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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: 123

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/
  • Mar 27

    Wow. The California Rules Revision Commission Is Considering whether to Fast Track a New Rule on Prosecutors' Ethic

    Wow. The California Rules Revision Commission Is Considering whether to Fast Track a New Rule on Prosecutors' Ethic
    As I prepared to attend this inaugural meeting, it seemed that it would all be prepatory and introductory. But the RRC just voted to create a sub-committee to (1) propose a standard by which some rules might be considered in...
  • Mar 27

    Different Ways to Think about "Structural Change" in our Profession

    Different Ways to Think about "Structural Change" in our Profession
    At TaxProf Blog, Paul Caron links to an article from The Economist titled, " Attack of the Bean-counters. Lawyers Beware: The Accountants Are Coming After Your Business." At Leiter Law Reports, Michael Simkovic posts, "The Absence of Evidence…
  • Mar 27

    California Rules Revision Commission begins its work

    California Rules Revision Commission begins its work
    The first meeting, currently being held in San Francisco, is about the basics (e.g., introducing the members, clarifying the open access rules, travel & expenses, etc.). For more detail about their schedule, discussion items, etc., visit…
Rank this Week: 154

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/
  • Mar 27

    Felon In Possession Of License

    Felon In Possession Of License
    The Louisiana Supreme Court conditionally admitted a bar applicant subject to compliance with conditions imposed by the Lawyer Assistance Program (LAP). Justice Clark dissented By granting conditional admission to this applicant, this Court…
  • Mar 27

    Iowa Stubborn

    Iowa Stubborn
    The Iowa Supreme Court has suspended the former Madison County Attorney for having sex with and then beating up a client. The attorney will not be eligible to seek reinstatement for eighteen months. The Grievance Commission had proposed a…
  • Mar 27

    The Third Strike Leaves Court "Beyond Satisfied"

    The Third Strike Leaves Court "Beyond Satisfied"
    The Maryland Court of Appeals has issued an opinion summarized in this headnote Court of Appeals disbarred lawyer who, among other things, engaged in sending sexually explicit text messages and informed woman that “sugar daddy” would pay…
Rank this Week: 191

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/
  • Mar 22

    Aha! A new problem w/Congressional politics--or is it?

    Aha! A new problem w/Congressional politics--or is it?
    I like what Crescent Hardy is saying about Yucca Mountain ("let's explore if there's any scenario in which having Yucca Mountain be the nuclear waste repository might make sense for Nevada"), but I can't reach him via email because I don't…
  • Mar 14

    Another news clip about my talk(s) in Bogota.

    Another news clip about my talk(s) in Bogota.
    Here, and here's the original post.  I'm still just amazed that I was asked to speak, and I'm so grateful to Superintendent Reyes!
  • Mar 14

    Congrats to Randy Gordon and Maks Del Mar!

    Congrats to Randy Gordon and Maks Del Mar!
    Maks's new book (co-edited with William Twining), which has an essay by my buddy Randy Gordon in it.  You can get the book here.
Rank this Week: 228

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: 580

My Law License

My Law License

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

http://mylawlicense.blogspot.com/
  • 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,"…
  • Nov 4

    Blawg Review 325.5

    Blawg Review 325.5
    This week I, along with many other blawgers (slang for "law bloggers") were saddened to hear of the passing of "Ed," the editor of Blawg Review. My condolences to his family.As usual in the blogosphere, when something important happens,…
  • Jun 14

    California Lawyer Christopher J. McCann's "Guest Post."

    California Lawyer Christopher J. McCann's "Guest Post."
    A few months ago, actually many months ago, actually shit, it was over a year ago (April, 2012) I received my 389085th request from some one-named marketer on behalf of a lawyer. That lawyer is Christopher J. McCann, who sounds like he's…
Rank this Week: 837

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: 1634

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/
  • Mar 18

    More Conflicting Opinions on the Billable Hour – "Unkillable Business Poison"?

    More Conflicting Opinions on the Billable Hour – "Unkillable Business Poison"?
    Several stories this week on economic matters touching risk issues. Following the article on business intake, client selection and revenue, yesterday we posted on "bombs waiting in our files," and today we continue the trend of pointing out…
  • Mar 17

    "Bombs Waiting in Our Files" – A Former Law Firm GC on Client Outside Counsel Guideline

    "Bombs Waiting in Our Files" – A Former Law Firm GC on Client Outside Counsel Guideline
    At the recent Risk Roundtable in San Francisco, I had an interesting discussion with two senior risk professionals about client restrictions on "positional conflicts," and their firms' response strategies when facing OCGs with such carve…
  • Mar 16

    Is the Billable Hour a Conflict of Interest?

    Is the Billable Hour a Conflict of Interest?
    From the interesting-arguments-in-ethics department comes this provocative opinion piece by Ralph Baxter, who concluded a 23-year tenure as Chairman and CEO of Orrick a few years ago, and was named one of the "Top 50 Big Law Innovators of…
Rank this Week: 1880

On Lawyering

On Lawyering

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

http://onlawyering.com
  • Mar 16

    A Lawyers’ Canon?

