Justia Legal Ethics Opinion Summaries

Ronald Vines and his two adult sons attempted to rob a bank at gunpoint. They gathered weapons and other equipment, set up a tarp outside the bank, and waited for the tellers to arrive. One of Vines's sons, wearing a mask and armed with a revolver, forced a teller inside at gunpoint. However, another employee saw them and raised the alarm, causing Vines to signal his son to flee. They were apprehended by the police shortly after.Vines pleaded guilty to attempted armed bank robbery under 18 U.S.C. §§ 2113(d) & 2 and brandishing a gun while committing a crime of violence under 18 U.S.C. §§ 924(c)(1)(A)(ii) & 2. He did not initially challenge his § 924(c) charge, so he had to do so collaterally under 28 U.S.C. § 2255. The United States District Court for the Eastern District of Pennsylvania denied his motion but granted a certificate of appealability. On appeal, Vines was allowed to argue that his plea lawyer was ineffective for not asserting that attempted armed bank robbery is not a crime of violence.The United States Court of Appeals for the Third Circuit reviewed the case de novo. The court held that attempted armed bank robbery under 18 U.S.C. § 2113(d) is a crime of violence because it requires the use of force, violence, or intimidation. The court also found that adding a dangerous weapon to the attempted bank robbery does not make the crime less violent. Therefore, Vines's conviction under § 924(c) was upheld. The court also concluded that Vines's counsel was not ineffective, as the argument that attempted armed bank robbery is not a crime of violence would have been meritless. The Third Circuit affirmed the District Court's order denying Vines's collateral attack. View "USA v. Vines" on Justia Law

Anthony Brookins was found guilty by a jury in May 2009 of a firearm offense and a drug trafficking charge. He was sentenced to 120 months and 240 months, respectively, to be served concurrently, along with three- and ten-year periods of supervised release. The District Court later reduced his drug trafficking sentence to 180 months. After his release from prison in December 2019, Brookins began his supervised release. In May 2023, his probation officer filed a petition alleging five violations of his supervised release, including charges of simple assault and harassment, positive drug tests for cocaine, and failure to participate in a substance abuse program. A supplemental petition added a sixth violation related to another domestic incident.The United States District Court for the Western District of Pennsylvania held a revocation hearing where Brookins admitted to failing to comply with the substance abuse treatment program (violation number 5). The government withdrew the other five alleged violations. The District Court found Brookins guilty of the Grade C violation and sentenced him to 14 months of imprisonment, followed by supervised release with conditions including participation in an intensive drug treatment program and no contact with the alleged victim of the domestic incidents.Brookins filed a pro se notice of appeal. The United States Court of Appeals for the Third Circuit reviewed the case. Brookins's appellate counsel filed an inadequate Anders brief, failing to provide a thorough examination of the record or address the specific issues raised by Brookins. The Third Circuit discharged the counsel and directed the Clerk of Court to appoint new counsel for Brookins, emphasizing the need for diligent and thorough representation in compliance with Anders v. California. View "USA v. Brookins" on Justia Law

While Kwasny was managing partner at a now-dissolved law firm, the firm established a 401(k) profit-sharing plan for its employees. Kwasny was named as a trustee and fiduciary of the plan. Between September 2007 and November 2009, the plan sustained losses of $40,416.302 because plan contributions withdrawn from employees’ paychecks were commingled with the firm’s assets and were not deposited into the plan. In 2011, the Secretary of Labor received a substantiated complaint from a plan member; investigated; and filed suit to recover the lost funds, remove Kwasny as trustee and fiduciary of the plan, and enjoin Kwasny from acting as a plan fiduciary in the future. The Third Circuit affirmed summary judgment in favor of the Secretary, remanding for determination of whether the judgment should be offset by a previous Pennsylvania state court default judgment entered against Kwasny for the same misdirected employee contributions. The court rejected arguments based on res judicata and on the statute of limitations. There is no genuine issue of disputed fact regarding Kwasny’s violation of the Employee Retirement and Income Security Act. View "Secretary United States Department of Labor v. Kwasny" on Justia Law

