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

IDAHO

– Malpractice, client who agreed to settlement cannot sue lawyer re unfairness (Idaho), 55

ILLINOIS

– Age bias action against Sidley Austin, EEOC lawyer discusses, 116
– Avvo Rating Service request for list of attorneys rejected (Ill.), 392
– Former clients, conflicts of interest, filing suit did not waive confidentiality (Ill.), 10
– Guilty plea, failure to mention appeal not ineffective (Ill.), In Brief, 239
– Malpractice

– – Arbitration, firm that participated in discovery waived right (Ill. App. Ct.), 185
– – Conflicts of interest, Chicago-based firm subject to suit in La. (5th Cir.), 77
– – Judgment creditor with receivership rights not de facto assignee of suit (Ill. App. Ct.), 230

IMMIGRATION

See ALIENS AND CITIZENSHIP

IMMUNITY

– Disciplinary counsel immune from suit for bringing allegedly baseless action (10th Cir.), 184
– Improper billing, fired associate has no claim against firm (Haw.), 49
– Malpractice, Mo. public defenders cannot claim official immunity (Mo. Ct. App.), 26
– Material witness detainees, no absolute immunity for prosecutor who delayed release (3d Cir.), 434

IMPAIRMENT

See MENTAL HEALTH

IN-HOUSE COUNSEL

– Conflicts of interest, insurer staff counsel may represent insureds (Tex.), 160
– Fired counsel

– – Confidential data may not be revealed in talks with lawyer (San Diego County Op.), 263
– – Privileged materials taken without consent may not be used in suit against former employer (W.D. Pa.), 429

– MJP, Del. exemption applies to lawyers licensed in foreign countries, 66; text, 67
– Public nuisance suits, public entities may retain private firms on contingent fee basis to litigate (Cal. Ct. App.), 212
– Registration requirements, ABA to consider proposed Model Rule, 269; text, 269; rule adopted, 443
– Reinstatement, general counsel's long neglect of license warrants penalties before return to bar (Okla.), 147
– Sexual harassment case, meeting with potential opponent's in-house counsel and fired employee may lead to disqualification (N.Y. App. Div.), 53
– Succeeding as general counsel, panelists offer tips, 120
– Unauthorized practice, in-house attorney based out of state may advise employer on Va. law (Va. Op.), 166
– Whistleblower protections do not apply to lawyers who report law violations to management (Minn. Ct. App.), 280

INDIANA

– Fired contingent fee lawyer must await client recovery in underlying action for compensation (Ind. Ct. App.), 348
– Malpractice, excess insurer may not sue lawyers for insured (Ind.), 256
– Pro hac vice admission, lack of candor on application, lawyer banned from future requests for two years (Ind.), 289
– Self-benefiting transactions with clients, lawyer suspended (Ind.), 291

INDIGENTS

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

INEFFECTIVE ASSISTANCE OF COUNSEL

– Capital punishment

– – ABA guidelines do not establish defense standards (4th Cir.), In Brief, 164
– – Waiver of closing argument ineffective (11th Cir.), In Brief, 191

– Defendant distrust of lawyer did not deprive him of Sixth Am. rights (9th Cir.), 56
– Guilty pleas

– – Defense counsel appearance at hearing via speakerphone did not justify habeas relief (U.S., judg rvs), 13
– – Immigration consequences, affirmative misadvice not ineffective (Ky.), 81
– – Sentencing effect, misadvice ineffective (Fla.), In Brief, 164

– Indigents, no threshold showing required to obtain new counsel to make claim re trial counsel (Ga.), 141
– Jury trial waiver, no presumption of prejudice from counsel failure to challenge voluntariness (Pa.), In Brief, 142
– 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
– Public defender's pact with judges, conviction voided (Ga.), In Brief, 142

INSURANCE

– Confidentiality, defense counsel lacks implied authority to share harmful secrets between clients (ABA Op.), 240
– Conflicts of interest, insurer in-house counsel may represent insureds (Tex.), 160
– Equitable subrogation, insurer may rely on to sue insured's attorneys for malpractice (N.Y. App. Div.), 186
– Malpractice coverage

– – Cal. bar task force seeks comment on updated disclosure proposal, 40; text, 40; state bar approves, 271; text, 272; conferees discuss, 300
– – Excess insurer may not sue lawyers for insured (Ind.), 256
– – Mandatory Va. rule released for public comment, 418; text, 419
– – Softening of market for coverage, experts discuss, 123
– – Tex. State Bar fails to endorse disclosure rules, 357

INTELLECTUAL PROPERTY

– Imputed disqualification may be avoided if clients drop issues and pay opponent fees (C.D. Cal.), 9
– Malpractice

– – Federal court does not have jurisdiction just because underlying suit involved federal trademark law (5th Cir.), 406
– – Passive Web site does not create minimum contacts (Tex.), In Brief, 411

– Patent error, client malpractice suit re impact on sale value may proceed (Wis.), 189
– Patent infringement actions

– – Concurrent conflict not cured by broad advance waiver (D.N.J.), 427
– – Filing suit and notifying public, firm did not act improperly (9th Cir.), 376
– – Qualcomm lawyers sanctioned for discovery abuse (S.D. Cal.), 30; sanctions order overturned, lawyers may use confidential data to oppose penalties (rev), 134
– – Summary judgment win, firm sanctioned for continuing suit after (D. Colo.), 104

– Patent law, lawyer may form venture and share fees with nonlawyer (Va. Op.), 216

INTERNATIONAL DEVELOPMENTS

– Immigration

See ALIENS AND CITIZENSHIP

– In-house counsel, Del. MJP exemption applies to lawyers licensed in foreign countries, 66; text, 67
– Outsourcing legal work allowed, potential pitfalls outlined (Fla. Op.), 437

INTERNET

– Advertising and solicitation

See generally ADVERTISING AND SOLICITATION

– Disciplinary charges, Cal. State Bar reviewing proposal to post notice on Web site, 356; proposal approved, In Brief, 395
– E-mail

See E-MAIL

– Malpractice

– – Passive Web site does not create minimum contacts (Tex.), In Brief, 411
– – Passive Web site does not subject Fla. firm to suit in N.J. (D.N.J.), 208

– Online ads not exempt from rules, conferees told, 444

IOWA

– Advertising, ratings given by Super Lawyers and Best Lawyers publishers may be listed in marketing materials (Iowa Op.), 35
– Forging student evaluations, law professor suspended (Iowa), 168