Rules Prohibit Lying to Opposing Counsel
On September 16, 2016, the Supreme Court of Iowa suspended Des Moines lawyer Kathryn Barnhill for lying to her opponent about whether she had sent a partial fee refund to …
Don’t Engage in the Unauthorized Practice of Law By Giving Advice to an Out-of-State Relative
On August 31, 2016, the Minnesota Supreme Court admonished a Colorado lawyer for engaging in the unauthorized practice of law by helping his in-laws with a dispute against their condominium …
Fee Sharing Agreement With Nonlawyer Unenforceable as Violation of Public Policy
On July 8, 2016, a Pennsylvania appellate court affirmed the dismissal of breach of contract and breach of fiduciary claims brought by a nonlawyer against a law firm. The firm …
The Importance of a Nonengagement Letter
The Louisiana Court of Appeal for the Second Circuit recently affirmed the dismissal of legal malpractice claims against Bossier City lawyer W. Jarred Franklin because he sent a timely disengagement letter …
Don’t Mislead an Unrepresented Person
The lawyer who recently sued Led Zeppelin for copyright infringement and lost has lost again. On June 30, 2016, the United States Court of Appeals for the Third Circuit affirmed …
Are Federal Prosecutors Bound by Rule 3.8(e) When Issuing Grand-Jury Subpoenas to Lawyers?
No, according to a recent 2-1 decision by the United States Tenth Circuit Court of Appeals. Rule 3.8(e) prohibits a prosecutor from issuing a subpoena to a lawyer “in a grand …
Must a Fixed-Fee Lawyer Keep Time Sheets?
The Kansas Supreme Court thinks so. See In re John W. Thurston, No. 114,543 (Ks. Apr. 15, 2016). In Thurston, the respondent represented a client in a criminal case on …
“Insidious” Actions of Judge Result in New Trial
A sharply divided Louisiana Supreme Court granted a new trial after a defense verdict in a medical malpractice action. According to the court, the trial judge’s actions resulted in “a …
New Orleans Lawyer Suspended for Retaining Co-Counsel Solely to Force Judge Porteous’s Recusal
On May 4, 2016, the United States Court of Appeals for the Fifth Circuit affirmed the suspension of New Orleans lawyer Joseph N. Mole from the practice of law in …
Complaint Alleging Improper Facebook “Friend” Request Allowed to Proceed
The New Jersey Supreme Court refused to dismiss a grievance against John J. Robertelli for allegedly improper conduct associated with a Facebook “friend” request. In order to obtain information about a …