“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).
Posts Tagged ‘bar associations’
Needs four days to finish bar exam
In response to his request for handicap accommodation, the West Virginia Board of Bar Examiners gave Shannon Kelly three instead of two days to complete the bar exam, “printed its examination in big type … gave him a room to himself and allowed him an extra day to complete the test”. He flunked anyway, so it’s off to federal court to demand further accommodations for what his lawyer Edward McDevitt describes as Kelly’s “severe deficits in processing speed, cognitive fluency and rapid naming”. (Above the Law, Aug. 4; WV Record, Jul. 25). We covered similar issues in the famous Marilyn Bartlett case (before federal judge Sonia Sotomayor in New York) Aug. 20-21, 2001. More: Coppelman, Workers Comp Insider.
July 13 roundup
- Nothing new about lawyers stealing money from estates, but embarrassing when they used to head the bar association [Eagle-Tribune; Lawrence, Mass., Arthur Khoury]
- Unusual “reverse quota” case: black job applicant wins $30K after showing beauty supply company turned her down because it had a quota of whites to hire [SE Texas Record]
- Who knew? Per class action allegations, pet food contains ingredients “unfit for human consumption” [Daily Business Review]
- U.K.: “A divorcee who won a £1.4million payout from her multi-millionaire husband is suing her lawyers because she claims she should have got twice that amount.” [Telegraph]
- UW freshman falls from fourth-floor dorm window after drinking at “Trashed Tuesday”, now wants $ from Delta Upsilon International as well as construction firm that put in windows [Seattle P-I, KOMO]
- After giant $103 million payday, current and former partners at Minneapolis law firm are torn by feuds and dissension — wasn’t there a John Steinbeck novella about that? [ABA Journal and again, Heins Mills]
- Small firm that used to make Wal-Mart in-house videos sets up shop at AAJ/ATLA convention hawking those videos for use in suits against the retailer [Arkansas Democrat Gazette, earlier]
- When the judge’s kid gets busted [Eric Berlin; Alabama]
Texas: “Public left in dark on accused attorneys”
How pathetic is the State Bar of Texas when it comes to protecting clients from rogue lawyers? This pathetic:
Dallas attorney Bruce Patton has a clean disciplinary record, according to the State Bar’s Web site, which provides profiles of the state’s 80,000 or more practicing attorneys. But consider this before you hire him to draft your will: Patton is in state prison after being convicted of a felony two years ago….
The Texas Legislature and Supreme Court, which share a role in establishing ethics rules for attorneys, have made it so that the public stays in the dark about thousands of lawyers accused of misconduct. Bar confidentiality rules ensure that many sanctions are private and that lawyers accused of felonies can continue practicing. The Bar doesn’t require attorneys to report their criminal record or malpractice suits.
The Fort Worth Star-Telegram’s disturbing investigation goes into considerable detail, and mentions a couple of cases that will be familiar to readers of this site: “San Antonio attorney Ted Roberts, charged with stealing $100,000 from his wife’s lovers, was recently convicted, two years after being indicted. He faces a five-year sentence. The Bar didn’t suspend him until June and is now recommending disbarment.” And: “The firm of John O’Quinn, one of the state’s wealthiest personal-injury lawyers, was ordered by an arbitration panel this summer to pay $35 million to former clients who say he overbilled them for expenses, but no mention of that order is on the Bar’s Web site.” (Yamil Berard, Fort Worth Star-Telegram, Aug. 19; “Panel seeks changes in Bar’s disciplinary system for lawyers”, Aug. 19). More: GruntDoc wonders whether doctors can expect a similar concern for confidentiality.