October 13, 2012 -- October 16, 2012

GENERAL

Lawyers at top firms give big to Obama

Andrew Ramonas, The National Law Journal    10-16

10-16-12 -- A look at campaign donations by individual attorneys at the biggest NLJ 250 firms shows a 2-1 preference for the president over Republican Mitt Romney. . . . President Barack Obama may not have the election locked up, but he's secured a firm grasp on the checkbooks of lawyers at the nation's biggest law firms. . . . Of the $4.05 million Obama and Republican presidential nominee Mitt Romney raised from supporters at the top 25 firms based on the 2012 NLJ 250 survey, almost two-thirds went to the president, who received $2.63 million.

Legal Representation Pays Off for Landowners Along US-Mexico Border Fence

By Martha Neil, ABA Journal

10-15-12 -- Some 400 owners of residential and commercial property in Texas and some other states, are affected by an ongoing plan to build a 670-mile fence along the Mexican border. . . . Initial offers for their land were just a starting point, according to U.S. government officials. But for those who lack the sophistication or funding for legal representation, they can also be more or less a final offer, according to the Associated Press. . . . Meanwhile, those represented by lawyers have gotten far more from the eminent domain process. While factors other than simply the amount of land involved can play a role in determining value, and the size of the parcels at issue varies considerably, offers to some individuals have been less than $2,000.

Two law firms strongly object to Finnegan subpoenas in ITC patent case

By Jenna Greene, The National Law Journal 

10-15-12 -- Lawyers from Finnegan, Henderson, Farabow, Garrett & Dunner aren't making any friends at other law firms in an ongoing patent fight over smart phones and tablets at the International Trade Commission. . . . Firm lawyers want Morgan, Lewis & Bockius; Reed Smith; and Cooley—which are not involved in the case—to turn over reams of documents that Finnegan client Research in Motion thinks might be useful. . . . It's not unusual in ITC cases to ask for information from third parties, but going after law firms is far less common, and the firms are fighting back. . . . To Morgan Lewis partner Michael Lyons, the subpoena is an "overbroad fishing expedition designed to intentionally burden or otherwise harass the firm," he wrote in court papers. Reed Smith partner Mark Wasserman sounded equally indignant, writing that it would take several months and tens of thousands of dollars to comply, and most of the documents would be privileged anyway.

Some Law Firms Are Quoting ‘Suicidal Prices,’ with Possibility of More Dissolutions, Consultant Says

By Debra Cassens Weissm, ABA Journal

10-15-12 -- More law firms are quoting “suicidal prices” for legal work just to get the business, a law firm consultant says. . . . Bruce MacEwen, who writes at Adam Smith, Esq., tells Bloomberg Law that an increasing number of firms are offering cut-rate fees to keep their lawyers occupied. The legal industry has excess capacity, Smith says, and it is facing enormous pricing pressure just to cover fixed costs.

USADA Lawyers Speak Out About Armstrong Probe, Pro Cycling's "Omertà"

By Brian Baxter, The Am Law Daily  

10-12-12 -- Lance Armstrong's reputation—not to mention the reputation of the sport he dominated for the better part of the last decade—took a big hit this week when the U.S. Anti-Doping Agency (USADA) unveiled its 202-page reasoned decision effectively labeling professional cycling's preeminent figure a fraud. . . . Armstrong's long quest to silence claims that he used performance-enhancing drugs—allegations that have dogged him since he won the first of seven Tour de France titles in 1999, just three years after being diagnosed with cancer—suffered a potentially crippling blow with USADA's publication on its website of reams of background materials backing the organization's findings. Among the most damning documents posted are affidavits from 11 former Armstrong teammates accusing him of overseeing a doping program designed to deceive regulators.

CALIFORNIA  

NorCal Prosecutor Fights to Keep His License

By Chris Marshall, Courthouse News Service  

10-15-12 -- A Northern California district attorney claims in court that the state Bar and local officials are trying to disbar him because he is a recovered methamphetamine addict. . . . Del Norte County District Attorney Jon Michael Alexander claims the defendants are pursuing disbarment against him because they discriminate against former drug addicts. . . . Alexander sued the State Bar of California, its Office of the Chief Trial Counsel (OCTC), OCTC Deputy Trial Counsel Cydney Tabor Batchelor, Del Norte County's former District Attorney Michael Donald Riese, its former assistant district attorney Karen Diane Olson, and its former deputy district attorney Mordechai David Pelta, in San Francisco Superior Court. . . . Alexander claims he has been clean and sober since kicking methamphetamine 9 years ago. . . . He was elected district attorney and took office in January 2011. In May this year the California State Bar charged him with four counts of violating Rules of Professional Conduct and three counts of moral turpitude and/or corruption. Alexander says he believes the Bar is trying to have him disbarred.

DA With Checkered Past Accused of Corruption by Bar Prosecutors

By Cheryl Miller, The Recorder  

10-12-12 -- Jon Alexander is scheduled to go on trial in a State Bar court this coming week to determine if he should be punished for professional misconduct or pitied for an incredible string of misfortune and maligning. . . . State Bar prosecutors have charged Alexander, the district attorney of tiny Del Norte County on California's north coast, with seven counts of wrongdoing ranging from corruption to incompetence. They paint a picture of a reckless lawyer with a history of playing fast and loose with ethical canons. . . . Alexander and his lawyers, however, describe a big-hearted man under attack from small-town enemies and prosecutors run amok. . . . "I have a client who I think is being railroaded for no reason," said Alexander's attorney, Nossaman partner Kurt Melchior. "I think he's absolutely innocent of anything that would warrant any kind of discipline upon his license."

Fowl play: Police arrest Cal law students in killing of exotic bird at Flamingo habitat

By Conor Shine, Las Vegas Sun     

10-12-12 -- Two University of California, Berkeley students were arrested Friday morning after allegedly killing an exotic bird at the Flamingo hotel’s Wildlife Habitat, Metro Police said. . . . Eric Cuellar, 24, and Justin Teixeira, 24, were arrested and booked into the Clark County Detention Center on felony charges of conspiracy and the willful, malicious torture or killing of wildlife. Both were carrying University of California, Berkeley identification cards and identified themselves to police as law students at the school.

CONNECTICUT  

Attorney facing disorderly conduct charge

The Darien News      

10-16-12 -- Kathleen M. Bothfeld, 47, of 57 Hale Lane was arrested on a charge of disorderly conduct after her neighbor told police Bothfeld threatened to remove her religious sign from her front door. . . . According to the affidavit filed in Stamford Superior Court, Bothfeld and the complainant have had numerous verbal disputes, including two previous incidents in which police were called. . . . The complainant said she pulled into her driveway on Aug. 10 and saw Bothfeld walking her dog. According to the affidavit, Bothfeld yelled to the complainant, "That's your shalom sign outside? I'm going to make sure your shalom sign is coming down, [expletive], your shalom sign is coming down, [expletive]."

