Attorney / Teacher / Legal Writer um University of Memphis / QP Legal
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LEGL2400 Sample Presentation #1
3. Feb 2018•0 gefällt mir•228 views
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This is a sample presentation for my LEGL 2400 class. It shows how students might organize their presentations when discussing recent decisions from the Board of Professional Responsibility. (This is for my LEGL 2400 students only.)
3. Criminal Cases Abandoned
Two complaints filed against Mr. Clark by former clients
Accepted payment in both cases
Court dates arrive - no call, no show
4. Unfinished Divorce
Accept client’s payment for divorce
Default judgement was granted
Only two last steps to take for divorce to be complete but did not do them
5. Fake Divorce #1
Accepted payment for a divorce
Filed nothing with the court
Told client that she was divorced
6. Fake Divorce #2
Accepted payment for a divorce
Filed initial complaint, nothing else
Forged divorce decree
Told client she was divorced
Client’s “ex” husband remarried
7. Rules Broken
Rule 1.16 – “…A lawyer shall not represent a client or,
where representation has commenced shall withdraw
from the representation of a client…”
1.16 - “Declining or Terminating Representation”
(a, 1) Must withdraw to avoid breaking rules of
professional conduct
(c) Must notify court
(d, 6) & 1.5 - Fees
8. Rules Continued
1.3 – “Diligence”
1.4 – “Communication”
5.5 – “Unauthorized Practice”
8.4 – “Misconduct, Crime,
Deception/Fraud”
(a) Violate Rules of Professional
Conduct
(b) Crime
(c) Dishonesty
9. How This Should Have Been Handled
Should have withdrawn from representation properly when suspended
Should have refunded fees for work he didn’t do
Should have worked properly on cases, finished the incomplete case
Should have voided forging judge’s signature
10. Punishments Imposed
Mr. Clark was disbarred
…and convicted of forgery
…and disbarred again because of the conviction
…and had to pay restitution to his clients and others affected
…and had to pay hearing fees to the board.
11. Sources
• “In Re: John Jay Clark”, Board of Professional Responsibility of the
Supreme Court of Tennessee, May 11, 2016
• “Williamson County Lawyer Disbarred (1)”, Board of Professional
Responsibility of the Supreme Court of Tennessee, Dec. 15, 2016
• “Williamson County Lawyer Disbarred (2)”, Board of Professional
Responsibility of the Supreme Court of Tennessee, Aug. 9, 2017
• “Williamson County lawyer disbarred twice after forging judge’s
signature”, Sarah Grace Taylor, Franklin Home Page, Aug. 20, 2017