Thursday, March 11, 2010
Legal News
News from: ABA Journal, ABA Latest News, ABA Top Stories, Jurist - Breaking News, Jurist - US News, Law - Blog watch, Law - Daily News, Law - Small Firm, W&L Law
Judge Praises Lawyer in Lawsuit Over Staten Island Ferry Crash but Retains Cut Fee
New York personal injury attorney Evan Torgan should not face disciplinary action for the circumstances under which he signed a paralyzed victim of the 2003 Staten Island Ferry disaster to a retainer agreement, a U.S. magistrate judge has recommended. However, the judge also recommended that federal Judge Jack Weinstein reject Torgan's motion to reverse Weinstein's decision reducing the lawyer's fee from 33 percent of the $18.3 million verdict to 20 percent, finding the fee reduction did not constitute an "undue hardship."
3/11/2010 4:02:49 AM- Law - Daily News
Kill Returns to Anderson Kill After 2 Years at Reed Smith
Lawrence Kill, a former managing partner at Anderson Kill & Olick who left two years ago with 55 other lawyers to join Reed Smith, rejoined his former firm Monday as chair of the litigation department. "I felt like I was coming home," said Kill, calling his return a "personal" decision.
3/11/2010 4:02:49 AM- Law - Daily News
Firm Sanctioned for 'Perfect Storm' of Improper Practices in Debt Collection
A Manhattan law firm committed a "veritable 'perfect storm' of mistakes, errors, misdeeds and improper litigation practices" in trying to collect a debt from a woman, a New York state judge has ruled in ordering sanctions against the firm. Eltman, Eltman & Cooper was ordered to pay $14,800 for a series of ethics rules violations, including "disobeying" a court order dismissing the case by making "harassing" phone calls to the defendant. A firm spokesman said that an appeal is under consideration.
3/11/2010 4:02:49 AM- Law - Daily News
ABA Cuts Dues to Lure Solos, But Will It Work?
Last month, the American Bar Association agreed on a radical shake-up of its membership dues to get more representation from solo attorneys, the segment of the bar that is most acutely feeling the effects of a bad economy. Under a structure that will take effect this summer, solos will receive discounts of up to 50 percent. But it's not clear how successful the ABA incentives will be, as solo attorneys weigh things like the value of membership in a national bar organization versus more localized ones.
3/11/2010 4:02:49 AM- Law - Small Firm
ABA Cuts Dues to Lure Solos, But Will It Work?
Last month, the American Bar Association agreed on a radical shake-up of its membership dues to get more representation from solo attorneys, the segment of the bar that is most acutely feeling the effects of a bad economy. Under a structure that will take effect this summer, solos will receive discounts of up to 50 percent. But it's not clear how successful the ABA incentives will be, as solo attorneys weigh things like the value of membership in a national bar organization versus more localized ones.
3/11/2010 4:02:49 AM- Law - Daily News
Salaries Are Chief Cost Concern for Midsize Firms
Leaders of many midsize firms across Pennsylvania agree that salaries tend to be the most costly expense and one of the most difficult to control. David M. Kleppinger, chairman and CEO of McNees Wallace & Nurick, said that attorney costs, meaning salaries and benefits for all nonequity owners such as associates and of counsel, comprise "the largest single cost element in the budget." Firm leaders also noted employee benefits, and the cost of commercial real estate and technology as other major budget concerns.
3/11/2010 4:02:49 AM- Law - Daily News
Indictments Dismissed Against Lawyers Charged in 'Slayer Statute' Case
The Georgia Supreme Court ruled last week that criminal indictments against two lawyers must be dismissed, putting to rest a case that the state's criminal defense bar worried could threaten the livelihoods -- and liberty -- of lawyers whose clients are ultimately convicted. The lawyers were accused of stealing from the estate of a murder victim by accepting legal fees from his wife, who first inherited her husband's estate but ultimately pleaded guilty to a murder-for-hire plot.