    A Lawyers’ Canon?
    The idea of a “Western Canon” is a body of books and cultural achievements that are broadly accepted as most important and influential in shaping our culture. One example is Harold Bloom’s, The Western…
  • Mar 2

    “The Judge”  Robert Duvall and Robert Downey, Jr. and the Burden of Judging

    “The Judge”  Robert Duvall and Robert Downey, Jr. and the Burden of Judging
    Regular readers of this blog know that I am interested in the feedback loop between popular culture and the law. Recently, I watched “The Judge,” a Robert Duvall and Robert Downey, Jr. film.  And as I did, I wondered about…
  • Feb 16

    Does the Requirement of a Unanimous Verdict Favor the Defense in Civil Cases? It’s Not So Clear

    Does the Requirement of a Unanimous Verdict Favor the Defense in Civil Cases? It’s Not So Clear
    Over the years there have been a number of proposals to permit jury verdicts in civil cases in Vermont to be made by less than a unanimous vote. Debate over these proposals seems to largely divide the bar along the lines of the clients the…
Rank this Week: 2062

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: 1895

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: 2195

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: 2934

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
  • Mar 27

    Tech Tips: Best Note-Taking Apps and Tactic

    Tech Tips: Best Note-Taking Apps and Tactic
    For our new Friday Five+ Tech Tips, we've invited a dream team of law practice technology experts to tell us their best advice for tackling the everyday tech quandaries that plague us all, to help your practice run just a bit more smoothly.…
  • Mar 26

    When You Find Yourself in a Hole

    When You Find Yourself in a Hole
    “I don't know what to do!” he cried. “Now we're forming committees to make decisions.” I had listened to his travails for the last year as his firm slowly moldered. Morale was bad, profits had slipped down over time,…
  • Mar 25

    Getting Real: Four Social Media Lesson

    Getting Real: Four Social Media Lesson
    Gabriel Cheong started his own law firm straight out of law school. One year later he purchased the law firm where he once interned. Now Gabriel runs Infinity Law Group while blogging, tweeting and marketing his firm. He'll be one of four…
Rank this Week: 2925

The Ethical Investigator

The Ethical Investigator

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

http://www.ethicalinvestigator.com/
  • 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…
  • Mar 16

    Small Caribbean States Selling Passports for an Investment in the Island

    Small Caribbean States Selling Passports for an Investment in the Island
    We recently came across this news article about the business of selling citizenship and passports in the Caribbean, particularly in St. Kitts and Nevis.  Increasingly, in several island states, people are able to buy passports simply by…
  • Feb 6

    A Little Diligence on Local Businesses Goes a Long Way Toward Preventing Fraud

    A Little Diligence on Local Businesses Goes a Long Way Toward Preventing Fraud
    We pretty regularly find ourselves blogging about small business owners that draw people into scams.  We’ve seen the would-be movie executive, the sweet-talking investment solicitor, the landscaper and the produce company owner.…
Rank this Week: 2541

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/
  • Mar 21

    Innocent Targets: Target class action settlement worthless to consumer

    Innocent Targets: Target class action settlement worthless to consumer
    Consumer class actions are supposed to bundle many small consumer claims together so justice will be done.  Normally, such small claims wouldn’t be viable on their own because there’s not enough at stake to justify the legal…
  • Mar 15

    Legal Roulette: Malpractice insurer seeks to drop claims after the fact

    Legal Roulette: Malpractice insurer seeks to drop claims after the fact
    Insurance is a form of gambling:  You put your bet down (call it a premium), then the wheel of life starts spinning, and you see what happens while the wheel spins for the term of your policy.  If the ball … Continue reading…
  • Mar 11

    Atlantic City Casino: Contingent fees are not for everyone

    Atlantic City Casino: Contingent fees are not for everyone
    New Jersey sued Exxon Mobil for billions in environmental damages, using a private law firm, which gets a big piece of the taxpayers’ pie, even though the state has plenty of lawyers of its own who are paid much less.  ……
Rank this Week: 3256

Chicago Legal Malpractice Lawyer…

Chicago Legal Malpractice Lawyer Blog

Covers legal malpractice. By The Clinton Law Firm.

http://www.chicagolegalmalpracticelawyerblog.com/
Rank this Week: 3065

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: 3211

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: 3783

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
  • Mar 21

    The Day Before the Earthquake

    The Day Before the Earthquake
    Paul Wilson was the lawyer who represented the State of Kansas before the Supreme Court in the case of Brown v Board of Education.   Fifty years after the Brown decision he wrote a memoir of […]
  • Mar 16

    Clever is Good

    Clever is Good
    Criminal defense attorney Judy Clarke has a history of representing “unpopular clients.”  She was one of the lawyers who represented the Unabomber; now she represents  Dzhokhar Tsarnaev in his murder trial. Dzhokhar is…
  • Mar 8

    Thinking Small Can Win Big

    Thinking Small Can Win Big
    To a lawyer, the old adage “It’s not whether you win or lose, it’s how you play the game” states an important truth.  The judge decides who wins; all the lawyer can do is make […]
Rank this Week: 3922

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: 5067

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: 4058

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: 3828