Legal Ethics and Attorney Discipline

  • New York Law Journal

    'Nobody Saw' Admonishment That Should Have Demoted Acting Justice

    By B. Colby Hamilton | July 5, 2017

    An acting state Supreme Court justice was allowed to remain in his position for 10 months after being admonished by the state's Commission on Judicial Conduct, despite administrative rules barring disciplined acting justices from doing so.

  • New York Law Journal

    Client Intake: Know Your Client—Or Else

    By Anthony E. Davis | July 3, 2017

    In his Professional Responsibility column, Anthony E. Davis discusses two cases while exploring an issue critical to lawyers' and law firms' professional and business interests: What information about a new client does a lawyer need to obtain in order to make sensible decisions about whether or not to proceed?

  • New York Law Journal

    Justice Resigns Amid Probe Into Off-Bench Behavior

    By Rebecca Baker | June 26, 2017

    A 70-year-old town justice accused of behaving belligerently toward an ex-girlfriend, including threatening to prosecute her, will step down from the bench at the end of the month.

  • New York Law Journal

    Judicial Ethics Opinion 17-48

    By newyorklawjournal | New York Law Journal | June 23, 2017

    The inquiring part-time attorney judge must report to the Commission on Judicial Conduct that another judge, while presiding over a case, threatened to file a disciplinary complaint against the inquirer unless the inquirer's client settled the case for a particular sum.

  • New York Law Journal

    Mishandled Reports, Funds Prompts Judge to Resign

    By Rebecca Baker | June 22, 2017

    A former upstate Town Court justice accused of mishandling court funds and records has agreed never to seek or accept judicial office, the Commission on Judicial Conduct said Thursday.

  • New York Law Journal

    Village Justice Convicted of Felony Agrees to Resign

    By Rebecca Baker | June 21, 2017

    A former village justice in Rockland County who was appointed to the bench last year despite his 1978 felony conviction has agreed to resign, the Commission on Judicial Conduct announced Wednesday.

  • New York Law Journal

    Is Counsel 'Obligated' to Seek a Judge's Recusal?

    By Joel Cohen | June 12, 2017

    In his Ethics and Criminal Practice column, Joel Cohen writes: Some defense attorneys (usually on the fringe and more so years ago) have been willing to "bait" judges. They engage the (prosecution-friendly?) judge and cause him to react, creating a palpable bias against counsel and client—a deliberate ploy to create sympathy, or justify recusal. Or these attorneys try their case, in part, by confronting the judge, particularly when the jury is seated, in a manner designed to induce error. But what about when recusal is warranted—can a failure to move constitute "ineffective assistance"? Consider the disturbing facts of a recent Third Circuit case.

  • New York Law Journal

    Jailed Rochester Judge Could Receive Further Disciplinary Action

    By Josefa Velasquez | June 9, 2017

    Rochester City Court Judge Leticia Astacio could face an additional set of disciplinary actions after being found guilty of violating terms of her conditional discharge on a DWI sentence if a probe by the Commission on Judicial Conduct finds that she violated ethical standards.

  • New York Law Journal

    Panel Denies Winston's Bid to Toss Malpractice Case

    By Jason Grant | June 6, 2017

    The high-end woman's clothing retailer Leggiadro Ltd. has multiple avenues by which it can potentially recover for legal malpractice against Winston & Strawn, a Manhattan appeals court has ruled.

  • New York Law Journal

    Circuit Defers Allegations of Attorney's Relationship

    By Andrew Denney | June 5, 2017

    An evidentiary hearing may be the best place to sort out allegations from a man serving a 35-year prison sentence for child pornography that his attorney and mother were having a sexual relationship, a federal appeals court said Monday.

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