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Attorneys & Judges "In the News" for the Previous Week |
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Attorneys & Judges "In the News" for the Previous Week |
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July 15 - July 16, 2008
Former Assistant AG Winds Up on Feds' Terror Watch List 7-15-08 -- The Justice Department's former top criminal prosecutor says the U.S. government's terror watch list likely has caused thousands of innocent Americans to be questioned, searched or otherwise hassled. . . . Former Assistant Attorney General Jim Robinson would know: he is one of them. . . . Robinson joined another mistaken-identity American and the American Civil Liberties Union on Monday to urge fixing the list that's supposed to identify suspected terrorists. . . . "It's a pain in the neck, and significantly interferes with my travel arrangements," said Robinson, the head of the Justice Department's criminal division during the Clinton administration. He believes his name matches that of someone who was put on the list in early 2005, and is routinely delayed while flying -- despite having his own government top-secret security clearances renewed last year. . . . "I suppose if I were convinced that America is a safer place because I get hassled at the airport, I might put up with it," Robinson said. "But I doubt it." Find Evidence on Your Opponent's Web Site
7-15-08
-- One of the best places on
the Internet to find information about a company Commentary: Has a U.S. Attorney Knowingly Prosecuted Innocent People? The government is investigating cases brought by Alice Martin, U.S. Attorney in Birmingham, Ala. 7-15-08 -- In March 2007 the U.S. government charged Axion Corp., a small business in Huntsville, Ala., with illegally giving technical drawings for a Blackhawk helicopter part to manufacturers in China. The prosecutors seized Axion's assets and took away its government contract business. The company won an acquittal at trial a year later, but by that time, it was out of business. . . . Axion is the latest in a string of aggressive prosecutions brought by Birmingham U.S. Attorney Alice Martin. Those prosecutions are marked by convictions overturned and innocent men wronged. Two judges have openly questioned whether she knowingly prosecuted innocent people. The American Lawyer has learned that the U.S. Department of Justice's Office of Professional Responsibility has opened an investigation into allegations of misconduct that were made by Axion against Martin. . . . A Mississippi native, Martin was a federal prosecutor in Memphis and an Alabama state court judge. She has strong ties to the Republican establishment -- her mentor is William Canary, a powerful Republican campaign consultant in Alabama who has close ties to former White House Deputy Chief of Staff Karl Rove.
For Disability Law Group Interns, It's Personal
7-16-08 -- Until she was 14, law student Rebecca Williford was a competitive swimmer and regularly lifted weights. But one morning, she woke up feeling sick and depleted. In the coming years, Williford's fatigue didn't go away, and she started having trouble walking. It took several years of doctor visits and tests to identify that she had Dysautonomia, a chronic neurological and cardiovascular disorder that affects, at different times, her blood pressure, heart rate, vision and digestion. By 17, Williford was relying on a wheelchair. . . . "For the first time, I was a part of the disability community, and I realized the tremendous need for advocacy on behalf of them -- for health care, for employment, for fathers who are breadwinners trying to figure out what they would do if they couldn't return to their job."
CBI will investigate allegations against DA Newsome 7-15-08 -- The Colorado Bureau of Investigation on Tuesday launched an investigation into 4th Judicial District Attorney John Newsome's travel expenses and allegations that he misused taxpayer money, according to Colorado Springs police. . . . The announcement late Tuesday came a day after state Sen. John Morse asked police to investigate a trip that Newsome took in October in which he attended a college football game but didn't pay taxpayers back for expenses for six months. . . . Colorado Springs police referred the case to the CBI, according to a police statement. . . . "The CBI regularly conducts inquiries into assertions of misconduct of public officials and is experienced in these investigations," the statement said. Police also were reluctant to conduct an investigation because a police detective accompanied Newsome on the trip."
Conn. Lawyer Committed for Shooting at Car 7-16-08 -- A Stamford, Conn., attorney found not guilty of shooting at a motorist by reason of insanity has been committed to a state mental hospital for 20 years. . . . Forty-year-old Eric Witlin had been charged in May 2007 after he fired a shotgun twice at a motorist, then broke into the home of his ex-wife and entered with the gun while his 11-year-old son was in his bedroom. . . . Witlin was charged with attempted murder, burglary, assault and risk of injury to a child. He was found not guilty by reason of mental disease or defect in May after a court hearing by Judge Richard Comerford.
Miami-Dade School Board Attorney Put On Leave 7-16-08 -- Miami-Dade School Board memebers voted Monday to put the Board's attorney on leave. . . . JulieAnn Rico is under investigation, for living in Palm Beach county after receiving $15,000 from the district to pay for her moving expenses to Miami-Dade county in 2006. . . . Rico returned the money Monday night. Attorney Argues His 'Witch' Comments About Judge Are Protected Speech Fla. Supreme Court has called into question attorney's deal with State Bar that required a guilty plea in exchange for a public reprimand 7-16-08 -- Fort Lauderdale, Fla., criminal defense attorney Sean Conway agreed he was in the wrong when he called a controversial Broward judge an "evil, unfair witch" and "seemingly mentally ill" two Halloweens ago. . . . But following the intervention of the Florida Supreme Court, Conway is attempting to get his conditional guilty plea tossed on the basis that the First Amendment protected his comments. . . . An attorney should be able to have some liberty in expression and not face disciplinary action, lawyers argued in Florida Supreme Court briefs. . . . "Questioning a judge's qualifications for an elected position lies at the core of our First Amendment freedoms," the American Civil Liberties Union wrote on behalf of Conway.
