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U.S. v. Manchester Farming Partnership
Although government's conduct was below standards, court did not err when it denied defendant's Hyde Amendment request for attorney fees and costs.
Attorneys Mar. 21, 2003
U.S. v. Shwayder
Improper use of guilt-assuming hypothetical questions in cross-examination of character witnesses did not affect defendant's substantial rights.
Attorneys Feb. 18, 2003
Morrison v. Rudolph
Attorney evaluating whether to initiate legal proceedings may generally rely on information provided by client.
Attorneys Feb. 4, 2003
Hu v. Fang
Paralegal's mistake is attributable to attorney responsible for supervising paralegal.
Attorneys Feb. 4, 2003
Harris v. Grimes
Court improperly applied res judicata to federal court ruling when ruling in favor of attorney in malpractice action.
Attorneys Feb. 4, 2003
Leasequip Inc. Dapeer
In legal malpractice action, attorney is equitably estopped from asserting statute of limitation defense where client relied on attorney's improper advice.
Attorneys Jan. 29, 2003
U.S. v. Elder
Defense counsel handcuffed and removed from court for contemptuous behavior did not violate defendant's due process rights.
Attorneys Jan. 14, 2003
Native Village of Quinhagak v. United States
As prevailing parties in fishing rights litigation, Alaskan villagers are entitled to award of attorney fees.
Attorneys Jan. 9, 2003
Chambers v. Kay
Attorneys' fee-splitting agreement is invalid because of attorneys' failure to get client's consent to agreement.
Attorneys Jan. 7, 2003
Matter of Peavey
Attorney found culpable of misconduct based on loan transactions with clients.
Attorneys Jan. 7, 2003
Valinoti v. State Bar
Attorney's reliance on non-attorney services providers to prepare and file immigration applications for aliens violates federal law.
Attorneys Jan. 6, 2003
Mix v. Tumanjan Development Corp.
Attorney who acted pro se in contract action may recover reasonable fees for assisting counsel.
Attorneys Dec. 3, 2002
Matter of Kreitenberg
Attorney who participated in capping scheme and conspiracy to defraud IRS should be disbarred.
Attorneys Dec. 1, 2002
Matter of Bodell
Reinstatement to state bar is proper where applicant made high showing of rehabilitation.
Attorneys Dec. 1, 2002
Fleishman v. Superior Court (Salisbury)
Issuance of preliminary injunction indicates presence of probable cause sufficient to bar subsequent malicious prosecution claim.
Attorneys Nov. 19, 2002
Chambers v. Kay
Attorney who is not associate or partner may not enforce illegal fee-splitting agreement but may recover reasonable value of services provided.
Attorneys Nov. 4, 2002
In the Matter of Scott
Two-year suspension of State Bar license is appropriate where attorney filed and pursued frivolous lawsuits.
Attorneys Oct. 30, 2002
Fischel v. Equitable Life Assurance Society of the United States
Lodestar calculation method used to determine attorney fees resulting from class action settlement was proper.
Attorneys Oct. 14, 2002
Gursey, Schneider & Co. v. Wasser, Rosenson & Carter
Indemnity action by accountant against lawyer who represented same client at same time may proceed where both were sued for malpractice.
Attorneys Oct. 10, 2002
Armenta v. Superior Court (James Jones Co.)
All parties in joint prosecution agreement protecting work product privilege must consent to waiver of privilege.
Attorneys Oct. 7, 2002
Swat-Fame Inc. v. Goldstein
Information provided to attorneys from client established probable cause necessary to support fraud action.
Attorneys Oct. 7, 2002
DeRose v. Heurlin
Attorney who filed appeal to disguise mismanagement of client funds is liable for sanctions.
Attorneys Oct. 2, 2002
Satten v. Webb
Malicious prosecution claim is not pre-empted by bankruptcy law since underlying action was based on state fraud claims.
Attorneys Oct. 1, 2002
Neal v. Health Net Inc.
Disqualification is unwarranted when attorney representing plaintiff in existing suit is subsequently retained by former legal secretary for defendant in same litigation.
Attorneys Sep. 30, 2002
Glaze v. Larsen
Attorney malpractice action did not begin to run until criminal proceeding was dismissed with prejudice.
Attorneys Sep. 30, 2002
Village Nurseries LP v. Greenbaum
Judgmental immunity doctrine does not preclude legal malpractice action.
Attorneys Sep. 24, 2002
In the Matter of Cardwell
Attorney's suspension following his criminal convictions does not violate double jeopardy.
Attorneys Sep. 23, 2002
People v. Trupp
In attorney disciplinary proceeding, presiding disciplinary judge has exclusive authority over sanctions motion.
Attorneys Sep. 22, 2002
In re DeRose
Attorney's disbarment is not excessive, unreasonable or without relation to dishonest acts, one which was felony.
Attorneys Sep. 16, 2002
Carrol v. Superior Court (San Diego County Heath and Human Services)
Attorney must withdraw from representing multiple minor siblings in dependency proceeding where actual conflict arises.
Attorneys Sep. 12, 2002