Archive for the ‘lawyer’ Category

Latest Edition of Lawyers Gone Wild

In the latest edition of “lawyers gone wild,” plaintiffs’ lawyers were disqualified for a variety of ethical sins.  As reported by Sean Canrnathan in the ABA Litigiation News, the disqualification was not ultimately based on the following juvenile antics by plaintiffs’ counsel:  attending depositions in a t-shirt and shorts scheduling the deposition at a Dunkin’ […]

 

$304 Million Attorney’s Fee Award?

Attorneys’ fees are fair when the work that is done is appropriate for the task that is demanded.  Indeed, the Rules of Professional Conduct require that “A lawyer’s fee shall be reasonable.”  Makes sense, right? In a 110 page opinion, the Delaware Supreme Court affirmed (among other things) an award for attorneys’ fees in excess […]

 

Social Media and Juries Don’t Mix

As a follow up post, I thought it helpful to note that federal courts are increasingly sophisicated as to jurors that use social media during trial.  Frankly, I am not sure if you can sequester a juror without the use of such media especially when it has nothing to do with the case–still, here are proposed […]

 

Do Lawyers Own Their Briefs (Tighty Whities Excluded)?

Clients spend a great deal of money in the prosecution and defense of their claims. In doing so, lawyers prepare briefs outlining their client’s legal positions. Who owns the brief? Under copyright law, absent an assignment of the work, the lawyer owns it.   (Yes, the client can use it). Yet, for years online legal research […]

 

Lawyers on Social Media Have Risks

The mixture of lawyers and social media seem to be the equivalent of the Tom Cruise/Katie Homes relationship—let’s get married and see how it works out.  But, as we have observed, that is “risky business” (insert groan). Social media has sprung a number of ethical issues on which I have commented previously and which Paul […]

 

How We Communicate

In an interesting article in the ABA Journal, Debra Cassens Weiss investigates the societal change in human interaction brought about by technology. While she directs her attention to how law students work with others, the emphasis is on a perceived lessening of human interaction. I think many would surmise (not earth shattering) that our electronic […]

 

The Right Tool for the Right Job

I commented recently on litigation involving Maker’s Mark Bourbon and its distinctive red wax seal. Understandably, Maker’s Mark did not want competitors to use red wax with their beverages as it would create a false association in the mind of the consumer and dilute the brand. And the court agreed. But at what cost? While […]

 

The Wild Side of Lawyers: Line Spacing

Do you remember when you were in elementary school and the teacher told you to write a 250 word essay? Or when you were supposed to write a two-page story about your summer vacation? Of course, for many of us, this was before the days of computer-assisted word counts and line spacing. As an aside […]

 

Legal Conflicts of Interest

A recent post by my colleagues, Faith Alejandro and Doug Rucker, raised the difficulty in representing clients where there may be divergent interests.  generally,  a lawyer cannot represent both sides.  This is not remarkable, and makes perfect sense.  But, of course,  legal fees are not cheap and sometimes parties can agree to a resolution and […]

 

The (Slight) Democratization of Trademark Contests

What is the purpose of trademark law?  To prevent unfair competition by (a) providing assurance that goods/services are of a certain quality/consistency, and, critically,  (b) assisting consumers in making purchasing decisions. For example, if I go to a McDonald’s restaurant in McLean or Richmond,  I am (generally) guaranteed the same type of restaurant service.  Again, […]