Recently in Law Firm News Category

In September, the Supreme Court agreed to address whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

We say address, rather than decide, because the split opinions the Court issued today don’t quite make for a clear-cut decision that will help DUI defense attorneys.

If you advise clients to dress professionally for court you may want to draw the line at suggesting they wear glasses since that might become the subject of a jury instruction.

Criminal defendant Donnell Harris wore glasses to his second-degree murder trial and the prosecution noticed that it wasn't his typical style. Something about the glasses was so different that they suspected he'd made the change just to trip up witnesses trying to identify him at trial.

Over the defense's objection, the judge issued an instruction to the jury that they could consider Harris's change of appearance as potential evidence of personal feelings of guilt. That instruction then became the basis for an appeal of Harris's conviction.

Who said depositions were no fun? As rapper Lil Wayne's viral deposition videos show us, the typically stoic question-and-answer format can sometimes turn into a rollicking game of cat and mouse.

If you haven't seen the depo videos yet, clear your schedule (at least for a few minutes) because you're in for a treat.

Lil Wayne, whose real name is Dwayne Michael Carter Jr., is suing producer Quincy Jones III over an allegedly "scandalous portrayal" of the rapper in a documentary, gossip website TMZ reports.

Enter Jones' lawyer, Peter Ross.

When his brief was limited to only five pages, Bob Kohn made it a cartoon to save space.

Kohn submitted the brief as part of a suit filed by the Justice Department against Apple and five publishers of E-Books. The complaint alleged price-fixing and three of the publishers settled the case, reports Bloomberg Businessweek.

Kohn isn't a party to the case but he asked the judge if he could submit an amicus brief. The judge agreed but cut Kohn's proposed 25-page brief down to only 5 pages.

To make the page limit, Kohn took some drastic steps.

Guest post by Jennifer K. Halford, Esq.

Attorneys may use social media websites to research jurors as long as they do not have any communication with the juror, the New York City Bar Association recently announced in its ethics opinion 2012-2.

Social media can be a great tool for attorneys. Facebook, Twitter, and other social media sites can reveal information about potential jurors. It can also help you monitor for signs of misconduct during trials.

The key is that no ex parte "communication" can occur as a result of your research. There are some obvious no-no's, like requesting to "friend" a juror on Facebook or chatting or messaging with jurors. But a "communication" has a much broader definition through social media, as the opinion points out.

You can conduct Internet research but you have to make sure that jurors don't know you are doing it. So how does the NY Bar Opinion suggest you check on jurors via social media without violating your ethical duty?

If you work with municipal governments, listen up. The Supreme Court recently heard oral arguments in Filarsky v. Delia, and its pending decision may affect the way you do your job.

The justices were asked to decide whether a private lawyer hired to conduct a municipality's internal affairs investigation is entitled to the same immunity as government employees.

The Court's reception to the premise was mixed.

It seems more American couples are pursuing legal separation agreements these days as they consider divorce. Savvy attorneys may want to take note.

Case in point: Colorado, where 72% of divorcing couples filed legal separation agreements last year, up from 60% in 2007, The Denver Post reports.

The sluggish economy means more couples are seeking separation agreements instead of racking up costs in contentious court battles, the Post suggests. Even in an era of do-it-yourself legal forms, that could mean a lot more work for attorneys.

Despite the possibility being years off, there are already questions about whether Justices Ginsburg and Breyer will retire if President Obama wins a second term in November. Tom Goldstein of SCOTUSblog has even added to the speculation.

He thinks Justice Ginsburg is the more likely candidate, and predicts she'll retire during the second term's third year. He also thinks Kamala Harris, California's Attorney General, is the most likely to replace her.

Will the justices of the Supreme Court need to get ready for their close-up? Cameras may soon be allowed in the nation's highest court, if a bill gains approval.

Last week the Senate Judiciary Committee voted 11-7 in favor of a bill that would televise Supreme Court proceedings. The bill has now been sent to the full Senate for approval.

It has been a contentious issue from the start.

Thinking about ditching your legal career? A little bored with what you've been working on? Perhaps it's time to renew your passion for the law.

Take Heather Peters, for example. She recently opted out of a proposed Honda hybrid class action settlement and took the car manufacturer to small claims court. A California judge awarded her $9,867 -- a windfall in comparison to the $200 and nontransferable new car credit being offered by Honda.

Peters hasn't practiced law in 10 years, but now she's thinking about reactivating her license.