I had the opportunity last Friday to attend the joint APRL/NOBC program put on during the National Organization of Bar Counsel meeting in Chicago (which also happens at the same time as APRL’s annual meeting, which happens to run at the same time as the ABA Annual Meeting). The joint program focused on APRL’s white […]
Author: Brian Faughnan
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Mindless Pedantry
First, yes, “Mindless Pedantry” would make a good band name. Other than that though, it is never a good thing. In the practice of law, attention to detail is a valuable quality, but mindless pedantry certainly is not. You are probably not an experienced litigator if you cannot remember a time when, faced with responding […]
It is undeniable that the American judicial system long ago embraced arbitration as a valid form of alternative dispute resolution. As a result, it is also hornbook law at this point that agreements to arbitrate disputes are to be enforced just like any other contract. As a practical matter, there isn’t anything empirically wrong with […]
A major issue that has dogged the legal profession in the past, and looks likely to dog it again in the near future (if you don’t happen to think it already does), is the debate over the restriction imposed under the ethics rules that prevents non-lawyers from having any ownership stake in a law firm. […]
You can read it starting at page 23 of this link. By delving back into a topic that I first wrote about in an article for ABA/BNA that was itself a preview of a portion of a chapter of the book I was fortunate enough to co-author, the column is admittedly pretty self-referential. (And thus […]
The Tennessean has an article today about a disciplinary complaint filed by the Tennessee Association of Criminal Defense Lawyers against a General Sessions judge in Nashville. (General Sessions court in Tennessee is our small claims court, on the civil side, and on the criminal side of things tends to be a misdemeanor court.) TACDL says […]
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Can I get a witness (to talk to me)?
Later today (noon central), I will be doing a live webcast, through the Tennessee Bar Association, focused on RPC 4.2 and other ethical issues associated with communications with employees (and former employees) of represented organizations. My co-presenter is a friend and former colleague (we practiced together as associates at a defense firm in the late […]
So, if you missed Part 1 you can get up to speed here. Now I indicated I’d get the underlying documents (plural) this weekend and finish this little thought experiment today, but I don’t actually practice in the International Trade Commission (shocking to hear I bet) so beyond getting to the order of disqualification itself, […]
In preparation for a panel presentation coming up at the end of this month, I have been delving back into the complicated and contradictory world of disqualification rulings from around the country. While the lay of the land is highly inconsistent to a large degree, there are some common themes that can be teased out […]
Just about a month ago, I wrote a bit about an effort by a Florida attorney to get a Washington state court to unmask the identity of someone who posted an anonymous Avvo review claiming to be the Florida attorney’s unhappy former client. This week the news has come out that the Washington Court of […]