DELAWARE  

High court suspends lawyer after thefts reported

Written by James Fisher, The News Journal 

10-15-12 -- An attorney who leads Laurel's school board has been temporarily barred from practicing law after he acknowledged keeping fees paid by clients hidden from other partners in his law firm, the state's highest court says. . . . Patrick E. Vanderslice, 44, of Laurel, was suspended from the bar for a year by the Delaware Supreme Court, a more severe level of discipline than the public reprimand and probation the state’s Board on Professional Responsibility had advised was the proper punishment. The decision came after Vanderslice admitted to his partners at the Georgetown firm Moore & Rutt, P.A., he had stolen $1,780 in client fees from December 2010 to September 2011.

DISTRICT OF COLUMBIA  

Justice Department Seeks to Dismiss Lawsuit Over Operation Fast and Furious

By John H. Cushman Jr., New York Times (blog)

10-16-12 -- The Justice Department has asked a federal court to dismiss a lawsuit by the House oversight committee seeking to compel the Obama administration to release more internal records involving the botched gun-trafficking case known as Operation Fast and Furious. . . . The judiciary should play no role in a dispute like this one between the executive and legislative branches, the department said — one in which the White House has asserted executive privilege over its internal deliberations, and the House of Representatives has voted to hold Attorney General Eric H. Holder Jr. in contempt for refusing to comply with the committee’s demands.

FLORIDA  

Do Lawyers Have a 1st Amendment Right to Be Cross with Judges?

By Joe Palazzolo, Wall Street Journal (blog) 

10-16-12 -- A federal appeals court upheld sanctions against a veteran Florida bankruptcy lawyer who called a judge’s findings “half-baked,” and then sent a bottle of wine to his chambers with a handwritten note. . . . The case raised an interesting question, at least in theory: What First Amendment rights do lawyers have to get sharp with judges? . . . Lawyer Kevin Gleason disagreed with a ruling by Bankruptcy Judge John Olson, and he let the judge know it. . . . “It is sad when a man of your intellectual ability cannot get it right when your own record does not support your half-baked findings,” Mr. Gleason, whose practice is based in Hollywood, Fla., wrote in a brief filed in April 2011. . . . The dispute concerned commissions Mr. Gleason’s client received from a real estate deal. Judge Olson ruled that the commissions had to be turned over to the administrator of the client’s Chapter 11 bankruptcy plan. Mr. Gleason believed they were exempt.

George Zimmerman's attorneys say Angela Corey's office isn't playing fair

George Zimmerman's attorneys say Angela Corey's office isn't playing fair

Mike Schneider, The Associated Press  | Florida Times-Union      

10-16-12 -- Attorneys for former neighborhood watch volunteer George Zimmerman said in a motion Monday that prosecutors are dragging their feet on turning over evidence. . . . Zimmerman’s attorneys said State Attorney Angela Corey’s office isn’t turning over information in a timely manner and is providing some material in a format that’s useless for defense experts to examine. They’re asking for monthly hearings to manage the turnover of evidence from prosecutors to defense lawyers. . . . “The state’s approach to discovery has been to require the defense to figure out what the state has failed to provide and then ask for it rather than fulfilling the state’s legal obligation to provide complete and timely discovery,” attorney Donald West said in the motion.

Law firm hired to vet Digital Domain did not tell WPB it was suing company leader

By Alexandra Clough, Palm Beach Post Staff Writer    

10-16-12 -- A former Greenberg Traurig lawyer, hired by West Palm Beach in 2010 to help the city decide whether to build a digital animation college downtown, issued a glowing nine-page report about the company being considered, Digital Domain, and its leader, John Textor. . . . But the lawyer, New York-based Steven C. Beer, did not disclose that Greenberg Traurig lawyers in Boca Raton had been suing Textor for years on behalf of an unhappy Textor investor. . . . Beer, an entertainment lawyer, wrote an analysis for the city that described Textor as imaginative, concept-driven and experienced within the worlds of corporate finance and banking. . . . The city paid Greenberg Traurig $15,000 for Beer’s work. . . . But Beer did not tell the city that pleadings signed by Greenberg Traurig’s Boca Raton lawyers, led by Marc Sinensky, were using other words to describe Textor, in lawsuits filed in 2004, 2007 and 2010.

ILLINOIS  

Meet The Porn Industry's Favorite Lawyer Who's Currently Suing 20,000 People

Abby Rogers, Business Insider  

10-16-12 -- Who knew being an copyright troll was a good thing.

The title is a badge of honor for the porn industry's most prominent lawyer who's currently attacking about 20,000 people accused of illegal downloading XXX films. . . . “I’m considered the original copyright troll,” attorney John Steele told Forbes almost proudly in a profile published Monday. “At least my wife loves me. When I read about myself on the Internet, I think, ‘Who is this jerk?’” . . . Steele monitors file-sharing sites to find Internet users who are downloading the racy films. He's often content to get somewhat small settlements from the alleged illegal downloaders who prefer to pay up rather than have their names splashed across public court documents, according to Forbes.

IOWA  

Man Accused of Threatening to Kill Attorneys Behind Bars Again

By Vanessa Miller, KCRG Reporter

10-16-12 -- An Illinois man recently out of prison for making death threats against Iowa City attorneys is back behind bars on allegations he contacted a “protected” victim. . . . Daniel S. Jason, 28, faces charges of felony stalking, his third or subsequent offense, and violation of a protective order after police said he continued a course of conduct that has “induced fear of bodily injury or death to the victim.” . . . Jason was arrested this week on a warrant after police said he began contacting the protected victim on June 8 through various forms of communication. The illegal contacts have been through email, Facebook and phone messages, according to a criminal complaint. . . . Police accuse Jason of leaving two messages for the victim on her employer’s voicemail system. . . . In one instance, Jason is accused of sending an email using a fake name in which he talked about recently being released from prison, according to a criminal complaint.

KANSAS  

Lawyer Faces Federal Case, Accused of Handling Client Trust Money in Ponzi-Scheme-Like Manner

By Martha Neil, ABA Journal

10-15-12 -- A Kansas lawyer has been charged in federal court in Topeka with stealing more than $463,000 from his client trust account, which he is accused of handling in a manner equivalent to a Ponzi scheme. . . . Robert M. Telthorst, 52, faces charges of money laundering and wire fraud after prosecutors say he used the money either for his own benefit or to cover up other thefts from clients, the Topeka Capital-Journal reports.

KENTUCKY  

Lawyer Blasted by Ky. Judge Who Called Case ‘Ridiculous,’ Client a ‘Carcass’ Now Seeks His Removal

By Martha Neil, ABA Journal

10-16-12 -- A lawyer who was blasted by a senior Kentucky judge during a videotaped hearing that has generated much comment from observers has now filed a removal motion seeking a new jurist to oversee his client's motion for a new trial in a capital murder case. . . . “It is my opinion that throughout the proceeding, Judge [Martin] McDonald expressed his personal disgust and disdain for me and made clear he harbors a bias towards me and my client,” said attorney David Barron in a motion and affidavit he filed Monday. The filing asks state Supreme Court Chief Justice John D. Minton Jr. to take McDonald off the Jefferson Circuit Court case, the Courier-Journal reports. Barron is seeking a new trial for death-row inmate Roger Dale Epperson, contending that his trial counsel was ineffective.

