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MAINE

– Admission to bar, special advance waivers will not be granted to future graduates of unaccredited law school (Me.), 381
– Disqualification, 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
– Electronic processing and storage of client data, third party may be used with safeguards (Me. Op.), 14

MALPRACTICE

– Actual innocence hurdle applies to related charges (Cal. Ct. App.), 536
– Aiding and abetting client torts, lawyer may be liable (Ariz. Ct. App.), 558
– Arbitration, firm that participated in discovery waived right (Ill. App. Ct.), 185
– Attorney-client and work product privilege, “at issue waiver,” scope narrowed in hedge fund suit against law firm (N.Y. App. Div.), 346
– Attorneys' fee suit, client failure to raise malpractice claim waived right to file separate suit (Colo. Ct. App.), 343
– Charging lien, court recognition is not res judicata of later malpractice claim (N.M.), 344
– Client award not reduced by contingent fee lawyer would have earned (Wash. Ct. App.), 187
– Client injury, lawyer error need not be sole cause to sustain suit (N.Y. App. Div.), 7
– Collateral estoppel does not bar relitigation of issue not resolved on appeal (N.Y.), 559
– Collectibility of lost judgment must be proven (Ohio), 315
– Confidential settlement pact divulged, lawyer faces contract and malpractice claims (Ohio Ct. App.), 162
– Conflicts of interest

– – Chicago-based firm subject to suit in La. (5th Cir.), 77
– – Competitor of client, suit against firm that helped set up business may proceed (N.Y. App. Div.), 508
– – Construction dispute, suit against firm representing both sides reinstated (6th Cir.), 456
– – Plaintiff's lawyers must pay for keeping firm's policy manual (S.C.), 511
– – Waiver derails suit for representing bank and borrowers (Ohio Ct. App.), 345

– Conflicts of interest, limitation of liability, Analysis and Perspective, 497; 525
– Corporate successor to original client inherits right to trade secret misappropriation claim (N.D. Ill.), 560
– Debt collection, LLC lawyer, corporate veil piercing not needed for individual liability under FDCPA (6th Cir.), 133
– Deceptive trade practice act does not apply to practice of law (Ark.), 314
– Divorce papers discoverable (N.Y. App. Div.), In Brief, 540
– Equitable subrogation, insurer may rely on to sue insured's attorneys (N.Y. App. Div.), 186
– Exceeding cost estimates and raising rates did not breach fiduciary duties (Tex. Ct. App.), 207
– Expert witness may be deposed as fact witness (Or.), In Brief, 109
– Facilitating client fraud, lawyer liable to nonclient (Conn.), 407
– Fair Debt Collection Practices Act error defense applies to legal and procedural mistakes (6th Cir.), 457
– Fee disputes, panelists discuss counterclaims to, 125
– Forum selection clause in retainer agreement enforceable (5th Cir.), 402
– Insider trading, anti-indemnity rule blocks suit (Wash. Ct. App.), 25
– Insurance carrier may not use equitable subrogation to pursue suit against lawyer who represented insureds (Colo. Ct. App.), 481
– Insurance issues

See INSURANCE

– Intellectual property

– – Patent error, client suit re impact on sale value may proceed (Wis.), 189
– – Patent infringement, firm did not act improperly in filing suit and notifying public (9th Cir.), 376

– Judgment creditor with receivership rights not de facto assignee of suit (Ill. App. Ct.), 230
– Laches dismissal does not estop suit (Cal. Ct. App.), In Brief, 57
– Late entry and limited role in case does not block malicious prosecution action against law firm (Cal. Ct. App.), 8
– Limitations periods

See STATUTES OF LIMITATIONS

– Litigation privilege shields comments made to likely witness in public setting (N.C. Ct. App.), 537
– Medical malpractice, referring lawyer not entitled to part of enhanced fee award (N.Y. App. Div.), 210
– Misrepresentation by lawyer, client may recover despite failure to prove case within case (8th Cir.), 342
– Mo. public defenders cannot claim official immunity (Mo. Ct. App.), 26
– Neglect of client matter, fraudulent concealment by lawyer cannot be imputed to partnership (N.C. Ct. App.), 509
– N.Y. firm liable for negligence of Fla. lawyer hired to assist in case (N.Y. App. Div.), 405
– Nonclients, liability to putative beneficiaries requires knowledge of client intent (Minn.), 132
– Opponent medical records, release subjects lawyer to breach of privacy suit (Ohio), 375
– Passive Web sites

– – Fla. firm not subject to suit in N.J. (D.N.J.), 208
– – Minimum contacts not created (Tex.), In Brief, 411

– Real estate deals, claims arising out of increase, ABA reports, 571; types of claims, list, 571
– Refusal to stay suit while underlying action still ongoing proper (Tenn. Ct. App.), 188
– Risky areas of practice, conferees discuss, 114
– Settlement of underlying matters

See SETTLEMENTS

– Sexual relationship with client's wife, jury verdict upheld, expert evidence not needed (Miss.), 427
– Standing

– – Deed transfer leading to increased tax liability, intended will beneficiaries may not sue preparing lawyer (Ohio), 228
– – Representation of county, taxpayers may not sue lawyers (Or. Ct. App., Wash. Ct. App.), 256

– Theft by colleague, failure to report may trigger civil liability to injured client (N.J. Super. Ct. App. Div.), 206
– Third party claims, lack of privity when serving in nonlitigation capacity, conferees discuss, 573
– Trademark case, federal court does not have jurisdiction just because underlying suit involved federal law (5th Cir.), 406
– Unfair trade practices suit, motor vehicle records may be obtained under Driver Privacy Protection Act litigation clause (11th Cir.), 229
– Unsolicited faxes re issues and trends violated federal law (N.Y. App. Div.), 54
– Workers' compensation suit, lawyer statement to television reporter that opponent claim was fraud protected from defamation suit (Fla. Dist. Ct. App.), 458

