When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice

What consequences should befall the lawyer who fails to disclose a significant error to his client? In a previous article, I examined the lawyer’s ethical duty to report his own malpractice to his client, a topic that had previously received little attention from courts and commentators, and concluded that the duty is well-grounded in Rules 1.4 and 1.7. Therefore the lawyer who fails to disclose his error to his client is subject to discipline. This Article addresses the client\u27s ability to state an independent claim against the lawyer for failing to disclose his own malpractice -- a topic that has divided the courts -- and argues that clients should be able to assert such a claim, separate and apart from the underlying malpractice claim based on the original error. Specifically, clients should be able to assert an independent breach-of-fiduciary duty claim seeking equitable remedies including fee forfeiture based on the lawyer’s failure to self-report his error. This Article creates a blueprint for courts and practitioners analyzing such a claim

Access to Justice Without Lawyers

This Article examines three ways in which consumers are gaining greater access to the justice system without using lawyers. First, courts around the country have adopted standardized forms in both paper and electronic form for use by pro se litigants and are adopting other technology to improve the experience of self-represented litigants. Similarly, companies such as LegalZoom are using a do-it-yourself approach (a la Turbo Tax) to help consumers obtain a wide variety of legal documents at a relatively low price. Second, New York recently adopted a mandatory pro bono requirement for applicants seeking admission to the bar on or after January 1, 2015, that will mobilize law students across the country to deliver legal services to the poor. Third, and perhaps most radical, Washington State has approved a limited-license practice rule that will permit nonlawyers to engage in limited forms of legal practice, and other states are considering similar proposals. In addition to describing these initiatives that seek to improve access to justice without the use of lawyers, this Article argues that we should embrace such initiatives in light of our current access-to-justice crisis. While all of these approaches have shortcomings — and better ways exist to improve access to justice, starting with significant increases in legal services funding by federal and state governments — the magnitude of our access-to-justice crisis calls for experimentation

Participation in Social Activities among Adolescents with an Autism Spectrum Disorder

Background: Little is known about patterns of participation in social activities among adolescents with an autism spectrum disorder (ASD). The objectives were to report nationally representative (U.S.) estimates of participation in social activities among adolescents with an ASD, to compare these estimates to other groups of adolescents with disabilities, and examine correlates of limited social participation. Methods and Findings: We analyzed data from wave 1 of the National Longitudinal Transition Study 2, a large cohort study of adolescents enrolled in special education. Three comparison groups included adolescents with learning disabilities, mental retardation, and speech/language impairments. Adolescents with an ASD were significantly more likely never to see friends out of school (43.3%), never to get called by friends (54.4%), and never to be invited to social activities (50.4%) when compared with adolescents from all the other groups. Correlates of limited social participation included low family income and having impairments in conversational ability, social communication, and functional cognitive skills. Conclusions: Compared with prior research, our study significantly expands inquiry in this area by broadening the range of social participation indicators examined, increasing the external validity of findings, focusing on the under-studied developmental stage of adolescence, and taking an ecological approach that included many potential correlates of social participation. There were notable differences in social participation by income, a dimension of social context seldo

The DEEP2 Redshift Survey: Lyman Alpha Emitters in the Spectroscopic Database

We present the first results of a search for Lyman-alpha emitters (LAEs) in the DEEP2 spectroscopic database that uses a search technique that is different from but complementary to traditional narrowband imaging surveys. We have visually inspected ~20% of the available DEEP2 spectroscopic data and have found nine high-quality LAEs with clearly asymmetric line profiles and an additional ten objects of lower quality, some of which may also be LAEs. Our survey is most sensitive to LAEs at z=4.4-4.9 and that is indeed where all but one of our high-quality objects are found. We find the number density of our spectroscopically-discovered LAEs to be consistent with those found in narrowband imaging searches. The combined, averaged spectrum of our nine high-quality objects is well fit by a two-component model, with a second, lower-amplitude component redshifted by ~420 km/s with respect to the primary Lyman-alpha line, consistent with large-scale outflows from these objects. We conclude by discussing the advantages and future prospects of blank-sky spectroscopic surveys for high-z LAEs.Comment: Accepted for publication in Ap

