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

WASHINGTON

– Adverse representation re auto accident, lawyer reprimanded (Wash.), 440
– Advertising, Avvo lawyer rating system protected speech (W.D. Wash.), 4
– Failure to supervise staff and trust accountant who embezzled funds, lawyer suspended (Wash.), 386
– Insider trading, anti-indemnity rule blocks malpractice suit (Wash. Ct. App.), 25
– Malpractice

– – Client award not reduced by contingent fee lawyer would have earned (Wash. Ct. App.), 187
– – Representation of county, taxpayers lack standing to sue lawyers (Wash. Ct. App.), 256

– Molestation of minor, convicted lawyer disbarred (Wash.), 38

WEB SITES

See INTERNET

WEST VIRGINIA

– Hacking into another law firm's computer system, lawyer suspended (W. Va.), 290

WILLS AND ESTATES

– Bequest to will-drafting lawyer not invalid on public policy grounds (Conn. App. Ct.), 483
– Conflicted dealings with elderly sisters, lawyer suspended (Or.), 568
– Executor fiduciary duty bars receipt of referral fee from counsel for estate (Philadelphia Bar Ass'n Op.), 287
– Malpractice

– – Deed transfer leading to increased tax liability, intended will beneficiaries lack standing to sue preparing lawyer (Ohio), 228
– – Failure to report theft by colleague may trigger civil liability to injured client (N.J. Super. Ct. App. Div.), 206

– Misappropriation of client funds, lawyer disbarred for taking fee without estate's specific consent (Colo.), 148

WISCONSIN

– Aiding Mich. lawyer's unauthorized practice, Wis. lawyer suspended (Wis.), 170
– Antitrust class action, lawyer's minimal role justified contingent fee reduction (Wis. Ct. App.), 50
– Frivolous tort suit against gay rights group, lawyer must pay sanction for pursuing (Wis.), 318
– Malpractice

– – Corporate settlement agreement indemnifying counsel was not attorney-client business transaction (Wis.), 403
– – Patent error, client suit re impact on sale value may proceed (Wis.), 189

– Multijurisdictional practice (MJP), revised rules adopted, 549; text, 549
– Reciprocal discipline, imposition does not constitute extraterritorial application of ethics rules (Wis.), 470
– Withholding fees from law firm, ignorance defense defeats charge (Wis.), 218

WITHDRAWAL FROM LAW FIRM

– Conflicts of interest, agreement giving law firm all fees on cases taken by departed lawyer unenforceable (Neb.), 181
– Professional conduct rules, Analysis and Perspective, 330; 361

WITHDRAWAL FROM REPRESENTATION

– Anders no-merit brief requires motion to end representation (Tex.), In Brief, 238
– Disagreement re expenses, lawyer who withdrew not entitled to fee, contingency never occurred (Mass.), 51
– Division of fees, firm must honor pact with firm that withdrew before case resolved (9th Cir.), 157
– Threat of withdrawal for cause, pact to pay extra fees not voided by (Tex. Ct. App.), 106
– Unpaid fees, limitations period not extended by time spent complying with client request to turn over file after withdrawal (Mich. Ct. App.), 183
– Voluntary withdrawal, good cause standard required (Utah), In Brief, 410

WITNESSES AND TESTIMONY

– Ex parte contacts rule, lawyer did not flout by not clarifying role when meeting opponent's witness (Kan.), 546
– Expert, malpractice defendant may depose as fact witness (Or.), In Brief, 109
– FDCPA threat, lawyer suspended re use to get out of paying witness travel expenses (N.D.), 16
– Lawyer-witness rule does not apply to pro se attorneys (Ohio Ct. App.), 31
– Material witness detainees, no absolute immunity for prosecutor who delayed release (3d Cir.), 434
– Posing as police officer to keep prosecution witness from testifying, lawyer suspended (Md.), 388

WORK PRODUCT

– “At issue waiver,” scope narrowed in hedge fund malpractice suit against law firm (N.Y. App. Div.), 346
– Compelled production of private material, party asserting protection must act quickly to avoid waiver finding (10th Cir.), 163
– Corporate waiver of protections, Senate bills addressing

See LEGISLATION, FEDERAL, S 2450, S 3217

– Disclosure to avoid federal indictment did not waive protections in later civil suit (Cal. Ct. App.), 400
– Factual portions of report on hospital incident not protected when lawyer's notes are sole record (Colo.), 182
– Fired in-house counsel may not use privileged materials taken without consent in suit against former employer (W.D. Pa.), 429
– Government, surrendering materials to waived protection entirely (S.D.N.Y.), 102
– Inadvertently produced privileged documents, firm must be disqualified after copying and reviewing (Fla. Dist. Ct. App.), In Brief, 515
– Indicted corporate directors, inspection of legal memos allowed (N.Y. App. Div.), 103; correction, 141
– Taxpayers shifting assertions due to new rules, conferees told, 450

WORLD WIDE WEB

See INTERNET

WYOMING

– Settlement proceeds, client assignment to medical provider binding on lawyer who signed off on it (Wyo.), 347