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

SANCTIONS

– Admonishment

– Court-appointed trustee for suspended lawyer may collect earned referral fees (N.J. Super. Ct. App. Div.), 52
– Deposition misconduct by client, lawyer must pay for inaction (E.D. Pa.), 135
– Disbarment

See DISBARMENT

– Federally-suspended lawyers may not work as paralegals or law clerks (E.D. Tenn.), 441; associates and employees must not front for disciplined lawyer, 495
– Patent infringement action, firm must pay for continuing suit after pretrial win (D. Colo.), 104
– Reinstatement, general counsel's long neglect of license warrants penalties before return to bar (Okla.), 147
– Rule 11

See RULE 11 SANCTIONS

– Securities fraud, lawyer sanctions not vacated after settlement conditioned on vacatur (2d Cir.), 557
– Settlement of case relinquishes fee award but not other aspects of sanction order (5th Cir.), 278
– Suspension

See SUSPENSION

– Vexatious litigation, lawyer must pay for motion misstatements despite lack of protracted misconduct (10th Cir.), 156

SCHOOLS

See LAW SCHOOLS

SECURITIES

– Arbitration proceedings, out-of-state lawyers

– – Fees for work done in N.Y. matter, Tex. lawyer may keep (S.D.N.Y.), 136
– – SEC rule change allows representation of parties, 67

– Attorney-client and work product privilege, “at issue waiver,” scope narrowed in hedge fund suit against law firm (N.Y. App. Div.), 346
– Cable TV equipment vendors not primarily liable for provider's revenue recognition scheme (U.S., judg aff), 24
– Federal law enforcement agent use of former counsel as informant proper (3d Cir.), In Brief, 412
– Fraud, lawyer sanctions not vacated after settlement conditioned on vacatur (2d Cir.), 557
– Insider trading, anti-indemnity rule blocks malpractice suit (Wash. Ct. App.), 25
– Malpractice, global settlement does not block shareholder derivative suit against lawyers (N.J. Super. Ct. App. Div.), 408
– Milberg Weiss firm, plaintiff kickback scheme, class-action litigator sentenced for obstruction of justice (C.D. Cal.), 91; firm cofounder to plead guilty to racketeering, 174; cofounder disbarred (N.Y. App. Div.), 195; cofounder sentenced (C.D. Cal.), 295; firm admits scheme, agrees to fine, 329

SETTLEMENTS

– Attorneys' fees, allocation after class action settlement improper (5th Cir.), 79
– Candor toward tribunals, settlement stands despite failure to disclose pending appeal in similar case (N.J.), 377
– Charging lien recognizable despite court lacking control over settlement proceeds (Fla. Dist. Ct. App.), 158
– Conditions of agreement, firm not entitled to prospective ruling on ethics (D. Conn.), 29; disputed provisions, text, 30
– Confidential accord divulged, malpractice and contract claims proceed against lawyer (Ohio Ct. App.), 162
– Direct negotiation with adverse party did not invalidate settlement (Cal. Ct. App.), 285
– Divorce settlement, lawyer may not mediate and draft papers to implement (Tex. Op.), 565
– Health care lien on award, settlement may be outsourced to specialty law firm (New York County Op.), 468
– Malpractice, settlement of underlying matters

– – Case within case must be proven (Ohio), 426
– – Client who agreed cannot sue lawyer re unfairness (Idaho), 55
– – Corporate agreement indemnifying counsel was not attorney-client business transaction (Wis.), 403
– – Fund disbursement, state consumer protection act does not apply to lawyer misconduct (Pa.), 6
– – Global settlement does not block shareholder derivative suit against lawyers (N.J. Super. Ct. App. Div.), 408

– Personal injury proceeds, client assignment to medical provider binding on lawyer who signed off on it (Wyo.), 347
– Securities fraud, lawyer sanctions not vacated after settlement conditioned on vacatur (2d Cir.), 557
– Successor lawyer must ignore client order not to tell original lawyer about settlement (Cal. Op.), 264
– Unauthorized endorsement on settlement check, lawyer censured (Tenn.), 569

SEXUAL MISCONDUCT

– Disbarment

– – Molestation of minor (Wash.), 38
– – Offering to trade legal services for sexual favors (Okla.), 354

– Harassment case, meeting with potential opponent's in-house counsel and fired employee may lead to disqualification (N.Y. App. Div.), 53
– Personal relationship with troubled client, lawyer suspended (S.C.), 61
– Relationship with client's wife, jury verdict upheld, expert evidence not needed (Miss.), 427

