http://myshingle.com/2005/01/articles/ethics-malpractice-issues/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/ Great Things Come in Small [Law] Practices! Thu, 09 Feb 2012 04:09:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://myshingle.com/2005/01/articles/ethics-malpractice-issues/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/comment-page-1/#comment-149 Carolyn Elefant Fri, 14 Jan 2005 09:21:31 +0000 http://174.120.83.8/~sh1ngl3/82/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/#comment-149 David is right. The only gripe I had in this situation about the disciplinary system was the judge's decision to refer the case to the bar after he assessed the $20,000 fine. The fine alone should have been enough - and as I pointed out above, there were mitigating circumstances. Of course, at this point - after the contempt charges, avoiding the depositions, etc...even I have to admit that some review by the Bar might be warranted. As I point out, the guy's actions are not appropriate even as an attorney - and it certainly would not be appropriate for him to counsel clients to the same actions. David is right. The only gripe I had in this situation about the disciplinary system was the judge’s decision to refer the case to the bar after he assessed the $20,000 fine. The fine alone should have been enough – and as I pointed out above, there were mitigating circumstances. Of course, at this point – after the contempt charges, avoiding the depositions, etc…even I have to admit that some review by the Bar might be warranted. As I point out, the guy’s actions are not appropriate even as an attorney – and it certainly would not be appropriate for him to counsel clients to the same actions.

]]> http://myshingle.com/2005/01/articles/ethics-malpractice-issues/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/comment-page-1/#comment-5238 Carolyn Elefant Fri, 14 Jan 2005 09:21:00 +0000 http://174.120.83.8/~sh1ngl3/82/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/#comment-5238 David is right. The only gripe I had in this situation about the disciplinary system was the judge's decision to refer the case to the bar after he assessed the $20,000 fine. The fine alone should have been enough - and as I pointed out above, there were mitigating circumstances. Of course, at this point - after the contempt charges, avoiding the depositions, etc...even I have to admit that some review by the Bar might be warranted. As I point out, the guy's actions are not appropriate even as an attorney - and it certainly would not be appropriate for him to counsel clients to the same actions. David is right. The only gripe I had in this situation about the disciplinary system was the judge’s decision to refer the case to the bar after he assessed the $20,000 fine. The fine alone should have been enough – and as I pointed out above, there were mitigating circumstances. Of course, at this point – after the contempt charges, avoiding the depositions, etc…even I have to admit that some review by the Bar might be warranted. As I point out, the guy’s actions are not appropriate even as an attorney – and it certainly would not be appropriate for him to counsel clients to the same actions.

]]> http://myshingle.com/2005/01/articles/ethics-malpractice-issues/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/comment-page-1/#comment-148 David Giacalone Fri, 14 Jan 2005 07:59:25 +0000 http://174.120.83.8/~sh1ngl3/82/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/#comment-148 Carolyn, I don't see anything in your post that "reflects much that's wrong with the disciplinary system." The idea that assessing a frivolousness fine should bar an ethics referal makes even less sense than saying a criminal defendant who makes retribution when caught for stealing shouldn't face indictment. Adams brought much of this trouble on himself and his actions certainly suggest the need for at least a close look by Bar Counsel. Carolyn, I don’t see anything in your post that “reflects much that’s wrong with the disciplinary system.” The idea that assessing a frivolousness fine should bar an ethics referal makes even less sense than saying a criminal defendant who makes retribution when caught for stealing shouldn’t face indictment.
Adams brought much of this trouble on himself and his actions certainly suggest the need for at least a close look by Bar Counsel.

]]> http://myshingle.com/2005/01/articles/ethics-malpractice-issues/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/comment-page-1/#comment-5237 David Giacalone Fri, 14 Jan 2005 07:59:00 +0000 http://174.120.83.8/~sh1ngl3/82/how-a-little-lawsuit-now-threatens-a-lawyers-career-and-how-to-avoid-this-mess/#comment-5237 Carolyn, I don't see anything in your post that "reflects much that's wrong with the disciplinary system." The idea that assessing a frivolousness fine should bar an ethics referal makes even less sense than saying a criminal defendant who makes retribution when caught for stealing shouldn't face indictment. Adams brought much of this trouble on himself and his actions certainly suggest the need for at least a close look by Bar Counsel. Carolyn, I don’t see anything in your post that “reflects much that’s wrong with the disciplinary system.” The idea that assessing a frivolousness fine should bar an ethics referal makes even less sense than saying a criminal defendant who makes retribution when caught for stealing shouldn’t face indictment.
Adams brought much of this trouble on himself and his actions certainly suggest the need for at least a close look by Bar Counsel.

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