ABA Section of Business Law
Business Law Today
Snap Judgments
By Molly Thomas
YouTube, I Tube, LawTube
Part directory, part marketing tool, LegalTube is a recently launched
website that hopes to make introductions between lawyer and potential
client, reports the Connecticut Law Tribune. The site is intended to
mimic that initial conversation for a prospective clientlearning
about the lawyer's personal style, experience, areas of expertise, and
answers to general queries. As opposed to a standard directory where only
certain text information is available, lawyers participating in LegalTube
can not only give virtual tours of their offices, but also give viewers
insight into their firm, their personality, and their background. Most
videos are around two to three minutes in length and LegalTube's search
features allow users to search by practice area as well as by state. In
addition to the video listings, LegalTube also posts episodes of
Birmingham, Alabama, night court proceedings in a series called "Law
After Dark."
Looking for Leaks
Companies nervous about sensitive information sneaking out the door, or,
rather, the e-mail outbox, are taking extra steps to monitor employee
activitysome are hiring staff specifically to monitor outgoing
e-mail, reports the National Law Journal. A study by Proofprint
found that 38 percent of large U.S. employers are scrutinizing outbound
e-mail for leaks of confidential information. That number is up from 29
percent in 2008. E-mails aren't the only communications that have employers
worriedas social networking sites such as Twitter and Facebook have
grown in popularity, so have reprimands and even firings over misuse of
such sites. Eight percent of companies in the Proofprint study reported
firing an employee in the last 12 months over issues initiated via social
networking sites. Seventeen percent reported having disciplined an employee
in the past 12 months over violations of blog or message board company
policies, up from 11 percent last year.
Part-Timer Popularity
According to the Project for Attorney Retention, or PAR, an organization
that promotes a healthy work-life balance for lawyers, the number of
partners working part time has increased drastically since 2006, from 1.6
percent to around 12 percent this year, reports the American Lawyer.
Part-time partners are still generating quite the profit for their firms
though, with many respondents reporting billing between 1,200 and 1,600
hours per year. What might be even more of a surprise is the number of
litigators in the part-time wave. "Back 10 years ago, people said you
can't work part-time as a litigator," said PAR director Cynthia
Calvert. "But that's not true. With litigation, there's more peak and
valley, and you can work intensely sometimes and not others."
Insurance and mergers and acquisitions still don't make up a significant
percentage of lawyers working part time. Large New York firms were mostly
absent from the PAR study, raising the point that had they been included,
the results may not have tipped so heavily toward a burgeoning new
trend.
Sorry Stapling Skills
The New York Law Journal reports that a judge threw out a tort
action in Queens, New York, in part because of a poor stapling job. The
judge wrote, "The poor stapling of the papers was so negligent as to
inflict, and did inflict repeatedly, physical injury to the court personnel
handling them. Such negligence on the part of counsel shows a lack of
consideration." According to a clerk for the judge, the poorly stapled
complaint drew blood twice.
Small Business Reprieve Ends
Smaller businesses, those whose marketing capitalization is less than $75
million, will now have to comply with Section 404, or the auditing
provision of the Sarbanes Oxley corporate reform law, as decided by the
Securities and Exchange Commission recently, reports Reuters. The law was
passed in 2002 after a surfeit of scandals had weakened consumer trust in
capital markets. Although the compliance decision had been delayed multiple
times, as of June 15, 2010, small companies will have to report their
internal controls' effectiveness. They had previously been exempt because
of their disproportionately higher costs of compliance versus larger
firms.
Big Change for Bar Exam?
According to the National Law Journal, several states are
considering one of the biggest changes in bar procedure in recent history:
a uniform bar exam that would nationally standardize qualifications for
lawyers. According to Erica Moeser, the president of the National
Conference of Bar Examiners (NCBE), "roughly 10" states intend to
use the uniform exam by 2011, although which states those might be is not
yet clear. As of yet, New York, California, Illinois, the District of
Columbia, Florida, and Texas have all decided not to participate, and being
the largest legal markets in the nation, their pass on the movement is
significant. Concerns include scoring issues and scheduling conflicts, not
to mention the worry that a uniform exam would discount important concepts
that differ from state to state. The uniform test would consist of three
test components developed by the NCBE the Multistate Bar Exam,
already in use by 22 jurisdictions; the Multistate Essay Exam; and the
Multistate Performance Test. For the test to become truly uniform, score
conformity and portability would have to be established in order for
applicants' scores to be honored by all participating states. Scoring
currently varies between jurisdictions according to scales and question
type. Participating states could still require a state-specific component
of the exam, but the score on that portion would not factor into the
portable score.
Twitter Writ
The United Kingdom's first ever injunction via Twitter was ordered
recently, according to New York Lawyer. The court determined that
the social networking site was the best method to serve to reach an
anonymous person using the same site to impersonate Donal Blaney, the
right-wing blogger and owner of Griffin Law. The next time the user opens
his or her Twitter account, he or she will receive a message from the High
Court with an order to discontinue posting, to clear past messages, and,
via web link form, to identify him or herself to the court. Twitter's
success has been followed by hundreds of impersonators, in particular of
celebrities, a problem that was so common that the site has launched a
program in which a seal of authenticity appears on the pages of
high-profile Twitter users. The implications of this decision get closer to
the heart of the Internet anonymity issue, and Matthew Richardson, the
barrister behind the injunction, saw this as a victory, saying in a
statement, "People have to learn that they can no longer hide behind
the cloak of anonymity the Internet provides and break the law with
impunity." Others were impressed with the highly contemporary nature
of the issue and the fact that the courts were so willing to adapt their
delivery methods. "The law tends to be quite cumbersome and
slow," said Strathclyde University faculty member Dr. Konstantinos
Komaitis, "so to have a court deliberate on something like
Twitterso hot, so relevantit shows quite impressive
engagement."


