Justia Professional Malpractice & Ethics Opinion Summaries

Plaintiff Christian L. Johnson sued his employer, the California Department of Transportation (Caltrans), for claims related to his employment. During the litigation, Paul Brown, an attorney for Caltrans, sent an email to Johnson’s supervisor, Nicolas Duncan, which Duncan then shared with Johnson. Johnson and his attorney, John Shepardson, further disseminated the email to several experts and individuals. Caltrans claimed the email was protected by attorney-client privilege and sought a protective order, which the trial court granted. Subsequently, Caltrans filed motions to enforce the order and to disqualify Shepardson and three experts, which the trial court also granted.The Superior Court of San Joaquin County initially ruled in favor of Caltrans, finding the email was privileged and issuing a protective order. The court later disqualified Shepardson and the experts due to their continued use and dissemination of the privileged email, despite the protective order. Johnson appealed the disqualification order, arguing the email was not privileged, Caltrans waived the privilege, and the trial court abused its discretion.The California Court of Appeal, Third Appellate District, reviewed the case and affirmed the trial court’s decision. The appellate court held that the email was indeed protected by attorney-client privilege, as it was sent by Caltrans’s attorney to a Caltrans employee for the purpose of legal defense. The court found no waiver of the privilege by Caltrans and determined that Shepardson breached his ethical obligations by using and disseminating the email. The court concluded that disqualification was appropriate to preserve the integrity of the judicial process and prevent unfair advantage. The appellate court’s decision emphasized the importance of maintaining ethical standards and the confidentiality of privileged communications. View "Johnson v. Dept. of Transportation" on Justia Law

Effie Mae Autry had three children, Steve, Michael, and Melvin. Michael and Melvin predeceased their mother, leaving behind children. In 2014, Effie and her husband Eugene executed wills that distributed their assets equally among their children and grandchildren. Eugene passed away in 2017, and his assets were transferred to Effie. In 2019, Effie executed a new will and several warranty deeds, leaving all assets to Steve and disinheriting her grandchildren. This new will was drafted by attorney Anna Kate Robbins after their long-time attorney, Sidra Winter, refused due to concerns about Effie's mental capacity and potential undue influence by Steve.The Pontotoc County Chancery Court invalidated the 2019 will and the warranty deeds, citing undue influence by Steve and failure to properly authenticate the will. The court found that the affidavits of the attesting witnesses did not include their addresses, as required by Mississippi Code Section 91-7-7. The court also found that Steve had a confidential relationship with Effie and did not rebut the presumption of undue influence.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the 2019 will was not duly authenticated due to the missing addresses on the affidavits. The court also agreed with the chancery court's finding of undue influence, noting that Steve's actions and Effie's declining mental capacity supported this conclusion. The case was remanded to the chancery court for further proceedings regarding the probate of the 2014 will. View "In Re The Matter of the Estate of Autry" on Justia Law

Ronald Rubin filed a lawsuit naming Kimberly Grippa as part of a criminal enterprise. His lawyer sent allegedly defamatory letters to state officials, asking them to investigate the alleged criminal enterprise and included copies of the complaint. Grippa sued Rubin for defamation, claiming the letters harmed her reputation and professional standing. Rubin moved for summary judgment, arguing the letters were protected by Florida’s absolute and qualified litigation privileges and that he could not be held vicariously liable for his lawyer’s actions.The United States District Court for the Northern District of Florida denied Rubin’s motion for summary judgment on all grounds. The court found that the letters were not protected by the absolute litigation privilege because they were sent outside the litigation process and included additional statements beyond those in the complaint. The court also determined that there was a genuine dispute of material fact regarding whether the statements were made with express malice, precluding the qualified litigation privilege. Lastly, the court rejected Rubin’s vicarious liability argument, suggesting that Rubin directed his lawyer’s actions.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that the denial of Florida’s absolute litigation privilege is immediately appealable under the collateral order doctrine but lacked jurisdiction to consider the denial of the qualified litigation privilege or the vicarious liability issue. The court affirmed the district court’s denial of the absolute litigation privilege, concluding that the letters were sent outside the judicial process and included additional defamatory statements. The court dismissed the appeal regarding the qualified litigation privilege and vicarious liability for lack of jurisdiction. View "Grippa v. Rubin" on Justia Law

