Columnists / OP-ED

Mark Dubois

Jacoby & Meyers Case—Not Only Unsuccessful but Moot, Too

By MARK DUBOIS |

The Second Circuit just put to rest Jacoby & Meyers' lawsuit challenging New York's prohibition in Rule 5.4 on nonlawyer investment in law firms. It's not surprising, as the challenge seemed fatally flawed in some respects

Harry Mazadoorian

On Broadway Now, an Early Arbitration Fan

How ironic it is, in light of Hamilton's support for arbitration, that the final controversy in his life was resolved by a much more permanent and lethal form of dispute resolution.

Mark Dubois

It May Be Wrong, But Is It Unethical?

Readers and colleagues have also reached out to me about allegedly false statements made by James Comey, Rudy Giuliani, Jeff Sessions and others, wondering if there might be some disciplinary consequences. The common thread in all of the discussions is whether lawyers should be held to a higher standard than others when engaging in public speech, and whether the disciplinary process is the proper place to police misconduct of this nature.

Isaac Lidsky, corporate speaker, author, entrepreneur and the only blind person to serve as a law clerk for the U.S. Supreme Court

With ‘Eyes Wide Open,’ Blind Lawyer Recounts SCOTUS Clerkship, Unhappy Law Firm Life

By Tony Mauro |

Isaac Lidsky, who in 2008 became the first blind U.S. Supreme Court law clerk, writes in a new memoir that working for a Big Law firm after his clerkship felt like trading in a “legal joyride” for a job as a corporate chauffeur.

Mark Dubois

There's More to Winding Down Than Turning Off the Lights

There are few institutional supports for aging lawyers. I remember getting calls from senior lawyers when I was chief disciplinary counsel asking me to appoint a trustee to take over their practice and wind it up. I had to explain that trustees are few and far between.

Randy Evans and Shari Klevens, Dentons partners.

Additional Tips for Working With 'Contract' Attorneys

By J. RANDOLPH EVANS and SHARI L. KLEVENS |

Law firms cannot assume that legal malpractice insurers will specifically ask in an insurance application about the law firm’s use of contract attorneys and provide appropriate coverage. Thus, if law firms do not proactively address insurance coverage for contract attorneys, they can leave themselves open to risk.

Mark Dubois

No Lie: Ethics Rules on 'Pretexting' Vary

Sometimes best intentions lead to bad results. There is a celebrated case where a state’s attorney pretended to be a public defender in order to get a barricaded murderer to agree to surrender himself without the loss of his life or others’. Despite feeling bad about it, the court disciplined him. Rules are rules.

Mark Dubois

It's True—All This Craziness Is Good

Like him or hate him (the Republic seems to be evenly split on that issue), you have to admit that President Trump's blunderbuss approach to the presidency has created a huge interest among the governed in what's happening in the government. We've gone from "No Drama Obama" to "Donald the Disruptor."

Mark Dubois

Another Branch of Government Flexes Muscles on Lawyer Regulation

Maybe the thing to do is for each branch of government to send two or three emissaries to neutral ground (Providence? Newport?) where they could hash out who controls what, and which areas, if any, are matters of exclusive, coequal or overlapping authority.

Mark Dubois

'I Am a Lawyer and I'm Here to Help.'

Suddenly, we who understand such concepts as due process, the supremacy clause, and separation of powers get attention at cocktail parties and dinners when asked the inevitable, ‘Can he do that?’ or ‘Is that even legal?’

Mark Dubois

Consumer Protection Dept. Steps Back Into Attorney Regulation

By MARK DUBOIS |

My concern is, with many folks regulating the same thing, lawyers may be whipsawed between differing and competing interpretations of laws, rules and opinions. If I bring my ad to the Grievance Committee and obtain an advisory opinion that it is OK, does Consumer Protection still have power to say that it is not?

Mark Dubois

New Connecticut MCLE Rule May Have Unintended Consequences

Now that we all have to take 12 hours of CLE anyway, my understanding is that disciplinary counsel are no longer interested in imposing any CLE as part of a plea bargain. For all practical purposes, that means the choices are to dismiss the case or impose a reprimand.

Randy Evans and Shari Klevens, Dentons partners.

Break Bad Work Habits and Creating Good Ones in the New Year

By J. Randolph Evans and Shari L. Klevens |

A new year brings with it the opportunity to review the preceding 12 months and improve upon them. It is the time for personal and professional housecleaning and resolutions.

merger

Puffery vs. Lying in Mediation

By Jay H. Sandak |

Both the common law and the Code of Professional Conduct frown upon lying in the context of the negotiation of a settlement of a dispute. However, not every "lie" is actionable. Some lies are OK. If the misstatement is mere "puffing" by the party or counsel, the law will look the other way.