attorney

The rule of law in Michigan

By on

Should a state legislative body be insulated from judicial scrutiny of its “internal” processes? Is ignoring actual vote counts, and simply declaring something to have “immediate effect” sufficient to make it so in the state of Michigan? What is the relationship between the three branches of government?

Revisiting copyright claims against Westlaw and LexisNexis: Does selling access to court-filed attorney briefs violate copyright law?

By on

Edward L. White, a Oklahoma City, Okla., lawyer, and Kenneth Elan, claim WestLaw and LexisNexis have engaged in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them”–namely publicly filed briefs, motions and other legal documents.

Will legal software replace lawyers?

By in the Spring of 2011

Software won’t replace lawyers, but it will reduce the demand for certain routine legal services and raise the complexity of litigation. Those without the software will be at a disadvantage. It will also cut into the work of paralegals. But not lawyers.

Law school vs. graduate school

By in the Spring of 2009

Last May I finished my 3L year, and am now the proud possessor of a JD. On Thursday I began my first year program as a graduate student in the history of science. The experiences, perhaps unsurprisingly, have been strikingly different: law school is, ultimately, preparatory to practicing law as an attorney, and much of its emphasis is on tracking students in that direction. Graduate school in the humanities and social sciences, meanwhile, is about training future academics.

Lawyers should leave their laptops at home when traveling abroad

By in the Spring of 2009

There has always been an exception to search and seizure law at border crossings. In theory, this is nothing new — attorneys traveling with confidential paper files could also have them searched. But the ease of carrying vast numbers of confidential documents in electronic form raises the bar on this.

Is virtual lawyering the future?

By in the Spring of 2009

An interesting paragraph from an article dealing with the idea of “Good Enough” — services or products that may not have all the “bells and whistles” of their more-expensive competitors, but do enough at the right price to be runaway successes:

It turns out to be a remarkably efficient way of offering what Granat calls legal transaction services — tasks that are document intensive. For everything from wills to adoptions to shareholder agreements, elawyering has numerous advantages.

Law blogging and attorney advertising: Stern v. Bluestone

By on

The New York State Court of Appeals, in Stern v. Bluestone, 2009 NY Slip Op 04740 (2009), overturned a lower court ruling that ruled that a faxed newsletter dealing with attorney malpractice issues – the same area in which the author of the newsletter practiced. Lower courts thought this newsletter constituted advertising, and thus ran into rules about attorney advertising. The Court of Appeals disagreed.