3/11/2010 4:02:49 AM- Law - Daily News
High Court Finds Lawyers and Their Advice Covered by Bankruptcy Reform Law
Consumer bankruptcy lawyers are "debt relief agencies" under a 2005 federal bankruptcy law and restrictions on the type of advice they can give clients are constitutional, the U.S. Supreme Court ruled on Monday. In a challenge brought by a Minnesota law firm, the justices unanimously held that the plain language of the Bankruptcy Abuse Prevention and Consumer Protection Act clearly indicates that lawyers function as debt relief agencies when they provide bankruptcy help to consumers covered by the law.
3/11/2010 4:02:49 AM- Law - Daily News
The 4 People Lawyers Won't Meet in Solo Practice
"You're so lucky you work for yourself; you don't have to work with people like [fill in the blank]." Solo practitioner Paul Schorn hears this often from friends in midsize and large firms, and in his heart, he knows they're right: Part of what makes solo practice worthwhile is getting to avoid some of the people who can drain all the fun out of practicing law. Here are four types of people Schorn is happy not to face on a daily basis, along with the lessons he believes people can learn from them.
3/11/2010 4:02:49 AM- Law - Daily News
Major Companies Pledge $30 Million to Minority- and Women-Owned Law Firms
About a dozen major corporations, including Prudential Financial, DuPont and Microsoft, pledged Thursday to spend $30 million in 2010 on minority- and women-owned law firms as part of a new commitment called the Inclusion Initiative. In-house lawyers at DuPont and Prudential hatched the idea and recruited in-house lawyers at other companies to build a larger coalition, says Prudential GC Susan Blount. Other companies in the coalition include American Airlines, Accenture, Comcast and General Mills.
3/11/2010 4:02:49 AM- Law - Daily News
Civil Litigator Scales 5 of the 'Seven Summits'
David N. Schaeffer, a partner at Holland Schaeffer Roddenberry Blitch, has climbed five of the "seven summits," the highest peaks of the seven continents. Schaeffer's appetite for climbing challenges apparently was whetted after he climbed Mount Whitney, which he says is "not very difficult." Schaeffer recalls, "Some 80-year-old had done it that day for the 35th time, so it was time for something more challenging." His book, "A Regular Guy's Guide to Five Big Mountains," comes out this fall.
3/11/2010 4:02:49 AM- Law - Daily News
Firm Sanctioned for 'Perfect Storm' of Improper Practices in Debt Collection
A Manhattan law firm committed a "veritable 'perfect storm' of mistakes, errors, misdeeds and improper litigation practices" in trying to collect a debt from a woman, a New York state judge has ruled in ordering sanctions against the firm. Eltman, Eltman & Cooper was ordered to pay $14,800 for a series of ethics rules violations, including "disobeying" a court order dismissing the case by making "harassing" phone calls to the defendant. A firm spokesman said that an appeal is under consideration.
3/11/2010 4:02:49 AM- Law - Small Firm
Indictments Dismissed Against Lawyers Charged in 'Slayer Statute' Case
The Georgia Supreme Court ruled last week that criminal indictments against two lawyers must be dismissed, putting to rest a case that the state's criminal defense bar worried could threaten the livelihoods -- and liberty -- of lawyers whose clients are ultimately convicted. The lawyers were accused of stealing from the estate of a murder victim by accepting legal fees from his wife, who first inherited her husband's estate but ultimately pleaded guilty to a murder-for-hire plot.
3/11/2010 4:02:49 AM- Law - Small Firm
The 4 People Lawyers Won't Meet in Solo Practice
"You're so lucky you work for yourself; you don't have to work with people like [fill in the blank]." Solo practitioner Paul Schorn hears this often from friends in midsize and large firms, and in his heart, he knows they're right: Part of what makes solo practice worthwhile is getting to avoid some of the people who can drain all the fun out of practicing law. Here are four types of people Schorn is happy not to face on a daily basis, along with the lessons he believes people can learn from them.
3/11/2010 4:02:49 AM- Law - Small Firm
Going Solo? Get a Practice Management System
The economic downturn has led many attorneys, by chance or by choice, to stike out on their own. There are many technology tools to help you, says attorney Joseph J. Zaknoen, but the most important is a good practice management software system. Zaknoen turned to LexisNexis TimeMatters.
