More TV reviews: new website on Law & Order SVU

Frequent readers of this blog know by now that I have been reviewing episodes of The Defenders -- I still owe you the comments about the last one, but they are coming, I promise -- so I thought I'd pass along the address of this new website which reviews Law & Order SVU every week. It is run by Allison Leotta, a federal sex-crimes prosecutor in Washington, D.C. The blog is called Prime Time Crime Review and you can access it by going here.

N.Y. Courts to Require Attorneys to Verify Foreclosure Papers

Law.com is reporting that "[a]mid mounting national concern over the accuracy of court documents in foreclosure cases, New York state's court system has directed lenders' lawyers to file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file to support residential foreclosures. The court system's affirmation form notes that foreclosure filings in various U.S. courts have been subject to such defects as failure to review documents and establish standings, bogus affidavits and the "robo-signing" of documents." Go here to read the full story.

Short documentary on Gentile v. State Bar of Nevada

In 1991, in Gentile v. State Bar of Nevada, the U.S. Supreme Court found that the trial publicity rule of the state of Nevada, which was based on an ABA Model Rule, was unconstitutional. In response to this case, the ABA amended its Model Rule on trial publicity, and several states followed the suggestions of the ABA, also amending their rules. As part of its “Voices of American Law” series, Duke University has produced a 12 minute documentary on this case. The video, as well as links to many relevant documents is available here.

Constitutional challenge to Indiana's Code of Judicial Conduct before the Supreme Court

The US Supreme Court Blog is reporting in its "petition of the day" page (where they highlight questions that have a good chance of getting granted) on a case called Bauer v. Shepard (Docket No. 10-425) which asks whether various canons of the Indiana Code of Judicial Conduct that restrict speech and/or activities of state judges and judicial candidates violate the Constitution. Go here for a copy of the lower court's opinion and here for a copy of the petition for certiorari.

California state bar to investigate 130 prosecutors following misconduct study

A couple of weeks ago, I reported (here) on a new study that showed that California courts discipline fewer than 1% of prosecutors they find committed misconduct. You can read the report here. Well, I am happy to report today that this may be about to change. The Legal Ethics Forum is reporting (here) that the California state bar, led by recently-appointed Chief Trial Counsel Jim Towery, is investigating 130 prosecutors who were identified in that study on instances of wrongful conviction. Go here for the full story.

Microsoft donates $3 million for pro bono work

Microsoft has donated $3 million to Kids in Need of Defense to aid in the organization’s effort to help children who come to the United States without a parent or legal guardian find pro bono lawyers to represent them in immigration court proceedings. Go here for more on the story.

Trivia I learned today

Here is a little bit of interesting trivia I learned today: William Marston (the “father” of the modern day polygraph), is credited as the creator of the systolic blood pressure test used in an attempt to detect deception, which became one component of the modern polygraph. Under the pseudonym Charles Moulton, he created “Wonder Woman” whose magic lasso requires those bound by it to tell the truth. For more information on comic books and law go to the Abnormal Use Law Blog. Most Fridays, they feature a classic comic book cover with a law related theme.

How not to practice law: be a pimp

The Legal Ethics Forum is reporting that a Minnesota lawyer has been disbarred after being charged with six felony counts of promoting prostitution. According to a news report, the disciplinary complaint alleges the 66-year-old lawyer set up appointments for prostitutes with men. It is not clear whether he was seeking prostitutes for his clients or whether he was seeking clients for his prostitutes. For more on the story (although there isn't much) go here.

How not to practice law: charge $3,500 an hour AND be rude to the judge

Here is a double dose of how not to practice law. The Legal Profession Blog and National Law Journal are reporting that the Supreme Court of Kansas has disbarred a Kansas City attorney for charging $3,500 an hour to handle a case and for making offensive remarks to a judge and court staff.

I have to say... charging $3500 an hour is pretty unreasonable and to then go and insult the judge and the court's staff on top of it... yeah, that's pretty dumb; and dumb conduct is a recurring theme in the "how not practice law" series, ....isn't it?

Go here or here for the full story.

Thanks to Carly Toepke for the link.

How not to practice law: Plagiarize

In my class we discuss the case of In Re Lamberis in which a lawyer is disciplined for plagiarism in a (non law related) master's thesis. I use the case to illustrate the facts that (a) a lawyer can be disciplined for conduct outside the practice of law and (b) plagiarism is a very serious offense that the law school will not take lightly.

The Legal Profession blog is now reporting on a case in which the Iowa Supreme Court has imposed a public reprimand of an attorney who was found to have plagiarized in two briefs filed in a bankruptcy matter. Apparently, the bankruptcy judge had found that the briefs in question were of "unusually high quality" and directed the attorney to certify that he was the author. The judge's hunch was correct: the reason the brief was of such high quality was that the lawyer had lifted 17 pages virtually verbatim from a law review article . In response to the order, the attorney admitted that he had exceeded permissible use of a source. Go here for a copy of the decison.

This is the first case I have seen of discipline for plagiarism in a brief.

Thanks to the Legal Profession blog for the information.