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04
Justice Antonin Scalia doesn’t shy from controversy, even before a large crowd of ABA members. On Saturday during the ABA Midyear Meeting in New Orleans, Scalia answered questions posed by Boston University law dean emeritus Ronald Cass and then from the audience. Topics included abortion, religion, lawyer pay and the justice's recent opinion on police use of a GPS device to track a criminal suspect. The only topic that was off limits—and it was Cass who said Scalia couldn’t answer—was on the Constitution and same-sex marriage. Scalia didn’t hesitate when an audience member asked him whether his Catholicism influenced his…

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04
Justice Antonin Scalia doesn’t shy from controversy, even before a large crowd of ABA members. On Saturday during the ABA Midyear Meeting in New Orleans, Scalia answered questions posed by Boston University law dean Ronald Cass and then from the audience. Topics included abortion, religion, lawyer pay and the justice's recent opinion on police use of a GPS device to track a criminal suspect. The only topic that was off limits—and it was Cass who said Scalia couldn’t answer—was on the Constitution and same-sex marriage. Scalia didn’t hesitate when an audience member asked him whether his Catholicism influenced his opposition…

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04
Justice Antonin Scalia doesn’t shy from controversy, even before a large crowd of ABA members. On Saturday during the ABA Midyear Meeting in New Orleans, Scalia answered questions posed by Boston University law dean emeritus Ronald Cass and then from the audience. Topics included abortion, religion, lawyer pay and the justice's recent opinion on police use of a GPS device to track a criminal suspect. The only topic that was off limits—and it was Cass who said Scalia couldn’t answer—was on the Constitution and same-sex marriage. Scalia didn’t hesitate when an audience member asked him whether his Catholicism influenced his…

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04
U.S. Attorney General Eric Holder today announced two new Justice Department programs aimed at helping to bolster indigent defense services at the state and local levels. Between them, the two programs will make up to $2.4 million in federal funding available to research projects studying the barriers that prevent criminal defendants from receiving effective legal assistance, and to support direct efforts to break down those barriers. "These initiatives represent an unprecedented level of support—from this Justice Department and from the administration as a whole—for reforming America's legal system, and improving its ability to serve those who find quality representation to…

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03
Since the events of 2001, the intersection of law and terrorism has become one of the most volatile zones in the public square—a place where qualities of life and manners of death are deliberated against 225 years of the U.S. Constitution. Read all the articles in the Patriots Debate series: WAR POWERS • Constitutional Dilemma: The Power to Declare War Is Deeply Rooted in American History by Richard Brust • War Powers Belong to the President by John Yoo • Only Congress Can Declare War by Louis Fisher Next Topic: TARGETED KILLINGS This month we are offering the first in…

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03
Many large corporations are making significant progress in bringing diversity to their legal departments and creating opportunities for women of color to advance, but a panel of women lawyers in corporate leadership positions told a packed audience today that women also need to take control of their careers if they want to advance up the corporate ladder. "Be bold, and let people know what you want," said Denise F. Keane, executive vice president and general counsel of Altria Group Inc., in Richmond, Va. Systems implemented at companies to help people advance "need to work really well to find you. You've…

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03
Judge Madeleine Landrieu of Louisiana’s court of appeals was a civil trial judge in New Orleans when Hurricane Katrina hit in August 2005. She was among 16 out of the civil court’s 18 judges who lost their homes in the disaster. Landrieu evacuated with her family and moved them into her sister’s crowded home. The city she left behind was devastated. Civil court records weren’t accessible. The court website was down. Communications were impossible. Lawyers were unavailable. Landrieu recounted her experiences on Friday in an ABA Midyear Meeting program that used the Katrina experience to teach about disaster preparedness. Also…

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03
The ABA Commission on Ethics 20/20 still is undecided on whether it will make a recommendation on whether nonlawyers should be allowed to have some form of limited ownership interest in U.S. law firms. In recent months, the commission's work on the issue has focused on what the substance of such a recommendation might be. On Dec. 2, the commission released a discussion paper (PDF) on alternative law practice structures that outlines one possible approach to nonlawyer ownership—but it does not amount to an actual recommendation. The commission also posted initial draft proposals (PDF) on choice-of-law issues affecting fee-sharing when…