3/11/2010 4:02:49 AM- Law - Small Firm
Going Solo? Get a Practice Management System
The economic downturn has led many attorneys, by chance or by choice, to stike out on their own. There are many technology tools to help you, says attorney Joseph J. Zaknoen, but the most important is a good practice management software system. Zaknoen turned to LexisNexis TimeMatters.
3/11/2010 4:02:49 AM- Law - Daily News
High Court Finds Lawyers and Their Advice Covered by Bankruptcy Reform Law
Consumer bankruptcy lawyers are "debt relief agencies" under a 2005 federal bankruptcy law and restrictions on the type of advice they can give clients are constitutional, the U.S. Supreme Court ruled on Monday. In a challenge brought by a Minnesota law firm, the justices unanimously held that the plain language of the Bankruptcy Abuse Prevention and Consumer Protection Act clearly indicates that lawyers function as debt relief agencies when they provide bankruptcy help to consumers covered by the law.
3/11/2010 4:02:49 AM- Law - Small Firm
Salaries Are Chief Cost Concern for Midsize Firms
Leaders of many midsize firms across Pennsylvania agree that salaries tend to be the most costly expense and one of the most difficult to control. David M. Kleppinger, chairman and CEO of McNees Wallace & Nurick, said that attorney costs, meaning salaries and benefits for all nonequity owners such as associates and of counsel, comprise "the largest single cost element in the budget." Firm leaders also noted employee benefits, and the cost of commercial real estate and technology as other major budget concerns.
3/11/2010 4:02:49 AM- Law - Small Firm
Kill Returns to Anderson Kill After 2 Years at Reed Smith
Lawrence Kill, a former managing partner at Anderson Kill & Olick who left two years ago with 55 other lawyers to join Reed Smith, rejoined his former firm Monday as chair of the litigation department. "I felt like I was coming home," said Kill, calling his return a "personal" decision.
3/11/2010 4:02:49 AM- Law - Small Firm
Judge Praises Lawyer in Lawsuit Over Staten Island Ferry Crash but Retains Cut Fee
New York personal injury attorney Evan Torgan should not face disciplinary action for the circumstances under which he signed a paralyzed victim of the 2003 Staten Island Ferry disaster to a retainer agreement, a U.S. magistrate judge has recommended. However, the judge also recommended that federal Judge Jack Weinstein reject Torgan's motion to reverse Weinstein's decision reducing the lawyer's fee from 33 percent of the $18.3 million verdict to 20 percent, finding the fee reduction did not constitute an "undue hardship."
3/11/2010 4:02:49 AM- Law - Small Firm
Civil Litigator Scales 5 of the 'Seven Summits'
David N. Schaeffer, a partner at Holland Schaeffer Roddenberry Blitch, has climbed five of the "seven summits," the highest peaks of the seven continents. Schaeffer's appetite for climbing challenges apparently was whetted after he climbed Mount Whitney, which he says is "not very difficult." Schaeffer recalls, "Some 80-year-old had done it that day for the 35th time, so it was time for something more challenging." His book, "A Regular Guy's Guide to Five Big Mountains," comes out this fall.
3/11/2010 4:02:49 AM- Law - Small Firm
Major Companies Pledge $30 Million to Minority- and Women-Owned Law Firms
About a dozen major corporations, including Prudential Financial, DuPont and Microsoft, pledged Thursday to spend $30 million in 2010 on minority- and women-owned law firms as part of a new commitment called the Inclusion Initiative. In-house lawyers at DuPont and Prudential hatched the idea and recruited in-house lawyers at other companies to build a larger coalition, says Prudential GC Susan Blount. Other companies in the coalition include American Airlines, Accenture, Comcast and General Mills.
3/11/2010 4:02:49 AM- Law - Small Firm
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Wednesday's Three Burning Legal Questions
3/10/2010 3:12:00 PM- Law - Blog watch
Law School Lecture Series Unravels the Financial Crisis
In a series of lectures between Mar. 16 and 22, Washington and Lee law faculty will discuss the causes and consequences of the financial crisis that has wrought havoc on financial systems and economies around the world. More information...
