Lawyer suspended for posting video of undercover drug buy in mistaken belief it exonerated client-ABA Journal

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Gilsdorf “published damning evidence on the Internet with little to no thought or discussion of the possible consequences to his client,” the Review Board said. “His conduct threatened the fairness of a criminal proceeding and harmed his client.”
 
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Prior coverage:

ABAJournal.com: “Should lawyer who posted video implicating client be disciplined?”

ABAJournal.com: “Ethics Complaint Claims Lawyer Tried to Sway Potential Jurors by Posting Discovery Video on YouTube”

NYSBA | Mandatory Reporting Campaign

Office of the President

David Schraver

Since 2004, the New York State Bar Association has strongly opposed any requirement that New York lawyers report their voluntary pro bono service or contributions to public authorities.  We firmly believe that requiring such reporting dilutes the voluntary nature of lawyers’ pro bono service.  Lawyers should provide pro bono service because they recognize the critical importance of access to justice and lawyers’ unique ability to assist – not because they feel pressured into doing so.

I encourage you to write to the Chief Judge, the Chief Administrative Judge, and the Presiding Justices of the Appellate Divisions to express opposition to this requirement.  We have set up a webpage with contact information, a sample letter, and a link to send an e-mail message directly to the Chief Judge to express your opposition.  Go to www.nysba.org/probonoreporting.

Sincerely,

David M. Schraver, President

A Criminal Defense Lawyer’s Trip to Rock Bottom and Back-The Lawyerist

There are two primary outcomes in a desperate struggle with addiction. The first is to keep going until you die. The second is to get caught.

After roughly a year and a half of active addiction to cocaine, Chuck Ramsay appeared to have decided upon the first. He looked in the mirror, admitted to himself he had a problem, but didn’t know how to keep living without coke. So he decided he would just keep using – keep using coke until he died.

Read about his journey to recovery.

Sample Document-Destruction Policy-Lawyerist

“…Having a formal document destruction policy is a smart move for many reasons. It greatly streamlines the process of analyzing whether each file should stay in storage or be destroyed, because you have already gone through the issues and identified the rules to apply. It can actually reduce your malpractice premiums to have such a policy in place, and it allows you to point to that policy if anyone ever questions why a file has been destroyed. It also provides a basis for setting client expectations on file retention from the opening of a new engagement through the destruction of the file…”

Undocumented Immigrant Granted Law License by California Supreme Court–FindLaw

Dying Lawyer Lynne Stewart Wins Compassionate Release | Democracy Now!

Lynne Stewart Released (video)

 Lynne Stewart was found guilty in 2005 of distributing press releases on behalf of her jailed client, Sheikh Omar Abdel-Rahman.  Her sentence was increased after an appeals court ruled that two years and four months of prison time was too light.
On New Year’s Eve, a federal judge ordered her compassionate release. Stewart is 74 years old and dying from late-stage breast cancer. Viewed by supporters as a political prisoner, she had served almost four years of a 10-year sentence.

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Unwitting lawyer is suspended for arranging client loans to secure Nigerian inheritance

An Iowa lawyer who believed his client was due to inherit $18.8 million from a long-lost Nigerian cousin has been suspended for tapping clients for loans in a failed effort to reap the windfall.

The Iowa Supreme Court suspended lawyer Robert Allan Wright Jr. for a year, according to the Legal Profession Blog, the Business Recordand KCCI.com. According to the opinion (PDF) issued Friday, Wright believed his lucky client had to pay $177,660 in Nigerian inheritance taxes and additional cash for an “anti-terrorism certificate” before receiving the money.

 

Read the entire report from the ABAJournal here.

 

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NYSBACLE | CLE October 17, 2013–Blogging 101 – Social Media Marketing and Mentoring-Ethical and Practical Considerations

NYSBALPM CLE

Blogging 101 – Social Media Marketing and Mentoring
Ethical and Practical Considerations

Learn more about the basics of blogging and the practical and ethical considerations surrounding social media marketing for lawyers.

