So North Carolina has got quite a bit going on these days. Last night UNC won the NCAA Men’s Basketball championship. A few days ago, its general assembly kind of, sort of, repealed the bathroom bill that brought it much negative publicity and cost it some sporting events. And, in March 2017, it adopted a […]
Tag: Practice of Law
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It doesn’t all even out in the Walsh.
Selecting just the right item to write about is not easy. This is not going to be an instance of accomplishing it. This is going to be an instance of writing something just because I truly find the outcome astounding (or at least I found the outcome astounding when I first read a blurb about […]
In February 2017, more than a dozen law professors filed an ethics complaint against Kellyanne Conway, Counselor to the President, alleging that she violated the attorney ethics rules applicable in D.C. through several false public statement she made — most notably, her repetitive statements about a terrorist incident that never actually occurred – the “Bowling […]
Well, of course, they can. Or at least that is the conceit I’m going to stick to in order to write this post about a lawyer’s obligation to talk to their client about mistakes and make it seem topical and culturally relevant. By now, unless you live a very, very cloistered life you’ve at least […]
So (finally) I’ve made myself read a bit more into the DC situation — that for many people is now ancient history but was news to me — about what seems like something that definitely got some play in the news but ought to be a more nationally discussed scandal. The weird penchant that DC […]
2016 was a year marked with quite a number of unexpected (at least to me) developments. 2017 likely will have its share of unexpected events as well. To wrap up the year, I wanted to use what little platform I have to pursue something that is both driven by blatant self-interest and is in the […]
So, it seems like I am begging to differ all over the place during the last week or so, but here comes another instance. About a month ago, the Tennessee Supreme Court granted permission to appeal in a legal malpractice case, Story v. Bunstein, in which the plaintiff(s) suit against their lawyer was dismissed based on […]
So, the D.C. Bar has come out with a far-reaching, sort of two-part ethics opinion addressing lawyers and social media usage. Opinion 370 (Part 1) can be grabbed here. Opinion 371 (Part 2) from here. Opinion 370 has lots of really good parts, but much of the publicity it has received to date revolves around […]
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“Troubling and counterproductive” – yep
One of the more archaic aspects of lawyer regulation is the heavy-handed approach to UPL. And, I’m not referring to UPL in the sense of something done that involves the practice of law by a person who isn’t a lawyer anywhere. I’m referring to regulatory efforts involving UPL that are brandished against someone who is […]
One mistake. What should be the price of one mistake? To some extent, the answer to those questions for lawyers and lawyer discipline matters ought to be foreordained in two consecutive paragraphs of the Scope portion of the ABA Model Rules: [19] ….the rules presuppose that whether or not discipline should be imposed for a […]