A Tale of Two Civilities
The movement for civility in American law led by Chief Justice Warren Burger in the early 1970s was aimed at containing radical legal practice—not, initially, at taming excessively adversarial litigation […]
The Part & Parcel Principle, III: Old Cases and New Tools Vying in Applying Attorney-Client Privilege to Email Attachments
Attorney-client privilege is a perpetually vexing creature of the law. This is perhaps most so in its intricacies, because the value of the privilege lies in its predictability, and yet […]
Trump Style Lawyering: Civility and the Rule of Law
Can lawyers adopt a Trump style of lawyering? No formal rule of professional conduct prohibits incivility in the practice of law, in part because historically an informal mix of professional […]
Representation, Calibrated
More people interact with administrative adjudications than with courts, and the lack of lawyers to assist people in these proceedings remains at crisis levels. Federal agencies have experimented with expanding […]