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Don’t Take Your Dealmaking Tips From DT
It seems Donald Trump got the wrong takeaway from this weekend’s brief government shutdown: This crowing boast of his own negotiating prowess gets things entirely backward. If I had to point to a single…
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The Awful, No Good, Rule 7.2
My last couple posts have referred to Model Rule 7.2, and the ABA Ethics Committee’s inexplicable unwillingness to consign it to the dustbin of history. But while I have complained about this benighted Rule,…
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What SHOULD Attorney Advertising Regulation Look Like?
I posted the other day about the proposed changes to the ABA Model Rules around attorney advertising. If I sounded frustrated about the glacial pace of change, it’s because it should be manifestly obvious…
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Incremental Changes Proposed to ABA Model Advertising Rules
There’s a lot of congratulatory talk going on about the “bold” changes proposed for the ABA model rules relating to attorney advertising. And sure, there are things to like in the proposed changes. The…
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Reject the “Professional Speech” Doctrine?
I’ve written quite a bit about the regulation of professional speech (most recently here), and how this area is curiously under-developed from a First Amendment perspective. The closest thing we’ve seen to the Supreme…
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Lawyers Failing the People
It’s not like our society is getting less bureaucratic, less litigious, less in need of legal guidance. And indeed, as Professor Bill Henderson’s number-crunching shows, the spend on business and government legal services went…