DA's Office Strikes Back, Claims Accused Courthouse Shooter's Lawyers Have Conflict 7-16-08 -- The prosecutors seeking to send Brian Nichols to Georgia's death row have responded to the latest defense effort to have them removed from the case, arguing that the mixed bag of allegations of wrongdoing, bias and improper communications with the news media are not only unsubstantiated and insufficient but also call into question whether the Nichols lawyers themselves have a conflict of interest. . . . The motion, authored by Senior Assistant District Attorney Christopher Quinn, avoids any mention of the allegations of criminal behavior leveled at a former assistant district attorney that were caught on a wiretap in an unrelated murder case. Those allegations are a key element of the latest defense gambit, and the defense claims they have been swept under the rug by Fulton County District Attorney Paul L. Howard Jr.
Kane Co. prosecutor suspended for affair with cop 7-16-08 -- A Kane County prosecutor has been suspended a month without pay for an affair with an Aurora police officer, who was a witness in several cases she prosecuted, authorities said Tuesday. . . . Elizabeth Lovig also could face scrutiny by a state lawyer disciplinary panel for the relationship, which started in late 2001, according to a statement from the state's attorney's office. . . . Lovig, an assistant state's attorney since 1992, prosecutes felony offenses. Earlier this month, Lovig won a first-degree murder case against a convicted drug dealer accused in a 2006 Elgin slaying.
Lawrence lawyer accused of theft released without bail Arthur Khoury is accustomed to standing in court with a client at his side. Yesterday, he was the client. . . . Khoury, 68, of 15 Bunkerhill St., was arraigned in Lawrence District Court on a single charge of larceny over $250 stemming from allegations he bilked $77,285.34 from the estate of a client who died in August of 2004. . . . Khoury stood with his lawyer, Robert O'Sullivan, as Judge Michael Brooks warned him not to get in further trouble while his case was pending or he could spend 60 days in jail without bail. . . . Brooks ordered Khoury to return to court on Sept. 5 for a pre-trial hearing.
Commonwealth's Attorney Ward arrested on DUI 7-16-08 -- Commonwealth's Attorney Mike Ward was arrested for a second time in five months for allegedly driving a motor vehicle under the influence of alcohol. . . . According to Tpr. Dean Patterson, public information officer for KSP Post 1 in Mayfield, Ward was arrested at 12:03 a.m. Saturday, about a half hour after he was stopped on Ky. 450 near Symsonia in Graves County, and charged with DUI. He spent 10 hours in Graves County Jail and was released on a $3,500 bond. . . . Noting his previous DUI arrest in Benton in February, Ward, in a faxed statement to the Ledger & Times, apologized to constituents in Calloway and Marshall counties, friends and family, and asked for continued support and prayer in his struggles with alcohol and his recent diagnosis of an unspecified form of cancer. Lawyer Derided Over Google Domain Ad Suit Ad performance on parked domains in dispute 7-16-08 -- The litigant sought class action status for his lawsuit after an investment of $136.11 failed to bring him conversions from parked domains. . . . Industry observers witnessed various lawsuits against Google over the past few years, as litigants made accusations over issues like click fraud and their rankings in the search results. . . . A recent lawsuit noted by InformationWeek finds Hal K. Levitte suing over his AdWords campaign, which ran in the summer of 2007. Ads that appeared on parked domains and on error pages generated some clicks, but no conversions. . . . "Levitte spent $136.11 for ads on parked domains and error pages, which works out to 15.3% of his $887.67 ad campaign," the report said. . . . Once news of this legal kerfuffle emerged, industry observers weighed in with less than favorable commentary about Levitte's action.
Metairie pair start recall against attorney general 7-16-08 -- Two Metairie women have launched a recall election effort against state Attorney General Buddy Caldwell, the Secretary of State’s Office reported Tuesday. . . . Josephine Lovoi, aligned with no party, and Antoinette Hibbs, a Republican, filed papers to launch a petition drive to recall Caldwell, a Democrat. . . . Caldwell, a former northeast Louisiana prosecutor, took office in January. . . . He beat Republican Royal Alexander in a runoff election. . . . Incumbent Charles Foti, a Democrat, lost out in the primary election. . . . Recall chairman Lovoi has an unlisted telephone number. A message left on an answering machine at a number listed for Hibbs went unreturned.
