (N.H.), 49
– – Will drafted to evade divorce judgment requiring assets to be left to children, lawyer liable to children, 374

– Nonrefundable retainer, lawyer suspended (Ala.), 250

DOJ

See JUSTICE DEPARTMENT (DOJ)

DUE PROCESS

– Malpractice in patent application, personal jurisdiction proper over Canadian law firm that filed application in U.S. (Fed. Cir.), 440
– Reciprocal discipline not precluded by variance in standards of review (N.D.), 198
– Referral fee underpayment, dismissal of suit against law firm not required despite inability to mount defense without revealing client secrets (Cal. Ct. App.), 514
– State troopers, N.J. may bar from practicing law (D.N.J.), 409
– Trial conduct, Fieger lacks standing to challenge state rules requiring “courtesy” and “respect” from lawyers, judgment vacated (E.D. Mich.), 50
– Vindictive prosecution suit against state bar may not go forward as civil rights claim (N.C.), 249