MINNESOTA   

Debt Collection Law Firm Responds to Horrific Allegations in Lawsuit

Patrick Lunsford, InsideARM       

10-16-12 -- A debt collection law firm and agency in Minnesota has posted a response to allegations that one of its representatives used extremely harsh language and tactics with a disabled veteran. The allegations were made public when a story about the consumer’s lawsuit went viral. . . . Details of the lawsuit surfaced Friday when the web site Courthouse News Service posted an article about a U.S. veteran’s Fair Debt Collection Practices Act (FDCPA) lawsuit titled “The Worst Debt Collector in the World?” The article spread very quickly on the Internet over the weekend. . . . The lawsuit was filed by Michael Collier, an Army veteran that had been declared “100 percent disabled” due to head and spine injuries, and his wife. In it, they claim that law firm and debt collector Gurstel Chargo failed to obey a court order to unfreeze exempt funds in the Colliers’ bank account. The law firm had initially won a garnishment order from Collier over his wife’s unpaid student loans, prompting his credit union to freeze a savings account. But a judge later determined that the funds were exempt from garnishment and ordered the credit union to unfreeze the account and for Gurstel to release the money.

NEW JERSEY  

Judge orders N.J. man who allegedly duped inmates into buying legal services to pay $2.2M

By Christopher Baxter/Statehouse Bureau, The Star-Ledger - NJ.com   

10-16-12 -- A judge has ordered a West Orange man and his non-profit legal assistance organization to pay $2.2 million for misleading prison inmates into paying for legal services and then pocketing much of the money without doing work, state authorities said today. . . . The order, entered Oct. 9 in Superior Court in Essex County, also bars Bruce Buccolo and the organization, The Project Freedom Fund, from offering legal services in New Jersey, the state Attorney General's Office said in a news release. . . . The order was entered after Buccolo and the organization failed to respond to the state's original complaint filed last year alleging they charged inmates and their families a $350 consulting fee for legal services but rarely gave them anything of value in return, the office said.

NEW YORK  

Attorney Is Suspended Over Theft Allegations

By Brendan Pierson, New York Law Journal  

10-16-12 -- Robert Alan Schachter, a former partner at Robinson Brog Leinwand Greene Genovese & Gluck, has been suspended pending an investigation into allegations that he stole from the firm. Schachter consented to the Oct. 14 suspension by a unanimous panel of the Appellate Division, First Department, on a motion by the Departmental Disciplinary Committee. . . . The committee began investigating Schachter after receiving a letter from Ronald Goodman, Robinson Brog's managing partner, saying that Schachter had misappropriated at least $96,000 in firm funds for his own use and had admitted to having acted inappropriately when confronted.

Firm's Dissolution Leaves Subtenants Facing Eviction, Lost Services

By Christine Simmons, New York Law Journal 

10-15-12 -- Gersten Savage, once a 20-attorney litigation and transactional firm, presented an "aura of success" with its display of contemporary art adorning the walls of its Midtown offices; pricey Knoll and Bertoia chairs and personalized Gersten Savage cups and napkins; and its hiring of office managers and on-site IT staff, said lawyers who sublet space from the firm. . . . But only four months after settling in at 600 Lexington Ave., sublessee Grant + Appelbaum, a four-attorney matrimonial firm, was told by 35-year-old Gersten Savage that it was defaulting on its lease, its partners were departing and the subtenants would have to leave or be evicted, according to a lawsuit against Gersten Savage. . . . "It is difficult to convey to the Court my astonishment at these declarations. Not only was I being told that our firm would be forced to relocate a scant four months after we had moved in, with all the attendant disruption and expense, but none of this was set forth with any sense of apology or contrition," Patricia Grant says in the suit.

Cops: Greenport man charged with forgery & grand larceny

By Tim Kelly, The Suffolk Times 

10-12-12 -- A Greenport man who worked as a paralegal for a Southampton law firm faces felony grand larceny and forgery charges for allegedly embezzling more than $250,000 over a three-year period, according to the Southampton Village Police Department. . . . Police arrested Joseph W. Abramski, 63, on Oct. 10 on charges of second-degree grand larceny and second-degree forgery.

NORTH DAKOTA  

Grand Forks attorney reprimanded for misconduct

Associated Press | Jamestown Sun  

10-16-12 -- North Dakota's Supreme Court has reprimanded a Grand Forks attorney for representing a defendant accused of aggravated assault and terrorizing — and the person who was allegedly attacked. . . . The high court says Blake Hankey had a conflict of interest, because he represented someone accused of crimes and the person's alleged victim.

OREGON  

Lawyer Reprimanded for Continued Use of Westlaw After Leaving Prosecutor Job

By Debra Cassens Weiss, ABA Journal

10-16-12 -- In a case of reciprocal discipline, the Oregon Supreme Court has publicly reprimanded a lawyer who continued to use a government-paid Westlaw account after he left his job as a prosecutor. . . . Everett Walton used the account for about 14 months when he became a legal aid lawyer in Hawaii, according to the Oregon opinion (PDF). He had tried without success to cancel the three-year, flat-rate contract negotiated when he worked as a special prosecutor for the Republic of Palau. The Legal Profession Blog and the National Law Journal have stories.

PENNSYLVANIA  

A legion of big-time lawyers got start under Specter

Philadelphia Business Journal   

10-16-12 -- A legion of some of Philadelphia's top lawyers worked for Arlen Specter, who passed away Sunday, when he was Philadelphia District Attorney between 1965 and 1973. . . . That class included a future chancellor of the Philadelphia Bar Association and president of the Pennsylvania Bar Association (Clifford Haines), U.S. Attorney in the Eastern District of Pennsylvania (Michael Stiles), Chief Justice of the Pennsylvania Supreme Court (Ronald D. Castille) and two Pennsylvania Commonwealth Court president judges (Bonnie Leadbetter and James Gardner Colins).

TEXAS  

Ex-Client Awarded $867K Against Lawyer Who Stole $75K and Law Firm That Referred Her to Him

By Martha Neil, ABA Journal

10-16-12 -- A woman whose lawyer misappropriated most of the $100,000 she was supposed to get in a probate case has had her day in court and was teary-eyed after a $867,000 jury verdict Monday in Bexar County, Texas. . . . “I am very pleased. The jury believed in me," Isabel Sloan told the San Antonio Express-News. . . . The award includes $377,000 against now-disbarred attorney Eric Turton, who gave Sloan $25,000 of a $100,000 probate settlement she was supposed to get and admittedly kept the rest, as well as another attorney, Oscar C. Gonzalez, who referred her to Turton. An additional $200,000 was awarded against Gonzalez and his law firm, plus the verdict includes attorney's fees for Kolb of a little over $290,000.

Former Attorney Pleads Guilty to $7 Million Ponzi Scheme

Written by FBI | Imperial Valley News 

10-16-12 -- Houston, Texas - Billy Frank Davis, aka Bill F. Davis, a former attorney residing in Houston, has pleaded guilty to one count of wire fraud in connection with his investment fraud scheme that victimized more than 20 investors of approximately $7.8 million, United States Attorney Ken Magidson announced today. . . . During the past 10 years, Davis, 67, held himself out to friends and potential investors as being involved in the real estate investment business. While Davis did conduct some legitimate business activity during this time period, a substantial portion of the funds he solicited were simply part of a Ponzi scheme Davis was operating in an effort to satisfy old debts and to fund his personal lifestyle.

