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

TAXATION

– KPMG refusal to pay employee legal fees under pressure from government warranted dismissal of abusive tax shelter case (2d Cir.), 460
– Malpractice, deed transfer leading to increased tax liability, intended will beneficiaries lack standing to sue preparing lawyer (Ohio), 228
– Privileges, taxpayers shifting assertions due to new rules, conferees told, 450
– Tax refund assigned as retainer for services cannot be applied to post-petition legal fees (10th Cir.), 12
– Withholding fees from law firm, ignorance defense defeats charge (Wis.), 218

TENNESSEE

– Bribery conviction outweighs disbarred lawyer's transformation, reinstatement denied (Tenn.), 414
– Cross-border practice and pro bono work, proposal would ease limits, 391
– Double jeopardy, multiple charges proceed against disbarred lawyer (Tenn. Crim. App.), 108
– Malpractice, refusal to stay suit while underlying action still ongoing proper (Tenn. Ct. App.), 188
– Reinstatement of suspended lawyer, trial court modification of conditions improper (Tenn.), 267
– Unauthorized practice, Tenn. lawyer did not violate Neb. rules by filing notice demand in probate hearing (Neb.), 180

TEXAS

– Anders no-merit brief requires motion to end representation (Tex.), In Brief, 238
– Assignment of claims to third party may not waive attorney-client privilege (Tex. Ct. App.), In Brief, 261
– Class action attorneys' fees, contract lawyer time may be included at market rates (S.D. Tex.), 512
– Conflicts of interest, insurer in-house counsel may represent insureds (Tex.), 160
– Fees

– – Arbitration of fee dispute, remand for clarification after confirmation not allowed (Tex. Ct. App.), 137
– – Hourly fee contract, client cannot offer parol evidence to assert cap on total fees (Tex.), 373
– – Threat of withdrawal for cause, pact to pay extra fees not voided by (Tex. Ct. App.), 106

– Former client, prosecutor handling of case, 2-part test set (Tex. Crim. App.), 348
– Knowingly filing false document, defense lawyer may face criminal charges (Tex. Crim. App.), 258
– Malpractice

– – Exceeding cost estimates and raising rates did not breach fiduciary duties (Tex. Ct. App.), 207
– – Passive Web site does not create minimum contacts (Tex.), In Brief, 411

– Misappropriation of client property, double jeopardy does not bar post-disbarment criminal prosecution (Tex. Ct. App.), 64
– Order vacating conviction does not allow disbarred lawyer to reclaim license (Tex. Ct. App.), 414

TRIAL CONDUCT

– Criminal contempt for courtroom statements, “clear and present danger” test rejected (Ga.), 105
– Deposition misconduct by client, lawyer sanctioned for inaction (E.D. Pa.), 135
– Failure to research client claim, lawyer must pay one half of opponent's attorneys' fees (Fla. Dist. Ct. App.), 464
– Frivolous appeal, independent prosecutor to investigate personal injury lawyers in “Erin Brockovich” case (9th Cir.), 327
– Judicial response to lawyer misconduct, conferees discuss, 307
– Knowingly filing false document, defense lawyer may face criminal charges (Tex. Crim. App.), 258
– Lawyer-witness rule does not apply to pro se attorneys (Ohio Ct. App.), 31
– Leaking opponent's secret document warrants dismissal of suit (N.D. Ill.), 463
– Malpractice, late entry and limited role in case does not block malicious prosecution action against law firm (Cal. Ct. App.), 8
– Patent infringement actions

– – Qualcomm lawyers sanctioned for discovery abuse (S.D. Cal.), 30; sanctions order overturned, lawyers may use confidential data to oppose penalties (rev), 134
– – Summary judgment win, firm sanctioned for continuing suit after (D. Colo.), 104

– Pursuit of empty claim, sanction affirmed (7th Cir.), 257
– Rule 11 sanctions

See RULE 11 SANCTIONS

– Settlement of case relinquishes fee award but not other aspects of sanction order (5th Cir.), 278
– Taking implausible case was incompetence (Md.), In Brief, 442
– Vexatious litigation, lawyer sanctioned for motion misstatements despite lack of protracted misconduct (10th Cir.), 156

TRUST ACCOUNTS

– Advance fees, credit card payments must be deposited (Mich. Op.), 287
– Misuse of accounts, rules of state where banks located govern charges (N.D.), 193
– Restoring withdrawn funds not required despite later fee dispute (Colo. Op.), 144
– Use to launder nursing home funds, lawyer suspended (Ohio), 63