Transvaginal Mesh Complications and Litigation

Serious complications stemming from transvaginal mesh prompted an FDA warning and lawsuits by women against device manufacturers. On this Ringler Radio podcast, host Larry Cohen joins co-host, Heather Anderson and guest, Attorney Leigh O'Dell from the Beasley Allen law firm, to discuss the dangers, litigation, physical complications, Leigh’s role on the Plaintiffs’ Steering Committee and next steps.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/11/transvaginal-mesh-complications-and-litigation/

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Ultrabook Benefits for Attorneys

The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/01/ultrabook-benefits-for-attorneys/

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Senate Committee Approves Three District Court Nominees

The Senate Judiciary Committee today unanimously voted to approve Nelson Roman to be a judge for the Southern District of New York and Shelly Dick for the Middle District of Louisiana. William Orrick for the Northern District of California was approved 11-7, and David Medine was approved 10-8 to become chairman of the Privacy and Civil Liberties Oversight Board.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202590414896&rss=newswire

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Legal Talk Network Live at LegalTechNY 2012-Law.com’s Jill Windwer on LegalTech Turnout

Jill Windwer, VP of Digital Products and Law.com discusses the great turnout at LegalTechNY 2012 and reaching In-House counsel. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-law-coms-jill-windwer-on-legaltech-turnout/

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Recommendations for a Social, Mobile and Global Legal Profession

The ABA Commission on Ethics 20/20 has released its latest recommendations so that the rules and ethics of the legal profession keep up with the incredible pace of technology. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the details from the ABA Commission’s Chief Reporter, Professor Andrew Perlman, and debate these suggestions with Attorney Bradley Shear.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/recommendations-for-a-social-mobile-and-global-legal-profession/

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Legal Talk Network Live at LegalTechNY 2012-Law.com’s Jill Windwer on LegalTech Turnout

Jill Windwer, VP of Digital Products and Law.com discusses the great turnout at LegalTechNY 2012 and reaching In-House counsel. Be sure to watch the interview, hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/special-reports/2012/02/legal-talk-network-live-at-legaltechny-2012-law-coms-jill-windwer-on-legaltech-turnout/

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Essential iPad Apps for Lawyers

Everywhere we go, we see lawyers using iPads. But what are they using them for? There are thousands of Apps available for the iPad - so many that it's hard to know where to begin. Fortunately, Tom Mighell has written a new book called, iPad Apps in One Hour for Lawyers. In this episode, Dennis Kennedy and Tom Mighell discuss the importance of iPad apps for effective use of iPads, Tom's book, and their favorite iPad Apps for lawyers and others.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/06/essential-ipad-apps-for-lawyers/

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There's No Standing in a Coffin

The doctrine of Standing is generally a pretty good one. Derived from the Constitution's Article III requirement of a case or controversy for jurisdiction, It prevents some guy in Des Moines deciding he doesn't like what some guy in North Carolina did, and suing him for it, forcing the North Carolina guy to have to defend a case against some guy who has nothing whatsoever to do with the claim.

Yet when a good doctrine is combined with those dreaded words, the majority opinion written by Justice Alito, it's enough to send chills down one's spine.  That happened in the Supreme Court's 5-4 reversal in Clapper v. Amnesty International, challenging the constitutionality of §1881a surveillance under the Foreign Intelligence Surveillance Act of 1978, as amended in 2008.

Section 702 of the Foreign Intelligence Surveillance Act of 1978 (FISA),50 U. S. C. §1881a, added by the FISA Amendments Act of 2008,permits the Attorney General and the Director of National Intelligence to acquire foreign intelligence information by jointly authorizing the surveillance of individuals who are not "United States persons" and are reasonably believed to be located outside the United States. Before doing so, the Attorney General and the Director of National Intelligence normally must obtain the Foreign Intelligence Surveillance Court’s (FISC) approval. Surveillance under §1881a is subject to statutory conditions, judicial authorization, congressional supervision, and compliance with the Fourth Amendment.

This is the nice way of saying that an ex parte determination by a secret court is good enough to overcome constitutional objections. The respondents, having prevailed before the Second Circuit after the district court held they lacked standing, argued that they were engaged in international communications with the sort of folks they believed the government likely to target under FISA, and in order to avoid being wiretapped and surveiled, were constrained to engage in more extreme measures to protect their privacy.

And so they sued.

Justice Alito was not impressed, as were the other four justices siding with him.

To establish Article III standing, an injury must be "concrete, particularized, and actual or imminent; fairly traceable to the challenged action; and redressable by a favorable ruling." Monsanto Co. v. Geertson Seed Farms, 561 U. S. ___, ___. "[T]hreatened injury must be ‘"certainly impending" ’ to constitute injury in fact," and "[a]llegations of possible future injury" are not sufficient. Whitmore v. Arkansas, 495 U. S. 149, 158.

Yeah, well, that's usually a pretty good thing.  The problem here is that between the secrecy of targets under FISA and various privileges that would keep it concealed, nobody can ever say that their privacy was violated.  In other words, nobody will ever have standing and therefore no one will ever be able to challenge the constitutionality of §1881a surveillance.

In the New York Times, Adam Liptak points out that this hurdle of Standing has graver ramifications:

More broadly, the ruling illustrated how hard it is to mount court challenges to a wide array of antiterrorism measures, including renditions of terrorism suspects to foreign countries and targeted killings using drones, in light of the combination of government secrecy and judicial doctrines limiting access to the courts.

“Absent a radical sea change from the courts, or more likely intervention from the Congress, the coffin is slamming shut on the ability of private citizens and civil liberties groups to challenge government counterterrorism policies, with the possible exception of Guantánamo,” said Stephen I. Vladeck, a law professor at American University.