Rating site Avvo adds Maryland lawyers to its list 7-15-08 -- The controversial lawyer-rating site Avvo.com has launched in Maryland, and you’re on it. . . . Avvo purports to rank lawyers without letting them influence their ratings through the purchase of advertisements on the site. . . . Avvo contains profiles for every attorney in 16 states and the District of Columbia, including, as of last week, Maryland. It gives numerical rankings for about 10 percent of Maryland lawyers. . . . “What we’re doing is replicating the process that an experienced, sophisticated consumer of legal services would go through” to pick a lawyer, said Mark Britton, founder and CEO of Avvo. . . . Britton, former general counsel to Expedia.com, started Avvo last year. He says the site’s name is short for avvocato, the Italian word for lawyer. . . . Britton said his goal is to give consumers a better option for picking an attorney than leafing through the phone book.
Lawyer gets 9 years on fraud conviction 7-16-08 -- A Princeton man has been sentenced to nine years in prison on federal wire fraud and tax evasion charges. . . . Prosecutors say 61-year-old Alan Mason was also sentenced on Tuesday to three years of probation and ordered to pay more than $6.6 million in restitution. . . . Authorities say Mason was an attorney and real estate investor who took money from banks that was supposed to pay off liens on properties for closings he was handling, and used the money for personal purposes.
7-16-08 -- The recent bribery convictions of several prominent Mississippi lawyers and judges cast a sinister pall over our legal system, the reputation of which was already suffering in the public eye. And rightly so. . . . After all, those cases were not simply minor breaches of some hyper-technical ethical rule. . . . They struck right at the heart of the integrity of our legal system. But as with most professions and vocations, it is always the acts of a few that taint the reputations of the rest. . . . I have had the honor and privilege to practice law for 26 years. During that time, I have worked with and against thousands of attorneys and have appeared before hundreds of judges all over this country.
Lawyer's Legal Work for N.J. Justice Bounces Firm From Vioxx Case 7-15-08 -- Merck & Co. Inc. has dropped New Jersey's Lowenstein Sandler from its appeal of a $13.5 million Vioxx case to prevent recusal of a potentially pro-company state Supreme Court justice who the firm represents in a private matter. . . . Lowenstein partner Douglas Eakeley, who won a split decision in the Appellate Division in May, won't reprise his arguments in the state Supreme Court because since February he has been defending Justice Roberto Rivera-Soto against a complaint that the justice abused the power of his office to gain advantage in a private dispute. . . . Eakeley agreed to handle the justice's case at the request of the state attorney general's office, which provides representation to judges sued for alleged misuse of office. . . . Merck and 250-lawyer Lowenstein Sandler agreed it would be better for Eakeley and the firm to refrain from working on Merck's petition for certification, filed June 30, rather than force Rivera-Soto's almost certain recusal from a case argued by his personal counsel, lawyers familiar with the situation say.
Milberg Firm Defends Pay Deal With Weiss 7-16-08 -- Securities class action law firm Milberg on Tuesday defended at a court hearing a pay deal with co-founder Melvyn I. Weiss, who was sentenced last month to 30 months in prison for orchestrating a scheme to pay kickbacks to individual plaintiffs in shareholder suits. . . . The October 2007 agreement to pay Weiss 15 percent of fees on matters being handled by the firm was sharply criticized in a Wall Street Journal editorial Monday as a sweetheart deal that would pay the convicted felon far more than the roughly $10 million he disgorged or was fined. 2nd Circuit Certifies Issue of Attorney Deceit 7-16-08 -- New York state's highest court has been asked to resolve uncertainty over a law that penalizes attorneys who deceive state courts. . . . The 2nd U.S. Circuit Court of Appeals, in an opinion by Judge Robert Sack, Tuesday certified two questions to the New York Court of Appeals in a case involving attorney Armand Rosenberg and his representation of a man who allegedly stripped his family's business of millions of dollars. . . . The subject is Judiciary Law §487, which in part forbids an attorney from engaging in deceit or collusion with the intent to deceive the court or any party. . . . In addition to being a misdemeanor, violation of §487 also calls for a civil remedy, in which an attorney can be ordered to forfeit to the injured party treble damages. . . . Rosenberg was taken to court for attempted and actual deceit of Manhattan Supreme Court and the Appellate Division, 1st Department. Disbarred attorney pleads guilty to grand larceny 7-15-08 -- A disbarred attorney who stole more than $400,000 from his clients - including money one woman intended to use for her daughter's heart surgery - pleaded guilty, Nassau prosecutors said yesterday. . . . Joseph Levine, 60, of Hewlett, pleaded guilty to second-degree grand larceny. In exchange for his plea, Nassau County Judge John Kase agreed to sentence him Aug. 29 to 3 to 9 years in prison. He must also pay a client protection fund $418,500. The fund will reimburse his victims. . . . "I think this case underscores the pitfalls of compulsive gambling," said Levine's attorney, Michael Soshnick of Mineola.
Doctor Testifies In Attorney's Severe Beating Case 7-15-08 -- Opening arguments started Tuesday for a man accused of being part of a group that beat a Shaker Heights attorney. . . . Joseph Wilson, 19, faces 14 counts, including attempted murder and aggravated robbery. He did not take a plea deal like another involved in the beating of Kevin McDermott. . . . An orthopedic surgeon was the first to testify in the case. He said that McDermott's bones in his knee were so severely shattered that it resembled injuries from a car crash. . . . McDermott was out for a walk when he was attacked.
