The Top Ten Louisiana Legal Ethics Developments in 2017
If a Louisiana lawyer were were to read just one post on this blog all year, this should be it. Here are the top ten developments in Louisiana legal ethics …
Lawyer Suspended for Dropping F-Bomb on Magistrate
An “activist” lawyer purporting to represent an “occupy movement” was suspended for two years, all deferred, for exclaiming to a magistrate, “what the fu** is going on around here.” See N.C. State …
Lawyers, Check Your Spam Emails
Do you know what’s in your spam inbox? You should. A cautionary tale from Florida makes it clear that a “defective email system” is no excuse for missing important communications. See Emerald …
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 …
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) …
“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 …
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 …