While many folks think that groups like Amnesty International and the American Civil Liberties Union have some sort of magic authority to challenge anything, they are subject to the same rules of Standing as anyone else. Though they may exist for the purpose of challenging the actions of the government, they suffer neither greater, nor lesser, harm than does any person subject to the law.  And whether one can argue that an unconstitutional law confers standing on every American or none, absent a particularized injury suffered, has now been answered. By Justice Alito.

While the fact that no one may ever be capable of asserting standing might concern some, it doesn't bother Justice Alito at all.

Justice Alito wrote that the prospect that no court may ever review the surveillance program was irrelevant to analyzing whether the plaintiffs had standing. But he added that the secret court does supervise the surveillance program.

Does it bring anyone comfort that the courts, although operating in secret, have us covered? Me neither.  But the Court noted that it's not entirely hopeless:

It is also at least theoretically possible, he added, that the government will try to use information gathered from the program in an ordinary criminal prosecution and thus perhaps allow an argument “for a claim of standing on the part of the attorney” for the defendant.

While Judy Tenuta might say, "it could happen," ACLU lawyer Jameel Jaffer is not as optimistic.

Mr. Jaffer said the situations were far-fetched.

“Justice Alito’s opinion for the court seems to be based on the theory that the secret court may one day, in some as-yet unimagined case, subject the law to constitutional review, but that day may never come,” Mr. Jaffer said. In many national security cases, he added, the government has prevailed at the outset by citing lack of standing, the state secrets doctrine or officials’ immunity from suit.

Though Standing may well be a good thing in general, it's now pretty much an insurmountable hurdle to challenging the government's more creative and covert conduct.  That the government can enact laws beyond challenge presents an intolerable condition. 

While Justice Breyer, in dissent, argues that the harm is "not speculative," as "it is as likely to take place as are most future events that common-sense inference and ordinary knowledge of human nature tell us will happen,” that's a bit too chaos theory.  The larger point is that the government should never be capable of giving itself power that cannot be legally questioned.  Indeed, it seems that such extreme authority, which inherently defies due process, is by definition unconstitutional.

But after the 5-4 refusal to hear Clapper v. Amnesty International, we will never know.  Hear that sound?  It's the slam of the coffin shutting, and we're inside.

© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/02/27/theres-no-standing-in-a-coffin.aspx?ref=rss

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UN rights expert calls for investigation into death of Palestine prisoner

[JURIST] The UN Special Rapporteur for human rights in the Occupied Palestinian Territories Richard Falk called Wednesday on the international community to investigate the death [press release] of Palestinian Prisoner Arafat Jaradat. Jaradat died while in interrogations at an Israeli facility. Initially, Israel claimed the cause of death was a heart attack, but this was not included in the preliminary autopsy. Palestinian Authority's chief pathologist, Dr. Saber Aloul, also observed the autopsy and expressed concern that the body showed signs...

Source: http://jurist.org/paperchase/2013/02/un-rights-expert-calls-for-investigation-into-death-of-palestine-prisoner.php

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Solos, Structured Settlements, & Medicare Set Asides

Solo attorneys need to know what is happening in the structured settlement industry for a more successful practice. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner looks to the experts, Ringler Associates Consultant Peter Early, and Vincent Polinsky, Director of Operations at Ringler Medicare Solutions, to explain the evolving role of the structured settlement consultant today. Hear the discussion about the advantages of a Medicare Set-Aside, and the benefits overall to your client’s settlement.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/04/solos-structured-settlements-medicare-set-asides/

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States Eye Cursive Mandate, AKA ‘Jacob Lew’s Law’

State lawmakers are advancing bills that would require public schools to teach cursive writing.

Source: http://blogs.wsj.com/law/2013/02/25/states-eyes-cursive-mandate-aka-jacob-lews-law/?mod=WSJBlog

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Harvesting Intellectual Property: Inspired Beginnings and "Work-Makes-Work," Two Stages in the Creative Process of Artists and Innovators

Professor Jessica Silbey of Suffolk University Law School discusses her Intellectual Property law research, as described in her recent article in Notre Dame Law Review Volume 86, Issue 5 and her upcoming book. Read the article at http://bit.ly/A927vO.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/01/harvesting-intellectual-property/

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OPINION: A license to steal?

If high court sides with AmEx in case brought by merchants, it will encourage companies to draft clauses that eliminate both arbitration and claims, allowing them to get away with breaking the law.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202589186245&rss=rss_nlj

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Gone Clio with Attorney Andrew Kawel

Listen as Clio co-founder Jack Newton talks with special guest, Andrew Kawel, founder of Kawel PLLC. You'll hear Jack and Andy discuss switching to Mac to minimize time and frustration in doing certain non-billable and labor intensive tasks, Dropbox, Google Voice, Google Apps and the cloud.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/gone-clio-with-attorney-andrew-kawel/

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CIO Network: Can Regulation Prevent Innovation? (Wall Street Journal)

Share With Friends: | | Law - Video Stories, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/283442580?client_source=feed&format=rss

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Massachusetts' 3 Strikes Law

Chris Dearborn, Associate Clinical Professor of Law at Suffolk University Law School, discusses the Massachusetts 3 Strikes Law. Learn more about our nationally ranked clinical programs at http://law.suffolk.edu/academic/clinical/.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/massachusetts-3-strikes-law/

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Is The Voting Rights Act Relevant In 2013?

The Supreme Court will begin hearing arguments on Wednesday on the relevance and constitutionality of the 1965 Voting Rights Act. The court is tasked with determining whether states with a history of discrimination still need to get federal approval before changing election procedures.

