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

WASHINGTON

– Cash fee payments, lawyer disbarred after guilty plea to violating IRS reporting laws (Wash.), 415
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Incompetency of elderly former client, lawyer suspended for unsupported request to declare (Wash.), 360
– Joint representation of family members, lawyer suspended for not getting consent and disclosing client confidences (Wash.), 497

WEST VIRGINIA

– Charging lien for fees, lawyer may bring in underlying suit (W. Va.), 78
– Conflicts of interest, initial consultation with prospective clients did not create lawyer-client relationship (W. Va.), 359
– Metadata embedded in electronic documents, searching for and viewing not allowed (W. Va. Op.), 358
– Misappropriation of client funds, drug addiction cannot be used as mitigating factor, lawyer's license annulled (W. Va.), 271

WHISTLEBLOWERS

– Sarbanes-Oxley Act, in-house counsel may claim retaliatory discharge by employer (9th Cir.), 432

WILLS AND ESTATES

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

– – Conservator of impaired client's estate and client's wife, lawyer suspended for representing (N.H.), 523
– – Executor, attorney who drafted will may represent in individual capacity in dispute with other beneficiary (Cal. Ct. App.), 437

– Malpractice

– – Decedent's lawyers, estate executor may sue for conduct unrelated to will (Tex.), 350
– – Divorce judgment required assets to be left to children, lawyer liable to children for drafting will evading judgment (Wis.), 374
– – Highest-risk areas of law practice, conferees discuss, 536
– – Prospective beneficiaries, lawyer had no duty to act swiftly in drafting will for ailing client (S.C.), 161

WISCONSIN

– Bar exam not required for in-state law school graduates to practice, commerce clause challenge may proceed (7th Cir.), 379
– Client funds and property, third-party claims, lawyer obligations clarified (Wis. Op.), 130
– Drunk driving, lawyer with 5 convictions reprimanded (Wis.), 332
– In-house counsel

– – Arbitration award ordering reinstatement must be followed (Wis. Ct. App.), 215
– – Special admission, fees, Analysis and Perspective, 95

– Malpractice, lawyer liable to client's children for drafting will evading divorce judgment that required assets to be left to children (Wis.), 374
– Pay-to-play scheme while working as investment banker, lawyer's license revoked after guilty plea (Wis.), 526
– Pro se defendants, prosecutors may negotiate pleas with (Wis. Op.), 195; text of rule, 196
– Ruse by investigator to get dirt on complainant, defense lawyer did not violate ethics rules (Wis.), 115

WITHDRAWAL FROM LAW FIRM

– Conflicts of interest, anticipation of problems caused by arrivals and departures, conferees discuss, 150
– New associates, employment contract may not require payment to firm for clients taken upon attorney departure (Ariz. Op.), 411

WITHDRAWAL FROM REPRESENTATION

– Client files, invoices or bills need not be turned over as part of client request (Tenn. Ct. App.), 128
– Conflicts of interest, firm representing builder of proposed office building may not cease representation of other client who opposes proposal (Philadelphia Bar Ass'n Op.), 447
– Denial of motion improper after client refused to pay fees (6th Cir.), 162
– Meritless criminal appeals

– – Anders brief, contents detailed (Pa.), In Brief, 492
– – Appointed counsel may not seek to withdraw (Ind.), 384

– Public defender with excessive caseload, failure to move to withdraw ineffective (Cal. Ct. App.), 163

WITNESSES AND TESTIMONY

– Conflicts of interest

– – Concurrent representation of defendant and prosecution witness, screening by law firm and accused's waiver should have averted disqualification (Iowa), 109
– – Disqualification proper where client needs counsel to testify on key issue (Colo. Ct. App.), 193
– – Transactional work done for client, representation in follow-up case in which lawyer may need to testify (Iowa Op.), 494

– Experts

See EXPERT WITNESSES

– Facebook page, lawyers may not mislead witnesses into granting access to (Philadelphia Bar Ass'n Op.), 218
– False testimony

– – Candor toward tribunals, lawyer must promptly notify court if client does not remedy falsehood (N.H. Op.), 412
– – Criminal defense counsel correction of witness's testimony not ineffective (2d Cir.), 80
– – Duty of lawyer who knows witness is lying, panelists discuss, 424

– Obstructing judge's questioning of client, lawyer guilty of criminal contempt (6th Cir.), 383
– Prosecutor, ex parte contact with witness represented in related suit improper (Neb. Op.), 219

WORK PRODUCT

– Accountant memos to in-house lawyer protected (Mass.), 156
– Common interest doctrine protects information shared by co-defendants' counsel with attorney who later changed sides (Cal. Ct. App.), 460
– Expert witnesses, proposed change to Fed. Rule of Civil Procedure 26 would provide protections, 66; panelists discuss proposal, 421
– Internal litigation management system protected (Fla. Dist. Ct. App.), 5
– Sorting documents not protected (S.D.N.Y.), In Brief, 81
– Tax accrual workpapers, IRS may obtain if disclosed to auditors (1st Cir.), 54; ruling vacated, 173; workpapers not protected (1st Cir., en banc), 433
– Third-party discovery limited by confidentiality agreement with government (D.C. Cir.), 210

WYOMING

– Malpractice, attorney deceit, statutory claim applies only to conduct in existing action (Wyo.), 106
– Reckless accusations against judge, lawyer suspended (Wyo.), 221