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

SANCTIONS

– Access to file, lawyers and firm sanctioned over “scorched earth” fight with predecessor counsel (D. Nev.), 211
– Admonishment

See ADMONISHMENT

– Annulment of license for misappropriation of client funds (W. Va.), 271
– Bad faith of attorneys, sanctions under court's inherent power

– – Imputation of bad faith to firm not allowed (2d Cir.), 241
– – Shifting government's fees to criminal defense lawyer not allowed (Ariz. Ct. App.), 517

– Censure

See CENSURE

– Disbarment

See DISBARMENT

– Discovery violations

See DISCOVERY

– Ex parte contacts with class action members, lawyer properly sanctioned for sending letter criticizing proposed settlement (Cal. Ct. App.), 352
– Frivolous litigation

See FRIVOLOUS CLAIMS

– Inadvertently produced privileged documents, lawyer sanctioned for copying before returning (Cal. Ct. App.), 77
– Reprimand

See REPRIMAND

– Revocation of license after guilty plea to pay-to-play scheme while working as investment banker (Wis.), 526
– Rule 11

See RULE 11 SANCTIONS

– Soliciting clients by telephone, law firm properly sanctioned (11th Cir.), 487
– Suspension

See SUSPENSION

SCREENING

– Concurrent representation of defendant and prosecution witness, screening by law firm and accused's waiver should have averted disqualification (Iowa), 109
– Lateral hires

– – Competing proposals presented for vote at ABA midyear meeting, 37; proposals, text, 38; rule modification approved, 88; text of rule, 88; clarifying amendment proposed, 334; text of proposed changes, 334; amendment approved, 418; panelists discuss new rule, 420
– – N.M. rule, text, 64

SECURITIES

– Malpractice

– – Hedge fund, firm hired to represent general partner owed no duty to limited partners (N.Y.), 322
– – Mid-trial settlement offer, absolute litigation privilege protects attorney letter (Cal. Ct. App.), 125

– PSLRA, bad faith not required to impose attorney sanctions for meritless market manipulation suit (2d Cir.), 484
– Sarbanes-Oxley Act

– – Attorneys' fees, plaintiff who took judgment offer entitled to (4th Cir.), 9
– – Whistleblowers, in-house counsel may claim retaliatory discharge by employer (9th Cir.), 432

– Sorting documents not protected by work product privilege (S.D.N.Y.), In Brief, 81
– Stock option manipulation, interviewing exec and giving statements to government improper (C.D. Cal.), 190
– Unauthorized practice, accountant may not represent arbitration claimant (Va. Op.), 167

SETTLEMENTS

– Attorneys' fees

– – Informal offer of settlement, rejection by prevailing party may factor into fee award (3d Cir.), 408
– – Private attorney general suits, settlement efforts not prerequisite to recovery (Cal.), 8
– – Statutory fee waiver, lawyers may offer settlements conditioned on (Cal. Op.), 293
– – Unresolved fee dispute, lawyer need not endorse joint-payee settlement check since attorneys' lien would be extinguished (Cal. Op.), 473

– Class actions

– – Fen-Phen settlement funds, forfeiture order upheld for lawyers convicted of defrauding clients (E.D. Ky.), 369
– – Proposed settlement criticized, lawyer sanctioned for sending letter to class members (Cal. Ct. App.), 352
– – Settlement claim forms, counsel need not ensure class members' timely submission of (Cal. Ct. App.), 376

– Conflicts of interest, jointly represented clients may not waive right to approve proposed aggregate settlement (New York City Op.), 495
– Malpractice

– – Aggregate settlement terms, lawyer may be liable for withholding information (Miss.), 124
– – Mid-trial offer, absolute litigation privilege protects attorney letter (Cal. Ct. App.), 125

– Unauthorized practice, nonlawyers in mortgage restructuring firm enjoined from negotiating settlements for homeowners facing foreclosure (Ohio), 466

SEXUAL MISCONDUCT

– Affair with client, lawyer suspended (Md.), 222
– Malpractice, client suing for fiduciary duty breach must show tangible loss from coerced sex (Ark.), 189
– Online solicitation of sex with alleged teenager, lawyer suspended after guilty plea (N.Y. App. Div.), 35; (Minn.), 474
– Telephone conversations with client about sex, lawyer reprimanded (Ohio), 498

SIXTH AMENDMENT

– Ineffective assistance

See INEFFECTIVE ASSISTANCE OF COUNSEL

SOLICITATION

See ADVERTISING AND SOLICITATION

SOUTH CAROLINA

– Credit counseling firms, exemption to licensing requirement inapplicable to out-of-state lawyers (S.C.), 263
– Fee dispute, N.C. ruling enforceable against out-of-state clients (S.C.), In Brief, 410
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malpractice

– – Former client's interests in related matter, lawyer may have fiduciary duty to protect (S.C. Ct. App.), 378
– – Nonclient creditor, liability to, escrow mistake (S.C.), In Brief, 468
– – Prospective will beneficiaries, lawyer had no duty to act swiftly in drafting will for ailing client (S.C.), 161

STANDING

– Conflicts of interest, nonclient usually may not raise (E.D. Cal.), In Brief, 11
– Legal Services Corp. funding rules, Or. may not challenge (9th Cir.), 29
– Malpractice