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Source: http://www.npr.org/2013/02/25/172892264/is-the-voting-rights-act-relevant-in-2013?ft=1&f=1070

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Revisiting Voter ID Laws

Since our program spotlighting Voter ID Laws and Voter Purges across the country, there have been big developments in Arizona, Tennessee and key battleground state, Ohio. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams chat with Daniel Tokaji, Professor of Law at The Ohio State University’s Moritz College of Law and Lawrence Norden, Deputy Director of the Brennan Center's Democracy Program, about this how the upcoming election might be impacted.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/revisiting-voter-id-laws/

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The Return of Black Lung and the Law

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/

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Revisiting Voter ID Laws

Since our program spotlighting Voter ID Laws and Voter Purges across the country, there have been big developments in Arizona, Tennessee and key battleground state, Ohio. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams chat with Daniel Tokaji, Professor of Law at The Ohio State University’s Moritz College of Law and Lawrence Norden, Deputy Director of the Brennan Center's Democracy Program, about this how the upcoming election might be impacted.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/revisiting-voter-id-laws/

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Attending Law School After Serving in Marine Counterintelligence

Jeff Gangi JD '14 discusses his experiences in Marine Counterintelligence and his studies at Suffolk University Law School. He also talks about his membership in the Suffolk Armed Forces Association.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/attending-law-school-after-serving-in-marine-counterintelligence/

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Alabama Divided As Court Prepares To Hear Voting Rights Challenge

The Supreme Court hears arguments Wednesday in a case challenging a Voting Rights Act provision that requires some states to receive federal approval for elections rule changes. Shelby County says the system is outdated, but some black officials argue it's still necessary to ensure diverse voices in government.

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Source: http://www.npr.org/2013/02/25/172603328/alabama-divided-as-court-prepares-to-hear-voting-rights-challenge?ft=1&f=1070

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NLRB: Firing for Facebook posting was legal

Let the NLRB's press release tell the story:

The National Labor Relations Board has found that the firing of a BMW salesman for photos and comments posted to his Facebook page did not violate federal labor law, because the activity was not concerted or protected. [Decision here]

The question came down to whether the salesman was fired exclusively for posting photos of an embarrassing and potentially dangerous accident at an adjacent Land Rover dealership, or for posting mocking comments and photos with co-workers about serving hot dogs at a luxury BMW car event. Both sets of photos were posted to Facebook on the same day; a week later, the salesman was fired from Knauz BMW in Lake Bluff, IL.

The Board agreed with Administrative Law Judge Joel P. Biblowitz, who found after a trial that the salesman was fired solely for the photos he posted of a Land Rover that was accidently driven over a wall and into a pond at the adjacent dealership after a test drive. Both dealerships are owned by the same employer.

In a charge filed with the NLRB, the salesman maintained that he was principally fired for posting photos and sarcastic comments about his dealer serving hot dogs, chips and bottled water at a sales event announcing a new BMW model. “No, that’s not champagne or wine, it’s 8 oz. water,” the salesman commented under the photos. Following an investigation,the regional office issued a complaint. Judge Biblowitz found that this activity might have been protected under the National Labor Relations Act because it involved co-workers who were concerned about the effect of the low-cost food on the image of the dealership and, ultimately, their sales and commissions.

The Land Rover accident was another matter. A salesperson there had allowed a customer’s 13-year-old son to sit behind the wheel following a test drive, and the boy apparently hit the gas, ran over his parent’s foot, jumped the wall and drove into a pond. The salesman posted photos of the accident with sarcastic commentary, including: “OOPS”.

The National Labor Relations Act protects the group actions of employees who are discussing or trying to improve their terms and conditions of employment. An individual’s actions can be protected if they are undertaken on behalf of a group, but the judge found, and the Board agreed, that was not the case here.

As Judge Biblowitz wrote, “It was posted solely by [the employee], apparently as a lark, without any discussion with any other employee of the Respondent, and had no connection to any of the employees’ terms and conditions of employment. It is so obviously unprotected that it is unnecessary to discuss whether the mocking tone of the posting further affects the nature of the posting.” Because the posts about the marketing event did not cause the discharge, the Board found it unnecessary to pass on whether they were protected.

However, the three-member panel differed in its opinions of a “Courtesy” rule maintained by the employer regarding employee communications. Chairman Mark Gaston Pearce and Member Sharon Block found the language of the rule to be unlawful because employees would reasonably believe that it prohibits any statements of protest or criticism, even those protected by the National Labor Relations Act.

Dissenting, Member Brian E. Hayes found that the employer’s rule was “nothing more than a common-sense behavioral guideline for employees” and that “nothing in the rule suggests a restriction on the content of conversations (such as a prohibition against discussion of wages)”.

The Board ordered Knauz BMW to remove the unlawful rules from the employee handbook and furnish employees with inserts or new handbooks. The decision, dated Sept. 28 but made public today, was the Board’s first involving a discharge for Facebook postings; other such cases are pending before the Board.

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Source: http://www.lawmemo.com/blog/2012/10/nlrb_firing_for.html

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Language is Everything

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/

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Key changes to Patent Law

Back on September 16, 2011, President Obama signed the America Invents Act (AIA) into law, vastly changing the core of the patent system and patent law. Now, a year later, some of the key provisions are going into effect. Lawyer2Lawyer host Bob Ambrogi talks with Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O, about the implementation of some of the most important provisions of the America Invents Act and their impact.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/09/key-changes-to-patent-law/

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Gone Clio with Paul "Woody" Scott

Listen as Clio co-founder Jack Newton talks with special guest, Attorney Paul "Woody" Scott, founder of The Scott Law Firm, based in Louisiana. Jack and Woody talk about Dropbox and its integration with Clio, disaster recovery and how digital and the cloud can save on overhead in your firm.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/04/gone-clio-with-paul-woody-scott/

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Hiring Your First Employee

Hiring your first employee can feel like jumping off a cliff, but in some circumstances it can lead to more efficiency and profits. On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program joins Lee Rosen, founder of the Rosen Law Firm, a North Carolina family law firm, blogger and practice management guru and Attorney Scott Stewart, from The Law Offices of Scott David Stewart out of Arizona, to talk about how to make the first hire a successful hire.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/03/hiring-your-first-employee/

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Law Change Makes It Harder To Unlock Cellphones

A copyright ruling from the Library of Congress covers whether people may buy a phone from one carrier and then use it with another. A recent change makes it illegal to unlock a phone, or untie it from the original carrier, without permission. But some people are petitioning the White House to undo that change.

