Overlawyered » discipline

“Lawyers Intentionally Inflicting Emotional Distress”

Walter Olson — Tue, 22 May 2012 17:45:56 +0000

Imagine how it would change the practice of litigation if lawyers could be held answerable for intentionally inflicting emotional distress on opponents, witnesses or third parties. Of course that’s not going to happen, since our legal profession is quite good at immunizing itself from exposure to liability for the same sorts of injuries that it sues over when inflicted by others. In this SSRN paper (via Robinette, TortsProf), Alex Long of the University of Tennessee proposes a presumption that lawyers’ behavior is “extreme and outrageous,” a precondition of IIED liability, if they could get disbarred for it.

Tags: discipline, emotional distress, legal malpractice

“Lawyers Intentionally Inflicting Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

Update: Foreclosing his options

Walter Olson — Thu, 12 May 2011 05:02:03 +0000

California authorities have revoked the license to practice of attorney Michael T. Pines, who advised clients to break into their foreclosed homes [Funnell, earlier]

Tags: California, discipline, mortgages

Update: Foreclosing his options is a post from Overlawyered - Chronicling the high cost of our legal system

Lawyer suspended for advising clients to break into foreclosed homes

Walter Olson — Wed, 16 Mar 2011 05:12:03 +0000

Pending further disciplinary action, the State Bar of California suspended the right to practice of Michael Pines, whose exploits had garnered considerable press attention [Amanda Bronstad, NLJ; earlier here and here]

Tags: California, discipline, don't, mortgages

Lawyer suspended for advising clients to break into foreclosed homes is a post from Overlawyered - Chronicling the high cost of our legal system

What it takes to get disbarred in Vermont

Walter Olson — Fri, 14 Jan 2011 17:51:08 +0000

Misleading investigators about the circumstances of your hit-run won’t do it, apparently. The lawyer in question has served as a traffic court judge. [Legal Profession Blog, ABA Journal, Randazza]

Tags: discipline, Vermont

What it takes to get disbarred in Vermont is a post from Overlawyered - Chronicling the high cost of our legal system

Prosecutor’s hitting on crime victim

Walter Olson — Sat, 18 Sep 2010 05:08:13 +0000

“Inappropriate but did not amount to misconduct?” Really? [Crime and Federalism, Journal Sentinel; Calumet County, Wisconsin]

Tags: bar associations, discipline, prosecution, Wisconsin

Prosecutor’s hitting on crime victim is a post from Overlawyered - Chronicling the high cost of our legal system

Illegal fee-splitting, “outrageous” courtroom behavior

Walter Olson — Tue, 22 Dec 2009 16:16:19 +0000

They’ve contributed to a recommended three-year suspension for San Francisco attorney Philip Kay. “Kay rose to fame with the Baker & McKenzie suit, earning him a reputation as the go-to plaintiff lawyer for sexual harassment suits.” [Mike McKee/The Recorder, California Civil Justice]

More: Via a commenter, this is said to be the official statement released by the office of Philip Edward Kay:

“This decision admits it used default, as punishment, in violation of Business & Professions Code §6068(i), because I asserted constitutional and statutory rights of attorney client privilege and work product before answering questions, and demanded the right to have these issues heard and determined by an article VI court of general jurisdiction to determine whether the questions sought privileged information, pursuant to State Bar Rules. The State Bar Court did this knowingly to allow the Office of Chief Trial Counsel the ability to lie about what the Superior Court, Court of Appeal and Supreme Court found in their orders and opinions regarding these important civil rights cases.

In these matters, only after the trial judges were reversed on appeal and disqualified, pursuant to Code of Civil Procedure §§170, et seq., did they claim misconduct. So, either these judges lied in their orders denying misconduct, pursuant to Code of Civil Procedure §657(1) – “irregularities in the proceedings,” OR they lied in their testimony in the State Bar trial. This will create an uncertain and chilling effect by allowing unfit and disgruntled judges to lie about the record and impugn lawfully obtained civil rights verdicts, which have been upheld by the Court of Appeal and Supreme Court. The State Bar Court has allowed these disqualified judges to attack and undermine the very verdicts, which, they could not touch in the trial court under statutory and case law in California.”

