Update no. 2: Legal Ethics Hero Greg Adler, and the Bay Area Towing Scam

27 Mar 2011

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My previous posts on this story can be found here and here.

On January 7, 2011, the perpetrators of the scheme were sentenced, and legal ethics hero Greg Adler received some well-deserved commendation.

The elephant in the room, however, remains the conduct of Commissioner Saldivar. Until his involvement in this unfortunate matter is fully investigated, the matter cannot be considered closed.

By: Franco Tarulli Category: Courts, Judges, Judicial conduct, Lawyers Tags: , , , , , , , , , , , , , ,

What constitutes legal authority? Some thoughts on foreign sources of law

27 Mar 2011

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Stephen Gillers at Legal Ethics Forum posted a very interesting note about an excerpt from a talk that United States Supreme Court Justice Samuel Alito gave concerning the citation of philosophy in legal journals.

Justice Alito was critical of the practice. Mr. Gillers rightly asks what the problem is, and concludes, again rightly in my opinion, that there is nothing wrong with it.

I would even go a step further.

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By: Franco Tarulli Category: Courts Tags: , , , , , ,

What Makes a Good Lawyer – 5 Years From Now?

21 Mar 2011

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The Dutch law firm Houltoff Buruma is using a sophisticated computer game to select its new legal recruits. In “The Game”, legal knowledge doesn’t count for much.

What does this say about the future of legal practice?

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By: Franco Tarulli Category: Advocacy, Lawyers Tags: , , , , , , , , , , , , , , , , ,

Reasonable fees: The Norbourg class action

14 Mar 2011

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Canada.com reports that counsel in the Norbourg class action are seeking fees equivalent to approximately 20 percent of their recovery.

While I have never shied away from criticizing excessive legal fees in class action litigation, the fees counsel seek in this matter, at least on the surface, are imminently reasonable.

Typically, the professional fees lawyers require in contingency fee cases hovers around 25 percent, and ramps up to about 35 percent when the matter is set down for trial. Usually, this excludes the lawyers’ out of pocket expenses.

Most often, contingency fee cases involve personal injury files where liability for the accident is admitted – the only real question is the amount to be collected.

Norbourg represents an entirely different kettle of fish.

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By: Franco Tarulli Category: Lawyers, Legal fees Tags: , , , , , , , , , , ,

Pot Bust Goes Awry – Law Prof Threatens to Sue

21 Feb 2011

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Police in the San Francisco suburb of Castro apparently botched a drug raid on a private home on January 11, 2011, breaking in and placing law professor Clark Freshman in handcuffs, over his objections that police had the wrong house.

In fact, the information in support of the warrant indicated that police had cased the home for 2 days, but still provided an inaccurate description of the building they raided.

If that is true, it’s reprehensible.

My concern, however, is with the good professor’s own conduct.

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By: Franco Tarulli Category: Conduct, Lawyers Tags: , , , , , , , , , , , , , , , , , ,
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