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May 12, 2012
-- May 15, 2012
GENERAL
The Lawyer You Refer Cases To May Be a Cannibal
Posted
by Michael A. Stratt, InjuryBoard Blog Network
05-15-12 --
Is the law firm you refer complex PI cases also your competition for
client business? Many referral based law firms want it both ways.
These firms attempt simultaneously to develop a referral business
from other lawyers while advertising directly to those potential
referrers’ customers. Effectively, these firms are treating their
referral base as their competition. They are cannibalizing their
referrers!
. . . This behavior appears
to be a new trend. For instance, a well-known Hartford firm, after
having built its business for decades through word of mouth lawyer
referrals is now directly advertising on radio and TV for clients.
The ads are apologetic but impactful. To paraphrase a recent ad
running during morning rush hour, the spokesperson in a deep and
authentic sounding voice says, “We are uncomfortable advertising but
if we don’t you may go to a less qualified lawyer.” Well, that less
qualified lawyer is probably one of the folks who refers them cases.
Ripples From Dewey Collapse Swamp Lawyer Job Market
By
Christine Simmons, New York Law Journal
05-15-12 --
The collapse of Dewey & LeBoeuf, which once had more than 1,000
lawyers, has caused what a senior legal recruiter calls a "massive
disruption" in the job market for attorneys in New York.
. . .
Recruiters were hearing from Dewey
partners and associates months before rising costs and falling
revenues prompted the firm to replace chairman Steven Davis in
April.
. . .
"There were junior partners who were
getting paid very little and we were hearing from them last year,"
said a senior New York recruiter who wished to remain anonymous and
was not authorized to discuss partner concerns. Some Dewey partners
said they weren't getting paid much more than associates, the
recruiter added.
As Dewey Partners Find New Homes, Questions Mount About
Old One
By Petra
Pasternak, The Recorder
05-11-12 --
What had been a steady exodus at Dewey & LeBoeuf turned into an
avalanche this past week, bringing the total number of departed
partners to more than 180. Silicon Valley M&A star Richard Climan is
taking his team to Weil; IP litigator Henry Bunsow and his group
will form a boutique as they assess options. Most of the firm's
staff and associates have been laid off or will be in the next
couple of days.
. . . But with the show
clearly over, why hasn't the curtain come down? There's been no call
for a dissolution vote, and the firm's management hasn't publicly
laid out how — or if — it will attempt to avoid bankruptcy.
. . . "The partnership
agreement requires a vote for dissolution and that hasn't happened
that I know of," said one former California Dewey partner. "It
probably means they're closing the offices, they're going to stop
the necessity to pay employees, but technically the business will
continue until they can wind it up and then they'll ask the
[remaining] partners to vote to dissolve."
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CALIFORNIA
Attorney accused of accepting kickbacks
By
Amanda Bronstad, The National Law Journal
05-11-12 --
An attorney has been indicted on charges of accepting kickbacks from
associates who received work from his client, an Indian tribe in
California.
. . .
Gary Edward Kovall, a graduate of
Loyola Law School, Los Angeles, who now lives in Ely, Minn., has
been licensed to practice in California since 1976. He voluntarily
became inactive on Jan. 9 of this year, according to the State Bar
of California.
. . .
Kovall, 66, was legal counsel of the
Twenty-Nine Palms Band of Mission Indians, whose reservation
includes land in the Mojave Desert. The tribe receives hundreds of
thousands of dollars from the U.S. Environmental Protection Agency,
according to the May 9 indictment.
DISTRICT OF
COLUMBIA
Pardon Attorney Torpedoes Plea for Presidential Mercy
by Dafna
Linzer. ProPublica
05-13-12 --
A
version of this story [1] was co-published with
The Washington Post [2].
Clarence Aaron seemed to be
especially deserving of a federal commutation, an immediate release
from prison granted by the president of the United States.
. . .
At 24, he was sentenced to three
life terms for his role in a cocaine deal, even though it was his
first criminal offense and he was not the buyer, seller or supplier
of the drugs. Of all those convicted in the case, Aaron received the
stiffest sentence.
. . .
For those reasons, his case for
early release was championed by lawmakers and civil rights
activists, and taken up by the media, from PBS [3] to Fox News [4].
. . .
And, ultimately, the
prosecutor's office and the sentencing judge supported an immediate
commutation for Aaron.
. . .
Yet the George W. Bush
administration, in its final year in office, never knew the full
extent of their views, which were compiled in a confidential Justice
Department review, and Aaron's application was denied, according to
an examination of the case by ProPublica [5] based on
interviews with participants and internal records.
ILLINOIS
Senate confirms Oak Park lawyer as new Chicago-based federal judge
By Bob
Goldsborough Special to the Chicago Tribune
05-14-12 --
The U.S. Senate today voted 86-1 to confirm Chicago lawyer and
former federal prosecutor John J. “Jay” Tharp Jr. to a vacant
judgeship on the U.S. District Court for the Northern District of
Illinois.
. . .
Tharp, 51, becomes the fifth federal
trial court judge that President Barack Obama has gotten confirmed
to the Chicago-based federal court since taking office. Obama
nominated Tharp in November to replace Judge Blanche M. Manning, who
had taken senior status, which is a form of semi-retirement, in
early 2010.
KANSAS
Former Attorney General Kline Wants Justices Off Case
by John
Holt, Fox4kc
05-14-12 --
Former Attorney General and Johnson county D.A. Phill Kline will
file a motion on Tuesday to have two Kansas Supreme Court justices
removed from his appeal to keep his law license.
. . . Kline’s attorney Tom
Condit of Cincinnati says his filing will demand justice Carol Beier
be removed from hearing Kline’s ethics appeal–citing among other
things-a 2008 opinion she authored. Condit says the opinion relied
on falsehoods about Kline’s handling of abortion records–and was
critical of Kline based on those falsehoods.
