18 results for 'cat:"Civil Procedure" AND cat:"Attorney Discipline"'.
J. Marquez finds that the disciplinary counsel properly declined to apply Colorado's five-year statute of limitations to reciprocal disciplinary proceedings brought against attorney John F. Kennedy. Although the proceedings were brought nearly 15 years after the attorney's initial misconduct was discovered in Washington, D.C., the limitations period in attorney discipline cases is not meant to apply to reciprocal proceedings, which do not reexamine any of the misconduct or make independent findings. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: April 22, 2024, Case #: 2024CO21, Categories: civil Procedure, attorney Discipline
Per curiam, the appellate division finds that the decision to stay an investigation into the conduct of attorney Randel Scharf should be vacated. Scharf was suspended in September 2023 until further order, but the Otsego County Bar Association was named limited custodian of his client files when the investigation was stayed. The bar group subsequently provided status reports to the court, which lifted the stay on its own motion after deliberations.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-67-24, Categories: civil Procedure, attorney Discipline
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Per curiam, the court of appeals grants attorney Jeffrey B. Clark's petition for rehearing regarding the enforcement of a subpoena filed by the Office of Disciplinary Counsel's related to disciplinary charges accusing him of rule violations while serving as Assistant Attorney General in the U.S. Department of Justice. Enforcing the subpoena would violate Clark's Fifth Amendment right against self-incrimination.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-BG-0891 , Categories: civil Procedure, Civil Rights, attorney Discipline
J. Cain denies a request by a Texas-based law firm to reject a lower court’s recommendations that it be barred from intervening in a former client’s suit to recover fees and out-of-pocket expenses prior to its lawyers’ suspension from the practice in Louisiana for using modern-day runners to get clients, a state-law felony. The firm unsuccessfully argued the magistrate judge exceeded her authority and failed to apply the correct legal standards in her report. However, the ruling agrees with the magistrate judge’s conclusions the firm’s assertions fail to support its request for intervention and that the firm has acted with so little regard for the rules of ethics and professional conduct that it deprived itself of the ability to provide any meaningful service to clients with legitimate claims.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: February 14, 2024, Case #: 1:22cv4071, NOS: Insurance - Contract, Categories: civil Procedure, Attorney Fees, attorney Discipline
J. Gildea establishes the Advisory Committee on the Rules of Lawyers Professional Responsibility and appoints four members, with the mission of reviewing the report of the American Bar Association on the Rules and the Supreme Court's order addressing recommendations from that report, and subsequently developing and proposing rule amendments consistent with the directions in the court's order.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: August 23, 2023, Case #: ADM10-8043, Categories: civil Procedure, attorney Discipline
Per curiam, the Georgia Supreme Court finds that the special master improperly granted the Georgia Bar's motion for default against attorney Ramon David Sammons, Jr. for his violations of the Georgia Rules of Professional Conduct during his representation of an elderly client and her daughter in a personal injury action against a nursing home. The attorney made misrepresentations to the daughter, failed to communicate with her and participated in the matter when he was either suspended from the practice of law or ineligible to practice for nonpayment of dues. The attorney was not in default when he filed and served his answer to the complaint within 30 days after the Bar took additional efforts at the special master's prompting to him. Vacated.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 16, 2023, Case #: S23Y0743, Categories: civil Procedure, Judiciary, attorney Discipline
J. Elgo finds that the disciplinary counsel's claim regarding a suspended attorney's ability to meet with clients while employed by a supervising attorney was mooted when the supervising attorneys terminated their relationships with the suspended attorney; therefore, the appeal of the disciplinary counsel must be dismissed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 4, 2023, Case #: AC44763, Categories: civil Procedure, attorney Discipline
Per curiam, the court of appeals denies the chief disciplinary counsel's motion to dismiss for improper joinder because its participation in and prosecution of the disciplinary hearings below render it a proper party to this action. Meanwhile, because attorney Norman Pattis failed to timely serve the trial court judge who suspended him from the practice of law for six months, her motion to dismiss is granted.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: July 28, 2023, Case #: AC46194, Categories: civil Procedure, Judiciary, attorney Discipline