Fraud suit against lawyers nets $867,000

Guillermo Contrera, San Antonio Express 

10-15-12 -- A Bexar County jury on Monday awarded a woman more than $867,000 in her lawsuit against two attorneys, including one who once served on a board that takes up complaints against lawyers. . . . Jurors found attorney Oscar C. Gonzalez, his law firm and former lawyer Eric Turton committed malice, fraud and theft by misappropriating $75,000 from the settlement of a client, Isabel Sloan. Part of the verdict hammered Gonzalez and his firm for gross negligence and false, misleading and deceptive acts and practices.

A Yellow T-Shirt Helps Lawyer Tell How Organ Donation Saved Her Life

By Debra Cassens Weiss, ABA Journal

10-15-12 -- Lawyer Nefeterius McPherson wasn’t trying to rile University of Texas fans when she wore the bright yellow T-shirt of the opposing team at a recent football game. . . . Instead McPherson was honoring the West Virginia girl who saved her life, according to Texas Lawyer’s Tex Parte Blog. McPherson suffers from a rare bile duct and liver disease called secondary sclerosing cholangitis. Last November she received a liver from 12-year-old Taitlyn Shae Hughes, who died suddenly after suffering a brain hemorrhage. . . . McPherson learned the name of her donor from Facebook and met the family, the story says. McPherson gave family members engraved necklaces, and they gave McPherson the girl’s yellow West Virginia shirt.

VERMONT  

Defense Lawyer Moves to Dismiss 20 Cases, Says Prosecutor Not Lawfully Appointed By Vt. Governor

By Martha Neil, ABA Journal

10-16-12 -- A criminal defense attorney has filed a motion seeking the dismissal of 20 criminal cases, contending that the state lacks authority to prosecute the defendants because the Orleans County state's attorney was unlawfully appointed by the Vermont governor. . . . Attorney David Sleigh says State's Attorney Alan Franklin does not hold a valid appointment from Gov. Peter Shumlin because a special election should have been held to fill the prosecutor's job, according to the Associated Press.

WASHINGTON   

Spokane Diocese Sues Law Firm That Handled Its Bankruptcy, Seeks $12M Legal Fee Clawback and Damages

By Martha Neil, ABA Journal

10-15-12 -- Updated: The Catholic Diocese of Spokane has filed a malpractice suit against the law firm that handled its $50 million bankruptcy, contending that the church was ill-served by the strategy Paine Hamblen developed to deal with priest sex-abuse issues. . . . The suit, which was spearheaded by Bishop Blase Cupich after he took office two years ago, also questions the law firm's timing in filing for bankruptcy at a time when that filing shielded the then-bishop from testifying in a civil case, reports the Spokesman-Review. The law firm represented both the church and its then-bishop at a time when he was named as an individual defendant, concerning his role as an administrator, in litigation against the diocese.

WISCONSIN    

Michael Best Attorney's Obama Comment Prompts Apology from Wisconsin Senate Campaign

By Brian Baxter, The Am Law Daily 

10-15-12 -- Aides to Republican Tommy Thompson—the former Wisconsin governor, onetime Akin Gump Strauss Hauer & Feld partner, and current candidate for the U.S. senate—said Monday that Thompson's son, Jason, an attorney at Milwaukee-based Michael Best & Friedrich, "said something he should not have" when he remarked that voters should send President Barack Obama back to Kenya. . . . The controversial comment, which was caught on camera, came at a Sunday brunch held by the Kenosha County Republican Party in Wisconsin. At one point during the event, Jason Thompson tells potential voters that they "have the opportunity to send President Obama back to Chicago—or Kenya." . . . The remark, which Jason Thompson appears to make in jest, prompted one person in the crowd to respond that "we are taking donations for that Kenya trip," according to the Milwaukee Journal Sentinel.

October 10, 2012 -- October 12, 2012

GENERAL

Attorneys Are Billing at $1,200/Hour, To No One's Surprise

By Andrew Lu, FindLaw

10-11-12 -- A strange result to have come from the recent Apple Samsung lawsuit has nothing to do with patents. Instead, it's been the debate over attorney fees. . . . After Apple successfully defended its patents in federal court, news and rumors started to trickle out as to how much Apple paid its attorneys to litigate its case. Guesses ranged from Apple paying its attorneys as little as $30 million to as much as $500 million. . . . In addition, reports like "Apple Patent Battles Create Lawyer Boon at $1,200 an Hour"  gave notice to these apparently exorbitant fees. However, these attorney fees articles also led to a mini-backlash and then the defense of attorneys cashing in.

Income-Based Repayment: Lifeline for Law Graduates, Certain Loser for Government

By Matt Leichter, The Am Law Daily 

10-11-12 -- "Your education loan debt represents a serious financial commitment which must be repaid. A default on any loan engenders serious consequences, including possible legal action against you by the lender, the government, or both." (ABA-LSAC Official Guide to ABA Law Schools, 2013 edition (37) [PDF] . . . Contrary to the Official Guide's dire warnings, law school debt repayment is no longer a simple "pay-or-else" proposition. The likelihood that a recent law school debtor will default on his or her loans is now very low thanks to the Department of Education's new repayment option for paying off federal guaranteed and direct student loans: Income-Based Repayment (IBR) and its 10-year public service complement, Income-Contingent Repayment (ICR). IBR is somewhat complicated, and revisions to the rules will go into effect in 2014 if not sooner. Here is a brief explanation of how the new repayment plan works:

Bank of America Request for Legal Fee Credit Raises Ethical Questions

By Sue Reisinger, Corporate Counsel   

10-11-12 -- The Bank of America Corporation (BAC) is asking certain of its select outside law firms to give it a credit on its annual legal fees, based on the amount of customer business—such as loans—sent to the law firms. Some experts say that practice is highly unusual and ethically suspect. . . . A form prepared by Bank of America and given to preferred provider law firms calls for a one-year deal between the bank and the firm. It states that the law firm “will give BAC a credit equal to $_____ [blank] to be applied toward bank paid legal services provided to GBAM [global banking and markets division] during the one-year arrangement period.” . . . The credit is on top of other discounts the bank already receives from its preferred providers. . . . One source who received the form and asked not to be named, said BAC indicated that the credit is calculated based on the total amount of legal fees passed on to third-party customers. For example, BAC may send a customer’s business, such as a large construction loan, to an outside law firm to handle, and the bank would pass on the legal fees to the borrower as part of the cost of the loan. But the credit BAC is requesting wouldn’t go to the customer who pays the legal fees—it would go to the bank.