. . . “She showed her bias,”
Condit tells FOX 4 news. “Her opinion dressed down Phill based on
falsehoods.”
. . . Condit claims Beier has
also revealed herself as a feminist and abortion supporter in
outside writings. Some of her writings the motion will claim–suggest
she is a feminist who supports using the media to affect culture
shifts.
MARYLAND
'Fowl Play' in E-mails Between Maryland Governor and Perdue GC?
By Sue
Reisinger, Corporate Counsel
05-14-12 --
The general counsel of poultry giant Perdue Incorporated learned a
hard lesson this week—that if the governor is an old law school
chum, then watch out for those e-mails that can be subject to public
information requests.
. . . A Washington,
D.C.-based environmental group called Food & Water Watch has accused
Maryland Governor Martin O’Malley and Perdue GC Herbert Frerichs Jr.
of having a “cozy relationship,” after the group made a Public
Information Act request for all correspondence between the
governor’s office and the poultry company.
. . .
In some 70 pages of e-mails, dating
from July 2010 through November 2011 and
reproduced on the group’s website, the GC and the
governor discuss various issues relating to Perdue, such as
proposals to generate energy from burning poultry manure.
MASSACHUSETTS
Barry P. Wilson, fiery defense attorney, begins serving 90-day jail
sentence
By
Travis Andersen, Boston Globe Staff
05-15-12 --
Fiery defense lawyer Barry P. Wilson surrendered today at Suffolk
Superior Court to begin serving a 90-day jail sentence, after being
found in contempt of court last year for his behavior during jury
selection in a murder trial.
. . . The 62-year-old Wilson
-- who wore jogging pants and a windbreaker -- walked into Courtroom
704, where he was met by court officers and led away as about 20
supporters applauded.
. . . Wilson, whose former
clients include ex-Boston city councilor Chuck Turner, said earlier
outside the courthouse that he would not resume his law practice
when he is released from the Suffolk County House of Correction at
South Bay.
Harvard grad sues to revoke plagiarism finding
By Karen
Sloan, The National Law Journal
05-11-12 --
A 2009 Harvard Law School graduate has sued her alma mater and two
former classmates, claiming that their false accusations of
plagiarism cost her a promising legal career.
. . .
Megon Walker has struggled to find
legal employment since graduating because her academic record
includes a reprimand for plagiarizing a law review article draft,
the suit alleges.
. . .
Walker filed suit in U.S. District
Court for the District of Massachusetts on May 4, naming as
defendants the president and fellows of Harvard College; law school
dean of students Ellen Cosgrove; and professor and college
administrative board chairman Lloyd Weinreb. Also named are two
former student editors-in-chief of the law school's Journal of Law
and Technology, Bradley Hamburger and Lindsay Kitzinger.
. . .
"By the false allegation of
plagiarism resulting in unfair branding of plaintiff as a cheat and
as academically dishonest, defendants have destroyed everything
plaintiff has worked so hard to achieve and what she deserves, and
the plaintiff is left daily with that shame, no job, alone with only
the knowledge that unless she has relief from the court, she will
never obtain what she has worked so hard to achieve and what she
deserves," the complaint reads.
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MICHIGAN
Appeals court: Lawyer in pornography case shouldn't have to pay
$2,000 as ordered by judge in Detroit
The
Associated Press | The Republic
05-15-12 --
A federal appeals court says a lawyer for a Michigan school official
caught with child pornography at the New York-Canada border
shouldn't have to pay a $2,000 penalty in the case.
. . . A three-judge panel of
the 6th Circuit U.S. Court of Appeals issued a ruling Tuesday
reversing the sanction against attorney John Freeman.
MINNESOTA
St. Paul lawyer who trashed judge loses appeal on fines
By David
Hanners, Pioneer Press, Twincities.com
05-15-12 --
It was OK for a bankruptcy judge to fine a St. Paul attorney for
putting a string of religious slurs in her legal filings, a federal
judge has ruled.
. . .
Ruling in an appeal filed by Rebekah
Nett, U.S. District Judge Joan Ericksen said the bankruptcy judge
did not abuse her discretion when she sanctioned Nett $5,000, and
that the lawyer never showed remorse for her actions.
. . .
Nett "stuck her head in the sand"
and filed a memorandum written by her client without first checking
to see if the statements it contained were based in fact, Ericksen
wrote.
. . .
U.S. Bankruptcy Judge Nancy Dreher
had fined Nett for bigoted and anti-Catholic slurs in a filing for a
client she represented in a bankruptcy case.
State board accuses Minneapolis lawyer Peter Nickitas of
bullying opposing attorney
by Ed
Stych, Web Producer, Minneapolis / St. Paul Business Journal
05-11-12 --
Lawyers have been known to get verbally aggressive with each other
in the courtroom. But a state board is saying one Minneapolis
attorney went too far and wants him publicly disciplined for
"harassing and bullying" another lawyer.
. . . The Office of Lawyers
Professional Responsibility, which monitors attorney ethics, has
asked the Minnesota Supreme Court to suspend Minneapolis attorney
Peter James Nickitas, partially for insulting statements he
allegedly made to lawyer Michelle Hurley.
. . .Nickitas said in an
interview Friday that "the allegation of bullying is false."
NEW YORK
Cops: Lawyer bought stolen flat-screen TV
By Bryan
Fitzgerald, Times Union
05-15-12 --
A 57-year-old village attorney was on the other side of the
courtroom this weekend.
. . . Lee Hartjen was
arraigned in Cobleskill Village Court Saturday for allegedly buying
a stolen 60-inch flat-screen television earlier this year, State
Police said.
. . . Hartjen allegedly
bought the TV from John Giakoumakis. Giakoumakis stole the TV from a
home in Delaware County, troopers said.
