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Articles Posted in Legal Ethics

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Professor Alschuler Takes A Shot at Judge Easterbrook

This post does not discuss a legal malpractice issue but an issue of appropriate judicial conduct. Professor Alschuler represented former Governor George Ryan in several of his post-conviction appeals. He is an Emeritus Professor of the University of Chicago Law School and a distinguished scholar in the criminal justice field.…

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Seventh Circuit Affirms Dismissal of Lawsuit Against Indiana Bar

John J. Otrompke intends to seek admission to the practice of law in the State of Indiana. He filed suit against the Bradley Skolnick and the Indiana State Board of Law Examiners apparently accusing them of violating his first amendment rights. Otrompke was concerned that, if he were to apply…

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Withdrawal From A Lawsuit Does Not Bar A Legal Malpractice Claim

This is an important issue in legal malpractice cases. A lawyer represents a client in litigation. If the lawyer is granted leave to withdraw from that matter by the court, does that decision bar a legal malpractice claim by the client? The Washington Court of Appeals held that the withdrawal,…

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8th Circuit Allows Lawyers To Withdraw From Case

This case, Sanford v. Maid-Rite Corporation, 15-2424, is significant because it allowed lawyers to appeal a decision to deny their motion to withdraw. Even better it reversed the decision of the district court. The case was a class action filed by current and former franchisees against Maid-Rite. The plaintiff alleged…

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Colorado Supreme Court Holds That A Trustee Cannot Proceed Pro Se On Behalf of A Trust

This case is captioned 2015 CO 61, Concerning the Application for Water Rights of the Town of Minturn: J. Tucker, Trustee v. Town of Minturn. The Colorado Supreme Court held that a non-attorney trustee of a trust may not proceed pro se before the water court. The court reasoned that…

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D.C. Circuit Enforces Legal Fee Agreement Requiring Client to Pay Lawyer’s Legal Fees

This case is captioned Bode & Grenier, LLC v. Carroll L. Knight. Carroll Knight retained the law firm, Bode & Grenier, LLC, to assist it with litigation and regulatory matters arising out of an oil spill of 100,000 gallons of oil on Carroll Knight’s property in Toledo, Ohio. The lawyers…

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Jenner & Block Prevails In Fee Dispute And Enforces Arbitration Clause

Source: PARALLEL NETWORKS, LLC v. JENNER & BLOCK LLP, Tex: Court of Appeals, 5th Dist. 2015 – Google Scholar This is a decision affirming an arbitrator’s award of legal fees to Jenner & Block. The case is a typical attorney-client fee dispute, but here the Court enforced the parties’ arbitration…

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North Dakota Supreme Court Takes A Stand Against Unreasonable Legal Fees

Source: IN THE MATTER OF ESTATE OF AMUNDSON, 2015 ND 253 – ND: Supreme Court 2015 – Google Scholar This appeal dealt with the issue of fees charged to probate estates. The North Dakota Supreme Court affirmed a judgement against a lawyer that he repay $95,000 in legal fees that…

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