MARYLAND

– Conflicts of interest, personal injury lawyer may not loan client money to pay for medical expenses (Md. Op.), 84
– Direct contact prohibition does not apply to contact with union or contact via e-mail (Md. Op.), 489
– E-mail remark telling friend lies re separation could speed up no-fault divorce, lawyer reprimanded (Md.), 220
– Lax supervision of employee in Md., Pa. firm partners suspended (Md.), 491
– Posing as police officer to keep prosecution witness from testifying, lawyer suspended (Md.), 388
– Preparation of bills, lawyers may not charge clients for time spent (Md.), 351
– Taking implausible case was incompetence (Md.), In Brief, 442

MASSACHUSETTS

– Boilerplate contingent fee contract with lopsided discharge terms, personal injury lawyer admonished re use (Mass.), 219
– Conduct in R.I. federal court, Mass. lawyer may be disciplined in state (D.R.I.), 563
– Disagreement re expenses, lawyer who withdrew not entitled to fee, contingency never occurred (Mass.), 51
– For-profit network requiring members to make cross-referrals, lawyer cannot take part (Mass. Op.), 241
– Job interview ruse with judge's former law clerk, lawyers disbarred (Mass.), 86
– Law school's promises re accreditation do not give graduate valid fraud claim (1st Cir.), 379
– Unpaid fees, anti-SLAPP law shields lawyer's attempt to collect after client check bounced (Mass.), In Brief, 214

MEDIA

– Conflicts of interest, accounts of pending cases, prosecutors reinstated (Cal.), 259
– Workers' compensation suit, lawyer statement to television reporter that opponent claim was fraud protected from defamation suit (Fla. Dist. Ct. App.), 458

MEDIATION

– Diversification of services, effect on ethics standards, conferees discuss, 304
– Divorce settlement, lawyer may not mediate and draft papers to implement (Tex. Op.), 565
– SEC rule change allows out-of-state lawyers to represent parties, 67

MENTAL HEALTH

– Impaired lawyers, duties to others, panelists discuss, 122
– Misappropriation of client funds, bipolar lawyer suspended (Mo.), 439

METADATA

See COMPUTERS

MICHIGAN

– Advance fees, credit card payments may not be deposited in business account (Mich. Op.), 287
– Aiding Mich. lawyer's unauthorized practice, Wis. lawyer suspended (Wis.), 170
– Campaign donation reimbursement, Feiger and law partner acquitted (E.D. Mich.), 295
– Contingent fee, state limit blocks trial lawyer from charging extra for appeal (Mich. Ct. App.), 281
– Marketing arrangement for living trusts, lawyer suspended (Ohio), 197
– Unpaid fees, limitations period not extended by time spent complying with client request to turn over file after withdrawal (Mich. Ct. App.), 183

MINNESOTA

– Bankruptcy Abuse Prevention and Consumer Protection Act, advice limits violate lawyers' free speech (8th Cir.), 480
– Malpractice, liability to nonclient requires firm's knowledge of client intent (Minn.), 132
– Misuse of trust accounts, rules of state where banks located govern charges (N.D.), 193
– Prosecutor failure to meet continuing legal education requirements, prejudice to defendant (Minn. Ct. App.), In Brief, 411
– Whistleblower protections do not apply to in-house lawyers who report law violations to management (Minn. Ct. App.), 280

MINORS

See CHILDREN

MISAPPROPRIATION OF FUNDS

– Client funds

– – Bipolar lawyer suspended (Mo.), 439
– – 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

– Client property, double jeopardy does not bar post-disbarment criminal prosecution (Tex. Ct. App.), 64
– Malpractice, failure to report theft by colleague may trigger civil liability to injured client (N.J. Super. Ct. App. Div.), 206

MISSISSIPPI

– Former inmate employed as paralegal, lawyer failure to supervise assisted unauthorized practice (Miss.), 385
– Rule 11 sanctions must be imposed on lawyers who filed suit for dead client (Miss. Ct. App.), 535
– Sexual relationship with client's wife, jury verdict upheld, expert evidence not needed (Miss.), 427

MISSOURI

– Collaborative law practice, lawyers may enter (Mo. Sup. Ct. Op.), 488
– Disqualification required where prosecutor previously defended accused on similar charge (Mo.), 190
– Malpractice, public defenders cannot claim official immunity (Mo. Ct. App.), 26
– Misappropriation of client funds, bipolar lawyer suspended (Mo.), 439
– Unauthorized practice, treble damages law upheld (Mo.), In Brief, 164

MJP

See MULTIJURISDICTIONAL PRACTICE (MJP)

MONTANA

– Commingling funds and charging excessive fees, lawyer suspended (Mont.), 89
– Confidential disciplinary records may not be released contrary to court rules (Mont.), 433

MULTIJURISDICTIONAL PRACTICE (MJP)

– In-house counsel, Del. exemption applies to lawyers licensed in foreign countries, 66; text, 67
– N.J. task force proposes rule changes to ease limits on cross-border practice, 150; text, 150; some reforms adopted, others deferred, 417; text, 417
– Tenn. proposal would ease limits on cross-border practice and pro bono work, 391
– Variations in regulation, conferees discuss, 574; Conn. rule, text, 575
– Wis. adopts revised rules, 549; text, 549

MULTIPLE REPRESENTATION

– Confidentiality, insurance defense counsel lacks implied authority to share harmful secrets between clients (ABA Op.), 240
– Construction dispute, malpractice suit against firm representing both sides reinstated (6th Cir.), 456

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