Lawyer couple get $360,000 payout from city over false
arrest by NYPD sergeant
Incident stemmed from couple complaining about cops' treatment of
suspect
By John
Marzulli / New York Daily News
05-14-12 --
The city will pay a $360,000 settlement to a civil rights lawyer and
his wife who claimed they were falsely arrested by cops after
objecting to the beatdown of a drug suspect on a Brooklyn street.
. . . Michael Warren and wife
Evelyn, who is also a lawyer, claimed vindication in their lawsuit,
which was scheduled for civil trial Monday.
. . . The couple were stopped
at a red light on Vanderbilt and Atlantic Aves. on June 21, 2007,
when they observed cops tackle a man. The suspect was handcuffed
when Sgt. Steven Talvy allegedly kicked the man in the head.
. . . The Warrens got out of
their vehicle and Michael Warren told the sergeant what he was doing
was wrong and illegal. The couple alleged they were punched in the
face before being charged with disorderly conduct. They spent about
six hours in police custody.
Lawyer Held In Lieu of $2M Bail re Claimed Conspiracy to
Help Clients Avoid Tax on Offshore $10M
By
Martha Neil, ABA Journal
05-14-12 --
A lawyer who has been federally indicted on accusations he
participated in a conspiracy to help relatives of a retired Fidelity
Investments executive avoid estate and income tax on $10 million in
offshore funds was still in jail at last report, being held in lieu
of $2 million bond.
. . . A federal magistrate
judge in New York said Michael Little, 61, must post $1 million in
cash or property to win his release, according to the
Guardian and the
Wall Street Journal.
. . . Attorney Elkan
Abramowitz represents Little. He told the WSJ in an email: "We are
studying the charges contained in the complaint. We are confident
that in the end we will be able to demonstrate that there is no
merit to them."
Ex-Dewey Staffers Feel 'Thrown Under Bus'
By
Christine Simmons, New York Law Journal
05-14-12 --
New York employees of beleaguered Dewey & LeBoeuf collected their
belongings on May 11 and said goodbye to colleagues on their last
day after the firm laid off scores of non-attorney personnel.
. . .
Some staffers described the mood in
Dewey's offices as somber and like a "funeral." Others expressed
anger at firm management, blaming them for orchestrating what is
shaping up as the largest law firm failure in history.
. . .
"People have been thrown under the
bus," a woman who described herself as a Dewey staff member said
outside the firm's Avenue of the Americas offices but declined to be
identified. "It's very sad." Lawyers and staff "are bursting into
tears," she added.
NORTH
DAKOTA
ND attorney suspended for 6 months for case delays
North Dakota's Supreme Court has suspended a former Devils Lake
attorney from practicing law for six months.
Associated Press | Dickinson Press
05-15-12 --
North Dakota's Supreme Court has suspended a former Devils Lake
attorney from practicing law for six months.
. . . The court's suspension
order on Monday says Rudolph Tollefson dawdled on handling some
cases and lied to clients about their progress.
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PENNSYLVANIA
Superior Court Revives $500 Million Malpractice Claim Against K&L
Gates
By Gina
Passarella, The Legal Intelligencer
05-15-12 --
The Pennsylvania Superior Court has reinstated a $500 million
malpractice suit against K&L Gates and accounting firm Pascarella &
Wiker for their alleged failure to detect fraudulent activity at the
now bankrupt Le-Nature's when the firms conducted an internal
investigation of the company years before the bankruptcy.
. . .
A three-judge panel led by Judge
John L. Musmanno overturned an Allegheny trial court's ruling in
Kirschner v. K&L Gates and instead found K&L Gates did have an
attorney-client relationship with Le-Nature's and not just the
special committee that hired the firm to investigate allegations of
fraud. The court also found Le-Nature's suffered actual damages and
that they, as according to the facts pled in the complaint, were
proximately caused by K&L Gates' actions.
Church lawyer testifies Cullen, other clergy lied to him
By Peter
Hall, Of The Morning Call
05-14-12 --
A former attorney for the Philadelphia Catholic Archdiocese
testified Monday that top church officials including retired
Allentown Bishop Edward Cullen lied to him about a list of priests
suspected of sexually abusing children.
. . . Tim Coyne, who served
as the church's general counsel, said a prosecutor asked him in
2004, in the midst of a grand jury investigation of sexual abuse by
Philadelphia-area priests, to track down the list of 35 suspected
child abusers Monsignor William Lynn had produced in 1994.
. . . Coyne said he contacted
five church leaders including Cardinal Anthony Bevilacqua; Cullen,
who was the cardinal's top aide; and Bishop Joseph Cistone, who is
now head of the Saginaw, Mich. diocese, but the effort was
unsuccessful.
RHODE
ISLAND
Disbarred RI lawyer sentenced in mortgage fraud
Associated Press | Boston.com
05-15-12 --
A disbarred Rhode Island attorney has been sentenced to federal
prison for his role in a $1.1 million mortgage fraud scheme.
. . . Federal prosecutors
said Tuesday that 66-year-old James Levitt of Pawtucket was
sentenced to a year in prison. He was also fined $25,000 and ordered
to pay $610,500 in restitution.
. . . Levitt pleaded guilty
in February to three counts of bank fraud and two counts of filing
false tax returns.
TEXAS
How a Houston lawyer tracks down missing moon rocks (+video)
Attorney Joe Gutheinz, a former NASA investigator, looks for missing
pieces of the moon that returned with the Apollo astronauts.
By
Michael Graczyk, Associated Press | Christian Science Monitor
05-14-12 --
The dark suit and tie that Joe Gutheinz wore set him apart from
other customers inside a Texas eatery where the usual attire is
jeans and cowboy hats.
