Expert Opinion

Pattis-Norm

Norm Pattis: Judges Put Lawyers On Too Tight A Leash

By Norm Pattis |

Rumor has it that new federal judges are required to read a secret copy of a cult classic among jurists. Although the author of the text is unknown, it's title is known: It's called "The Fear of Lawyering."

Dubois-Mark

Mark Dubois: Innovative Practice Plans May Violate Rules

By Mark Dubois |

I get a lot of calls from lawyers who want to vet some creative (and some boneheaded) business ideas. Sometimes, when I tell them their plan is best avoided unless they want the experience of being my client in the disciplinary dock, they respond with a variation of "Where is the law that says I can't do this?"

Attorney Dan Krisch

Dan Krisch: DCF's Actions Justifiable In Transgender Teen Case

By DAN KRISCH |

I come to praise DCF, not to bury it. A magnet for criticism in the best of times, the state Department of Children and Families has drawn torrents of outrage over the past two weeks for its decision to transfer a 16-year-old transgender youth to an adult prison.

Gideon

Gideon: Appellate Decisions Diminish Stature Of Judges

By GIDEON |

"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate." So wrote Thomas Jefferson in 1774, foreshadowing his more famous quote about the "inherent and inalienable rights" of men, in the Declaration of Independence.

Opinion: Better Oversight Needed For Guardians Ad Litem

By Michelle |

Recently, criticism of the state's guardians ad litem have hit an all-time high. GALs are reportedly withdrawing from their cases left and right, while grievances appear to be mounting. Family court, by definition, is charged with high emotions and children, unfortunately, are at the center of the storm.

Pattis-Norm

Norm Pattis: Client Communications Can Be Burden For Small Firms

By NORM PATTIS |

Words like "reasonable" are what assure that lawyers will never lack for work. We can endlessly debate, litigate and then decide what "reasonable" means without ever coming to agreement. Hence, the never-ending flow of cases involving the Fourth Amendment's prohibition against unreasonable searches and seizure.

Dubois-Mark

Mark Dubois: Don't Try To Muzzle A Client With A Grievance

By Mark Dubois |

I saw an interesting ethics decision out of Kentucky the other day involving an attempt to buy silence in a grievance case. The case was called Kentucky Bar Association vs. Unnamed Attorney. (There are a lot of unnamed attorney cases in Kentucky. This one was Dec. 19, 2013. You can find it on the Google.)

Pattis-Norm

Norm Pattis: The Tax On Taking Cases To Trial

I was in the chambers of a judge I respect a great deal trying to reach a plea bargain in a complex case the other day. Well before trial, he made an offer of a given period of years in a case involving many alleged victims. After a trial in several of the cases, a trial in which my client was convicted, we were trying to settle the case all over again.

Attorney Dan Krisch

Dan Krisch: If That Stuff On Those Walls Could Talk...

By Dan Krisch |

I'm imagining a "Night At My Office." When I was young, I yearned to one day have a workspace like my father's: walls and doors and nearly every other available flat surface decorated to the nines with objects de intelligentsia. But now that I have Henry-fied my office—hardly a square foot of bare wall or door to be found—sometimes I wonder what happens when I turn off the lights and depart for the night: