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Legal Profession Blog

Legal Profession Blog

Edited by S. Alan Childress, Michael S. Frisch, Jeffrey M. Lipshaw and Nancy B. Rapaport.

http://lawprofessors.typepad.com/legal_profession/
  • Aug 25

    "The Most Shocking, Unethical, And Unprofessional [Misconduct] As Has Ever Been Brought Before This Court"

    "The Most Shocking, Unethical, And Unprofessional [Misconduct] As Has Ever Been Brought Before This Court"
    The Florida Supreme Court has permanently disbarred two attorneys who set up opposing counsel for a DUI The Respondents in these two cases, Adam Robert Filthaut and Robert D. Adams, were members of a law firm, Adams & Diaco, P.A.,...
  • Aug 25

    Death Be Not Planned

    Death Be Not Planned
    A new one on me. A deceased attorney has been chided by the New York Appellate Division for the Third Judicial Department for dying without a succession plan for his solo practice. James R. Hickey Jr. (hereinafter decedent) was admitted...
  • Aug 25

    Tamm Negotiated Discipline Imposed

    Tamm Negotiated Discipline Imposed
    The ethics saga of DOJ whistleblower Thomas Tamm ended after more than a decade with the adoption of a negotiated public censure by the District of Columbia Court of Appeals. Based upon respondent’s recognition that during the course of…
Rank this Week: 125

Legal Ethics Forum

Legal Ethics Forum

By Professors John Dzienkowski, Brad Wendel, John Steele, David Hricik, Andrew Perlman, David McGowan, Laura Appleman, Steve Lubet, Anita Bernstein, Don Burnett, and Steve Berenson..

http://www.legalethicsforum.com/blog/
Rank this Week: 175

My Law License

My Law License

Covers the Florida bar admission and grievance process. By Brian Tannebaum.

http://mylawlicense.blogspot.com/
  • Jul 31

    The One Reason Donald Trump Should Never Be President

    The One Reason Donald Trump Should Never Be President
    This has been the worst Presidential campaign in my lifetime and likely in America’s history. Let’s assume - for the purpose of preventing heads from exploding – that Hillary Clinton is a criminal, a liar, is responsible for…
  • Jun 26

    On Fatherhood

    On Fatherhood
    Yesterday I dropped my oldest daughter off for a month away on a college campus. It’s a summer program. She’ll be back in 30 29 days. Back in the house, back for me to see every day, back to tell me where she’s going and…
  • Apr 27

    Professor Jeff Jarvis, The Joke

    Professor Jeff Jarvis, The Joke
    "Jeff Jarvis, a national leader in the development of online news, blogging, the investigation of new business models for news, and the teaching of entrepreneurial journalism, writes an influential blog, Buzzmachine.com. He is author of…
Rank this Week: 493

New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Covers legal malpractice basics, cases and news. By Andrew Lavoott Bluestone.

http://blog.bluestonelawfirm.com/
  • Feb 23

    No Expert? Motion to Dismiss Denied

    No Expert? Motion to Dismiss Denied
    Issues that are beyond the "ken" of ordinary jurors require expert testimony says the First Department in Wadsworth Condos, LLC v Dollinger Gonski & Grossman 2014 NY Slip Op 00930 [114 AD3d 487] February 13, 2014 Appellate Division, First…
  • Feb 20

    Judiciary Law 487 Relief "Not Lightly Given"

    Judiciary Law 487 Relief "Not Lightly Given"
    Judiciary Law 487, the attorney-deceit statute, part of the common law, is reserved by the Appellate Division for really really bad conduct.  It is not "lightly given."  While proof does not require "clear and convincing" evidence,…
  • Feb 19

    A Legal Malpractice Case Lost on the "But For" Rule

    A Legal Malpractice Case Lost on the "But For" Rule
    As we discussed yesterday, courts are eager to dismiss legal malpractice cases, early in the case or late, on the question of whether Client can show that "but for" the attorney's negligence there would have been a better economic outcome for…
Rank this Week: 470

Nancy Rapoport's Blogspot

Nancy Rapoport's Blogspot

Covers governance in higher education and in law firms, bankruptcy ethics, popular culture and the law, Enron and other corporate fiascos, and professional responsibility generally. By Nancy Rapoport, a law professor at UNLV's Boyd School of Law.

http://nancyrapoport.blogspot.com/
  • Aug 10

    Stephen Fry and depression---a great read.