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Source: http://www.npr.org/2013/02/20/172466684/why-unlocking-a-cellphone-could-land-user-in-jail?ft=1&f=1070

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2011 Intellectual Property Year in Review and Outlook for 2012 – Part I: Patents

IP Counsel host, Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes Craig Smith, partner at Lando & Anastasi, to discuss important patent cases and court decisions in 2011 from the United States Supreme Court and the Court of Appeals for the Federal Circuit covering a wide range of issues, including patentable subject matter, inventor rights, inducement of patent infringement, damages, and inequitable conduct. Peter and Craig also discuss major cases on the dockets of the Supreme Court and Federal Circuit in 2012 that will be followed closely by practitioners and the business community.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/02/2011-intellectual-property-year-in-review-and-outlook-for-2012-part-i-patents/

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LawBiz® Legal Pad On the Road!: Client Expectations

Above all else, managing client expectations requires a commitment to communication. Tune in this week as Ed shares tips to make this easier for you.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/AdM5soy4R3U/

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Wait, So You Didn't Want The Deluxe Exorcism Package?

The gent says he just wanted to talk with the preacher. Well sir, it is alleged that a little more than that happened one day back in February 2012, as reported by knoxnews.com:

Andrew Byrd filed a lawsuit Feb. 15 in Sevier County against the Rev. Joel Arwood, his wife Theresa Arwood and deacon Charles Shields, all of Sevierville, as well as the Family Chapel Church of God and the Church of God International.

So what happened?

According to the lawsuit, Shields and the Arwoods asked Byrd on Feb. 21, 2012, to attend a meeting at Family Chapel Church of God, 1038 Charlotte’s Court in Pigeon Forge. During the meeting, Theresa Arwood said Byrd had a “demon or spirit that needed to be cast out,” according to the lawsuit.

“Thereafter, Joel Arwood and Charles Shields physically assaulted (Byrd) , while being encouraged by the shouts of Theresa Arwood,” Byrd states in the lawsuit.

According to a Sevier County Sheriff’s Office report, Byrd suffered a broken tooth, bruising and lacerations to the face, and pain and lasting injury to his back and leg.

Yikes.

Byrd alleges the pastor later bragged to the congregation that he had “punched the devil and knocked the devil’s tooth out.”

Byrd alleges in the lawsuit that Joel Arwood then “published” allegations accusing Byrd of murdering three people in Sevier County, including a 16-year-old girl, and having a contract to kill two more people, knowing that the statements were false.

Should be one helluva trial. Here's the source.

The Juice is a personal injury lawyer practicing in Washington, DC, Maryland, and Northern Virginia. He handles a lot of bicycle and car accidents (no exorcisms yet).

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/wonKpY0hIcE/post_604.html

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The Firm Leader – Mastering Difficult Conversations

Attorneys can turn into leaders by successfully engaging others during difficult conversations. Learn more about handling these tough talks, how to prepare and how to get the results you want during these conversations on the Un-Billable Hour with host Attorney Rodney Dowell, the Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and expert guest Karen MacKay, President of the consultancy Phoenix Legal Inc.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/07/the-firm-leader-mastering-difficult-conversations/

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Judges Urged to Think Before ‘Liking’ Someone

It's OK for judges to use Facebook and Twitter, but they shouldn’t get too cozy online, advises the American Bar Association.

Source: http://blogs.wsj.com/law/2013/02/22/judges-urged-to-think-before-liking/?mod=WSJBlog

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Advanced Searching and Technology Assisted Review

Identify the best practices for conducting smart searches by listening to The ESI Report. Host and Attorney and Director of Thought Leadership at Kroll Ontrack, Michele Lange, gets expert advice for conducting smart searches and exploring advanced search options to increase the effectiveness of your search protocol from Harris T. Berenson, E-discovery Counsel for Hughes Hubbard & Reed and Alex C. Gross, Legal Consultant at Kroll Ontrack. Then on the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Consultant, Mark Thompson, analyzes recent court opinions discussing the hot topic of technology assisted review.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/05/advanced-searching-and-technology-assisted-review/

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Revisiting Voter ID Laws

Since our program spotlighting Voter ID Laws and Voter Purges across the country, there have been big developments in Arizona, Tennessee and key battleground state, Ohio. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams chat with Daniel Tokaji, Professor of Law at The Ohio State University’s Moritz College of Law and Lawrence Norden, Deputy Director of the Brennan Center's Democracy Program, about this how the upcoming election might be impacted.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/revisiting-voter-id-laws/

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Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance

Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/women-who-opt-out-the-debate-over-working-mothers-and-work-family-balance/

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Seventh Circuit Won’t Revisit Ruling on Loaded Guns in Public

A Chicago-based federal appeals court refsued to reconsider its holding that Americans enjoy a constitutional right to carry loaded guns outside their homes.