– – Estate executor may sue decedent's lawyers for conduct unrelated to will (Tex.), 350
– – Excess insurer may sue attorneys defending insured in wrongful death action (E.D. Mo.), 462
– – Insurer may sue counsel hired to represent insured (M.D. Fla.), 377

– Trial conduct, Fieger may not challenge state rules requiring “courtesy” and “respect” from lawyers, judgment vacated (E.D. Mich.), 50

STATUTES OF LIMITATIONS

– Candor toward tribunals, lawyer's failure to disclose to probate court existence of sole heir is continuing offense, misconduct charges timely filed (Ala.), 524
– Malpractice

– – Amendment to defective complaint does not relate back to initial filing (La.), 349
– – Bankruptcy

– – – “Course of litigation” exception does not extend limitations period since bankruptcy matter not adversarial (Ariz. Ct. App.), 402
– – – Federal law trumps La. time limit for filing claim on behalf of bankruptcy estate (5th Cir.), 462

– – Missed filing deadline not absolved by client failure to assert claim in other jurisdiction (Va.), 289
– – Potential clients may sue for providing misinformation on limitations period during initial interview (Colo. Ct. App.), 104
– – Purposely delaying service of process made filing untimely (Tenn. Ct. App.), 11

– Unpaid fees, limitations period for recovering not extended by client's request for file (Mich.), 407

SUPERVISORY LAWYERS

– Sharing informer data, prosecutor has absolute immunity from civil rights suit over failure to train other lawyers (U.S., judg rvs), 58

SUPREME COURT, U.S.

– Attorneys' fees, civil rights action, enhancement for superior performance (rev grant), 201; oral argument set, 532
– BAPCPA debt relief agency restrictions do not limit lawyers' free speech rights (rev grant), 292; ABA amicus brief urges exclusion of lawyers from definition of debt relief agency, 501; oral argument set, 532
– Ineffective assistance of counsel

– – Deportation from guilty plea, attorney's duty to advise client of risk (oral arg set), 532
– – Forgoing insanity defense that lawyer believed would fail not ineffective (rvs and rem), 162

– Justice required to recuse self from case after election due to large campaign donation (rvs and rem), 290; impact of decision, Analysis and Perspective, 335; text of ABA Model Code recusal rules, 336; ABA draft report surveys rules and procedures for recusal, 337
– Malpractice, FDCPA bona fide error defense applies to mistakes of law (rev grant), In Brief, 354
– Privileged material, discovery order to disclose not subject to interlocutory review (rev grant), 59; oral argument set, 532
– Sharing informer data, supervisory prosecutor has absolute immunity from civil rights suit over failure to train other lawyers (judg rvs), 58

SUSPENSION

– Bankruptcy judges have inherent authority to suspend lawyers for egregious conduct (9th Cir.), 242
– Conflicts of interest

– – Debt owed by another client, impaired client persuaded to forgive (Ill.), 332
– – Fee arrangement improperly modified to favor firm over client (La.), 388
– – Joint representation of family members without consent and disclosing client confidences (Wash.), 497
– – Representing impaired client, conservator of client's estate, and client's wife (N.H.), 523
– – Starting company in same business as corporate client without consent (Fla.), 116
– – Taking over corporations from client facing securities fraud charges without valid conflicts waiver (Fla.), 297

– Conversion of client funds (La.), 17
– Dishonesty

– – Pact for diversion of criminal charges does not affect disciplinary sanction (Mo.), 86
– – Personal domestic relations financial statement (Mass.), 36
– – Victim of domestic assault, lying about being (Mass.), 62

– Financial disclosure laws breached, suspension stayed (Ohio), 331
– Incompetency of elderly former client, unsupported request to declare (Wash.), 360
– Judge who negotiated fee reduction in own divorce case while appointing personal lawyer as mediator in cases in his courtroom (Minn.), 528
– Name of firm, deceptive indication of partnership and associates (Ohio), 223
– Nonrefundable flat rate fee charged in foreclosure case (Ohio), 117
– Nonrefundable retainer in divorce case (Ala.), 250
– Obstructing judge's questioning of client (6th Cir.), 383
– Prosecutorial misconduct, defense lawyer offering keep mum in return for benefit (Neb.), 452
– Reckless accusations against judge (Wyo.), 221
– Reinstatement of suspended lawyers

– – Consulting work during suspension precludes reinstatement, legal advice provided (Fla.), 390
– – Tax debt, broken promise to repay prevents reinstatement (Okla.), 296

– Sensitive information used against former client (Iowa), In Brief, 362
– Sexual misconduct

– – Intimate relations with client (Md.), 222
– – Online solicitation of sex with alleged teenager (N.Y. App. Div.), 35; (Minn.), 474
– – Sharing explicit photos of minors (Kan.), 61
– – Voyeurism and collection of child pornography (Ohio), 475

– Submitting bogus bills and travel costs (Okla.), 273
– Trading insults and courtroom altercation (La.), 298
– Trading leniency for cash donations (Iowa), 133
– Unauthorized practice, lawyer disbarred for practicing after license suspended in two states (Kan.), 389