Seminar Number

107276

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CLE Hours
(Self-Study Only)

3 CLE Hours
including
1 Ethics Hour,
1 Professionalism
Hour and
3 Trial Practice
Hours

17th Annual
CONVOCATION ON PROFESSIONALISM

RECORDED JANUARY 13, 2010

Co-Sponsor:
Family Law Section, State Bar of Georgia

Presiding:
John C. Mayoue, Program Chair, Warner, Mayoue, Bates & McGough, Atlanta

Welcome and Program Overview
John C. Mayoue

I. First Amendment Speech Inside the Courtroom

Frivolous Litigation Sanctions and the First Amendment

  1. Canatella v. Stovitz., 365 F.Supp. 2d 1064 (N.D. Cal. 2005)
  2. Orly Taitz case

II. Courtroom attire and the First Amendment

  1. Bank v. Katz, 2009 WL 3077147 (E.D. N.Y. 2009)
  2. Federal Judges Grouse About Lawyers’ Courtroom Attire,” The National Law Journal (May 21, 2009)
  3. “At a Symposium of Judges, a Debate on the Laws of Fashion,” The New York Times (May 22, 2009)
  4. “Judges and Attorneys Agree that Courtroom Attire Should be Professional,” Pittsburgh Post-Gazette (May 31, 2009)

III. Frivolous Litigation

  1. “Silly, Baseless Lawsuits,” LAW.Com (August 24, 2009)
  2. Motion For Sanctions Must Itself be Non-Frivolous
    • Northwest Bypass Group v. Army Corps of
      Engineers, 569 F.3d 4 (1st Cir. 2009)
    • Shelley v. Shelley, 688 N.Y.S.2d 439 (N.Y. 1999)

IV. Was David Letterman blackmailed twice?

  • Ethics of Public Statements by Defense Counsel

V. Technology and Legal Advertising

  1. Whether a Lawyer Can Pay a Non-Lawyer for
    Each Internet-Based Client Lead that the Non-
    Lawyer Generates—Unethical Referral Fee or
    Simply a Fee for Advertising?
  2. Louisiana: Challenge to Constitutionality of
    Amendments to Lawyer Advertising Limitations

VI. Current Supreme Court Cases Regarding
Professional Responsibility:

“Prioritizing Professional Responsibility and the Legal Profession: A Preview of the Untied States Supreme Court’s 2009-2010 Term,” Professor Renee Newman Knake, 6 Duke Journal of Constitutional Law & Public Policy Sidebar, Volume 5:1, 2009.  Professor Knake posits that the unprecedented number of professional responsibility cases scheduled to be heard by the Supreme Court this term, when considered together, signal the
Court’s prioritization of concerns related to the roles and obligations of attorneys.  

  1. Milavetz, Gallop & Milavetz, P.A. v. United States:  Attorney Advice and Advertising
    • Whether bankruptcy code prohibiting debt relief agency from advising clients to incur debt in contemplation of bankruptcy is unconstitutionally  overbroad; whether code’s disclosure requirements are reasonably related to government’s interest in protecting consumers from deceptive advertising.
  2. Holder v. Humanitarian Law Project: Attorney Advice
  3. Padilla v. Kentucky: Attorney Misadvice
  4. Wood v. Allen: Attorney Inexperience and Duties of Supervising Attorneys
  5. Holland v. Florida: Attorney Negligence
  6. Smith v. Spisak: Attorney Loyalty and Strategy
  7. Mohawk Industries, Inc. v. Carpenter:  Attorney-Client Privilege
  8. Perdue v. Kenny A., ex. rel. Winn: Attorney’s Fees
    • Justice Alito on the quality and honesty of trial judges: “Justice Samuel Alito Jr. said he was ‘very troubled’ by the notion of a judge taking 4-plus million dollars from the taxpayers of Georgia and giving it as a bonus to the lawyers in the case for good performance. ‘It seems totally standardless,’ Alito said. ‘I see a great danger that trial judges are going to use this as a way of favoring their favorite nonprofit foundation or their favorite cause or their favorite attorney.” High Court Justices Doubt Lawyers Should Be  Paid Extra for Winning, Tony Mauro, The  National Law Journal, October 15, 2009
  9. Astrue v. Ratliff: Attorney’s Fees
  10. Pottawattamie County, Iowa v. McGhee:  Attorney Immunity

PANELISTS
Hon. Robert J. Castellani, Judge, Superior Court, Stone Mountain Judicial Circuit, Decatur
Hon. J. Stephen Schuster, Judge, Superior Court, Cobb Judicial Circuit, Marietta
Hon. Gail S. Tusan, Judge, Superior Court, Atlanta Judicial Circuit, Atlanta
Eugene P. Chambers, III, Esq., McGinnis & Chambers, LLC, Atlanta
Rachel M. Snider, Esq., Levine & Smith, LLC, Atlanta