Reading an article concerning Supreme Court Justice Clarence Thomas, my interest was piqued in that I had lunch yesterday at a bar function with a lawyer who described his experience in meeting with him as a summer law clerk at a local firm. Many commentators express with seeming disdain that Justice Thomas is not active [...]

A former first year law associate filed a fourteen count complaint against his former firm seeking $77 million.  Some thoughts.  In the law suit, the associate claims that: “[The firm] had told [him] it eschews artificial hierarchical structure, then refused [him] an assignment because it would be ‘unfair to the other associates.’ It told [him] [...]

My attendance at a legal conference in Boston has allowed me a chance to reflect on the remarkable stability of our country’s legal system. Clearly, to err is human and our judicial branch has had and will have numerous screw ups. Yet, I am chastened by the fact that when a judge makes a ruling, [...]

Lawyers really get a raw deal.  As a profession, they hold some of the highest rates in both “problem drinking,” suicide and divorce rates.  Yes, that’s bad.  They also get to compel witnesses to say such things as “you can’t handle the truth” and all drive BMWs,  Of course, lawyer jokes hurt but what really hurts [...]

Imagine this.  You sue a company and the judge holds a bench trial in November of 1999, and takes the matter under advisement.  The judge issues a ruling ten years and eleven months after the initial trial.  Who said justice delayed, is justice denied?  Believe it or not, this is a real story.  Apparently, the [...]

So, you are in class and take notes from the professor’s lecture. A classmate misses class and asks you to share your notes and you do. Problem? What if you posted your notes online? Or, better yet, what if you embraced our entrepreneurial spirit and posted your notes online and charged a fee for someone [...]

The intersection of legal ethics and technology has been an interest of mine since Al Gore “invented the Internet.” Earlier this year, I was interviewed for an article for the American Bar Association on the topic, “Technology and Ethics: Online Marketing and Networking,” which was recently published, and welcome your thoughts and comments.

In a rebuke to the “blame game,” the Virginia Supreme Court affirmed a trial court’s decision to kick out a legal malpractice case on summary judgment. In Wintergreen Partners, Inc. v. McGuireWoods, LLP, Wintergreen contended that its former lawyers at McGuireWoods screwed up an appeal. As noted by the Supreme Court, McGuireWoods “failed to ensure [...]

Here’s the situation: a witness is heavily involved in social media such that she will “friend” anyone that asks. Some have wondered whether an attorney or her assistant could use their real identity and gain access to, for example, a FaceBook site after the account holder accepts

Beware wayward lawyers: you can no longer have sex with your client’s wife in South Carolina. Does anyone else hear strains of a banjo in the background?