Attorney Misconduct

Morning Docket

Morning Docket: 03.28.16

* The ABA has placed Arizona Summit Law School on probation for its poor bar exam passage rates and questionable admissions practices. How will this affect the school's affiliation with Bethune-Cookman University? Will the Department of Education strip the law school of access to the federal student loan program like what happened with Charlotte School of Law? We'll have more on this later today. [Arizona Republic] * More Democratic senators have announced their opposition to the confirmation of Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit, but the White House is calling for a "fair, up-or-down vote." Hmm, when the previous administration called for a hearing followed by a "fair, up-or-down vote" for Supreme Court nominee Judge Merrick Garland of the D.C. Circuit, the request went completely ignored. [Reuters] * The Eastern District of Texas is home to more than 40 percent of all patent lawsuits, but the Supreme Court may decide to send patent trolls packing to other jurisdictions when it hands down its ruling in TC Heartland v. Kraft Foods. This case may not only resolve a Federal Circuit decision that's at odds with SCOTUS precedent, but it may bring forum shopping in patent cases to an end. [DealBook / New York Times] * As we mentioned previously, it was rumored that President Donald Trump would be nominating White House deputy counsel Makan Delrahim to lead the Justice Department's Antitrust Division. It looks like Trump finally decided to pull the trigger to elevate Delrahim to the position. He'll need to be confirmed by the Senate, which should be a relative breeze for him compared to other Trump nominees. [Law 360 (sub. req.)] * Eric Conn, a Social Security disability lawyer known as "Mr. Social Security," recently pleaded guilty to one count of theft of government money and one count of payment of gratuities in the largest Social Security fraud scheme in recent memory, submitting false medical paperwork and fake claims to the Social Security Administration to the tune of $550M. He earned himself more than $5.7M in fees as part of the scam. [WSJ Law Blog]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.22.17

* "When anyone criticizes the honesty, integrity, the motives of a federal judge, I find that disheartening. I find that demoralizing, because I know the truth." During the tail end of the second day of his marathon confirmation hearing, Judge Neil Gorsuch let it be known for the first time publicly that he wasn't pleased with President Trump's attacks on his judicial colleagues. [CNN] * While the legal world was preoccupied with Judge Gorsuch's confirmation hearing yesterday, SCOTUS was still on the job, with the justices busy putting the kibosh on some presidential appointment powers. In the future, a person will be unable to serve as the acting head of a federal agency once the president nominates him to permanently serve in the role if it is a position that requires Senate confirmation. [Reuters] * After four years, Dean Jay Conison of the beleaguered Charlotte School of Law has stepped down. The for-profit school had seen some of its worst days under his leadership, including its graduates' plummeting bar exam passage rates and its students' loss of access to the federal loan program this past December. While loans seem to have been restored for students this semester, the school may yet close. [Charlotte Observer] * This could explain the firm's humungous national bonuses: Vinson & Elkins had its best year ever in 2016, posting record gross revenue, net income, revenue per lawyer and profits per partner. Now that the firm is playing with the big boys, it's paying like the big boys. As noted previously, V&E has officially committed to paying the new, Cravath-inspired $180K starting salary in every market where it has an office. [Texas Lawyer] * "It truly is an embarrassment." Philadelphia DA Seth Williams has been indicted on corruption and bribery-related charges. He stands accused of accepting a trip to Punta Cana, a Jaguar convertible, a custom sofa, and other gifts in exchange for fixing cases for friends. The City Law Department was paying an attorney from Morgan Lewis to represent Williams, but now refuses to continue to do so. [Philadelphia Inquirer]

