Houston lawyer Richard T. Howell Jr., whose firm was scammed out of $182,500 by a client who contacted and hired him through e-mail, says he is talking publicly about the situation so he can prevent other Texas lawyers from making the same mistakes.

“I’m a capital ‘D’ Dumbass,” says Howell, who has practiced law for 23 years and is a partner in Buckley, White, Castaneda & Howell.

In October 2008, Howell became the victim of a sophisticated, international version of a classic check-fraud scam…

Because he is responsible, Howell says, he did not ask his partners to help him cover the loss, which stemmed from collections work Howell did for a client who said he was a businessman in Japan. To reimburse his firm, Howell says, he had to borrow money on a home equity loan.

Howell’s firm sued Citibank… alleging the New York bank was negligent and engaged in negligent misrepresentation when it represented to Howell that a $367,000 check — that was supposed to be a payment to Howell’s client from a customer — had cleared when, in fact, it was a bogus check….

Howell says that with a 33.3 percent fee, the prospect of collecting $3.6 million in unpaid invoices for the client was a big lure. “To me, it sounded like it could be a potentially lucrative client from Japan,” Howell says.

“Sounded like?” Is that how lawyers are supposed to operate? If it sounded good, then it’s okay? Hey Howell, I’m a Nigerian prince. Please keep an eye out for my email.

Read the whole story.

• Orrick, Herrington & Sutcliffe LLP Adds Five Partners to NY Acquisition Finance Practice
• Morning Roundup
• Crowell & Moring – No Comment on Merger Rumors
• Thelen Won’t Pay Laid-Off Workers
• Heller Ehrman Files for Bankruptcy; Remaining Employees May Not Be Paid

“This letter shall serve as formal notification to you that upon my taking office as District Attorney for Polk County, your current appointment as deputy district attorney will expire. If you wish to be considered for subsequent appointment by me, please contact my secretary…

The AFSCME insists that Butterfield is overstepping his authority. AFSCME Local 173′s Don Loving:

“The union that represents Polk County employees … will vigorously oppose any effort by Polk County District Attorney-elect Stan Butterfield to replace any of the current five deputy district attorneys.”

Butterfield insists that the deputy DAs are “at will” employees; the union replies that’s a misunderstanding of Oregon labor law.

“These are employees represented by a legal and binding collective bargaining agreement. Mr. Butterfield’s election comes with no magic wand that eliminates that agreement. Moreover, this exact same type of case has been litigated several times all the way to the Oregon Supreme Court, and the courts have been clear in siding with the represented employees.”

Loving said a union attorney has sent Butterfield a letter outlining the legal history of similar cases.

In Oregon, elected district attorneys have the leeway to appoint replacement deputies in the event of a resignation or to terminate with reasonable cause. But the district attorney is not authorized to make a carte blanche change.

Via The Statesman-Journal.

• Layoffs for Sacramento DA Office
• Boulder County DA Fires 6 Prosecutors
• LA County DA Not Immune to Retaliation Claim
• Myrl Serra Disbarred For A Felony And Misdemenor Harassment Charges
• Ex-employee Files Suit Against Former Law Firm