. . . An appetite for
down-home cooking wasn't what brought the former NASA investigator
to the Pitt Grill recently. He was on a quest to identify and maybe
recover some of the rarest treasure brought to Earth and then lost:
moon rocks.
. . . "We're educating the
states and countries of the world about how much they're worth on
the black market and we need to increase the security in museums and
need to put them back on display," Gutheinz said.
Rachel Brown's lawyer accused of harassment, being
"sexually
inappropriate" in Hand Center doc divorce
By Sarah
Rufca, CultureMap Houston
05-14-12 --
Michael Brown, the prominent founder of the Brown Hand Center, is
not exactly known for his good track record with women, with a
felony conviction (from beating his third wife in 2002), a herpes
lawsuit and another assault trial (where he was found not guilty) on
the books.
. . . But this time it's
another Brown who is accused of bad behavior. Two female attorneys
representing Michael Brown and his relevant corporate entities in
the divorce from Rachel Brown have filed a motion for sanction
against Rachel's lawyer, Marshall Davis Brown, Jr. (no relation),
calling his statements and conduct "extreme, outrageous and sexually
inappropriate."
. . . The comments described
by attorneys Jeanne Caldwell McDowell and Mary-Olga Lovett include
"referring to a female attorney as a 'cunt,' a 'flat-chested bitch'
and a 'dumb shit'," telling a female attorney he "has never been so
embarrassed by a white woman," offering to examine an attorney's
breasts for lumps, suggesting to an attorney that they share a hotel
room, describing an attorney as working for an "escort service" and,
perhaps creepiest of all, describing an attorney with "Daddy like."
VERMONT
Lawyer is suspended over rules of conduct violation
Josh
Stilts, Brattleboro Reformer| Bennington Banner
05-15-12 --
A local lawyer has been suspended for what is being called
"violation of the rules of professional conduct."
. . .
On Tuesday, William M. McCarty Jr.,
of Brattleboro, an attorney for 45 years, had his license to
practice law suspended for six months by the Vermont Professional
Responsibility board after his actions led to the wrongful eviction
of a Vermont woman and a civil suit against his client, according to
official documents.
. . .
McCarty told the Reformer that
there’s no basis for the complaint or the conduct board’s ruling and
said he has filed an appeal to the Vermont State Supreme Court.
|
Vista Print a Victims-of-Law Associate |
May 9, 2012
-- May 11, 2012
GENERAL
Dewey Hit with WARN Suit as Partner Departures Suggest Merger Didn't
Take
By Brian
Baxter, The Am Law Daily
05-10-12 --
The gradual demise of
Dewey & LeBoeuf continued on Thursday as more partners
defected for Am Law 200 shops and a spin-off boutique. Plus, the
struggling firm found itself hit with its first suit under the
Worker Adjustment and Retraining Act (WARN), and federal
regulators moved to take over its underfunded pension plans.
. . .
Vittoria Conn, whose LinkedIn page identifies her as a
document specialist who has worked at Dewey since 1999, filed an
11-page complaint against the firm in U.S. district court in
Manhattan. She accuses Dewey of failing to abide by state and
federal laws requiring employers to provide between 60 and 90 days'
notice of a mass layoff of more than 100 employees.
More Than Half of Bias Plaintiffs in ABF Study
Deemed Their Lawyers Incompetent
By Debra
Cassens Weiss, ABA Journal
05-10-12 --
An American Bar Foundation study finds that neither side believes
employment discrimination cases are fair, but plaintiffs’
dissatisfaction often extends to their lawyers.
. . . The study is based on a
random sample of 1,788 cases and 100 interviews with plaintiffs,
defendants and lawyers, according to a
press release. Plaintiffs start out optimistic, the study
found, until they encounter significant obstacles. Costs are high,
conflicts develop with lawyers, and personal lives are affected.
They rarely get a final ruling on the substantive merits of their
case.
. . . Many of the plaintiffs
cried during their interviews. Out of 41 plaintiffs interviewed, 27
reported their lawyers were incompetent or worked against them,
according to the study published in
Law & Society Review. A quarter thought their lawyers
were corrupt. Some complained their lawyers failed to make them
equal partners in the litigation.
Iranian lawyer Mohammad Ali Dadkhah sentenced to
nine years in jail
Posted
by Saeed Kamali Dehghan, The Guardian Blog
05-08-12 --
Thursday 3 May 2012 Dadkhah has defended several people on death row
in Iran, including pastor Yusuf Naderkhani who is jailed for
apostasy.
. . .
A prominent lawyer who worked on the
case of a Christian pastor on death row in Iran for apostasy, which
made headlines around the world, has been sentenced to nine years in
jail.
. . . Speaking to the
Guardian from Tehran, Mohammad Ali Dadkhah said he had also been
banned from teaching at universities or practicing law for an extra
10 years.
. . .
"I have been convicted of acting
against the national security, spreading propaganda against the
regime and keeping banned books at home," he said. Iranian
authorities have used such vague charges to incriminate activists
and lawyers in recent years.
. . .
Dadkhah has represented several
political and human rights activists jailed in the aftermath of the
country's 2009 disputed elections. He has also been the lawyer of
the 32-year-old Yusuf Naderkhani, whose sentencing to
death for apostasy triggered an international outcry.
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CALIFORNIA
Attorney for Twentynine Palms tribe indicted on federal charges
Written
by Keith Matheny, The Desert Sun
05-11-12 --
An attorney for the Twentynine Palms Band of Mission Indians was
among four people indicted Wednesday on federal bribery and
money-laundering charges, the U.S. Attorney's Office in Los Angeles
announced Thursday.
. . . The charges relate to
tribal attorney Gary Edward Kovall, 66, of Ely, Minn., who
prosecutors claimed steered to associates construction work related
to expansion at the tribe's Spotlight 29 Casino.
