Archive for the ‘legal ethics’ Category

Sanctioning Lawyers

THE INFORMATION CONTAINED IN THIS POST DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE. My colleague, Mikhael Charnoff, [...]

 

Can a Lawyer Blog?

From the title of the blog, I should probably amend it to ask whether a lawyer “may” blog as opposed to “can” blog.  I jest because I find that application of the rules governing lawyer advertising seem designed for fifth graders and zombies with a pulse (obligatory Halloween reference). It would be remiss if I did [...]

 

Foreign Attorneys in Virginia?

Given the nationalization (and globalization) of various elements of our society over the past sixty years (e.g., WalMart, network television, interstate highways, Hollywood), the legal profession stands in stark contrast. While, to many, the crossing of a state border is an artificial construct, states have maintained a hold on the practice of lawyers, regulating anyone, [...]

 

Constitutional Ruminations in Boston

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 Gone Wild

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 [...]

 

Judge Rules After 11 Years

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 [...]

 

Technology and Ethics

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.

 

Lawyers Spy on FaceBook? Watching the Detectives….

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

 

SC Nixes Attorney Sex With Client’s Wife

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?

 

A Common Sense Conspiracy

Here’s my point: stop turning every bad business decision into a conspiracy claim. Enough is enough. Based on an anecdotal review of recent civil actions, it is as if the mafia is threatening to break an arm on every business transaction. Simply stated, contracts may be breached, but