Man attacks bailiff, flees but is captured by lawyer in Dallas 7-15-08 -- A Huntsville man attacked a bailiff in a Dallas County courts building Monday before being tackled as he tried to escape, authorities said. . . . Melvin Wayne Richardson, 35, was charged with escape causing bodily injury, said Kim Leach, a spokeswoman for the Dallas County Sheriff's Department. . . . Mr. Richardson was taken into custody Monday morning after failing to appear in court on drug and assault charges, Ms. Leach said. . . . Mr. Richardson was placed in a holding cell on the fifth floor of the Frank Crowley Courts Building. . . . He also was given a drug test, which showed marijuana in his system, Ms. Leach said. Attorney awaits judge's decision on sanctions 7-15-08 -- Lawyer Bill Voss has seen two of his colleagues dismissed from the possibility of professional sanctions, but the Houston attorney is still waiting to see if the same will be true for him. . . . On July 10, Judge Floyd, 172nd District Court, held a hearing to consider a Motion to Enforce Judgment and Sanctions against Voss for allegations he violated a court order in connection with litigation against a Beaumont company that deals in rare coins. . . . Attorneys for Universal Coin & Bullion and its president Mike Fuljenz filed the motion Nov. 1, 2007, alleging Voss and his colleagues Jason Gibson and Jake Posey defied a restraining order issued by Judge Floyd in March 2007. July 12 - July 14, 2008
Recent wave of legal malfeasance affects us all, even reform-minded Texas
7-12-08 -- Former Secretary of State Henry Kissinger once wryly observed that "10 percent of the politicians go around giving the other 90 percent a bad name." . . . These days, the same could be said for the growing ranks of disgraced personal injury trial lawyers who over just the last year have been fined, convicted and imprisoned for fraud, bribery, perjury and other corruptions of our system of civil justice. . . . Earlier this month, Richard "Dickie" Scruggs, of Mississippi, the so-called "Tort King," who made his name in asbestos and tobacco litigation, was sentenced to five years after pleading guilty to a criminal conspiracy charge that included a scheme to bribe a judge in a case over legal fees stemming from Hurricane Katrina. . . . Consider just a few high-profile examples:
• Last
September, Houston trial lawyer John O'Quinn was required to pay
$41.4 million when an independent arbitration panel ruled he
improperly charged expenses to his former breast implant litigation
clients.
Alabama Attorney General Caught in Gay Sex Scandal Removed from McCain Website
7-13-08 -- Alabama Attorney General Troy King found himself in the midst of a gay sex scandal last week after reports began to circulate that he was busted having sex with a male assistant by his wife, Paige King, in the couple’s own bed. Now to add fuel to the fire, King, the chairman of John McCain’s Alabama Leadership Team, has been removed from the presumptive Republican presidential nominee's website. . . . Last week, reports began hitting the news wires that Troy King, a conservative Christian Republican who has called homosexuality the "downfall of society," may be on the way to resigning his post as Alabama Attorney General over a gay sex scandal. . . . After being caught having sex with his male aide by his wife, Troy King was reportedly banished from his home in Montgomery by his infuriated spouse, according to PerezHilton.com. So far, King's office has denied the rumors of the affair and state the Alabama Attorney General has no plans to resign from his post.
Calif. Bar OKs Posting Discipline Charges Online
7-14-08 -- Discipline charges filed against California lawyers have been public record for more than two decades, but it took phone calls, letters or visits to State Bar headquarters in San Francisco or Los Angeles to get the details. . . . No longer. State Bar governors voted 18-4 Friday to post pending charges on the organization's Web site for the world to see and for search engines to archive for years -- despite critics' allegations that it violated the principle of innocent until proven guilty. . . . "Since our charges are public when they are filed, there is no logical reason we shouldn't make those charges more easily available to the public," State Bar Chief Trial Counsel Scott Drexel said Thursday during a committee meeting in which most of the debate was held. . . . "If you were hiring an attorney," he told the Board of Governors' Committee on Regulation, Admissions and Discipline Oversight, "would charges pending against an individual be information you'd like to have? The answer has to be yes." Lawyer pleads guilty to charge in kickback case
7-14-08 -- A lawyer pleaded guilty Monday to a tax charge stemming from a federal probe of class-action lawsuits filed against some of the country's biggest corporations. . . . Under an agreement with prosecutors, Paul T. Selzer entered his plea Monday to a charge that he tried to obstruct the Internal Revenue Service code. . . . Selzer was the final defendant in the long-running case that led to guilty pleas by three former partners at the law firm of Milberg Weiss. . . . Prosecutors said Selzer accepted nearly $50,000 from the law firm but failed to tell the IRS he transferred nearly $19,000 to Seymour Lazar, a plaintiff in class-action lawsuits brought by Milberg Weiss. . . . Selzer, 67, agreed to pay a $250,000 fine, according to prosecutors, and could face up to three years in prison at his Nov. 3 sentencing.
