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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 18
OJ Simpson's lawyer fights back (to claims of ineffective assistance of counsel)

OJ Simpson's lawyer fights back (to claims of ineffective assistance of counsel)

News story here. Talk Left has views. There have been recent opinions by the ABA and the DC Bar about the ethics of responding to a former client's claim that you rendered ineffective assistance of counsel.
May 18
"Viewpoint: Court Struggles to Regulate Attorney Blogging"

"Viewpoint: Court Struggles to Regulate Attorney Blogging"

Richard Zitrin offers this op-ed.
May 18
"Wal-Mart's whistle-blower problem: Public revelations trump privilege"

"Wal-Mart's whistle-blower problem: Public revelations trump privilege"

Alison Frankel, at Thomson Reuters, has the story. Read the whole thing but here's a key excerpt: "Attorney-client privilege confers powerful protection over confidential corporate documents. But according to a ruling Thursday by Chancellor…

Rank this Week: 37

Legal Profession Blog

By Professors S. Alan Childress, Michael S. Frisch and Jeffrey M. Lipshaw.

http://lawprofessors.typepad.com/legal_profession/

May 18
A Real Horror Story Or The Fall Of The House Of Usher

A Real Horror Story Or The Fall Of The House Of Usher

The Indiana Supreme Court has imposed a suspension of at least three years without automatic reinstatement of an attorney named Arthur Usher. The attorney developed a romantic interest in an Indiana Mckinney School of Law student ("Jane…
May 17
No New Rule 8.4(h) For Tennessee

No New Rule 8.4(h) For Tennessee

The Tennessee Supreme Court has entered an order denying the petition of its Board of Professional Responsibility to amend its Rule 8.4 to add a subsectuon (h) prohibiting engaging "in a professional capacity, in certain discriminatory…
May 17
The 14 Percent Chance

The 14 Percent Chance

The Wisconsin Supreme Court has reinstated an attorney suspended for two years in 2010 for possession of heroin and felony bail jumping. The court described the situation that led to the conviction Attorney C. began using illegal drugs around…

Rank this Week: 48

New York Attorney Malpractice Blog

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

http://blog.bluestonelawfirm.com/

May 17
Raced Based Case Analysis in Legal Malpractice

Raced Based Case Analysis in Legal Malpractice

Courts are ready to consider dismissal of legal malpractice cases, especially when the motion for dismissal is predicated on the "but for" portion of the legal malpractice formula. Put another way, even on thinly produced evidence, and…
May 16
A Puzzling Decision in Legal Malpractice

A Puzzling Decision in Legal Malpractice

As the economic times turn around, we are still seeing the results of the mortgage bubble. in Ferreira v Citiwide Real Estate & Mgt. Co. 2013 NY Slip Op 50745(U) Decided on May 8, 2013 Supreme Court, Queens…
May 15
Sometimes It's Just Too Late to Start That Case

Sometimes It's Just Too Late to Start That Case

Plaintiff's mother brought a personal injury case against the City of New York for plaintiff from an injury of December 20, 2002. She retained defendant attorneys to represent her. She discharged the attorneys via a "Consent to Change…

Rank this Week: 168

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 15
Update on my Gonzaga piece on law schools, lying, and Enron.

Update on my Gonzaga piece on law schools, lying, and Enron.

After I published this piece, Robert K. Vischer, the dean of the University of St. Thomas Law School (Minnesota), gently suggested that I might want to clarify St. Thomas's restatement of its employment data: [Y]ou refer to St. Thomas…
May 13
It's official--the new bankruptcy fee guidelines are rolling out on July 1.

It's official--the new bankruptcy fee guidelines are rolling out on July 1.

Today's Wall Street Journal has a big article about the U.S. Trustee Program's new fee guidelines for lawyers in larger bankruptcy cases (here). The rollout of the guidelines isn't a surprise. The USTP published the proposed…
May 7
When I've had a tough day (and no, today wasn't tough), I read this blog.

When I've had a tough day (and no, today wasn't tough), I read this blog.

Here. I also read my friends' blogs, too....

