A son donates his kidney to his ailing father. The transplant fails due to the alleged negligence of the father’s doctors. Does the son have a claim for medical malpractice?
Read More »Commentary: Fundamental changes that affect your practice
When lawyers enter legal practice, they understand that certain aspects of what they will be doing will change during their careers. There will be new laws and regulations, new court decisions from which to take emerging precedents, and technological advances that will make once-common office tools virtually extinct.
Read More »Commentary: Problem with bankruptcy isn’t attorneys’ fees
In recent months press reports have discussed the Justice Department’s attempt to control fees that bankruptcy lawyers seek.
Read More »Commentary: Lawyers shouldn’t be trapped into playing golf
I’m not a golfer. I don’t like to be hot and I definitely don’t like to exercise. The thought of walking around in 100-degree heat while carrying a bag of metal rods on my back sounds like my idea of torture
Read More »Commentary: The illusion of ‘Big Data’ in analyzing juries
Imagine knowing exactly how a jury would see your case at trial. You’d gaze into your crystal ball, read your tea leaves, and the Ouija board would spell out exactly how jurors would react to your arguments, what they’d do in the deliberation room and what kind of verdict they’d come back with.
Read More »Commentary: ‘Caveat emptor’ is no way to practice
In a recent Wall Street Journal column, writers from the Brookings Institute espouse their philosophy for deregulating the legal profession and lowering costs for buyers of legal services: Let anyone practice law; whether they've gone through law school or not, and allow anyone to own a law firm.
Read More »Commentary: If only conservatives were more like libertarians
Have you ever wondered why conservatives are so opposed to government interference in the marketplace yet so tolerant, even welcoming, of its role in our personal lives? You could say the same about liberals, whose preferences for government involvement run in the opposite direction.
Read More »Commentary: How to get a billboard without paying for it
I was driving to work on a typical Friday morning when my good friend, Bob Wallace, formerly executive vice president and general counsel of the St. Louis Rams, called. Bob wryly asked who I had ticked off this time. Given my profession, I told him there was a never ending line of suspects and asked him why.
Read More »Commentary: Wall Street’s kangaroo court gets a black eye
“Sunlight is said to be the best of disinfectants,” the future Supreme Court Justice Louis Brandeis famously wrote in a 1913 article for Harpers’ Weekly, and now, almost 100 years later, there is evidence that Brandeis was right.
Read More »Commentary: Saying ‘you’re fired’ is the only answer here
Never underestimate the government’s capacity for incompetence when it comes to overseeing large financial institutions. The latest example: an ill-advised consulting contract between Freddie Mac’s outside auditor and the federal agency in charge of running the company.
Read More »Prenuptial agreements: The business plans of marriage
Premarital agreements have become increasingly common. No longer just for the wealthy, they are sought by many couples who wish to achieve a solid financial foundation for their relationship.
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