Rhode Island Lawyers Weekly articles from April 2009

Rhode Island Lawyers Weekly archives from April 2009

1st U.S. Circuit Court of Appeals: gender stereotyping basis for bias suit.
April 6, 2009... Byline: David E. Frank Even though no explicitly discriminatory statements were made to a working mother passed over for a job promotion, a recent 1st U.S. Circuit Court of Appeals ruling reiterates that circumstantial evidence is often...

Lawyer can be held liable to non-client, rules Rhode Island Supreme Court.
April 6, 2009... Byline: Thomas E. Egan An attorney who misappropriated funds entrusted to him during real estate closings may be held liable to the mortgage lender despite the lack of an attorney-client relationship with the lender, the Rhode Island...

Commentary: expediting patent prosecution in emerging tech sector.
April 6, 2009... Byline: Chinh H. Pham and Joanna Toke Companies, especially emerging technologies, know the importance of a strong patent portfolio. Not only does it protect and strengthen a company's technology, it can also help the company secure funding...

Commentary: the three C's: counterarguments, concessions, credibility.(legal writing)
April 6, 2009... Byline: Shailini J. George One of the hardest things for us to do as lawyers is to identify weakness in our own arguments. Let's face it: We all like to win. Some lawyers might consider making a concession or a counterargument in a brief...

Rhode Island businesses alerted to impact of new product safety law.
April 6, 2009... Byline: Julia Reischel An obscure new law that is best known for prohibiting lead in toys will affect a majority of businesses in Rhode Island -- including those that have nothing to do with children's products -- in profound ways, say...

Commentary: brevity is not the soul of good client billing.
April 6, 2009... Byline: Edward Poll I recently participated in a Listserv exchange concerning what has become a common issue: A law firm's largest client suddenly demanded a 10 percent rate cut. Without it, the client would stop sending new work to the...

Debtor has no right to cure default after foreclosure sale, rules U.S. Bankruptcy Court.
April 13, 2009... Byline: Thomas E. Egan A debtor who defaulted on a home loan mortgage could not cure the default once the home was sold at a foreclosure sale, a U.S. Bankruptcy Court judge has ruled. The debtor, who filed his Chapter 13 petition two...

Retirement planning: big traps for small law firms.
April 13, 2009... Byline: Sylvia Hsieh and Noah Schaffer Many small-firm lawyers are intimidated by the prospect of planning for retirement. Because establishing a retirement plan for your law firm can be a daunting task, here are some tips and traps from a...

Commentary: less billable time in downturn means more marketing time.
April 13, 2009... Byline: Matthew Prinn The current state of the economy has resulted in less demand for legal services. As service providers, attorneys will inevitably find themselves with fewer billable hours. Below are best practices with which to make...

Oh, what a Web ghostwriters of lawyers blogs can weave.
April 13, 2009... Byline: Justin Rebello For several years now, lawyers have used their blogs for instant marketing and making a name for themselves on the Web. But in the around-the-clock world of the modern attorney, some practitioners believe there...

Commentary: for firm's sake, partners may have to part with cash.
April 13, 2009... Byline: Edward Poll Has your firm asked you to pony up money? Have you faced a capital call recently? Are your partner distributions being reduced? Media reports indicate that several top law firms are asking their partners to increase...

Fee award against government voided by 1st Circuit.
April 20, 2009... Byline: Thomas E. Egan The government could not be ordered to pay the counsel fees for an immigrant who obtained judicial relief after his citizenship application was not acted upon within the 120-day statutory deadline, the 1st U.S....

1st Circuit to decide high-stakes mortgage loan dispute.
April 20, 2009... Byline: Eric T. Berkman The 1st U.S. Circuit Court of Appeals is set to hear arguments in a case that could potentially enable an undetermined number of borrowers to rescind their home-refinancing loan contracts over a technical omission...

Judiciary panel to debate federal summary judgment proposal.
April 20, 2009... Byline: Sylvia Hsieh A proposal that would make major changes to summary judgment motions under Rule 56 of the Federal Rules of Civil Procedure is slated to be debated by a task force of the federal judiciary's Committee on Civil Rules...

Commentary: in legal-mal cases, three-way relationship a tense one.
April 20, 2009... Byline: William C. Saturley and Joseph S. Callanan You've been sued for malpractice. You have lawyer's professional liability, or LPL, insurance. Your insurer retained counsel to defend you. In this second column on the "tripartite...

For sale: lots of law practices; selling them takes know-how.
April 20, 2009... Byline: Sylvia Hsieh Like many attorneys these days, you may be thinking of selling your law practice. Whether the reason is the sagging economy or the retirement of baby boomers, the number of law practices for sale is rising. Small...

Commentary: experience as owners could be boon for small-firm lawyers.
April 20, 2009... Byline: Edward Poll The drumbeat of stories about lawyer and staff terminations at large corporate law firms has some sole and small-firm practitioners scratching their heads. These folks are accustomed to tough competitive conditions and...

Commentary: an online chat with the king of all social media.
April 27, 2009... Byline: David Yas It's either the most wonderful or most dreadful question we get asked these days: "Are you on Facebook?" Yes, even for lawyers, Facebook is very relevant. Most lawyers have come to know the ubiquitous...

Working mother can sue under Family Leave Act, rules U.S. District Court judge.
April 27, 2009... Byline: Thomas E. Egan A company that fired an employee two days after she took time off to care for her sick children could be sued under the Family and Medical Leave Act, a U.S. District Court judge has ruled. The employee claimed...

Online networking: some lawyers sing praises of Twitter and Facebook, while others warn of perils.
April 27, 2009... Byline: Noah Schaffer When Richard D. Vetstein learned the outcome of an insurance case he had mediated for a client, he headed straight for the Web to spread the good news. Vetstein, a lawyer in Worcester, Mass., proudly posted items...

Commentary: how to stay off list of endangered professional species.
April 27, 2009... Byline: Edward Poll Travel agents, stockbrokers, librarians, print journalists these are just a few of the once-respected and efficient professions that are increasingly endangered by recessions and by customers with access to the...