    Stephen Fry and depression---a great read.
    Here.  For those of us who have lived through depression, it's hard to explain to those who haven't.  Thanks to folks like Stephen Fry, the Bloggess, and Hyperbole and a Half, it's possible to get an inkling of this particular…
  • Jul 24

    Dear Hilton Corporation:

    Dear Hilton Corporation:
    Why is it, that at least one Doubletree, you have set the systems running the televisions (according to the repairperson I met yesterday) to change, at random times, from the channel that I want to watch to the Movie Promo channel, thereby…
  • Jul 24

    Last-minute advice for bar exam takers.

    Last-minute advice for bar exam takers.
    On one of our other blogs (here).
Rank this Week: 592

Bad Prosecutors

Bad Prosecutors

Focuses on bad prosecutors and bad prosecutorial acts. By the Bennett Law Firm.

http://bennettlawfirm.typepad.com/badprosecutors/
Rank this Week: 651

Law Firm Risk Management Blog

Law Firm Risk Management Blog

Discusses of compliance, conflicts, intake and other risk issues for law firm risk professionals.

http://www.lawfirmrisk.com/
  • Aug 21

    Clients Canceled or Curtailed (Closing Can Cause Consternation)

    Clients Canceled or Curtailed (Closing Can Cause Consternation)
    Two partners from Dentons weigh in on the theme of closing matters and disengaging from client relationships with: "Don't Wait for the New Year to Close Old Files" --"The formal termination of an attorney-client relationship through a file…
  • Aug 18

    Conflicts Complexities (or "Unknown Unknowns, Knowable Unknowns, Etc...")

    Conflicts Complexities (or "Unknown Unknowns, Knowable Unknowns, Etc...")
    From "The Bencher" magazine comes: "Court Disqualifies Firm Based on Representation of Affiliated Subsidiary" --"...a recent decision by a federal district court in which a law firm was disqualified based on its representation of two adverse…
  • Aug 17

    Waivers Wavering?

    Waivers Wavering?
    A few stories worth reviewing in greater detail, before waving goodbye today. First: "Waivers Found Useless in Sprawling Medical Fraud Case" --"A law firm had a disqualifying conflict of interest in representing both the plaintiff in civil…
Rank this Week: 1438

Civilian's Guide to Lawyers

Civilian's Guide to Lawyers

Covers legal fees, malpractice, ethics, lawyer selection, and current legal events. By John Toothman.

http://blog.civiliansguidetolawyers.com/
  • Apr 27

    No Will, No Way: Prince apparently dies without a Will

    No Will, No Way: Prince apparently dies without a Will
    The untimely death of the artist finally known as Prince is an important lesson for everyone.  It seems Prince died without a Will, “intestate” as they say, so apparently he made no provision for handling his valuable estate,…
  • Apr 24

    Bully Pulpit: Lawyer sues for missing $2.25 side order

    Bully Pulpit: Lawyer sues for missing $2.25 side order
    There are people who love to threaten litigation over trivial, non-justiciable slights that should be thrown out of court, probably with sanctions.  This is pretty common with certain insecure or uneducated fools, especially bullies like…
  • Apr 23

    Abandoned in Place: Global law firm abandons DC and NY back office operation

    Abandoned in Place: Global law firm abandons DC and NY back office operation
    In the old “Perry Mason era,” a law firm was mostly lawyers (almost all men), each with a secretary (almost all women) — the more wood on the walls, the better.  And each lawyer had a fairly big, personal office,…
Rank this Week: 1679

Buffalo Wings & Toasted…

Buffalo Wings & Toasted Ravioli

Law, social media, and social networking technologies, with excursions into politics, travel, food and drink. By Professor James G. Milles.

http://jimmilles.com
  • Aug 4

    Testimony Before the New York Commission on Statewide Attorney Discipline

    Testimony Before the New York Commission on Statewide Attorney Discipline
    This afternoon I appeared to speak at a hearing in Buffalo held by the New York Commission on Statewide Attorney Discipline. Chief Judge Jonathan Lippman created the Commission on Statewide Attorney Discipline to conduct a…
  • Feb 17

    Never Let a Crisis Go to Waste: Teaching in Law Schools Today

    Never Let a Crisis Go to Waste: Teaching in Law Schools Today
    Here are some brief comments I made today at a UB seminar on Teaching and Learning in the Classroom of the Future: I’m not at all confident about predicting the future. It’s hard enough just seeing clearly what’s going…
  • May 12

    Law School Abhors a Vacuum

    Law School Abhors a Vacuum
    Nicole Black’s latest piece has useful and important things to say about law practice and the state of legal education. In recent months, because of a number of professional endeavors, I’ve had the opportunity to engage with…
Rank this Week: 1407