3/10/2010 3:10:14 PM- W&L Law
Judge Carton Rules: Four-Digit Prison Sentences and One-Named 'Milk-o-holics'
3/10/2010 1:21:42 PM- Law - Blog watch
The 'Four Voices' Lawyers Can Use When Speaking to Reporters
3/10/2010 11:59:00 AM- Law - Blog watch
The Four People (and Counting) Lawyers Won't Meet in Solo Practice
3/10/2010 10:59:32 AM- Law - Blog watch
I'll Take One with Mustard, Sauerkraut and an Alibi Witness
3/9/2010 3:00:00 PM- Law - Blog watch
Billing On the Go -- Of Course There's an App for That
3/9/2010 1:03:00 PM- Law - Blog watch
How to Be Resented Twice: Be a Sports Agent and a Lawyer
3/9/2010 11:30:00 AM- Law - Blog watch
Lawyers: Clear Your Calendars and Your Chambers
3/9/2010 10:07:22 AM- Law - Blog watch
Monday's Three Burning Legal Questions
3/8/2010 3:30:00 PM- Law - Blog watch
Environmental Law Symposium to Explore Technology Impact on Climate Policy
On Friday, March 19, Washington and Lee University School of Law will host a symposium examining the complexities of attempts to use technological innovation and transfer to address climate change. More information...
3/5/2010 3:21:07 PM- W&L Law
9/11 Terror Trial Judge to Speak on High Profile Trials
On Tuesday, March 16, the Hon. Leonie M. Brinkema, U.S. District Court Judge for the Eastern District of Virginia, will deliver the 2010 Tucker Lecture at Washington and Lee University School of Law. More information...
3/4/2010 2:48:35 PM- W&L Law
W&L Students to Compete at First-ever Transactional Lawyering Competition
Two Washington and Lee students will participate at a first of its kind competition hosted by the Earle Mack School of Law at Drexel University on March 4-5, 2010. More information...
3/2/2010 4:24:24 PM- W&L Law
Health Care Summit: Any Areas of Agreement?
What is the outcome of the President's Health Care Summit? In two posts on the Health Affairs blog. Washington and Lee law professor Tim Jost details some areas of agreement. More information...
2/26/2010 4:06:44 PM- W&L Law
Mark Grunewald Appointed Interim Dean of Washington and Lee University School of Law
Mark Grunewald, the James P. Morefield Professor of Law at Washington and Lee University, has been named interim dean of the School of Law, effective July 1, 2010. More information...
2/23/2010 3:15:43 PM- W&L Law
Most States Oppose Federal Insurance Mandate
In an NPR Morning Edition report on state efforts to block a federal health insurance requirement, Washington and Lee law professor Tim Jost says that the U.S. Constitution is clear on the fact that states cannot nullify federal law. More information...
2/23/2010 10:05:59 AM- W&L Law
Washington and Lee to Host Regional Mediation Competition
Teams from Washington and Lee, William and Mary, Liberty, Regent, Richmond, and Stetson will compete at the regional Representation in Mediation Competition on Feb. 27-28 at the School of Law. More information...
2/22/2010 11:35:01 AM- W&L Law
2010 Phi Alpha Delta Charity Auction Raises over $11,000 for Local Charities
On Thursday, February 18th, students at the Washington and Lee School of raised over $11,500 during the 2010 Phi Alpha Delta charity auction. More information...
2/19/2010 1:58:38 PM- W&L Law
Linda A. Klein '83L Nominated as Chair of ABA's House of Delegates
Linda A. Klein '83L, a managing shareholder with Baker Donelson, was nominated as the 2010 Chair of the American Bar Association's House of Delegates during the ABA's 2010 Midyear Meeting. More information...
2/17/2010 9:46:04 AM- W&L Law
Genocide Scholar to Speak at School of Law
Professor Jens Meierhenrich of Harvard University will give a talk titled "Lawfare: The Formation and Deformation of Gacaca Jurisdictions in Rwanda, 1994-2009." More information...
2/15/2010 9:06:50 AM- W&L Law
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