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 […]
Tag: Practice of Law
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 […]
Two weeks ago, I offered some thoughts on the latest flare-up in the long-running off-and-on ABA exploration of the third-rail of the practice of law: potential non-lawyer ownership/investment in law firms. This time around, before I could even manage to finish reading all of the comments and try to write some thoughts about the comments, […]
When you allow yourself to ponder just how quickly technological advances have changed the daily life of a lawyer, it becomes pretty easy to speculate about just how foreign the daily life of a lawyer 10 years from now will be when compared to what it is today. When I stop to think about the […]
April 2016 has brought another iteration of a seemingly, endless, (yet kind of potentially pointless unless you think the politics of the situation will somehow play out differently from the past) debate: whether some entity within the ABA is attempting to usher into reality a world in which people other than lawyers will be allowed […]
So, yesterday, I started writing about the potential ramifications for lawyers of the adoption by the Department of Labor of its final “persuader” rule which will become effective on April 25, 2016, but will only be applicable to agreements entered into on and after July 1, 2016. You can catch up on part 1 here. […]
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Lawyering vicariously.
Lawyers in private practice work in a variety of settings ranging from solo practice to law firms with thousands of lawyers in scores of offices. Lawyers also practice in a variety of business structures ranging from d/b/a arrangements on one end to Swiss Verein models. My rough guess would be that the majority of United […]
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Stress, drinks, and folderol
Over the last several months there have been various iterations of stories and reports making the rounds about the susceptibility of our profession to depression and substance abuse, reports of 1 in 5 lawyers being problem drinkers, etc. There are also always folks out there writing variations of pieces about the problems that are created […]