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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/
  • Jan 12

    The President-Elect's Conflicts Plan

    The President-Elect's Conflicts Plan
    The President-Elect and his lawyers at Morgan Lewis have released a plan that purports to address the conflicts of interest arising out of his various business ventures (hereinafter “the Plan”). Although I believe that the Plan…
  • Nov 30

    On Trump and Divestment

    On Trump and Divestment
    I, like many, am very concerned that the President-Elect's business interests will interfere with the performance of his duties as President. While Trump may sincerely believe that the conflicts of interests posed by his sprawling business…
  • Nov 28

    Salyzyn asks, "American Legal Ethics: Federalized, Privatized...Commercialized?"

    Salyzyn asks, "American Legal Ethics: Federalized, Privatized...Commercialized?"
    Last this week, Professor Amy Salyzyn published a Jotwell review of my recent essay, The Commercialization of Legal Ethics. I’m grateful that she read it, and I hope her review encourages you to read it as well. She says:…
Rank this Week: 41

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/
  • Jan 15

    Tulane Law School needs fall-semester visitor in Professional Responsibility and Criminal Law

    Tulane Law School needs fall-semester visitor in Professional Responsibility and Criminal Law
    My school Tulane, per our Vice Dean Onnig Dombalagian, has asked me to post this regarding the fall of 2017: Tulane Law School invites applications for a one-semester visiting position in the Fall of 2017. Our specific needs for the...
  • Jan 15

    Prosecutor's Book Deal Draws Reprimand

    Prosecutor's Book Deal Draws Reprimand
    A public reprimand has been imposed by the Indiana Supreme Court At all relevant times, Respondent was the elected prosecutor for Floyd County. The charges in this disciplinary action trace their genesis to the prosecution of David Camm, a…
  • Jan 14

    A Pain In The Hand

    A Pain In The Hand
    The Louisiana Attorney Disciplinary Board has recommended that an attorney be permanently disbarred. Beyond the misconduct is the story told of the attorney's inadequate efforts to respond to the bar charges . She was able to set aside a…
Rank this Week: 63

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: 164

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/
  • Jan 3

    I have managed to alienate Blogger.

    I have managed to alienate Blogger.
    After I got hacked, I tried to change my administrative login credentials to my new email address, but Blogger doesn't believe me.  Let's just say it's hard to survive a hacking.
  • Dec 4

    Lessons from being hacked.

    Lessons from being hacked.
    Criminals are smarter than I am.Criminals are more dedicated to their jobs than I am--and I'm pretty darn dedicated.Computers can be used for E-VIL as well as for good.I have very smart, computer-savvy friends.People who have been hacked…
  • Nov 28

    I love the First Amendment (and I can still deplore hateful speech).

    I love the First Amendment (and I can still deplore hateful speech).
    Of course I'm angered and saddened about the increase in hateful speech across campuses (see today's latest story here).  I don't respect the people who say such awful things.  But I respect their right to say them.  Such…
Rank this Week: 310

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/
  • Dec 11

    EVENT: Toronto Risk Roundtable (January 2017)

    EVENT: Toronto Risk Roundtable (January 2017)
    Our next Risk Roundtable event in our series on outside counsel guidelines is set for January 11th in Toronto. We're delighted to feature Simon Chester, Senior Counsel, Client Solutions at Gowling WLG, as our guest speaker.He'll revisit…
  • Dec 8

    VIDEO: Law Firm Perspective: Risk Case Study

    VIDEO: Law Firm Perspective: Risk Case Study
    Here's a seven minute video interview of Andy Jurczyk, CIO of Seyfarth Shaw on his firm's investment in risk technology:Intapp Open — A Journey Forward"We just recently finished the Open implementation, and finally brought our new…
  • Dec 7

    Recent Conflicts News & Update

    Recent Conflicts News & Update
    A few stories and updates of note, starting with the latest from Bill Freivogel:"Screening; Electronic Files: Estate of Kennedy v. Stuart A. Rosenblatt, C.P.A., 2016 WL 6543629 (N.J. App. Div. Nov. 4, 2016). This opinion’s description…
Rank this Week: 922