Former Patton Boggs Client Accuses Firm of Marketing Competitor's Products

Posted by Zoe Tillman, The BLT, The Blog of the Legal Times  

10-10-12 -- Patton Boggs is facing a breach of contract lawsuit filed yesterday by a former client who has accused the firm of marketing a competitor's products when it was supposed to be marketing the client for potential business with the federal government. . . . MB Industries LLC, or MBI, a Louisiana-based company that builds blast-resistant buildings, hired Patton Boggs in December 2008 to help the company "become a major player" with agencies within the U.S. Department of Defense and U.S. Department of Homeland Security, and to otherwise expand its business, according to the complaint (PDF) filed in U.S. District Court for the District of Columbia.

FTC alleges scammers preyed on distressed homeowners with false offers of legal help

By Jenna Greene, The National Law Journal  

10-09-12 -- Targeting scam artists offering bogus legal services to distressed homeowners, the Federal Trade Commission on October 9 announced three suits against mortgage relief operations that allegedly victimized thousands of consumers. . . . In suits filed in federal court in Florida, California and Ohio, the FTC charged the companies with violating the Federal Trade Act and the Mortgage Assistance Relief Services rule by falsely claiming they could help homeowners avoid foreclosure. In some instances, the scammers allegedly promised but failed to deliver assistance from a "network" of lawyers, or falsely passed themselves off as attorneys. . . . "With many homeowners still struggling to hold onto their homes, the FTC takes a hard line against con artists who are seeking their next victim," said FTC Chairman Jon Leibowitz at a press conference at the Justice Department touting the accomplishments in the past year of a multi-agency financial fraud enforcement task force effort.

CALIFORNIA  

Law Blog Fireside: The Lawyer Protecting Oakland’s Medical Pot

By Joe Palazzolo. Wall Street Journal (blog)  

10-12-12 -- Oakland, Calif., is trying to keep the federal government from seizing its biggest medical-marijuana dispensary. . . . On Wednesday, the city took a bold step: It sued the feds, arguing that the U.S. attorney for Northern California is barred from seizing the property by the five-year statute of limitations on civil forfeiture. . . . Sure, it’s illegal to sell medical marijuana under federal law, but President Barack Obama and Attorney General Eric Holder have said publicly they wouldn’t pursue people who are in compliance with state law. A 2009 Justice Department memo gave the same guidance to U.S. attorneys.

Steven Tyler Lawyer Sued for Allegedly Botching 'American Idol' Deal

Management company Kovac Media Group claims attorney Dina LaPolt cost Tyler a rich 'Idol' contract.

by Matthew Belloni, Hollywood Reporter 

10-11-12 -- Steven Tyler's former management company sued his current lawyer on Thursday claiming she botched his contract negotiation and cost Tyler a $6 million- $8 million deal to return to American Idol. . . . In a complaint filed in Los Angeles Superior Court, Kovac Media Group claims that West Hollywood entertainment lawyer Dina LaPolt was brought in to help the Aerosmith frontman negotiate a new Idol deal at the end of last season, his second on the hit Fox singing competition.

DISTRICT OF COLUMBIA  

Federal Court Dismisses Attorney General Holder’s Wild Accusations of Racism

by Justin Danhof, Amy Ridenour's National Center Blog (blog)   

10-12-12 -- A couple of Justice Department attorneys walk into court and cry racism over a voter photo ID law.  . . . Stop me if you’ve heard this before. . . . For months, Attorney General Eric Holder and his minions have been traveling the country – declaring that state-level voter ID laws are, in so many words, racist attempts to suppress black votes.  In those instances, Holder is wrong, but he nonetheless has left-leaning advocacy groups (such as the Brennan Center for Justice, the ACLU and the NAACP) back up this abhorrent assertion. . . . In a case that was decided on Wednesday, however, Holder and his cronies claimed that South Carolina’s new voter ID law was racist for a different reason. . . . DOJ officials claimed that South Carolina passed its new voter ID law (Act R54) in retaliation to President Barack Obama’s election.  You read that right.  Holder had the U.S. government argue in a court of law that South Carolina’s elected officials are such bigots that they are passing laws over their angst of being governed by a black man. . . . The problem for the Attorney General is that state and federal courts are not buying his radical racial rhetoric.

FLORIDA  

Judge scolds attorneys in Lt. Gov. Carroll info leak case

Bill Cotterell, The Florida Current   

10-11-12 -- A stern circuit judge complained that the case of embarrassing leaks from Lt. Gov. Jennifer Carroll's office "is getting way out of hand" Thursday and bluntly told attorneys on both sides he won't let them air the lurid allegations in the news media. . . . Judge Frank Sheffield said he would decide on a witness-by-witness basis whether attorneys for Carletha Cole can take testimony from Carroll and other officers of Gov. Rick Scott's administration. He told defense attorney Stephen Webster to submit lists of potential witnesses -- so Cole's lawyers can't "go on a fishing expedition" for irrelevant information -- but also told Jesse Panuccio, the governor's general counsel, he won't exclude pertinent witnesses just because they might make some high-level government officials uncomfortable.

Conflict questions arise about law firms representing HOAs, banks

By Mary Shanklin, Orlando Sentinel 

10-11-12 -- Disputes pitting community associations against banks have left some questioning whether law firms should represent both sides. . . . Disputes pitting homeowners associations against banks that owe fees on foreclosed houses have left some questioning whether the same law firms should represent parties on both sides of the fight. . . . Jan Bergemann, president of the Cyber Citizens for Justice association watchdog group, said this week that law firms should not represent both groups. . . . "That should be a conflict of interest,'' Bergemann said. "Banks normally like to postpone as long as possible the moment they are the deeded owner. The homeowner association, meanwhile, has an interest to foreclose as soon as possible.''

GEORGIA  

Lawyer is dog's best friend in U.S. attack case

by David Beasley, Reuters

10-12-12 -- A judge in Georgia has appointed a lawyer to defend a pit bull that could be euthanized for attacking a neighbor's 5-year-old child, a court official said on Friday. . . . The dog's owner surrendered the animal, named Kno, to Effingham County, north of Savannah, last summer after it was accused of severely injuring the child, assistant county attorney Elizabeth Pavlis told Reuters. . . . Lawyer Claude Kicklighter, appointed by Superior Court Judge William Woodrum Jr to represent the dog, said he was still learning details of the case. . . . "All I can tell you is that the judge appointed me," he said. "I really don't know what the issues are."

ILLINOIS  

Drew Peterson backs longtime attorney

By Christy Gutowski, Chicago Tribune reporter   

10-12-12 -- Drew Peterson backed his longtime attorney in court today after a legal skirmish by another defense team to intervene in his post-trial motions. . . . Lead counsel Joel Brodsky and attorneys John Paul Carroll and Michelle Gonzalez clashed over who will represent Peterson as he appeals his conviction for the 2004 murder of third wife, Kathleen Savio. . . . In a recent court filing seeking a new trial, Carroll accused Brodsky of lying about his courtroom prowess, forcing the defendant into pretrial publicity and myriad legal errors. . . . Carroll insisted Peterson gave him the green light but a stunned Brodsky said Carroll had authority to handle issues related only to the defendant's police pension.

