When the Model Rules of Professional Conduct were drafted to replace the Model Code, the drafters made an important change to a long-held attribute of the lawyer-client relationship. They changed the requirement that a lawyer act zealously on behalf of ...
Read More »Gamble shaped history as Supreme Court judge, Civil War governor
Missouri was as profoundly affected by the Civil War as any state. The 1857 U.S. Supreme Court case of Missouri slave Dred Scott crystallized the struggle over slavery leading up to the Civil War four years later. The secession of ...
Read More »Christmas carol for hard-working lawyers
It was Christmas Eve, but no snow fell. A mere three weeks before, ice and cold had rocked the area, downing power lines, shutting down electricity, leaving people stranded. Since then, the weather had turned unseasonably warm. Stupidly warm, really, ...
Read More »Penny saved still worth only one cent
Last week the U.S. Mint announced it was implementing regulations that would limit the exportation, melting and treatment of pennies and nickels. It seems the prices of copper, nickel and zinc have soared, so it now costs the U.S. Mint ...
Read More »Lawyers need to make time for family
Just recently, I had a client in my office who was talking to us about a legal matter. While I was involved with him in the intake interview, he made a very interesting comment that I thought I would pass ...
Read More »What to do when your client is a louse
Do you ever want to strangle your client? I have had several less-than-desirable clients in my two years as a solo Joe, but a recent appearance in a night municipal court just east of Kansas City takes the cake. My ...
Read More »Truth stranger than fiction in Grisham’s latest book
John Grisham has made a career writing books that often rely on legal situations bordering on the outrageous. In “The Innocent Man: Murder and Injustice in a Small Town,” Grisham’s first foray into the true-crime genre, he has found a ...
Read More »Battles flare again over family leave law
Like squabbling kids, companies and workers have argued over the Family and Medical Leave Act ever since the law was passed in 1993. Business groups have filed legal challenges charging that the rules, which offer employees up to 12 weeks ...
Read More »How do you decide who should decide?
One of the most basic, and most difficult ethical rules to understand and obey, is Model Rule of Professional Conduct 1.2(a). This is the rule that lays out the basic allocation of decisional authority between the lawyer and her client. ...
Read More »Justice shouldn’t waver on attorney-client privilege
Attorney-client privilege is one of the cornerstones of our justice system, but the Department of Justice has spent the past few years chipping away at it with a sledgehammer. After the Enron debacle and other corporate crimes, Deputy Attorney General ...
Read More »When it comes time to terminate a lawyer, make the right moves
Plenty of news stories attest that associates are not satisfied with their lot in life, particularly at large law firms. The current business model of these firms eats ’em up and spits ’em out. This culling process gets inexpensive labor ...
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