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  • November Notes: Attorney Gets SLAPPed with Fees; California Bar Goes Splitsville

    November 20, 2017

    Be Very Sure it’s Defamation Before Suing. A Texas attorney – or former attorney, because he’s now been disbarred – is liable for over $100K in attorney’s fees after unsuccessfully suing a local newspaper…

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  • What if We Just “Certified” Lawyers Instead of Licensing Them?

    November 13, 2017

    Last week, I attended the FTC’s second Occupational Licensing Roundtable in Washington, D.C. The Roundtable – titled “The Effects of Occupational Licensure on Competition, Consumers, and the Workforce: Empirical Research and Results” – consisted of…

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  • LegalTech Startup TikD Sues Florida Bar

    November 9, 2017

    So the same day I ponder the question of ethics opinions and antitrust, a lawsuit gets filed against the Florida Bar – alleging antitrust violations related to, in part, an advisory ethics opinion! This will…

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  • Ethics Opinions and Antitrust

    November 8, 2017

    So a couple of weeks ago I was at the ABA’s Third Annual UPL School in Chicago – a gathering of those bar authorities dedicated to rooting out the unauthorized practice of law. And…

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  • October Notes: The Facebook Post that Cost an In-House Lawyer Her Job

    October 22, 2017

    In-House Lawyer Fired for Intemperate Facebook Post: Expressing a lack of sympathy for shooting victims based on their perceived political leanings isn’t a good look on anyone. So it’s no surprise that CBS lawyer…

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  • Speech Restrictions on Judges

    October 17, 2017

    More on occupational speech restrictions: I’ve come across this recent piece by Texas A&M law prof Lynne Rambo, dealing with First Amendment issues around judicial speech.  Rambo’s article notes that “surprisingly, most of the…

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