March 2008
A law professor who cheats in an academic environment is subject to disciplinary sanction

February 2008
The Sixth Amendment May Require Criminal Defense Counsel to do All that is Necessary to Defend a Client Including Engaging in Conduct Involving Pretexting or Deception.

January 2008
A lawyer is prohibited by federal law from sending unsolicited fax advertisements to prospective clients. The lawyer cannot avoid liability by claiming that such marketing is merely informational in nature and not intended to obtain business.

December 2007
The First Amendment Absolutely Protects Subjective-Based Lawyer Rating Systems.

November 2007
Knowingly assisting a judge in violating judicial ethics rules and campaign finance laws is conduct that is prejudicial to the administration of justice warranting substantial discipline.

October 2007
In order to mitigate a disciplinary sanction, a lawyer who has a diagnosed mental disorder must provide competent proof that the disabling symptoms are fully managed.

September 2007
Courtesy and civility rules that do not allow any exception for truthful speech, political speech, or for speech that does not create a substantial likelihood of material prejudicing a pending case, are overbroad and cannot withstand constitutional scrutiny.

August 2007
Based upon the Rooker-Feldman doctrine, a federal district court should not review a state court denial of application for admission to the bar without examination notwithstanding the fact that the state court provided no reason for the decision to deny the application.

July 2007
As a general rule, empirical evidence is necessary to support any state restriction on misleading advertising.

June 2007
In extraordinary situations involving allegations of prosecutorial misconduct, the disciplinary authority can proceed with formal charges against a prosecutor notwithstanding the pendency of the criminal case that involved the alleged misconduct.

May 2007
Any written retainer agreement, regardless of the type of retainer contemplated, should clearly define the kind of retainer being paid. In the event that a jurisdiction recognizes advance payment retainers, the fee agreement should, at the very least, be in writing, use the term ‘advance payment retainer’, and clearly state that the funds become the property of the lawyer when paid and that the funds will not be held in a client trust account.

April 2007
Inappropriate Public Criticism of the Disciplinary Process in the Wake of a Disciplinary Sanction May Warrant Further Discipline.

March 2007
Because the lawyer disciplinary function is essentially judicial in nature, and because the lawyer regulatory process is generally under the ultimate administrative authority of a court, lawyer regulatory records and documents should typically protected from dissemination pursuant to public record statutes.

February 2007
A judicial officer should not voluntarily vouch for the character of a disciplined attorney during the course of a reinstatement proceeding.

January 2007
A chronic history of disciplinary problems does not necessarily preclude reinstatement if a lawyer can establish current moral character and fitness.

December 2006
Making material misrepresentations during the course of a disciplinary proceeding warrants disbarment.

November 2006
A rule prohibiting a non-admitted attorney from maintaining a law office in a state where he or she does not posses a law license does not offend the constitution even when that that non-admitted attorney merely confers with out-of-state clients by telephone from the in-state office, regardless of the nature of the legal issues or the whereabouts of the client.

October 2006
A disabling conflict of interest existed where a criminal prosecutor wrote a fictional novel based, in some detail, on a case that she was personally prosecuting because there was a reasonable possibility that the prosecutor’s desire to see her self-penned novel commercially succeed would trump her obligation to assure that a defendant would be accorded his constitutional rights.

September 2006
Conditioning Federal Reinstatement upon State Court Readmission Does Not Offend the Supremacy Clause.

August 2006
A lawyer charged with misconduct cannot assert an advice of counsel defense in light of the plain language of court rules.

July 2006
Federal agencies have the authority to refer the conduct of an agency lawyer to Bar Counsel even when that agency does not believe the lawyer’s conduct was an intentional or reckless violation or professional standards.

June 2006
Under the Supremacy Clause, when state law conflicts or is incompatible with federal law, the federal law preempts the state law. As a result, a lawyer suspended or disbarred by a state can still maintain a law office within that state’s borders to conduct a federal law practice if that lawyer remains in good standing in the federal court.

May 2006
When a lawyer comes to learn that a client has testified falsely, the lawyer has a duty to reveal the fraud to the tribunal at the first opportunity such as a sidebar during a jury trial.

April 2006
If Bar Counsel’s investigative records are protected from discovery based upon the work product doctrine, a discovery deposition of Bar Counsel’s staff regarding those records is inappropriate.

March 2006
A disparate disciplinary sanction for the same misconduct should not lead to a modification of the sanction absent unique circumstances, such as judicial error.

February 2006
Threatening criminal prosecution to obtain advantage in custody matter, stating or implying an ability to improperly influence a public official, and taking action on behalf of client merely to harass or maliciously injure another warrants a suspension from the practice of law.

January 2006
An applicant’s federal civil rights case seeking admission to the bar becomes moot after the applicant is admitted to practice.

December 2005
A bar applicant convicted of a serious crime has a great burden of establishing rehabilitation when the unlawful misconduct is substantial and, in the case of extremely damning misconduct, a showing of rehabilitation might be virtually impossible to make.

November 2005
Injecting race into a judicial proceeding where it is not relevant is offensive, unprofessional and warrants public sanction.

October 2005
The First Amendment provides that a disciplinary grievant may speak publicly regarding the fact that a grievance has been filed, the content of that grievance, and the result of the regulatory process, notwithstanding state confidentiality guidelines.

September 2005
Conflict of interest rules governing business transactions with clients require, at a minimum, that a lawyer suggest to the client that the client seek independent legal advice from a lawyer, not a non-legal professional.

August 2005
While a disciplinary rule violation does not generally give rise to a cause of action, it does not follow that the ethics rules do not embody a public policy of sufficient clarity or consequence to justify a claim for wrongful discharge against a lawyer's employer.

July 2005
An attorney may not turn over control of his firm and attorney trust accounts to a third-party non-attorney.

June 2005
A criminal law prosecutor has no discretion to withhold evidence when the evidence impeaches the testimony of a witness whose credibility or reliability may determine guilt or innocence notwithstanding the fact that the prosecutor may believe that the evidence is inculpatory rather than exculpatory.

May 2005
A ruse investigation created by private practitioners in order to induce a former judicial law clerk into disclosing confidential communications with a judge was improper and warrants a disbarment recommendation.

April 2005
A pattern and practice of excessive and duplicative litigation can violate the ethics rule providing that lawyers shall make reasonable effort to expedite litigation.

March 2005
The rule prohibiting a lawyer from communicating with a represented party in a matter does not prohibit an attorney who is contacted by that party from communicating with the party when the attorney is not involved in the matter

February 2005
A lawyer may not operate a law office within state borders in order to maintain a federal court practice when that lawyer is not authorized to practice within the state due to discipline

January 2005
Misleading Advertising-Claims of Expertise that can not be Verified or Substantiated

December 2004
Federal Jurisdiction of State Interim Suspension Decisions

November 2004
Misrepresentation to Lawyer Regulation Staff During an Investigation

October 2004
Sufficiency of Clear and Convincing Evidence in a Disciplinary Proceeding

September 2004
Subverting the Judicial Process