IN RE FENGLING LIU

2nd Circuit 

In re Fengling Liu (2nd Cir. Nov. 22, 2011)

PER CURIAM (Cabranes, Sack, Wesley)

Summary: Ms. Liu was disciplined by a public reprimand for misconduct, including negligence to clients, failing to keep clients apprised of cases, failing to timely withdraw, and improperly filing petitions in the wrong circuit. A disciplinary panel had also recommended discipline for her actions in assisting pro se individuals to file Petitions for Review in the Court of Appeals (which she said was to preserve their legal rights). The Court of Appeals rejected this ground for discipline, finding that what she did was not wrongful. Contra Duran v. Carris, 238 F.3d 1268, 1271-73 (10th Cir. 2001) (per curiam); Ellis v. Maine, 448 F.2d 1325, 1328 (1st Cir. 1971) (disapproving of members of bar “represent[ing] petitioners, informally or otherwise, and prepar[ing] briefs for them which the assisting lawyers do not sign, and thus escape the obligation imposed on members of the bar ... of representing to the court that there is good ground to support the assertions made”).

Read the opinion here.

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