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Articles 1 - 30 of 51
Full-Text Articles in Law
The Mismeasure Of Success, Alissa Rubin Gomez
The Mismeasure Of Success, Alissa Rubin Gomez
St. John's Law Review
(Excerpt)
Large law firms evolved to serve major corporations by offering them “lawyers who were white males comfortable with the business elite, with wives at home to free up work time . . . .” After decades of advancing these same lawyers, the result has been a widespread belief that the ideal big firm lawyer is one who is committed to professional life at all hours of the day and night, and whose personal life is either nonexistent or handled by someone else. Women at large law firms have been expected to act accordingly. That is, to act like men. …
Professional Responsibility, Legal Malpractice, Cybersecurity, And Cyber-Insurance In The Covid-19 Era, Ethan S. Burger
Professional Responsibility, Legal Malpractice, Cybersecurity, And Cyber-Insurance In The Covid-19 Era, Ethan S. Burger
St. Mary's Journal on Legal Malpractice & Ethics
In response to the COVID-19 outbreak, law firms conformed their activities to the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), and state health authority guidelines by immediately reducing the size of gatherings, encouraging social distancing, and mandating the use of protective gear. These changes necessitated the expansion of law firm remote operations, made possible by the increased adoption of technological tools to coordinate workflow and administrative tasks, communicate with clients, and engage with judicial and governmental bodies.
Law firms’ increased use of these technological tools for carrying out legal and administrative activities has implications …
Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney
Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney
Faculty Scholarship
Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …
What Do Chinese Clients Want?, Ji Li, Wei Zhang
What Do Chinese Clients Want?, Ji Li, Wei Zhang
Research Collection Yong Pung How School Of Law
The world’s two largest economies are locked in an escalating trade war, and caught in the crossfire are hundreds of Chinese multinational companies (MNCs) that have made substantial U.S. investments. Facing heightened legal risks in a less hospitable environment, the Chinese MNCs increasingly depend on local lawyers. Yet, their purchase of U.S. legal service, a topic of both practical and theoretical importance, has received little attention. To fill the gap, this article empirically investigates how Chinese companies in the United States select their U.S. legal counsel. By analyzing a unique dataset, the article finds that Chinese MNC managers uniformly prioritize …
Kline & Specter: A Professional Corporation, Ibraheem Bussey
Kline & Specter: A Professional Corporation, Ibraheem Bussey
Media and Communication Studies Presentations
No abstract provided.
When Does Big Law Work?, Abraham J.B. Cable
When Does Big Law Work?, Abraham J.B. Cable
Marquette Law Review
Law firms have grown from hundreds of lawyers to thousands of lawyers, and the conventional wisdom is that this trend fuels dissatisfaction among lawyers. This Article scrutinizes that conventional wisdom based on interviews with lawyers who joined large firms through law-firm mergers. These lawyers offer a valuable perspective on firm size because they made abrupt changes from small to large firms. Though some interviewees echoed the conventional wisdom, others suggested that larger firm size has limited or even positive effects on professional satisfaction. In one counter-narrative, large law firms are relatively diffuse organizations that have limited influence over individual lawyers. …
Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson
Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson
St. Mary's Journal on Legal Malpractice & Ethics
Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …
To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese
To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese
Maine Law Review
The law is the cornerstone of our society, one of the pillars of civilization, the very “witness … of our moral life.” In the words of former Chief Justice Earl Warren, “[t]he greatest issue before the world today is law.” He continued: “But throughout history, and never more than in our own day, the great question has been whether that law was to be compatible with the basic instinct of all human beings for freedom, for opportunity, for dignity and for peace.” At a time when the challenge to realize this essential congruity has never been more pronounced, the soul …
2017 Oci Employer Forum, Office Of Career Services
2017 Oci Employer Forum, Office Of Career Services
Flyers 2016-2017
No abstract provided.