Source: http://blogs.wsj.com/law/2013/02/22/seventh-circuit-wont-revisit-ruling-on-loaded-guns-in-public/?mod=WSJBlog

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The Fiscal Cliff Impact

As we approach the end of 2012, the nation waits on news regarding the “fiscal cliff” and whether a compromise can be reached on Capitol Hill. What exactly is the “fiscal cliff” and what are the possible resolutions? On this Ringler Radio podcast, host Larry Cohen joins colleague and co-host, Rich Ryan and guest, Dr. Christopher Coyne, Economist and Associate Professor of Finance at St. Joseph’s University, to talk about the potential impact of the fiscal cliff and the security of structured settlements.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/12/the-fiscal-cliff-impact/

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Massachusetts' 3 Strikes Law

Chris Dearborn, Associate Clinical Professor of Law at Suffolk University Law School, discusses the Massachusetts 3 Strikes Law. Learn more about our nationally ranked clinical programs at http://law.suffolk.edu/academic/clinical/.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/massachusetts-3-strikes-law/

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Judge James Francis on Proportionality

U.S. Magistrate Judge James Francis (SDNY) on weighing the skyrocketing costs of e-discovery.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202587269495&rss=newswire

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Technology-Enhanced Television

As rumors of a game-changing new Apple TV begin to swirl, we wonder whether technology will start to change the way we watch television. Or maybe it already has. Does technology always need to have "productive" uses? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell turn to a "non-serious" technology topic for the end of summer, explore ways technology, especially tablets, can enhance your TV viewing experience, and find some surprisingly serious conclusions about where technology is taking us.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/08/technology-enhanced-television/

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Language is Everything

Seen in Arizona!

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/

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Gone Clio with Attorney Michael J. P. Schewe

On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Attorney Michael J. P. Schewe of Schewe Law LLC. Michael talks about his passion for employment-related issues, the pros and cons of starting your own law firm, and how Clio makes him confident when a malpractice issue comes up.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/08/gone-clio-with-attorney-michael-j-p-schewe/

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Lawyer2Lawyer: A Retrospective

We started Lawyer2Lawyer back in August of 2005 with the idea of providing quality content and discussion of timely legal news and information for the legal profession with regularly published podcasts and often videos too. Since our inception, we have set the precedent for legal podcasting in numbers of listeners globally, but more importantly, we’ve been one of the leaders in great content - our priority over the past 7 years. On this final edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams, talk about their personal experiences over the years with this legal podcast.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/lawyer2lawyer-a-retrospective/

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In-Vitro Fertilization, Custody Rights and Family Law

A Massachusetts court orders a man to pay child support for twin girls, born through In-vitro fertilization and with donor sperm and eggs, even though he was estranged from his wife at the time of conception. Is this fair? With the rise in IVF treatments, there are more and more cases across the country with complicated custody matters. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Attorney Maureen McBrien from the firm, Todd & Weld LLP and Certified Family Law Specialist and trial attorney Violet P. Woodhouse, to explore the legal issues surrounding in-vitro fertilization, custody rights and family law.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/in-vitro-fertilization-custody-rights-and-family-law/

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Because One Secret Court Isn't Enough

Hot on the heels of the Obama administration's white paper on its authority to kill at will, the New York Times offers an editorial compromise.  Remember, even when something is inherently wrong, there is always someone happy to compromise principle rather than just say "no."

No American prosecutor can imprison or execute someone except on the orders of a judge or jury. That fundamental principle applies no less to the suspected terrorists that the executive branch chooses to kill overseas, particularly in the case of American citizens.

A growing number of lawmakers and experts are beginning to recognize that some form of judicial review is necessary for these killings, usually by missiles fired from unmanned drones.

A special court, which we first proposed in a 2010 editorial, would be an analogue to the Foreign Intelligence Surveillance Court that Congress set up in 1978. If the administration has evidence that a suspect is a terrorist threat to the United States, it would have to present that evidence in secret to a court before the suspect is placed on a kill list.

The FISA court, a model for the future because it has worked out so very well.

The surveillance court is often considered a rubber stamp; out of 32,000 wiretap applications presented by the government from 1979 to 2011, it rejected only 11. But its presence has helped ensure that the administration’s requests are serious. In 2002, it ruled that the Department of Justice had overstepped its bounds, giving prosecutors too much authority. (That decision was later overturned by an appeals court.)

The position of the Neo-Warriors, while anathema to those of us disinclined to adopt the view that calling something a "war" makes it so, at least has the benefit of being a principled position. They believe in an imperial presidency, and that the authority to safeguard the public entitled the president to kill at will. As strongly as I may disagree with the view, at least I can respect the consistency of the position.

The Times, sadly, tries to split the baby.  Of the many blights on the legal system, the FISA courts is one of the worst.  It is reminiscent of the star chamber, where one side (lemme guess, the prosecution?) gets to go in, on its own, present its evidence and, without anyone to dispute its claims, gets its order. This is the appearance of process without any substance. Can you imagine how utterly awful and baseless the 11 wiretap applications must have been to get rejected?

When word got out that Congress had set up secret FISA courts back in the late 70's, there was outrage among a select group of lawyers (lemme guess, criminal defense lawyers?) that such a thing could exist in the United States. Secret courts? Totally one-sided, throwing the constitutional rights of Americans under the bus without anyone to question, or even know, what was happening? 

Time heals all wounds, and this one scabbed over nicely.  The FISA courts have become an accepted part of the wiretapping landscape, and their existence doesn't raise a peep anymore. What was once unthinkably outrageous is now just another piece of the least dangerous branch. 

So if the FISA courts, the rubber stamp of the prosecution's arsenal, has become so widely accepted, why not create more secret courts?  Why not create a secret court to provide judicial authorization for the executive to execute our enemies?  For crying out loud, these are the enemies of America!  The president says so, and he wouldn't lie.

