Chief Judge Jonathan Lippman

House Rules: A Warning For In-House Counsel In New York

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That headline woke some of you up, I am sure. But don’t worry — keep reading for the details.

When a judge “requests” that you attend a function, or to represent an indigent client, or to work on a statewide task force, you don’t say no. Not only is it bad form to refuse such a request, accepting the invitation can get you a seat at a table full of people smarter than you, and might just allow you to have an impact on pending judiciary rules.

I met yesterday with a statewide task force on in-house attorney registration and pro bono work. Chief Judge Lippman and Judge Victoria Graffeo of the New York Court of Appeals are spearheading the effort to have all New York in-house counsel, who are not admitted in New York, register with the courts. The State Legislature has gone further and has passed legislation making it a felony to fail to so register. In other words, failure to register can get you a charge of unlicensed practice of law (“UPL”). The following is excerpted from correspondence with Judge Graffeo…

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Morning Docket: 05.29.13

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Just take a compliance class, bro.

* This year, like every year before it, SCOTUS is saving the best cases (read: most controversial) for last. We’ll likely see opinions on voting rights, affirmative action, and gay marriage in June. [WSJ Law Blog]

* We know of at least one Biglaw firm that will be putting its increase in gross revenue to work. Boies Schiller is planning to open its first office outside of the United States in the “near-term.” [Am Law Daily]

* If you’d like to get paid under a terrorism insurance policy for your damages in the Boston bombings, you’ll have to wait; the bombings haven’t been certified as acts of terror yet. [National Law Journal]

* Mandatory pro bono work is now required for bar admission in New York, but it’s still not enough to close the justice gap. Now Chief Judge Lippman wants to give non-lawyers a chance to provide legal services. [New York Law Journal]

* Arizona Law recently made the announcement that interim dean Marc Miller has been instated as the school’s permanent dean. What’s not to like about a “new” dean and new tuition cuts? [UANews]

* As many of our readers know, the job market is rough, but apparently if you take some compliance classes in law school, you’ll magically become employable. Great success! [Corporate Counsel]

* Brooklyn Law, do you remember what your old dorm looked like? It’s different now that it’s been transformed into an apartment complex that’s no longer stained with the tears of law students. [Curbed]

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Morning Docket: 01.22.13

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* “Given health care, I don’t care if he speaks in tongues.” Chief Justice John Roberts botched Barack Obama’s presidential oath at his first inauguration, but this time he managed to get it right. [New York Times]

* What was more important to Justice Sonia Sotomayor than swearing in Joe Biden as VP at noon on Sunday? Signing books at Barnes & Noble in New York City. Not-so wise Latina. [Los Angeles Times]

* D.C. Biglaw firms — like Holland & Knight, Covington, K&L Gates, and Jones Day — allowed others to bask in their prestige at their swanky inauguration parties. [Capital Business / Washington Post]

* It’s been 40 years since SCOTUS made its ruling in Roe v. Wade, and this is what we’ve got to show for it: a deep moral divide over women being able to do what they want with their own bodies. [Huffington Post]

* The latest weapon in the fight against terrorism is the legal system. The Second Circuit recently issued a major blow to those seeking to finance militant attacks in secret. [Thomson Reuters News & Insight]

* “Firms don’t just hire a body anymore.” The 2012 BLS jobs data is in, and if you thought employment in the legal sector was going to magically bounce back to pre-recession levels, you were delusional. [Am Law Daily]

* Three months have come and gone since Hurricane Sandy rocked law firm life as we know it in Manhattan, but firms like Fragomen and Gordon & Rees are still stuck in temporary offices. [New York Law Journal]

* This seems like it may be too good to be true, but it looks like New York’s chief judge may be on board to grant law students bar eligibility after the completion of only two years of law school. [National Law Journal]

* Law professors may soon be in for a nasty surprise when it comes to their salaries if their schools follow Vermont Law’s lead and remove them as salaried employees, paying only on a part-time basis. [Valley News]

* Resorting to a life of crime to pay off your law school debt is never a good thing — unless you’re doing it while wearing a Bucky Badger hat. We’ll have more on these allegations later. [Wisconsin State Journal]

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New York Judges at Opposite Poles Over Tax Treatment of Nude Dancing

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Last month, we discussed an interesting case that was pending before the New York Court of Appeals, the state’s highest court. The question presented: whether an adult entertainment club is entitled to a sales tax exemption for admission and lap dance fees under the theory that these dances qualify as “dramatic or musical arts performances.”

Flying with the speed of boobie tassels attached to a stripper gyrating furiously around a pole, the court handed down its ruling just a few short weeks after oral argument. Here’s what the court held….

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Law School Litigation Update: Will New York’s Chief Judge Be Able To Fix The Legal Academy’s ‘Systemic Failure’?

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Back in July, we brought our readers news of Kurzon LLP’s defamation lawsuit against the Thomas M. Cooley Law School. The suit claimed that the Cooley Law administration had engaged in a “misguided effort” to stem the tide of forthcoming class action suits against it and similarly situated schools by sending out an allegedly defamatory school-wide announcement.