By Staci Zaretsky
Morning Docket

Morning Docket: 12.19.16

* Uh-oh! What's going on at Kirkland & Ellis? Sources say that the firm recently changed its framework for allocating equity partner profits, making deep cuts to some partners' shares. Litigation partners were reportedly hit so hard by these changes that multiple sources called the situation a "bloodbath." We'll have more on this later. [Am Law Daily] * Talk about a money shot: Attorneys Paul Hansmeier and John Steele, formerly of Prenda Law, have been charged in a "massive extortion scheme" after allegedly uploading porn videos they produced themselves to file-sharing websites so they could then sue those who downloaded the films for copyright violations. [NBC News] * Kerrie Campbell, the Chadbourne & Parke partner who sued her firm for $100 million over allegations of gender discrimination, has asked a court to dismiss C & P's counterclaim, referring to the claims therein as "in terrorem tactic" to silence other women at the firm and elsewhere who have similar bias claims. [Big Law Business] * Here's a question that far too many law school deans were faced with this fall: "What's the best way to share a school's bad bar exam results?" Some chose to be blunt and others chose to be empathetic, but at the end of the day, the news is devastating to recent graduates, so there's only so much one can really do to soften the blow. [ABA Journal] * Charleston church gunman Dylann Roof was convicted on federal hate crime charges and is now awaiting the punishment phase of his trial. In case you didn't know, he's also waiting to stand trial on state murder charges, which means he's the first person in the modern era to face the possibility of federal and state death penalty sentences. [Reuters]

By Staci Zaretsky
Morning Docket

Morning Docket: 12.14.16

* "As a federal prosecutor for 19 years… I know better." Leslie Caldwell, who oversees the Justice Department’s criminal division, sent a letter of apology to federal prosecutors across the country for remarks made at a Federalist Society event where she intimated that many of them don't understand rules for white-collar criminal cases. [WSJ Law Blog] * It seems that D.C.-based Crowell & Moring and New York-based Herrick Feinstein are hoping to bump into each other under the mistletoe this year, because they're reportedly in close merger talks. A combination would create a firm with about 570 lawyers and $478 million in gross revenue. We'll have more on this later. [Am Law Daily; Real Deal] * Biglaw behemoth Dentons is politely bowing out of the competition when it comes to a takeover of the European and Middle Eastern arm of King & Wood Mallesons. With Dentons out of the picture, it's unlikely that a single firm will rescue the entirety of the branch, but numerous firms are interested in picking apart bits and pieces. [Legal Week] * Calling their behavior "uncivil," Judge Steven O'Neill was forced to scold lawyers on both sides during a dramatic shouting match that erupted at Bill Cosby's sexual assault trial after the defense team insisted that the comedian's accusers ought to be named in public documents, saying they're "witnesses in a trial, not children." [USA Today] * Miami-Dade Circuit Court Judge Victoria Brennan, who was accused of using a metal pipe to smash a man's windshield this summer (but was never formally charged), is going to step down from her position on the bench. Her last day will be December 31, and per her resignation letter, she is "looking forward to the future." [Miami Herald]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.30.16

* Fresh off a five-month stint in prison for defrauding clients, Todd Malacuso, a lawyer who once represented Casey Anthony, has been arrested and accused of conspiring to smuggle almost two tons of cocaine into the United States from Central America on his own plane. He's being held without bail as he's been deemed a flight risk. [Daily Mail] * "Taking a fee when you’ve got people literally still paying off their credit cards is a lot different than when it’s essentially found money for the plaintiffs." In a wide-ranging interview, Jason Forge, a partner at Robbins Geller, explains why plaintiffs' lawyers in the Trump University fraud case decided to forgo attorneys' fees. [WSJ Law Blog] * SCOTUS justices seem poised to block Texas from executing a man due to the fact that an outdated definition of intellectual disability is being used in its capital punishment regime. Justice Stephen Breyer said that the Texas standard to determine impairment "would free some, while subjecting others to the death penalty." [USA Today] * "We are refusing to comment on speculation around partners being in discussion with other firms." Biglaw firms are circling King & Wood Mallesons like vultures, hoping to pick off partners as its EUME operations struggle. Goodwin Procter and Chadbourne & Parke are reportedly in talks to extend offers to KWM partners. [Big Law Business] * According to the Committee on Capital Markets Regulation, President-elect Donald Trump and a Republican-led Congress may be able to tweak some elements of Dodd-Frank without completely dismantling or rewriting the law. After all, "federal agencies have wide latitude to undo reforms" and "there is room to change things." [Reuters]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.16.16