Bad attorney or ‘sour grapes’? Paralegal files complaint against Snowmass Village lawyer
7-14-08 -- The Colorado Supreme Court is investigating Snowmass Village attorney Cindy Tester for misconduct after a former employee filed a complaint against the lawyer, who insists it’s a case of “sour grapes.” . . . In a handwritten memo to the court’s Attorney Regulation Counsel, former paralegal Jennifer Davis said that Tester regularly missed court deadlines, overcharged clients and has used company funds for personal matters. . . . “I feel like she needs to be stopped; she’s hurting people,” Davis said, adding that she will also file a misconduct lawsuit. . . . Tester said Davis has no credibility and her complaint is bogus. . . . “Every single one of those things was baloney,” Tester said of the allegations. “There is not one shred of truth, except for a very mad, vindictive woman.”
7-13-08 -- Congress is prohibited from making laws that prohibit free speech. . . . But that doesn't mean Illinois lawyers cannot enact their own rules that do, if only to prevent others from talking about them. . . . The state's legal establishment has erected roadblocks for Web-based lawyer-rater Avvo.com, which aspires to be an objective resource for those who seek legal counsel. The company is currently wrestling with Springfield bureaucrats over the state's "master roster" of attorneys licensed to practice law within our borders. . . . Undeniably, this is public information. Lawyers require state approval to practice law in taxpayer-funded state courts. And the list is maintained by a taxpayer-funded state agency, staffed by state employees. . . . Also undeniable is the community benefit of making this information widely available. How else to police lawyer-impersonators, or learn whether those we're considering hiring have been disciplined for bad behavior? . . . One would think this is sufficient justification to compel the keepers of such information to make it readily accessible, on-demand, to Avvo. . . . But the state Attorney Registration and Disciplinary Commission (ARDC) is resisting, suggesting it will dispense the list to whom it wishes, when it wishes.
Baxter man who admitted extorting former county attorney receives sentence
7-14-08 -- A Baxter Springs man who admitted extorting the former Cherokee County prosecuting attorney receives his sentence. . . . Timothy J. Schooley, 30, Baxter Springs, plead guilty in April to one count of extortion. He admitted to demanding a share of money former Cherokee County Attorney Michael Goodrich received from an employee of Sensations Gentlemen's Club in Galena. . . . Schooley admitted to obtaining the money by threatening to inform authorities that Goodrich was receiving favorable treatment and money from the club in return for providing favorable treatment for employees by dismissing case costs and traffic tickets.
Maine lawyer disbarred for life
7-14-08 -- A longtime partner at a prestigious Portland law firm has been permanently disbarred after pleading guilty to stealing nearly $300,000 from clients and the firm. . . . The state board that oversees the profession says John Duncan is the first lawyer in Maine history to get a lifetime ban from practicing law. He pleaded guilty last month as part of an agreement in which the state recommended that he serve 2 1/2 years in prison.
Branigan Revives Women Lawyers Group
A
new focus makes this organization a winner 7-14-08 -- When Kirsten Scheurer Branigan took the helm at the New Jersey Women Lawyers Association in June 2006, the once-active statewide organization was on its last legs. Membership had long been dwindling and was essentially nonexistent, the group had not met for more than a year and people doubted whether Branigan could save the 20-year-old association. . . . But the then-36-year-old attorney guided the group through a jump in membership to more than 400 women. On July 1, when Branigan handed the gavel to Desha L. Jackson, an associate at Wilentz, Goldman and Spitzer PA in Woodbridge, the association was no longer on life support. . . . Branigan, who is now a partner at McDonald Law Group LLC in Florham Park, also recast the association’s focus to reflect the concerns of a new generation of women lawyers.
7-14-08 -- The Justice Department recently took a bow in its legal victory over the law firm of Milberg Weiss. But now it seems Justice may itself have been conned by the notorious firm and its felonious former lead partner, Melvyn Weiss. . . . It was only last month that Milberg agreed to pay $75 million as part of a nonprosecution agreement over Justice's charges that it had run a 30-year kickback scheme. Not 30 days, or months. Thirty years. The firm got off easy, not least because it finally cut ties with the partners (including Weiss) it blamed for the scheme. Yet according to papers filed in New York State court, even as Milberg was pinning the blame on these criminals and telling Justice it had thrown them overboard, the law firm's remaining partners were agreeing to pay millions to Weiss going forward. Apparently crime does pay. Hewlett attorney admits bilking clients
7-14-08 -- A disbarred attorney who stole more than $400,000 from his clients -- including money one woman intended to use for her daughter's heart surgery -- has pleaded guilty to his crimes, the Nassau district attorney's office said yesterday. . . . Joseph Levine, 60, of Hewlett, pleaded guilty to second-degree grand larceny, the top charge against him. In exchange for his guilty plea, Nassau County Court Judge John Kase agreed to sentence him Aug. 29 to 3 to 9 years in prison. He must also pay a client protection fund $418,500. The fund will, in turn, reimburse his victims. . . . Levine's attorney, Michael Soshnick of MIneola, could not be reached immediately for comment. NY Lawyer Wins Bid to Sue Client Over Fees After "Binding" Arbitration Award
7-14-08 -- An attorney who included a provision in a retainer agreement providing that any future fee disputes with his client would be subject to "binding" arbitration, may nonetheless pursue litigation to reverse an arbitration award that cut his claim for fees by $25,000, a Manhattan judge has ruled. . . . Supreme Court Justice Carol Robinson Edmead ruled attorney Richard L. Gold was not bound by the award because the retainer agreement did not contain a prescribed waiver of both his and his client's right to litigate anew the issues resolved in the arbitration. . . . Granting clients a right to take fee disputes in the range of $1,000 to $50,000 to mandatory arbitration was one of a series of reforms initially recommended in 1995 by a commission appointed by Chief Judge Judith S. Kaye to restore "public confidence in the entire legal system" that had become "seriously eroded."
