Category Archives: Legal Ethics

Attorney’s Fee Petition Creates a Trap for the Unwary As Client forfeits malpractice claim.

The case is Tebbens v. Levin & Conde, 2018 IL App (1st) 170777. Tebbens believed that his former divorce counsel made an error in drafting the marital settlement agreement and drafted an agreement that was not consistent with what the parties had verbally agreed to.  This is a tough case to win as Tebbens signed the agreement. The defense would ask why he did not read what he had signed. However, Tebbens made a further and fatal error to his malpractice claim. The Divorce statute allows a lawyer to file a fee petition before the judge who heard the divorce. Here Levin & Conde filed such a fee petition. Tebbens made the mistake of alleging malpractice in his response to the fee petition. The court ruled against him and awarded fees. Then Tebben sued for malpractice. The problem is that the doctrine of res judicata barred his claim because the malpractice issue has already been heard and decided in the fee petition case. This is a litigation blunder that I have….. To continue reading this legal news please click Read full information...

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Bar Discipline In The DMV

The bar discipline matter In re Seth Robbins was argued before the District of Columbia Court of Appeals last Thursday. Although I regrettably was unable to attend, I understand that an issue was raised of practical consequence to the operation….. To continue reading this legal news please click Read full information...

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Lawyers, Guns and Whiskey

A reprimand and probation has been imposed by agreement approved by the Arizona Presiding Disciplinary Judge. For purposes of the agreement, the parties stipulate Mr. Barnett knowingly became intoxicated and discharged a firearm inside his residence. His knowing conduct violated….. To continue reading this legal news please click Read full information...

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No Complaints Please

The Illinois Review Board proposes a 90-day suspension of an attorney on these charges The Administrator brought a one-count complaint against Respondent, charging her with improperly entering into an agreement with a client that limited or purported to limit the….. To continue reading this legal news please click Read full information...

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A UFO Is A Big Deal

An attorney who practiced after an administrative suspension should be suspended for six months and until further order ("UFO"), according to a recommendation of the Illinois Review Board. The suspension Respondent did not timely register or pay his registration fee….. To continue reading this legal news please click Read full information...

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