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In another ABA Journal article, a lawyer in Kansas who told jurors his capital murder client was a “professional drug dealer” and a “shooter of people” has been disbarred for “inexplicable incompetence.”

The Kansas Supreme Court posted its opinion (PDF) on Friday as well as a video of oral arguments in which Dennis Hawver appeared dressed as Thomas Jefferson. (A good shot of his attire is at five minutes and 17 seconds; his argument begins at 22 minutes and 38 seconds.) The Wichita Eagle has coverage.

The video of the Supreme Court hearing is long, almost 42 minutes, and it is sad to watch the attorney argue to keep his license, all the while dressed as Thomas Jefferson.

Mr. Hawver’s explanation for his attire was that Jefferson is his hero and said he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

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According to an article in the ABA Journal, The State Bar of California is firing back after its former executive director claimed in a lawsuit that he was fired for exposing “egregious improprieties.”

The bar says the lawsuit by fired executive director Joe Dunn is “baseless” and his claims of being a whistleblower are

Senator Joe Dunn 2

Senator Joe Dunn 2 (Photo credit: Wikipedia)

“bewildering” because it was his job to manage the bar’s operations and employees.

Dunn claimed in his lawsuit (PDF) that he was told of his firing Nov. 7, just days after he and seven other anonymous complainants filed whistleblower notices with the bar. The bar publicly announced Dunn’s departure last Thursday, and Dunn filed his suit a few hours later.

The state bar emphasizes different points in the timeline of events.

“The lawsuit filed by Mr. Dunn is baseless,” the statement says, “and falsely suggests that the termination decision was motivated by the receipt of letters from [Dunn’s] attorney Mark Geragos stating that unnamed whistleblowers had complaints regarding state bar officials and operations.”

“At no time prior to Nov. 13 was Joe Dunn ever identified as a whistleblower, and he never brought any such claims to the board,” the statement says. “Indeed, it’s bewildering to hear Mr. Dunn claim he is a whistleblower since as the executive who is head of the entire organization he is responsible for managing operations and the over 500 employees, and he only belatedly raised claims after he was given notice of termination of his employment agreement, and after a settlement discussion with his counsel at the Girardi & Keese firm reached an impasse on Nov. 12.” Dunn was never identified as a whistleblower during those discussions, the bar said.

Many accusations by both Dunn and the Bar have been made.  You can check out the first article in the ABA Journal here and the subsequent article here.  Go to this link, for more on the current article in the ABA Journal.

 

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The California Bar Journal reported that due to budget cuts, the state’s trial courts have been devastated. To see where the closures have occurred in your county and which parts of the state have been hit the hardest, click on this link.  On the Interactive Map, if you run your mouse over the counties, it will show you how many courtrooms were closed.  Also, you can take a poll on how you and your clients have been affected by the budget cuts.

I know for our county, we are seeing longer lines at the clerk’s office, less people behind the counter to assist the public, and many documents now have to be dropped for filing.

 

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Orange County Superior Court Judge Scott Steiner and Kern County Superior Court Judge Cory Woodward exhibited the “height of irresponsible and improper behavior” with their “intimate relationship[s],” the Commission on Judicial Performance said.

“It reflects an utter disrespect for the dignity and decorum of the court and is seriously at odds with a judge’s duty to avoid conduct that tarnishes the esteem of the judicial office in the public’s eye,” the order imposing censure on Steiner said.

Read more: http://www.therecorder.com/id=1202668718176/Two-Judges-Draw-Censures-for-Courthouse-Sexual-Affairs#ixzz3CScEeON0

According to the article, neither judge was removed from the bench, because they admitted having sex in chambers and showed remorse.  This goes to show that even judges make wrong decisions.

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According to the ABA Journal, a Connecticut lawyer has been suspended for four months and barred from representing female clients for the rest of his career after he was accused of representing women in family law and domestic-violence cases in violation of a 2010 court order.

The disciplinary counsel had initially sought disbarment for lawyer Ira Mayo, alleging he had violated the court order at least 11 times, the Connecticut Law Tribune reports. Mayo agreed to the suspension and ban on representing women to resolve the disciplinary complaint.