In 1998, McKernan was convicted of first-degree murder in the death of his former roommate, Gibson. McKernan admitted to hitting Gibson with a bat but claimed that it was self-defense and that Gibson’s injuries arose from Gibson hitting his head on the curb. During McKernan’s bench trial, after the Commonwealth had rested but before the defense had started its case-in-chief, the judge called the victim’s mother, his brother, the prosecutor, and defense counsel, into her robing room. McKernan was not present. The meeting was transcribed. The judge discussed online criticism of her decisions, including statements on the Gibsons’ website, and stated that she “want[ed] to make sure that you folks are happy with me.” Defense counsel did not object. The judge and Gibson’s brother agreed that the judge could “redline” the website. After conferring with McKernan, defense counsel told the judge and prosecutor that his client had “concerns” because “he thinks that you may be constrained to lean over backwards,” but advised McKernan to continue before the judge. After exhausting state remedies, McKernan filed an unsuccessful federal habeas petition. The Third Circuit reversed the denial of relief, finding that the state courts unreasonably applied Supreme Court precedent as to whether McKernan’s trial counsel was ineffective for failing to seek and for advising McKernan not to seek the judge’s recusal. View "McKernan v. Superintendent Smithfield SCI" on Justia Law

Doe was president and “sole proprietor” of Company A, but a 2008 document purports to memorialize Doe’s sale of all shares to Company B for $10,000. Numerous filings and tax documents suggested that Doe maintained control and ownership of Company A after the transfer. Multiple individuals have sued Doe and his businesses in state courts. Doe and the companies were investigated by a federal grand jury. The government obtained access to Doe’s email. Doe filed an interlocutory appeal to prevent its disclosure. While the appeal was pending, the district court granted permission to present the email to the grand jury, finding that although the email was protected by the work product privilege, the crime-fraud exception applied; in 2016, the grand jury returned an indictment, charging conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, conspiracy, mail fraud, wire fraud, and money laundering. The Third Circuit initially dismissed an interlocutory appeal, but, on rehearing, reversed, concluding that, while the grand jury investigation continues, it retains jurisdiction, and that the crime-fraud exception did not apply. The court stripped an attorney’s work product of confidentiality based on evidence suggesting only that the client had thought about using that product to facilitate fraud, not that the client had actually done so. An actual act to further the fraud is required before attorney work product loses its confidentiality. View "In re: Grand Jury Matter #3" on Justia Law

In 2004, buyers contracted to buy an island off of St. Thomas and a St. Thomas launch for $21,000,000 and $2,500,000. The sellers’ attorney, D’Amour, also owned the escrow company involved in the transaction. The buyers deposited $1,000,000. They later paid another $500,000 to extend the closing date. The deposits were nonrefundable. After another extension, the buyers had not paid the purchase price; the sellers had not conveyed marketable title. D’Amour sent the buyers a notice of default; they demanded refunds. The buyers sued; the sellers filed counterclaims. The district court granted summary judgment to the buyers on a conversion claim against D’Amour for $500,000. A jury awarded one buyer, Taylor, $1,500,000 in contract damages from the sellers and $46,000 for fraudulent misrepresentation by D’Amour. The jury awarded the sellers $339,516.76 from the other buyers for misrepresenting their ability to purchase the properties; the court granted judgment as a matter of law, finding the tort claims barred by the gist of the action doctrine. The court reduced Taylor’s contract damages award to $0, but upheld the fraudulent misrepresentation verdict against D’Amour The Third Circuit concluded that all parties failed to perform under the contracts and denied all damages, but concluded that Taylor was entitled to restitution from the sellers ($1,500,000). On remand, the district court awarded prejudgment interest at rates of three and six percent; declined to award attorney’s fees to Taylor, citing Taylor’s “role in breaching the contract” and the complexity of the case; and concluded that D’Amour was not entitled to attorney’s fees . The Third Circuit affirmed, except the award of prejudgment interest at a rate other than the statutorily provided 9 percent. View "Addie v. Kjaer" on Justia Law

Whiteside represented the County of Camden in a lawsuit brought by Anderson, which resulted in a jury award paid, in part, by the County’s excess insurer, National. According to National, the County did not notify it of the lawsuit until several months after it was filed. Whiteside initially informed National that the case was meritless and valued it at $50,000. During trial, Whiteside changed her valuation and requested the full $10 million policy limit to settle Anderson’s claims. National conducted an independent review and denied that request. The jury awarded Anderson $31 million, which was remitted to $19 million. Days later, National sought a declaratory judgment that it was not obligated to provide coverage because the County had breached the policy contract by failing to timely notify National of the case and by failing to mount an adequate investigation and defense. National also asserted claims against Whiteside for legal malpractice, breach of fiduciary duty, and breach of contract. The court dismissed those claims because National could not demonstrate that Whiteside’s actions proximately caused it to suffer any damages. The Third Circuit dismissed and appeal for lack of jurisdiction, finding National’s notice of appeal untimely under Federal Rule of Appellate Procedure 4(a)(1), View "State Nat'l Ins. Co v. County of Camden" on Justia Law