Attorney at Work

Attorney at Work

Covers managing and growing your law practice, with a focus on technology, marketing, and management. By Merrilyn Astin Tarlton, Joan Feldman and Mark Feldman.

http://www.attorneyatwork.com
  • Aug 25

    Text Expansion for Fun and Profit

    Text Expansion for Fun and Profit
    For a practicing attorney, efficiency and accuracy are key components of effective work habits. If you can get your work done more quickly, and avoid mistakes such as typos (or overlooking something you meant to say), you will be more…
  • Aug 25

    Text Expansion for Fun and Profit

    Text Expansion for Fun and Profit
    For a practicing attorney, efficiency and accuracy are key components of effective work habits. If you can get your work done more quickly, and avoid mistakes such as typos (or overlooking something you meant to say), you will be more…
  • Aug 24

    Why Clients Drive Technology Adoption

    Why Clients Drive Technology Adoption
    Recently, I hired a lawyer. Not only did I have to print and sign an engagement letter, I also had to mail a check and manually complete a form that was then transferred to a Word document, which I then had to sign by hand. Compared to my…
Rank this Week: 1951

Chicago Legal Malpractice Lawyer…

Chicago Legal Malpractice Lawyer Blog

Covers legal malpractice. By The Clinton Law Firm.

http://www.chicagolegalmalpracticelawyerblog.com/
  • Aug 22

    The Statute of Repose Defeats Claim of Terra Museum

    The Statute of Repose Defeats Claim of Terra Museum
    The Terra Museum sued its former attorneys, DLA Piper, for legal malpractice arising out of a real estate deal gone bad. Terra claimed that, due to a drafting error, it was required to pay the other party to the real estate deal millions more…
  • Aug 17

    Nevada Supreme Court Holds That Legal Malpractice Claim Cannot Be Assigned 

    Nevada Supreme Court Holds That Legal Malpractice Claim Cannot Be Assigned 
    One of the longest-running controversies in the legal malpractice cases is whether the owner of a legal malpractice claim may assign it to another party. Once it was black letter law that a legal malpractice claim could not be assigned. In…
  • Aug 16

    Washington Holds That Actual Innocence Is Required Before A Criminal Defendant Can Sue His Attorney for Malpractice

    Washington Holds That Actual Innocence Is Required Before A Criminal Defendant Can Sue His Attorney for Malpractice
    I have written several times over the past year about the actual innocence rule, which requires a criminal defendant to prove actual innocence before he can sue his criminal defense lawyer for legal malpractice. Several courts have abandoned…
Rank this Week: 2266

Guile is Good! Why We Need Lawyers

Guile is Good! Why We Need Lawyers

Stories, movies, and books, all with the same there--how lawyers can help make a better world.

http://www.guileisgood.com
  • Aug 21

    A Wise Latina

    A Wise Latina
    Sonia Sotomayor has been a different kind of Supreme Court justice from the beginning.   At her confirmation hearing, instead of putting the Senate committee to sleep with platitudes, she told a male Senator that she thought a…
  • Aug 1

    Guilty Till Proven Innocent– and Even After!

    Guilty Till Proven Innocent– and Even After!
    Amy Albritton learned the hard way that the American criminal justice system assumes that those charged with crime are guilty, at least until proven innocent, and sometimes even after. This article from the New York Times Magazine sets out…
  • Jul 18

    My Favorite Villain

    My Favorite Villain
    Better Call Saul’s Jimmy McGill (Bob Oderkirk) has a lot of qualities I admire. Jimmy is smart, funny, and irreverent, both a friend to the underdog, and a plague on the pompous. What’s not to like? Still I’m starting to…
Rank this Week: 2357

The Ethical Investigator

The Ethical Investigator

Covers asset searches, bribery, due diligence, money laundering and scams. By Charles Griffin Intelligence.

http://www.ethicalinvestigator.com/
  • Jul 14

    Where the Electronic Data Are Makes All the Difference

    Where the Electronic Data Are Makes All the Difference
    It’s cloud illusions I recall I really don’t know clouds at all –Joni Mitchell Today’s decision by the Second Circuit that Microsoft did not have to hand over data stored on its server in Ireland should remind us all…
  • Jun 27

    Brexit’s Prediction Lesson for Investigator

    Brexit’s Prediction Lesson for Investigator
    What lesson does the Brexit vote hold for anyone conducting or contemplating fact investigation? Don’t let confirmation bias muddy your thinking. One of the key “Investigator’s Enemies” identified in my book, The Art…
  • May 30

    How to Improve Your Privacy by Staying Off Database

    How to Improve Your Privacy by Staying Off Database
    A reader of my new book, The Art of Fact Investigation, suggested that for the next edition there should be a chapter about legal ways to “hide from snoopers, private and public sector. I am probably not the only one who was thinking as…
Rank this Week: 2022

