Cancel Culture

Civility Suffers in Cancel Culture

Civility has a tough row to hoe these days. In our national discourse, on our social media platforms, and even in the legal profession, civility can be fleeting. Instead, pejorative criticism unfettered by courtesy or respect has become the norm….
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attorney regulation

Could Re-Regulation Benefit Lawyers?

Modifying the Model Rules of Professional Conduct that prescribe the business of lawyers could help lawyers as well as consumers. That’s a premise of work being done by task forces across the U.S. As I’ve written before, task forces in…
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regulatory sandboxes

Regulatory Sandboxes for the Legal Industry

Change doesn’t come rapidly in law. That’s a good thing. The rule of law is predicated on predictability and consistency with precedent. However, if the rapid pace of change in technology and globalization leaves law behind and out of the…
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lawyer regulation

Re-regulating Lawyers for the 21st Century

Do lawyer ethics rules prohibit innovation in the delivery of legal services and contribute to the access to justice gap? Yes, according to a task force on lawyer regulation formed last summer by the California State Bar’s Board of Trustees….
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lawyer ethics rules

Are Lawyer Ethics Rules Effective?

One thing that defines the legal profession is that it’s “self-governing.” Lawyers have ethical regulations that bind them together in service to others. But do lawyer ethics rules effectively serve the profession? Do these regulations serve the public? Not as…
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Entity regulation

Would Entity Regulation Improve Consumer Protection?

Why aren’t law firms held accountable for violations of ethics rules that harm consumers?  We often see reports that confidential client information may have been compromised by cyberattacks or security breaches involving inadequately protected data. Who’s responsible? In most U.S….
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#MeToo

The #MeToo Culture Shift in the Legal Profession

As the #MeToo movement maintains its impact across the nation, the legal industry continues to respond. Law firms, law departments, bar associations, and even the judiciary are reviewing sexual harassment policies, examining reporting procedures and structures, and fostering  dialogue meant…
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Lawyer Advertising Rules

Lawyer Advertising Rules: Overhaul Needed

The Model Rules related to lawyer advertising desperately need to be revised.  This was the universal opinion expressed at a public forum at last week’s American Bar Association meeting.  A recurrent theme expressed by the over a dozen speakers was…
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