So you want to go to Federal Court ? — The Younger Abstention Doctrine

Posted On Aug 25 2014 by

The federal court will abstain.  It’s called the Younger Abstention Doctrine. Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). Younger was used in Canatella v. California, 404 F.3d 1106, 1109 – 1110 (9th Cir. 2005) by the federal court to dismiss a case where an attorney sought to have the court address certain First Amendment issues regarding the bar association’s interest in disciplining him: The Middlesex Factors: “Absent `extraordinary circumstances’, abstention in favor of state judicial proceedings is required if the state proceedings (1) are ongoing, (2) implicate important state interests, and …


Eugster Response to WSBA Governance Task Force Report

Posted On Aug 21 2014 by

The response by Steve Eugster to the WSBA Governance Task Force Report is here: 2014_08_12a_letter_judicial_power_deunification.  The WSBA Board of Governors is expected to consider the Governance Task Force Report at its September 2014 meeting in Seattle.


Seattle Attorney Disbarred: Convicted and Sentenced — 2 Years

Posted On Aug 17 2014 by

The Seattle Times reports: Edward Joseph Callow represented a client who was permanently disabled in a car wreck. Nationwide Insurance agreed to pay her a $25,000 advance, plus a $500,000 settlement. But Callow told her the settlement was for only $250,000, and that he would keep one-third of that for attorney’s fees. He also kept the advance. The Supreme Court has disbarred Mr. Callow.  The WSBA reports: Edward J. Callow (WSBA No. 41966, admitted 2009), of Seattle, was disbarred, effective 12/02/2013, by order of the Washington Supreme Court. The lawyer’s conduct violated the following Rules of Professional Conduct: 1.4 (Communication), …


Nebraska Supreme Court Deunifies the Nebraska Integrated Bar

Posted On Aug 15 2014 by

On December 6, 2013, the Nebraska Supreme Court issued its decision s petition for a rule change. See In re Petition for a Rule Change to Create a Voluntary State Bar of Nebraska, 286 Neb. 1018, 841 N.W.2d 167 (2013).  In its decision, the Nebraska Supreme Court chose to retain the NSBA as a mandatory bar association but restricted NSBA activities that may be funded by mandatory dues to the following six categories, which were found to be germane to the regulation of the legal profession: Admitting qualified applicants to membership in the NSBA; Maintaining the records of membership;s members; …


Billings Montana Attorney Disciplined

Posted On Jul 31 2014 by

A Billings attorney has been disciplined regarding efforts in an adoption matter — failed to notify the father of the child and advised the judge that no one other than his clients had an interest in the child.  There is more to the story.  Billings attorney to be suspended for unethical adoption case, withholding records, Billings Gazette, July 30, 2014.


Texas — 8 Texas lawyers & 3 judges disciplined

Posted On Jul 17 2014 by

Houston Legal, a lawyer blog in Houston, Texas, which is part of the Houston Chronicle, reports that 8 Texas lawyers & 3 judges disciplined have recently been disciplined.  The reports do not describe the conduct which formed the exact basis for the ethics violations.


Bar complaint against lawyer for sexual relations with client

Posted On Jul 9 2014 by

Here is a link to a bar complaint against a Minnesota lawyer who had sexual relations with a client and billed her for the time.  The Complaint.


Florida — Recent Discipline Actions

Posted On Jul 2 2014 by

The Florida Supreme Court disciplined 11 South Florida attorneys in recent actions brought by the Florida Bar.  South Florida Business Journal. This post will eventually be added to so that the way in which the Florida Bar is regulated may be understood.  For the time being it looks as though the Florida Bar is said to be “an arm” of the Florida Supreme Court.  


Lawyer Fees in Class Action Cases

Posted On Jun 22 2014 by

A few days ago Judge Richard Posner, for a panel of the 7th Circuit, threw out a class action settlement regarding claims related to Pella windows.  Decision.  What the lawyers have done in the case and the fees they claimed is shocking.  In situations like this one wonders whether the local bar discipline process will step into the situation and process grievances against the lawyers involved.


Attorney in Trouble in Florida — Set-up of DUI of opposing counsel?

Posted On Jun 22 2014 by

This complaint is interesting.  See Attorneys face discipline for DUI setup during shock jock trial.  Fox June 3, 2014.  Looks like the whole firm was involved.  How does the attorney discipline system work in Florida?   — Florida Bar and its Department of Attorney Regulation.