Get Your CLE or Else
A Louisiana Supreme Court disciplinary decision issued on December 3, 2018, is a timely reminder for Louisiana lawyers as the 2018 MCLE season draws to a close. In the matter …
Facebook “Friendship” With Lawyer No Basis for Disqualifying Judge
On November 15, 2018, the Florida Supreme Court finally resolved a conflict among Florida lower courts on the issue of whether Facebook “friendship” is a sufficient basis for judicial disqualification. See Law …
Tennessee Struggles with Prosecutorial Disclosure Issue Resolved by Louisiana in 2017
In the spring of 2018, the Tennessee Board of Professional Responsibility issued an advisory opinion addressing the scope of a prosecutor’s obligation to disclose exculpatory information to the defense and …
New Orleans Law Firm Disqualified for Being Adverse to Former Client in Substantially-Related Matter
Judge Carl J. Barbier of the United States District Court for the Eastern District of Louisiana disqualified a New Orleans law firm for undertaking a representation materially adverse to its …
Lawyer Suspended for Creating False Match.com Profile to Harass Opposing Counsel
On September 20, 2018, the Illinois Supreme Court suspended Drew R. Quitschau for six months for creating a false Match.com profile—and numerous other fake Internet accounts—in the name of his opposing …
Just Let Her Go
The Supreme Court of Pennsylvania suspended a lawyer for five years, with all but one year deferred, for misconduct in connection with a breakup with his girlfriend. See Office of Disciplinary Counsel …
Foot-Dragging Fatal to Motions to Disqualify Counsel
Two cases decided in late August 2018 serve to emphasize that disqualification of opposing counsel, when appropriate, must be sought expeditiously or else it will be waived. The United States …
Court Recognizes “Compassion Fatigue” as Mitigating Factor in Lawyer Discipline
On June 14, 2018, the Supreme Court of Washington considered whether “compassion fatigue” is a proper mitigating factor in lawyer disciplinary proceedings. See In re Waechter, No. 201,645-6 (Wash. Jun. 14, …
SCOTUS Reverses Louisiana Conviction for Defense Lawyer’s Concession of Guilt Over Client’s “Vociferous” Objection
On May 14, 2018, the United States Supreme Court reversed a Louisiana defendant’s capital murder conviction after his defense lawyer argued to the jury during the guilt phase of trial …
Fifth Circuit Reverses Half-Billion-Dollar Verdict for Lawyer Misconduct
On April 25, 2018, the United States Fifth Circuit Court of Appeals reversed a half-billion-dollar judgment against DePuy Orthopaedics in a metal-on-metal artificial-hip case due to the “fraud, misrepresentation or …