Ronald Norweathers was convicted by a jury and sentenced to 250 months’ imprisonment for possessing and distributing child pornography. He claimed that he was acting under the direction of an FBI agent, Joseph Bonsuk, who misled him into collecting and forwarding child pornography as part of a nonexistent undercover operation. The jury rejected his defense, and his post-trial motions and direct appeal were unsuccessful. Norweathers then moved to vacate his conviction and sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel for failing to request certain jury instructions and for not calling a computer forensics expert as a witness. The district court denied his motion without a hearing.The United States District Court for the Northern District of Illinois denied Norweathers’s § 2255 motion, finding that his claims lacked merit. The court concluded that the failure to request an apparent authority or entrapment by estoppel jury instruction was immaterial because Norweathers’s testimony did not establish reasonable reliance on a government agent’s authority. The court also dismissed his claim regarding the computer forensics expert, deeming it insufficiently cogent to suggest constitutional error.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court’s decision. The court held that Norweathers’s ineffective assistance of counsel claims were without merit. It found that his testimony did not support a reasonable reliance on Bonsuk’s authority, making the jury instructions irrelevant. Additionally, the court determined that the decision not to call the computer forensics expert was a strategic choice within the wide range of reasonable professional assistance. The court concluded that Norweathers failed to demonstrate a substantial likelihood of a different result had the expert testified, and thus, the district court did not abuse its discretion in denying the motion without an evidentiary hearing. View "Norweathers v USA" on Justia Law

Jeffrey Winter, as trustee, filed a petition against Franklin Menlo, seeking instructions regarding a trust, Frank's suspension and removal as cotrustee, an accounting, and an order revoking a power of appointment executed by Vera Menlo for lack of capacity. The petition also included allegations of financial elder abuse, breach of fiduciary duty, breach of trust, and wrongful taking of property. Prior to this, Jeffrey had consulted with attorney Adam Streisand about potential litigation against Frank, sharing confidential information.The Superior Court of Los Angeles County disqualified Streisand and his law firm, Sheppard, Mullin, Richter & Hamilton LLP, from representing Frank. The court found that Jeffrey was a prospective client under Rule 1.18 of the California Rules of Professional Conduct, which prohibits attorneys from representing clients with interests materially adverse to those of a prospective client if the attorney received confidential information material to the matter. The court determined that the information Jeffrey shared with Streisand remained confidential and material, necessitating disqualification to avoid the use of that information.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the case. The court agreed with the lower court's interpretation that materiality should be evaluated at the time of disqualification. It concluded that the information disclosed by Jeffrey to Streisand remained confidential and material, thus affirming the disqualification. The appellate court also considered the equities, noting that the case was still in its early stages and that Frank could find other competent counsel. The order of the Superior Court was affirmed, maintaining the disqualification of Streisand and his firm. View "Winter v. Menlo" on Justia Law

Gary Jordan, the defendant, pled guilty to armed bank robbery and other crimes, receiving a thirty-year prison sentence. After his plea, he discovered that prosecutors had recorded his attorney-client meetings before he entered his plea. Although the prosecutors claimed they did not watch the recordings, Jordan moved to vacate his guilty plea, arguing that the prosecutors' actions rendered his plea unconstitutionally unknowing and involuntary.The United States District Court for the District of Kansas denied Jordan's motion, stating that he could only challenge his guilty plea through an ineffective assistance of counsel claim, as the alleged unconstitutional conduct occurred before the plea. Jordan did not raise a claim of prejudice or ineffective assistance of counsel, relying solely on the structural-error theory from Shillinger v. Haworth. The district court concluded that Jordan could not prevail on this basis.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's decision, holding that under Tollett v. Henderson, a defendant who has pled guilty cannot raise independent claims of constitutional violations that occurred before the plea. Instead, the defendant must show that the plea was not knowing and voluntary due to ineffective assistance of counsel, unless the plea was induced by threats, misrepresentations, or improper prosecutorial promises. The court found that Jordan's challenge failed because he did not pursue an ineffective assistance of counsel claim and relied solely on the now-overruled structural-error rule from Shillinger. The Tenth Circuit affirmed the district court's denial of Jordan's motion to vacate his guilty plea. View "United States v. Jordan" on Justia Law

An attorney discipline case arose from allegations that Justin Oleson violated several Idaho Rules of Professional Conduct while representing Jeff Katseanes in post-divorce proceedings. Jeff's ex-wife, Judy, filed a civil complaint against him for unpaid spousal support, leading to a judgment and a motion for a Qualified Domestic Relations Order (QDRO) to access Jeff's retirement funds. Despite the district court granting the QDRO, Oleson advised Jeff to withdraw the funds, leading to further legal complications, including Jeff's contempt of court for failing to file an accounting of the funds.The Professional Conduct Board Hearing Committee found that Oleson violated Rules 1.7(a)(2), 3.4(c), and 8.4(d), recommending a public reprimand. However, they did not find clear and convincing evidence for violations of Rules 1.2(a), 1.3, 1.4, 4.1, and 8.4(c). Both the Idaho State Bar (ISB) and Oleson appealed the Committee's decision.The Idaho Supreme Court reviewed the case, affirming the Committee's findings of violations of Rules 1.7(a)(2), 3.4(c), and 8.4(d), but reversing the findings regarding Rules 1.2(a), 1.4, 4.1, and 8.4(c), determining that Oleson did violate these rules. The Court found that Oleson failed to consult with Jeff about the consequences of not filing the accounting, made misleading statements to a third party, and had a conflict of interest. The Court also concluded that Oleson’s actions were prejudicial to the administration of justice.Given the severity of the violations, Oleson's history of misconduct, and the absence of mitigating factors, the Idaho Supreme Court vacated the public reprimand and disbarred Oleson from practicing law in Idaho, effective immediately. Oleson is barred from applying for readmission for five years. His request for attorney fees was denied. View "ISB v. Oleson" on Justia Law