Mayo was accused in two prior ethics cases, according to the Connecticut Law Tribune. In the first he was suspended for 15 months after he was accused of making unwanted advances to female clients referred to him by a group for abused women, the story says. In the second, he was banned from representing women in family law or domestic violence cases after he was accused of offering to waive attorney fees in exchange for a massage.

The short suspension for lawyer Ira Mayo outraged a woman who filed a recent grievance against Mayo after he represented her on assault charges in a domestic-violence case, the Connecticut Law Tribune says. Leah Castro called the short suspension “a slap on the wrist” and told Connecticut Law Tribune she believed he should be disbarred.

Some of the comments on this ruling are below:

“As an attorney, it is clear to me this man should be disbarred.  As a woman, the actions of the Connecticutt Discipline system indicates a problem with their valuation of these issues.  Consider if the discipline would be the same if this man repeatedly made unwanted sexual advances and actions against males.  I think not.  As a retired prosecutor, it is clear this man is a sexual predator.  Another reason to disbar.”

As a young solo practitioner in a small town I took over the office lease from a downsizing sole practitioner who specialized in small divorce actions – great location right across the street from the courthouse. Ground floor storefront + a great brick loft style mezzanine with a skylight.

He said that I could buy as much of the office furniture as I wished except for one piece and he pointed to a cheep looking 3’x3’x3’ laminated cube on which he had placed a coffee maker and cups. Puzzled, I asked “what is it”. He then pulled out a tab and out flopped … a spring loaded single bed. He then looked at me with a mischievous grin and quickly added “I have negotiated many a fee on this bed! It has too much sentimental value for me to part with.

He was not an attractive man; 60; fleshy, paunchy, and red cheeked from 5,000 too many liquid lunches. I was literally speechless.

Apparently this kind of thing used to go on 30 years ago, a lot. Until then I had never heard of the practice.”

“I’m sitting here trying to imagine how a guy like this will fit his predatory predilection into a “men’s rights” style divorce practice, and I fear that the state bar in Connecticut may have created the practitioner’s version of Frankenstein.”

“I’m sure the next time the judge calls for order in the court, every response will end with “. . .and hold the Mayo.””

“Can he represent transgendered clients?”

“Household name divorce lawyer Marvin Mitchelson, who made a name suing actor Lee Marvin for “palimony” (and breaking new ground with the California Supreme Court) was then flooded with palimony cases and leased a upmarket office in Century City office complete with a Jacuzzi soaking tub in an anti-room off of his office. He was later accused by two clients of rape and reputedly had a habit of meeting with clients naked in his hot tub. he was never prosecuted for sexual impropriety.  (He was later sentenced in 1993 to 4 years in prison for tax fraud.)”

I don’t know about any of you, but this “suspension” seems a bit odd and clearly raises some interesting questions about who Mr. Mayo can represent.  I would be interested to know what any of you think of this suspension.

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In an article in the ABA Journal, it is reported that a former law student at the Massachusetts School of Law claims in a lawsuit that he received an unfair D grade in contracts.

The suit by Martin Odemena says the D grade resulted in a suspension and made it impossible for him to transfer to another law school, the National Law Journal reports. He is seeking more than $100,000 in damages for the lost legal career. The suit, filed Friday in Massachusetts federal court, claims violations of state consumer protection laws.D grade

Martin Odemena claims that he earned a D in his contracts class because professor Joseph Devlin counted the results of several quizzes—initially presented as optional—into his final grade.

Odemena filed a pro se suit on Friday in U.S. District Court for Massachusetts naming both Devlin and the law school as defendants. He seeks upwards of $100,000 in compensatory damages for not currently having a legal career, plus attorney fees and a declaration that the quiz results do not count toward his grade.

After receiving his low grade, Odemena was suspended and given a letter declaring that he was not in good standing with the law school. That letter, in turn, made it impossible for Odemena to transfer to another law school, according to the complaint.

