Justia editor and attorney Sarah Andropoulos comments on an advisory opinion issued last year by the American Bar Association on the propriety of judges conducting internet research on issues raised by cases pending before them. Andropoulos points out that while the advisory opinion does provide guidance as to when such research is permissible, it is rooted in the nebulous concept of judicial notice, and thus leaves many questions unanswered.
Illinois Law dean and professor Vikram David Amar reflects on the ABA’s process for reaccreditation of American law schools and describes some of the positive and negative aspects of that process. Amar explains that during the reaccreditation site visits, schools have the opportunity to learn from others similarly situated and to showcase their own progress, but there are still some challenges such as consistent application of ABA standards and the attempt to treat of all schools, however different they might be, the same for accreditation purposes.
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.
Attorney and Justia editor Sarah Andropoulos comments on some of the ethical considerations raised by the increasingly popular practice of crowdfunding by lawyers. Andropoulos considers whether attorney crowdfunding presents new ethical risks or simply calls for application of established ethics rules to new technology.
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.
Chapman University law professor Ronald D. Rotunda comments on the American Bar Association’s recently adopted diversity rule for Continuing Legal Education programs. Rotunda critiques the rule as being poorly drafted and failing to promote intellectual diversity.
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.
