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Legal Profession Blog

Edited by S. Alan Childress, Michael S. Frisch, Jeffrey M. Lipshaw and Nancy B. Rapaport.

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

Apr 23
Third Strike

Third Strike

A summary of a disbarment from the web page of the Colorado Presiding Disciplinary Judge The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and disbarred April Renee Morrissette (attorney registration…
Apr 23
Sex And Suspension: Ohio Has An Outbreak

Sex And Suspension: Ohio Has An Outbreak

The Ohio Board of Professional Conduct has filed a report (linked here) proposing a consent two-year suspension of an attorney. He was convicted on an Alford to to soliciting. In an unrelated matter he had sexual relations with a domestic...
Apr 23
Access Denied

Access Denied

The Delaware Court of Chancery denied access to a reporter seeking access to court records relating to the Theranos affair Theranos, Inc. is a life sciences company that claimed to revolutionize the laboratory testing industry with innovative…

Rank this Week: 45

New York Attorney Malpractice Blog

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

http://blog.bluestonelawfirm.com/

Apr 23
One Toll Permitted; Not Two

One Toll Permitted; Not Two

Continuous representation tolls the statute of limitations in legal and professional malpractice. There are other more general tolls that apply to all cases, such as infancy and insanity. Here, in Estate of Smulewicz v…
Apr 20
The Rare Legal Malpractice Verdict

The Rare Legal Malpractice Verdict

While many legal malpractice cases are brought, few, very few proceed to trial and fewer reach verdict. Our research shows only one jury verdict in 2017 and only this bench trial verdict in 2016. Abramowitz v Lefkowicz & Gottfried,…
Apr 19
No Continuous Representation in a $ 80 Million Legal Malpractice Case

No Continuous Representation in a $ 80 Million Legal Malpractice Case

The statute of limitations is a very high barrier to litigation, and to legal malpractice in particular, as there is often a long delay between the malpractice and the result. The statue starts to run with the negligent act, and only…

Rank this Week: 127

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/

Apr 17
Andrew Napolitano Explains Attorney-Client Privilege

Andrew Napolitano Explains Attorney-Client Privilege

The former judge and current Fox News legal analyst explains his view of attorney-client privilege as it applies to Michael Cohen:
Apr 13
Too Obvious (again)?

Too Obvious (again)?
Apr 13
When Presidents Lawyer Up

When Presidents Lawyer Up

Here is my essay on The Conversation (coauthored with Brian McGinty) about Lincoln’s choice of counsel, in comparison to Trump’s: When presidents lawyer up: A brief history April 11, 2018 6.46am EDT President Trump’s…

Rank this Week: 155

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/

Sep 8
OK, Blogger. I give up.

OK, Blogger. I give up.

You're not letting me update my links, so I'm not posting to this blog any more.
Apr 28
Why the Westin Cincinnati is likely the very worst Westin in the country.

Why the Westin Cincinnati is likely the very worst Westin in the country.

How do we count the ways in which the Westin Cincinnati is a very, very bad hotel?First, the good news: friendly staff and great location. That, however, is the only good news.1. Let's start with safety. There should…
Apr 20
Predicted this in 2012.

Predicted this in 2012.

The story on Whittier in the NYT is here.As I said in 2012, "[t]he world doesn’t need as many ABA-accredited law schools as it has already, just as the world has figured out that it doesn’t need as many U.S.-based BigLaw firms as…

Rank this Week: 421

My Law License

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

http://mylawlicense.blogspot.com/

Apr 14
Raquel Ruano, Massachusetts Best (Worst Marketing) Attorney

Raquel Ruano, Massachusetts Best (Worst Marketing) Attorney

This crap is still going on. Lawyers hiring marketers, not paying attention to the unethical and cheesy ways they try to game Google for their lawyer-clients, and I'm done reaching out to these idiot lawyers to ask them to ask their marketers…
Apr 11
United Airlines Conduct Was "Totally Legal"

United Airlines Conduct Was "Totally Legal"