“Plaintiff has tried all possible means to resolve this matter with the defendants without success, and the plaintiff has spent a lot of money retaining counsel in numerous attempts to resolve this matter with defendants,” the complaint reads. “Furthermore, since the defendants gave the plaintiff a not-good-standing letter because of the D grade in the contracts class, the plaintiff has suffered actual harm. Plaintiff could not get into any other law school with a not-good-standing letter, and his legal career is for all practical purposes over.”

This could be interesting, but I highly doubt it will survive the Motion to Dismiss that Peter Malaguti, who acts as the school’s general counsel, intends to file.  

In a case in Pennsylvania in 2013, student Megan Thode wasn’t happy about the C-plus she received for one class, saying the mediocre grade kept her from getting her desired degree and becoming a licensed therapist — and, as a result, cost her $1.3 million in lost earnings.

A Northampton County judge rejected the claims of Ms. Thode, the former Lehigh University graduate, a verdict that upheld the school’s insistence that she earned the mark she got.

After four days of testimony in a civil trial last year, Judge Emil Giordano decided that the Bethlehem university neither breached a contract with nor sexually discriminated against Megan Thode.

Seems it might be tough to prove that you did not get the grade you feel you deserve, so I guess we will stay tuned to see what happens with Mr. Odemena’s case.

 

 

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I am sure there are times that attorneys and judges want to go at each other physically, but I never thought we would see it on camera.

Warning, there is profanity in the video.

http://Judge, attorney fight after argument in court

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According to the salary guide released by Robert Half Legal, 2013 should see an increase in paralegal salaries by 3.1 to 3.9 %, depending on the size of the firm you work for.  You can get a copy of their salary guide here.

You can also use their salary calculator to obtain salaries in your local area as well and check out the hiring trends, not only in your area but nationwide and you can check out the fastest growing industries locally and nationwide as well.

legal positions 2013

 

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Ouch!  That has to hurt!  Running for a judicial seat and then sanctioned and reported to the State Bar.  This just happened to attorney Judy Conard, who practices in Lake County, California.

The First Appellate Court found the appeal to be frivolous and not only sanctioned Ms. Conard $6,000, but issued $15,000 in sanctions against her client as well.

Last October, Theodore Parfet, who lives in Michigan, appealed an order that he pay the attorney fees for Amy Tucker, the Respondent in the Family Law case, incurred while she opposed his motions to modify child custody, visitation and child support, according to the decision, which can be read here.

Ms. Conard said they appealed the amount of attorneys’ fees, which at nearly $80,000 were in excess of what the interim fees were to be.  The three appellate justices found “the degree of objective frivolousness and delay is extremely high,” and that “pursuing a meritless appeal of an attorney fee award under the circumstances of this case flies in the face of the very purpose of the Family Code attorney fees statutes.”  Further, they found that Conard had a professional responsibility not to pursue a frivolous appeal just because her client instructed her to do so, the justices said Conard violated her duties by facilitating the appeal “and by advancing arguments which exceed the bounds of both common sense and sound advocacy.”

The justices also stated “We join other courts in recognizing that the respondent is not theonly party damaged by a frivolous appeal.” ‘Others with bona fide disputes, as well as the taxpayers, are prejudiced by the wasteful diversion of an appellate court’s limited resources.’  The handling of this appeal has imposed a burden on this court.”

 To add insult to injury, Ms. Conard and the court clerk were each ordered to forward a copy of this opinion to the State Bar upon return of the remittitur.  Whether charges will be filed by the bar against Ms. Conard has yet to be seen.  The lesson here for attorneys?  Beware of filing an appeal just because your client wants you to, be sure that there is merit to the appeal, it could cost you, not only monetarily but professionally.
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Sometimes judges can be funny, (ok, maybe this was not that funny, but I got a chuckle out of it) as evidenced by Judge Lucy Koh last week when she stated, “I mean come on. 75 pages! 75 pages! You want me to do an order on 75 pages, (and) unless you’re smoking crack, you know these witnesses aren’t going to be called when you have less than four hours.”

I don’t think attorney Bill Lee thought Judge Koh was funny when he replied, “Your honor, I can assure you, I’m not smoking crack.”

You can read more of this article here.

 

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