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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/
  • Jul 23

    Informal Admonition For Switching Sides In Divorce Case

    Informal Admonition For Switching Sides In Divorce Case
    The District of Columbia Office of Disciplinary Counsel has informally admonished an attorney who engaged in a conflict of interest by representing the husband in a divorce case after a consultation with the wife. You met with W for about...
  • Jul 22

    Moonlighting By Disabled Police Officer Not Dishonest

    Moonlighting By Disabled Police Officer Not Dishonest
    The Illinois Review Board finds that no misconduct was proven and recommends that ethics charges be dismissed in a matter involving an attorney already suspended in an unrelated matter. This matter arises out of the Administrator's one-count…
  • Jul 22

    "Silly" Contempt

    "Silly" Contempt
    An attorney's resignation was accepted by the New York Appellate Division for the First Judicial Department. In September 2015, the Committee brought 20 charges against respondent alleging that he committed professional misconduct by, inter…
Rank this Week: 188

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
  • Jul 22

    Five Ways to Improve Your Clients’ Experience Today

    Five Ways to Improve Your Clients’ Experience Today
    Sometimes it’s the small things that make the biggest difference in life — and in business. From a customer service perspective, the little things can build loyalty more effectively than any advertising or marketing campaign. You…
  • Jul 22

    Five Ways to Improve Your Clients’ Experience Today

    Five Ways to Improve Your Clients’ Experience Today
    Sometimes it’s the small things that make the biggest difference in life — and in business. From a customer service perspective, the little things can build loyalty more effectively than any advertising or marketing campaign. You…
  • Jul 21

    Understand Your Goal and Work Backward

    Understand Your Goal and Work Backward
    One of my all-time favorite quotes is from Benjamin Franklin: “By failing to prepare, you are preparing to fail.” I mention this quote every time I speak, no matter the topic. Why? Because it applies to everything we do in…
Rank this Week: 1121

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/
  • Jul 21

    Alschuler on Easterbrook

    Alschuler on Easterbrook
    Former University of Chicago law professor Al Alschuler has just published an explosive article about Judge Frank Easterbrook. Posted on the website of the Valparaiso Law Review, the article is titled "How Frank Easterbrook Kept George Ryan…
  • Jul 20

    Political purge and totalitarian rule are on our doorstep when politicians demand that opposition leaders be “locked up” and “shot for treason”

    Political purge and totalitarian rule are on our doorstep when politicians demand that opposition leaders be “locked up” and “shot for treason”
    The Governor of New Jersey ignites the crowd here: http://www.cnn.com/2016/07/19/politics/hillary-clinton-republican-convention-chants/ A Trump delegate and advisor opts for a swifter solution to the Clinton problem:…
  • Jul 14

    Justice Ginsburg Recognizes Her Mistake

    Justice Ginsburg Recognizes Her Mistake
    [Cross-posted from The Faculty Lounge] Justice Ginsburg has withdrawn her statements criticizing Donald Trump. As reported in the New York Times, On reflection, my recent remarks in response to press inquiries were ill-advised and I regret…
Rank this Week: 219

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
  • 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…
  • Jul 11

    Constitutional Law in 500 Words or Le

    Constitutional Law in 500 Words or Le
    Everyone knows that constitutional law is very important, but most people don’t understand why. I think the recent Texas case on abortion teaches us why it is so important– and so controversial.…
  • Jul 4

    Irreversible Error

    Irreversible Error
    Thomas Thompson was executed by lethal injection eighteen years ago this month at the age of 43. After you read my post from a year ago I think you will agree that there is an excellent chance that Thompson never committed the crime that…
Rank this Week: 2257

Chicago Legal Malpractice Lawyer…

Chicago Legal Malpractice Lawyer Blog

Covers legal malpractice. By The Clinton Law Firm.

