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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/
  • May 26

    Collateral Estoppel Establishes Violations By Former Durham DA

    Collateral Estoppel Establishes Violations By Former Durham DA
    The North Carolina Disciplinary Hearing Commission has granted judgment to the State Bar in its disciplinary charges against former Durham District Attorney Tracey Cline. The commission concluded that collateral estoppel applied as a result…
  • May 26

    No Interlocutory Appeal In Connecticut Bar Case

    No Interlocutory Appeal In Connecticut Bar Case
    An attorney may not appeal a decision directing a hearing on ethics charges, according to an opinion of the Connecticut Appellate Court. The alleged violations arose out of the plaintiff’s conduct related to his involvement as executor of…
  • May 26

    Sanctioning Discourtesy In Jersey

    Sanctioning Discourtesy In Jersey
    The New Jersey Supreme Court imposed a reciprocal reprimand based on a sanction ordered in Delaware. The report of the Disciplinary Review Board notes the rather unusual basis for the sanction - the attorney's conduct involved his repeated…
Rank this Week: 965

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/
  • May 26

    "Preposterous" Conflicts (Potentially Important Precedents)

    "Preposterous" Conflicts (Potentially Important Precedents)
    Significant ink spilled in recent days on a conflict accusation facing Kirkland and Ellis. First, Kirkland responds to Mylan's disqualification attempt: "Kirkland Blasts 'Preposterous' Mylan Conflicts Claims Ahead of Hearing" -- "Kirkland…
  • May 20

    Book Review: Conflicts of Interest in the Practice of Law: Causes and Cure

    Book Review: Conflicts of Interest in the Practice of Law: Causes and Cure
    Intapp principal consultant and legal industry veteran Alexa Kokinos writes in with her review of Richard E. Flamm's latest: "Conflicts of Interest in the Practice of Law: Causes and Cures" [direct link to…
  • May 19

    Time On Your Side? (Sometimes, Somtimes Not) – Conflicts, Disqualifications & Billing Record

    Time On Your Side? (Sometimes, Somtimes Not) – Conflicts, Disqualifications & Billing Record
    Several interesting updates to share. First up: "Tensegrity DQ'ed in Suit Against Former Weil Client" -- "It's been nearly 10 years since Matthew Powers and Steven Cherensky handled patent and trade secret cases for Micron Technology Inc.…
Rank this Week: 1557

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/
  • May 26

    Ethics On The Run

    Ethics On The Run
    My review of Alice Goffman’s On The Run: Fugitive Life in an American City was posted today on The New Rambler Review (an online journal edited by Eric Posner, Adrian Vermeule, and Blakey Vermeule). As you will see, I am...
  • May 22

    What does "structural change" mean?

    What does "structural change" mean?
    For several years we've been discussing whether the legal profession is undergoing structural change. But what do we mean by that phrase? For me, the key issue is whether the profession will continue to earn supra-competitive profits. As one…
  • May 21

    "Lawyers circling lawyers in frenzied Facebook ownership flap"

    "Lawyers circling lawyers in frenzied Facebook ownership flap"
    Story at ArsTechnica. Excerpt: A New York state judge earlier this month decided that as many as nine lawyers from various high-profile law firms who represented Ceglia must defend Zuckerberg's lawsuit. That decision came weeks before a…
Rank this Week: 183

On Lawyering

On Lawyering

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

http://onlawyering.com
  • May 26

    “The Fall and Rise of Lawyers,” Aspiring Lawyers, Law Schools and Bar Associations: Take Notice!

    “The Fall and Rise of Lawyers,” Aspiring Lawyers, Law Schools and Bar Associations: Take Notice!
    On Saturday, CNN published an important story on the status and future of the American legal profession. The story, by University of Tennessee Law Professor Benjamin H. Barton, The Fall and Rise of Lawyers, (May 23, 2015), asserts that sole…
  • May 19

    Wall Street Journal Lifts National Profile of Collateral Consequence

    Wall Street Journal Lifts National Profile of Collateral Consequence
    Monday’s Wall Street Journal (May 18, 2015), raised the national understanding of the problems presented by the proliferation of the collateral consequences of criminal convictions. The print article, published on page A3 of the…
  • Apr 16

    Thank You, American Law Institute

    Thank You, American Law Institute
    I learned Tuesday that I have been elected to membership in the American Law Institute. I am really very pleased to be elected. The American Law Institute is described as “the leading independent organization in the United States…
Rank this Week: 1403

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
  • May 26

    Julie Tolek, Enterprising Lawyer

    Julie Tolek, Enterprising Lawyer
    Who are these “enterprising lawyers”? Actually, they are easy to spot. Look for the more engaged and happier lawyers in the crowd. Deeply invested in the power of the work they do, they have ample interests beyond the practice of…
  • May 22

    Five Ways to Build True Fitness into Your Day

    Five Ways to Build True Fitness into Your Day
    Fitness, according to Merriam-Webster, is “the quality or state of being fit.” So what, then, is “fit”? Therein lies the key to true fitness. As Merriam-Webster explains, “fit” means “sound physically…
  • May 21

    Positive Client Experience? How to Improve Hospitality in the Office

    Positive Client Experience? How to Improve Hospitality in the Office
    “I’m tired of hearing about ‘improving the client experience.’ People come to me because I do excellent work. They don’t care if I’m nice.” Might sound familiar, but it’s only half right. Your…
Rank this Week: 1166

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
  • May 25

    Ireland’s Victory is Our

    Ireland’s Victory is Our
    Congratulations to the people of Ireland who became the first electorate to validate gay marriage. And, as lawyers, let’s celebrate the role that lawyers and court-protected constitutional rights played in their victory. Inspired by our…
  • May 20

