Justia Legal Ethics Opinion Summaries

Attorney Turza sent fax advertisements to accountants. In 2013, the Seventh Circuit affirmed that these faxes violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, but reversed a plan to distribute a $4.2 million fund to the class members and donate any remainder to charity. Meanwhile, Turza posted a $4.2 million supersedeas bond. Invoking the common-fund doctrine, the district judge awarded class counsel about $1.4 million. TCPA authorizes an award of up to $500 per improper fax. The court ordered two-thirds of that sent to every class member. If some members fail to cash their checks or cannot be found, there would be a second distribution. The maximum paid out per fax would be $500. If money remains, the residue returns to Turza. The Seventh Circuit reversed in part. This is not a common-fund case; suits under TCPA seek recovery for discrete wrongs. If a recipient cannot be located, or spurns the money, counsel are not entitled to be paid for that fax. TCPA is not a fee-shifting statute. Turza is not required to pay the class’s attorneys just because he lost the suit. Distributing more than $500 per fax ($333 to the recipient and $167 to counsel) would either exceed the statutory cap or effectively shift legal fees to Turza. The $4.2 million represents security for payment, so once the debt is satisfied, the surplus can be returned to Turza. View "Holtzman v. Turza" on Justia Law

The Judicial Qualifications Commission (JQC) accused Thirteenth Judicial Circuit Judge Gregory Holder of engaging in improper conduct while presiding over a criminal case in violation of five canons of the Code of Judicial Conduct. Judge Holder entered into a factual stipulation with the JQC admitting the charges and accepting a public reprimand and six additional hours of Continuing Judicial Education (CJE) training hours on topics related to ethics. Based on the stipulation, the JQC concluded that Judge Holder violated Canons 1, 2A, 2B, 3B(7) and 3B(9) of the Code of Judicial Conduct. The Supreme Court (1) approved the stipulation entered into by Judge Holder and the JQC, holding that there was clear and convincing evidence to support the findings of fact as to all charges; and (2) approved the stipulated discipline of a public reprimand and completion of six additional CJE training hours. View "In re Inquiry Concerning Judge Gregory Holder" on Justia Law

The Florida Judicial Qualifications Commission (JQC) alleged that Seminole County Judge Jerri Collins violated Canons 1, 2A, and 3B(4) of the Code of Judicial Conduct in the course of presiding over a domestic violence case. Judge Collins accepted full responsibility for her wrongful conduct. The JQC and Judge Collins entered into a revised consent judgment imposing as sanctions on Judge Collins a public reprimand before the Supreme Court, the successful completion of an anger management course, and attendance at the domestic violence course offered during Phase II of the Florida Judicial College. The Supreme Court approved the revised consent judgment, holding that the JQC’s findings were supported by clear and convincing evidence and that the sanctions were appropriate. View "In re Inquiry Concerning Judge Jerri Collins" on Justia Law

The complaint in this case alleged negligence based on a failure to schedule a resentencing hearing for a criminal defendant after the Court of Appeals remanded for resentencing. Consequently, the defendant served more prison time than he otherwise would have had he been promptly resentenced. The issue this case presented for the Washington Supreme Court's review centered on whether the "actual innocence" element of a criminal malpractice claim against the trial attorney, the appellate attorney and King County (through its agency, the Department of Public Defense), applied to the facts of this case to bar the complaint. The Supreme Court held that actual innocence was a necessary requirement to pursue the criminal malpractice claim and that no exception applied. The Court affirmed the Court of Appeals, which upheld the trial court's grant of summary judgment of dismissal in favor of all respondents. View "Piris v. Kitching" on Justia Law

Larry and Elaine, husband and wife, filed suit in Iowa state court in 2008 against multiple parties, including defendant, whom they claimed was negligent in his pre-bankruptcy and bankruptcy-planning advice. The jury found in favor of defendant and warded him a $12,200 judgment. In 2013, the Iowa Court of Appeals affirmed the award of unpaid legal fees. Larry and Elaine then filed this action in 2014, alleging that defendant was negligent in advising them regarding their bankruptcy, and that their sons acted in concert with Putnam to close the bankruptcy through the Settlement Agreement with the bankruptcy trustee. The district court determined that the jury verdict in the prior case disposed of all issues in the instant case but one: the alleged failure of Putnam to protect Larry and Elaine’s interests when the bankruptcy was closed. The court held that Larry and Elaine's claim is barred by res judicata. Larry and Elaine’s claim in the instant action relates to the same cause of action that was adjudicated to a final judgment on the merits in the first malpractice case, and Larry and Elaine have failed to show that their claim could not have been fully and fairly adjudicated in the first action. Accordingly, the court affirmed the judgment. View "Schaefer v. Putnam" on Justia Law