Legal Malpractice Lawyer Blog

Legal Malpractice Lawyer Blog

Covers legal ethics and law practice. By Keith L. Miller, Esq.

http://www.legalmalpracticelawyer.com/
  • Jul 12

    Hidden Treasure and Bad Faith Leads to Sanction

    Hidden Treasure and Bad Faith Leads to Sanction
    Richard Thomas Robol, Esq., who aided in the recovery of treasure from a shipwreck, has been sanctioned by a District Court in Ohio for engaging in bad faith conduct during related litigation. Robol represented Recovery Limited Partnership…
  • Jul 7

    Indiana Court of Appeals Reverses Dismissal

    Indiana Court of Appeals Reverses Dismissal
    The Indiana Court of Appeals has reversed the dismissal of a woman’s malpractice complaint against her attorney, finding that the trial court’s Rule 12(b)(6) Order was improper.   Elaine Chenore hired Attorney Robert Plantz…
  • Jun 22

    Skadden $35 Million Legal Malpractice Suit

    Skadden $35 Million Legal Malpractice Suit
    Creditors of a bankrupt conglomerate have sued Skadden, Arps, Slate, Meagher & Flom in New York state court, after allegations that Skadden acted unethically in failing to disclose or obtain waivers for multiple conflicts. The plaintiffs…
Rank this Week: 2604

Boston Legal Malpractice Lawyer…

Boston Legal Malpractice Lawyer Blog

Covers legal malpractice issues and cases. By the Law Offices of Keith L. Miller.

http://www.bostonlegalmalpracticelawyer.com/
  • Jun 16

    Admonition to Massachusetts Attorney

    Admonition to Massachusetts Attorney
    An attorney who poorly represented a buyer of a residential property in Massachusetts has received an admonition for his conduct. The attorney was admitted to practice in Massachusetts in 1985 and had no disciplinary history. While…
  • Jun 16

    Admonition to Massachusetts Attorney

    Admonition to Massachusetts Attorney
    An attorney who poorly represented a buyer of a residential property in Massachusetts has received an admonition for his conduct. The attorney was admitted to practice in Massachusetts in 1985 and had no disciplinary history. While…
  • Apr 1

    New Hampshire Supreme Court Reaffirms Position that Attorney for Testator owes no duty of Care to potential Beneficiary Under an unsigned Will

    New Hampshire Supreme Court Reaffirms Position that Attorney for Testator owes no duty of Care to potential Beneficiary Under an unsigned Will
    The New Hampshire Supreme Court has affirmed the decision of a lower court, dismissing a legal malpractice claim against a lawyer and her firm, who allegedly failed to secure the execution of a will, just prior the death of the testate. The…
Rank this Week: 3485

California Partner Departure Law

California Partner Departure Law

Covers employment litigation and dispute resolution. By O\'Rielly & Roche LLP.

http://www.partnerdeparturelaw.com/
Rank this Week: 2271

On Lawyering

On Lawyering

Features news and commentary on the law and culture of lawyers. By Richard T. Cassidy.

http://onlawyering.com
  • May 27

    Judge Rules That That the Collateral Consequences of Conviction Justify the Release of a Drug Offender

    Judge Rules That That the Collateral Consequences of Conviction Justify the Release of a Drug Offender
    “Earth’s most impassable barriers – as Lincoln the lawyer knew, as Lincoln the writer knew – are often those formed not of walls and trenches, nor even of mountains and oceans, but of laws and words.”[1] Senior…
  • May 3

    Deflategate is a Legal Vacuum

    Deflategate is a Legal Vacuum
    Last week the Second Circuit Court of Appeals[1] upheld the ruling of NFL Commissioner Roger Goodell to suspend Tom Brady for four games because of his alleged role in the Deflategate scandal. It is a decision that should have been no…
  • Apr 1

    Should Your Law Firm Have a Social Mission?

