Announcements Archive

o	Iowa Supreme Court Attorney Disciplinary Bd. v. Kress, ___ N.W.2d ___, 2008 WL 682391 (Iowa March 14, 2008). A law professor who cheats in an academic environment Is subject to disciplinary sanction.
o	Office of Lawyer Regulation v Stephen P. Hurley, Case No. 07 AP 478-D (Referee’s Report and Recommendation, February 5, 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.
o	Stern v. Bluestone, 47 A.D.3d 576, 850 N.Y.S.2d 90. (N.Y.A.D 1 Dept. January 31, 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.
o	President's Page Don Lundberg updates membership on Midyear Meeting, Conditional Admission Model Rule, and other developments (members only).
o	Employment Opportunity Maine seeks Assistant Bar Counsel.
o	Conditional Admission to the Practice of Law Proposed Model Rule on Conditional Admission passes in ABA House of Delegates with modification to commentary. See article and background materials(members only).
o	John Henry Browne v Avvo, Inc, 2007 WL 4510312 (WD Wash Dec 18, 2007) The First Amendment Absolutely Protects Subjective-Based Lawyer Rating Systems.
o	In re Walter J. LeBlanc, Jr., 2007 WL 4171106 (La. Nov 27, 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.
o	Disciplinary Counsel v GMP, 116 Ohio St 3d 64 (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.
o	NOBC 2008 Mid Year Meeting (Members Only) Letter from Program Chair Dawn Evans with information regarding the upcoming meeting in Los Angeles from February 6 - 9, 2008.
o	December 2007 President's Page (Members Only) NOBC President Donald Lundberg devotes his latest President's Letter to the special responsibilities of prosecutors. (See June 2007 Case of the Month for related article.)
o	Fieger v Michigan Supreme Court, (ED Mich Sept 4, 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 unconstitutional.
o	Employment Opportunities (Members Only) California Bar entry level discipline trial counsel; ABA Client Protection Associate Counsel
o	National Committee Urges More Action on Senior Lawyer Issues Two national lawyer regulation organizations have joined together for the first time to report on the challenges facing the profession as the number of practicing senior lawyers increases significantly in the coming decade.
o	Alexander v Cahill, WL 2120024; 2007 U.S. Dist. LEXIS 53602 (N.D.N.Y. July 20, 2007). Some of New York's recently adopted advertising rules survive First Amendment challenge and some do not. As a general rule, empirical evidence is necessary to support any state restriction on misleading advertising.
o	New Survey re: Pending Civil or Criminal Litigation (members only) Survey of caselaw and rules on holding disciplinary proceedings in abeyance when related civil or criminal litigation is pending.
o	North Carolina State Bar v. Michael B. Nifong Extraordinary allegations of prosecutorial misconduct allow disciplinary authority to proceed against prosecutor during pendency of criminal case involving the alleged misconduct.
o	2007 International Survey of Attorney Licensing Fees (Members only)
o	Canons of Professional Ethics Centennial Celebration Call for papers. Presentation at Symposium on Regulation of the Legal Profession: Past, Present, and Future. Held at 2008 ABA Ann Mtg in NYC. Abstracts due Aug 1, 2007; papers Mar 1, 2008.
o	Conditional Admission NOBC takes no position on the Proposed ABA Model Rule on the Conditional Admission to the Practice of Law.
o	Wisconsin Seeks Assistant Discipline Counsel (Members Only)
o	Dowling v. Chicago Options Assoc., Inc., (IL. May 3, 2007). IL Sup Ct recognizes new "advance payment retainer" whereby funds for future legal services become the property of the lawyer when paid and need not be held in a client trust account.
o	June 2007 President's Page (Members Only) President Nancy Cohen updates membership on upcoming SF Meeting, NITA training and more.
o	Notice-Forwarding of Complaints to Respondents - Survey Results (Members Only)
o	April Case of the Month Posted Inappropriate Public Criticism of the Disciplinary Process in the Wake of a Disciplinary Sanction May Warrant Further Discipline.
o	Candidate Notice for Aug 2007 Elections (Members Only)
o	Annual Meeting August 8-11 2007 in San Francisco Click on Members/Meetings/Next Meeting for Program & Registration info. See Bus Mtg Materials for Bd election candidate info & a proposed Model Rule on In-House Counsel Registration. See Entertainment for visitor's guide.
o	2007 Diversion Survey Posted (Members Only)
o	March Case of the Month Posted 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 f
o	February Case of the Month Posted A judicial officer should not voluntarily vouch for the character of a disciplined attorney during the course of a reinstatement proceeding.
o	PTO Seeks Attorney-Advisor, Due April 27, 2007 (Members Only)
o	State of Washington Seeks Director of the Office of Disciplinary Counsel Due April 6, 2007 (Members Only)
o	Reciprocal Subpoena Survey Updated! (Members Only)
o	January Case of the Month Posted A chronic history of disciplinary problems does not necessarily preclude reinstatement if a lawyer can establish current moral character and fitness.
