It started with an insult-filled letter to a patent examiner that quickly made the rounds in the legal blogosphere (“Are you drunk? No, seriously … are you drinking scotch and whiskey with a side of crack cocaine while you ‘examine’ patent applications?”) In Round Two, the incensed attorney goes after patent-law blogger Dennis Crouch of Patently-O, who brought the letter to the web’s attention. [Above the Law]
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don't,
patent law
A judicial panel has given Nathaniel Weisel a nine-month suspension for his sins. Perhaps because it is too clear that not all addictions go away in nine months, Weisel (besides the suspension) was ordered to take the ethics portion of the bar exam and ‘appropriately address his pathological behavior’ prior to his reinstatement.” [Andrew Keshner, New York Law Journal; Jessica Dye, Reuters] The pathological behavior, as described by NYLJ, included the following:
In September 2009, a client of Weisel asked him to start a civil action, which he did not do. To assure the client the matter was being addressed, Weisel created a fraudulent settlement agreement, fictional index number, caption and settlement amount. He randomly chose an opposing counsel and forged his signature on the document. The fabrication was not filed in court. Before the client discovered the settlement had been fabricated, Weisel filed a valid Small Claims action. After the purportedly opposing counsel learned his signature had been forged, Weisel wrote him an apology and said he acted to give himself more time to properly file the action.
Tagged as:
discipline,
don't
Please don’t do these [in some cases alleged] things:
- Calif.: “Judge accused of stealing elderly neighbor’s $1.6M life savings resigns from bench” [ABA Journal]
- Stan Chesley joins a rogue’s gallery of disgraced litigators [Paul Barrett/Business Week, earlier here, etc.]
- San Francisco’s Alioto firm: “Attorney and law firm must pay $67K …for ‘vexatious’ suit challenging airline merger” [ABA Journal, Andrew Longstreth/Reuters (Joseph Alioto: "badge of honor"), Ted Frank/PoL (sanctions are small change compared with enormous fees obtainable through merger challenges]
- N.J.: “Lawyer takes state plea, will pay $1M to widow’s estate” [ABA Journal]
- Texas: “State Rep. Reynolds charged with 7 others in barratry scheme” [SETR]
- “Paul Bergrin, ‘The Baddest Lawyer in the History of Jersey,’ Convicted at Last” [David Lat/Above the Law, earlier]
- “Attorney’s mug shot winds up next to his law firm’s ad, in marketing effort gone awry” [Martha Neil, ABA Journal]
- Once the American legal profession reformed itself, but that was long ago [John Steele Gordon]
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don't,
judges,
New Jersey,
San Francisco,
Texas,
wills and trusts
- Feds investigating prominent Texas attorney and many-time Overlawyered mentionee Mikal Watts [MySanAntonio via PoL]
- Florida high court: lawyers not privileged to defame parties during informal witness questioning [Delmonico v. Traynor]
- Client’s story: not only did attorney try to kill me, he also gave me bad advice [Lowering the Bar]
- Some lawyers for city of Cleveland seek union representation, following municipal attorneys in S.F., D.C. and Houston [Cleveland Plain Dealer]
- Watch what you say about lawyers, part CLXXVI [NYLJ, "shakedown"]
- Former ATLA president Barry Nace fights disciplinary proceeding in W.V. [Chamber-backed WV Record]
- Minnesota lawyer who billed client for time he spent having sex with her won’t be allowed to practice for more than a year [TheLawNet, earlier on this candidate for "ultimate Overlawyered story"]
- Should she take the job offer from an apparently unethical attorney? If she has to ask… [Elie Mystal, Above the Law]
Tagged as:
Cleveland,
discipline,
don't,
ethics,
lawyers,
libel slander and defamation,
Mikal Watts
If you’re high-ranking figures in a federal prosecutor’s office, don’t resort to pseudonymous rants on comment boards to settle scores, especially not if it means commenting on open cases that your office is handling [three now-resigned officials from the U.S. Attorney's office in New Orleans; WWL, Gambit, Daily Mail]
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don't,
New Orleans,
prosecution
If you’re a lawyer who specializes in defending DWIs (or even if you’re not) it’s probably a poor idea to charge your clients extra for getting their court records backdated [Charlotte Observer; ABA Journal; James Crouch, Wake County, N.C., takes plea and gives up law license]
Tagged as:
alcohol,
don't,
North Carolina
Errant West Virginia attorney: “Mr. Robinson committed a criminal offense by beating Mr. Gump, his client, with a baseball bat” [Charleston Gazette]
Tagged as:
don't,
