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Articles Posted in Legal Ethics

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ARDC Hearing Board Recommends Six Month Suspension For Lawyer Who Borrowed $50,000 from Elderly Client

The case is captioned In re Michael Naphtali Miller, 2012 PR 00072 In 2004, Miller represented Jeanne O. Meyer in the sale of her home. Ms. Meyer was 77 years old at the time. In 2009, Miller prepared statutory powers of attorney for healthcare and property for Ms. Meyer, both…

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Iowa Supreme Court Suspends Lawyer For Failing to Recognize Nigerian Scam

The case is captioned Iowa Supreme Court Attorney Disciplinary Board v. Robert Allan Wright, Jr., 13-0780, December 6, 2013.  The Iowa Supreme Court disciplined Wright for (a) failing to recognize a Nigerian scam and (b) allowing other clients to participate in the scam.  This case has received a fair amount…

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ARDC Review Board Recommends A Three Year Suspension For Lawyer Who Attacked the Integrity of Judges

Filed December 13. This is a decision of the ARDC Review Board recommending a three-year suspension for a lawyer who attacked the integrity of four judges. The Review Board concluded that the statements were not protected by the First Amendment because the statements were obviously false. The lawyer accused the…

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Illinois Supreme Court Dismisses Charges Against Lawyer Who Acted As Executor of Estate

IN RE KARAVIDAS, Ill: Supreme Court 2013 – Google Scholar. This is an important decision by the Illinois Supreme Court. The Court considered whether to impose discipline on an attorney who acted as the executor of his father’s estate. As the executor the attorney took substantial loans from the Estate,…

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Appellate Court Holds That Lawyer Waited Too Long To Sue Accountant For Negligence

Kadlec v. Sumner, Ill: Appellate Court, 1st Dist., 2nd Div. 2013 – Google Scholar. This is an opinion affirming the dismissal of a contribution claim against an accounting firm. The executor of an estate sued the lawyer for the estate, alleging that the lawyer failed to timely file estate tax…

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District Court Rejects Motion To Disqualify Lawyer For Plaintiff Class

Kramer v. AMERICAN BANK AND TRUST COMPANY, NA, Dist. Court, ND Illinois 2013 – Google Scholar. Magistrate Cole has written an opinion denying a motion to disqualify an attorney for a plaintiff class in a class action. The plaintiffs are represented by Ari Karen. The defendant is the American National…

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Indiana Supreme Court Rejects Claim That Lawyer Violated Rule 8.2(a) In A Motion For Change of Judge

The case is captioned In the Matter of Thomas M. Dixon, 71S00-1104-D1-196. The Indiana Supreme Court dismissed all charges against Thomas Dixon, an attorney who represented 85 pro-life protestors in proceedings before Judge Jenny Pitts Manier.  Judge Manier is married “to Professor Edward Manier, who was a tenured professor at…

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Indiana Supreme Court Disbars Lawyer For Revealing Confidential Information In A Book

The case is captioned In the Matter of Joseph Stork Smith, 29S00-1201-D1-8. The Indiana Supreme Court disbarred an attorney for “revealing confidential information relating to his representation of a former client by publishing the information in a book for personal gain.”  The lawyer also allegedly had a sexual relationship with…

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Second Circuit Affirms Dismissal of Qui Tam Action Because Attorney Violated Rule 1.9

A qui tam case is a case in which a plaintiff, usually a former insider, sues his former employer on behalf of the United States and alleges that the United States was defrauded. The plaintiff is referred to as a “relator.” The relevant statute is the False Claims Act, 31…

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