Firm Wins the Right to Intervene in Suit Over
7-14-08 -- In the court battle over the $80 million estate of legendary trial lawyer James E. Beasley Sr., a Montgomery County Orphans' Court judge on Friday issued a ruling that dealt a significant setback to the lawyers representing The Beasley Firm, concluding that they had no standing to intervene in the case. . . . And then the judge changed his mind. . . . In the final five minutes of a 90-minute hearing, Judge Calvin S. Drayer declared that key phrases in the demand section of a petition filed by Beasley's two eldest daughters show that they are asking the court to order The Beasley Firm to submit to an accounting of the value of Beasley Sr.'s pending cases at the time of his death, and turn over additional funds to the estate if an independent appraiser determines it should. . . . As a result, Drayer decided that The Beasley Firm has the right to intervene in the Orphans' Court case. Legislators break word on DA wages "The Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to sixty-five per cent of the district attorney's salary." — Act 57 of 2005
7-14-08 -- Why are our state lawmakers choosing to break their word, if not the law? . . . It's a question that should be asked given the news that legislative leaders and the governor have chosen not to include money in the new $28.2 billion state budget to reimburse counties 65 percent of the cost of the salaries of full-time district attorneys. . . . What part of "shall annually reimburse" is ambiguous? . . . Three years ago, state legislators and Gov. Ed Rendell made a push to ensure nearly all counties would have full-time district attorneys by Jan. 2, 2012. Only the six smallest counties potentially could have a part-time district attorney after 2012.
BigLaw Partner Targeted by White Supremacists
Editor's Note: The following report is one of several published in the July 2008 issue of The American Lawyer that look at some of the most intriguing and unusual pro bono cases handled by The Am Law 200. 7-14-08 -- When Troutman Sanders took on a seemingly straightforward fair housing pro bono matter early last year, it never imagined that the lead partner on the case would become the target of a network of white supremacists. . . . In April, Richmond-based partner Kevin Mottley won a settlement for five African American women whose Virginia Beach landlord allegedly discriminated against them based on race. The women contended that their landlord, James Crockett Henry, imposed curfews on black residents, described his apartment building as a "ghetto tribe plantation," and referred to the women's children as monkeys. . . . In the midst of preparing the women's case for trial in federal district court in Norfolk in May 2007, Mottley learned that white supremacist William White had written to each of his clients, calling them "whiny Section 8 niggers" and warning them that the "white community" had taken notice. In February, Mottley decided to subpoena White and his neo-Nazi organization to investigate any possible ties between White and the landlord (none have been discovered). White fought the subpoenas in court, and he went a step further. July 10 - July 11, 2008
DOJ to Overhaul the McNulty Memo
7-11-08 -- As promised, Deputy Attorney General Mark Filip on Wednesday sent a letter to the Senate Judiciary Committee, outlining changes the Justice Department intends to make to the McNulty memo. . . . The biggest: Cooperation will no longer be measured on whether a corporation under criminal investigation chooses to waive attorney-client privilege, and federal prosecutors may not demand privileged attorney-client communications or attorney work product, the letter says. . . . "The government's key measure of cooperation will be the same for a corporation as for an individual: to what extent has the corporation timely disclosed the relevant facts about the misconduct?" the letter says. . . . Attorney General Michael Mukasey foreshadowed the changes in a congressional oversight hearing Wednesday morning. "There's no such as thing as a memo that achieves perfection ... There are adjustments in the McNulty memo that can and will be made," Mukasey said. . . . The Justice Department has faced increasing pressure from Congress, which is considering legislation that would achieve many of the same changes. Filip, in the letter, asks the committee's chairman, Sen. Patrick Leahy, D-Vt., and ranking member, Sen. Arlen Specter, R-Pa., to delay legislation while the Justice Department implements the changes and studies their effect. Corporate Push for Law Firm Diversity Enters a New Phase In the continuing tug of war over diversity, companies like Wal-Mart say law firms must meet benchmarks or risk being dropped
7-11-08 -- Wal-Mart, a leading corporate advocate of diversity in the legal profession, is deploying new software to keep a watchful eye on its law firms and make sure the attorneys working on its matters are diverse. . . . The world's largest retailer has developed new software to monitor the diversity of its outside counsel starting this fall, said Miguel Rivera, Wal-Mart's associate general counsel for outside counsel management. . . . Wal-Mart -- which includes Miami-based Greenberg Traurig in its stable of legal counsel -- will drop law firms that don't meet diversity benchmarks, he said. . . . Rivera spoke at The Florida Bar's diversity symposium last month on a panel of four in-house attorneys who discussed their commitment to diversity and the pressure they apply to outside law firms to become more diverse. . . . The software program "will allow us to measure the diversity of attorneys at your firm based on the hours billed, so the system can't be gamed," Rivera said. He could not be reached for further comment about the software. Company spokesman Lorenzo Lopez declined further comment. AG Mukasey Hints at Revision of McNulty Memo, Spars With Senators at Hearing
