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Litigation & Trials

Ethics: The Litigator’s Monopoly

In competing for clients against other professionals, lawyers have an edge for various reasons, including that a law license connotes expertise and integrity and that the attorney-client privilege protects their confidential communications with clients. But in some contexts, a law license gives lawyers more than just a competitive advantage. It grants us a monopoly, because laws regulating the unauthorized practice of law (UPL) forbid non-lawyers from providing legal services.

Litigation & Trials

Marketing: The Firm Brochure

Imagine that a man in a wheelchair comes to your law firm asking for legal help after being catastrophically injured by a negligent bus driver. Or your firm’s litigation partners are gathered around a large gleaming mahogany conference-room table, along with key corporate officers who are trying to decide whether they should hire your firm in a critical intellectual property dispute. Or one of your office’s family lawyers is trying to convince a client with major diversified assets that you are the right firm to handle his anticipated divorce.

Litigation & Trials

Reply Brief: The Circularity of the Fourth Amendment

Congratulations on your brilliant Spring 2014 issue, with its timely focus on privacy. Judge Jeremy Fogel’s thoughtful and scholarly essay “A Reasonable Expectation of Privacy” and Brian Pascal’s scary piece “How Technology Broke Privacy,” in particular, ought to be required reading. Taken together, they demonstrate why the Constitution is an unreliable guardian of privacy in the digital age and why, indeed, its protection is likely to grow weaker and weaker as surveillance technology grows more and more effective.

Litigation & Trials

Reply Brief: Watergate and Robert Bork

Section of Litigation Chair, Don Bivens’s, account of the Watergate panel discussion at the Fall 2013 Leadership Meeting is a good read, particularly when one takes the time (and trouble) to download the video of the program. Exception must be taken, however, to his quoting past-President Chesterfield Smith’s comment that, “when [Nixon] couldn’t get anybody to fire [Archibald] Cox, he eventually got Bob Bork to fire Cox.” That is not true.