Wednesday, August 26, 2009
The Wedding Photo Story
Yes, the Albany Lawyer has a wedding photo story. This has been one of my favorite stories for the past six years, and I finally get to tell it. Some details have been changed to protect the innocent and perhaps the guilty too.Back in 2003 there was a wedding. A friend of mine was starting his photography business. The bride was an acquaintance and asked him to help. New to the business, he
Albany Lawyer Ages
I guess it had to happen after I turned 40 a few years ago. I'm really starting to notice the aging process.Examples: We attended an intern's "Kegs on a Deck" party. Some attendees did "keg stands". This is a handstand (supported by others) on top of a keg while drinking from the tap. I did not do a keg stand but I did eat three chili dogs - which is probably worse. They did taste really good
Sunday, August 23, 2009
A Good Lawyer: Why Experience Matters
A conversation with a law student led to something coalescing in my mind about good lawyers. Experience matters when you hire a lawyer. I'm biased, but I think trial experience is critical. Of course it's most important when you need a trial lawyer. Even for other kinds of law, it can still matter. A good lawyer has to understand what happens when something goes to court.When a new case comes in,
Saturday, August 22, 2009
Joel Dykstra
Interesting website I happened upon - it's about a guy from South Dakota who ran for the US Senate: Joel Dykstra. Love the name - we were big Lenny Dykstra fans back in the 90s when he played for the Mets. The two are probably not related, though the name suggests they have Dutch ancestry. Lenny has had some issues recently but we're still rooting for him. Meanwhile, Joel Dykstra is apparently
Tuesday, August 18, 2009
San Bernardino Superior Court
Not sure why, but it seems like a lot of people are searching for the San Bernardino Superior Court. Maybe it's because of the corruption scandal in the Assessor's office: LA Times story. But we think they just write a lot of speeding tickets in the traffic court. Maybe that's a revenue measure?For more info on the topic, see California speeding tickets and California Traffic Courts.
Sunday, August 16, 2009
Attorney Competence, Ethics & the Globalization of Legal Practice
Many business, economic, and legal trends drive attorneys to adopt and expand international perspectives in their practices. These trends simultaneously heighten the ethical mandate that attorneys be competent to serve and advise clients on transnational legal matters.
Global economic integration and worldwide markets; the rampant popularity and ubiquitous nature of online businesses, e-commerce, and social networks; rapid advances in telecommunications and other technologies; and increasingly multinational and globally distributed workforces are just a few of these trends.
Add to these trends the rapidly-evolving and voluminous bodies of international and foreign domestic laws and of influential international soft law. Add to these the number and range of international and foreign legal regimes and the development of the rule of law worldwide.
These trends mean that virtually every legal practitioner has been or will be asked to represent clients on matters involving or impacted by international or foreign domestic law or both. These trends drive an urgent need for attorneys to ensure that they competently handle transnational legal matters in accordance with their ethical obligations.
The state and other Rules of Professional Conduct that govern attorney ethics require that, for each transnational legal matter, attorneys must ensure that they have or can obtain the requisite international legal education and skills and that they exhibit the thoroughness and preparation reasonably necessary to the matter. See, e.g., American Bar Association Model Rule of Professional Conduct 1.1 and comments.
Whether attorneys act reasonably in a particular transnational legal matter depends upon a comparison to the broader community of reasonably prudent and competent international legal practitioners. See Rule 1.0(h); Rule 1.1 & comment 5. Among the broader required areas of competence are international law, foreign domestic law, conflict of laws, and comparative international law.
Association with competent international attorneys and partnering with foreign attorneys are among the avenues to ethical competence in transnational legal matters available to practitioners.
Look for more posts here on the subject of attorney competence and compliance with legal ethics rules in international practice. My article on this important subject is pending publication in the Idaho State Bar journal, The Advocate, in October.
To request more information, please post a comment here.
Global economic integration and worldwide markets; the rampant popularity and ubiquitous nature of online businesses, e-commerce, and social networks; rapid advances in telecommunications and other technologies; and increasingly multinational and globally distributed workforces are just a few of these trends.
Add to these trends the rapidly-evolving and voluminous bodies of international and foreign domestic laws and of influential international soft law. Add to these the number and range of international and foreign legal regimes and the development of the rule of law worldwide.
These trends mean that virtually every legal practitioner has been or will be asked to represent clients on matters involving or impacted by international or foreign domestic law or both. These trends drive an urgent need for attorneys to ensure that they competently handle transnational legal matters in accordance with their ethical obligations.
The state and other Rules of Professional Conduct that govern attorney ethics require that, for each transnational legal matter, attorneys must ensure that they have or can obtain the requisite international legal education and skills and that they exhibit the thoroughness and preparation reasonably necessary to the matter. See, e.g., American Bar Association Model Rule of Professional Conduct 1.1 and comments.
Whether attorneys act reasonably in a particular transnational legal matter depends upon a comparison to the broader community of reasonably prudent and competent international legal practitioners. See Rule 1.0(h); Rule 1.1 & comment 5. Among the broader required areas of competence are international law, foreign domestic law, conflict of laws, and comparative international law.
Association with competent international attorneys and partnering with foreign attorneys are among the avenues to ethical competence in transnational legal matters available to practitioners.
Look for more posts here on the subject of attorney competence and compliance with legal ethics rules in international practice. My article on this important subject is pending publication in the Idaho State Bar journal, The Advocate, in October.
To request more information, please post a comment here.
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