Retaining Color, Veronica Root
Retaining Color, Veronica Root
Veronica Root
It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have more difficulty retaining attorneys of color — in particular black and Hispanic attorneys …
Economics, Eq, And Finance: The Next Frontier In Legal Education, Pamela Bucy Pierson
Economics, Eq, And Finance: The Next Frontier In Legal Education, Pamela Bucy Pierson
Journal of Legal Education
No abstract provided.
The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry
The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry
Laurel S. Terry
While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …
Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee
Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee
Robert Rhee
This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …
Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney
Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney
Susan S. Fortney
This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.
Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney
Seeking Shelter In The Minefield Of Unintended Consequences - The Traps Of Limited Liability Law Firms, Susan Saab Fortney
Susan S. Fortney
This article addresses the overlooked negative consequences of law firms transitioning from a traditional partnership to a limited liability partnership or company. Part I of this article introduces the topic by providing a brief history of the development of LLCs and LLPs and noting the lack of attention given to the detrimental consequences of such firm structures. Part II reviews the forces behind the limited liability movement and the emergence of limited liability law firms. Part III surveys the statutory approaches to limiting vicarious liability in LLCs and LLPs. Part IV then examines possible internal consequences of attorneys’ practicing as …
Why Lawyers Are Different And Why We Are The Same: Creating Structural Incentives In Large Law Firms To Promote Ethical Behavior - In-House Ethics Counsel, Bill Padding, And In-House Ethics Training, Ronald D. Rotunda
Akron Law Review
In many ways, lawyers are different than other people. In other ways, we are, sadly, so much the same. What we often call “legal ethics” or “professional responsibility” is the law governing the practice of law. This law serves to make us different, but our compliance with it struggles against the fact that we are not born different: we struggle with the same demons as other mortals, and like them, we learn to rationalize our failings. And, when we believe that no one is looking, when we are anonymous, we are more likely to rationalize. The structure of the large, …
Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, Peter W. Rogers
Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, Peter W. Rogers
Northwestern University Law Review
No abstract provided.
The Uncertain Future Of The Unfinished Business Doctrine, Dan Teplin
The Uncertain Future Of The Unfinished Business Doctrine, Dan Teplin
Bankruptcy Research Library
(Exceprt)
It is no secret that the legal industry has experience financial difficulty following the great recession. Many law firms have been less profitable, and in some extreme circumstances, have filed for bankruptcy. The worlds largest law firms are of no exception to this recent phenomenon. The collapses of the mega-firms Dewey & LeBoeuf, Coudert Brothers LLP, Heller Ehrman LLP, Howrey LLP, Thacher Proffitt & Wood LLP, and Thelen LLP are prime examples.
Since most law firms, especially large firms, do not reorganize in bankruptcy, a bankruptcy trustee will often be appointed to administer the firm’s estate. In order to …
Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic
Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic
frank a urbanic
No abstract provided.
Bonus Babies Escape Golden Handcuffs: How Money And Politics Has Transformed The Career Paths Of Supreme Court Law Clerks, Artemus Ward, Christina Dwyer, Kiranjit Gill
Bonus Babies Escape Golden Handcuffs: How Money And Politics Has Transformed The Career Paths Of Supreme Court Law Clerks, Artemus Ward, Christina Dwyer, Kiranjit Gill
Marquette Law Review
Job prospects for former Supreme Court law clerks have radically changed in recent years. Beginning in 1986, skyrocketing law firm signing bonuses caused a transformation from the natural sorting system, where clerks chose among private practice, government, academic, and public interest positions, to a Bonus Baby Regime where former clerks almost always choose to work in private firms after they leave the Court. This development is a result of both financial and ideological factors. While the more conservative clerking corps of recent years has been increasingly drawn to private practice, the firms themselves hire along ideological lines. Still, while former …
Law Firm Legal Research Requirements And The Legal Academy Beyond Carnegie, Patrick Meyer
Law Firm Legal Research Requirements And The Legal Academy Beyond Carnegie, Patrick Meyer
Patrick Meyer
What types of research resources must new hires know how to use, and in which format(s)? To answer this question, this article starts by identifying the historical research deficiencies of new attorneys. The author goes on to summarize four recent and regarded law firm practice skills studies, as well as results of the author's 2010 law firm survey. This article concludes by identifying a three part plan to improve the lacking research skills of new attorneys.