My Law License

My Law License

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

http://mylawlicense.blogspot.com/
  • Nov 18

    Leaving Facebook's "Lawyers On The Left"

    Leaving Facebook's "Lawyers On The Left"
    In the fucking aftermath of "what the fuck is going to happen now," people are fucking talking about fucking getting together and fucking advocating for fucking rights they fucking think will fucking be taken fucking away.As part of this…
  • Nov 11

    A Heartfelt Message About Moving On From This Election

    A Heartfelt Message About Moving On From This Election
    My girl lost and your guy won. I accept that Donald J. Trump will be the next President of the United States. I don't like it, as I don't think he was the lesser of two evils, I think he was the evil of two lessers. Hillary wasn't…
  • Nov 9

    You Can't - Always Get - What You Want

    You Can't - Always Get - What You Want
    I never understood why Donald Trump ended his rallies with that song, until last night. Last night it made sense. It wasn’t a song for his supporters. It was a song for everyone else.This morning my 17 year old daughter was crying. As I…
Rank this Week: 923

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: 1512

On Lawyering

On Lawyering

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

http://onlawyering.com
  • Dec 8

    Six Lessons For Advocates That I Learned as an Acting Small Claims Judge

    Six Lessons For Advocates That I Learned as an Acting Small Claims Judge
    Judge for a Day We don’t have a regular small claims court judge in my county (Chittenden County, which is in the greater Burlington, Vermont area), and for some years the Vermont Judiciary has covered this docket by appointing…
  • Nov 21

    Rich Cassidy Law Debut

    Rich Cassidy Law Debut
    With the unfailing support of my wife, Becky Cassidy, the assistance of my able associate, Matt Shagam, and the diligent efforts of our business manager, Linda Jackman, we opened a new law firm, Rich Cassidy Law on November 1, 2006. Our new…
  • Oct 2

    Will Kuligoski v. Brattleboro Retreat Profoundly Change Psychiatric Care in Vermont?

    Will Kuligoski v. Brattleboro Retreat Profoundly Change Psychiatric Care in Vermont?
    The News Story Burlington’s CBS TV affiliate, WCAX, Channel 3, covered the subject of my last post, “Mental Health Care Providers Have a Duty to Adequately Inform Caregivers About Dangerous Patients.” Reporter Kyle Midura…
Rank this Week: 1551

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: 1655

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: 1912

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/
  • Dec 2

    Massachusetts Attorney Disbarred for Multiple Violations of the Rules of Professional Conduct

    Massachusetts Attorney Disbarred for Multiple Violations of the Rules of Professional Conduct
    A Massachusetts attorney has been disbarred for engaging in activities which created conflicts of interest and for misusing client funds. The violations included (1) using client funds to purchase annuities from a company where the attorney…
  • Nov 9

    Attorney Suspended for Mishandling and For Failing to Account for Client’s Fund

    Attorney Suspended for Mishandling and For Failing to Account for Client’s Fund
    A client signed a fee agreement with an attorney for representation in her divorce. On June 26, 2013, as a condition of the signed fee agreement, the client tendered to the attorney $8,000.00 as a retainer for a divorce case and for a real…
  • 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…
Rank this Week: 2098

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: 2173

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: 2177

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: 2591

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: 2983

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
  • Jan 13

    Five Tech Tools Every Lawyer Should Be Using

    Five Tech Tools Every Lawyer Should Be Using
    Whether you’ve been practicing for one year or 25 years, you’ve likely come across an array of emerging tech tools and services designed to help you improve your law practice. As the industry moves forward, it’s essential…
  • Jan 13

    Five Tech Tools Every Lawyer Should Be Using

    Five Tech Tools Every Lawyer Should Be Using
    Whether you’ve been practicing for one year or 25 years, you’ve likely come across an array of emerging tech tools and services designed to help you improve your law practice. As the industry moves forward, it’s essential…
  • Jan 12