Maybe not, though he could be wrong. But the secret court being asked to rubber stamp the kill order would never know because there would be no one there to offer a contrasting view, to question the assumptions, to challenge the evidence.  And there would be no one even aware that Sam Smith was just rubber stamped until the proud announcement that he was no longer with us, terminated with extreme prejudice.

If it's acceptable that the executive branch maintains a kill list of those it perceives to be enemies of our nation, then why create another secret court to put on a dog and pony show that creates the appearance of legitimacy without the substance of due process?  Are Americans so vapid as to be satisfied with theater in lieu of actual adversarial scrutiny?  Will this be Real Housewives of the Judiciary?

Worse still, one secret court was bad. Very bad. And yet it's become a part of our judicial fabric. For whatever reason, our acceptance of this singular blight hasn't given rise to some scholar screaming that we should have secret courts handling all of our sensitive issues since the FISA court has done so spectacularly well in stamping wiretap orders.  But now the New York Times does what others have been too ashamed to do, promote the idea of secret courts as a solution.

No more secret courts, and if it were up to me, the FISA court would go too. But no more. If the President has the authority to kill Americans he deems enemies, as the Neo-Warriors would have it, then no judicial intervention is needed, and the judiciary should refuse to become an actor in the president's show. 

And if the Chief Executive cannot kill Americans at will because the Constitution of the United States of America does not permit him (or her, when the time comes) to redefine war to mean whatever the Neo-Warriors want it to mean, then no secret ex-parte court order can make it constitutional. 

Just as no one can be half dead, no compromise can make the kill lists more palatable. It's one of those things that is either right or wrong, and the New York Times' attempt to split the (alleged) terrorist is completely misguided.

© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/02/14/20130213.aspx?ref=rss

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SU Discoverlaw.org PLUS

Suffolk University Law School Dean Camille Nelson and Keren Zuniga McDowell, director of the Office of Academic Affairs at Suffolk University, discuss the SU Discoverlaw.org PLUS program. Learn more about SU Discoverlaw.org PLUS at http://bit.ly/yZhpOL.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/suplus/

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Gone Clio with Attorney Anthony Reeves

On this edition of Gone Clio, Clio co-founder Jack Newton talks with special guest, Anthony Reeves of the Reeves Law Firm. Anthony talks about cloud computing and security, flexibility of using Clio for his practice and the role Internet access plays in serving his clients.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/10/gone-clio-with-attorney-anthony-reeves/

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Language is Everything

At the TTT truck stop.  One of the Country's finest.  In Tucson.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ay7qKuQiFOI/

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The Path to Becoming a Solo Practitioner

New Solo host and solo practitioner, Attorney Kyle R. Guelcher, spotlights solo attorney Carl Irace and his path to becoming a successful solo practitioner. Carl discusses his career as an Assistant District Attorney in New York City and explains the challenges of moving from the public to the private sector. Carl also gives tips for marketing solo practices in small markets.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/06/the-path-to-becoming-a-solo-practitioner/

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Execute a Long-Term Technology Strategy

For today’s corporate law departments faced with the challenge of doing more with less, a legal matter and spend management system is almost an imperative. In this edition of Tech Experts, Mandy Purington, a Managing Director in Datacert’s professional services group, shares best practices and practical tips for keeping your department’s legal matter and spend management system implementation project on-time and on-budget, while also ensuring that it supports your department’s long-term technology strategy.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/09/execute-a-long-term-technology-strategy/

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Secure Your Legal Data in the Cloud

The use of cloud-based services and technology is top-of-mind for many law departments today, who wonder, "Is the cloud really secure enough to store my company’s confidential legal data?" In this edition of Tech Experts, information security expert, Joe McMorris, VP of Information Technology at Datacert, will explore this question and offer practical advice about the critical information security and compliance questions you should ask before entrusting a cloud-based legal software vendor with your data.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/07/secure-your-legal-data-in-the-cloud/

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Helpful Tips for Women Solo Practitioners

New Solo host, Attorney Kyle R. Guelcher, a solo practitioner and the most recent Chair of the Young Lawyers Division of the Massachusetts Bar Association is joined by Attorney Melissa Conner, from the Conner Law Offices out of Boston, Massachusetts, to spotlight women solos. Melissa shares her recommendations on everything from which organizations female attorneys can join when first starting their office, to the benefits of a women’s bar association to how to find a mentor.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/02/helpful-tips-for-women-solo-practitioners/

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The Best Resources for Staying Current in E-Discovery

How do you keep up with all that is going on in the world of e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, Neil Squillante, publisher of LitigationWorld, who discusses his selection of resources for staying current in e-discovery. Neil tells us how to keep up with e-discovery developments, lists his favorite blogs and podcasts, and explains how you can benefit from the Sedona Conference and webinars.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/02/the-best-resources-for-staying-current-in-e-discovery/

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American Bar Association Updates Technology Ethics Rules

In this August edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins attorney Michael Arkfeld, principal of Arkfeld and Associates, and John Barkett a partner at Shook, Hardy & Bacon, to discuss pending changes to the ABA’s Model Code of Professional Conduct, addressing technology, and lawyers’ responsibilities to understand and use technology to best serve clients. Monica continues the discussion with attorney Bob Ambrogi, who focuses on social media.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/07/american-bar-association-updates-technology-ethics-rules/

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Gone Clio with Attorney Beate Weiss-Krull

Listen as Clio co-founder and CEO Jack Newton talks with special guest, Beate Weiss-Krull, a general practitioner based in Portland, Oregon. You’ll hear Jack and Beate talk about how #cloudcomputing helps her manage her US and German cases, her switch from PC to Mac, ScanSnap and other #paperless productivity tips.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/01/gone-clio-with-beate-weiss-krull/

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Liability in the Costa Concordia Cruise Ship Tragedy

The capsizing of the luxury cruise ship, Costa Concordia, off the coast of Italy has created a torrent of possible criminal charges against the captain and civil litigation against the cruise line company in courtrooms around the world. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and J. Craig Williams, along with Attorney Joseph McFaul, special counsel for Sedgwick LLP in Irvine, California, sort through the plethora of legal issues associated with this cruise ship tragedy.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/liability-in-the-costa-concordia-cruise-ship-tragedy/

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The AM Roundup: China’s Unlucky Number 61398, More

Law Blog rounds up the morning's news.