When you saw the video of that guy being dragged off the United Airlines flight, I trust your first thought was "man, that's terrible."My first thought was "man, someone is going to defend that."And so it developed, like every other video on…
Jan 17
The Day The President Said My Client Wouldn't Die In Prison

The Day The President Said My Client Wouldn't Die In Prison

In my estimation, there are five things that are icing on the cake for any lawyer who practices criminal defense. 1. An acquittal in a death penalty case; 2. A reversal of a death sentence on appeal; 3. An invitation to argue before the…

Rank this Week: 389

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

Apr 23
Top 10 Attorney Directories Where You Should Be Found

Top 10 Attorney Directories Where You Should Be Found

Online lawyer directories offer an array of benefits, for both marketing your practice and SEO. These include the ability to participate in community discussions, position your firm as an authority in a specific practice area, obtain reviews…
Apr 23
Top 10 Attorney Directories Where You Should Be Found

Top 10 Attorney Directories Where You Should Be Found

Online lawyer directories offer an array of benefits, for both marketing your practice and SEO. These include the ability to participate in community discussions, position your firm as an authority in a specific practice area, obtain reviews…
Apr 20
Five Traits of Great Lawyer

Five Traits of Great Lawyer

What makes a great lawyer? Is it intelligence, good people skills, effective writing? Of course, we must have a certain level of intelligence and motivation, along with experience and opportunities. The post Five Traits of Great Lawyers…

Rank this Week: 636

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: 560

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 31
“Neutral” Is No Longer An Option

“Neutral” Is No Longer An Option

When I first saw Jordan Peele’s Get Out last year I thought it was a very funny movie. But after interviews with Peele, I realized that he also intended to make a subtle, but potent, commentary on…
Feb 24
The Next America

The Next America

"To me these reforms are evidence that a younger, more compassionate electorate is signaling that they want to live in a America that reflects their values."
Feb 3
China Has Big Plans for Your Future

China Has Big Plans for Your Future

When I first visited China in the 1980’s, the tallest building in Shanghai was the fourteen story Peace Hotel; when I returned a few years later, there were over fifty skyscrapers over fifty stories. So China’s economic miracle is…

Rank this Week: 1313

California Partner Departure Law

Covers employment litigation and dispute resolution. By O\'Rielly & Roche LLP.

http://www.partnerdeparturelaw.com/

Mar 21
California Partners Can Lawfully and Ethically Plan and Prepare to Depart from Their Law Firm

California Partners Can Lawfully and Ethically Plan and Prepare to Depart from Their Law Firm

In the world of lawyers and law firms, attorney mobility is a continuing reality. Thoughtful lawyers who plan to depart their law firms are prudently getting advice on how to comply with their legal and ethical obligations to the firm and to…
Dec 8
Law Firm’s Non-Solicitation Agreement Restricts Mobility of Departing Partner

Law Firm’s Non-Solicitation Agreement Restricts Mobility of Departing Partner

A recent legal ethics opinion from North Carolina provides interesting insight into the ethics of a non-solicitation agreement between law firms that restricts attorney mobility but not necessarily a client’s choice of counsel. The…
Jan 19
Planning is Key to Successful Attorney Transition

Planning is Key to Successful Attorney Transition

Partner or group departures seldom go smoothly – at least that is what we hear in the legal news headlines. However, the transitions that do go well, and there are many of those, tend not to be newsworthy events. Most of us tend to be…

Rank this Week: 848

The Ethical Investigator

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

http://www.ethicalinvestigator.com/

Feb 19
Artificial Intelligence: In Law, Logic Only Goes So Far

Artificial Intelligence: In Law, Logic Only Goes So Far

Do you ever wonder why some gifted small children play Mozart, but you never see any child prodigy lawyers who can draft a complicated will? The reason is that the rules of how to play the piano have far fewer permutations and judgment calls…
Jan 22
AI in the Law Firm: The Ethics of Who’s Running the Show

AI in the Law Firm: The Ethics of Who’s Running the Show

We’ve had a great response to an Above the Law op-ed here that outlined the kinds of skills lawyers will need as artificial intelligence increases its foothold in law firms. The piece makes clear that without the right kinds of skills,…
Nov 7
The Weinstein Saga: Now Featuring Lying Investigators, Duplicitous Journalists, Sloppy Lawyer

