legal discipline – Overlawyered

Some legal ethics don’ts

Walter Olson — Sat, 04 Apr 2020 16:02:58 +0000

“Don’t purchase a domain entitled ‘firetheliarjudge dot com’ if you plan on continuing to practice law,” and most especially don’t … well, you’ll have to read the allegations yourself [Keith Lee, Associates Mind thread, on Illinois lawyer discipline case]

Tags: don't, ethics, legal discipline

Some legal ethics don’ts is a post from Overlawyered - Chronicling the high cost of our legal system

“Why Were None of the Righthaven Lawyers Disciplined?”

Walter Olson — Thu, 09 Apr 2015 04:05:57 +0000

The courts themselves reacted vigorously against the legal shenanigans of a copyright-mill mass filing enterprise built on the IP rights of the Las Vegas Review-Journal. Nevada bar discipline authorities, however, didn’t: “disciplinary matters have a higher standard of proof than almost all civil matters in a judicial setting.” [Nicole Hyland, Orange County Register, earlier]

Tags: ethics, legal discipline, Nevada, RightHaven

“Why Were None of the Righthaven Lawyers Disciplined?” is a post from Overlawyered - Chronicling the high cost of our legal system

“Man, the California State Bar is really cracking down these days…”

Walter Olson — Mon, 24 Nov 2014 05:15:59 +0000

“…Slip up just 810 times and they’ll insist on disbarring you.” [Lowering the Bar]

Tags: bar associations, California, legal discipline

“Man, the California State Bar is really cracking down these days…” is a post from Overlawyered - Chronicling the high cost of our legal system

“Elimination of bias” for Minnesota lawyers

Walter Olson — Thu, 28 Nov 2013 13:21:14 +0000

Scott Johnson at Power Line has a lookback-with-updates on the controversy over Minnesota CLE (continuing legal education) requirements precariously balanced between indoctrination and vacuity. “What bias does the Court seek to eliminate? If the elimination-of-bias requirement can be satisfied by courses such as ‘Understanding Problem Gambling,’ as it can, the requirement has become just one more way of making a statement while making the practice of law slightly more unpleasant than it already was or is.” We covered the issue back in 2003 (“compulsory chapel”).

Tags: legal discipline, legal profession, Minnesota

“Elimination of bias” for Minnesota lawyers is a post from Overlawyered - Chronicling the high cost of our legal system

Lawyer billed client “for time they spent having sex”

Walter Olson — Fri, 18 Jan 2013 11:12:38 +0000

The ultimate Overlawyered story? Minnesota: “An Eagan lawyer is suspended indefinitely after having an affair with a client whom he represented in a divorce, then billing her for time they spent having sex. … At various points, Lowe billed the woman for legal services on the dates of their sexual encounters, coding the time as meetings or drafting memos. … [He] won’t have a chance for reinstatement for at least a year and three months after the decision… by the Minnesota Supreme Court.” [St. Paul Pioneer-Press]

Tags: ethics, legal discipline, Minnesota

Lawyer billed client “for time they spent having sex” is a post from Overlawyered - Chronicling the high cost of our legal system

“Proposed plan would keep lawyer misconduct secret”

Walter Olson — Sat, 30 Jul 2011 16:04:53 +0000

“Under the proposed rule change [at the Iowa Supreme Court], lawyers suspended for stealing from clients, drug and alcohol problems, and neglecting important cases could hide what they did and resume practice without clients ever knowing what ethical violations they committed.” [Des Moines Register, more]

Tags: Iowa, legal discipline

“Proposed plan would keep lawyer misconduct secret” is a post from Overlawyered - Chronicling the high cost of our legal system

Offering to trade legal services for sexual favors

Walter Olson — Wed, 11 Aug 2010 05:06:12 +0000

Over dissents from two justices, the New Jersey Supreme Court has declined to disbar an attorney who made “repeated, demeaning and offensive suggestions to his clients” in “an effort to barter his professional services for sexual favors.” The punishment instead: suspension for a year and required sensitivity training. Solangel Maldonado at Concurring Opinions thinks the court was too lenient, arguing that an employer charged with similar conduct toward an employee would have faced extensive liability under sexual harassment law.

Tags: harassment law, legal discipline, New Jersey

Offering to trade legal services for sexual favors is a post from Overlawyered - Chronicling the high cost of our legal system

U.K.: “Lawyers quit litigation against alleged file-sharers”

Walter Olson — Thu, 15 Apr 2010 14:04:44 +0000

From Computing (UK):

Law firm Tilly Bailey & Irvine (TBI) has stopped the bulk mailing of legal threats on behalf of rights holders to people accused of illegal file-sharing.

The move follows a campaign by consumer charity Which?, claiming the practice is unfair. It effectively reduces the number of UK law firms involved in bulk litigation against alleged file-sharers to one: London-based ACS Law Solicitors.

It makes a contrast with the situation in the U.S., where there seems to be no shortage of law firms eager to represent RIAA and other rights holders in mass litigation campaigns against consumers. Which? dubbed the mass demand letters “speculative invoices” and called them to bar regulators’ attention as a potential ethical violation.

Tags: legal discipline, RIAA and file sharing, United Kingdom

U.K.: “Lawyers quit litigation against alleged file-sharers” is a post from Overlawyered - Chronicling the high cost of our legal system

“Client Had ‘Disposable Income and a Zealous Interest in Litigating'”

Walter Olson — Fri, 26 Mar 2010 16:06:36 +0000

And a train wreck results, after a Massachusetts lawyer “allowed the client to dictate a misguided strategy involving excessive and improper discovery requests that did not materially advance the client’s cases but did generate large hourly-based fees for the respondent.” [Legal Profession Blog]

Tags: discovery, legal discipline, Massachusetts

“Client Had ‘Disposable Income and a Zealous Interest in Litigating'” is a post from Overlawyered - Chronicling the high cost of our legal system

May 26 roundup

Walter Olson — Tue, 26 May 2009 13:03:10 +0000

U.K.: Disciplinary complaints against lawyers may be thrown open to public and press [Times Online]
U.S. Chamber adds three new stories to its “Faces of Lawsuit Abuse” series, among them the 7-year-old sued over a ski accident, and the family-owned California restaurant sued for putting a mirror two inches too high. [Chamber mag, Yankee Philip]
Real estate agent couple: producers of CSI show defamed us in pre-final script [Los Angeles Times]
Idea of “suburban general store” walkable from homes would require zoning law fix in many localities [Metropolis]
Gov. Schwarzenegger these days is scourge of violent entertainment, at least when in videogame form [Elizabeth Jacobson, OpenMarket]
Critique of federal hate crimes bill [Gail Heriot for the Federalist Society]
Many prosecutors resist potentially exculpatory DNA test matches [NYT, Greenfield, Balko/Reason “Hit and Run”]
Blogger “Evil HR Lady” is unmasked! (and names some of her favorite health blogs) [linking to Blogs.com]

Tags: hate crimes, legal discipline, movies film and videos, on other blogs, prosecution, United Kingdom, videogames

May 26 roundup is a post from Overlawyered - Chronicling the high cost of our legal system