Articles Posted in Law Practice

Lawyers, Passwords, and the Obligation to Keep Clients’ Secrets

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Chapman University, Fowler School of Law, professor Ronald D. Rotunda explains in concrete terms what the ABA's recommendation that attorneys "keep abreast" of "the benefits and risks associated with relevant technology" means: change your passwords into passphrases to keep confidential information secure. Rotunda describes how easy it is to hack simple passwords and cautions lawyers that the ramifications of compromised client information can be significant and far-reaching.

The Helpful Role Lawyers Can Play in Rebuilding American Democracy

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Illinois Law dean and professor Vikram David Amar offers some wisdom he shared during his keynote remarks at the swearing-in ceremony of new lawyers in Springfield, Illinois, describing how lawyers can help build American democracy. Amar comments on the specific duties and responsibilities lawyers swear to uphold, and explains why these duties are critical to the very foundations of our country.

Can Robots Practice Law?

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Chapman University, Fowler School of Law, professor Ronald D. Rotunda comments on the laws regulating the practice of law, and specifically, defining (or not defining) what the practice of law means. Rotunda argues that despite (or because of) the difficulty of defining the practice of law, computers and technology are advancing the practice of law and the work of lawyers.

An Academic Year-End Look at Some Bright Spots and Significant Challenges for Legal Education

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Illinois Law dean Vikram David Amar comments on two important indicators of the health of legal education—employment outcomes and bar passage rates. Amar points out that based on the currently reported data on employment for America’s ABA-accredited law schools, the overall percentage has gone up for the Class of 2016 as compared to the Class of 2015. Amar also argues that law schools should take a deeper look at the factors contributing to low (and in some cases, increasingly low) bar pass rates.

California’s July 2016 Bar Results, and the Bar’s Apparent (and Wrong-Headed) Decision to Stop Providing School-by-School Data

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Illinois Law dean and professor Vikram David Amar comments on the dropping passage rate of the California bar exam, and the bar’s apparent decision to stop providing school-by-school data on passage rates. Amar explains why releasing less—rather than more—data is a poor decision and calls upon the California bar to correct this wrong.

Forcing Lawyers to Perform Pro Bono Services, Part II

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Chapman University, Fowler School of Law, professor Ronald Rotunda addresses a response to his earlier column on mandatory pro bono for lawyers. Rotunda argues that mandatory pro bono for lawyers would be a unique and unwarranted burden, given that the law grants exclusive privileges to other professions, such as dentists to practice dentistry, without requiring them to provide their services to the indigent for free.

A Response to: “Forcing Lawyers to Perform Pro Bono Services”

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Guest columnist Joseph A. Sullivan, special counsel and director of pro bono programs at Pepper Hamilton LLP, responds to Verdict columnist Ronald Rotunda with respect to his opinion on mandatory pro bono for lawyers. Sullivan argues that even if such a requirement to practice law is akin to a tax, as Rotunda posits, it is a just tax, exchanged for the privilege of lawyers to practice law to the exclusion of non-lawyers.

The Scandalous Religious Liberty Project of this Era: Rights to Discriminate, Harass, and Harm at Will

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A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”

Imposing Criminal Punishment by Introducing False Testimony

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Ronald Rotunda, law professor at Chapman University, Fowler School of Law, comments on the latest developments in the criminal proceedings against Sholom Rubashkin—specifically the revelation that federal prosecutors introduced false testimony in pursuit of conviction. Rotunda provides background on the case and describes the misconduct of the prosecution in handling the case.

Forcing Lawyers to Perform Pro Bono Services

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Ronald Rotunda, law professor at Chapman University, Fowler School of Law, responds to the Justice Sonya Sotomayor’s comment that she favors imposing mandatory pro bono work on lawyers. Rotunda argues that while lawyers should engage in pro bono work, making it mandatory would infringe on their liberty to decide how to spend their time and doesn’t adequately account for other ways in which lawyers help their communities.

Increased Controversy Over the Future of American Law Institute

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Chapman University professor Ronald Rotunda comments on the increasingly controversial positions taken by the American Law Institute (ALI), which is one of the most important nongovernmental legal institutions in the United States. Rotunda describes some of the changes in laws proposed in recent editions of the ALI’s highly influential Model Codes and Restatements.

Alcoholics and the Profession of Law

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Chapman University law professor Ronald Rotunda comments on the prevalence of alcoholism among attorneys as compared to those in other professions. Rotunda urges lawyers with alcohol addiction problems and those who know such people to seek help from programs such as Lawyer Assistance Programs, which are available in nearly all U.S. jurisdictions.

Regulating Lawyer Advertising When It Is Not Misleading

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Chapman University law professor Ronald Rotunda discusses a report drafted by the Association of Professional Responsibility Lawyers finding that state regulation of lawyer advertising involves far more rules and complexity than is necessary. Rotunda points out that in light of the purpose of such rules, the report recommends states that have a single rule that prohibits false and misleading communications about a lawyer or the lawyer’s services.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law on the Urbana-Champaign campus. Immediately prior to taking the position at Illinois i... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional law... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Dale E. Fowler School of Law. Before that, he was University Profe... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University, whose... more