The Weinstein Saga: Now Featuring Lying Investigators, Duplicitous Journalists, Sloppy Lawyer

Decent investigators and journalists everywhere ought to have been outraged at news over the weekend in the Wall Street Journal that appears to have caught a corporate investigator masquerading as a Journal reporter. According to the story,…

Rank this Week: 872

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/

Oct 29
Attorney Disbarred for Repeated Misuse of Client Funds and Failure to Cooperate with Disciplinary Investigation

Attorney Disbarred for Repeated Misuse of Client Funds and Failure to Cooperate with Disciplinary Investigation

The Massachusetts Board of Bar Overseers has adopted the recommendation of a hearing committee, disbarring an attorney for misconduct, mostly having to do with misappropriation of client funds. The attorney, William P. Corbett defended the…
Oct 15
Massachusetts Supreme Judicial Court Reinstates Legal Malpractice Claim of Vessel Owner

Massachusetts Supreme Judicial Court Reinstates Legal Malpractice Claim of Vessel Owner

The Massachusetts Supreme Judicial Court has reversed a lower court ruling granting summary judgment to a law firm, saying the firm had failed to use all measures to combat an erroneous ruling by a French court. The firm, Dechart, had…
Oct 5
Massachusetts Attorney Suspended Indefinitely for Criminal Forgery and Misconduct

Massachusetts Attorney Suspended Indefinitely for Criminal Forgery and Misconduct

A Massachusetts attorney has been suspended indefinitely as the result of two claims of misconduct, including falsifying information to the FBI and forging real estate documents. Specifically, in April of 2006 and January of 2007, the…

Rank this Week: 1283

Law Firm Risk Management Blog

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

http://www.lawfirmrisk.com/

Sep 29
VIDEO: Your Possible Future (or Present): "A Day in the Life of a Matter"

VIDEO: Your Possible Future (or Present): "A Day in the Life of a Matter"

Wanted to end the week with something fun and inspiring. What could be better than movie time? (Grabs popcorn.) The next 20 minutes could change your life. (Well, professionally.)Presenting: "A Day in the Life of a Matter" -- Cue Move…
Sep 29
EVENT: Law Firm GC Workshop

EVENT: Law Firm GC Workshop

Washington DC, October 12-13: Law Firm General Counsel Workshop [details] -- The Center for the Study of the Legal Profession at the Georgetown University Law Center and the Lawyers for the Profession® Practice at Hinshaw &…
Sep 28
IP Ethics & Conflicts: New Rules Create New Risks and Responsibilitie

IP Ethics & Conflicts: New Rules Create New Risks and Responsibilitie

Longtime reader Brian Lynch, with IP experts Aurora North, writes in to note an excellent three part series from Michael E. McCabe, Jr: "Breadth Of PTO Ethics Opinion Could Alter How IP Firms Interact With Foreign Associates" --"Thirty years…

Rank this Week: 930

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://www.swartzcampbell.com/blog/

Jun 21
The Pennsylvania Supreme Court Declares the IRE Provisions of the Pennsylvania Workers’ Compensation Statute Unconstitutional

The Pennsylvania Supreme Court Declares the IRE Provisions of the Pennsylvania Workers’ Compensation Statute Unconstitutional

WORKERS’ COMP ALERT Re: Protz v. Worker’s Compensation Appeal Board (Derry Area School District) June 20, 2017 The Pennsylvania Supreme Court has declared the IRE . . . The post The Pennsylvania Supreme Court Declares the IRE…
Apr 24
High Court Reins in Judges on Misconduct Sanction

High Court Reins in Judges on Misconduct Sanction

By Andrew Stickler Law360, New York (April 20, 2017, 2:43 PM EDT) — A unanimous U.S. Supreme Court decision Tuesday setting boundaries on litigation sanctions . . . The post High Court Reins in Judges on Misconduct Sanctions appeared…
Apr 4
Josh Byrne’s Article on How to be Reinstated as an Attorney published in Legal Intelligencer

