Archive for the ‘legal profession’ 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’ […]


Lawyers and the Funny Papers

I have to hand it to Bob Kohn who, after being told he could only file a five page brief, did so in comic format (or a “graphic novellette” as he referred to it)  with great elucidation on the complex topic of antitrust law dealing with price structuring for e-books.  Kudos to the ABA Journal […]


$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 […]


Hemingway Look-a-Like vs. the Court

I love a good story.  The defendant is accused of a host of serious crimes.  His counsel requests a continuance of trial.  Why?  So that the attorney can appear in an Ernest Hemingway look-a-like contest.  The court gamely explained that: Between a muder-for-hire trial and an annual look-alike contest, surely Hemingway, a perfervid admirer of […]


Three is Not the Magic Number

For the DeLa Soul afficionados out there, three is apparently not the magic number.  The headline says it all:  “Georgia man’s death during threesome nets his family $3M in trial.”  Really?  Presumably, the 31 year old man’s heart attack could have been stopped by his cardiologist advising him not to engage in extramarital sexual activity.  […]


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 […]