Legal Ethics

* More law school graduates are trying to get their day in court for bankruptcy protection. Looks like these people didn’t read their student loan MPNs carefully (or at all). They state pretty clearly that you’re screwed for life. [Reuters]

* Part-time programs are closing their doors. Even Cooley Law took a hit, trimming its incoming class by one-third. Now, only 57 bajillion students get to attend the nation’s second-best law school. [National Law Journal]

* James R. Silkenat was selected as the president-elect at the ABA’s Midyear Meeting, meaning his ascension to the presidency is “virtually assured.” We can only hope that his leadership is as awesome as his combover. [ABA Journal]

* PETA’s Thirteenth Amendment whale slavery lawsuit is heading to court today in California. Maybe we’ll see if what SeaWorld calls a “baseless” and “offensive” lawsuit has got legs. Or flippers. [CNN]

* Polygamy for all! Kody Brown’s bigamy lawsuit will proceed in Utah thanks to Jonathan Turley’s lawyering. Are we going to see the drama play out on season three of Sister Wives this spring? [Associated Press]

* It turns out that Dr. Susan Friery, one of the Boston Globe’s beautiful Massachusetts lawyers of 2009, is just a doctor of laws. She was suspended for claiming otherwise late last week. [Thomson Reuters News & Insight]

* Joshua Monson, the suspected serial lawyer stabber, must regret this missed opportunity. While signing documents with his weapon of choice, he allegedly punched a corrections officer in the face. [Daily Herald]

* Patriots running back BenJarvus Green-Ellis, otherwise known as “The Law Firm,” was supposed to go to law school. And even even with that loss, it looks like he still picked the right career path. [New York Times]

Morning Docket: 02.03.12

Touchdown Biglaw!

* New York is considering allowing nonlawyer ownership of equity in law firms. If that somehow means we’ll see less Jacoby & Meyers commercials on television, then I’m definitely all for it. [Thomson Reuters News & Insight]

* Football’s labor lockout legal fees: which Biglaw firms scored huge touchdowns thanks to their collective bargaining work? The three top billers included Latham, Dewey & LeBoeuf, and Patton Boggs. [Am Law Daily]

* The sanctions for filing a 9/11 conspiracy claim cost $15K, but forever being remembered as the lawyers who got benchslapped for drafting “a product of cynical delusion and fantasy” is priceless. [Reuters]

* Jared Loughner is still incompetent to stand trial, and he’ll remain in the loony bin for another four months. You know what that means? Time to make this kid swallow some more pills. [Arizona Republic]

* A panel of law professors over at Harvard thinks that while law schools have problems, but they’re certainly not in crisis mode yet. Not yet? You hear that Team Strauss/Anziska? Needs moar lawsuits! [Harvard Crimson]

* Well, that was a short-lived victory. Heather Peters, the former lawyer who beat Honda in small claims court, is preparing to do battle with the car company in Superior Court. [Los Angeles Times]

Morning Docket: 01.26.12

* Illinois is suing Standard & Poor’s, accusing the financial services company of misleading investors and putting the country in the poorhouse thanks to its high ratings for mortgage-backed investments. [Washington Post]

* CHECK YOU LATERALS: William Burck, who served in the White House counsel’s office under President Bush, is leaving Weil to co-manage the Washington, D.C. office of Quinn Emanuel. [Thomson Reuters News & Insight]

* Groupon: now ethical for advertising legal services in New York thanks to this recent opinion from the New York Bar Association Committee on Ethics. Will Biglaw start catering to deal hunters? Prediction: hell no. [WSJ Law Blog]

* Get off my lawn, you damn kids! A lawyer from Long Island was arrested after firing a warning shot into the air and holding a neighborhood teen at gunpoint following several rounds of “ding dong ditch.” [CBS New York]

* A woman is suing Lindsay Lohan, claiming that LiLo hit her with her Maserati. She’s suffered from disabling personal injuries, pain, anguish, and a lack of settlement money. [Daily Mail]

* After an alleged freaky sex-and-drugs party, all Angelica Marie Cecora wants from Oscar de la Hoya is $5M and an apology. Is that really too much to ask? [New York Daily News]

The crash of the cruise ship Costa Concordia January 13 was a real tragedy. More than a dozen people died, and more are still missing. The overturned ship is still languishing off the Mediterranean coast, like a set from an old disaster movie.

For most people, a tragedy like this might lead to feelings of empathy or shock. For many lawyers, on the other hand, the crash might conjure thought-bubbles full of dollar signs and random vocal outbursts, a la “I’m the king of the world!”

But one New York personal injury lawyer involved in helping real crash victims has become a hero of sorts for turning in a trio of Hungarian scammers allegedly hoping to cash in on the crash.

This guy is awesome. When people hate on attorneys, everyone should remember his name as a defense of the profession. So what exactly did our protagonist do to make him today’s Lawyer of the Day?

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Morning Docket: 01.20.12

That's sexual harassment, but you probably want to take it.