Plaintiff Christian L. Johnson sued his employer, the California Department of Transportation (Caltrans), for claims related to his employment. During the litigation, Paul Brown, an attorney for Caltrans, sent an email to Johnson’s supervisor, Nicolas Duncan, which Duncan then shared with Johnson. Johnson forwarded the email to his attorney, John Shepardson, who further disseminated it to several experts and individuals. Caltrans sought a protective order, claiming the email was covered by attorney-client privilege. The trial court granted the protective order and later disqualified Shepardson and three experts for non-compliance with the order.The Superior Court of San Joaquin County issued the protective order, finding the email privileged and prohibiting its further dissemination. Johnson and Shepardson were ordered to destroy all copies and identify all individuals who had received the email. Caltrans later filed a motion to enforce the order and subsequently a motion to disqualify Shepardson and the experts, which the trial court granted, citing Shepardson’s continued use and dissemination of the email despite the protective order.The California Court of Appeal, Third Appellate District, reviewed the case. The court affirmed the trial court’s decision, holding that the Brown email was protected by attorney-client privilege. The court found that Shepardson breached his ethical obligations by using and disseminating the email after Caltrans asserted the privilege and the trial court issued the protective order. The court concluded that Shepardson’s actions created a substantial risk of undue prejudice and undermined the integrity of the judicial process, justifying disqualification. The court also rejected Johnson’s arguments regarding waiver of the privilege and undue delay by Caltrans in seeking the protective order and disqualification. View "Johnson v. Dept. of Transportation" on Justia Law

Anthony Brookins was found guilty by a jury in May 2009 of a firearm offense and a drug trafficking charge. He was sentenced to 120 months and 240 months, respectively, to be served concurrently, along with three- and ten-year periods of supervised release. The District Court later reduced his drug trafficking sentence to 180 months. After his release from prison in December 2019, Brookins began his supervised release. In May 2023, his probation officer filed a petition alleging five violations of his supervised release, including charges of simple assault and harassment, positive drug tests for cocaine, and failure to participate in a substance abuse program. A supplemental petition added a sixth violation related to another domestic incident.The United States District Court for the Western District of Pennsylvania held a revocation hearing where Brookins admitted to failing to comply with the substance abuse treatment program (violation number 5). The government withdrew the other five alleged violations. The District Court found Brookins guilty of the Grade C violation and sentenced him to 14 months of imprisonment, followed by supervised release with conditions including participation in an intensive drug treatment program and no contact with the alleged victim of the domestic incidents.Brookins filed a pro se notice of appeal. The United States Court of Appeals for the Third Circuit reviewed the case. Brookins's appellate counsel filed an inadequate Anders brief, failing to provide a thorough examination of the record or address the specific issues raised by Brookins. The Third Circuit discharged the counsel and directed the Clerk of Court to appoint new counsel for Brookins, emphasizing the need for diligent and thorough representation in compliance with Anders v. California. View "USA v. Brookins" on Justia Law

Crystal Lorene Limary and Shaun Patrick McLean were married in 2015 and had one child together. They moved into a house purchased by Shaun's parents in 2016, making monthly payments to them until 2019 when Shaun took out a mortgage to buy the house, using a $70,000 gift of equity from his parents as a down payment. Crystal filed for divorce, and the couple disagreed on the classification of the house, the $70,000 gift, a camper trailer, and the parenting schedule for their daughter.The magistrate court held a four-day trial, during which it extensively questioned the parties and witnesses. The court determined that the house and camper trailer were community property and that the $70,000 was a gift to both Crystal and Shaun. Shaun appealed, arguing that the magistrate court's conduct at trial was inappropriate and biased. The district court agreed, finding that the magistrate court's active participation obscured the reliability of its decision. The district court vacated the judgment and remanded the case with instructions to reassign it to a different judge.The Supreme Court of Idaho reviewed the district court's decision and affirmed it. The court held that the magistrate court abused its discretion by extensively questioning the parties and witnesses, which affected Shaun's right to a fair trial. The court concluded that the district court did not err in vacating the judgment and remanding the case for a new trial with a different magistrate judge. Neither party was awarded attorney fees on appeal, but costs were awarded to Shaun as the prevailing party. View "Limary v. McLean" on Justia Law