Source: http://blogs.wsj.com/law/2013/02/19/the-am-roundup-chinas-unlucky-number-61398-more/?mod=WSJBlog

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How Medical Apology Programs Harm Patients

Gabriel Teninbaum, Associate Professor of Legal Writing at Suffolk Law, discusses his May 2012 Boston Globe editorial and recent article on how medical apology programs harm patients. Read the article at http://bit.ly/qEUwjh.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/how-medical-apology-programs-harm-patients/

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U.S.-Russia Relations Continue To Falter With Prosecution Of Dead Man

Russia is prosecuting a dead man, corruption whistle-blower Sergei Magnitsky, in a case that has severely complicated U.S.-Russia relations. Congress passed a bill that will punish anyone involved in the Magnitsky case and other major human rights violators in Russia. The Russian parliament responded by banning adoptions by American families of Russian children. It is against this backdrop that the new Secretary of State John Kerry finds himself searching for ways to reset relations once again.

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Source: http://www.npr.org/2013/02/19/172431561/u-s-russia-relations-continue-to-falter-with-prosecution-of-dead-man?ft=1&f=1070

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Child Sexual Abuse Litigation in the Los Angeles United School District

School should be a safe environment for our children, but in a shocking case in Los Angeles, California, Forrest Stobbe, a teacher at Queen Anne Elementary School, pleaded no contest to continuous sexual abuse of a child. As multiple other claims involving Latino children are revealed in LAUSD, calls for further investigation are underway In this podcast, Ringler Radio host Larry Cohen along with co-host, Manny J. Valdez, Jr. and guest, Stephen J. Estey, founding partner of Estey & Bomberger LLC, and a legal champion for sexually abused children, take a look at these disturbing cases, the school district's liability and the quest to protect our children.

Source: http://ringlerradio.com/podcasts/ringler-radio/2013/02/child-sexual-abuse-litigation-in-the-los-angeles-united-school-district/

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Ultrabook Benefits for Attorneys

The big story at the 2012 Consumer Electronics Show was "ultrabooks." This new category of computer stole the thunder, at least for a few days, from tablet computers. Should lawyers be considering ultrabooks in 2012? In this episode, Dennis Kennedy and Tom Mighell take a look at the new world of ultrabooks, whether tablet computers like the iPad are taking over the computer market, and what it all means for traditional notebook computers and desktop PCs.After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/01/ultrabook-benefits-for-attorneys/

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Defense Attorneys Turning to Social Media

Lead counsel for accused murderer George Zimmerman calls social media an unavoidable component of high profile cases. So, should blogging, posting and tweeting become standard practices in defense strategies? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, debate the pros and cons, as well as the legal and ethical issues of social media with Dr. Amy Singer, founder of Trial Consultants Inc., and Attorney Scott Greenfield, Of Counsel at Hull McGuire, PC.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/defense-attorneys-turning-to-social-media/

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Dewey Docket: Laid-Off Staff to Have Their Day in Court

Ramin Talaie for The Wall Street Journal

A former Dewey & LeBoeuf LLP document specialist who sued the law firm last year after 450 staffers were told they would be laid off amid the firm's collapse will be given her day in court, a federal bankruptcy judge ruled this week. Vittoria Conn had filed a class action in federal court last May alleging the troubled law firm failed to give proper notice to the employees, as required by state and federal Worker Adjustment and Retraining Notification (WARN) laws. Ms. Conn sought relief on behalf of herself and the other staffers for wages they would have earned had the notice been issued within the required time period--60 days under the federal statute, 90 days under New York law and 30 days under California law. After Dewey sought Chapter 11 protection later that month, Ms. Conn filed an adversary proceeding class action complaint in federal bankruptcy court, which if approved would allow her to present her case before the bankruptcy judge. . .

Source: http://blogs.wsj.com/law/2013/02/12/dewey-docket-laid-off-staff-to-have-their-day-in-court/?mod=WSJBlog

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Don't Ignore Governmental Mechanisms for Protecting Intellectual Property Rights

In this Intellectual Property webcast, Lee Eulgen, a partner at Neal, Gerber & Eisenberg LLP, discusses his recent article, "Don't Ignore Governmental Mechanisms for Protecting Intellectual Property Rights." Read the article at http://bit.ly/xCRaaY.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/dont-ignore-governmental-mechanisms-for-protecting-intellectual-property-rights/

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The U.S. Supreme Court’s Golan v. Holder Decision

On this edition of IP Counsel, host Attorney Peter Lando, partner at the firm of Lando & Anastasi, LLP, welcomes returning guest, Mary Wong, Director of the Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law, to discuss the recent U.S. Supreme Court decision in Golan v. Holder. The Golan decision upheld a law that restored copyright protection to foreign works that were once in the public domain and makes clear that Congress has broad discretion with regard to copyright and other intellectual property protection. Peter and Mary discuss the procedural history of the case and the significance of the decision.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/03/the-u-s-supreme-courts-golan-v-holder-decision/

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Back to School Spotlight on Law Students

It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/back-to-school-spotlight-on-law-students/

