FindLaw Opinion Summaries - Ethics & PR

Legal Aid Servs. of Or. v. Legal Servs. Corp.

Mon, 23 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Constitutional Law, Ethics & Professional Responsibility, Government Law) In a First Amendment challenge to restrictions on lobbying, soliciting clients, participating in class actions, and seeking attorneys' fees imposed on legal aid organizations that received federal grants through the Legal Services Corporation, summary judgment for defendants is affirmed where: 1) the regulations did not discriminate against any particular viewpoint or motivating ideology; and 2) plaintiffs' professed fear that their federal funding might be terminated was not sufficient to support an as-applied challenge.

Barboza v. West Coast Digital GSM, Inc.

Thu, 19 Nov 2009 20:00:02 PDT

(Cal. App., Attorney's Fees, Class Actions, Ethics & Professional Responsibility, Labor & Employment Law) In a class action lawsuit brought by former employees alleging unlawful wage deductions, failure to pay overtime and other employment violations, class counsel's obligations to the class do not end with the entry of judgment and his obligations continue until all class issues are resolved, which may include enforcement of the judgment.

In re: Bradley

Thu, 12 Nov 2009 20:00:02 PDT

(U.S. 5th Cir., Bankruptcy Law, Ethics & Professional Responsibility, Sanctions) In bankruptcy trustee's appeal from a ruling of the bankruptcy court, affirmed by the district court, holding the trustee's predecessor in contempt of court and imposing monetary sanctions, the order is affirmed where: 1) the remedial civil contempt power extends to defiance of a bankruptcy court injunction whose terms are known, but which has not yet been formalized as required by procedural rules; and 2) the lack of agreement between the opposing parties briefing the motion for injunction did not render the resulting ruling unclear.

Berry & Murphy, P.C. v. Carolina Cas. Ins. Co.

Thu, 12 Nov 2009 20:00:02 PDT

(U.S. 10th Cir., Contracts, Ethics & Professional Responsibility, Injury And Tort Law, Insurance Law, Professional Malpractice) In an action for insurance coverage for a malpractice lawsuit, summary judgment for defendant is affirmed where: 1) the alleged acts of malpractice in a letter sent to the malpractice defendant and the lawsuit were "connected by an inevitable or predictable interrelation or sequence of events" for purposes of the policy; 2) the insurance policy treated as one claim all "related wrongful acts"; and 3) because defendant had no legally cognizable duty to defend or indemnify a claim, plaintiffs' bad faith claim could not survive.

Cassel v. Sup. Ct.

Thu, 12 Nov 2009 20:00:02 PDT

(Cal. App., Civil Procedure, Dispute Resolution & Arbitration, Ethics & Professional Responsibility, Evidence, Injury And Tort Law, Professional Malpractice) In plaintiff's legal malpractice suit, his request for writ of relief from two orders excluding evidence in favor of his former attorneys is granted and the orders vacated as the communications are a client and his attorney, outside the presence of, and not otherwise communicated to, any opposing party or the mediator, and reveal nothing said or done in the mediation discussion.

Bobby v. Van Hook

Mon, 9 Nov 2009 20:00:05 PDT

(U.S.S.C., Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus, Per Curiam) In a capital habeas matter, a circuit court of appeals' grant of the petition on the basis that petitioner's lawyers performed deficiently in investigating and presenting mitigating evidence is reversed where: 1) the court of appeals applied 2003 ABA Professional Guidelines to defense counsel's conduct at a trial that took place in 1985; and 2) counsel's performance at the trial was not deficient under the standards in place at the time.

Heath v. SEC

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Administrative Law, Ethics & Disciplinary Code, Ethics & Professional Responsibility, M&A, Securities Law) Investment banker's petition for review of the SEC's affirmance of the New York Stock Exchange's (NYSE) finding that petitioner violated NYSE Rule 476(a)(6) by disclosing a client's confidential information to a third party, the petition is denied where: 1) a violation of the rule did not require bad faith; 2) mere unethical conduct was sufficient for violation of the rule outside the breach of contract context; and 3) summary judgment was appropriate on the issue of petitioner's guilt.

In the Matter of: Proeducation Int'l. Inc.

