When Paying a Fact Witness is Inappropriate
A recent suspension imposed by the Nevada Supreme Court sends a cautionary message to lawyers who might offer to pay money to fact witnesses. The lawyer, Jonathan Callister, sent a …
Avvo Advisor’s Lawyer Referral Service Takes Another Hit
On September 27, 2017, Utah joined the growing list of states1 condemning Avvo Advisor’s lawyer-referral service. The Utah Ethics Advisory Opinion Committee concluded that Avvo Advisor’s service “violates Rule 5.4’s …
Prosecutor’s Ethical Duty to Disclose Exculpatory Information is Coextensive With Constitutional Duty
On October 18, 2017, the Louisiana Supreme Court resolved an unsettled question as to whether a prosecutor’s “ethical” duty to disclose exculpatory evidence under Louisiana Rule of Professional Conduct 3.8(d) …
Louisiana Attorney General Concludes That Proposed Anti-Discrimination Rule is Unconstitutional
On September 8, 2017, the Louisiana Attorney General’s office weighed in on the constitutionality of a proposed anti-discrimination amendment to the Louisiana Rules of Professsional Conduct. In July 2017, the Louisiana …
“Ghetto” Remark by Lawyer Draws Public Reprimand
Colorado lawyer Robert Brent Wareham admitted to violating the Colorado Rules of Professional Conduct by threatening his client’s son with foster care unless the boy “started behaving.” Wareham elaborated: “You …
Facebook “Freindship” with Lawyer Does Not Disqualify Judge
On August 23, 2017, a Florida appellate court ruled that a district judge may preside over a civil action even though she is Facebook friends with a lawyer appearing before …
September 2017 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of September 2017. Louisiana Supreme Court …
Lawyer’s Debt to Client Protection Fund Not Dischargeable in Bankruptcy
A debt owed by a lawyer to a bar association client protection fund is not dischargeable in bankruptcy. See Virginia ex rel. Va. State Bar v. Young (In re Young), No. …
Lawyer Disbarred for Killing “Snoopy”
New York City lawyer Anthony A. Pastor was disbarred for violently killing his girlfriend’s poodle “Snoopy.” See Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017). The …
U.S. Supreme Court to Hear Louisiana Case on Authority of Lawyer to Concede Client’s Guilt in Death Penalty Case
On September 28, 2017, the United States Supreme Court granted certiorari in McCoy v. Louisiana, No. 16-8255 to decide whether it is ineffective assistance of counsel under the Sixth Amendment …