January 2012

Malpractice

The Practice: Do You or Your Client Understand the Scope of Representation? (Part I)

Be forewarned: Brian Tannebaum is citing case law here, so if that scares you, stop reading now. There are two things lawyers are doing wrong when it comes to scope of representation, as in, “What is your obligation to this client?” The failure to comprehend this critical concept begins when you are retained, and rears its head again when the representation is over. So let’s talk about the dumbass things you are doing to complicate your life, and how to fix them....

By Brian Tannebaum
Crime

Fraud Alert: When It Comes to Loans, Law Students Really Aren’t That Bright

There comes a time when we've got to stop defending law students when they make incredibly irresponsible financial decisions. Sometimes, we've really got to wonder: how can people be so dense? Simply put, it's because they're law students. Case in point: kids at a D.C. metro-area school recently fell victim to a scam that wasn't perpetrated by their law school, but instead, by an alleged law student whose sob story sounded just like a Sally Struthers commercial....

By Staci Zaretsky
Books

Fun Fact of the Day: Talk Dirty to Me

Prosecutable hate speech in 17th-century Massachusetts included calling people “dogs,” “rogues” and even “queens” (though the last referred to prostitution); magistrates took serious umbrage at being labeled “poopes” (“dolts”). — John McWhorter, the noted linguist, in his New York Times review this past weekend of Speaking American: A History of English in the United States. […]

By David Lat
Antonin Scalia

Breaking: SCOTUS Rules in Highly Anticipated GPS Tracking Case

Yesterday, the Supreme Court just handed down a unanimous ruling in one of the most closely watched cases of the year. All the justices agreed on the result, but diverged significantly in reasoning. The central issue in US v. Jones was whether attaching a GPS device to a car (i.e., allowing law enforcement 24/7 access to a person's movements), without obtaining a warrant first, violated the Fourth Amendment. What did the justices say? The ruling might surprise you....

By Christopher Danzig
Crowell & Moring

Morning Docket: 01.23.12

* Representative Gabrielle Giffords will be resigning from Congress this week to focus on her recovery. Jared Loughner, the man accused of shooting her, is still way too loony to stand trial. [CNN] * Because of this huge law firm, Dotcom’s bubble has officially burst. Hogan Lovells partner Robert S. Bennett has withdrawn from the […]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 01.20.12

* If you don’t allow strip clubs in New Jersey would that leave the state with, you know, any businesses? [WSJ Law Blog] * If Obamacare does nothing else, it just made birth control covered the same as Viagra. If that’s not enough to give Obama a three to one advantage among women, I don’t […]

By Elie Mystal
Canada

The Early Numbers on Law School Applications

Somebody got a hold of a password-protected report from LSAC that discusses the state of law school applications. Do you want to hear the good news? It's too early to know the full scope of this law school application season, but the early numbers suggest that law school applications are going to be down -- way down....

By Elie Mystal
Celebrities

Quote of the Day: Please Stick to Sex Tapes

What reputation? She doesn’t have one. — Legal analyst Joey Jackson, commenting on allegations made in Kim Kardashian’s lawsuit against The Gap. The reality television star claims that an Old Navy commercial featuring a look-alike actress damaged her reputation to the tune of $15-20 million. (A clip of the commercial in question, after the jump.)

By Staci Zaretsky

Fame Brief: Illinois 2L Is Kicked Off the Bachelor, Pranked By Classmates

Still reeling from the producers’ decision to include one Latino contestant four seasons ago, The Bachelor franchise is back in Narnia this season with another all-white cast. Available for fake engagement this season is a sexy, seasoned, Biglaw attorney. Just kidding! Erika Uhlig, 23, is a completely average looking 2L at the University of Illinois College of Law. To precisely no one's shock, a law school classmate of Erika's reports that “she’s a bitch"....

By Marin
Advertising

Kick ’Em When They’re Down

What’s the most sure-fire way to make money in a bad economy? Capitalize on the misery of others. As the Kobra Kai taught us, strike first, strike hard, no mercy, sir! Today’s Legal Sweep the Leg Award goes to Kick’em Out Quick, a “One Stop Shop” for tenant evictions and collections based in Ogden, Utah. Kick’em Out Quick is an online marketing company that strives to drum up eviction numbers for member attorneys who pay for the privilege of bearing the Kick’em Out Quick name....

By Natasha Lydon