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 …
Lawyer Suspended for Six Months for Not Paying Bills
Can a lawyer’s failure to pay business-related debts be sanctionable in the lawyer disciplinary system? Yes, according to a March 14, 2018, opinion by the Supreme Court of South Carolina. See In …
Judge Sanctioned for Refusing to Perform Same-Sex Marriage Ceremonies
The Supreme Court of Oregon has sanctioned a judge who “inappropriately screened . . . wedding applicants to ensure that they were not same-sex applicants, because [respondent] refused to marry same-sex …
Is it Unethical to Use “.25” as a Minimum Billing Increment for Lawyer Time?
No, according to a March 27, 2018, opinion from the Wyoming Supreme Court. See Manigault v. Daly & Sorenson, LLC, No. S-17-0163 (Mar. 27, 2018). In that case, a client accused her …
Debt Counseling Business Found to Engage in Unauthorized Practice of Law
The Supreme Court of Ohio issued a permanent injunction banning a Pennsylvania corporation, Century Negotiations, Inc., from engaging in what the court deemed “the unauthorized practice of law.” Ohio State …
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 …