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

MAINE

– ABA Model Rules, revisions adopted, 135; inadvertent disclosure rule, text, 135
– Attorney-client privilege, corporate counsel criticized for using memo from employee's personal counsel found on company laptop (Me.), 382

MALPRACTICE

– Advertising, unsolicited faxes on malpractice issues do not violate federal junk fax law (N.Y.), 318; FCC guidance defining “unsolicited advertisement,” 318
– Aggregate settlement terms, lawyer may be liable for withholding information (Miss.), 124
– Anti-SLAPP law, malpractice suit not barred despite some claims refer to public petitioning actions taken in court (Cal. Ct. App.), 516
– Assignment of claims

– – Contracting to assign only proceeds, anti-assignment rule cannot be avoided by (Ky. Ct. App.), 105
– – Corporate merger, defunct company may transfer claims to former shareholders as part of (Ill. App. Ct.), 348
– – Public policy bars assignment (La. Ct. App.), 287

– Attorney-client privilege

– – In-house privilege, law firm may not claim against current client (E.D. La.), 319
– – Protections not always waived in suit between firm and ex-client (Ohio Ct. App.), 286

– Attorneys' fees spent remedying injury may be recovered (Ill. App. Ct.), 25
– Bankruptcy

See BANKRUPTCY

– Class actions, counsel need not ensure class members' timely submission of settlement claim form (Cal. Ct. App.), 376
– Co-counsel cannot sue each other over advice given to mutual client (Md. Ct. Spec. App.), 188
– Coerced sex, client suing for fiduciary duty breach must show tangible loss (Ark.), 189
– Debt collection

See DEBT COLLECTION

– Deceit by attorney, statutory claim applies only to conduct in existing action (Wyo.), 106
– Defamation

– – Press release, lawyer who included statements repeated from complaint 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

– Experts

See EXPERT WITNESSES

– Failure to file suit, case within case must be proven (Ohio Ct. App.), 160
– Feres doctrine bars soldier suit against U.S. over legal advice provided by Army JAG office (N.D. Cal.), 267
– Former client's interests in related matter, lawyer may have fiduciary duty to protect (S.C. Ct. App.), 378
– Frivolous lawsuit, involvement of client bars suit against own lawyer (N.C. Ct. App.), 461
– Hedge fund, firm hired to represent general partner owed no duty to limited partners (N.Y.), 322
– Highest-risk areas of law practice, conferees discuss, 536
– Immunity

– – Eminent domain proceeding, Noerr-Pennington immunity does not protect intentional discovery abuse (9th Cir.), 265; spoliation of evidence claim properly dismissed, In Brief, 518
– – Judgmental immunity doctrine bars suit over tactical choices based on unsettled law (D.C.), 187

– Insurance issues

See INSURANCE

– Jurisdiction

See JURISDICTION

– Law firms

See LAW FIRMS

– Limitations periods

See STATUTES OF LIMITATIONS

– Loan transaction, borrower's attorney owed duty to lender who was intended third-party beneficiary (R.I.), 186
– Malicious use of process, party may sue lawyers of opponent if attorneys' purpose improper and essential right infringed (N.J.), 265
– Mediation mishandling, suit dismissed given law barring disclosure of mediation communications (D. Or.), 439
– Medical malpractice, referring lawyer entitled to part of enhanced fee award (N.Y.), 191
– Mid-trial settlement offer, absolute litigation privilege protects attorney letter (Cal. Ct. App.), 125
– Nonclient creditor, liability to, escrow mistake (S.C.), In Brief, 468
– Plaintiffs' attorneys, client selection, conferees discuss, 141
– Potential claim, failure to reveal not fiduciary duty breach (8th Cir.), 48
– Potential clients may sue for bad advice during initial interview (Colo. Ct. App.), 104
– Practical strategies for winning, conferees discuss, 229
– Prenuptial agreement drafting, suit may proceed after divorce settlement (N.H.), 49
– Res judicata, fraud claims against lawyer of opponent need not be joined to suit against opponent (Minn. Ct. App.), 401
– Retainer agreement promise to be responsive, failure to meet was breach of contract (Md. Ct. Spec. App.), 74
– Standing

See STANDING

– Viable theories in complaint, courts have no duty to find (Pa.), 236
– Wills and estates

See WILLS AND ESTATES

MARYLAND

– Admission to the bar

– – DWI conviction, late disclosure warrants denial of admission (Md.), 30
– – In-house counsel, fees for special admission, Analysis and Perspective, 95

– Fee award for frivolous suit not barred despite insurer payment of litigation costs (Md. Ct. Spec. App.), In Brief, 491
– Former girlfriend's money, lawyer who mistakenly deposited into operating account reprimanded (Md.), 499
– Malpractice

– – Co-counsel cannot sue each other over advice given to mutual client (Md. Ct. Spec. App.), 188
– – Retainer agreement promise to be responsive, failure to meet was breach of contract (Md. Ct. Spec. App.), 74

