IN RE MARRIAGE OF WIXOM AND WIXOM, Wash: Court of Appeals, 3rd Div. 2014 – Google Scholar. This is an appeal from a divorce case in which a lawyer (Robert Caruso) and his client (Rick Wixom) were held jointly and severally liable for a $55,000 sanction award. The lawyer and…
BEFORE THE HEARING BOARD. The ARDC has asserted a problematic claim against a lawyer who split a fee with another lawyer who did some of the work on the matter. I believe that the claim represents a misreading of the text of Rule 1.5(e). First, I will quote the complaint:…
BEFORE THE HEARING BOARD. The ARDC has filed a complaint against two lawyers of a Chicago law firm and has alleged that they engaged in the unauthorized practice of law in New Mexico, Georgia and North Carolina. This is an unusual complaint. Usually, the ARDC brings cases for the unauthorized…
The case is North Carolina State Bar v. Paul T. Jackson, 14 DHC 20. The case is part of a growing trend to bring disciplinary charges against prosecutors who fail to disclose exculpatory evidence. The important facts, as set forth in the complaint, are alleged to be as follows: 1.…
BEFORE THE HEARING BOARD. This is a rare case where a prosecutor is being accused of wrongdoing for failing to disclose that a witness changed his story and for allegedly misleading the court about the witness’ testimony. What is odd about the case is that the ARDC chose this prosecutorial…
BEFORE THE HEARING BOARD. I have a strong opinion on this case – this is a dreadful act of overreaching by the ARDC. Ms. Naughton and a friend were accused of disorderly conduct after a Cubs game in 2012. In 2013, she was tried and acquitted of all charges. Now,…
Mandatory Sentencing for Medical Marijuana – NYTimes.com. This is a New York Times story on the prosecution of a family growing marijuana. They claim the marijuana is for medical purposes. The feds disagree. In the end, a jury will decide the fate of these people. This case raises an ethical…
BEFORE THE HEARING BOARD. This case results from an error in judgment that took place in 2003, more than 11 years ago. A lawyer instructed a staff member to falsely attest that certain persons had witnessed the signing of a will. This is one of the easiest of disciplinary cases…
Filed May 27. A lawyer converted $1300 in client funds and loaned those funds to his sick brother. He later repaid the funds to the client. However, the ARDC opened an investigation and the deception was found out. The ARDC hearing board recommended a censure. The Review Board increased the…
The Lawyer’s Duty of Candor to the Client – Should It Be Formally Defined? Is it ever appropriate to lie to your client? Judge Raymond J. McKoski, an adjunct professor of law at John Marshall Law School, has posted a thoughtful article on the lawyer’s duty of candor to the…