Wednesday morning's oversight hearing of the Justice Department by the Senate Judiciary Committee got off to a contentious start between Attorney General Michael Mukasey and the committee's top senators. . . . And then Mukasey dropped the bombshell: The so-called McNulty memorandum may be revised and is likely to be replaced by a new set of guidelines for the handling of attorney-client privilege in corporate fraud investigations. . . . Responding to Sen. Arlen Specter, R-Pa., the ranking minority member, Mukasey revealed that Deputy Attorney General Mark Filip is drafting a letter to Specter addressing "real significant proposed changes" that could replace the policy named after former Deputy Attorney General Paul McNulty. . . . "There's no such as thing as a memo that achieves perfection. ... There are adjustments in the McNulty memo that can and will be made," Mukasey said. "In particular, we will no longer measure cooperation by waiver of the attorney-client privilege." Saying They Were Tricked, Borrowers Fight Back With Lawsuits
7-10-08 -- Denise Bennett, like many Americans during the boom times of the housing market, decided to refinance her home. . . . She wanted to go from an adjustable rate mortgage to a 30-year fixed loan to pull some equity out of the West Park, Fla., home she inherited from her parents so she could pay off credit card debt. . . . A few months ago, she was advising a friend how to refinance without getting ripped off. That's when the fine print caught her eye: She wasn't in a 7.6 percent fixed-rate mortgage at all. Instead, her monthly mortgage was scheduled to adjust in November from $1,400 to $1,700. . . . "I was trying to show her the pros and cons, and I ended up being a conned," Bennett said. "I really felt the fool then." . . . Confined to a wheelchair, she already is struggling to make her monthly payments. So instead of waiting for the sword of Damocles to fall in the form of foreclosure, Bennett is fighting back.
Christensen Case a 'Wake-Up' Call for Lawyers on Use of Private Eyes Law firm managing partner's fate aside, his case has prompted other attorneys to review their use of PIs
7-11-08 -- Regardless of what happens in the criminal case against Terry Christensen, the Los Angeles lawyer accused of paying celebrity sleuth Anthony Pellicano to illegally wiretap some of his opponents, many lawyers are thinking twice about the way they work with private investigators. . . . Christensen, managing partner at Christensen, Glaser, Fink, Jacobs, Weil & Shapiro, and Pellicano, who was recently convicted on dozens of related claims, are scheduled to go to trial on July 16 on wiretapping and conspiracy to commit wiretapping charges. . . . Prosecutors, armed with dozens of recordings of conversations between Pellicano and Christensen, intend to prove that Christensen paid more than $100,000 to Pellicano to illegally wiretap Lisa Bonder Kerkorian, the ex-wife of Christensen's client, billionaire investor Kirk Kerkorian, in a child support case. If convicted, Christensen could face up to 10 years in prison. U.S. v. Pellicano, No. 2:2005-cr-01046 (C.D. Calif.). Mistrial Declared in Fresno Attorney Trial (KFSN) 7-11-08 -- A mistrial has been declared in the trial against a once popular local attorney. . . . Jurors couldn't agree if Greg Morris was sane at the time he stole from some of his clients. The same jury previously convicted Morris of stealing money from those people. . . . Morris pleaded not guilty by reason of insanity. At one time, Morris made millions defending clients in many states. . . . The District Attorney will now have to decide whether or not to retry the case. Day Casebeer Weathers Storm Over Qualcomm Discovery
7-11-08 -- The Qualcomm discovery fiasco dealt a blow to the lawyers involved at Day Casebeer Madrid & Batchelder. As the question of sanctions lingers in the courts, another big one remains: How badly will it hurt the highly respected patent litigation boutique? . . . Five Day Casebeer lawyers -- as well as one from Heller Ehrman -- were sanctioned in January after client Qualcomm failed to turn over crucial documents in a patent fight with Broadcom. Although the order has been vacated until the lawyers get to tell their side of the story, the final outcome is still uncertain. . . . The firm celebrated its anniversary over the July 4 weekend, marking 10 years since five Cooley Godward lawyers struck out on their own. Craig Casebeer, having hit 60, fulfilled longstanding plans to retire in December, and Lloyd "Rusty" Day has been left to groom the next generation of leadership while holding the firm together through the Qualcomm debacle. . . . "It's had a sobering effect on our firm in the sense that we have confronted, what is obvious to everyone, a very difficult situation," Day said quietly earlier this week. "I am proud to say that we've confronted it very responsibly." Murdered Lawyer's Colleagues Create Fund for Her Kin
7-10-08 -- The family and colleagues of a San Jose attorney who was shot and killed outside her office July 1 have set up a fund to help support her 2-year-old son, husband and parents. . . . Police believe Cher Xia Zhao was killed by Jason Cai, against whom she had been litigating a wrongful death suit. Zhao represented the family of Ying Deng, Cai's wife, who he was accused of killing in 2003. A jury acquitted him of Deng's murder but deadlocked on a voluntary manslaughter charge in 2006, and prosecutors declined to pursue a new trial. Cai now faces murder charges in connection with Zhao's death.