Outside Lawyer Files Motion for New Murder Trial for Drew Peterson; Lead Counsel Calls It ‘Insanity’

By Martha Neil, ABA Journal

10-10-12 -- In the latest bizarre twist in a high-profile murder conviction against a former suburban Chicago police officer for the death of his third wife, a lawyer not previously involved in the case has filed a motion seeking a new trial for Drew Peterson. . . . Attorney John Paul Carroll said in his motion that Peterson's lawyers did not provide him with adequate representation. It was filed Tuesday in Will County, reports the Southtown Star. . . . However, Carroll, who is also a former police officer, isn't representing Peterson concerning his criminal case, says his lead trial lawyer. Attorney Joel Brodsky tells the newspaper that Carroll was brought in only for the limited purpose of advising Peterson about his pension rights. His client, Brodsky says, repeatedly confirmed that Carroll is only a consultant and described himself as "boggled" by the Naperville lawyer's new-trial motion.

KANSAS  

Women file federal lawsuit against Shawnee County D.A. Taylor

Former employees claim gender and race discrimination led to wrongful firing

By Aly Van Dyke, The Capital-Journal  

10-09-12 -- Two women have filed a federal lawsuit against District Attorney Chad Taylor, claiming race and gender discrimination — as well as a host of other issues in the office — led to their wrongful termination more than two years ago. . . . Krystal L. Boxum-Debolt, of Lawrence, and Lisa Anne Moore, of Rio Rancho, N.M., filed the civil suit on Oct. 1 in the District Court of Kansas alleging six counts. The charges include gender discrimination for lack of providing breast-feeding stations and race discrimination relating to the women’s supervisor, who allegedly used her position to coerce Hispanic employees and clients to clean her home.

LOUISIANA   

Florida escort tried extorting $100,000 from New Orleans lawyer, Orlando newspaper reports

By Ramon Antonio Vargas, NOLA.com | The Times-Picayune 

10-12-12 -- A male escort from Florida nicknamed "Dream" allegedly tried to extort $100,000 from a New Orleans lawyer he slept with in California, a newspaper in Orlando, Fla., is reporting. Terrill Lewis, 25, of Titusville, Fla., threatened the unidentified lawyer with releasing compromising video footage and pictures of the night they spent together in a California hotel to the victim's family, friends and business associates in New Orleans, authorities told the Orlando Sentinel. . . . According to the Sentinel's report, the victim says he was in California in late August when Hurricane Isaac struck the New Orleans area, stranding him. The victim -- described only as a prominent attorney -- hired Lewis from an erotic website; and the two drank wine and talked. . . . The next morning, the Sentinel reports, Lewis was gone, and the lawyer awoke with a hangover. He found two used condoms in the bathroom. There was a text message on his phone to "Dream" saying: "Thanks it was a great time."

MICHIGAN  

Former Bashara attorney David Griem admits he wrongly shared evidence

By Gina Damron, Detroit Free Press Staff Writer

10-12-12 -- The former attorney for Bob Bashara — the Grosse Pointe Park man who has been called a suspect in his wife's murder — today admitted responsibility to civil contempt of court charges. . . . David Griem was accused of improperly sharing evidence with Bashara's family and issuing unauthorized subpoenas. He was initially facing criminal contempt of court charges but pleaded responsibility to civil contempt of court. . . . Griem is due back in court Nov. 26 for a hearing about possible sanctions.

MINNESOTA   

Minn. Judge Disqualifies Covington from Representing State In Big Enviro Case Against Ex-Client 3M

By Martha Neil, ABA Journal

10-11-12 -- Agreeing that 3M Co. had been betrayed by a major law firm's decision to help the Minnesota attorney general pursue an environmental suit against its former longtime corporate client, a judge has disqualified Covington & Burling from continuing to represent the state in the litigation against 3M. . . . In a Thursday order and opinion (PDF), Hennepin County District Court Judge Robert A. Blaeser wrote: “Covington has exhibited a conscious disregard for its duties of confidentiality, candor, full disclosure, and loyalty to 3M by failing to raise its conflicts arising from the fact that it previously advised and represented 3M on FC [fluorochemical] matters. Additionally, Covington is disqualified in order to protect 3M's confidential information Covington obtained during its representation of 3M, which is relevant to the issues at the heart of the state's case." . . . Fundamental to the disqualification issue, the judge states, is the fact that Covington & Burling failed to obtain required informed written consent to the conflicts from its former client, as required under Minn. Rule Prof. Conduct 1.9.

NEBRASKA  

Senator sues bar association over dues

By Kevin O'Hanlon, Lincoln Journal Star     

10-10-12 -- Sen. Scott Lautenbaugh of Omaha took his ongoing fight with the Nebraska State Bar Association to federal court Wednesday, filing a lawsuit alleging it is unconstitutional to force lawyers to pay dues to the association. . . . The class action lawsuit seeks to prevent the bar association from collecting mandatory dues from members who object to the money being used for political, ideological and other non-germane activities until the association adopts procedures that properly safeguard its members’ civil rights. . . . Lautenbaugh, a lawyer, has said the bar "frequently gets involved in issues on which its members have divergent views and which have nothing to do with the limited issues a mandatory bar association is allowed to weigh in on."

NEW HAMPSHIRE  

McLeod's attorney sees victory for fantasy sports

By Julie Hanson, Union Leader Correspondent  

10-09-12 -- The attorney general’s decision not to pursue gambling charges against Ross McLeod, a selectman and former Hillsborough County prosecutor, may be a victory for fantasy football. . . . Attorney General Michael Delaney released a statement Monday stating that the Department of Justice had concluded its investigation into allegations of illegal gambling, electioneering and witness tampering, and would not pursue charges against McLeod. . . . “Ross was engaging in playing fantasy football with a half-dozen old friends, doing nothing different than what millions of Americans across the country do on a day-to-day basis, especially at this time of the year,” said James Rosenberg, attorney for McLeod. “Simply stated, fantasy football is not gambling.” . . . The federal criminal code specifically exempts fantasy sports in its legal definition of gambling. . . . Meanwhile, McLeod’s former boss, Hillsborough County Attorney Dennis Hogan, said the findings by the attorney general prove he was right in saying little about the case.

NEW JERSEY  

International Hacking Scheme Accesses Rutgers CLE Data

By Charles Toutant, New Jersey Law Journal  

10-10-12 -- Hackers who broke into 100 university websites worldwide posted personal data on 1,560 lawyers from the continuing legal education program at Rutgers' two law schools. . . . In an email on Tuesday to those lawyers, the university's Institute for Professional Education said "it appears that hackers were able to access some information, including names, addresses and encrypted passwords" from its site, www.rutgerscle.com. . . . The hackers also obtained telephone numbers and email addresses — but no credit card information — of people who registered online for Rutgers CLE classes, says Michael Sepanic, a spokesman for Rutgers Law School-Camden.

