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

NEBRASKA

– Admission without examination, candidates seeking must have degree from ABA-accredited law school (Neb.), 380
– Conflicts of interest, agreement giving law firm all fees on cases taken by departed lawyer unenforceable (Neb.), 181
– Payment of needy client's living expenses, lawyer suspended (Neb.), 220
– Unauthorized practice, Tenn. lawyer did not violate Neb. rules by filing notice demand in probate hearing (Neb.), 180

NEW JERSEY

– Avvo rating system, lawyer data released, 247
– Callers to legal hotline run by nonprofit group granted protection as clients (N.J. Op.), 59
– Candor toward tribunals, settlement stands despite failure to disclose pending appeal in similar case (N.J.), 377
– Concurrent conflict not cured by broad advance waiver (D.N.J.), 427
– Contingent fees, lawyer seeking extra sum need not prove inadequacy of original amount (N.J. Super. Ct. App. Div.), 138
– Court-appointed trustee for suspended lawyer may collect earned referral fees (N.J. Super. Ct. App. Div.), 52
– Cross-border practice limits, task force proposes rule changes to ease, 150; text, 150; some reforms adopted, others deferred, 417; text, 417
– Indicted lawyer, representation by per se ineffective (N.J.), 230
– Malpractice

– – Failure to report theft by colleague may trigger civil liability to injured client (N.J. Super. Ct. App. Div.), 206
– – Limitations period not tolled while client pursues post-conviction relief (N.J. Super. Ct. App. Div.), 27
– – Passive Web site does not subject Fla. firm to suit in N.J. (D.N.J.), 208

– Malpractice, global settlement does not block shareholder derivative suit against lawyers (N.J. Super. Ct. App. Div.), 408
– Materials compiled during investigation leading to disbarment, public cannot examine (N.J. Sup. Ct.), 237
– Pro se litigants, ghostwriting lawyer need not reveal self if providing only limited help (N.J. Op.), 85
– Real estate deals, true “seller's concession” allowed (N.J.), 107

NEW MEXICO

– Charging lien, court recognition is not res judicata of later malpractice claim (N.M.), 344
– Conflicts of interest

– – Adverse representation of incapacitated husband and his wife, lawyer disbarred (N.M.), 169; disciplinary counsel immune from suit for bringing allegedly baseless action on unrelated charges (10th Cir.), 184
– – Defendant threat to have prosecutor killed not disqualifying conflict (N.M.), 80

– Spending flat fee before earning it, lawyer suspended (N.M.), 88

NEW YORK

– Advertising triggered by key words, lawyers may use e-mail service providers that scan messages to insert (N.Y. Op.), 110
– Attempted deceit, question re validity as cause of action certified to N.Y. court (2d Cir.), In Brief, 411
– Divorce retainer agreement calling for consideration of bonus invalid (N.Y. App. Div.), In Brief, 410
– Indicted corporate directors, inspection of legal memos allowed (N.Y. App. Div.), 103; correction, 141
– Inspection of class counsel's entire file, absent client not entitled (N.Y. App. Div.), 28
– LLP general partner not shielded from personal liability for breaches of partner obligations to each other (N.Y.), 5
– Malpractice

– – Attorney-client and work product privilege, “at issue waiver,” scope narrowed in hedge fund suit against law firm (N.Y. App. Div.), 346
– – Client injury, lawyer error need not be sole cause to sustain suit (N.Y. App. Div.), 7
– – Equitable subrogation, insurer may rely on to sue insured's attorneys (N.Y. App. Div.), 186
– – Unsolicited faxes re issues and trends violated federal law (N.Y. App. Div.), 54

– Medical malpractice, referring lawyer not entitled to part of enhanced fee award (N.Y. App. Div.), 210
– Metadata embedded in electronic documents, exploration or use prohibited (New York County Op.), 192
– Milberg Weiss firm, plaintiff kickback scheme, cofounder disbarred after federal guilty plea (N.Y. App. Div.), 195
– Misappropriation of client funds, dead man's law does not bar defense evidence of verbal permission by client (N.Y.), 323
– Negligence of Fla. lawyer hired to assist in case, N.Y. firm liable (N.Y. App. Div.), 405
– Outside lawyer, billing arrangement did not violate fee-sharing rules (N.Y. Sup. Ct.), 232
– Reciprocal discipline, N.Y. prosecutor hiding evidence suspended in both jurisdictions (D.C.), 112
– Scorched-earth litigation tactics, sanctions order justified despite appeal (S.D.N.Y.), 245
– Secret documents of firm's client, reviewing while advising opponent, lawyer suspended (N.Y. App. Div.), 87
– Sexual harassment case, meeting with potential opponent's in-house counsel and fired employee may lead to disqualification (N.Y. App. Div.), 53
– Unauthorized practice, allowing nonlawyer real estate closing firm to use name and bank account, lawyer disbarred (N.Y. App. Div.), 267
– Unpaid fees, N.Y. lawyer may sue Cal. clients for work done by phone, fax, and e-mail (N.Y.), 11

NONCLIENTS

– Lawful claim to client funds triggers lawyer safekeeping duties (Ohio Sup. Ct. Op.), 15
– Malpractice

– – Facilitating client fraud, lawyer liable to nonclient (Conn.), 407
– – Liability to putative beneficiaries requires firm's knowledge of client intent (Minn.), 132

NONLAWYERS

– Partnership with immigration consulting service, lawyer disbarred (Fla.), 387
– Sharing office space allowed, lawyer must take caution (Louisiana Op.), 413

NORTH CAROLINA

– Advertising, lawyers may tout listings in “Super Lawyers” and similar publications (N.C. Op.), 145
– Child custody, contingent fee agreement void, recovery allowed for noncontingent aspects (N.C. Ct. App.), 409
– Duke lacrosse case, misconduct, conferees discuss, 305

NORTH DAKOTA

– FDCPA threat, lawyer suspended re use to get out of paying witness travel expenses (N.D.), 16
– Misuse of trust accounts, rules of state where banks located govern charges (N.D.), 193