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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Friday, February 22, 2013
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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Thursday, February 21, 2013
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.
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.
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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/
Wednesday, February 20, 2013
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.
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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
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.
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.
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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.
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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.
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Tuesday, February 19, 2013
Dewey Docket: Laid-Off Staff to Have Their Day in Court
- Ramin Talaie for The Wall Street Journal
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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.
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.
Sunday, February 17, 2013
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.
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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:
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:
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.
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:
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":
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.
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.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.
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":
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: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."
In contrast, Jeffrey Harrison 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.
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.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 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.
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