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lawyerist Two states opt for sane lawyer advertising rules

March 6, 2009

Within recent days two states – Maine and Alabama– have turned back restrictive lawyer advertising proposals (first heard from the ABA’s Will Hornsby, who is now on twitter). Let’s hope it’s part of a trend. Maine became another of the vast majority of states to adopt rules (effective Aug. 1, 2009) consistent with the ABA’s […]

Read the full article → Notes from a Twitter curmudgeon

February 11, 2009

To my own surprise, I’ve been using Twitter lately (“tweeting,” for those in the know).  I say surprise because I really still don’t understand what all the fuss is about. But there’s an awful lot of fuss and I hate to be the last one to show up at a party. Since Sam encouraged people […]

Read the full article → Goliath gets poked in the eye

January 20, 2009

The Massachusetts Supreme Judicial Court gave a boost to on-line legal education (and declined to bow down to the ABA) recently when it allowed a graduate of Concord Law School, an entirely on-line law school owned by Kaplan, Inc., to sit for the Massachusetts Bar Exam, despite a state rule that prohibits graduates from unaccredited […]

Read the full article → New salvo in metadata battle

January 13, 2009

Maine has become the latest state to take sides in the grudge match over whether it is ethical for lawyers to search electronic documents for metadata hidden beneath the bytes.  Maine says no, joining New York (both the state and county bars), Florida, Alabama, and Arizona.  The ABA (Formal Op. 06-442), Maryland, Colorado, and D.C. […]

Read the full article → Delete that thread!

January 5, 2009

I’ll confess, I’m a threader. I have my mail program set so that when I respond to an e-mail, the previous posts become part of the new message. That way, after multiple exchanges with one person, I can keep just the most recent e-mail and delete all the earlier messages, leaving the entire thread intact […]

Read the full article → New FDIC rule provides increased security for IOLTA accounts

November 24, 2008

With the recent meltdown of financial institutions, some lawyers have been wondering whether and how client funds held in a lawyer’s IOLTA account are be covered by FDIC insurance in the event of a bank failure.  In general, the rule has been that FDIC insurance covered $100,000 of any individual’s funds deposited in a single […]

Read the full article → This post is privileged and confidential

November 17, 2008

But you started reading it anyway. We’re all so inundated with disclaimers and license agreements at every turn that we barely flinch anymore when we see the words “privileged and confidential” or worse, long paragraphs in small fonts portending doom for the unwitting recipient of a misdirected e-mail or the surfer of law firm websites. […]

Read the full article → “Send me a postcard, drop me a line . . .”

November 14, 2008

The following is a fictionalized account of a conversation between the plaintiff’s attorneys in Illinois Central Railroad Co. v. Broussard, No. 2007-CA-01010-COA (Miss.Ct. App. Sept. 30, 2008), as reported at 24 Lawyers’ Manual 535 (Oct. 15, 2008). Associate: You know that asbestos case we filed a couple of weeks ago? Read this article over at […]

Read the full article → Watch out for ethics bumps in flat fees

November 10, 2008

As alternative billing approaches go, flat fees have many fans. Clients like to know exactly what a particular legal service will cost and lawyers like to leverage experience they have gained in providing the same service to others. Sometimes a flat fee even lets a lawyer spend more time on a matter because there’s no […]

Read the full article → Collecting fees in difficult economic times

October 20, 2008

With the stock market gyrating and the economy sinking, many lawyers are already starting to see clients fall behind on paying their bills.  Here are a few ideas for managing fee collection through troubling times… Read this article over at >

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