* Plaintiffs in the Trump University fraud class-action lawsuit are sick and tired of waiting for their claims to be heard. They want the trial to proceed as scheduled, the defendant's presidential duties be damned, writing, "The court has been more than generous in accommodating defendants’ multiple delay requests, but after 6 1/2 years of waiting, plaintiffs cannot afford any further delays." [Big Law Business] * Poor Merrick Garland: After more than 243 days of waiting for a hearing as President Barack Obama's Supreme Court nominee, he'll return to his seat as the chief judge of the D.C. Circuit, the second highest court in the land, in January 2017. The man is a true gentleman, an "example of how to act with dignity and class and character." [CNN] * "If president-elect Donald Trump follows through on his campaign promises, people’s rights will be in jeopardy." Since Donald Trump's victory in the election, the American Civil Liberties Union has raised a record amount -- more than $8.2 million poured in from more than 100,000 donors in the span of less than a week. [WSJ Law Blog] * Much to LSAC's chagrin, the LSAT may not be the only admissions testing prerequisite in town for prospective law students anymore. Law schools seem particularly eager to allow would-be students to take the GRE, which is offered throughout the year, as opposed to the LSAT, which is only offered four times a year. [National Law Journal] * Michael Fine, the Ohio lawyer who was disbarred for hypnotizing his female clients and sexually assaulting them, has been sentenced to 12 years in prison after pleading guilty to five counts of kidnapping with sexual motivation and one count of attempted kidnapping. Fine must register as a sex offender. We'll have more on this later. [Reuters]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.21.16

* Rhonda Crawford, the Illinois law clerk who allegedly posed as a judge and was running unopposed for her own judgeship, was indicted for her judicial impersonation. Crawford does not intend to drop out of the race for a seat on the bench, despite the state bar ethics commission seeking to suspend her license to practice. [Chicago Tribune] * London firms CMS and Olswang are merging with international firm Nabarro for a three-way combination that's set to close in May 2017 and operate under the name CMS Cameron McKenna Nabarro Olswang, but rumor has it an American firm wants to get in on the action. Will Hunton & Williams join in for four-way fun? [The Lawyer] * "[M]aybe Republicans can stop with the 60-something repeal votes they've taken ... and just work with the next president to smooth out the kinks." President Obama hopes that maybe when his second term in the White House is over, his signature healthcare law can be fixed. He doesn't even care if they change its name to "Reagancare." [Reuters] * "The panic is starting to set in. Those who have a lot of interests at stake need to do work now." Lawyers across the pond are poised for a profitable 2017 thanks to people scrambling for legal advice following Brexit, but those billables won't last forever; after all, lawyers aren't "immune to a broader economic slowdown." [Big Law Business] * More law schools are partially or completely covering bar exam preparation costs for their students, but with pass rates plummeting across the nation, you must be curious if this trend has had any positive effect. It worked for Loyola New Orleans and Southern University, whose pass rates for first-timers increased quite a bit. [ABA Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 08.09.16

* Did Chief Justice Roy Moore of the Alabama Supreme Court commit judicial misconduct when he instructed probate judges that the state's same-sex marriage ban was still in effect despite the Supreme Court's decision in Obergefell? The state's Court of the Judiciary has set a date for a trial-like proceeding on the ethics charges Moore faces for late September. [ABC News] * If you want to go to law school and you've got your heart set on a particular institution, it may be in your best financial interests to apply early decision. A few law schools are now offering significant scholarship opportunities to early applicants -- in some cases, full tuition scholarships are being handed out. [Law Admissions Lowdown / U.S. News] * "Even innocent clients may not benefit from the fraud of their attorney." Chevron Corp. has prevailed in a long-running environmental law case set in an Ecuadorian rainforest. Lawyers for the oil and gas company convinced the Second Circuit that an $8.65 billion judgment was obtained through attorney Steven Donziger's bribery and fraud. [Reuters] * The family of slain Florida State law professor Dan Markel has accepted a $40,000 settlement from the Consolidated Dispatch Agency in connection with a wrongful death case. Due to an "error by dispatchers," it took approximately 19 minutes for ambulances to arrive at Markel's home as he lay dying after being shot. [Tallahassee Democrat] * This is why indebted law students can't have nice things: while the American Bar Association may have changed its tune when it comes to law students earning pay for credit-bearing externships, it will allow law schools to be the ultimate arbiters on whether academic credit will still be offered for these job placements. [Law.com]

By Staci Zaretsky