Waters began working as a Petaluma firefighter and paramedic in 2008. She was the first and only woman to hold that position. She claims she was immediately subjected to harassment and discrimination based upon her sex. According to Waters, she was subjected to retaliation when she complained. The city maintains that Waters never complained. In February 2014, Waters went on leave; in May, the city received notice from the Equal Employment Opportunity Commission, that Waters had filed a charge alleging sexual harassment and retaliation. Days later, Waters voluntarily resigned. The city retained outside counsel, Oppenheimer, to investigate. Oppenheimer provided her report to the city only; every page contained an indication that it was confidential and attorney-client privileged. During discovery in Waters’ lawsuit, the court granted a motion to compel production of the report. The court of appeal reversed. The dominant purpose of Oppenheimer’s investigation was not fact-finding, but to provide legal services in anticipation of litigation. She was not required to give legal advice as to what course of action to pursue in order for the attorney-client privilege to apply. The privilege was not waived by the employer’s assertion of an avoidable consequences defense; the city does not seek to rely on the post-employment investigation as a defense, nor could it. View "City of Petaluma v. Superior Court" on Justia Law

Juakeishia Pruitt filed a legal-malpractice claim against Bobby Cockrell, Jr., and Cockrell & Cockrell ("the Cockrell law firm"). Cockrell appealed the grant of summary judgment in favor of Pruitt. The claims in this case arose from Byron House's representation of Pruitt from late 2000 until January 2012. House worked as an associate with the Cockrell law firm from September 1995 until January 2012. This case involved House's handling of Pruitt's claims with regard to four separate causes of action: Pruitt's discrimination and breach-of-contract claims against Stillman College; Pruitt's sexual-discrimination claims against her employer Averitt/i3; Pruitt's claims against Gwendolyn Oyler arising from an automobile accident; and Pruitt's breach-of-contract claims against A+ Photography. After the statute of limitations had run on Pruitt's underlying claims against Stillman College, Averitt/i3, and Oyler, House made intentional misrepresentations to Pruitt regarding the status of those cases. House also made intentional representations regarding the status of Pruitt's case against A+ Photography. Additionally, House continued to make such representations regarding the status of Pruitt's cases against Stillman College and Averitt/i3 until well after the time any legal-malpractice case against him would have been barred by the applicable statute of repose. "A fraud committed by an attorney that defrauds the attorney's client as to the status of the client's underlying claim is actionable under the ALSLA separate and apart from the attorney's failure to timely file a complaint on the underlying claim." Therefore, Alabama Supreme Court concluded the trial court properly denied the Cockrell defendants' motion for a summary judgment as to the malpractice claims alleging that the Cockrell defendants were vicariously liable for fraudulent misrepresentations House made to Pruitt to conceal the existence of an underlying legal-malpractice claim. Accordingly, the Court affirmed the trial court's order. View "Cockrell v. Pruitt" on Justia Law

The Judiciary Commission of Louisiana (“Commission”) brought a formal charge against Judge J. Robin Free of the 18th Judicial District Court for the Parishes of Iberville, Pointe Coupee and West Baton Rouge. The charge alleged Judge Free violated the Code of Judicial Conduct and the Louisiana Constitution, Article V, sec. 25(C), in that he interrupted a private meeting between the family members of the victims and members of the District Attorney’s Office, following a hearing in a criminal case before him, and made an inappropriate comment; abused his contempt authority and failed to follow the proper procedures for the punishment of contempt in two cases; and made inappropriate comments in seven criminal cases and exhibited a lack of proper decorum, demeanor, and temperament. After reviewing the recommendation of the Commission and the record, the Louisiana Supreme Court accepted the recommendation of the Commission that Judge Free be suspended without pay for one year and ordered to reimburse the Commission for the costs associated with these proceedings. View "In re Judge J. Robin Free, Eighteenth Judicial Dist. Ct., Parishes of West Baton Rouge, Iberville & Pointe Coupee" on Justia Law

Appellant, an experienced bankruptcy attorney, represented Debtor, who sought relief under Chapter 11 of the Bankruptcy Code. During the proceedings, Appellant engaged in conduct that caused the bankruptcy court to order Appellant to show cause why he should not be sanctioned under Federal Rule of Bankruptcy Procedure 9011(b)(2). The bankruptcy court subsequently found that Appellant twice described the applicable law in a manner that it deemed to be misleading and imposed a sanction in the form of a non-monetary penalty. The First Circuit affirmed the bankruptcy court’s order imposing a sanction on Appellant, holding that the bankruptcy court did not abuse its discretion in construing Appellant’s submissions as sufficiently misleading so as to warrant a sanction. View "Baker v. Harrington" on Justia Law

The Judiciary Commission of Louisiana recommended that James J. Best, a judge for the Eighteenth Judicial District, Parishes of Iberville, Pointe Coupee, and West Baton Rouge, be disciplined. The Commission alleged Judge Best committed misconduct and should be suspended for thirty days and ordered to reimburse the costs incurred in the Commission’s investigation and prosecution of this case. Judge Best did not contest the recommendation and, along with the Commission, filed a joint motion urging the Supreme Court to accept and implement the recommendation as a consent discipline. The Supreme Court rejected the joint motion and docketed the case for a full evaluation of the record. After a thorough review of the facts and law in this matter, the Supreme Court found that a fifteen-day suspension, without pay, and reimbursement of costs to be an appropriate sanction. View "In re: Judge James Best, Eighteenth Jud. Dist. Court of Iberville, Pointe Coupee & West Baton Rouge Parishes" on Justia Law