Josh Byrne’s Article on How to be Reinstated as an Attorney published in Legal Intelligencer

Joshua Byrne, a partner in Swartz Campbell’s professional liability deparment had an article published in The Legal Intelligencer on Monday, March 27, 2017. The article, titled A . . . The post Josh Byrne’s Article…

Rank this Week: 1343

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: 989

Law and Humanities Blog

An independent blog supporting law and humanities activities and scholarship, including the work of the Law and Humanities Institute. Posts discuss law and the arts, law and history, and occasionally law and social sciences, and law and science. The blog posts calls for papers, news of conferences, special events, and other items of interest to those in the field.

http://lawlit.blogspot.com/

Apr 23
Adamson on The "Blurred Lines" of Marvin Gaye's "Here, My Dear": Music As a Tortious Act, Divorce Narrative, and First Amendment Totem @seattleulaw

Adamson on The "Blurred Lines" of Marvin Gaye's "Here, My Dear": Music As a Tortious Act, Divorce Narrative, and First Amendment Totem @seattleulaw

Bryan L. Adamson, Seattle University School of Law, is publishing The 'Blurred Lines' of Marvin Gaye's 'Here, My Dear': Music as a Tortious Act, Divorce Narrative and First Amendment Totem in volume 36 of the Cardozo Arts & Entertainment…
Apr 21
Chaos Takes Control. What Does That Phrase Remind Me Of?

Chaos Takes Control. What Does That Phrase Remind Me Of?

Westworld's new tagline is "Chaos takes control." Am I the only person who thinks the choice of this particular phrase is vaguely funny? It reminds me of the two spy organizations in the 1960s tv show Get Smart, CONTROL, the…
Apr 20
A New Legal Drama, "The Split," Premieres on BBC One

A New Legal Drama, "The Split," Premieres on BBC One

Writer Abi Morgan discusses the new legal drama The Split (BBC One). The show focuses on female solicitors Ruth, Hannah, and Nina, DeFoe, who handle high profile divorce cases and volatile personal relationships. It stars Nicola Walker…

Rank this Week: 1524

Pennsylvania Legal Blog

Commentary and news about the Pennsylvania Legal community. By the Law Offices of Daniel J. Siegel, LLC.

http://www.palegalblog.com

Apr 16
The Small Firm Difference – A Freudian Slip of the Tongue That Tells the Truth

The Small Firm Difference – A Freudian Slip of the Tongue That Tells the Truth

We are often asked why a client should hire a small firm where clients speak directly with their attorney rather than a larger firm, with a large staff, large overhead, and levels of bureaucracy? When it comes to heavily advertised areas of…
Apr 14
Authenticating Social Media Evidence Is Harder Than Lawyers Think

Authenticating Social Media Evidence Is Harder Than Lawyers Think

Let’s play a game. You’re the judge. Under the following facts, is the social media evidence admissible? After obtaining a Court Order allowing him to obtain a criminal defendant’s Facebook records, the prosecutor files a…
Apr 2
Plaintiffs Must Be Careful Using Social Media When Pursuing Injury Claim

Plaintiffs Must Be Careful Using Social Media When Pursuing Injury Claim

According to recent surveys, two-thirds of all American adults use Facebook, with the majority using it on a daily basis. Social media platforms are ever-growing and changing, with 78% of people under the age of 24 now using Snapchat, and 71%…

Rank this Week: 2516

Chicago Legal Malpractice Lawyer…

Chicago Legal Malpractice Lawyer Blog

Covers legal malpractice. By The Clinton Law Firm.

http://www.chicagolegalmalpracticelawyerblog.com/

Mar 25
Where Plaintiff Has No Expert, Defendant Is Entitled to Summary Judgment in Case Alleging Conflict

Where Plaintiff Has No Expert, Defendant Is Entitled to Summary Judgment in Case Alleging Conflict

The case is Grayson v. Michael J. Korst, P.C., and Michael J. Korst, 16 c 1297 N. D. Ill. Grayson and his business partner were represented by the Defendants in a transaction in which Grayson and his business partner sold the business…
Mar 16
If you have a plaintiff’s case, don’t wait ten years to serve your lien!