Rank this Week: 311

Law Firm Risk Management

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

http://www.lawfirmrisk.com/

May 15
Law Firm Conflicts, Continued

Law Firm Conflicts, Continued

"Ex-Dewey Lawyer's Move Adds Wrench to Firm's Bankruptcy" --"The announcement earlier this week that onetime Dewey & LeBoeuf partner Stephen Best had moved from Brownstein Hyatt Farber & Schreck to Brown Rudnick has prompted a barbed…
May 14
Conflicts in the News (School & Sports Edition)

Conflicts in the News (School & Sports Edition)

"Judge says defendants in Atlanta public schools cheating scandal must have separate lawyers" --"To avoid potential conflicts of interest, lawyers may not represent more than one of the 35 defendants in the case involving a cheating scandal…
May 13
Law Firm Insider Trading News & Allegation

Law Firm Insider Trading News & Allegation

In interesting update about the growth of the "political intelligence" industry and the potential for concern, as reported in recent stories via the Washington Post:"SEC subpoenas firm, individuals in a case of leaked information" --"The…

Rank this Week: 1005

My Law License

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

http://mylawlicense.blogspot.com/

Mar 18
A Tale Of Two Emails From Young Lawyers, And A Request

A Tale Of Two Emails From Young Lawyers, And A Request

Today I saw an email sent to a young lawyer I know. The email was requesting to meet with the lawyer to discuss a job (a job that wasn't available). Lawyers get these all the time. New graduates send cover letters with resumes saying they…
Feb 2
Understanding The New Florida Bar Advertising Rules, If That's Possible

Understanding The New Florida Bar Advertising Rules, If That's Possible

There's new advertising rules for Florida Lawyers. They're available in this 53 page opinion released by The Florida Supreme Court this week.Don't worry, you don't have to read 53 pages of a legal opinion, I'll help you with this.From…
Dec 16
Some Thoughts For Online Wine Merchants - The Good, The Bad

Some Thoughts For Online Wine Merchants - The Good, The Bad

Every so often I write about wine. Today is a good day to write about wine, because there's only one other thing to think about, one thing on the minds of all Americans, and I need a break from thinking about that for a few moments, even…

Rank this Week: 1183

On Lawyering

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

http://onlawyering.com

May 6
The Tyrannical Beauty of Time Keeping — Selling Your Life in 6 Minute Increments — Part II

The Tyrannical Beauty of Time Keeping — Selling Your Life in 6 Minute Increments — Part II

It seems like all I have to do is begin what I intend as a series of posts, and my practice gets so busy, that I can’t get back to it. More than a year that has passed since I published Part I of this series. It has been a…
Apr 21
Pessimism Abounds At ABA Day 2013

Pessimism Abounds At ABA Day 2013

For 17 years the American Bar Association has sponsored ABA Day in Washington. ABA members walk Capitol Hill for a few days, meeting with their Senators and Representatives, and urging them to act to advance the ABA motto, “Defending…
Apr 6
New Mexico Governor Martinez Vetoes Uniform Collateral Consequences of Conviction Act a Second Time; But Reform Efforts Continue

New Mexico Governor Martinez Vetoes Uniform Collateral Consequences of Conviction Act a Second Time; But Reform Efforts Continue

Yesterday, New Mexico Governor Susana Martinez vetoed the New Mexico Uniform Collateral Consequences of Conviction Act, Senate Bill 158. This is the second time that Governor Martinez has vetoed the Act. (See The Bad News: No Enactments of…

Rank this Week: 1678

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: 1687

Bad Prosecutors

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

http://bennettlawfirm.typepad.com/badprosecutors/

Jul 9
How to Go to Jail Without Even Trying

How to Go to Jail Without Even Trying

http://www.tuliatexasfilm.com/
May 27
TOP 10 WORST PROSECUTORS IN THE UNITED STATES - 2008

TOP 10 WORST PROSECUTORS IN THE UNITED STATES - 2008

http://bennettlawfirm.wordpress.com/
Dec 17
Ten Worst Prosecutors in the United States - Video

Ten Worst Prosecutors in the United States - Video

Attorney General Mukasey Acting Without Principle Karl Rove: Jill Simpson Is Lyin Dana Jill Simpson Responds to Karl Rove Remove Rosenthal Harris County DA Allison Hoffman â€˜On the Recordâ€™ Mary Lacy Press…

Rank this Week: 1832

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

Apr 28
SUNY Buffalo Law Offering 2-Year J.D. for Foreign Lawyer

SUNY Buffalo Law Offering 2-Year J.D. for Foreign Lawyer

From the New York Law Journal: Lawyers who hold law degrees from institutions outside the United States will be able to earn a J.D. in two years through an accelerated degree program at University at Buffalo Law School set to ……
Apr 18
On law schools and institutional crisi

On law schools and institutional crisi

Bill Henderson has previously said that he expects big layoffs at law schools this fall – presumably thinking that there will be a huge overall revenue shortfall, but that schools won’t know, until opening day, just how bad their…
Feb 26
Logic

Logic

What Dan Filler at The Faculty Lounge wrote: The newest voume summary from LSAC is out and it indicates that, as of February 15, 2013, applications have increased to the point that law schools are now down a mere 18.9% … Continue…

Rank this Week: 2106

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

Apr 28
Cloud Services — DropSmack

Cloud Services — DropSmack

An interesting article describing the use of DropSmack to target networks via DropBox. In addition to broader considerations lawyers should consider before using cloud services, developments like this highlight the need for education…
Apr 24
Lawyers may use .org suffix in domain name.