Fri, 30 Oct 2009 21:00:02 PDT

(U.S. 5th Cir., Bankruptcy Law, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Sanctions) In an appeal from the district court's affirmance of the bankruptcy court's order disqualifying counsel for a creditor, the order is reversed where: 1) the bankruptcy court should have considered counsel's evidence of his lack of involvement with the debtor while at his prior law firm in making its decision; and 2) counsel presented sufficient evidence to demonstrate that he did not operate under a conflict of interest when he undertook the representation of creditor.

Zhang v. Sup. Ct.

Thu, 29 Oct 2009 21:00:02 PDT

(Cal. App., Commercial Law, Consumer Protection Law, Ethics & Professional Responsibility, Government Law, Insurance Law) In plaintiff's action against her insurer over disputes arising from a fire of her commercial premises, district court's ruling sustaining defendant's demurrer to a cause of action under the Unfair Competition Law (UCL), Business and Professions Code section 17200, is vacated and remanded with directions to reinstate the cause of action as an insurer connected with conduct that would violate Insurance Code section 790.03 can also give rise to a private civil cause of action under the UCL.

In re: Riebesell

Wed, 28 Oct 2009 20:00:02 PDT

(U.S. 10th Cir., Bankruptcy Law, Ethics & Disciplinary Code, Ethics & Professional Responsibility) In a bankruptcy adversary proceeding seeking to prevent the discharge of a debt owed to plaintiff by his attorney (the debtor), judgment for plaintiff is affirmed where: 1) the parties had an attorney-client relationship during the relevant period under Colorado law; 2) the loans to defendant were not "standard commercial transactions" exempt from the requirements of Colo. R. Prof'l Conduct 1.8(a); and 3) the bankruptcy court's finding that defendant had the requisite intent to deceive plaintiff was not clearly erroneous.

In the Matter of: Greater Southeast Cmty. Hosp. Found., Inc.

Tue, 27 Oct 2009 20:00:02 PDT

(U.S. D.C. Cir., Bankruptcy Law, Civil Procedure, Ethics & Professional Responsibility) In an appeal from a district court order striking plaintiff's attorney as counsel of record and terminating his status as an appellant from a bankruptcy court order, the order is affirmed where: 1) counsel was not a licensed attorney; and 2) he lacked prudential standing to appeal from the bankruptcy court's order.

Casey v. FDIC

Tue, 20 Oct 2009 20:00:03 PDT

(U.S. 8th Cir., Banking Law, Civil Procedure, Ethics & Professional Responsibility) In an action against mortgage lenders alleging that the lenders had engaged in the unauthorized practice of law by charging a fee for preparation of loan documents by nonlawyers, judgment for defendant is affirmed where: 1) all claims in a case to which the FDIC was a party had "arising under" federal subject matter jurisdiction; and 2) the document preparation fees at issue constituted loan-related fees, including without limitation, initial charges, as enumerated in 12 C.F.R. section 560.2(b)(5).

White v. Cridlebaugh

Tue, 20 Oct 2009 20:00:02 PDT

(Cal. App., Construction, Consumer Protection Law, Contracts, Ethics & Professional Responsibility, Government Law, Property Law & Real Estate, Remedies) In plaintiffs' action against various defendants including a building contractor involved in the construction of their retirement home, the judgment of the trial court is modified as the corporation that acted as the building contractor on the project violated the California's licensure requirements and, based on that violation, the homeowners are entitled under Business and Professions Code section 7031(b) to recover all compensation paid to the contractor for the unlicensed work. Furthermore, as a matter of statutory construction, the recovery authorized by section 7031(b) may not be reduced by an unlicensed contractor's claim of offset for materials and services provided in connection with the unlicensed work.

In re Jaffe

Mon, 19 Oct 2009 20:00:03 PDT

(U.S. 2d Cir., Ethics & Disciplinary Code, Ethics & Professional Responsibility) The Committee on Attorney Admissions and Grievances' findings of fact and recommendation of public reprimand against an attorney are adopted where there was clear and convincing evidence that the attorney had engaged in conduct unbecoming a member of the bar. Additionally, the attorney is removed from the court's bar.

US v. Evanson

Mon, 19 Oct 2009 20:00:03 PDT

(U.S. 10th Cir., Criminal Law & Procedure, Ethics & Professional Responsibility) Defendant's tax fraud conviction is affirmed where the disqualification of defendant's counsel did not violate his right to counsel under the Sixth Amendment because the district court reasonably assessed the problems that could arise from counsel's continued representation of defendant.