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

REAL ESTATE

– Conflicts of interest, firm representing builder of proposed development may not withdraw from representing other client who opposes proposal (Philadelphia Bar Ass'n Op.), 447
– For-profit home loan modification services, lawyers may not work for or with (N.J. Op.), 472
– In-state presence by lawyer/trustee in foreclosures, Utah may require (10th Cir.), 380; text of law, 381
– Malpractice

– – Eminent domain proceeding, Noerr-Pennington immunity does not protect intentional discovery abuse (9th Cir.), 265; spoliation of evidence claim properly dismissed, In Brief, 518
– – Highest-risk areas of law practice, conferees discuss, 536
– – Loan transaction, borrower's attorney owed duty to lender who was intended third-party beneficiary (R.I.), 186

– Mortgage fraud scheme, lawyers disbarred (Md.), 451
– Nonrefundable flat rate fee charged in foreclosure case, lawyer suspended (Ohio), 117
– Unauthorized practice

– – Closing agent services, lawyer censured for business with nonlawyer (N.Y. App. Div.), 361
– – Conveyancing services, nonlawyers may provide (D. Mass.), 213
– – Mortgage restructuring firm, nonlawyers enjoined from arranging settlements for homeowners facing foreclosure (Ohio), 466

RECIPROCAL DISCIPLINE

– “Another jurisdiction,” federal court does not qualify for purpose of streamlined discipline process (Ga.), 330
– Continuing disbarment elsewhere prevents lawyer from seeking reinstatement (Fla.), 84
– Malpractice insurance, failure to notify clients of lapse, breach of Ohio law warrants discipline in Ky. (Ky.), 133
– Variance in standards of review does not preclude (N.D.), 198
– Voluntary resignation from Conn. bar may subject lawyer to discipline in state (Mass.), 117

REFERRALS

– For-profit home loan modification services, lawyers may not pay referral fees to (N.J. Op.), 472
– Lawyer-client relationship, protection of prospective client information during possible referral talks (D.C. Op.), 130
– Malpractice, in-state client referred to Tex. firm, Fla. firm not subject to suit in Tex. (Tex. Ct. App.), 290
– Medical malpractice, referring lawyer entitled to part of enhanced fee award (N.Y.), 191
– Underpayment of referral fee, dismissal of suit against law firm not required despite inability to mount defense without revealing client secrets (Cal. Ct. App.), 514

REGULATION OF BAR

– Credit counseling firms, exemption to licensing requirement inapplicable to out-of-state lawyers (S.C.), 263
– Global regulation, conferees discuss, 300; British regulation, objectives, 301; self-assessment list, 302
– Identity theft red flag rules, ABA urges FTC to grant lawyers exemption from, 363; FTC delays rule enforcement, 417; ABA files suit challenging rules (D.D.C.), 476
– Korea liberalizes legal services market and agrees to recognize foreign legal consultants, 227
– Legal Services Corp. funding rules, Or. lacks standing to challenge (9th Cir.), 29
– Lobbying reform, Fla. law upheld (Fla.), 158
– State troopers, N.J. may bar from practicing law (D.N.J.), 409

REINSTATEMENT

– Consulting work during suspension precludes reinstatement, legal advice provided (Fla.), 390
– Reciprocal disbarment, continuing disbarment elsewhere prevents lawyer from seeking reinstatement (Fla.), 84
– Tax debt, broken promise to repay prevents reinstatement of suspended lawyer (Okla.), 296

REPRIMAND

– Accepting matter outside experience and providing incompetent representation (Neb.), 85
– Client files left beside dumpster (Ohio), 198
– Defamation, filing action against former client over statements to disciplinary authorities (La.), 170
– Drunk driving, lawyer with 5 convictions (Wis.), 332
– Former girlfriend's money mistakenly deposited into operating account (Md.), 499
– Judge who negotiated fee reduction in own divorce case while appointing personal lawyer as mediator in cases in his courtroom (Minn.), 528
– Malpractice insurance, failure to notify clients of lapse, breach of Ohio law warrants reciprocal discipline in Ky. (Ky.), 133
– Misrepresentation to obtain bench warrant (Conn. App. Ct.), 18
– Nondisclosure to probate court existence of sole heir (Ala.), 524
– Rule 11, public rebuke sufficient to deter repeat violations (3d Cir.), 324
– Sex, telephone conversations with client about (Ohio), 498
– Subterfuge used to interview represented party (Ky.), 528
– Trading insults and courtroom altercation (La.), 298

RETAINER AGREEMENTS

– Ill. rule for handling retainers, text of revised provision, 366
– Incentive provisions created conflicts in class action (9th Cir.), 239
– Nonrefundable retainers

– – Characterization improper (Alaska Op.), 294
– – Conferees discuss, 90
– – Minimum fee retainer not unreasonable, disciplinary action dismissed (Mich.), 34; retainer provision, text, 34

– Promise to be responsive, failure to meet was breach of contract (Md. Ct. Spec. App.), 74
– Prospective fee disputes, mandatory arbitration clause valid (Cal.), 53

RETIREMENT

– Unauthorized practice, attorney disbarred for continuing practice after shifting to retired status (Kan.), 414

RHODE ISLAND

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malpractice in loan transaction, borrower's attorney owed duty to lender who was intended third-party beneficiary (R.I.), 186

RULE 11 SANCTIONS

– Nonpayment of sanctions for filing meritless suit, lawyer disbarred (N.Y. App. Div.), 18
– Oral statements alone cannot support (4th Cir.), 212
– Pleading allegedly included inferences disguised as facts, lawyer improperly sanctioned (D.C. Cir.), 445
– Pro se lawyer defending from frivolous lawsuit not entitled to attorneys' fees (Cal.), 51
– Public reprimand sufficient to deter repeat violations (3d Cir.), 324
– Pursuit of claims lacking evidentiary support, exceptional circumstances save law firm from being sanctioned with lawyers (6th Cir.), 103
– Securities fraud, bad faith not required to impose sanctions under PSLRA for meritless suit (2d Cir.), 484