18 results for 'cat:"Evidence" AND cat:"Attorney Discipline"'.
J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: Elections, evidence, attorney Discipline
J. Cadish denies the Nevada Bar's petition for reciprocal discipline of Jeffrey Gray Thomas, who was disbarred in California. The attorney was disbarred for multiple counts of professional misconduct related to filings, as well as threats made to opposing counsel. In Nevada, he failed to self-report his disbarment in California, as required. The discipline is not warranted because disbarment in Nevada is not equivalent to the same in California. Disbarment in Nevada is irrevocable whereas in California a disbarred attorney may seek reinstatement after five years.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 8, 2024, Case #: 87346, Categories: evidence, Due Process, attorney Discipline
J. Beckwith suspends Alvin S. Brown for 60 days, and he must demonstrate fitness and pay restitution to be reinstated. Evidence that Brown violated eight rules of professional conduct, including by charging fees for services he did not provide and failing to communicate with a client, supports the Board on Professional Responsibility's recommendations.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: March 7, 2024, Case #: 20-BG-0589, Categories: evidence, attorney Discipline
J. Beckwith suspends Pablo A. Zamora for six months for misappropriation of client funds. Although the Board on Professional Responsibility recommended Zamora be disbarred, evidence supports the hearing committee's finding his misappropriation was negligent, rather than reckless.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: March 7, 2024, Case #: 22-BG-0943 , Categories: evidence, attorney Discipline
J. Cadish finds the disciplinary panel properly recommends a 6-month suspension of David L. Mann. Record testimony of his paralegal shows she handled cases without him. Client testimony shows that continuances of hearings due to the attorney's lack of diligence affected her custody and bankruptcy cases. The attorney also testified he could not handle the custody case without his paralegal.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 9, 2024, Case #: 86549, Categories: evidence, attorney Discipline
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J. DiPentima finds that while the attorney's disciplinary hearing, which resulted in her disbarment, took place immediately following the court's hearing on the attorney's claims of bias, her due process rights were not violated. She had previously been advised of the hearing schedule and was provided with a full and fair opportunity to present arguments during each hearing. Meanwhile, the court's decision to disbar the attorney was supported by competent and credible evidence, including that the attorney's bias claims were frivolous and based almost entirely on decisions made against her client in previous cases. Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: February 2, 2024, Case #: AC45424, Categories: evidence, Due Process, attorney Discipline
Per curiam, the Oklahoma Supreme Court grants Jackie Dale Elsie's request to allow him to resign his membership in the bar and relinquish his right to practice law. Elsie admits to driving a motor vehicle while under the influence of alcohol and without valid driver's license. It is his sixth alcohol-related offense since his admission to the Oklahoma Bar Association. He freely and voluntarily rendered his resignation and was fully aware of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: December 4, 2023, Case #: SCBD-7582, Categories: evidence, attorney Discipline
J. Kuehn suspends James Harry Lockard from the practice of law as final discipline for his no-contest plea convictions for domestic assault and public intoxication. Lockard was arrested after his wife reported he had punched and kicked her, and grabbed her throat. He was found by police in a public area in pajama pants with no shirt, no shoes and one sock. Though he has shown remorse and willingness to change, mitigating evidence did not include proof of AA meeting attendance, urinalysis test results or testimony of his commitment to sobriety. The evidence lacked assurance that he is ready to continue representation of death row inmates without completing his criminal probation.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: SCBD-7505, Categories: evidence, attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Gregory Carter will be suspended from the practice of law for two years for his failure to deposit a client's payment in his trust account and for a sexual interaction with the client's girlfriend, which included forcing her to perform oral sex in his office as a "reward" for his legal services. Carter also refused to acknowledge the seriousness of his misconduct, which resulted in a police investigation, but because he has a clean disciplinary record, the second year of his suspension will be stayed so long as he completes the necessary continuing education courses.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: 2023-Ohio-3992, Categories: evidence, attorney Discipline
J. Fader denies former attorney Sherwood Wescott’s petition for reinstatement to the Maryland Bar. The attorney has not submitted to bar counsel any of the required client information or client notification documentation. The attorney has also not provided documented proof of having not engaged in the practice of law during his period of suspension.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: September 7, 2023, Case #: AG No. 2, Categories: evidence, Due Process, attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Shawn Romer will be indefinitely suspended from the practice of law after he pleaded guilty to several felony charges that stemmed from his cocaine use with a minor who was part of a sex trafficking operation. Although Romer has a clean disciplinary record, he has a long-term substance abuse problem and several other criminal convictions that prevent him from practicing law any time in the foreseeable future.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3099, Categories: evidence, attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Griff Nowicki will be suspended from the practice of law for one year for engaging in sexual conduct with a client while representing that client and her husband in a civil matter. Although Nowicki eventually withdrew as counsel for the couple, he represented the wife in divorce proceedings despite an obvious conflict of interest, but his suspension will be stayed so long as he commits no further misconduct and completes continuing education classes.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3079, Categories: evidence, Sanctions, attorney Discipline
J. Gaziano partially affirms disciplinary sanctions imposed on three prosecutors for withholding evidence that could be used to prove the chemist they were prosecuting was not guilty. One of the lawyers was not aware of the withheld evidence and was only guilty of relying on one of the other lawyers telling him that she had turned over such evidence, so he should not be subject to anything more severe than a public reprimand, but the lawyer who actually withheld the evidence did so knowingly and showed a lack of remorse or candor, so it is appropriate for her to be disbarred. The other lawyer was reckless and incompetent and should be suspended for one year plus one day.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: August 31, 2023, Case #: SJC-13360, Categories: evidence, Legal Malpractice, attorney Discipline
Per curiam, the Maine Supreme Court finds that the single justice properly determined that the appellant violated the Maine Rules of Professional Conduct and the Maine Bar Rules. The justice's factual findings regarding the appellant's continuing legal education and his representation of a certain client are "supported by competent record evidence." Additionally, the sanctions were not inappropriate. Affirmed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023ME58, Categories: evidence, Sanctions, attorney Discipline
Per curiam, the Fifth Circuit finds the three-judge disciplinary panel of the Northern District of Texas properly suspended attorney David Finn from practice, requiring that he provide proof of sobriety during that period. Finn failed to appear for sentencing of a client twice without notifying the court or client, explaining that he had a substance abuse problem and had checked himself into rehab. A prior non-suspension sanction had not changed the behavior, and Finn’s conduct persisted without remorse. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 14, 2023, Case #: 22-11092, Categories: evidence, attorney Discipline
J. Darby suspends lawyer Richmond Odom’s license to practice law for three years to run concurrent with discipline in Louisiana. Respondent was suspended for three years in Louisiana and ordered to pay $27,000 in restitution, and all costs. The Louisiana Supreme Court found that for two years he systematically committed 160 separate acts of conversion of funds, in an amount over $260,000 from a trust account. He fails to meet his burden to show that the basis of the Louisiana discipline isn’t supported by evidence or that the Louisiana findings are not sufficient grounds for discipline in Oklahoma.
Court: Oklahoma Supreme Court, Judge: Darby, Filed On: May 23, 2023, Case #: SCBD-7413, Categories: evidence, Conversion, attorney Discipline
Per curiam, the Louisiana Supreme Court suspends attorney Henry Klein for one year and one day. Klein made unsubstantiated, disparaging remarks about a trial judge and opposing counsel, engaged in ex parte communications with the trial court’s law clerk, and continued to file duplicative pleadings into the record related to a civil matter.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: May 18, 2023, Case #: 2023-B-0066, Categories: evidence, attorney Discipline