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Ethics & Malpractice Issues

Huh? Lawyer’s Overbilling Blamed on Law School’s Failure To Teach Practice Management

August 30, 2010 by Carolyn Elefant

Law schools today get a bad rap, often deservedly so. From outrageous tuition to to ineffectual, elitist law professors to fraudulent post-graduation employment statistics to failure to teach practical skills, law schools have become the scapegoats for everything wrong with the legal profession.
Including theft over-billing. Yes, you read that right.  [...]

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Yet Another Reason Not to Use Canned Content

August 25, 2010 by Carolyn Elefant

Courtesy of Professor Eric Goldman, here’s yet another reason to avoid canned content or ghostwritten materials in law firm newsletters, and by extension, blogs: it’s a sure-fire way to convert ordinary, First Amendment protected content into regulated advertising.
Holtzman v. Turza (N.D. Ill. August 3, 2010) serves as a cautionary tale of what happens [...]

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Legal Ethics of Cloud Computing

April 9, 2010 by Carolyn Elefant

Notwithstanding a work deadline and my still outstanding taxes, I’ve done my part to express my views on cloud computing in response to the North Carolina Ethics Committee Inquiry.  I’m not a member of the North Carolina Bar, but as a frequent commentator on solo and small firm practice, I felt it was important to [...]

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BonaFide Office Rules – A Rejoinder by Tannebaum

April 5, 2010 by Carolyn Elefant

Last week, I  criticized a ruling out of New Jersey interpreting the bonafide office rule to prohibit virtual offices.  I argued that the rule (1) would force lawyers to hire staff and rent full time space, thereby raising the cost of legal services and (2) make it difficult for recently unemployed lawyers and female lawyers cutting [...]

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I’ll Take Turkewitz on Ethics Over Jack Marshall Any Day of the Week

April 5, 2010 by Carolyn Elefant

[April 6, 2010 - Update] Jack Marshall offers a response at his blog, here and describes his position in the comments section below.  Jack explains that his post was not intended to linkbait and I take him at his word for that and apologize for the accusation.  However, I don’t apologize for the tenor of my post. [...]

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How Good Solos Suffer When the Greedy Sell Out for $125 A Pop

March 14, 2010 by Carolyn Elefant

Back in July, I denounced three Cincinnati, Ohio lawyers who shamelessly served as a front for a foreclosure solutions scam.  The lawyers never met with clients (who were going to lose their homes!) or did any work on their behalf; they merely signed their name to canned pleadings prepared by a so-called foreclosure solutions company for [...]

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Attorneys Defending Bar Requirements Say that Lawyer Must Violate Them To Bring a Challenge

February 15, 2010 by Carolyn Elefant

Princeton, New Jersey based solo, Ekaterina Schoenefeld did what every good lawyer is supposed to do:  she abided her state bar’s ethics rules even though doing so cost her financially.   Though duly licensed in New York, Schoenefeld couldn’t practice there.  That’s because New York Judiciary Code section 470 requires non-resident, New York barred lawyers [...]

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A Travesty of Justice in Colorado: Lawyer Suspended for A Year and A Day for WINNING His Client’s Case

January 12, 2010 by Carolyn Elefant

Solo practice can be a risky business.  Even a three month suspension by a Grievance Committee wreaks damage far beyond the duration of the penalty.  Once suspended, solos must inform clients of their status and pass their files on to colleagues.  They cannot market and they cannot work on legal matters for other lawyers.  When [...]

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Are You Your Bloggers’ Keeper? Ethics Issues & and Lawyers’ Professional Obligations Related to Lawyers’ Marketing Non-Legal Services on Line: An Interview with Brian Tannebaum, Miami Florida Criminal Defense &

January 7, 2010 by Carolyn Elefant

Lately, the blogosphere has seemed like a dangerous place.  Scott Greenfield warned of a pscycho on Twitter who was originally retained by an attorney to conduct her online marketing campaign.   ERic Turkewitz alerts us to unseemly marketing tactics by Findlaw, like spamming blogs with comments and creating "shell" blogs designed to boost SEO and siphon [...]

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Social Media Brings Lawyers Back to the Future

December 6, 2009 by Carolyn Elefant

 H/T Amy Campbell’s Weblog (I threw in this video because it’s somewhat related to my post but more so for marketing to a company.  My post relates to consumer marketing.  Read on and you’ll see what I mean).
When it comes to social media, most lawyers aren’t first movers.  And in light of this recent Business [...]

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