http://www.chicagolegalmalpracticelawyerblog.com/
  • Jul 17

    Iowa Holds Actual Innocence Is Not Required To Sue For Legal Malpractice

    Iowa Holds Actual Innocence Is Not Required To Sue For Legal Malpractice
    This is an important issue for legal malpractice attorneys. Is a former criminal defendant required to show actual innocence before he can sue for legal malpractice? Most courts have answered this question with “Yes,” but some…
  • Jul 10

    Lawyer’s Outside Business Interest Dooms Coverage Claim

    Lawyer’s Outside Business Interest Dooms Coverage Claim
    This case presents an all too familiar story: a lawyer obtains malpractice insurance but does not realize or understand that the insurance policy contains an exception for any outside business interest. David Marks was the trustee of two…
  • Jul 6

    Seventh Circuit Affirms Dismissal of Lawsuit Against Indiana Bar

    Seventh Circuit Affirms Dismissal of Lawsuit Against Indiana Bar
    John J. Otrompke intends to seek admission to the practice of law in the State of Indiana. He filed suit against the Bradley Skolnick and the Indiana State Board of Law Examiners apparently accusing them of violating his first amendment…
Rank this Week: 2634

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: 1803

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: 990

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/
  • Jul 11

    Why I quit LVAC and switched to Lifetime Fitness, and why I'm really happy about the switch.

    Why I quit LVAC and switched to Lifetime Fitness, and why I'm really happy about the switch.
    There's nothing wrong with LVAC.  It's a nice gym, and it's reasonably priced.  But I love Lifetime Fitness, even though there's a huge price differential.  So why did I switch?The fundamental reason has to do with my chosen…
  • Jul 11

    Why I quit LVAC and switched to Lifetime Fitness, and why I'm really happy about the switch.

    Why I quit LVAC and switched to Lifetime Fitness, and why I'm really happy about the switch.
    There's nothing wrong with LVAC.  It's a nice gym, and it's reasonably priced.  But I love Lifetime Fitness, even though there's a huge price differential.  So why did I switch?The fundamental reason has to do with my chosen…
  • Jul 10

    R.I.P., Steve Zamora

    R.I.P., Steve Zamora
    Steve passed away suddenly, and my heart goes out to his family.  Steve was the dean at UH Law Center immediately before I came on board, and his graciousness and kindness showed what a mensch he was.  Always willing to pitch in and…
Rank this Week: 1451

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/
  • Jun 30

    WEBINAR: Managing External Vendor Risk (Drivers, Trends & Approaches)

    WEBINAR: Managing External Vendor Risk (Drivers, Trends & Approaches)
    Here's an upcoming webinar, on a timely topic, which may be of interest: Vendor Procurement, Risk and Relationship Management.Jointly produced by Intapp and HBR Consulting, this event will explore the various factors causing firms to pay…
  • Jun 29

    UPDATE: 2016 Risk Survey Reports Published

    UPDATE: 2016 Risk Survey Reports Published
    An exciting update to share (inasmuch as risk news actually excites – though, since I'm talking to "my people" in this corner of the internet, I feel safe using the adjective): "2016 Law Firm Risk Roundtable Survey Highlights Evolving…
  • Jun 28

    Brexit, Stage Risk

    Brexit, Stage Risk
    Brexit is making big news and big waves. Here are some of the latest stories on this significant development:"Law Firms Face Uncertain Future As Brexit Result Hits Markets" --"Clifford Chance senior partner Malcolm Sweeting said the so-called…
Rank this Week: 4751

My Law License

My Law License

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

http://mylawlicense.blogspot.com/
  • 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…
  • Jan 7

    Florida Court: False Online Review Of Lawyer = Libel

    Florida Court: False Online Review Of Lawyer = Libel
    A Florida lawyer got some big damages in a libel case, and yesterday the Fourth District Court of Appeal upheld them, with a great opinion.The case is Copia Blake and Peter Birzon v.Ann-Marie Giustibelli, P.A., and Ann-Marie…
Rank this Week: 289

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: 3249

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: 2645

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: 4865

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: 1058

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: 2603

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: 3931

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: 1640

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: 184

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: 3262

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: 2508

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: 280

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: 4382