    How to Be Happy in Your Work

    How to Be Happy in Your Work
    Some lawyers are happy. Don’t take it on faith; the New York times says so.…
  • May 14

    Fox Hunting at The New Yorker

    Fox Hunting at The New Yorker
    Is the Trickster an “endangered species”? You might think so at a first reading of  Joan Acocella’s essay on “Reynard the Fox” in last week’s The New Yorker.…
Rank this Week: 2691

Legal Malpractice Lawyer Blog

Legal Malpractice Lawyer Blog

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

http://www.legalmalpracticelawyer.com/
Rank this Week: 2405

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/
Rank this Week: 1913

The Ethical Investigator

The Ethical Investigator

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

http://www.ethicalinvestigator.com/
  • May 20

    Be Your Own Charity Investigator

    Be Your Own Charity Investigator
    News this morning of a Federal Trade Commission civil fraud case against four “cancer” charities in Tennessee is a good time to highlight a wonderful investigative tool out there that we have been using for years. Based on the…
  • May 6

    The Ethical Case for Neutral Third Party Investigator

    The Ethical Case for Neutral Third Party Investigator
    How independent should an independent investigator be? The cover story in this month’s American Bar Association Journal called “The Probers” takes a look at some of the highest profile independent investigations of recent…
  • Mar 19

    Ne-Yo to Testify in Sports Drink Fraud Trial

    Ne-Yo to Testify in Sports Drink Fraud Trial
    Grammy award winner Ne-Yo and several professional athletes are among those set to testify in federal court against the principals of Ohio-based sports drink company Imperial Integrative Health Research & Development.  Preston…
Rank this Week: 3134

Chicago Legal Malpractice Lawyer…

Chicago Legal Malpractice Lawyer Blog

Covers legal malpractice. By The Clinton Law Firm.

http://www.chicagolegalmalpracticelawyerblog.com/
  • May 14

    Unhappy Litigant Cannot Sue The Opposing Party’s Lawyer

    Unhappy Litigant Cannot Sue The Opposing Party’s Lawyer
    Workforce Solutions v. Sara L. Pettinger and Scopelitis, Garvin, Light, Hanson & Feary, P.C., 2105 IL (1st) 121265-U. In 2006, Workforce sued Urban Services of America, Inc., for breach of contract when Urban allegedly failed to pay for…
  • May 12

    Appellate Court Affirms Summary Judgment in Litigation Malpractice Case

    Appellate Court Affirms Summary Judgment in Litigation Malpractice Case
    The case is captioned USF Holland, Inv. v. Radogno, Cameli and Hoag, P.C., Illinois Appellate Court, First District, 2014. The case arose out of an underlying personal injury case in which Holland was sued for damages after one of its trucks…
  • Apr 28

    ARDC Hearing Board Dismisses Charges Against Lawyer

    ARDC Hearing Board Dismisses Charges Against Lawyer
    Filed April 27. The ARDC charged a lawyer handling a divorce, Justin Tedrowe, with wrongfully altering a form, obstructing justice and defrauding an opponent. Tedrowe sucessfully defended himself at trial. An accusation that a lawyer altered…
Rank this Week: 2858

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/
  • May 13

    Interesting new scholarship on academic freedom and social media.

    Interesting new scholarship on academic freedom and social media.
    See here.  My buddy Michael LeRoy, who does very cool work, wrote it. 
  • May 4

    The Dave Goldbergs of the world may be rare, but they're out there.

    The Dave Goldbergs of the world may be rare, but they're out there.
    Everything I've read about Dave Goldberg, including this New York Times obituary, indicates that he was an extraordinary person, and my heart goes out to his family.  Equal relationships should be the norm, but I hear that they're…
  • May 1

    Best managerial advice ever.

    Best managerial advice ever.
    There's a great article by Paula Krebs in this week's Chronicle of Higher Education's Vitae section (here).  In it, she talks about the importance of working on difficult issues by first imagining why the person sitting across the table…
Rank this Week: 442

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: 2853

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/
Rank this Week: 2984

My Law License

My Law License

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

http://mylawlicense.blogspot.com/
  • May 4

    The Tech Train Missed The Courtroom Lawyers Stop

    The Tech Train Missed The Courtroom Lawyers Stop
    The legal profession has given themselves to the tech vendors. Their influx to everything lawyer has been successful, causing anyone in state Bar and Bar association leadership to advocate that we all must "embrace technology or die." It's…
  • May 2

    Should Asian Women Stick To Massages?

    Should Asian Women Stick To Massages?
    Lawyer Jeena Cho (Asian woman pictured) is a San Francisco Bankruptcy Lawyer involved in the "Mindfulness" movement for lawyers. I have no interest in the "Mindfulness" movement and have no problem making fun of whatever it is. I…
  • Jan 21

    Your Contribution To Lawyer Suicide

    Your Contribution To Lawyer Suicide
    I was surprised that an article about why so many lawyers are killing themselves generated an actual real-live thoughtful discussion. While I'm sure in the annals of the internet there are a fair share of comments of "who cares,"…
Rank this Week: 865

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: 2726

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: 2253

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: 536

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
  • 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…
  • May 10

    Good news, bad new

    Good news, bad new
    I have very mixed feelings about this. The fact that the USA Freedom Act has achieved such wide-ranging support may be less an indication of its compromises than of a fundamental shift in American views. In July 2013, following the ……
Rank this Week: 4376

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: 3448

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: 991

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: 1054

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: 1626