The ABA Commission on Ethics 20/20 still is undecided on whether it will make a recommendation on whether nonlawyers should be allowed to have some form of limited ownership interest in U.S. law firms. In recent months, the commission's work on the issue has focused on what the substance of such a recommendation might be. On Dec. 2, the commission released a discussion paper (PDF) on alternative law practice structures that outlines one possible approach to nonlawyer ownership—but it does not amount to an actual recommendation. The commission also posted initial draft proposals (PDF) on choice-of-law issues affecting fee-sharing when law firms operating…

[Read the rest of this article...]

In the latest example of a law firm burned after apparently failing to confirm a worker's credentials, the Legal Profession Blog is reporting that a Massachusetts attorney's law license has been suspended for two years because she falsely held herself out as a physician. Susan Friery, who had taken courses toward a doctorate degree in pathology and worked as a morgue technician, initially began working as a paralegal for Kreindler & Kreindler around 1987. She claimed to have graduated in the top 1 percent of her class at Columbia University's medical school, according to the blog and a law firm press release announcing…

[Read the rest of this article...]

The attorney general of New York today filed suit in state court against three major banks and an electronic mortgage recording operation, contending that they circumvented legal requirements and cost the the state some $2 billion in property recording fees by keeping their own private list of property transfers and mortgage assignments. The Brooklyn Supreme Court suit seeks to ban foreclosure filings that rely on information from the Mortgage Electronic Registration System and obtain reimbursement from the defendants for lost recording fees and other damages, according to the Los Angeles Times and Reuters. "The banks created the MERS system as…

[Read the rest of this article...]

A Mississippi judge has jailed a Rankin County lawyer for contempt, saying he will stay there until he deposits guardianship funds into a court registry and provides a complete accounting for the $3 million inherited by a teenager from his mother over a decade ago. Hinds County Chancery Judge Dwayne Thomas took action after a hearing Wednesday. He said in a court order that attorney Michael J. Brown twice before within the past year failed to provide a complete accounting for expenses and funds concerning De Mon McClinton’s guardianship, the Clarion-Ledger reports. The judge said in the order there is no record that Brown deposited the teen's money…

[Read the rest of this article...]

A Mississippi judge has jailed a Rankin County lawyer for contempt, saying he will stay there until he deposits guardianship funds into a court registry and provides a complete accounting for the $3 million inherited by a teenager from his mother over a decade ago. Hinds County Chancery Judge Dwayne Thomas took action after a hearing Wednesday. He said in a court order that attorney Michael J. Brown twice before within the past year failed to provide a complete accounting for expenses and funds concerning De Mon McClinton’s guardianship, reports the Clarion-Ledger. The judge said in the order there is no record that Brown deposited the teen's money…

[Read the rest of this article...]

Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion in spending in…

[Read the rest of this article...]

Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion…

[Read the rest of this article...]

Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion in spending in state judicial races,” he said at the hearing, and the proposals are a “terrific start” to…

[Read the rest of this article...]

Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion…

[Read the rest of this article...]

Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion…

[Read the rest of this article...]

The hacktivist collective known as Anonymous claims to have obtained material from a law firm's computer system concerning its defense of a controversial U.S. Marine accused of responsibility for the 2005 slayings of 24 civilians in Haditha, Iraq. Anonymous says it retrieved about three gigabytes of "court mails, faxes, transcriptions etc" from Puckett & Faraj related to its defense not only of Staff Sgt. Frank Wuterich but other marines, reports Computerworld. The group, which also says it defaced the Puckett firm's website, plans to make the marine defense material public soon: "We believe it is time to release all of…

[Read the rest of this article...]

If everyone in the office grumbles when there's mention of another meeting to add to already busy schedules, managers may want to take note of Grand Rapids, Mich.-based Atomic Object. This software-development firm holds its mandatory company meetings first thing in the morning. Chitchat is kept to a minimum. And everyone is required to stand. "Stand-up meetings are part of a fast-moving tech culture in which sitting has become synonymous with sloth," the Wall Street Journal reports. The goal of stand-ups is to keep meetings short and focused. Stand-up meetings have been used by the military since WWI, but the…

[Read the rest of this article...]