o	Diversion Survey Posted
o	December Case of the Month Posted Making material misrepresentations during the course of a disciplinary proceeding warrants disbarment.
o	November Case of the Month Posted An attorney may not maintain a law office in a state where s/he does not posses a law license, even when that attorney merely confers with out-of-state clients by telephone from the in-state office.
o	NOBC Adopts GATS Resolution
o	State Bar of Michigan Seeks Executive Director (Members Only)
o	Miami Mid-Year NOBC Meeting Brochure is now available!
o	Comments to the Final Draft of the Proposed ABA Model
o	NOBC NITA Trial Advocacy Training NOBC Announces October 2007 NOBC NITA Trial Advocacy Program (Members Only)
o	Attorney Registration and Disciplinary Commission Position Available (Members Only) Applications must be submitted by February 16, 2007
o	October Case of The Month Posted Prosecutor/Novelist Engages in Conflict of Interest
o	September Case of The Month Posted Conditioning Federal Reinstatement upon State Court Readmission Does Not Offend the Supremacy Clause
o	Patent and Trademark Office Positions Available (Members Only)
o	Update for 11-13-06 Supreme Court Admission Ceremony (Members Only)
o	August 2006 Case of the Month Posted A lawyer charged with misconduct cannot assert an advice of counsel defense in light of the plain language of court rules.
o	2006 License Fee Survey Posted by Dave Johnson - Members Only
o	July 2006 Case of the Month posted OPR may refer the conduct of an agency lawyer to Bar Counsel even when it does not believe the lawyer’s conduct was an intentional or reckless violation.
o	List of Applicatants for Supreme Court Admission; Form and Fee due August 22, 2006 (Members Only)
o	June 2006 Case of the Month: Supremecy Clause Controls A lawyer suspended 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.
o	May Case of the Month: Duty to Reveal Client's False Tesimony to Tribunal
o	April Case of the Month: Bar's Work Product Protected; Attorney Suspended for Sexual Misconduct
o	Annual Meeting 2006 - Printable Registration Brochure
o	DC Bar Counsel Accepts Applications for Two Attorneys Positions until June 1 (Member Access Only)
o	Minnesota Supreme Court appoints Marty Cole as Director of Professional Responsibility & Client Protection Boards
o	NOBC Board Nominations Being Accepted until May 25, 2006 (Click Meetings/Next Meeting/Business Meeting Materials)
o	IRS Office of Professional Responsibility Staff Attorney Applications Due May 15, 2006 (Members Only Access)
o	March Case of the Month Posted A disparate disciplinary sanction for the same misconduct should not lead to a modification of the sanction absent unique circumstances, such as judicial error.
o	President Cohen Provides Information Client Protection Conference - Members Only
o	Board Posts New Financial Policies (Members Only Access)
o	2006 Annual Meeting News: Bike Hawaii
o	Hotel Reservations for 2006 NOBC Annual Meeting in Hawaii
o	February 2006 Case of The Month Posted Threatening criminal prosecution, 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.
o	NOBC Salary Survey Available to Members Only
o	New Case of the Month Posted: Dennis Dubuc v. John T. Berry, et al.
o	New: NOBC ListServ Guidelines; Join the Listserv
o	(NLS) Sightseeing Ideas and Restaurants for Washington, D.C.
o	Nominations for Hecht Client Protection Award Due 3/1/2006
o	Early-bird registration for the mid-year meeting in February has been extended!
o	President Ours Reflects on Impact of Hurricanes upon Louisiana
o	December Case of the Month Posted!
o	New Dates And Location for 2006 Mid-Year Meeting: Feb. 8 thru 11 in Chicago
o	New Case of the Month Added
o	Inaugural Presidential Message from Fred Ours
o	2005 Licensing Fee Survey Available to Members
o	Chicago Meeting Restaurant Guide Available to Members
o	Nominating Committee Report Available Online to Members
o	Reciprocal Subpoena Rules Available Online to Members!
o	May 2005 Case of the Month Posted 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.
o	Job Posting: Conflict of Interest Advisor in Albania (Members Only)
o	Discounts for Early Meeting Registration Close July 1
o	Grogan Final Presidential Message; Ours to Become President Saturday!
o	Chicago Program and Registration Materials Available (Member Access Only)
o	Proposed By Law Revisions For Chicago Meeting Consideration (Member Access Only)
o	Grogan Releases Preview of Chicago Annual Meeting (August 2005) (Members Only Access)
o	March Case of the Month Added
o	Maine and Colorado Announce Counsel Vacancies (Members Only)
o	Next Meeting:Chicago, Illinois, August 3-6, 2005
o	Updated Flowcharts of Disciplinary Systems, Provided by Gene Shipp (Members Only)
o	Proposed By-Law Revisions for Consideration in Chicago
o	Nominations Sought for Isaac Hecht Client Protection Award
o	NOBC Officers & Committees List updated!