. . . The associates then
overcharged the tribe and then steered kickbacks to Kovall, said
Joseph N. Akrotirianakis, an assistant U.S. Attorney in the agency's
Public Corruption and Civil Rights Section.
COLORADO
Woman represented by fake lawyer asks court to toss murder-for-hire
conviction
By Felisa Cardona, The Denver Post
05-08-12 --
Ever since Gwen Bergman learned the lawyer who represented her
during her murder-for-hire trial was a fake attorney, she has been
fighting to have her conviction tossed out.
. . .
Over the last two days, U.S.
District Court Judge William J. Martinez held an evidentiary hearing
to decide whether Bergman's Sixth Amendment right to counsel was
violated.
. . . Following a bench
trial, Bergman was convicted in May 2008 of trying to hire a hit man
to kill her son's father.
. . .
She and her family had hired Howard
O. Kieffer to represent her not knowing he was an ex-con with a
record of fraud who never attended law school. They paid him about
$70,000.
. . . In June 2008, a Denver
Post investigation uncovered Kieffer's true identity and notified
Bergman that he was a fake. Kieffer was later convicted of various
fraud-related charges and sentenced to nine years in federal prison.
. . . A mistrial would seem a
likely outcome for Bergman who didn't have a real lawyer, but the
government is arguing she had adequate representation during the
trial, because Kieffer brought in a licensed attorney to help him
with the case.
FLORIDA
Lippman guilty plea: “He drank the Rothstein Kool-Aid”
by Paul
Brinkmann, South Florida Business Journal Reporter
05-11-12 --
Steven Lippman, former partner in Ponzi schemer Scott Rothstein’s
law firm, pleaded guilty to a one-count conspiracy charge Friday
morning in Fort Lauderdale federal court.
. . . “I think he drank the
Rothstein Kool-Aid,” said Lippman’s defense attorney Bruce Zimet,
after the hearing. “But he made several mistakes and is apologizing
for those mistakes.”
. . . Lippman is cooperating
with authorities and expects to be a witness in the widely expected
“big indictment”, expected later this year for several Rothstein
associates.
Casey Anthony Won't Profit from Her Lawyer's Book,
Says Jose Baez
People
Magazine
05-10-12 --
Jose Baez, the attorney who represented Casey Anthony, has written a
tell-all book about the
trial – and says his controversial client won't make any
money off of it.
. . .
The 352-page book, titled Presumed
Guilty: Casey Anthony: The Inside Story, will hit bookstores in July
– a year after Anthony was acquitted of murdering her
2-year-old daughter, Caylee.
. . . "Casey will not
financially benefit from this book in any way, shape or form," Baez
tells PEOPLE. "This is my story, not hers."
GEORGIA
Attorney's husband waives extradition
By
Alexis Stevens, The Atlanta Journal-Constitution
05-10-12 --
The man accused of shooting his wife eight times outside of their
Sandy Springs apartment has waived extradition and will be returned
to Georgia, police said Thursday.
. . . Michael Parson, who was
arrested in Texas over the weekend, is accused of shooting Adina
Parson, an attorney for the state Department of Public Health, three
times in the head April 20. In the days following the shooting,
friends and relatives have said Michael Parson was among those at
Grady Memorial Hospital hopeful for the woman's recovery.
. . . After spending more
than two weeks in critical condition at Grady, Adina Parson was
transferred Tuesday to the Shepherd Center, where she is expected to
remain indefinitely, doctors have said. She still has a bullet
lodged in her chest, but has made significant progress, doctors said
Monday.
Ga. Attorney Facing Felony Theft Charges For Failing
to File Client Cases Is Disbarred
By
Martha Neil, ABA Journal
05-10-12 --
A longtime Georgia practitioner has been disbarred for taking
clients' money without performing agreed work and closing his law
office without notifying them.
. . . However, an attorney
who formerly shared an office with Robert Bach, said he believes the
nearly 80-year-old attorney was suffering from age-related
forgetfulness rather than simply being, as the state supreme court
found, "willful" and "dishonest" in failing to perform work for
which he had been paid, the
West Cobb Patch reports.
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MICHIGAN
Grand Rapids attorney is in prison on tax evasion; wife is released
to care for child
By
Barton Deiters | The Grand Rapids Press
05-11-12 --
As part of a plea deal worked out in federal court, former attorney
Charles Rominger Jr. is serving his 15-month prison sentence while
his wife, Nancy Dilley, is free to take care of their child.
. . . Dilley, also a former
lawyer, recently finished her eight-month prison sentence for
failing to file a tax return in 2007. As part of her
plea deal, she agreed to pay $86,703 to the government.
. . . Dilley will now care
for their 8-year-old son, whom her husband took care of during her
prison stay.
NEW JERSEY
Lawyer Is Suspended from Law Practice for Taking Quest for a
Promotion Too Far
By Debra
Cassens Weiss, ABA Journal
05-10-12 --
An assistant corporation counsel accused of threatening a lawsuit
against his boss unless he got a promotion and some cash has been
suspended from law practice for a year.
. . . The lawyer, Neil Howard
Braunstein of Fanwood, N.J., pleaded guilty to attempted criminal
coercion for the threatened lawsuit, according to the
Legal Profession Blog and a
decision (PDF) by the state Disciplinary Review Board. In
a May 9 order, the New Jersey Supreme Court ordered the suspension.
NEW YORK
Lawyer Little Charged With 11-Year Swiss Tax-Fraud Scheme
By
Patricia Hurtado, Bloomberg
05-11-12 --
The U.S. charged Michael Little, an attorney, with participating in
an 11-year conspiracy that defrauded the Internal Revenue Service
using Swiss bank accounts and sham mortgage transactions.
. . .