Lawyers may use .org suffix in domain name.

For-profit Arizona law firms may use the .org domain name suffix as long as the website is otherwise not false or misleading. See Arizona Ethics Op. 11-04 (December 2011).
Apr 24
California lawyers may operate virtual law practices in the cloud

California lawyers may operate virtual law practices in the cloud

California lawyers may maintain a virtual law office in the cloud where communications with the client, and storage of and access to all information about the client’s matter, are conducted solely via the internet using a…

Rank this Week: 2353

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: 2375

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/

May 10
Roy D. Mercer, LLC v. Hon. Matthew G. Reynolds, Docket No. 33,830: Supreme Court of New Mexico Finds Impermissible Conflict of Interest in Legal Ethics Case

Roy D. Mercer, LLC v. Hon. Matthew G. Reynolds, Docket No. 33,830: Supreme Court of New Mexico Finds Impermissible Conflict of Interest in Legal Ethics Case

The Supreme Court of New Mexico has ruled that an attorney and his law firm are disqualified from representing a client because of a conflict of interest. In Roy D. Mercer, LLC v. Hon. Matthew G. Reynolds, a landowner hired a law firm to…
May 1
Hauser v. Connell, No. 308405: Michigan Court of Appeals Affirms Summary Judgment In Favor of Attorney In Legal Malpractice Case

Hauser v. Connell, No. 308405: Michigan Court of Appeals Affirms Summary Judgment In Favor of Attorney In Legal Malpractice Case

A Michigan appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Hauser v. Murray Legal Mal case.docx, a sub-contractor hired an attorney to recover funds from a general contractor. The…
Apr 25
Kouransky, Bouwer & Poracky, P.C. v. The Bar Plan Mutual Insurance Co., No. 10 CV 535: Court Affirms Summary Judgment Declaring that Law Firm Not Entitled to Insurance Coverage in Legal Malpractice Action

Kouransky, Bouwer & Poracky, P.C. v. The Bar Plan Mutual Insurance Co., No. 10 CV 535: Court Affirms Summary Judgment Declaring that Law Firm Not Entitled to Insurance Coverage in Legal Malpractice Action

The Seventh Circuit Court of Appeals has affirmed a summary judgment declaring that an insurance company did not have to provide coverage for a legal malpractice claim brought against a law firm. In Koransky, Bouwer & Poracky v. Bar Plan…

Rank this Week: 2854

The Ethical Lawyer

Comments on on ethics and the law. By Franco P. Tarulli.

http://tarullilaw.com/ethicallawyer

Jun 7
When no one is watching

When no one is watching

I’ve always had a great deal of respect for the medical profession. Unlike lawyers, accountants, Realtors, or even the clergy, the decisions they make affect life and limb. For doctors, ethical conduct isn’t just a means of maintaining…
Jun 1
Ethics and Respect

Ethics and Respect

The literature on business ethics often treats the topic far more superficially than ethics literature from the professions. Still, this short article from the Harvard Business Review’s Management Tip of the Day blog lends credence to the…
May 12
The Maximum Security Courthouse

The Maximum Security Courthouse

One of the best things about being licensed in multiple jurisdictions is the opportunity to observe emerging trends. The opportunity to see trends obviously applies to the development of case law and judicial attitudes.

Rank this Week: 3190

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: 3220

Civilian's Guide to Lawyers

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

http://blog.civiliansguidetolawyers.com/

May 18
Got Rats?: Panicked parish signs lopsided fee agreement

Got Rats?: Panicked parish signs lopsided fee agreement

Remember the Pied Piper of Hamelin? He made a deal to rid Hamelin of rats, but the village didn’t pay, so he used his magic pipe to kidnap all the town’s children. Here’s a story about a Louisiana parish ravaged…
May 18
Daddy Issues: Bar’s Freudian urges curbed

Daddy Issues: Bar’s Freudian urges curbed

The Arizona Bar is supposed to protect the citizens of Arizona from bad lawyers. When lawyers are suspended for periods of time, the bar typically tacks on various preconditions the lawyer must meet to return. A lawyer who steals…
May 12
Florida Gone Bananas: Yes, we have no lawyers, we have no lawyers today

Florida Gone Bananas: Yes, we have no lawyers, we have no lawyers today

Here’s an interesting discussion of how politics has changed the economics of practicing workers’ compensation law in Florida to deny workers justice by denying their lawyers the right to be paid a reasonable fee. By…

Rank this Week: 5246

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