Disbarment

According to the textbook Ethics and Professional Responsibility for Paralegals, we are able to determine and conclude how and when these two sanctions are imposed. The textbook states that ‘disbarment’ is “only imposed for the most egregious violations or when there is a long-term pattern of serious unethical conduct”, while ‘suspension’ is when the attorney is “derived of the right to practice law for a specified period of time”. As has been noted, two of the attorneys (Jaskot and Adoff) have been disbarred and the other two (Greenman and Gahwyler) have been under suspension. All four attorneys were held in the Bergen County Jail, each one of them facing different charges. On one hand, Jaskot was charged with one count of misapplication of entrusted property and one count of theft by deception, while Adoff was charged with one count of misapplication of entrusted property. On the other hand, Greenman was charged with theft by failure…

QUESTIONS PRESENTED 1. Under New York Penal Law, false statements or failure to disclose material facts may result in denial of an application to the bar. William Gould admits to withholding information on his application for admission to the New York State Bar, and has no intention of remedying these omissions. Given that Mr. Gould has left important information from his bar application, is he likely to be admitted to practice law in the state of New York? 2. Mr. Gould has divulged…

In the case of Ohio State Bar Association v. Lance T. Mason, it is argued that Lance Mason should not be disbarred due to a felony conviction for assault. In the case, Lance Mason physically assaulted his wife while driving down the highway while his two children were in the vehicle. Mason was convicted of the offense and served time in prison. Hearings were concluded and it was recommended that Mason be disbarred for his felony conviction. His counsel is arguing that instead of disbarment, Mr.…

2d 304, 949 P.2d 1. The unauthorized practice of law is also a crime. Cal Bus. Prof. Code Section 6126. There are many strict rules that fall hard on a lawyers shoulders. The law holds laywers responsible for not only their behavior but the behavior at work of all their employees, assistants, representatives, and paralegals and volunteers. These rules that hold attorneys to the highest of accountability are outlined very clearly make no mistake in the Model Rules of Profesional Conduct in…

At each step of the complaints process the complaint can get dismissed. If the regulation committee should decide, formal proceedings can be authorized or the complaint might result in a private admonition of the attorney who the complaint is against or diversion. Diversion requires that the attorney complete one or more classes, essentially re-training them on how they are to conduct themselves in the course of their duties. Formal Proceedings If formal proceedings are to take place, there…

aspect is when Adnan or his parents would ask her about the plans, she would always dismiss them. She was careless with communicating with her client and his family. The same year as Adnan’s trial, she had another case with the Whitman’s. Gutierrez was defending a boy that has been accused of killing his brother. When she was asked for a conference to discuss some plans and information, Gutierrez refused. However, She did seem to care for this case too. Gutierrez has also been accused of…

and who are residing in the state of California are authorized to practice law if they hold a valid license. Attorneys who violate the regulations and rules of UPL may face a variety of actions taken by the State Bar. Some of these disciplinary measures include, involuntary inactive status, impose private reproval, suspension or altogether, disbarment, fines and depending on the severity and case may face jail time or a combination thereof. Attorneys are held to a higher standard, by the courts…

These regulations are passed down by the US State Department (ITAR) and the US Commerce Department (EAR) and violation of these regulations can lead to extensive fines (in 2010, BAE was ordered to pay over $400 million dollars to the US State Department for ITAR violations) (BAE), jail time (a retired University of Tennessee professor was sentenced to 5 years in prison for violating the EAR) (Retired) and disbarment—which the US State Department and/or the US Commerce Department will prevent…

When considering the many facets of a business contract one must have an awareness of the possible ethical issues that may arise. Ethically speaking business contracts are only effective within the context that assumes most parties will adhere to and satisfy their contractual responsibilities. Bidding, negotiating, obtaining and fulfilling contracts in an ethical manner is the foundation for a successful business. Participating in unethical practices could have legal ramifications with a final…

The conflicting values are, Criminal Behavior- a violation of existing laws and ordinances, and Corruption of Authority- misusing authority of position for personal gain. These are the rules set forth by the government, accepting the job as law clerk I agreed to follow the law and not break it. The results of not being loyal to my employer will have serious consequences, and could mean disbarment and or jail time. 4. What is legal is that the judge has discretion on sentencing, everyone…