Little and unidentified
co-conspirators, including five members of an U.S.-based family,
first met at a New York hotel in August 2001, Manhattan U.S.
Attorney Preet Bharara said in a criminal complaint filed today.
. . .
During the meeting, Little
advised family members, identified in court papers as the “S
Family,” on how they could bring back to the U.S., without paying
taxes, $10 million in overseas accounts that belonged to the
family’s recently deceased patriarch.
Soccer Mom Madam Anna Gristina trying to add Daniel
Geller, son of famed spoon-bender, to her legal team
British barrister has only been licensed to practice in New York for
six weeks
By Helen
Kennedy / New York Daily News
05-10-12 --
You’d have to be psychic to divine what legal maneuver Soccer Mom
Madam Anna Gristina will try next. Maybe that’s why she’s trying to
add the son of famed spoon-bender Uri Geller to her legal dream
team.
. . . Manhattan Supreme Court
Justice Juan Merchan will decide next week whether Daniel Geller,
31, a British barrister who has only been licensed to practice in
New York for six weeks, can join Gristina’s defense.
. . . Merchan was skeptical
about Geller’s lack of experience, given that Gristina wants to team
him with her previous lawyer — Peter Gleason, an eccentric,
Elvis-obsessed attorney who has never handled a felony case — and
Norm Pattis, a Connecticut civil rights lawyer who is not licensed
to practice law in New York.
. . . But Geller’s father —
the world’s most famous psychic and chum of mega-celebrities like
Michael Jackson — predicted his son would be the British-born
Gristina’s best hope.
OHIO
Scam suspect relents, gets lawyer in Ohio court
By
Thomas J. Sheeran, Associated Press | MiamiHerald.com
05-10-12 --
A former fugitive charged with identity theft and running a $100
million scam collecting donations for Navy veterans tried
representing himself in court Thursday before changing his mind and
accepting an attorney.
. . . The defendant goes by
Bobby Thompson, but authorities don't think that's his real name and
have been unable to identify him.
. . . He told Judge Annette
Butler in Cuyahoga County Common Pleas Court that he isn't an
attorney but wouldn't say if he has a law school background because
that relates to the issue of identity theft.
. . .
Authorities believe he defrauded
donors of up to $100 million in 41 states, including $2 million in
Ohio. A fraction of the money has been found. . . . He was arrested
last week in Portland, Ore.
SOUTH
CAROLINA
Charleston attorney suspended following allegations of punching,
biting Utah state trooper
By Glenn
Smith, Post and Courier
05-10-12 --
Charleston attorney Michael DuPree has been suspended from
practicing law while officials investigate allegations that he
punched and bit a Utah state trooper during a vacation traffic stop.
. . . DuPree, 49, is accused
of attacking a trooper who pulled over a car in which DuPree was
riding in Park City, Utah, shortly after midnight March 22,
according to a police report. The trooper stopped the car because it
was traveling 5 mph over the speed limit and failing to stay in one
lane, the report said.
. . . When a trooper tried to
question the driver, 48-year-old Rande Lane of Charleston, about how
much he had a to drink, DuPree repeatedly interrupted, swore at the
officer and refused to identify himself, troopers said. A trooper
ended up shocking DuPree with a stun gun after he repeatedly refused
commands to get out of the car, the report said.
TEXAS
Texas DA Says He Won’t Step Down Despite His Indictment in Federal
Racketeering Case
By
Martha Neil, ABA Journal
05-09-12 --
Urged to resign as a Texas prosecutor following his federal
indictment in an unusual criminal racketeering case that accuses him
of bartering prosecutorial discretion for cash, Cameron County's
District Attorney is reportedly determined to stay in office.
. . . Armando Villalobos, 44,
who is also a Democratic candidate for a seat in the U.S. House of
Representatives, insisted Monday, after his indictment was
announced, that he would neither resign nor drop out of the
Congressional race, according to the
Brownsville Herald and the
Houston Chronicle.
WASHINGTON
Accused pencil-stabber guilty of murder
By Diana
Hefley, Herald Writer
05-09-12 --
Seconds after a Snohomish County jury convicted Joshua Monson of
first-degree murder on Wednesday, corrections officers swiftly moved
in to shackle his one free hand to a chair.
. . . Monson, 28, didn't
resist.
. . .He
faces more than 50 years in prison for the shooting death of Brian
Jones, 30 on Jan. 2, 2011.
. . . Jurors were told that
Monson shot Jones, of Everett, in the back of the head at close
range as Jones talked on a cellphone. In the hours leading up to the
shooting, the men had been smoking methamphetamine in a south
Everett apartment.
. . . Some witnesses believed
there was bad blood between the two over a woman.
. . . Monson, who took the
stand earlier this week, denied shooting Jones.
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GENERAL
Dewey Puts Employees on Notice For Termination; Banks Take Step to
Secure Interest
By Sara
Randazzo, The Am Law Daily
05-04-12 --
Though
Dewey & LeBoeuf leaders
spent much of the week publicly denying that they are
poised to shut down the struggling firm, Friday ended with the
clearest signal yet that the end is in fact drawing near.
. . .
Dewey's recently instated executive
partner, Stephen Horvath, sent a notice to all U.S. personnel at
close of East Coast business hours alerting them that "it is
possible that adverse developments could ultimately result in the
closure of the Firm," according to a copy of the memo obtained by
The Am Law Daily. The bulk of the letter includes disclaimers
related to the Worker Adjustment and Retraining Notification Act,
which requires companies to give 60 days' public notice (and 90 days
in New York) if a mass layoff is planned.
CALIFORNIA
Former Perkins Coie Attorney Sues Firm Over Paycheck Deductions,
Seeks Class Action Status
By
Martha Neil, ABA Journal
05-08-12 --
A corporate attorney who formerly worked in the Menlo Park, Calif.,
office of Perkins Coie has sued the law firm in federal court in
California, contending that it improperly made deductions from his
pay and did not provide an accurate, itemized statement of his wages
as required by state law.