Tags: civility, discipline, harassment law, San Francisco

Illegal fee-splitting, “outrageous” courtroom behavior is a post from Overlawyered - Chronicling the high cost of our legal system

“Disbarred Seattle attorney sues state bar association”

Walter Olson — Fri, 30 Oct 2009 15:16:25 +0000

“A Seattle civil-rights attorney who was disbarred earlier this month after the state Supreme Court unanimously found that he had gouged some clients and bullied others into unwanted settlements has sued the Washington State Bar Association, claiming its investigation was rife with errors and conflicts of interest.” [Seattle Times]

Tags: bar associations, discipline, Seattle

“Disbarred Seattle attorney sues state bar association” is a post from Overlawyered - Chronicling the high cost of our legal system

April 24 roundup

Walter Olson — Fri, 24 Apr 2009 19:59:04 +0000

The customer who couldn’t be stopped? “Family of car salesman killed in 90 mph test drive gets $13M” [Obscure Store]
Arizona bar disciplinary authorities move toward possible suspension for two high-volume consumer lawyers [ABA Journal]
Trial begins on claim U.S. Army Corps of Engineers liable for Katrina levee breaks [John Schwartz, New York Times]
Always good for copy: now Jack Thompson is riling Utah lawmakers [GameSpot]
America’s Most Irresponsible Public Figure® (that’d be RFK Jr.) is now blasting Obama [Brian Ross, ABCNews.com "Blotter" via ShopFloor]
“Burning of Surreal Boat Sparks $1M Artists Rights Suit” [Heller/OnPoint News]
Nice profile of author Philip K. Howard [The New Yorker] And a big spread from the Examiner’s Quin Hillyer including a Howard profile, some tidbits on Washington politics and why overly legalistic schools can’t teach.
Law firm of Dewey, Cheatham, & Howe moves into Somali pirate defense [satire, h/t @trafficcourt]

Tags: art and artists, discipline, Jack Thompson, Katrina, Philip K. Howard, Robert F. Kennedy Jr., schools

April 24 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“I have never, ever seen an attorney more rude and disrespectful on so many levels.”

Walter Olson — Sat, 06 Dec 2008 05:09:24 +0000

The California state bar has charged San Francisco attorney Philip Kay, famed for sexual harassment lawsuits, “with turning two cases before three San Diego judges into three-ring circuses by repeatedly impugning court orders and caustically accusing the judges of misconduct in front of jurors. Prosecutors also claim Kay entered into an illegal fee-splitting agreement in his most high-profile case — a sexual harassment suit against mega-law firm Baker & McKenzie that in 1994 resulted in a $6.9 million San Francisco jury award for his client, former legal secretary Rena Weeks. (The judgment was later reduced to $3.5 million.)” The title quote is from San Diego judge Joan Weber, and refers to Kay’s conduct in a sexual harassment suit against Ralphs Grocery. (Mike McKee, “Famed Plaintiffs Lawyer Faces Bar Charges Over Conduct”, The Recorder, Dec. 5).

Tags: civility, discipline, harassment law, San Francisco

“I have never, ever seen an attorney more rude and disrespectful on so many levels.” is a post from Overlawyered - Chronicling the high cost of our legal system

Prosecutors’ union pushes measure hobbling California lawyer discipline

Walter Olson — Wed, 19 Nov 2008 15:29:32 +0000

“In the wake of a disciplinary hearing against a top local prosecutor, the union that represents Santa Clara County prosecutors and public defenders is asking the California District Attorneys Association to sponsor a bill that would essentially curb the power of the state bar to punish all lawyers. …The proposal follows a recommendation by the state bar that Deputy District Attorney Ben Field be suspended from practicing law for three years — a punishment of unprecedented severity against a Santa Clara County prosecutor. Field is charged with committing misconduct in four criminal cases dating back to 1995, including misleading judges, defying court orders and concealing critical evidence from defense lawyers in pursuit of convictions.” The union objects (among other things) to letting disciplinary authorities look that far into the past for bad behavior. (Tracey Kaplan, “Prosecutors seek to curb powers of disciplinary board”, San Jose Mercury News, Nov. 7) (via Legal Ethics Forum).

Tags: bar associations, California, discipline, prosecutorial abuse

Prosecutors’ union pushes measure hobbling California lawyer discipline is a post from Overlawyered - Chronicling the high cost of our legal system