OHIO  

Sixth Circuit imposes sanctions on plaintiff's lawyer for 'meritless appeal'

By Sheri Qualters, The National Law Journal 

10-10-12 -- An Ohio lawyer's "meritless appeal" warrants sanctions, the U.S. Court of Appeals for the Sixth Circuit has ruled. . . . On October 10, a unanimous panel issued a per curiam decision affirming a summary judgment ruling in favor of defendant Graphic Packaging in a wrongful discharge case. The Sixth Circuit, which ruled on the briefs and did not hold oral argument, also granted Graphic Packaging's sanctions motion. It ruled that the company could collect costs and attorney fees related to the appeal from the plaintiffs' lawyer, Eric Hall, who was earlier this year suspended from the practice of law in Ohio. The company has 30 days to file an affidavit with the amount it seeks. . . . Tamie Seifert worked at Graphic Packaging from July to December 2009, when she was fired for alleged poor performance.

TENNESSEE  

Ex-administrator at Vanderbilt Law gets 22 years for theft, statutory rape

By Karen Sloan, The National Law Journal  

10-10-12 -- A former administrative manager at Vanderbilt University Law School was sentenced to 22 years in prison on October 9 after pleading guilty to 17 counts of fraud, theft and statutory rape. . . . Jason Hunt, who performed various financial duties at the law school from 2005 to 2011, stole at least $535,962 from Vanderbilt using a school-issued credit card and through check fraud. He forged check approval requests and e-mail correspondence involving goods and services that were never provided to the law school, according to Davidson County, Tenn., District Attorney's office in Nashville. The thefts occurred between April 2010 and October 2011, prosecutors said.

TEXAS  

Lawyer Seeks $25M From Insurer, Says He Was Set Up in Criminal Case That Destroyed His Legal Career

By Martha Neil, ABA Journal

10-11-12 -- A jury trial is beginning this week for a Texas lawyer seeking $25 million in a tortious interference suit against an insurance company with which he formerly had dealings while representing plaintiffs in asbestos cases. . . . Warren Todd Hoeffner, 48, contends that Hartford Financial Services Group Inc. set him up to face criminal prosecution, without appropriate basis, in order to conceal the involvement of two of its own claims processors in a $3 million extortion from him, reports Bloomberg in a lengthy article about the case. He argues that the insurer protected the two employees to preclude their telling regulators about a lack of reserved funds at the time of the scheme to cover asbestos-related claims.

WISCONSIN    

’Forest Voice’ attorneys fined

Richmond-News 

10-12-12 -- Attorneys who helped the Forest Voice citizen organization file a lawsuit that included developer Emerging Energies of Wisconsin, LLC, as a defendant have been fined. . . . In a decision dated Sept. 30, District Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin ruled that the claims against EEW by leaders of the Forest Voice, and attorneys Glenn Stoddard and Patricia Keahna, were “frivolous.” . . . The judge noted that a private company could not be held accountable for alleged violations of open meeting laws, and that only public officials have the responsibility to ensure that proper procedures are followed. . . . “We have been completely transparent through this entire process as we’ve tried to bring clean, renewable energy to St. Croix County,” said Jay Mundinger, founding principal of Emerging Energies. “Some very responsible town officials lost their jobs after initially approving our Highland Wind Farm project two years ago, and we’ve been fighting ever since. We feel a level of vindication here.”

October 6, 2012 -- October 9, 2012

GENERAL

Did Obama Violate the Take Care Clause by Staying Some Deportations? John Yoo Weighs In

By Debra Cassens Weiss, ABA Journal

10-09-12 -- President Barack Obama effectively wrote into law the failed DREAM Act when his administration announced in June that it would not deport many illegal aliens under 30 who came to this country as children, two law professors say. . . . The president also breached his constitutional duty to enforce the laws under the take care clause, according to a working paper posted at SSRN by law professors John Yoo of the University of California at Berkeley and Robert Delahunty of the University of St. Thomas in Minneapolis. . . . “The Constitution confers no express or implied power or authority not to enforce the laws,” they write. “On the face of it, the Obama administration breached its constitutional duty by refusing to enforce the immigration law in (up to) 1.7 million cases.”

Attorney Fired From Pat Robertson's Legal Group for Relationships With Young Men

By Michelle Garcia, Advocate.com  

10-09-12 -- A senior attorney has been fired from the conservative American Center for Law and Justice for reportedly having multiple relationships with younger men. . . . Metro Weekly reports that James Henderson was fired September 25, one day after two blogs, Exposed Politics and The Patriot-Ombudsman, posted reports that Henderson may be gay. The reports showed that Henderson created a Facebook account solely to communicate with at least two men he was involved with. . . . While it is unclear whether the men are at the age of consent or old enough to consume alcohol, it appears that Henderson provided them with alcohol and marijuana. One of the reports alleges that one of the men was 17 when he began communicating with Henderson in 2010.

The Ties That Bind

More than other firms, Wilmer has filled the Obama administration with high-profile alums.

By Jenna Greene, The National Law Journal    October 8, 2012

10-08-12 -- From the U.S. Securities and Exchange Commission to the Treasury Department, the Central Intelligence Agency to the Federal Communications Commission, lawyers in top positions across the federal government have something in common — they're from Wilmer Cutler Pickering Hale and Dorr. . . . More than any other law firm, Wilmer has populated the Obama administration with high-profile alums. At least 20 partners have left the firm since 2009 for senior government posts. A handful have come back, but 17 others, including U.S. Attorney for the District of Columbia Ronald Machen Jr., Deputy Treasury Secretary Neal Wolin, Internal Revenue Service chief counsel William Wilkins and SEC Division of Corporation Finance head Meredith Cross, are still on the job.

DISTRICT OF COLUMBIA  

Federal Judge Slams D.C. Lawyers for 'Orwellian' Worldview

Posted by Zoe Tillman, The BLT, The Blog of the Legal Times      on October 05, 2012

10-05-12 -- Criticizing the D.C. Office of the Attorney General's "dilatory, wasteful action," U.S. District Chief Judge Royce Lamberth published an opinion yesterday blasting city attorneys for violating a discovery order. . . . According to the opinion (PDF), Lamberth had authorized limited discovery by plaintiffs in a constitutional fight over the right to post signs on lampposts in Washington. Lamberth wrote that even though he didn't give the city permission to do discovery, the attorney general's office went ahead with interrogatories and a request for documents. The plaintiffs requested a protective order to stop the city, which he granted.

GEORGIA  

Court disbars Marietta lawyer

By Bill Rankin, The Atlanta Journal-Constitution  

10-09-12 -- The Georgia Supreme Court recently disbarred Marietta lawyer Wendel Lawrence Bowie from the practice of law, noting an investigative panel found his conduct had been egregious.

ILLINOIS  

Carpentersville man in hot water for suing judges, insulting court

By Harry Hitzeman, Chicago Daily Herald 

10-08-12 -- A judge has dismissed a lawsuit filed by a Carpentersville man against Kane County judges, attorneys and the Kane County Bar Association after he was sanctioned for attempting to practice law without a license. . . . Now, Robert Sperlazzo, 62, faces contempt of court charges for filing a rash of lawsuits and supposed court orders and calling the 16th Judicial Circuit a “kangaroo court,” according to court documents. . . . Sperlazzo is due in court on Oct. 18 before Val Gunnarrson, a judge brought in from another circuit because Sperlazzo has sued several judges in Kane County. . . . If found guilty, fines and jail time are possible for Sperlazzo, who was chairman of the Fox Valley Citizen for Legal Immigration, a group that supports cracking down on illegal immigrants living in Carpentersville.

