Tuesday, November 24, 2009
Scheduled for Spring
Sunday, November 22, 2009
Moot Court Weekend
Incidentally, the issue I was arguing was whether the Sixth Amendment requires a criminal case to be retried if the defendant's court-appointed attorney falls asleep for a few minutes during the trial.
Wednesday, November 18, 2009
Must Get Well Or Else
Monday, November 16, 2009
Lawyering Takes a Lot of Paper
Saturday, November 14, 2009
Cite Checking
I've been dreading this assignment all semester, but it has turned out to be rather soothing. It's work that I'm good at, and in any case it's not for a grade. That adds up to a sense of certainty and accomplishment that is hard to come by in law school.
Sunday, November 8, 2009
A Head Start on the Bar Exam
An attorney represents the wife in a marriage dissolution proceeding that involves bitterly contested issues of property division and child custody. The husband is represented by another lawyer. After one day of trial, the husband, through his lawyer, made a settlement offer. Because of the husband’s intense dislike for the wife’s attorney, the proposed settlement requires that the attorney agree not to represent the wife in any subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The wife wants to accept the offer, and her attorney believes that the settlement offer made by the husband is better than any award the wife would get if the case went to judgment. Is it proper for the wife’s attorney to agree that she will not represent the wife in any subsequent proceeding?
A. Yes, because the restriction on the attorney is limited to subsequent proceedings in the same matter.
B. Yes, if the attorney believes that it is in the wife’s best interests to accept the proposed settlement.
C. No, because the proposed settlement would restrict the attorney’s right to represent the wife in the future.
D. No, unless the attorney believes that the wife’s interests can be adequately protected by another lawyer in the future.