– Mortgage fraud scheme, lawyers disbarred (Md.), 451
– New clients, legal services nonprofit may continue to accept despite risk of closure from recession (Md. Op.), 412
– Sexual relations with client, lawyer suspended (Md.), 222

MASSACHUSETTS

– Accountant memos to in-house lawyer are protected work product (Mass.), 156
– Client threats to harm third parties, lawyer cannot be compelled to tell grand jury (Mass.), 157
– Corporate formalities, past advice disqualifies firm from opposing ex-clients (Mass. App. Ct.), 285
– Dishonesty in personal domestic relations financial statement, lawyer suspended (Mass.), 36
– Fees, attorneys' lien may attach to patent applications and sale proceeds (Mass.), 406
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Limited assistance representations, state to allow, 255
– Lying about being victim of domestic assault, lawyer suspended (Mass.), 62
– Revoked work visa, lawyer for foreign worker and employer must inform employer (Mass. Op.), 113
– Unauthorized practice, nonlawyers may provide real estate conveyancing services (D. Mass.), 213
– Voluntary resignation from Conn. bar may subject lawyer to discipline in state (Mass.), 117

MEDIATION

– Conflicts of interest

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

– Malpractice during mediation, suit dismissed given law barring disclosure of mediation communications (D. Or.), 439
– Personal divorce lawyer appointed as mediator in his courtroom, judge suspended for negotiating legal fee reduction at same time (Minn.), 528

MENTAL HEALTH

– Conflicts of interest, impaired clients

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

– Elderly former client, lawyer suspended for unsupported request to declare incompetency of (Wash.), 360
– Ineffective assistance of counsel

– – Forgoing insanity defense that lawyer believed would fail not ineffective (U.S., rvs and rem), 162
– – Guilty but mentally ill verdict sought by counsel over defendant's objection (Del.), 410

– Sex crimes, mental disability not mitigating factor if risk of recidivism continues, lawyer suspended (Ohio), 475

METADATA

See COMPUTERS

MICHIGAN

– Fees

– – Limitations period for recovering unpaid fees, request by client for file does not extend (Mich.), 407
– – Nonrefundable minimum fee retainer not unreasonable, disciplinary action dismissed (Mich.), 34; retainer provision, text, 34

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Trial conduct, Fieger may not challenge state rules requiring “courtesy” and “respect” from lawyers, judgment vacated (E.D. Mich.), 50

MILITARY

See ARMED SERVICES

MINNESOTA

– Conflicts of interest, attorney and firm improperly disqualified given 25-year span between job bias lawsuits (Minn. Ct. App.), 404
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Judge suspended for negotiating fee reduction in own divorce case while appointing personal lawyer as mediator in cases in his courtroom (Minn.), 528
– Lawyer-client relationship not nullified by lack of contact with insured (Minn. Ct. App.), 216
– Malpractice, fraud claims against lawyer of opponent need not be joined to suit against opponent (Minn. Ct. App.), 401
– Name of firm, at least two lawyers required to use “Associates” (Minn. Op.), 386
– Online solicitation of sex with alleged teenager, lawyer suspended after guilty plea (Minn.), 474
– Prosecutor's defective license, defendant must show harm to obtain retrial (Minn.), 243
– Reciprocal discipline not precluded by variance in standards of review (N.D.), 198

MINORS

See CHILDREN

MISAPPROPRIATION OF FUNDS

– Client funds, drug addiction cannot be used as mitigating factor, lawyer's license annulled (W. Va.), 271
– Taking fee prior to court approval, presumption of disbarment proper (D.C.), 132

MISSISSIPPI

– Malpractice, lawyer may be liable for withholding information on aggregate settlement terms (Miss.), 124

MISSOURI

– Client files, electronic-only storage proper for most items (Mo. Op.), 294
– Conflicts of interest, limit on scope of post-conviction relief waivers in plea agreements (Mo. Op.), 327; views of ethics committees from other states, 327
– Dishonesty, pact for diversion of criminal charges does not affect disciplinary sanction (Mo.), 86
– Fiduciary duty, client breach claim must specify disloyalty (Mo.), In Brief, 12
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malpractice, excess insurer may sue attorneys defending insured in wrongful death action (E.D. Mo.), 462

MJP

See MULTIJURISDICTIONAL PRACTICE (MJP)

MONTANA

– Undisputed breach of ethics rule not per se ineffective (9th Cir.), 110

MORTGAGES

See REAL ESTATE

MOTOR VEHICLES

– Drunk driving

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

– Operating vehicle without insurance does not warrant professional discipline (La.), 299

MULTIJURISDICTIONAL PRACTICE (MJP)

– Ky. adopts revised rules, 225
– Model Rule 5.5 exceptions to unauthorized practice rules, Analysis and Perspective Part I, 503; consequences of not following state rules, Part II, 539
– Tenn. proposes revised rules, 275
– Va. adopts revised rules, 41; text, 42