Tag Archives: Attorney discipline

Practitioner Discipline: Sixth Circuit More Likely Than Not to Uphold Sanctions

A review of Sixth Circuit appeals mentioning “sanctions” in the last twelve months turned up fewer than a dozen cases, but an overview of their holdings reveals a few insights for practitioners in the Circuit. Given that the standard for review of the imposition of sanctions is generally “abuse of discretion,” it is not too … Continue Reading

Sixth Circuit Holds Kentucky Bar Association Unconstitutionally Applied Rule of Professional Conduct to Curb Free Speech

In Berry v Schmitt, the Sixth Circuit held that the Kentucky Bar Association (“KBA”) could not use Kentucky Rule of Professional Conduct 8.2(a) to bar an attorney, John Berry, from commenting on the Kentucky Legislative Ethics Commission investigation of Senate President David Williams.  Senator Williams was investigated for alleged fund-raising violations.  Berry attended the public … Continue Reading

Sixth Circuit Hears Appeal by Attorneys Convicted of Defrauding Clients in Fen-Phen Settlement

On Tuesday, January 17, 2012, the Sixth Circuit heard oral argument of an appeal by two Kentucky attorneys who were convicted of defrauding their clients of millions of dollars in settlement funds.  In their briefing, appellants alleged a host evidentiary improprieties and deficiencies as well as constitutional violations. Attorneys William Gallion and Shirley Cunningham represented over 400 … Continue Reading

Circuits Use Various Procedures For Attorney Discipline – But It Appears That Only The Sixth Circuit Treats Disbarment As Confidential

We posted earlier about some interesting language in a disbarment case, noting in passing that the Sixth Circuit – unlike most courts — appears to treat its disbarments as confidential.  The circuits have a surprising amount of variation in the formality in their approach to disciplinary proceedings.  Some (like the First, Second, Third, Fourth, Sixth, Tenth, Eleventh, and Federal … Continue Reading

An Accidental End To Piecemeal Disbarment In The Federal Courts?

Carole Squire, a former judge on the Franklin County, Ohio Domestic Relations and Juvenile Court, has been the subject of many news stories regarding accusations of judicial misconduct and an appeal of election results.  She received a two-year disbarment from the Ohio Supreme Court, and the Sixth Circuit just affirmed a similar suspension.  Federal court … Continue Reading