CLE Program and Networking Reception

3.0 MCLE Ethics Credits

Thursday, October 17, 2013
MCLE Ethics Program
4:00 p.m. – 7:00 p.m.

Networking Reception
7:00 p.m. – 8:00 p.m.

Baker Hostetler
45 Rockefeller Plaza | NYC

Sponsored by the General Practice SectionLaw Practice Management and the Committee on Continuing Legal Education

This program will also be streamed as a live CLE Webcast.

Special NYSBA General Practice Section Member Rate $50
NYSBA Members $75 | Non-Members $150

www.nysba.org/BloggingCLE

If you would like to join the New York State Bar Association, visit
www.nysba.org/Membership

Program Agenda

4:00 p.m. – 4:10 p.m. Welcome and Introductions – Section and Program Chairs

4:10 p.m. – 5:00 p.m. Basics of Blogging – Attorney Advertising Rules (1.0 credit)

5:00 p.m. – 5:15 p.m. Break

5:15 p.m. – 6:30 p.m. Practical and Ethical Considerations of Online Social Media Marketing and Blogging (1.5 credits)

6:30 p.m. – 7:00 p.m. Panel/Best Practices (0.5 credits)

7:00 p.m. – 8:00 p.m. Networking Reception sponsored by the General Practice Section

Program Chair

Paige E. Zandri, Esq.
Attorney and Counselor at Law
New York, New York

Program Faculty

Leonard E. Sienko, Jr., Esq.
The Sienko Law Office
Hancock, NY

Steven C. Bennett, Esq.
Jones Day
New York, NY

Barbara Beauchamp
New York State Bar Association

Pre-registration is required.

Register Today!

The General Practice Section is pleased to announce the launch of its innovative mentoring program, GP Law ConnectGP Law Connect will be a legal blog, sponsored by the NYSBA’s General Practice Section, for mentors and mentees to co-author articles and publish them online. Read more and learn how to join atwww.nysba.org/GPMentoringBlog.

This program is approved for all attorneys including those newly admitted. Newly admitted attorneys are encouraged to attend in person as they cannot receive MCLE credit for their participation in CLE webcasts/webconferences.

To learn more about upcoming Law Practice Management programs, visit www.nysba.org/LPM.

If you pre-register for the CLE Webcast, you will be able to view the program video online and email questions during the live program. All registrants will have access to the program archive for over a year. Registrants will be able to go back and review excerpts on demand.

Be advised that during the webcast, program verification codes will be displayed on the screen and announced. In order to receive MCLE credit, you will need to print the MCLE Attestation Form and write down the program codes. You will receive your MCLE certificate via email. Please be sure to provide your email address when registering.

In the event that you miss any portion of the program, the archive will be posted online. All pre-registered CLE webcast registrants will have access to the online archive file. You will be able to view the archive online, on-demand at your leisure.

Please note: Newly admitted attorneys may not receive MCLE credit for their participation in CLE Webcasts.

What You Need to Know In Order to Sell a Law Practice-Lawyerist

Roy Ginsburg:

For years, selling a law practice was prohibited because ethics regulators believed clients, files, and a firm’s good will were not something that could be sold. This prohibition did not really affect larger law firms, which would just buy out partners, i.e. the partnership would return the percentage of the equity owned by the retiring partner. Smaller law firms were able to “sell” themselves by merging with other firms.

Solos had to be more creative. Selling the firm’s physical fixtures and furnishings for more than their reasonable market value was a common way to get around the prohibition. Another way was to create a sham partnership, in which the departing lawyer received retirement benefits from the new partner. Solos who were unwilling or unable to take advantage of one of those options, would simply give away their clients – or just close up shop.

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Can You Disseminate Embarrassing Client Information Online And Get Away With It?-LAWYERIST

Every so often an ethics case comes along that has the potential for far-reaching ramifications. Hunter v. Virginia State Bar is one. It could mean lawyers can wilfully disseminate client information for their own gain without violating client confidentiality rules, but also that lawyers cannot blog about their practices and their successes without disclaimers. The legal ethics world is abuzz with whatHunter will mean across the country.

Read entire article here.

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