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

REAL ESTATE

– Conflicts of interest, lender counsel may rebate portion of referral fee paid by title insurer (Philadelphia Bar Ass'n Op.), 350
– Homestead rights, retainer agreement may not stipulate client waiver (Fla.), 32
– Lawyer-client relationship, buyer's lawyer must release funds to seller over client objection (N.C. Op.), 488
– Mortgages

– – True “seller's concession” allowed (N.J.), 107
– – Unauthorized practice by lenders, private remedy for borrowers (Fla. Dist. Ct. App., 11th Cir.), 208

– Unauthorized practice, allowing nonlawyer closing firm to use name and bank account, lawyer disbarred (N.Y. App. Div.), 267

REFERRALS

– Conflicts of interest

– – Lawyer representing both corporation and owner may get fee for referring owner claim against company (Philadelphia Bar Ass'n Op.), 216
– – Lender counsel may rebate portion of referral fee paid by title insurer (Philadelphia Bar Ass'n Op.), 350

– Court-appointed trustee for suspended lawyer may collect earned referral fees (N.J. Super. Ct. App. Div.), 52
– Executor fiduciary duty bars receipt of referral fee from counsel for estate (Philadelphia Bar Ass'n Op.), 287
– For-profit ventures

– – Internet referral services, lawyers may take part (D.C. Op.), 58
– – Network requiring members to make cross-referrals, lawyer cannot take part (Mass. Op.), 241

– Medical malpractice, referring lawyer not entitled to part of enhanced fee award (N.Y. App. Div.), 210

REGULATION OF BAR

– Bankruptcy Abuse Prevention and Consumer Protection Act, advice limits violate lawyers' free speech (8th Cir.), 480
– Diversification of services, effect on ethics standards, conferees discuss, 304
– Future of lawyer regulation, conferees discuss, 446; history of conduct rules, 446; reform in England and Wales, 447

REINSTATEMENT

– Bribery conviction outweighs disbarred lawyer's transformation, reinstatement denied (Tenn.), 414
– In-house counsel's long neglect of license, penalties ordered before return to bar (Okla.), 147
– Order vacating conviction does not allow disbarred lawyer to reclaim license (Tex. Ct. App.), 414
– Suspended lawyer, trial court modification of conditions improper (Tenn.), 267
– Third party may not move to vacate (Md.), In Brief, 198
– Writing and consulting work show competence and rehabilitation needed for readmission (Vt.), 292

REMEDIES

See generally DAMAGES

REPORTING REQUIREMENTS

– Impaired lawyers, panelists discuss duty to report, 122
– Malpractice

– – Insurance, Cal. bar task force seeks comment on updated disclosure proposal, 40; text, 40; state bar approves, 271; text, 272; conferees discuss, 300
– – Theft by colleague, failure to report may trigger civil liability to injured client (N.J. Super. Ct. App. Div.), 206

REPRIMAND

– Adverse representation re auto accident (Wash.), 440
– Aiding high-volume foreclosure counseling firm's unauthorized practice (Ohio), 520
– Brochures violating advertising and solicitation rules (Ind.), 494
– E-mail remark telling friend lies re separation could speed up no-fault divorce (Md.), 220
– Offer to destroy supposedly forged paper (Iowa), 520
– Web site and e-mail deployed after jet crash (Ky.), 521

RETAINER AGREEMENTS

– Divorce agreement calling for consideration of bonus invalid (N.Y. App. Div.), In Brief, 410
– Homestead rights, agreement may not stipulate client waiver (Fla.), 32
– Malpractice, forum selection clause enforceable (5th Cir.), 402

RHODE ISLAND

– State attorney general may hire private firm on contingent fee basis to help in civil suit (R.I.), 374

RULE 11 SANCTIONS

– Conversion of funds, lawyer must conduct reasonable investigation before filing suit against client's former counsel, sanction proper (S.C.), 317
– Court denial of motion within safe harbor period prevents motion for sanctions (11th Cir.), 379
– District court must decide pending motions before entering final judgment on merits (3d Cir.), 75
– Frivolous tort suit against gay rights group, lawyer must pay sanction for pursuing (Wis.), 318
– Informal notice of intent to seek does not meet procedural requirements (5th Cir.), 204
– Prior conduct may not be considered without advance warning (Fed. Cir.), 279
– Pursuit of empty claim, sanction affirmed (7th Cir.), 257