Legal Malpractice Monitor

Legal Malpractice Monitor

Ohio ruling on text solicitations draws mixed reviews

Last month, Ohio became the first state to give the green light to lawyers sending text messages to solicit prospective clients.

But at least one expert says it makes no sense to treat text message advertisements differently from a lawyer making a direct phone call solicitation, which is universally deemed a violation of professional rules of conduct.

In the News

Supreme Court won’t hear
fen-phen lawyer’s appeal


The U.S. Supreme Court will not review the conviction of a disbarred Kentucky attorney who attempted to defraud clients of their share of a $200 million settlement compensating those injured by the diet drug fen-phen.

Other stories

Missouri law firm to pay $800,000 to settle lawyer’s suit

Lawyer who beat client with baseball bat gets license revoked

Record-setting whistleblower sues for malpractice

Lawyer suspended for sending threatening e-mails

Attorney can seek indemnification for malpractice

Benchmarks: Lawyer’s admission of mistake didn’t void insurance

Lawyer faces disbarment for using ‘Esq.’ while suspended

Justices to consider limit of ineffective assistance ruling

Attorney censured for photographing document

Lawyer sanctioned for use of Westlaw account

Maryland judge shuts down fake bankruptcy law firm

Can state disbar a DA for former drug addictiction?

Ex-prosecutor won’t face charges over fantasy football

Proper Planning

The benefits and challenges of limited scope services

Stephanie Kimbro is well-known for starting one of the first virtual law practices in 2006.

Now the North Carolina-based attorney has written a book for the American Bar Association addressing the opportunities and challenges of unbundled legal services.

Legal Malpractice Links

Whistleblowers and Bad Checks

Legal-Mal Links provides the latest legal malpractice news from around the web.

The first story for this week involves a former city lawyer who claims she was fired after complaining that her coworkers were systematically performing legal work poorly which in some cases even reached the level of legal malpractice. The plaintiff’s allegations included very minimal discovery work done, a total lack of witness deposition and settling winnable cases.

In the second news item, a lawyer is being sued by a bank for trying to deposit a fake check. The lawyer claims he was scammed and that he deposited the check for nearly $300,000 thinking it was real.

Read the latest Legal-Malpractice Links post.

Read past Legal-Malpractice Links posts.

Lawyers in Practice

This is the first edition of Lawyers USA’s Lawyers in Practice podcast, where we discuss the hot issues facing practicing attorneys and law firms.

In this edition, we discuss how to prevent legal malpractice claims with better communication, with Jim Calloway, director of the Oklahoma Bar Association’s Management Assistance Program, and Dan Pinnington, vice-president of Claims Prevention and Stakeholder Relations at LawPRO, a professional liability carrier based in Toronto, Canada.

[soundcloud width=”280″]http://soundcloud.com/lawyersusa/lawyers-in-practice-1[/soundcloud]

Click here to download the podcast.

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Decision Spotlight

Lawyer can’t represent victim and perpetrator

An attorney cannot represent both the victim and the perpetrator of a crime, regardless of whether they consent, the North Dakota Supreme Court has ruled in disciplining the lawyer.

North Dakota Supreme Court. In the Matter of Hankey, No. 2012 ND 206. Oct. 15, 2012. Lawyers USA No. 993-3586.

Attorney Discipline

Disbarred lawyer sentenced on new criminal charges
A lawyer in Georgia who had already been disbarred for inventing hearing dates in a custody case is in more hot water.

Lawyer disciplined for sharing his e-signature
A lawyer violated a disciplinary rule when he shared his electronic signature and attorney registration number with an out-of-state law firm that he was affiliated with, the Ohio Supreme Court has ruled.

Lawyer receives suspension for petit larceny
A 90-day suspension is the appropriate sanction for a lawyer who pleaded guilty to petit larceny, the D.C. Court of Appeals has ruled in approving a negotiated sanction.

Ky. lawyer sanctioned for personal work on gov’t time
A lawyer formerly employed by the state of Kentucky has received a public reprimand after admitting that during his spare time at work he conducted personal business using a government Westlaw account.

Benchmarks: Immigration lawyer suspended for marriage scam

Perhaps an Ohio immigration lawyer just didn’t think she would ever get caught. After all, who else would be in a better position to know the holes in the system?

Well, Lilian Antwiwaa Asante was caught and now she’ll have to assess the wreckage of her legal career from her new home in Accra, Ghana.

Read more articles about attorneys being disciplined.