Much has happened since the filing of Kurzon’s defamation complaint: the underlying suit over Cooley’s employment statistics was dismissed (a decision that is now being appealed by Team Strauss/Anziska), the school moved to dismiss Kurzon’s defamation action, and Kurzon’s small New York firm recently filed a motion to amend its suit to add additional causes of action.

But that’s not the only thing that managing partner Jeffrey Kurzon did in what’s being called a “David versus Goliath” litigation. You see, Kurzon decided to write a letter to the chief judge of the state’s highest court, a man who’s been hailed for mandating a first-in-the-nation pro bono requirement for would-be lawyers, asking him to weigh in on the problems law schools are currently facing.

Did we mention that in his letter, Kurzon used Cooley as an example of everything that’s currently wrong with legal education in our country?

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New York’s Pro Bono Requirement Unlikely To Close The ‘Justice Gap’

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In May, Chief Judge Jonathan Lippman of the New York Court of Appeals announced that a new bar admission hurdle would be foisted upon the state’s would-be lawyers in the form of a 50-hour pro bono requirement. Last month, we found out that the new rule was “much better than it could have been,” since it allowed for the mandatory pro bono hours to be completed anywhere and at any time, including during bar admittees’ law school years.

That really doesn’t sound as bad as everyone thought it was going to be. The “justice gap” will be closed, the importance of public interest work will be stressed to new lawyers (even though existing lawyers will continue to maintain only an aspirational call to perform pro bono work), and everyone will hold hands, sing “Kumbaya,” and call it a day. At least that’s how Lippman envisioned it.

But now that everyone’s gotten used to the fact that New York’s pro bono rule is here to stay, some additional analysis has been performed by law schools statewide. Oh, you thought that the state’s “justice gap” was going to just disappear? Yeeeaaahhh, about that….

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New York Announces the Specifics of the New Pro Bono Requirement — and They’re Actually Not That Bad!

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Back in May, Chief Judge Jonathan Lippman of the New York Court of Appeals announced that a new bar admission hurdle would be foisted upon would-be lawyers in the state, in the form of a 50-hour pro bono requirement.

It was at that point that people started losing their minds. Some likened the decree to indentured servitude, while others called it “utterly wrongheaded.” Even law schools were pissed off about the requirement, citing worries that the requirement constituted a “significant barrier to entry” to those who attended law school outside of New York State.

Now, just four months later, Judge Lippman has unveiled the details of his pro bono plan — and, to tell you the truth, they’re really not that bad. What’s in store for future New York bar examinees?

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Stripper Law: A Potpourri of Pleadings From the Pole

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Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.

New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.

Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….

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New York’s New Pro Bono Requirement Succeeds in Pissing Off Law Schools Nationwide

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... a damn about law students.

Back in May, we noted that New York would be implementing a new prerequisite for admission to the state’s bar: all would-be attorneys must complete 50 hours of pro bono work before being allowed to practice in the Empire State.

This initiative was Chief Judge Jonathan Lippman’s latest attempt to mete out justice for all, but it was not well received by all sides. Some have likened the pro bono requirement to indentured servitude; others have thrown up their hands in frustration and called the move “utterly wrongheaded.”

At first, it seemed like only in-state bar examinees and law schools had reason to worry. Now, out-of-state law schools are stepping up to the plate to complain about Lippman’s requirement. Details for the rule’s implementation still haven’t been drafted — in fact, out-of-state schools weren’t even invited when the Chief Judge’s advisory committee last met in July. Law schools and law graduates alike have been kept in an uneasy waiting period while all of the minutiae get worked out.

But for out-of-state law schools, the worst part of this waiting period is the uncertainty about whether this pro bono requirement will come at a cost to students….

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Morning Docket: 08.16.12

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* Dewey have some false expectations of success for this partner settlement agreement? Only one in four affected partners have signed on the dotted line, but advisers think the plan will win bankruptcy court approval. [Am Law Daily]

* “There comes a point where the prospects of substantially increasing your income just outweigh everything else.” Even on his $168K salary, this appellate judge wasn’t rich in New York City, so he quit his job. [New York Law Journal]

* The middle class needs lawyers, and unemployed law school graduates need jobs. The solution for both problems seems pretty obvious, but starting a firm still costs money, no matter how “prudent” you are. [National Law Journal]

* “This is a time when law schools are trying to look carefully at their expenses and not add to them.” New York’s new pro bono initiative may come at a cost for law schools, too. [Thomson Reuters News & Insight]

* Much to Great Britain’s dismay, Ecuador has announced that it will grant political asylum to Julian Assange of WikiLeaks fame. Sucks for Ecuador, because Assange is known to not flush the toilet. [New York Times]

* A smooth criminal gets a break: Michael Jackson’s father dropped a wrongful death suit against Dr. Conrad Murray. It probably would’ve been helpful if his attorneys could actually practice in California. [Washington Post]

* Did Lindsay Lohan’s lawyers plagiarize documents from internet websites in their defamation filings against Pitbull? You can deny it all you want, but his lawyer is out for blood and sanctions. [New York Daily News]

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