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Naked Lawprof Mudwrestling: Doctrine, Practice and Skills

The door opened with a post by Eric Miller at PrawfsBlawg where he made the mistake of conflating doctrine with practice in the headline:

The False Dichotomy Between Practice (Doctrine) and Academics

I've made the argument in previous postings that interdisciplinarity is necessary to understand low-level courts.  But I also believe that interdisciplinarity is an essential party of *any* law school education, elite or *non-elite*.  That’s why I’ve been so disappointed by some recent attacks—in the name of educational pluralism or practice-readiness—on interdisciplinary approaches to law as so much academic self-indulgence by faculty.  The idea appears to be that there is a dichotomy between what lawyers need to know and what "academics" teach, and that often rides on the back of an argument that what "academics" teach is fit only for those folks at the top law schools who want to become academics themselves.  I think this is a false dichotomy, and it shows a profound ignorance of much of legal practice, and certainly practice in lower courts or the non-elite end of the spectrum. 

Eek. While Miller's bottom-up approach strikes a chord, the rest emits an unpleasant odor. So challenging the interdisciplinary approach of elite academics shows a "profound ignorance" of legal practice in lower courts?  That's a bit of a strong statement.

Miller was taken to task in the comments for the examples he offered to dispute in coming posts, none of which came anywhere near the sound arguments previously made, and all of which bore the distinct scent of facile strawmen to a few practicing lawyers. 

Into the breach stepped Michael Mannheimer, seeking to interpret Miller's point:

Based on some of the more vehement reactions to Eric Miller’s recent post, it seems to me that a lot of us are talking past one another when we use words like “practical” and “skills.”  “Skills” are like free speech:  everyone agrees it’s a good thing but no one can agree what it is.

Skills? Miller conflated doctrine with practice, but the word "skills" never came up.  In fact, the word isn't mentioned at all in Miller's post. And practice and skills aren't necessarily the same thing either, though the separation isn't anywhere as obvious as doctrine and practice.

For the sake of making it just a little bit clearer, I offer my definitions of the language involved. These may not comport with the way the legal academy defines the words, but judging from Mannheimer's post, and the comments to it, they are all over the place anyway.

Doctrine: The rules of law applied to factual scenarios.
Practice: The way things actually happen in court.
Skills: The things lawyers actually do to represent clients.

I know, simple and clear. No doubt the intellectuals are laughing their butts off at my simplistic definitions, but still, without definitions (as is clear from the posts by people far smarter than me), nothing useful gets accomplished. 

After acknowledging that the skills of reading, writing and thinking are always necessary for the practice of law, Mannheimer, in a moment of weakness, writes:

But by the same token, one cannot be an effective attorney if one cannot, say, negotiate a plea offer or a business deal.  So it comes down to what can realistically be taught in three years and what must be picked up in practice.  And, yes, some skills must await practice to be developed.  The notion of a lawyer being “practice ready” upon graduation is simply, for lack of a better term, horseshit. 

It's nice to see a lawprof speak like a regular guy, right? That's why I added the emphasis. But then, not everyone agrees with this, as reflected in a bold comment by "anon":

A comment from a regular reader, which you are free to ignore or even delete: It may seem prudish and trivial, but I enjoy posts less and am less likely to be persuaded when the author includes words like "horseshit."

After all, aren't posts written for the enjoyment of anonymous prisses? But I digress. The comments to the post provide a number of approaches by various professors at various law schools showing their efforts to integrate skills into otherwise traditional doctrinal courses.  For example, Orin Kerr writes:

When I was in law school, I took a class on Trial Advocacy that included how to give an opening statement, direct and cross examinations, and a closing statement. I think that's one example of skills training. Similarly, in a class in crim pro, skills training might include drafting or responding to a motion to suppress.

In contrast, Jeffrey Harrison writes:

At my school, "skills" evidently includes training in meditation and mindfulness. So, I guess the range is from "Where is the courthouse" to Eastern religion. Of course, teaching skills will not stimulate the demand side of the market. BTW, on the Texas Bar exam when I took it was this: Draft an Indictment.

While there always remains the question of whether a lawprof is qualified to incorporate skills and/or practice into her teaching, doctrine being the easy part since it's dearer to her heart, what is becoming increasingly clear is that some get it and some don't.

While Mannheimer is right that no law school can turn out a truly practice ready lawyer, the inclusion of skills and practice into doctrinal courses can at least prepare a student to have a clue what a motion looks like before he's required to prepare one for a client.  Think about that request on your listserv from the n00b who asks if anybody has an omnibus motion they can give him? Think about the ensuing argument about whether anybody ought to represent a client when they lack the skill to prepare a basic motion?

The fact that posts like Miller's and Mannheimer's are being written, and generating the sort of commentary they are, is a sign that we may be moving past the days of "Law and Nietzsche," no matter how fascinating some scholars think such a course might be.  To get there, however, Mannheimer ridicules the old "70's" final exam question, “The courthouse for [the local] county is located on the corner of ______ and _____ Streets.” 

While that wasn't on my final exam, here's a thought: There are likely more than a few students, and more than a few lawprofs, who can't find their way to the courthouse.  Is it worth a question on the final? Nah. But it wouldn't kill you to take the kids over the courthouse and see what really happens there. That's practice, and you could point out the street corner at the same time. And with mapquest, you won't have too much trouble finding it.



© 2012 Simple Justice NY LLC. This feed is for personal, non-commercial & Newstex use only. The use of this feed on any other website is a copyright violation. If this feed is not via RSS reader or Newstex, it infringes the copyright.

Source: http://blog.simplejustice.us/2013/02/13/naked-lawprof-mudwrestling-doctrine-practice-and-skills.aspx?ref=rss

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