    Should Your Law Firm Have a Social Mission?
    That question has been running through my mind anew since I happened to pick up the March issue of Inc. Magazine last weekend. The cover story, Why Shark Tank’s Kevin O’Leary Wants You to be Evil,” pits traditional…
Rank this Week: 4919

Pennsylvania Legal Blog

Pennsylvania Legal Blog

Commentary and news about the Pennsylvania Legal community. By the Law Offices of Daniel J. Siegel, LLC.

http://www.palegalblog.com
Rank this Week: 2620

Legalethics.com

Legalethics.com

Focuses on the ethical issues associated with the use of technology by legal professionals. By Professor David Hrcik and Peter Krakaur.

http://www.legalethics.com
  • Feb 25

    Proposed California state bar opinion offers guidance regarding blogs as lawyer advertising

    Proposed California state bar opinion offers guidance regarding blogs as lawyer advertising
    California’s Interim Formal Opinion 12-0006 suggests that advertising ethics rules should apply to law firms and lawyers that publish blog posts as part of their website. See the interim opinion or articles discussing the opinion (an…
  • Nov 18

    Cloud Computing for Lawyers in British Columbia

    Cloud Computing for Lawyers in British Columbia
    A fascinating blog post about the uncertainty surrounding the use of any non-British Columbia cloud providers by BC lawyers. See Did the LSBC Just Kill Cloud Computing for Lawyers in BC?.
  • Oct 20

    Law Firm Sued Over Text Message Advertisement

    Law Firm Sued Over Text Message Advertisement
    A Connecticut resident is attempting to bring a class action suit against a New York law firm for allegedly violating a consumer protection law by sending out unsolicited text message advertisements.
Rank this Week: 2805

Swartz Campbell Professional…

Swartz Campbell Professional Liability Blog

Updates on professional liability with a particular emphasis on malpractice avoidance and attorney ethics. By Swartz Campbell.

http://web8.4miles.com/swartz-prolia-blog/
  • Nov 20

    Texas Expands Statute of Limitations at Akin Gump’s Expense

    Texas Expands Statute of Limitations at Akin Gump’s Expense
    Last year Akin Gump Strauss Hauer & Feld won summary judgment in a legal malpractice action arising out of a failed real estate development.  The real estate developer, Riverwalk Cy Hotel Partners, hired Akin Gump to represent it in the…
  • Nov 16

    Client Claims Lawyers Got Him Not Only $104 Million in Pocket, But Also 40 Months in Prison

    Client Claims Lawyers Got Him Not Only $104 Million in Pocket, But Also 40 Months in Prison
    In September, Bradley Birkenfeld received the largest whistle-blower award ever paid by the IRS, $104 million.  however, prior to receiving the award, Mr. Birkenfeld spent 31 months in prison for helping a California developer to evade…
  • Nov 13

    Judge Nocella

    Judge Nocella
    In a predictable move, the Pennsylvania Supreme Court has suspended Philadelphia Common Pleas Court Judge Thomas Nocella.  We had recently written about the disciplinary charges against him. -Josh J.T. Byrne, Esquire
Rank this Week: 3432

Legal Ethics and Marketing

Legal Ethics and Marketing

Covers the rules and policies that govern client development for legal services - lawyer advertising, marketing, and sales. By Will Hornsby.

http://www.willhornsby.com/
  • Jun 15

    My mistake on Virginia's Rule on Confidentiality

    My mistake on Virginia's Rule on Confidentiality
    Yesterday I posted about In re Hunter, a Virginia disciplinary matter that addressed ethics obligations regarding blog posts. A three-judge panel upheld Hunter’s right to blog about cases without his client’s consent. I wrote that there…
  • Jun 14

    Blogs and Client Confidentiality - a tale of two rule

    Blogs and Client Confidentiality - a tale of two rule
     
  • Apr 30

    When is the cost of advertising reasonable?

    When is the cost of advertising reasonable?
    A recent article in the ABA Journal discusses the use of what it calls "deal-of-the-day" coupons, in other words, the GroupOn model, as a method of client development. The article looks at aspects of three state ethics opinions that all come…
Rank this Week: 2534

Brian Leiter's Legal Philosophy…

Brian Leiter's Legal Philosophy Blog

Covers jurisprudence, legal realism, and legal theory. By Professor Brian R. Leiter and Prof. Daniel Filler

http://leiterlegalphilosophy.typepad.com/leiter/
  • Apr 14

    Green on Legal Realism and Naturalized Jurisprudence

    Green on Legal Realism and Naturalized Jurisprudence
    Via Solum, I learn that my (part-time) colleague Les Green's (long-gestating) paper on "Law and the Causes of Judicial Decision" is finally on SSRN (it will appear in final form in Green's forthcoming collection of papers from OUP).  I have…
  • Mar 28

    Jurisprudence II: Objectivity

    Jurisprudence II: Objectivity
    My tentative Spring Quarter Syllabus (Download Jurisprudence II Syllabus 2009), for those who might be interested.
  • Mar 12

    Which journals publish the highest quality work in philosophy of law?

    Which journals publish the highest quality work in philosophy of law?
    A new poll, which might provide some useful information for younger scholars figuring out where to submit their work.
Rank this Week: 4422