West Virginia
- Oh, ABC: “America’s Wrongest Reporter” Brian Ross achieves another feat of wrongness [Hans Bader] “Don’t turn Aurora killer into celebrity” [David Kopel, USA Today] For the media: five tips on how not to misreport the gun angle [Robert VerBruggen, NRO]
- Ed Brayton of Dispatches from the Culture Wars challenges me on the War For Roberts’ Vote, and I respond;
- The “contains peanuts” warning on a peanut jar [Point of Law]
- “California Stats Show Elected Judges Disciplined More Often than Appointed Judges” [ABA Journal] New Federalist Society guide on state judicial selection procedures;
- “Science Quotas for Women–A White House Goal” [Charlotte Allen, Minding the Campus; Hans Bader] More: Heritage. “Title IX swings wildly at invisible enemy” [Neal McCluskey]
- So that’s what his business card meant when it said he practiced at Loeb and Wachs [AP: "Hawaii attorney convicted in ear licking case"]
- Rare occasion in which defendant is allowed to strike back: California appeals court says software executive can pursue malicious prosecution case against class action lawyers [NLJ]
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California,
don't,
guns,
John Roberts,
judicial elections,
loser pays,
overwarning,
science and scientists,
Title IX
The Texas Supreme Court has sent back for further adjudication a controversy in which two newspapers had failed to win a summary judgment motion in a libel case filed against them. It took judicial notice that the trial judge in the case had taken a plea bargain on racketeering charges that included having accepted a $8,000 bribe to rule against the newspapers on the motion [ABA Journal]
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don't,
judges,
libel slander and defamation,
newspapers,
Texas
…break and enter into the house of your client’s husband to retrieve her possessions [Albuquerque lawyer Raymond Van Arnam, fined, sentenced to weekend jail time and ordered to pay restitution, but not deprived of his law license, on charges of misdemeanor criminal trespass and misdemeanor larceny; Above the Law]
Tagged as:
divorce,
don't,
New Mexico
Don’t (if you’re a lawyer seeking favorable rulings in your case) attract national attention by assailing the judge and other court officials as, among other epithets, “Popess,” “mindless numbnut,” “dastardly Jesuit,” and “bigoted Catholic beasts.” [Lowering the Bar, Minnesota]
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don't
- Executive with “Autism Speaks” group quits to found group more aligned with scientific opinion on cause of condition [SciAm]
- Here comes the ban-cigarettes-entirely crusade [Peter Singer on forthcoming Robert Proctor "Golden Holocaust"] “Parents try to blame Four Loko for son getting shot” [Elie Mystal, Above the Law] Still-relevant cartoon from ’30s on Federal War on Drugs (or Booze, take your pick) [Perry]
- Controversy over definition of medical disorders in DSM-V has implications for workplace law including ADA, FMLA [Labor Related, petition]
- “Not Safe to Display an American Flag in an American High School” [Volokh]
- “Criminal Defense Lawyer Charged in Alleged $1.5M Fraud On Clients Obtained Under False Pretenses” [ABA Journal, Greenfield; Texas]
- Father of Notre Dame student who died says family never considered suing [Chicago Tribune]
- “The Ignominious End Of The Digitek Mass Tort” [Beck]
Tagged as:
autism,
colleges and universities,
don't,
pharmaceuticals,
psychiatry,
tobacco
- Don’t: “Lawyer Disbarred for Verbal Aggression to Pay $9.8M Fine for Hiding Cash Overseas” [Weiss, ABA Journal]
- Loser-pays might help: “Dropped malpractice lawsuits cost legal system time and money” [Liz Kowalczyk, Boston Globe]
- “Kim Kardashian and the Problem With ‘Celebrity Likeness’ Lawsuits” [Atlantic Wire]
- Kim Strassel on the Franken-spun Jamie Leigh Jones case [WSJ]
- Peggy Little interviews Prof. Lester Brickman (Lawyer Barons) on new Federalist Society podcast;
- Worse than Wisconsin? “Weaponizing” recusal at the Michigan Supreme Court [Jeff Hadden, Detroit News]
- New York legislature requires warning labels for sippy cups [NYDN]
Tagged as:
Al Franken,
don't,
Lester Brickman,
loser pays,
medical malpractice,
Michigan,
nanny state,
recusals,
right of publicity
If prosecutors are to be believed, Paul Bergrin not only defrauded lenders on a grand scale but “set up witnesses to be murdered before they could testify against his clients”. “I can’t have some [expletive] lawyer in suspenders and I’m supposed say thanks because he got my sentence down to twenty years,” said one murder-rap defendant client. “I’m paying top dollar, and I demand legal brilliance. Someone who will consider all the options.” [New York magazine]
Tagged as:
crime and punishment,
don't,
New Jersey