Attorney Misconduct

Judge Ito? Have some of my burrito!

None of what happened in this unusual case would ever have occurred if this law clerk had done his job of minding the jury with proper care, away from the hustle and bustle of a busy downtown diner.

F. Anthony Lubkin, an attorney who was jailed for contempt of court for five days after saying the words “guilty,” “not guilty,” and “innocent” in the presence of an impaneled jury in a murder case he was not associated with. The Michigan Court of Appeals later vacated the contempt order.

Another day, another naked judge. Apparently when you reach the height of your legal career, you completely lose your inhibitions. Today, we’ve got news on a judge who was fired from her position on a high court for her inappropriate behavior.

No, she wasn’t seen in pornographic pictures online, like Madam Justice A. Lori Douglas. It was much more innocent than that — she was exercising and sunbathing naked in her chambers, which happened to be flanked by windows.

As they say online, this thread is worthless without pics. Well, we’ve got one (and it’s safe for work)…

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* Randy Levine, president of the New York Yankees, has left Akin Gump’s dugout. He hopes to hit it out of the park and slide into his new home at Jackson Lewis. Please, no more baseball references. :( [Am Law Daily]

* Thanks to Virginia, the electric chair may be making a comeback when drugs for lethal injection aren’t available. OMG, that’s so freakin’ lame. Bring back the breaking wheel or death by disembowelment. [Gawker]

* A lawyer won’t have to pay an ex-law student $1M after making a hyperbolic challenge in a TV interview. Better luck reading the Leonard v. Pepsico case next time, pal. [Volokh Conspiracy / Washington Post]

* Protip: when you’ve been recommended for suspension for your “contemptuous attitude,” bragging that one of the judges who disciplined you thinks you’re “probably the best DUI lawyer” isn’t smart. [Santa Barbara Independent]

* If you watch The Walking Dead, you’ve probably wondered if all of the killing was legal — because you’re a lawyer, and you can’t enjoy anything anymore. Here’s your answer, from a UC Hastings Law prof. [GQ]

* If you’d like your chickens to live a life of luxury before you eat them and their eggs, then you’re going to love this law in California. If not, you can move to Missouri. See Elie squawk about it here. [ATL Redline]

* Ian Whittle, a recent George Mason Law grad, took a break from watching the saddest Super Bowl ever to save a little girl from drowning in a pond. Check out the news coverage, after the jump. [CBS 6 WTVR]

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Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

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.

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