. . . Harold DeGraff contends
that Perkins Coie improperly deducted from his pay business
expenses, unemployment insurance, Medicare and Social Security
costs, among others, that should have been paid by the law firm,
according to
Courthouse News Service.
. . . "These practices have
been uniformly applied to dozens of attorneys classified as W-2
employees at Perkins Coie offices throughout California," the
suit (PDF) alleges. It was filed Friday in federal court
in San Francisco and seeks class action status on behalf of all
attorneys who have worked or are working in the law firm's offices
in California.
Attorney accepts disbarment for misappropriation of
$1.1 million
By
Amanda Bronstad, The National Law Journal
05-03-12 --
In one of the largest misappropriation cases brought by the State
Bar of California, a Los Angeles attorney has accepted disbarment
for taking $1.1 million from 10 clients who retained him to solve
their mortgage problems.
. . .
Vafa Allan Khoshbin, 52, of the Law
Office of V. Allan Khoshbin in Los Angeles, who was admitted to
practice in California in 1993, will be placed on inactive status on
May 5 until the California Supreme Court approves his anticipated
disbarment, according to bar officials.
COLORADO
Denver Lawyer Loses Liability Over Medical MJ Practice
Associated Press | Insurance Journal
05-08-12 --
A Denver lawyer has lost her liability insurance because part of her
practice involves representing medical-marijuana businesses.
. . . The Denver Post
reported the Hanover Insurance Group told Ann Toney last month it
wouldn’t renew her malpractice coverage. It sent a notice saying
Toney’s practice doesn’t meet current underwriting guidelines
because she has an area of practice involving medical marijuana,
which it said was a risk factor.
DISTRICT OF
COLUMBIA
Defense lawyer calls for coverup
By Gary
Buiso,The New York Post
05-06-12 --
This legal eagle has made herself over into the draped defender.
. . .
In a pandering fashion
choice, Washington-based lawyer Cheryl Bormann showed up in the
Guantanamo Bay terror courtroom yesterday in a traditional Muslim
woman’s head garb (left).
. . . Bormann, 52, who is
representing Yemeni terror suspect Walid bin Attash, appeared before
a judge clad in a black hijab, or traditional head covering, and
long black robe.
. . .
She also suggested other women in
the courtroom should follow her fashion example, so bin Attash and
the other male defendants can look at them without “fear of
committing a sin under their faith.”
FLORIDA
Law class discussion raises questions about day care operator's
manslaughter conviction
Curtis
Krueger, Tampa Bay Times Writer
05-05-12 --
It's normal for Pinellas-Pasco Medical Examiner Jon Thogmartin to
visit law classes and teach students how autopsies are used in
murder cases.
. . . It's not so normal for
a law student to relay one of Thogmartin's comments to a defense
attorney, who then uses said comment to seek a new trial for a woman
convicted of manslaughter.
. . . But that's what
happened Friday when a judge delayed sentencing for Stephanie
Spurgeon, a Palm Harbor woman who was convicted of manslaughter in
the death of a 1-year-old child.
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GEORGIA
Wounded attorney moves to Shepherd Center
By
Alexis Stevens, The Atlanta Journal-Constitution
05-08-12 --
The attorney who survived being shot eight times outside her Sandy
Springs apartment was transferred Tuesday to the Shepherd Center
from Grady Memorial Hospital, where she had been since the April 20
shooting.
. . . Adina Parson, 40, was
shot three times in the head while in the breezeway of her
apartment. Her husband, Michael Parson, has been charged in the
shooting and is in custody in Texas, according to police.
. . . The Texas Highway
Patrol arrested Michael Parson just before midnight Saturday, one
day after police announced an arrest warrant had been issued.
. . . He has been charged
with aggravated assault, aggravated battery, possession of a firearm
during the commission of a felony and giving false statements in
writing concealing the facts of a felony, Capt. Steve Rose with
Sandy Springs police has said.
ILLINOIS
Ethics Complaint Against Ex-PD Includes Allegation She Used the
S-Word in Court
By Debra
Cassens Weiss, ABA Journal
05-08-12 --
An ethics complaint against a former assistant public defender in
Cook County includes allegations that she yelled and said the S-word
in court.
. . . Therese Cesar Garza is
accused of failing to communicate plea offers and disclosing
confidential information about her clients to the judge, the
Legal Profession Blog reports. In one case, she is
accused of telling the judge, before a plea was entered, that the
client stole baby formula to feed his 8-month-old child.
. . . The
ethics complaint also targets courtroom conduct deemed to
be disruptive, including alleged use of the S-word.
Candidate for judge faces trial, charged with
stealing rival's campaign signs
Would-be judge denies any wrongdoing
By
Jeremy Gorner, Chicago Tribune reporter
05-08-12 --
Carl Boyd won the Democratic nomination in March for a subcircuit
judge post in Cook County and is a shoo-in for the November election
because he is running unopposed. But first he must deal with a trial
late this month — his own. He faces a misdemeanor charge of
allegedly stealing the campaign signs of a primary rival in the
middle of the night.
. . . Boyd, a veteran Chicago
attorney, was arrested by Chicago police about 2 a.m. the day before
the March 20 primary while allegedly in the possession of a dozen
signs promoting the campaign of primary rival Chester Slaughter.
. . . The arrest garnered no
public attention, and the next day Boyd won in a landslide over
Slaughter and two other candidates with more than half the vote.
Western Springs trial lawyer Robert Feldmeier dies
By Lloyd
Nelson, La Grange Suburban Life
05-08-12 --
Robert C. Feldmeier, a Western Springs resident, trial lawyer and
partner at Schiff, Hardin LLP, died Sunday at Rush University
Medical Center in Chicago of cancer, his law firm said.