KENTUCKY  

See the Video: Angry Judge Blasts ‘Backseat Driver’ Appellate Counsel in High-Profile Murder Case

By Martha Neil, ABA Journal

10-09-12 -- In an action-packed Sept. 28 hearing, a Kentucky senior judge blasts an appellate lawyer seeking a new trial for his client in a high-profile murder case. . . . As the camera rolls, retired Jefferson Circuit Judge Martin McDonald repeatedly criticizes assistant public advocate David Barron and cuts him off as he tries to offer a few thoughts in response to claims that the attorney is "unethical" and a "backseat driver" who is "making a mountain out of a molehill" rather than a "real" trial lawyer. . . . At a couple of points, as portrayed in video clips linked to a Louisville Courier-Journal article, the judge also speaks directly to Barron's client, Roger Dale Epperson.

MAINE   

Justice berates prosecutors in Kennebunk prostitution case as accused plead not guilty

By Seth Koenig, Bangor Daily News Staff  

10-09-12 -- A Superior Court justice scolded state prosecutors Tuesday for disorganized and inaccessible evidence — including what a prosecutor said were indications of child pornography — against Mark Strong and his alleged associate Alexis Wright. The two are being accused of running a prostitution business out of Wright’s Kennebunk fitness studio. . . . The admonition from Justice Nancy Mills came during a Cumberland County Superior Court hearing in Portland. . . . Both Wright and Strong pleaded not guilty to a slew of charges tied to the alleged prostitution during their arraignments Tuesday, which took place concurrently in Portland. . . . Daniel Lilley, the attorney representing Strong, told Mills during the hearing in Cumberland County Superior Court that a “mish-mash” of documents piled into boxes, as well as a computer hard drive, had been delivered to his office as evidence against his client by prosecutors. But he said he and his associates have struggled to correlate the documents in the boxes with an accompanying index, and have further been unable to access the videos, photographs and other incriminating evidence prosecutors allege are on the hard drive.

MISSOURI  

Social Security Administration lawyer admits guilt

The Associated Press | Sacramento Bee  

10-09-12 -- A lawyer who worked for the Social Security Administration in St. Louis has admitted that he defrauded the agency. . . . Federal prosecutors say 37-year-old Robert Brauker of St. Louis pleaded guilty Tuesday to two felony counts of theft of government property. . . . Brauker received disability benefits beginning in 1993 due to vision problems. Prosecutors say Brauker was supposed to report any income he made but didn't do so in 2003 and 2010.

NEVADA  

1 in 5 would-be lawyers in Nevada has had substance-abuse problems

By Cy Ryan, Las Vegas Sun         

10-08-12 -- Based on evidence that shows higher-than-average alcohol and drug abuse among lawyers, the State Bar of Nevada is seeking greater awareness among its ranks. . . . In the past two years, almost 23 percent of those applying to practice law in Nevada disclosed a history of substance abuse. . . . And almost 33 percent of the disciplinary cases against lawyers "involve underlying abuse, addiction or mental health problems," says the board of governors of the State Bar. . . . It has petitioned the Nevada Supreme Court to require attorneys to take one hour of education each year "in substance abuse, addictive disorders and or mental health issues that impair professional competence."

NEW YORK  

Both Sides Take Heat in Jacoby & Meyers' Suit Over Ban on Law Firm Investors

By Mark Hamblett, New York Law Journal   

10-09-12 -- Attorneys pressing Jacoby & Meyers' attack on New York State's ban on law firms accepting outside investment from non-lawyers may have gotten a ray of hope Oct. 5 during oral arguments before the U.S. Court of Appeals for the Second Circuit. . . . Attorney James Denlea, after getting hammered by the panel for insisting he had standing to challenge Rule 5.4 of New York's Rules of Professional Conduct, sat back and watched with pleasure as Judge John Walker Jr. asked Assistant Solicitor General Won Shin why the case shouldn't just be remanded with instructions to amend the complaint and solve the standing problem. . . . Calling the merits of the case "probably pretty easy," Judge Gerard Lynch said, "It's kind of a mystery to me why we are debating these rather arcane issues of standing."

OHIO  

Geauga County Bar Association: Judicial candidate guilty of misconduct

By Tracey Read, News-Herald.com  

10-09-12 -- A candidate for Geauga County Probate/Juvenile Court judge is guilty of professional misconduct, according to the Geauga County Bar Association. . . . The Bar filed a complaint last year against Timothy H. Snyder, who is challenging Judge Tim Grendell on Nov. 6. . . . The association now wants a Hearing Panel of the Board of Commissioners on Grievance and Discipline of the Supreme Court to find Snyder violated 11 rules of conduct. The panel heard the case on Aug. 24. . . . The Geauga association is also asking the board to make an appropriate recommendation to the Supreme Court to discipline Snyder, who could possibly face having his law license suspended.

RHODE ISLAND  

Court upholds RI lawyer's corruption conviction

Associated Press | Boston.com       

10-08-12 -- A federal appeals court has upheld the corruption conviction of a former North Providence town attorney who facilitated bribes to three town councilmen. . . . Robert Ciresi was convicted in April 2011 of bribery, extortion and conspiracy charges. The jury found he arranged and delivered a $25,000 bribe to then-Councilman John Zambarano after the town council rezoned a plot of land so a supermarket could be built there. Ciresi also helped put Zambarano in touch with a middleman on a separate $75,000 bribe related to a mill development.

TEXAS  

Attorneys ask to bypass security at Victoria County courthouse; sheriff says no

Melissa Crowe, Victoria Advocate   

10-08-12 -- Although a second security station is expected to shorten wait time at the Victoria County Courthouse, local attorneys say the best solution is security bypass badges. . . . However, Victoria commissioners are heeding the sheriff's recommendation and subjecting all attorneys - save for the district attorney's office - to security checks just like all other courthouse visitors. . . . Luther Easley, of the Victoria County District Attorney's Office, addressed the commissioners court on behalf of the Victoria County Bar Association on Monday. . . . Attorneys, unlike any other professional in the community, need the ability to get in and out of the courthouse quickly with large volumes of materials and without hassle, Easley said.

WISCONSIN    

Lawyer who padded hours for bonus seeks break from high court

By Bruce Vielmetti of the Journal Sentinel  

10-08-12 -- A lawyer accused of ripping off his own partners by inflating his billings to win bonuses could become a barometer of the Wisconsin Supreme Court's feelings about lawyers' duties to each other. . . . A referee has recommended the court suspend Matthew Siderits' license for 18 months, a term his attorney said would amount to a career killer. Siderits disputes the finding that he knowingly engaged in fraud or deceit. Even if the court agrees he did, he argues that a reprimand or much shorter suspension is the proper sanction because he cooperated with the ethics investigation, has no prior discipline and has paid back his former partners. . . . But the Office of Lawyer Regulation argues even lawyers who defraud their own partners deserve significant punishment to deter others, and that Siderits' claim that he had insufficient notice of his fiduciary duty should be ignored.