* Listen up, internet pirates: if your license plate says “GUILTY,” it’s almost like you’re doing the DOJ’s job for them. More on this later. [Blog of Legal Times]

* Say cheese, because you’ll want to catch this first on camera. Sullivan & Cromwell is serving as lead counsel on Kodak’s bankruptcy case. [Am Law Daily]

* Protesting fail: looks like New York’s Occupy the Courts group won’t even be able to occupy the courthouse steps today. [Bloomberg]

* Stephen Colbert’s lawyer, Trevor Potter of Caplin & Drysdale, is now an internet celebrity. He’s a UVA Law grad, so pop your collars. [Chicago Tribune]

* Sexting extraordinaire Ken Kratz is fighting the suspension of his law license, because if he can’t practice as an “atty,” how can he be the prize? [Wisconsin State Journal]

* Apparently lots of DAs like to sexually harass their coworkers. Myrl Serra has been sentenced to one year for exposing himself at the office. [Denver Post]

Johnathan Perkins

When it comes to the protagonists of 2011′s biggest legal stories, our readers want to know: Where are they now? Last week, for example, we brought you an update on Casey Anthony, which generated keen interest (and traffic).

The recent alleged misadventures of certain UVA Law School students — students accused of breaking and entering, students accused of bothering bikers (to be fair, some bikers are obnoxious and deserve what they get) — have caused commentators to wonder: Whatever happened to Johnathan Perkins?

Johnathan Perkins was the then-3L at UVA Law who confessed to fabricating a tale of racial harassment by university police. As a result of his dishonesty, did he have to go before UVA’s famously strict Honor Committee? Did he end up getting his law degree? There was some ambiguity over whether he would graduate.

We have an update, based on a statement from the dean of the law school….

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John Roberts

I have complete confidence in the capability of my colleagues to determine when recusal is warranted. They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.

– Chief Justice John Roberts, defending the Supreme Court’s ethical standards in light of calls for Justices Clarence Thomas and Elena Kagan to recuse from the controversial health care case that will be argued before SCOTUS in March. The Chief Justice’s comments were made in his 2011 Year-End Report on the Federal Judiciary.

Scott Rothstein

You don’t want to have marijuana dealing from the middle of your law office because I was running a giant Ponzi scheme out of there.

Scott Rothstein, convicted Ponzi schemer and disbarred attorney, commenting during a deposition about his attempts to stop former Rothstein Rosenfeldt Adler employees from dealing drugs in the office.

It seems there is an interesting emerging trend in litigation these days: When a ruling doesn’t go your way, just make an appeal alleging judicial conflict of interest.

Same-sex marriage opponents wanted California judge Vaughn Walker to recuse himself from Prop. 8 hearings because he is gay. If and when the Supreme Court decides to rule on Obama’s healthcare law, some people have called for Clarence Thomas to recuse himself because of his wife’s outspoken work to repeal the act.

And yesterday, an Illinois woman convicted of child battery lost her appeal for a new trial. She appealed on the basis that the judge in her case’s adult children are Facebook friends with her alleged victim’s family….

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Last week, we mentioned in Non-Sequiturs that the results for the November administration of the MPRE had been released. While most were elated with their scores, others had a serious case of the WTFs (i.e., “WTF, how did I fail this stupid multiple-choice test?!”). If you’re a member of the latter camp, you might be wondering what you can do to get a passing score for your state.

Worry not, law students, because we’ve got a solution for you. Enter the People of Channel 38 — three recent law school graduates who will school you on all things related to legal ethics in musical form. With their help, maybe you’ll pass the test next time. The fifth time is the charm, right?

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Tamara Tanzillo

Yesterday, we brought you the titillating tale of Tamara Tanzillo. In case you haven’t been following along, Tanzillo, an Illinois attorney, has been accused of a number of racy, ethical transgressions, all of which were detailed in our prior coverage.

Attorneys with breast implants and alleged exhibitionist tendencies are apparently the key to success in the law blogging world, because the story went viral. Readers have requested more information about our favorite Boss Lady, and we are more than happy to oblige.

Read on to get all of the details about this fiery, legal redhead — including her bra size….

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Not Tamara Tanzillo (her pic is after the jump).

Here at Above the Law, we write all the time about lawyers who have allegedly committed misconduct. And when some of these lawyers go off the deep end, you just feel bad for them. You want to give those poor souls a hug.

But when the rest of these lawyers decide to let their freak flags fly, you feel the urge to instantaneously friend them on Facebook. Instead of a hug, you’d like to buy them a beer, or better yet, a shot.

For example, take the case of Tamara Tanzillo. Back in 2009, she was fired from her job with the Illinois Department of Health and Family Services for engaging in “arguably decadent personal behavior.”

But what does that mean? Let’s find out — and have a look at the rather attractive Tanzillo, too….

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Judge Matz

[T]his Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court.

– Judge A. Howard Matz of the Central District of California, benchslapping federal prosecutors — and vacating the convictions, and dismissing the indictment — in a high-profile Foreign Corrupt Practices Act prosecution. (Gavel bang: Daniel Fisher.)

(Additional links and information about this case — if you do FCPA or white-collar criminal work, this may be of interest to you — after the jump.)