If you have a plaintiff’s case, don’t wait ten years to serve your lien!

The case is captioned Camelot, Inc. v. Burke Burns & Pinelli, Ltd., 2017 IL App (2d) 170038-U. The Burke firm had handled shareholder litigation for the plaintiffs. That litigation ended in 2004. Ten years after the representation ended,…
Mar 14
Failure to include A Provision in a Settlement Agreement Breaches The Duty of Care

Failure to include A Provision in a Settlement Agreement Breaches The Duty of Care

This case, KLIGER-WEISS INFOSYSTEMS, INC., Respondent, v. RUSKIN MOSCOU FALTISCHEK, P.C., Appellant. 2015-06404, Index No. 606457/14., 2018 NY Slip Op 01456, was recently decided by the New York Appellate Division. KWI sued its former…

Rank this Week: 2107

Lopsider

Explores Legal Operations, Innovation & Disruption. By Peter Krakaur.

http://www.lopsider.com/

Feb 15
Why Are Law Firms Growing So Slowly?

Why Are Law Firms Growing So Slowly?

A discussion of the macro financial landscape in which law firms operate as backdrop to analyze law firm growth.
Feb 11
Institute for the Future of Law Practice

Institute for the Future of Law Practice

The Institute for the Future of Law Practice (IFLP) is a new nonprofit collaboration between law schools, law firms, corporate legal departments, legal service providers, and legal technology companies.
Jan 31
The End of the Beginning

The End of the Beginning

An interesting discussion of the "alternative" legal service providers and their impacts.

Rank this Week: 4064

Legal Malpractice Lawyer Blog

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

http://www.legalmalpracticelawyer.com/

Oct 30
Detroit Law Firm Hit with $5 Million Legal Malpractice Verdict

Detroit Law Firm Hit with $5 Million Legal Malpractice Verdict

A jury has delivered a $5 million legal malpractice verdict against a Detroit law firm in the U.S. District Court for Eastern Michigan. Jaffe, Raitt, Heuer & Weiss was retained to “vet” a Minneapolis-based office…
Oct 15
Motion to Dismiss Denied in New York Federal Legal Malpractice Case

Motion to Dismiss Denied in New York Federal Legal Malpractice Case

The U.S. District Court for the Southern District of New York has recently refused to dismiss a legal malpractice action against a law firm. A client sued his former counsel, Seward & Kissel LLP, for failing to conduct due diligence…
Feb 22
AIRPLANE CRASH VICTIMS SUE ATTORNEY FOR FAILING TO TIMELY FILE CLAIM

AIRPLANE CRASH VICTIMS SUE ATTORNEY FOR FAILING TO TIMELY FILE CLAIM

Three Plaintiffs have filed suit in the Northern District Court of Illinois against an attorney, alleging legal malpractice. They claim that the Defendant failed to timely file their action in connection with an airplane crash. On August 24,…

Rank this Week: 2263

This Business of Law

The intersection of law practice, marketing, and technology. Leverage technology to increase revenue.

http://thisbusinessoflaw.com

May 24
Three Considerations for Attorneys after Major ABA Ethics Ruling

Three Considerations for Attorneys after Major ABA Ethics Ruling

If you’re an attorney who has been paying only marginal attention to the online security of your confidential client communications, perhaps this month’s ruling from the American Bar Association’s Standing Committee on…
Feb 13
How to Sign Up to Get New Clients through Avvo Legal Service

How to Sign Up to Get New Clients through Avvo Legal Service

Avvo has created a platform that connects lawyers who need paying clients with clients who need straightforward, unbundled legal services at a clearly-defined price. And there are a lot of lawyers out there who need paying clients.…
Feb 1
Connecting with Today’s Empowered Legal Consumer

Connecting with Today’s Empowered Legal Consumer

Business development and marketing aren't what they used to be. The first step in successful business development is understanding today's consumer. The post Connecting with Today’s Empowered Legal Consumer appeared first on This…

Rank this Week: 2742

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