Retaining Color, Veronica Root
Retaining Color, Veronica Root
Journal Articles
It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have more difficulty retaining attorneys of color — in particular black and Hispanic attorneys …
Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee
Specialization In Law And Business: A Proposal For A J.D./'Mbl' Curriculum, Robert J. Rhee
UF Law Faculty Publications
This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …
The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner
The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner
Touro Law Review
No abstract provided.
Rethinking The Law Firm Organizational Form And Capitalization Structure , Edward S. Adams
Rethinking The Law Firm Organizational Form And Capitalization Structure , Edward S. Adams
Missouri Law Review
The goal of this Article is to examine the partnership model and advocate for a change in the Model Rules that would allow for public ownership of law firms, and to make disclosure of firm financials a mandatory requirement for all firms with over 100 lawyers. Part II explores the history and evolution of limited liability and law firm structures in the United States. Part III discusses incorporated law firms and MDPs and how they might benefit U.S. law firms. Part IV looks at the developments in the United Kingdom and Australia and the forces of globalization that have an …
Sequencing And Allocating Attorney Time To Cases, Stuart S. Nagel
Sequencing And Allocating Attorney Time To Cases, Stuart S. Nagel
Pepperdine Law Review
No abstract provided.
Specialization In Law And Business: A Proposal For A J.D./"Mbl" Curriculum, Robert J. Rhee
Specialization In Law And Business: A Proposal For A J.D./"Mbl" Curriculum, Robert J. Rhee
Robert Rhee
This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …
Specialization In Law And Business: A Proposal For A J.D./"Mbl" Curriculum, Robert J. Rhee
Specialization In Law And Business: A Proposal For A J.D./"Mbl" Curriculum, Robert J. Rhee
Faculty Scholarship
This paper provides the specific details of how an interdisciplinary program of law and business can be structured in a three-year J.D. program. The program envisioned is a J.D./”M.B.L.”, which is distinguished from the better known J.D./M.B.A. The “M.B.L.” stands for “masters of business law,” which is simply an idea tag. The moniker can represent a program conferring a supplemental degree in law and business, or simply a specialized course of study to complete a J.D. Either way, the program is an interdisciplinary program of concentrated study in core transaction-oriented law courses and core business courses. The most effective education …
Law Firm Mergers: Finding The Right Fit, Mark E. Pickering
Law Firm Mergers: Finding The Right Fit, Mark E. Pickering
Mark E Pickering
Mergers and acquisitions (M&A) can be an extremely valuable tool to transform organisations and to accelerate growth strategies. However, poorly conceived and implemented acquisitions can result in significant distraction, substantial financial write-offs and, in extreme cases, put the acquirer’s future in jeopardy. Directors play an important role in the M&A decision process and should delve into key components of proposed acquisitions to improve M&A outcomes.
2012 Law Firm Legal Research Requirement Of New Attorneys (Draft), Patrick Meyer
2012 Law Firm Legal Research Requirement Of New Attorneys (Draft), Patrick Meyer
Patrick Meyer
This article summarizes results from the author's 2010 law firm legal research survey, which determined what research functions, and in what formats, law firms require new hires to be proficient. This survey updates the author's 2009 article that is available at this site and which was based on this author's earlier law firm legal research survey. These new survey results confirm that law firms need schools to integrate the teaching of online and print-based research resources and to emphasize cost-effective research. The following federal and state specific print-based resources should be taught in an integrated manner: legislative codes, secondary source …