    Differentiating Yourself from Less Ethical Competitor

    Differentiating Yourself from Less Ethical Competitor
    More than once recently, I have consulted with a client and heard stories of their contact with other lawyers who work in my field. Sometimes their stories confirm that I am giving similar advice, but sometimes I am appalled at what I hear…
Rank this Week: 4041

Chicago Legal Malpractice Lawyer…

Chicago Legal Malpractice Lawyer Blog

Covers legal malpractice. By The Clinton Law Firm.

http://www.chicagolegalmalpracticelawyerblog.com/
  • Jan 15

    Mediator Obtains Dismissal of Legal Malpractice Action

    Mediator Obtains Dismissal of Legal Malpractice Action
    Goldstein was retained as a mediator by Barrett and his then wife. After meeting with the couple, Goldstein drafted a post-nuptial agreement that Barrett and his wife later signed. (A post-nuptial agreement is one that a married couple enters…
  • Jan 4

    Legal Malpractice Case Dismissed Because Expert Does Not Explain How Negligence Caused Injury to Client

    Legal Malpractice Case Dismissed Because Expert Does Not Explain How Negligence Caused Injury to Client
    This case is interesting because it dismisses a legal malpractice claim because the expert did not reveal how the negligence of the attorney caused the injury of the plaintiff. The opinion does not shed as much light on the facts of the case…
  • Jan 3

    Poor Case Preparation Dooms Legal Malpractice Case

    Poor Case Preparation Dooms Legal Malpractice Case
    In Barkal v. Gouveia and Associates, the Court of Appeals of Indiana affirmed a grant of summary judgment for an attorney defendant. The decision was issued on December 27, 2016, and will be published. Barkal alleged that Gouveia breached the…
Rank this Week: 4135

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: 4219

The Ethical Investigator

The Ethical Investigator

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

http://www.ethicalinvestigator.com/
  • Dec 13

    How to Tell Fake News from Real

    How to Tell Fake News from Real
    Not a day goes by when we hear about the woes of readers unable to distinguish between “fake news” and real news, as if undependable news reporting is anything new. Readers and fact investigators have always needed to know how to…
  • Oct 4

    Lessons from the Kardashian Stickup

    Lessons from the Kardashian Stickup
    This blog may be one of the few publications in the Western world that has never written the word “Kardashian,” but that has now changed. In the stories about the robbery in Paris of Kim Kardashian we found numerous issues that…
  • Sep 14

    The Yelp Defense: Internet Garbage Isn’t Our Problem

    The Yelp Defense: Internet Garbage Isn’t Our Problem
    When your defense is that the law allows you to publish garbage without fear of prosecution, one takeaway is simple: the internet is filled with garbage that needs to be well verified before you rely on it. This blog thinks the Ninth Circuit…
Rank this Week: 4361

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: 4368

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: 4553

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
  • Jan 9

    Is Mitch McConnell Too Smart for His Own Good?

    Is Mitch McConnell Too Smart for His Own Good?
    Last Spring Senate Majority Leader Mitch McConnell embarked on a risky plan to deprive President Obama of the chance to appoint a Supreme Court Justice during his last year in office.   McConnell  won that bet; now it’s time…
  • Dec 19

    Law’s Odd Couple

    Law’s Odd Couple
    Here is one  one of the first posts I published on  GuileisGood.com. https://guileisgood.com/2014/10/15/erin-brockovich-what-it-takes-to-be-a-good-lawyer/ It sets out a  what I think good lawyering is all about. Rereading it…
  • Dec 5

    Creative Math

    Creative Math
    I believe that imagination, not logic, is the essential ingredient in good legal reasoning.  But imagination need not be vague or dreamy. Sometimes the imaginative solution to a thorny legal problem can be as clear and simple as 1,2,3. A…
Rank this Week: 4569