Legal Ethics & Malpractice Reporter, Vol. 4, No. 10

Published: 31 October 2023

Contents

  • FEATURE ARTICLE: Multitasking in Court
  • NEW AUTHORITY: Kansas Courts’ “Security Incident”
  • ETHICS & MALPRACTICE RESEARCH TIP: New Articles from The Current Index to Legal Periodicals
  • A BLAST FROM THE PAST: Sacred Authority

EDITED BY: Professor Mike Hoeflich

PUBLISHED BY: Joseph, Hollander & Craft LLC

October 31, 2023

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 4, No. 10


FEATURE ARTICLE: Multitasking in Court

A rather bizarre and interesting case is wending its way through the Oklahoma judicial disciplinary system. The Chief Justice of Oklahoma initiated the case, whose charges involve the in-court behavior of a new judge, Traci Soderstrom, during a murder trial this past summer. The facts, as alleged by Chief Justice M. John Kane IV and reported by various media outlets, seem taken out of a bad television sitcom.

Judge Soderstrom’s acts occurred at the trial of Khristian Tyler Martzall. Mr. Martzall was on trial for murder. There are few situations in which a judge must be more vigilant and decorous thana murder trial—when someone’s life has already been lost and the life and freedom of the defendant depend on the trial’s outcome. It would appear from the Chief Justice’s forty-seven page complaint, that Judge Soderstrom was rather insensitive to the grave and delicate nature of the proceedings. . . .

READ THE FULL ARTICLE


NEW AUTHORITY: Kansas Courts’ “Security Incident”

Recently I participated in a Topeka Bar Association CLE on digital and cyber security with Paul Cope and Diane Bellquist. The CLE—scheduled several weeks before—happened to fall one week after a “security incident” that had made it impossible to use Kansas courts’ electronic filing system and other online court services. On October 12, 2023, the Kansas Supreme Court had issued Administrative Order 2023-CC-073 stating that these court services were “inaccessible.”

Although there was some amusement expressed at this situation, for the most part the reaction of everyone present was one of serious concern. There was concern about how long discontinuation of the court system’s online services would continue and, also, whether this was just one more incident in a growing problem with our reliance upon online services. . . .

READ THE FULL ARTICLE


ETHICS & MALPRACTICE RESEARCH TIP: New Articles from The Current Index to Legal Periodicals

  1. Michael Ariens, The Fall of an American Lawyer, 46 J. Legal Prof. 195 (2022). Anything Professor Ariens writes on legal ethics is worth study.
  2. Margaret Canary, The Importance of Lawyers’ Control over Regulation of the Legal Profession: A History of Self- Regulation, from the Long Parliament of 1641 to the Alabama State Bar, 46 J. Legal Prof. 309 (2022). The Legal profession needs to understand its history. The history of professional autonomy in the area of regulation through control of professional discipline is critical.
  3. Ralph B. L. Marcuccilli, Ethical Issues Surrounding the Exchange of Equity for Legal Services, 46 J. Legal Prof. 325 (2022). 

A BLAST FROM THE PAST: Sacred Authority

As well, in the domain of public as of private law, the great fundamental opinion ought to be, THAT AUTHORITY IS SACRED.

—George Sharswood, An Essay on Professional Ethics ( Phila., 1856), p.xl

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 4, No. 10


About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 25 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.

Our Locations

Kansas City | 816-673-3900

926 Cherry St
Kansas City, MO 64106
VISIT SITE

Lawrence | 785-856-0143

5200 Bob Billings Pkwy, #201
Lawrence, KS 66049
VISIT SITE

Overland Park | 913-948-9490

10104 W 105th St
Overland Park, KS 66212
VISIT SITE

Topeka | 785-234-3272

1508 SW Topeka Blvd
Topeka, KS 66612
VISIT SITE

Wichita | 316-262-9393

500 N Market St
Wichita, KS 67214
VISIT SITE

Contact Joseph, Hollander & Craft LLC

Contact Joseph, Hollander & Craft to discuss how our team of attorneys can help you.

Hidden
This field is for validation purposes and should be left unchanged.