Legal Ethics Forum

Quick Hits (9/28/05)

A UK firm is now text messaging its clients with news of developments.  But are they hip enough to adopt the text messaging style?  "U r 2 b sued.  j/k"    . . . .    The LA firm of Munger, Tolles & Olson has become a magnet for former US Supreme Court clerks -- and the signing bonuses are jaw-dropping.    . . . .    The first thing they'll do is expel the (Canadian) lawyers who fight too hard (in Russia) for their clients, as Robert Amsterdam found out.    . . . .    Didn't Tocqueville say (something like), "in America all disputes eventually become legal disputes"?  So we're having another Scopes trial, this time in Pennsylvania.    . . . .    A New Mexico jury acquitted former judge Reuben Galvan of rape and bribery charges, and deadlocked on other charges.    . . . .    At the International Bar Association meeting in Prague, the IBA president, Francis Neate, suggested that the US's commitment to the rule of law had weakened in the wake of the 9/11 attacks.    . . . .     I keep wanting to link to entries in the White Collar Crime Prof Blog, one of my favorites, but why not just check out the whole blog?

Legal Profession Abroad (9/27/05)

California's efforts to crack down on deadbeat dads have unexpectedly cracked down on foreign lawyers.  A legislative fix is forthcoming.    . . . .    Australian Magistrate Di Fingleton was jailed and then legally vindicated on appeal.  This fascinating interview tells us what she's learned from the experience.    . . . .    An Australian newspaper is slamming judges for attending conferences in posh environs.  I can't speak to the Australian particulars, but I think we should encourage judges to attend conferences.  It's one of the few places where lawyers and society can offer broader education to the judiciary and where the judiciary can speak more broadly to the rest of us.    . . . .    Malaysian students now have more routes to becoming a lawyer.  I'd like to see some experimentation here in the US with bringing back the undergraduate law degree.    . . . .    We're seeing more and more news stories about international trade that mention legal services alongside textiles and other commodities.  (In the US, the major international law firms would like to see free trade include legal services.)    . . . .    Now that UK law firms can become limited liability organizations, more firms will do what this leading Liverpool firm did: opt out of general liability rules.    . . . .    A major conference for litigation support technologies is being held in Switzerland.    . . . .    Nigerian Olusegun Obasanjo urges the legal profession to create a brighter future for the country.

Moron Advertising (errr...)

The various discussions about honesty in advertising got me thinking more about it.  (If you haven't read the thread below about law schools with low bar passage rates, you need to!  I should have gone into advertising...) 

Right now, there is kickasslawyers.com and superlawyers.com and bestlawyer.com (forwards to a real firm), and probably lots of others.  This post is just for fun and education: what other domain names are out there that are highly, uh, enlightening about the firm?   I'm just out for fun here.

Missouri's New Advertising Rule

I haven't yet read the text, but read a newspaper article saying that Missouri was going to compel lawyers to put "don't hire a lawyer just based on an ad" on all lawyer ads.  That's interesting -- inherent in it, I suppose, is the idea that lawyer advertisements are inherently false or misleading:  what else justifies the compelled speech?

I am not a fan of the garish lawyer ads that I sometimes see, but imho this may take things a bit too far.  What's next?  "Don't believe what you see on TV" will be required?  :-)

A Plug for Inns of Court

At my American Inn of Court last night, we hosted a delegation from Gray's Inn, led by Master Sir Duncan Ouseley, who shared some thoughtful remarks about the importance of judicial independence and the rule of law.  Two students from Santa Clara mooted a contract case against some pupils from Gray's Inn, and two US judges joined Sir Duncan on the moot court bench.  I strongly recommend that law students check to see if they can participate in an Inn near them.  Particularly for 2Ls/3Ls, it's a great way to begin the transition to practice. 

SoCal Associate Salary Hike

It's not another "Gunderson bump," but Southern California firms have hiked first year salaries.  Look for that increase to echo, ripple, and spread.

Ethics and Legal Profession News (9/21/05)

The lawsuit financing industry survived an important appellate court ruling.  Critics of the industry say it is a form of predatory lending and that it deprives the plaintiff of control over the suit.  Supporters say the industry provides plaintiffs money to stay afloat.  Typically, the financer pays a sum to the plaintiff and collects a large fee if the plaintiff wins -- and collects nothing if the plaintiff loses.  Model Rule 1.8(e) sets out the traditional doctrine that lending money to the plaintiff is an improper form of purchasing influence over the plaintiff.    . . . .    A Tennessee lawyer/politician steps down from his government post, to avoid even the appearance of impropriety.  The lawyer's firm lobbies that same government and a tough new ethics law prevents that dual capacity.    . . . .    From Botswana comes this article about the road to becoming a lawyer.    . . . .    The High Court of Australia once again has a woman justice sitting on the bench.    . . . .    The FBI searched the Denver law firm that is headed by US MedSys's former chair, Peter Futro.    . . . .    The University of La Verne College of Law (Ontario, CA), a California State Bar accredited law school, awaits an important visit from the ABA accreditation committee.

UPDATE:  The lawsuit funding industry didn't survive an Ohio case, Rancman v. Interim Settlement Funding Corporation 99 Ohio St.3d 121 (2003).  For more, read  Douglas R. Richmond, "Other People's Money: The Ethics of Litigation Funding," 56 Mercer L. Rev. 649 (2005). 

David Hricik's Other Legal Ethics Blog: Katrina Links

Over at David Hricik's other legal ethics blog (the one with the site name we wish we'd snagged for here), he's posting links relating to Katrina and the legal profession.

What's Going On (9/20/05)

Marc Galanter, one of the giants of empirical research on the legal profession, has a new book out on lawyer jokes, and he's apparently doing a speaking tour to support the book.    . . . .    It's hard to tell if this NYT article on young women from elite schools leaving the professions early is based on lots of good data or just on anecdotes.    . . . .    Very interesting article here, which somehow ties together Oprah Winfrey, Dr. Phil, trial consultants, the work product privilege, and the Georgetown Journal of Legal Ethics.  Long story short: the emerging profession of trial consultants (including Dr. Phil, who knew?) wants itself protected by privilege but some people are nervous about the whole profession.    . . . .     Emmy awards went to two actors portraying horrifically unethical lawyers.    . . . .    Calum Blyth, a Scottish solicitor who stole 100,000 pounds from clients, will spend two years in jail for his deeds.    . . . .    The two top Tyco execs were sentenced to 8 to 25 years for their theft from the company.    . . . .    The San Francisco Daily Journal ran two articles I'd like to link to -- but that newspaper hasn't entered the internet age.  One article is a nice history of the now-defunct Coudert Brothers firm, with an analysis of how the firm's management decisions 25 years ago set the stage for the firm's demise.  The second article deals with a trial judge who has appointed a lawyer to represent the interests of a dead man, on the theory that even dead people may have privacy rights.   Who makes decisions about the objectives of the attorney client relationship?  And how?

New, Unaccredited Law School in Oakland

Interesting article here (reg reqd) from the Recorder about the East Bay Law School, an unaccredited school in downtown Oakland.  Tuition is just $7,000 per year, but only 11% of bar exam takers from unaccredited law schools passed the February bar exam in California, and even that figure may be deceivingly high: the attrition rate in unaccredited schools from acceptance to the bar exam is typically very high.  I like the idea of increased access to the legal profession, but as a consumer protection matter I would require all law schools to publish accurate statistics about costs and bar passage rates.