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When you are representing someone you have love and affection for, you’re going to work twice as hard and there’s no question about it. It is not a detriment to the relationship. My advice to a woman going through a divorce is, find a competent trial lawyer and make him your boyfriend.

Zenas Zelotes, a bankruptcy attorney, giving reported testimony to the Connecticut Statewide Grievance Committee about his “intimate” client relationships. Needless to say, the Committee recommended disciplinary action. Zelotes is appealing the decision.

'She was just asking me for directions, officer.'

* Three days after arguing that an alleged Sandusky victim’s lawsuit lacked any factual basis, Second Mile decided to settle. Better strike while the iron is hot (and the wallet is open), lawyers. [Bloomberg]

* So much for that “real shot,” huh? After a failed bid for bail, Galleon Group’s Raj Rajaratnam will begin serving the longest insider trading sentence ever come Monday. [DealBook / New York Times]

* A memo to all Biglaw bachelors: if your game is anything like that of Kenneth Kratz’s, then it’s not just ethics boards who will think you have an “offensive personality.” [Milwaukee Journal Sentinel]

* In Tampa, purchasers of prostitutes’ services will now have their cars impounded. Good thing Miami isn’t adopting this law, eh, Professor Jones? (Allegedly, of course.) [St. Petersburg Times]

* Law school is really tough, so the GMU Law administration has some advice for you: the best way to avoid becoming an alcoholic basket case is to play with cuddly puppies. [Washington Post]

Now THIS is a legal ad.

It’s easy to forget that lawyering is a business that requires a significant amount of advertising. Lawyers offer a service, and as many unemployed attorneys know, the profession includes lots of people doing essentially the same work. You have to find your customers to make it rain.

For more and more attorneys, blogging has become one part of an overall marketing strategy. Is law blogging always advertising? The Virginia State Bar seems to think so. Last month, it disciplined a small-firm attorney for not providing adequate advertising disclaimers on his blog.

Is the Bar, as Judge Richard Posner likes to say, being an ostrich? Is it sticking its head in the sand and ignoring the current technological paradigm — or is there a legitimate ethics concern here? Let’s see….

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Sorry to disappoint the snake-oil salesmen, but in this small post I will buck the trend, and debunk the fallacy of non-practicing lawyers who write books about social media for lawyers. Here, today my friends, I will tell you everything you need to know about the complicated and scary topic of: how to talk to people on the internet like a normal person.

Facebook

If you think Facebook is code for “high school,” you’re correct. But if you live in the same town you went to high school, why not connect with your loser friends who have some mid-level job? They need lawyers. Yes, as part of reconnecting with your past you’ll experience the joy of seeing that girl you wanted to date has moved to some small crap town and married Jim, who’s prematurely bald but “an awesome husband,” but so what?

Do not post every single picture you take of your kids, dogs, in-laws with your kids, kids with your dogs, the 189 pictures of your vacation, or “fake” complain about the first class service on some airline. You’re practicing law, not creating a family scrapbook.

Do not have a Facebook fan page for your law firm. No one should ever be a fan of a law firm. You are not a “rock star” and even if you were, rock stars do not ask people to be their fans. It just happens with good music. Asking people to be your “fan” may also violate your state bar ethics rules, if that kind of nuisance interests you — you know, ethics rules….

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This version of her face was better.

* Grassley, if you think a letter will get the SCOTUS health care arguments on TV, then you probably think the ABA is going to do something about your letters to them, too. Aww. [Blog of Legal Times]

* When in doubt, get the f**k out. Take this expert advice from Judge Paul Hawkes: the best way to avoid an ethics hearing is to quit resign from your job. [Palm Beach Post]

* Mmm, “law school porn.” So thick, so long, so… stupid. Just think of all of the other bigger and better things that law schools could be spending your tuition money on. [National Law Journal]

* And in real porn news, a litigant says that Jenna Jameson is “possessed.” But was he talking about her case, or the evil plastic surgery demon who did a number on her face? [Chicago Tribune]

* Gary Busey is being sued for walking under the influence at an Oklahoma airport. Applicable Buseyism? CRAP: Colliding Recklessly Against Passengers. [International Business Times]

Chief Judge Amanda Williams

Because of your disdain for the young man’s use of the term ‘baby momma,’ you ordered that the defendant be summarily jailed.

– An excerpt from a Judicial Qualifications Commission complaint filed in Georgia against Chief Superior Court Judge Amanda Williams, who oversees the operation of state’s largest drug court. Williams faces an ethics complaint for “using tyrannical partiality” on the bench.

When a tipster sent us an e-mail with the subject, “Court awards $700,000+ in sanctions for destruction of FB page,” I thought it sounded like it might be interesting. Because hey, that’s a lot of money.

I didn’t realize it would also be one of the most depressing legal news stories I’ve read since this tragic murder-suicide.

The three-quarters-of-a-million-dollar sanction award was levied against the widower of a woman killed in a car accident and the widower’s lawyer. The ruling was an abrupt table-turn for Isaiah Lester, who had previously won a $10 million wrongful death suit against the driver whose truck overturned and killed his wife.

Keep reading for the depressing details….

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