SIXTH AMENDMENT

– Ineffective assistance

See INEFFECTIVE ASSISTANCE OF COUNSEL

SOLICITATION

See ADVERTISING AND SOLICITATION

SOUTH CAROLINA

– Conversion of funds, lawyer must conduct reasonable investigation before filing suit against client's former counsel (S.C.), 317
– Personal relationship with troubled client, lawyer suspended (S.C.), 61

STANDING

– Malpractice

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

– Qui tam relators, firm representing may challenge attorneys' fee award (6th Cir.), 33

STATUTES OF LIMITATIONS

– Cooperation in disciplinary probe does not prolong deadline for filing charges (Cal. Bar Ct. Review Dep't), 415
– Equal Access to Justice Act, limitations period begins when time for filing cert petition with U.S. Supreme Court expires (Fed. Cir.), In Brief, 382
– Malpractice

– – Post-conviction relief, period not tolled while client pursues (N.J. Super. Ct. App. Div.), 27
– – Post-judgment motions must be resolved before period commences (Fla. Dist. Ct. App.), 78

– Unpaid fees, period not extended by time spent complying with client request to turn over file after withdrawal (Mich. Ct. App.), 183

SUPERVISORY LAWYERS

– Failure to supervise staff and trust accountant who embezzled funds, lawyer suspended (Wash.), 386
– Former inmate employed as paralegal, lawyer failure to supervise assisted unauthorized practice (Miss.), 385
– Lax supervision of employee in Md., Pa. firm partners suspended (Md.), 491
– Prosecutors, no absolute immunity from civil rights suit over failure to train lawyers on sharing informer data (U.S., rev grant), In Brief, 215

SUPREME COURT, U.S.

– Cable TV equipment vendors not primarily liable for provider's revenue (judg aff), 24
– Ineffective assistance, defense counsel appearance at plea hearing via speakerphone did not justify habeas relief (judg rvs), 13
– Paralegal expenses may be reimbursed at prevailing rates under EAJA (judg rvs), 281
– Sharing informer data, no absolute immunity for supervisory prosecutor over failure to train other lawyers (rev grant), In Brief, 215

SUSPENSION

– Aiding high-volume foreclosure counseling firm's unauthorized practice (Ohio), 520
– Aiding Mich. lawyer's unauthorized practice (Wis.), 170
– Bullying would-be clients (Ohio), 471
– Commingling funds and charging excessive fees (Mont.), 89
– Conflicted dealings with elderly sisters (Or.), 568
– Failure to supervise staff and trust accountant who embezzled funds (Wash.), 386
– FDCPA threat, use to get out of paying witness travel expenses (N.D.), 16
– Federally-suspended lawyers may not work as paralegals or law clerks (E.D. Tenn.), 441; associates and employees must not front for disciplined lawyer, 495
– Forging student evaluations, law professor (Iowa), 168
– Hacking into another law firm's computer system (W. Va.), 290
– Hiding evidence, reciprocal discipline imposed on N.Y. prosecutor (D.C.), 112
– High-volume credit repair practice solicitation and other violations (N.D.), 492
– Hiring court staff for personal chores and guilty plea to mail fraud (Ky.), 246
– Lax supervision of employee in Md., Pa. firm partners (Md.), 491
– Marketing arrangement for living trusts (Ohio), 197
– Misappropriation of client funds by bipolar lawyer (Mo.), 439
– Multistate debt collection (Cal. Bar Ct. Review Dep't), 244
– Padding client bills (D.C.), 37
– Payment of needy client's living expenses (Neb.), 220
– Personal relationship with troubled client (S.C.), 61
– Posing as police officer to keep prosecution witness from testifying (Md.), 388
– Representing codefendants casting suspicion on each other (Fla.), 62
– Scorched-earth litigation tactics, sanctions order justified despite appeal (S.D.N.Y.), 245
– Secret documents of firm's client, reviewing while advising opponent (N.Y. App. Div.), 87
– Secretly videotaping prosecutor engaging in sexual relations with defendant (Ky.), 196
– Self-benefiting transactions with clients (Ind.), 291
– Spending flat fee before earning it (N.M.), 88
– Transfer of funds from elderly client into accounts payable to lawyer (Ohio), 194
– Trust account, use to launder nursing home funds (Ohio), 63
– Unauthorized practice in Cal. (Kan.), 17
– Web site and e-mail deployed after jet crash (Ky.), 521
– Withholding key information during adoption (Fla.), 352