ETHICS & ATTORNEY'S FEES CASES

• In re: Green Grand Jury Proceedings
• US v. Ensign
• Hackwell v. US
• In the Matter of the Honorable Jean Marshall
• Lazy Acres Market, Inc. v. Tseng

U.S. 8th Circuit Court of Appeals, July 06, 2007
In re: Green Grand Jury Proceedings, No. 06-3938, 06-4030
The crime-fraud exception applies to attorney work product. A client who has used his attorney's assistance to perpetrate a crime or fraud cannot assert the work product privilege as to any documents generated in furtherance of his misconduct. Also, an attorney who does not knowingly participate in the client's crime or fraud may assert the work product privilege as to his opinion work product. Read more...

U.S. 9th Circuit Court of Appeals, July 05, 2007
US v. Ensign, No. 06-10447, 06-10457
A conviction for willful failure to file tax returns and a decision refusing to allow an individual to proceed pro hac vice as defendant's attorney are affirmed in part as to the conviction, and the appeal dismissed, where: 1) orders declining to allow the individual to represent defendant pro hac vice did not violate defendant's constitutional right to counsel; and 2) because the orders did not clearly and intentionally sanction the attorney at issue, he lacked standing to appeal in his own right. Read more...

U.S. 10th Circuit Court of Appeals, July 05, 2007
Hackwell v. US, No. 05-1509
In an action challenging a regulation that interprets the attorney's fee limitations set forth by the Radiation Exposure Compensation Act (RECA), dismissal for failure to state a claim is reversed and remanded where the regulation is contrary to the RECA's plain language and is therefore invalid. Read more...

New York Court of Appeals, July 02, 2007
In the Matter of the Honorable Jean Marshall, No. 106
State Commission on Judicial Conduct findings that petitioner judge had engaged in improper ex parte communications with the defendants in several building code violation cases and then dismissed the cases in advance of the adjourned dates without providing the prosecutor notice or an opportunity to be heard, and that, during the investigation, petitioner testified falsely at a Commission proceeding and altered her court calendar to conceal the deception, are affirmed and petitioner judge is removed from the Office of Justice. Read more...

California Appellate Districts, July 03, 2007
Lazy Acres Market, Inc. v. Tseng, No. B189115
In case where insurer agrees to defend insured in negligence action without a reservation of rights, insured hires its own attorney believing insurer's attorney has a conflict of interest, and insurer settles the suit, the insured does not have a cause of action for malpractice against the insurer's attorney. Read more...