Accounting 102 Course for Lawyers

A common theme in attorney discipline cases is the lawyer’s failure to properly handle client funds. Law school, unfortunately, teaches lawyers-to-be little if anything about basic accounting principles or financial record-keeping. Lawyers owe a fiduciary duty to their clients which includes proper handling and documenting their money. For those interested in getting a basic understanding

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Theft, Intimidation, Lies and Obstruction Nets Turkey of the Month Award

The newly-branded Turkey of the Month (f/k/a Jackass of the Month) Award goes to David J. Steele. An attorney since 2003, Mr. Steele was disbarred by the Indiana Supreme Court, which charged him with eight counts of misconduct involving among other things “theft of client funds, retaliatory disclosures of clients’ confidential information, pervasive dishonesty, and

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Former Prosecutor Who Forged Indictment Wins Jackass of Month Award

This month’s “Jackass of the Month” award featured many fine contestants.  Each exhibited the qualities of a true jackass — arrogance, intentional disregard of the law, superiority, and narcissim, to name a few. But one attorney stood out head and shoulders above the crowd for his truly loathsome behavior as not only an officer of

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Tales From The OED Crypt: Using Forged Document To Trick Witness Can Get Counsel Treated To Discipline

Lawyers often are accused of playing “tricks” in litigation. For those who are familiar with trial tactics, the “trick” label is usually nothing more than legal “tradecraft” – the techniques of experienced litigators to weave a story through a combination of arguments, documents, and witness testimony. Pretending to read from a document while asking a

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District Court Holds USPTO’s Reciprocal Discipline Rule Requires Agency To Impose “Identical” Sanction As State Bar

USPTO practitioners take heed — if you are publicly disciplined on ethical grounds by a State Bar, the USPTO must impose the identical disciplinary sanction as the State Bar.  Moreover, Section 11.24 provides practitioners notice regarding the procedure to be followed if a practitioner is disciplined on ethical grounds by another jurisdiction.  Those are the

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The Mega-Firm Swiss Verein Law Firm Structure Provides More Access To Legal Services (Good) And More Conflicts Of Interest (Bad)

Baker & McKenzie is one.  Dentons is as well.  So are DLA Piper, Hogan Lovells, King & Wood Mallesons, Norton Rose Fulbright, and Squire Patton Boggs. What these venerable law firms all have in common is they are organized as Swiss associations, or “vereins.” A Swiss verein is a formal legal structure recognized under Swiss

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Should A U.S. Federal Court Hear A Foreign Patent Malpractice Case Arising Under Foreign Law?

“What do you mean ‘my patent lapsed?’ You said You Were Going To Pay The Maintenance Fees.” – Anonymous Client The failure to pay a maintenance fee when you agreed to do so can be a lawyer’s worst nightmare.  The nightmare can be made even worse when, according to the patent owner, the patented technology is so

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What They Didn’t Teach You In Law School: Representing Client With Diminished Capacity

In recognition of Mental Health Awareness Week, the focus this month on “What They Didn’t Teach You in Law School” is on representing a client with diminished mental capacity.  According to the leading mental health organization in the country, 1 in 5 adults in the United States suffer from some form of mental health condition

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