Attorney Misconduct

Kudos to this guy.

Not only did he rack up a hefty $300,000 sanctions bill for tactics that enraged multiple courts over the years and then fail to pay up, but he also solicited clients with a video vowing to never pay the sanctions against him. In the circles he rolled in, standing up to the government was a big deal.

When a federal district judge came calling for the $80,000 chunk of sanctions this lawyer owed, he cried poverty with a straight face.

Unfortunately, his efforts to shield his million dollar income and profligate spending didn’t hold up…

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[T]he defendant’s practice basically consisted of him showing up at the office every now and again to do a closing and then leaving to go drinking or sleep with his paralegal. You can’t do $33 million in business in real estate closings if that’s what your practice consists of.

– Rhode Island Assistant Attorney General Ron Gendron, commenting on former state Sen. Patrick Timothy McDonald’s conviction for conspiring with his paralegal and sometimes mistress, Kimberly Porter, to embezzle more than $160,000 from his real estate clients.

Recently, the Kentucky Supreme Court rejected a registered sex offender’s application to sit for the Kentucky bar exam. Guy Padraic Hamilton-Smith pled guilty in 2007 to a single charge involving the “possessing or viewing of matter portraying a sexual performance by a minor.” He received a five-year suspended sentence but was ordered to register as a sex offender for the following twenty years. Hamilton-Smith graduated from the University of Kentucky College of Law in 2011. Since graduating, he has been working in a non-lawyer position for the Lexington firm of Baldani, Rowland, and Richardson.

The Kentucky Office of Bar Admissions denied Hamilton-Smith’s application to sit for the bar exam, citing character and fitness concerns. The Office also asked the Kentucky Supreme Court to create a rule that would have kept all registered sex offenders from joining the state’s bar, but the court opted against that suggestion. Instead, the court wants the Office of Bar Admissions to consider bar applicants with sex-offender registration on a case-by-case basis.

What were the particular circumstances in Hamilton-Smith’s case that led the Kentucky Supreme Court to deny his application, despite not creating a blanket rule? Was it the right outcome?

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University of Denver law professor Nancy Leong continues her quest to make the internet safe for female law professors who engage in questionable scholarship. When last we heard from Leong, she was getting called out by Paul Campos for “research” that involved putting up white versus Asian profiles on Ashley Madison.

But Leong is better known for her ongoing dispute with online commenter “dybbuk.” Dybbuk made a number of nasty, racist, and sexist comments about Leong. Leong says that the comments have made her fear for her safety. She’s figured out who Dybbuk really is and is now asking his state bar to launch an ethics inquiry into his online behavior.

If you don’t like people trying to make your life awful, you shouldn’t talk on the internet. I think that rule applies equally to Leong and Dybbuk…

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John Farren and Mary Farren

Lawyers John Michael Farren and Mary Margaret Farren were once a storybook couple. If Above the Law had been around in the nineties, they might have made the pages of Legal Eagle Wedding Watch. Mary Farren practiced energy law at the high-powered firm of Skadden Arps, where she attained the rank of counsel, and John Farren’s résumé was even more impressive: he served as general counsel to Xerox, a Fortune 500 company, before going on to serve as deputy White House counsel under President George W. Bush.

Their success transcended their impressive job titles. She earned $500,000 a year at Skadden; he made millions as GC of Xerox. They had ample material wealth — $3 million in cash here, a $4.6 million mansion there — and two lovely daughters.

And then things went wrong. Horribly, terribly wrong….

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Lawyers are willing to live with a realm of pure law. We are human. What I am beginning to realize is that there are a lot more flaws in the system… The fact is prosecutors and defense lawyers make mistakes. Prosecutors and defense lawyers are human.

Gerard H. Donley, a lawyer currently serving a six-year sentence after attempting to bribe a witness not to testify against his client, reflecting on his life in the law during a jailhouse interview.

Give a hand for the law’s lack of diversity.

* When it comes to the air pollution case that’s currently before the Supreme Court, it seems like the justices had absolutely no difficulty at all in evaluating the type of problem at hand. It’s apparently a “tough” one and a “hard” one. [New York Times]

* Thanks to the historic new Senate rules put into action last month, Patricia Ann Millett, the co-head of Akin Gump’s Supreme Court and national appellate practice group, has been confirmed to the D.C. Circuit. You go girl! [Post Politics / Washington Post]

* The Senate showdown isn’t quite over yet, folks. We could see another confirmation vote on Georgetown Law professor Nina Pillard’s nomination to the D.C. Circuit sometime today. [Blog of Legal Times]

* “We risk failure in having a profession that is as diverse as the country we serve.” OMG guys, the legal profession is bad at diversity. This is new information that no one’s heard before. [National Law Journal]

* Now that the recession is over, women are gaining their jobs back faster than all their male counterparts. Not to worry, guys — they’re still being paid 77 cents to every dollar a man earns. [Corporate Counsel]

* Here are the top five social media mishaps by lawyers and law students of 2013. If you value your career, you should really try not to do any of these embarrassing things during the new year. [Strategist / FindLaw]

Madam Justice A. Lori Douglas

* What led the Senate Democrats to go nuclear? [New York Times]

* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]

* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]

* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]

* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]

U.S. Attorney Preet Bharara

* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]

* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]

* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]

Kent W. Easter

* Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

* Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

* Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

* The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

* Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

* The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

* Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

The best law school professors have practical experience that allows them to draw from personal memory to bring a lesson to life for students. One professor who often lectures students on their ethical obligations can now draw from her own experience to tell students about what happens when lawyers lie to federal judges to help clients perpetrate a fraud.

The irony is scrumptious.

You’d think that getting busted for lying to a judge and benchslapped silly would doom a law professor, but that’s premature. She’ll probably lose her job for failing as a professor first….

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