I’ve written a bit in the past about the differences between unified bars, like what exists in North Carolina, and voluntary state bar associations such as what we have in Tennessee. (If you are uninterested in clicking on either of those links, as a refresher, the fundamental difference is that unified bars require that anyone […]
Tag: Practice of Law
Let me offer a word or two or probably 1,000 about two recent items of interest having the issue of lawyers involved in crimes as their common thread. One comes from the Fifth Circuit and the other comes from an ABA Journal article about a situation in Utah. First, the Fifth Circuit’s ruling in Troice […]
Am I about to write about this just for the click-bait possibilities? Probably. Does that make the underlying topic less worth discussing? I hope not. So there used to be a time when people could become lawyers without ever having to go to law school. You could effectively apprentice in the law where you could […]
I’m interested in writing today about two recent ethics opinions that manage to go together quite nicely. Utah Ethics Adv. Op. 18-04 and Texas Professional Ethics Committee Op. 679. Both involve RPC 1.8 (or at least both should). And, not only does neither opinion do a very good job with the subject matter it tackles […]
So there are things that can really make you feel small. And there are things that can really lead to despair and a feeling of helplessness. Fortunately, there are few things that do both at once. The report from the Intergovernmental Panel on Climate Change can do both of those things pretty simply. If you […]
The pun was, of course, inevitable. It was also fully intended. In fact, it is, at least for me, repetitive as back in 2013 I was asked to do a seminar on the ethics of being a notary public — they have their own ethics code — and I called it “Notary-ly Common Topic: The […]
There has been something of a trend of late in terms of ethics opinions focusing on variations on the breadth of the duty of client confidentiality and the inconvenience it creates for lawyers who have bought in to the modern trend of sharing and oversharing when online. There was this opinion from the ABA and […]
It is still astounding (as well as deeply dispiriting) that the context of the discussion I’m about to launch is the work of White House Counsel but this is the world we currently occupy. You may very well have read this fascinating The Washington Post article by now released in connection with the ongoing news story […]
There is an awful lot to like and agree with in this post from Dan Lear, one of the folks who have been the face of Avvo for quite some time. But there is a piece of it that is just simply wrong, and while it would be hyperbole to say it is dangerously wrong, it […]
Lawyers billing clients on the basis of time spent is less than ideal for all involved. For lawyers, it isn’t the best proxy for value delivered in terms of service and incentivizes inefficiency. For clients, it isn’t the best proxy of value received in terms of service and leaves clients feeling like the only way […]