Former attorney charged with theft
7-11-08 -- A disbarred Georgia attorney is facing dozens of theft-related charges in Alpharetta. . . . George Gordon, a police spokesman, said officers arrested Phillip Strickland on Tuesday and charged him with stealing 25 laptops, 50 iPods, 50 GPS devices, passports, credit cards and jewelry. . . . Gordon said most of the electronic items had been stolen from vehicles in a three-county area. Police estimated the goods to worth about $50,000. . . . Strickland, who was disbarred in 2006, also was charged with possessing illegal narcotics. He posted bond and was released.
Quincy lawyer suspended for nine months; misconduct cited He charged an excessive fee and misused funds, bar overseers report
7-11-08 -- The Board of Bar Overseers has suspended Quincy attorney Dennis M. Ryan from practicing law for nine months, citing misconduct. . . . Ryan, the son of former Quincy District Court Clerk Dennis F. Ryan, charged an excessive fee for tardy legal work and commingled and negligently misused funds belonging to another client, according to a board memorandum. . . . The board said Ryan “demonstrated a lack of candor” during a disciplinary hearing and gave “deliberately false testimony.” . . . He was admonished for misconduct in 1998, according to the board. . . . Ryan will be required to pass the Multistate Professional Responsibility Examination before returning to practice.
Law Firm Loses Bid to Collect 'Premium Fee'
7-11-08 -- A New York appeals court has shot down a law firm's bid to collect a "premium fee" on a divorce representation. . . . Sheresky Aronson & Mayefsky's 2002 retainer agreement with Holly Whitmore had stated that the firm reserved "the right to discuss with you at the conclusion of your matter your payment of a reasonable additional fee to us, in excess of the actual time and disbursements, for exceptional results achieved, time expended, responsiveness accorded, or complexity involved in your case." . . . After Whitmore was divorced from her husband in 2005, she orally agreed to pay the firm a $150,000 bonus on top of its hourly bills. But after she reviewed the hourly bills, which totaled around $350,000, she informed the firm she felt $50,000 would be a sufficient premium fee. . . . The firm sued for breach of contract, but the Appellate Division, 1st Department ruled the oral agreement was unenforceable and the language of the retainer agreement was not specific enough to bind Ms. Whitmore. Jobs, lawyer cleared of criminal charges
7-11-08 -- Steve Jobs is off the hook for options backdating charges, according to the Wall Street Journal. Not that he was ever really on the hook. More interesting is that former Apple lawyer Nancy Heinen has also been cleared on criminal charges although she still faces civil litigation with the SEC. . . . “We were always confident that after a full and fair review of the facts, there could be no other outcome,” said Cris Arguedas, a lawyer for Apple’s former general counsel, Nancy Heinen. . . . The investigation on Heinen centered on whether she had ordered a subordinate, Wendy Howell, to fabricate minutes of nonexistent board meetings and otherwise falsify options information. Apple, Jobs, other board members and executives still face private litigation.
7-10-08 -- Barry Mentser was arrested last fall in front of a battery of reporters and cameras at the Statehouse. . . . Now, more quietly, he's about to lose his livelihood. . . . Mentser, a 49-year-old lawyer from New Albany, was taken into custody Oct. 31 when he visited the Statehouse with the apparent intention of meeting a 14-year-old girl with whom he'd communicated online for about a year. . . . The “girl” turned out to be Lt. Jeff Braley of the Warren County Cybercrimes Task Force, who had come to Columbus to testify on a bill toughening sanctions against Internet predators. . . . Today, the Ohio Supreme Court suspended Mentser from the practice of law indefinitely because of his fifth-degree felony conviction for importuning.
Avvo Web site rates Wisconsin attorneys
7-10-08 -- Living in the “information era” it’s important for attorneys to recognize that — like it or not — people are talking and writing about them on the Internet. As a result, attorneys need to be more vigilant about what people are posting on listserves, blogs and other Web sites. . . . Last month, a Web site began posting ratings and profiles of Wisconsin attorneys in what the company’s leader describes as an attempt to help consumers find the information they need to effectively hire an attorney. . . . In a recent interview, Mark Britton, CEO of Avvo Inc., said the Web site also gives lawyers an opportunity to see what is said about them and it gives them an opportunity to respond. The lawyer-rating Web site launched in June 2007 with information about lawyers from nine states and Washington, D.C. . . . The Web site’s scope has expanded during the past year and Wisconsin lawyers joined the mix in June of this year. As of last week, Britton said, Avvo has information about attorneys in 18 states, covering 80 percent of the lawyers in the United States. . . . The company ranks lawyers on a 1 to 10-point system with 10 being the highest rating. |
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