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Articles Posted in Legal Ethics

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California Lawyer Is Not Entitled To Coverage For Fee Disputes With Former Clients

COLONY INSURANCE COMPANY v. FLADSETH, Dist. Court, ND California 2013 – Google Scholar. This case is a declaratory judgment action brought by an insurance company against a lawyer. The underlying cases were two lawsuits against the lawyer. He was accused of charging excessive fees in two medical malpractice lawsuits. He…

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ARDC Claims Two Lawyers Overreached By Presenting Client With A New Fee Agreement

DRAFT COMPLAINT. The ARDC has filed a complaint against two lawyers who handled a case on a contingency basis.  The first agreement from 2005 gave them a legal fee of 33 and 1/3 of the gross amount recovered.  After they had obtained a recovery for the client, they lawyers prepared…

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Texas Court of Appeals Affirms Suspension For Lawyer Who Missed Deadlines in Immigration Matter

Allison v. Commission for Lawyer Discipline, Tex: Court of Appeals, 14th Dist. 2012 – Google Scholar.   The Texas Court of Appeals has affirmed a suspension for a lawyer who missed deadlines in an immigration matter and whose client was deported as a result.  This is a case where a…

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ARDC Hearing Board Recommends 6 Month Suspension For Lawyer Who Falsely Notarized Deed

Filed November 30. The ARDC Hearing Board has recommended a six month suspension for a lawyer who falsely notarized a quit claim deed and then, when he received an inquiry from the ARDC, falsely informed the ARDC that the signatures of his clients were genuine.  The panel explains: ” Rule…

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On Second Thought, Please Don’t Do That

IN RE GLEASON, Court of Appeals, 11th Circuit 2012 – Google Scholar. A bankruptcy lawyer was unhappy with a ruling.  What he did next netted him a 60 day suspension from practicing before the bankruptcy court. The lawyer wrote a letter to the judge and included a bottle of wine…

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ARDC Hearing Board Recommends Suspension For Lawyer Who Missed Appeal Deadlines

Filed October 5. This is a disciplinary case against Herbert Arthur Bates, an attorney in Illinois.  Bates was retained by a convicted criminal to handle his appeal.  Bates was paid $10,000.  Unfortunately, he missed numerous deadlines and the appeal was dismissed.  He also failed to return the transcripts to the…

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ARDC Brings Complaint Against Lawyer For Unreasonable Fee

ARDC Claims Legal Fee Was Unreasonable BEFORE THE HEARING BOARD OF THE.   One portion of the allegations against this lawyer concern an unreasonable fee.  The lawyer represented an 84 year old woman who lived in a retirement community.  The lawyer prepared routine estate planning documents and charged her $2500,…

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ARDC Review Board Recommends Discipline For Lawyer Who Failed To Disclose Financial Interest in Real Estate Deals

Filed May 24.   This is an opinion of the ARDC review board, the final step before a disciplinary matter goes before the Illinois Supreme Court.  The ARDC charged the lawyer with failing to disclose her financial interest in six real estate closings because she was the title agent.  Moreover,…

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