Law Firm Marketing › Civil Procedure

Missouri Appellate Law - 2013 Update

I was asked recently to make a presentation on Missouri appellate practice as part of a CLE program. The program is sponsored by the Solo and Small Firm Section of the Bar Association of Metropolitan St. Louis. To prepare...more

Sixth Circuit Confirms Exempt Status of Mortgage Loan Originators

Employers who rely on exempt classifications to avoid paying overtime—and particularly employers in the banking and financial services industries—should take in interest in a recent ruling affirming the exempt status of a...more

ERISA: Plan Language Controls Even When an Adhesion Contract and Plan Language is “Not What a Reasonable Employee Would Expect.”

Will courts enforce Plan language even when a 24 month limitation is “not what a reasonable employee would expect” to see in a disability plan? YES....more

Instruct+

Society of Solicitor Advocates announce launch of Instruct+ App...more

NJLAD Lawsuit Barred Once State Agency Adopted Finding Of EEOC, New Jersey Appellate Division Holds

In Cornacchiulo v. Alternate Investment Solutions, Inc., 2012 N.J. Super. Unpub. LEXIS 1415 (App. Div. June 19, 2012), the New Jersey Appellate Division dismissed an employee’s NJLAD discrimination suit because, having first...more

Thoughts on Writing a Persuasive Appellate Brief

Here is an article outlining my thoughts on how to write a persuasive appellate brief. I prepared this article as part of a proposed CLE presentation on appellate advocacy. The CLE program is sponsored by the Solo and Small...more

Former Government Employees as Expert Witnesses

There are a lot of things that can prevent an expert from testifying: conflicts with the parties involved, restrictions from their employers, time constraints, etc. One thing, however, that should not preclude an expert is...more

Civility? Really?

Civility, across the broad arch of a career, is a successful and lucrative business model. I believe it will enhance your professional career, better serve your clients, make you more profitable, and keep you sane. ...more

Social Media Ethics for Lawyers: 4 Things Attorneys Should Not Do Online

Attorneys’ seemingly benign social media activity can and sometimes does collide with the rules of professional conduct. Recently I attended a panel discussion called “Legal Social Media Gone Wild: A Look at the Ethics...more

5 Social Media Tips for Law School Grads and Solo Practitioners to Help Find a Job and Build a Practice

In light of this challenging economic climate, my law school asked that I co-present a seminar to help third-years find their first job post-graduation. Much of the information that follows about using social media also can...more

Companies Must Retain Counsel to Answer Certain Georgia Garnishments

The Georgia Supreme Court issued a recent order regarding the unauthorized practice of law in Georgia Courts. While companies were once permitted to answer Georgia garnishments through any authorized agent, the law now...more

Todd Janson v. LegalZoom.com, Inc.

Federal Court Rules that LegalZoom Self-Help Service is Unauthorized Practice of Law

A federal district court, applying Missouri law, ruled in a summary judgment motion, that LegalZoom.com's self-help legal document preparation service is unauthorized practice of law. The service goes beyond self-help because...more

Amendment of Rule 7.3 of the Michigan Rules of Professional Conduct

Michigan Supreme Court Adds Restrictions to Lawyer Marketing

Increasing burdens on small law firms, the state supreme court added restrictions on contacting potential clients, and required that "Advertising Material" appear on marketing materials....more

Jackson Reforms: A reform too far?

The Jackson Reforms, proposed by Lord Justice Jackson appear to be nothing short of a direct assault on “access to justice” and the “gateway to justice”....more

Storytelling for Attorneys: How to Build a Great Narrative For Your Case

Attorneys sometimes act in trial or mediation as if they’re little more than an evidence machine collecting all the right evidence, excluding all the improper evidence, applying the law and expecting a positive outcome. That...more

INGENUITY 13 LLC v. John Doe

ORDER ISSUING SANCTIONS (against Porn-Trolling legal collectives)

“The needs of the many outweigh the needs of the few.” —Spock, Star Trek II: The Wrath of Khan (1982). The legal behavior in the porno-trolling collective was controlled by several attorneys, under whom other individuals...more

Clients and Law Firms Call for a Uniform Set of Lawyer Regulations

In a stunning move, 23 major law firms have joined business clients to call for a uniform set of lawyer regulations, so that American lawyers can compete in the global economy. It's time to junk state-by-state lawyer...more

Use of Visuals and Digital Presentations At Trial – Pricing Out Small Firm/Solo Litigators?

Juries in this media age expect to see visuals and digital presentations at trial. Is this expectation giving big firms with significant litigation budgets an advantage at trial? Is it pricing small firms and solo litigators...more

Banning Ranch Conservancy v, Superior Court Of Orange County

Open-ended "framework" retainer agreements do NOT create an attorney-client relationship

Open-ended "framework" retainer agreements — which give attorneys and clients the option of working together on repeat occasions — do not necessarily create a current attorney-client relationship, a California appeals court...more

Is $1,000 an Hour "Unreasonable?"

The Wall Street Journal recently spotlighted the few (less than 2.9% of the total) lawyers in this country who can command $1,000 or more in hourly rates. The strong implication of the story was that these lawyers were...more

Far reaching changes to Employment Tribunals are imminent

The launch of the “resolving workplace disputes” consultation by the Department for Innovation, Business and Skills (BIS) is described as being the next step in the Governments comprehensive review of employment laws. In...more

OPINION 2010-7

Ohio Judges may use Twitter and "Friend" Lawyers Who Appear Before Them

The disciplinary panel for the Supreme Court of Ohio decided that the state's judges can use Twitter and become friends on Facebook and other social media sites with lawyers who appear before them, but should treat social...more

Conference Review: ALM's Social Media: Risks & Rewards - E-Discovery & Social Media

The third session of ALM's Social Media: Risks and Rewards conference focused on social media's impact on e-discovery, and was presented by Michael Lackey, Jr. a partner at Mayer Brown LLP. Lackey started with an overview...more

JusticeNet Newsletter - October 2010

Monthly Newsletter from JusticeNet detailing the pro bono work it has facilitated for October 2010 between individuals and participating South Australian law firms. In particular a great profile of Gillian Walker, a...more

LawMarketing Newsletter - Social Media Strategies for Lawyers

? Fulbright Report Sees Upswing in Litigation ? Social Media Strategies for Lawyers ? What's Wrong With Your Law Firm Bio? ? 5 Ways To Avoid Referral Mishaps ? People Making News...more