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Ethics & Malpractice Issues

A Solo Fought the Law and the Solo Won! NY Jud. Code 470 Found Unconstitutional!

September 8, 2011 by Carolyn Elefant

The wheels of justice grind slowly, but exceedingly fine. Nearly four years have passed since New-York barred, New Jersey residing attorney Ekaterina Schoenefeld refused to play scofflaw and ignore a valid law requiring only non-resident lawyers to maintain an in-state office  simply because she personally believed it to be outdated or unjust. Instead, Schoenefeld did […]

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Ethics Rules May Be Stupid, But Rules Are Rules

August 13, 2011 by Carolyn Elefant

Update (8/13/2011, 10 am –  Please read through the comments and my responses in the Comment Section. I plan to update this post but for now, I will respond in the comment section.  For convenience, I have uploaded the NY Rules of Professional Conduct here – NYRulesofProfessionalConduct4109-6 which I will reference in my comments] Also, […]

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The North Carolina Bar’s Double Standard for Data and Dollars

June 20, 2011 by Carolyn Elefant

Two months ago, North Carolina released Proposed Formal Ethics Opinion 6 , Subscribing to Software as a Service (SaaS) While Fulfilling the Duties of Confidentiality and Preservation of Client Property. As others, including my Social Media for Lawyers co-author Nicole Black, NC Bar LPM Advisor Eric Mazzone, e-lawyering pioneer Richard Granat and North Carolina virtual […]

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ABA report: No New Rules Needed for Law Firm Rankings

June 15, 2011 by Carolyn Elefant

The following is a guest post by Roy Ginsburg When U.S. News & World Report decided to rank law schools, this ranking – for better or worse — fundamentally changed the law school admissions process. So when U.S. News announced that it would join forces with Best Lawyers to publish rankings of lawyers, that announcement […]

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Practice Tips, Courtesy of Rakofsky v. The Internet

June 7, 2011 by Carolyn Elefant

(updated, 7 am 6/7/11 to change a few points) As I mentioned a few weeks back, I’m one of the 81 defendants who’s been sued by Joseph Rakofsky. The post that won me an admission ticket to the front lines of this lawsuit tracked a theme common to 45 other posts I’ve written: what not […]

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An Issue-Spotting Exercise in Revenue Stream Opportunities That Solos Should Avoid

May 27, 2011 by Carolyn Elefant

In these uncertain economic times, many solo and small firm lawyers must struggle to make ends meet. Thus, they’re always on the look-out for side jobs to supplement their income. And while waiting tables or working as a barista in a coffee house are options, most new solos would prefer law-related freelance or per diem […]

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MyShingle’s Been Sued in Rakofsky v. the Internet

May 13, 2011 by Carolyn Elefant

After seven and a half years of blogging at MyShingle, I thought that I’d seen the last of my firsts. But thanks to Joseph Rakofsky and the Rakofsky Law Firm PC, MyShingle.com is one of multiple defendants named in this first ever law suit against my site, keeping company with Above the Law, the Washington […]

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No Do Overs in Solo Practice

May 3, 2011 by Carolyn Elefant

One of the aspects of solo practice that I love most is that it keeps us engaged. We spend most of our professional life on the wire – dealing with clients and small businesses instead of mindlessly researching and reviewing documents, while always wondering in the back of our minds where the next case is […]

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Law Firm Wants Fans Badly Enough to Violate Facebook Rules

April 21, 2011 by Carolyn Elefant

Don’t get me wrong, I love creative law firm marketing ideas – so much so, that I’ve collected a couple here and here. But I’m not amused when marketing initiatives violate rules – even when those rules seem stupid – because it suggests that the law firm didn’t engage in due diligence. Consider the case […]

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From tiny ethics mishaps, do major missteps grow?

April 3, 2011 by Carolyn Elefant

Back in March, I pondered whether there might be a correlation between cutting little ethics corners on seemingly insignificant matters like advertising and committing major ethics breaches like pilfering from trust accounts or prejudicing a criminal defendant’s rights on the other. I actually hoped that my observation was wrong – after all, if a slip-up […]

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