Labor lawyers have been sounding a warning in recent years that employers could be violating the law by hiring unpaid interns to do work that ordinarily would be performed by a paid employee. And now a lawsuit seeks to put that argument to the test, contending that a 28-year-woman who says she worked up to 55 hours per week, without pay, as an intern at Harper's Bazaar last year must be treated like any other employee under the federal Fair Labor Standards Act, according to Reuters. Xuedan "Diana" Wang seeks class action status for her suit, which was filed Wednesday…

[Read the rest of this article...]

A three-judge panel of the 7th U.S. Circuit Court of appeals has revived a lawsuit that claims a girls basketball team in Indiana gets less desirable scheduling than the boys team in violation of Title IX. The Chicago-based panel held that the Franklin County, Ind., school system should face trial to determine whether an "obvious disparity" in the schedules amounts to denying equal athletic opportunities to girls, Education Week's School Law bog reports. The suit maintains that during the 2009-10 basketball season at Franklin County High School, 95 percent of the boys team's games were given prime time spots on…

[Read the rest of this article...]

How Lawyers Ruin CLE Have you been to a good CLE course lately? If not, why do you think that is? Ernie Svenson, a New Orleans-based lawyer who stopped practicing to start giving continuing legal education presentations full-time, says that, ultimately, lawyers' risk-averse thinking has helped bring CLE to the low it's currently at. "Call me crazy, but the overriding objective of CLE programs should be to encourage lawyers to learn. CLE programs should be engaging, and—dare I say it—entertaining," Svenson wrote at Ernie the Attorney. Instead, he says, CLE regulations focus on minimizing the risk that lawyers will leave the program before it ends rather…

[Read the rest of this article...]

How Lawyers Ruin CLE Have you been to a good CLE course lately? If not, why do you think that is? Ernie Svenson, a New Orleans-based lawyer who stopped practicing to start giving continuing legal education presentations full-time, says that, ultimately, lawyers' risk-averse thinking has helped bring CLE to the low it's currently at. "Call me crazy, but the overriding objective of CLE programs should be to encourage lawyers to learn. CLE programs should be engaging, and—dare I say it—entertaining," Svenson wrote at Ernie the Attorney. Instead, he says, CLE regulations focus on minimizing the risk that lawyers will leave the program before it ends rather…

[Read the rest of this article...]

Justice Ruth Bader Ginsburg wrapped up a trip to Egypt with an appearance on Egyptian TV, where in a lengthy interview she discussed the U.S. Constitution and whether it should be a model for Egypt. While urging that the U.S. Constitution be used as inspiration, Ginsburg said Egyptians should look to other countries with newer constitutions for guidance, the Huffington Post reports. "Let me say first, that a constitution, as important as it is, will mean nothing unless the people are yearning for liberty and freedom," Ginsburg said in the 18-minute interview with Al Hayat TV, which is posted on…

[Read the rest of this article...]

The Justice Department has spent nearly $1.8 million defending prosecutors accused of breaking the law during a failed corruption case against former Alaska Sen. Ted Stevens. The government's case against the senator crumbled three years ago when the DOJ acknowledged attorneys had concealed evidence that could have helped the defense, USA Today reports. In November, a court-ordered investigation concluded there was intentional misconduct by prosecutors, but said no criminal contempt-of-court charges should be filed. To tabulate the costs of defending those prosecutors, USA Today examined records obtained under a Freedom of Information Act request. The records show that the DOJ…

[Read the rest of this article...]

The Justice Department has spent nearly $1.8 million defending prosecutors accused of breaking the law during a failed corruption case against former Alaska Sen. Ted Stevens. The government's case against the senator crumbled three years ago when the DOJ acknowledged attorneys had concealed evidence that could have helped the defense, USA Today reports. In November, a court-ordered investigation concluded there was intentional misconduct by prosecutors, but said no criminal contempt-of-court charges should be filed. To tabulate the costs of defending those prosecutors, USA Today examined records obtained under a Freedom of Information Act request. The records show that the DOJ has paid…

[Read the rest of this article...]

Lawyers don't fully appreciate how much technology is changing the nature of law practice, several witnesses said today at a public hearing conducted by the ABA Commission on Ethics 20/20. "Many lawyers don't understand that technology is a leading cause of the economic climate that's affecting the profession," said Jayne Reardon, the executive director of the Illinois Supreme Court Commission on Professionalism, who was one of those testifying. "Lawyers need to be enlightened to the possibilities that technology offers them." While the hearing produced no dramatic fireworks, it shed some light on how debate may unfold when the ABA's policy-making…

[Read the rest of this article...]