THE POINT This series is about the how the legal system’s subjective and arbitrary character constrains your lawyer from answering “yes” or “no”. This post addresses the situation where lower courts disagree with each other’s rulings — and a higher court will need to step in to resolve their differing…
THE POINT In February of this year the American Bar Association took action that illustrates how attorneys’ views of their “ethics” rules can have the effect of shutting down innovation in the delivery of legal services, thereby protecting their incomes from unwanted competition. DISCUSSION It’s impossible to prove what someone…
The Point The chief clinical officer of a 51-hospital system: “We are now leveraging telehealth technology in ways that will last long after this pandemic.” “The severity and suddenness of the Covid-19 emergency have hastened changes in how we deliver care.” “Things we’ve been trying to accomplish for years all…
THE POINT It’s been governors and other government executives who’ve responded to COVID-19 — over protests from physicians and their medical societies — by removing the red tape of doctors’ protectionist rules to speed healthcare to those who urgently need it. DISCUSSION In the midst of a pandemic, we need…
THE POINT Wall Street Journal, Saturday / Sunday, April 11-12, 2020, commenting on New York State’s response to COVID-19’s demands on its healthcare system: ” … New York’s biggest force multiplier has been regulatory relief.” DISCUSSION I invite your attention to my recent series: “‘Ethics’ Rules Shape the Legal Services…
THE POINT 1. Law firms and in-house law departments are “lawyer-centric” in managing their own workflows. They “reward the ‘exceptional, do-it-all-and-charge-for-it’ approach” that relies almost exclusively on attorneys’ skill sets. 2. As a consequence, law firms and in-house law departments “fail to determine the best skill set for most efficiently…
See update below about 3M lawsuit against a re-seller of its N-95 masks alleging “price-gouging” filed April 10, 2020.* THE POINT 1. Conventional law firms design waste into their work — charging by the hour, over-staffing, assigning inexperienced attorneys alongside qualified ones, and avoiding substantial technology adoption. 2. In-house counsel…
THE POINT 1. Bar authorities and courts too often take extreme, over-literal views of the professional “ethics” rules that shape the legal services market. 2. Unsurprisingly, their interpretations frequently just protect attorneys from unwanted competition — not protecting clients from fraud or abuse. DISCUSSION As a lawyer, I take a…
THE POINT 1. LegalMatch.com is a legitimate, constructive solution to a legal need faced by the public that the legal profession seeks to shut down on “ethical” grounds”. 2. Legal “ethics” should be a shield to protect clients from fraud or abuse, not a sword for the legal profession to…
THE POINT 1. TIKD was a legitimate, constructive solution to a legal need faced by the public that the legal profession seeks to shut down on “ethical” grounds. 2. Legal “ethics” should be a shield to protect clients from fraud or abuse, not a sword for the legal profession to…