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03
The ABA Commission on Ethics 20/20 still is undecided on whether it will make a recommendation on whether nonlawyers should be allowed to have some form of limited ownership interest in U.S. law firms. In recent months, the commission's work on the issue has focused on what the substance of such a recommendation might be. On Dec. 2, the commission released a discussion paper (PDF) on alternative law practice structures that outlines one possible approach to nonlawyer ownership—but it does not amount to an actual recommendation. The commission also posted initial draft proposals (PDF) on choice-of-law issues affecting fee-sharing when law firms operating…

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Posted in: Legal Ethics
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03
In the latest example of a law firm burned after apparently failing to confirm a worker's credentials, the Legal Profession Blog is reporting that a Massachusetts attorney's law license has been suspended for two years because she falsely held herself out as a physician. Susan Friery, who had taken courses toward a doctorate degree in pathology and worked as a morgue technician, initially began working as a paralegal for Kreindler & Kreindler around 1987. She claimed to have graduated in the top 1 percent of her class at Columbia University's medical school, according to the blog and a law firm press release announcing…

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03
The attorney general of New York today filed suit in state court against three major banks and an electronic mortgage recording operation, contending that they circumvented legal requirements and cost the the state some $2 billion in property recording fees by keeping their own private list of property transfers and mortgage assignments. The Brooklyn Supreme Court suit seeks to ban foreclosure filings that rely on information from the Mortgage Electronic Registration System and obtain reimbursement from the defendants for lost recording fees and other damages, according to the Los Angeles Times and Reuters. "The banks created the MERS system as…

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03
A Mississippi judge has jailed a Rankin County lawyer for contempt, saying he will stay there until he deposits guardianship funds into a court registry and provides a complete accounting for the $3 million inherited by a teenager from his mother over a decade ago. Hinds County Chancery Judge Dwayne Thomas took action after a hearing Wednesday. He said in a court order that attorney Michael J. Brown twice before within the past year failed to provide a complete accounting for expenses and funds concerning De Mon McClinton’s guardianship, the Clarion-Ledger reports. The judge said in the order there is no record that Brown deposited the teen's money…

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03
A Mississippi judge has jailed a Rankin County lawyer for contempt, saying he will stay there until he deposits guardianship funds into a court registry and provides a complete accounting for the $3 million inherited by a teenager from his mother over a decade ago. Hinds County Chancery Judge Dwayne Thomas took action after a hearing Wednesday. He said in a court order that attorney Michael J. Brown twice before within the past year failed to provide a complete accounting for expenses and funds concerning De Mon McClinton’s guardianship, reports the Clarion-Ledger. The judge said in the order there is no record that Brown deposited the teen's money…

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03
Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion in spending in…

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03
Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion…

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03
Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion in spending in state judicial races,” he said at the hearing, and the proposals are a “terrific start” to…

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03
Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion…

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Posted in: Legal Ethics
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03
Adam Skaggs. Photo by Kathy Anderson Should law firms have to report judicial campaign contributions by their lawyers and staffers? Should they include information about nonfinancial support, such as endorsements? And how should judges use that information to decide whether to recuse themselves? Those questions were considered at a public hearing at the ABA Midyear Meeting on Friday as commenters dissected proposed amendments to model ethics rules. The need for revisions is clear, according to Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law. There has been an “explosion…

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03
The hacktivist collective known as Anonymous claims to have obtained material from a law firm's computer system concerning its defense of a controversial U.S. Marine accused of responsibility for the 2005 slayings of 24 civilians in Haditha, Iraq. Anonymous says it retrieved about three gigabytes of "court mails, faxes, transcriptions etc" from Puckett & Faraj related to its defense not only of Staff Sgt. Frank Wuterich but other marines, reports Computerworld. The group, which also says it defaced the Puckett firm's website, plans to make the marine defense material public soon: "We believe it is time to release all of…

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03
If everyone in the office grumbles when there's mention of another meeting to add to already busy schedules, managers may want to take note of Grand Rapids, Mich.-based Atomic Object. This software-development firm holds its mandatory company meetings first thing in the morning. Chitchat is kept to a minimum. And everyone is required to stand. "Stand-up meetings are part of a fast-moving tech culture in which sitting has become synonymous with sloth," the Wall Street Journal reports. The goal of stand-ups is to keep meetings short and focused. Stand-up meetings have been used by the military since WWI, but the…

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