. . . Feldmeier was 46.
. . . A father of four,
Feldmeier graduated from the University of Notre Dame in 1987 and
from the University of Illinois College of Law in 1990.
LOUISIANA
La. Attorney Accused by Former Firm of Misusing Client Assets Has
Given Up Law License
By
Martha Neil, ABA Journal
05-07-12 --
A prominent Louisiana attorney has given up his law license after
being accused in a civil suit by his former law firm of misusing or
misappropriating a seven-figure sum of client assets, including tax
credits.
. . . James M. “Tres”
Bernhard III, who formerly served as an associate of Crawford Lewis,
agreed to resign in lieu of discipline, the Louisiana Supreme Court
announced on Friday. The agreement bars him from seeking admission
in the future in Louisiana or any other jurisdiction, the
Advocate reports.
NEBRASKA
Disbarred Lawyer Gets 30 Days for Over a Decade of Unauthorized
Practice of Law
By
Martha Neil, ABA Journal
05-07-12 --
A Nebraska lawyer who continued practicing law for over a decade
after he was suspended in 1998 for failing to pay state bar dues has
been criminally convicted of two misdemeanor counts of unauthorized
practice of law and sentenced to 30 days in jail.
. . . David M. Walocha, who
is now 43, was disbarred earlier this year for the same conduct.
. . . Prosecutor Katie Benson
said the convictions represented just two of the 65 cases in which
Walocha represented defendants in Douglas County Court between 1998
and 2011, reports the Omaha
World-Herald.
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NEW YORK
Lawyer Faces Possible Discipline Over Epic Christmas Poem About
Neverending Divorce Case
By Staci
Zaretsky, Above the Law
05-07-12 --
If you’ve been representing someone in a knock-down, drag-out,
decade-long divorce action, with no end in sight, it’s
understandable that you’d be a little pissed off. And while some
attorneys prefer to write
“not so sincere” letters calling opposing counsel
“a**holes,” others find more creative ways to channel their anger
for the sake of poetic justice.
. . . And while poetry may be
the best way to make passive-aggressive complaints about your case,
the next time you’re considering writing a four-page, 60-line email
riffing on a classic holiday poem, you might want to consider your
audience. Some people might not be fans of your rhyme scheme….
. . .
A. Todd Merolla, of Merolla & Gold, may soon be facing
disciplinary action from a New York court thanks to an epic poem
sent right before Christmas via email to opposing counsel and a
special referee on the case.
. . .
Click to read Merolla’s Christmas Poem
Patterson Belknap Wins More Pages in Line Spacing
Spat
By Debra
Cassens Weiss, ABA Journal
05-07-12 --
Patterson Belknap Webb & Tyler has won the right to include five
extra pages in its brief opposing a dismissal motion after arguing
that an opposing law firm benefited from a change in line spacing.
. . . Patterson Belknap
claimed its opponent did not follow requirements for double spaced
briefs, resorting instead to 1.75-line spacing, according to the
Wall Street Journal
Law Blog and
Law 360 (sub. req.). As a result, Patterson Belknap
argued, the opposing law firm was able to squeeze in about four
extra lines per page, which amounted to about four extra pages in
the opponent's 25-page dismissal motion.
PENNSYLVANIA
Law License of Pa. State Senator Is Suspended Following Conviction
in Political Corruption Case
By
Martha Neil, ABA Journal
05-08-12 --
The law license of a Pennsylvania state senator has been suspended
after her March conviction in a political corruption case, the
Legal Profession Blog reports.
. . . Sen. Jane Orie was
acquitted on 10 counts but found guilty of 14, including theft of
services, forgery and conflict of interest, the
Associated Press reported at the time.
TEXAS
Jefferson County lawyers behaving badly: Lamb on the lam, Engle
indicted again
By
Marilyn Tennissen, Southeast Texas Record
05-08-12 --
One local attorney appears to be on the lam after being indicted
last week for allegedly taking a client's money, while another
lawyer already in jail faces more charges of illegal conduct.
. . . Kevin "Kip" Lamb, 56,
was indicted May 3 on misapplication of fiduciary funds, a
first-degree felony.
. . . Criminal District Court
Judge John Stevens issued a warrant for Lamb's arrest on Thursday
after he was indicted. Law enforcement officers have been unable to
locate the attorney and Lamb still is at large.
. . . He is accused of taking
more than $200,000 that was held in trust for a client.
Texas DA accused of racketeering urged to resign
Associated Press | Fox News
05-08-12 --
The top elected official in a South Texas county called for the
district attorney to resign Tuesday after he was indicted on federal
racketeering charges.
. . . Cameron County Judge
Carlos Cascos said District Attorney Armando Villalobos should step
down and focus on defending himself against charges of extortion and
honest services fraud.
. . . "The concern is
obvious: to try to effectively and efficiently run and manage his
office under a cloud of indictment," Cascos said. "It's hard enough
with the everyday challenges that that office encounters."
Villalobos, former partner charged with bribery,
fraud
Brownsville Herald
05-07-12 --
A federal indictment has been returned against Cameron County
District Attorney Armando R. Villalobos and his former law partner
Eddie Lucio, according to court documents.
. . . Villalobos and Lucio –
no relation to the state senator or state representative – are
charged with racketeering.
. . . Villalobos and Lucio
pleaded not guilty to the charges after being arraigned on Monday
afternoon. They were each released on an unsecured $50,000 bond.
They also waived the reading of the federal indictment, which is 34
pages long.
. . . John Blaylock, who
serves as Lucio’s defense attorney, said a portion of the federal
indictment has to do with the Amit Livingston case. /
Read indictment against Villalobos, Lucio
