Nov
18
It’s easy to be critical of Plaintiff class action lawyers: They are the Oakland Raiders of the legal profession They are more successful than the Raiders, though They are “the one percent” of law (or a good part of it) Detractors call them “ambulance chasers on steroids.” They are aggressive...
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Nov
10
With so much being written about the changes afoot in the legal ecosystem, it is a good time to revisit the practical definition of some key terms. Here is a sampling: Chinese Wall: a term applied to a conflict that involves lots of money and the construct by which it...
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Nov
03
Life imitates baseball; that much we can stipulate. So too does law parallel baseball. And what better time to explore that parallel than after a thrilling seven game World Series Let’s Start with Farm Teams Long-time baseball fans–those who predate the designated hitter, multiple teams making the playoffs, and a...
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Oct
29
Rounds: Learning in the round More than a century ago, Dr. William Osler introduced grand rounds to young physicians at Johns Hopkins. Dr. Osler would rotate around the Hopkins rotunda with medical students and young physicians, stopping along the way to examine patients and to discuss their cases. The objective...
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Oct
13
For many years, the legal ecosystem defied change. Law schools had more applicants than they knew what to do with; their graduates entered a welcoming job market; law firms paid ever-escalating salaries and perks to newly-minted lawyers, the most industrious of whom would go on to make partner and punch...
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Oct
06
About 25 years ago I was having drinks with the GC of a F10 company whose business would later send my daughters through school. Over a second drink, as we peered out at the skyscrapers soaring above us–we were on the 42nd floor–he said, “So Mark, do you really think...
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Oct
01
Law is derived from logic and experience. It has rules to govern its application, penalties for its violation, and remedies for those aggrieved. Yet it tends to be slow, unpredictable, unnecessarily complicated at times, and selectively enforced at others. And then there are the paradoxes that make law even more...
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Sep
28
For the record, I have tried many cases during my career but have not done so for several years. But some things–in my case sports statistics, rock lyrics, and trial tactics–persist in the memory. “Alternative Provider” is a term that has become common parlance in the legal world. I eschew...
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Sep
15
Some Things Law Schools Should Teach A blizzard of media coverage on the educational crisis and its unsustainable model concludes that for many students, higher education is no longer such a great deal. This includes law schools. Once a ticket to a secure living–if not wealth for those entering elite...
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Aug
28
The Oxford dictionary defines a lawyer as: “A person who practices or studies law; an attorney or a counselor.” That definition might be expanded to include: (1) licensure; (2) engages in the practice of law; (3) exercises professional judgment; and (4) acts on behalf of client(s). So, let’s go with:...
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