The DEEP2 Galaxy Redshift Survey: Mean Ages and Metallicities of Red Field Galaxies at z ~ 0.9 from Stacked Keck/DEIMOS Spectra

As part of the DEEP2 galaxy redshift survey, we analyze absorption line strengths in stacked Keck/DEIMOS spectra of red field galaxies with weak to no emission lines, at redshifts 0.7 <= z <= 1. Comparison with models of stellar population synthesis shows that red galaxies at z ~ 0.9 have mean luminosity-weighted ages of the order of only 1 Gyr and at least solar metallicities. This result cannot be reconciled with a scenario where all stars evolved passively after forming at very high z. Rather, a significant fraction of stars can be no more than 1 Gyr old, which means that star formation continued to at least z ~ 1.2. Furthermore, a comparison of these distant galaxies with a local SDSS sample, using stellar populations synthesis models, shows that the drop in the equivalent width of Hdelta from z ~ 0.9 to 0.1 is less than predicted by passively evolving models. This admits of two interpretations: either each individual galaxy experiences continuing low-level star formation, or the red-sequence galaxy population from z ~ 0.9 to 0.1 is continually being added to by new galaxies with younger stars.Comment: A few typos were corrected and numbers in Table 1 were revise

Scottish Business Monitor, 2024 Q1

This report summarises the key results from our latest Fraser of Allander Institute (FAI) Scottish Business Monitor, published in partnership with Addleshaw Goddard. The survey sampled almost 400 firms in February from across the Scottish economy, examining business performance in the current quarter and the outlook for the year ahead. Early 2024 was a difficult period for business in Scotland. All of our main indicators showed deterioration, with the exception being capital investment – which improved – although remains in negative territory. Businesses are much more positive as they look ahead, and indeed more positive than they were last quarter. Our latest results also show that: - The vast majority of businesses expect economic/ business uncertainty (97%), staff availability (92%), and political uncertainty (90%) to be important or very important over the next three months. These are up considerably for businesses compared to last quarter. - In every category, the proportion of businesses reporting that costs were higher has increased compared to last quarter. The increase in the cost of employing people were the most commonly cited, with 77% reporting that total employee costs were higher and 76% reporting that wage costs were higher. - In this edition, we explored with businesses what they felt should be the top priority for the UK Government after the election. “Deliver long-term economic growth” was by far the most popular option, being selected by 72% of businesses. This was followed by “Tackle Labour and Skills Shortages” at 45% and “Reduce UK business taxes” at 43%

Postsecondary Employment Experiences among Young Adults with an Autism Spectrum Disorder

Objective: We examined postsecondary employment experiences of young adults with an autism spectrum disorder (ASD) and compared these outcomes with those of young adults with different disabilities. Method: Data were from Wave 5 of the National Longitudinal Transition Study 2 (NLTS2), a nationally representative survey of young adults who had received special education services during high school. We examined the prevalence of ever having had—and currently having—a paid job at 21–25 years of age. We analyzed rates of full employment, wages earned, number of jobs held since high school, and job types. Results: About half (53.4%) of young adults with an ASD had ever worked for pay outside the home since leaving high school, the lowest rate among disability groups. Young adults with an ASD earned an average of $8.10 per hour, significantly lower than average wages for young adults in the comparison groups, and held jobs that clustered within fewer occupational types. Odds of ever having had a paid job were higher for those who were older, from higher-income households, and with better conversational abilities or functional skills. Conclusions: Findings of worse employment outcomes for young adults with an ASD suggest this population is experiencing particular difficulty in successfully transitioning into employment. Research is needed to determine strategies for improving outcomes as these young adults transition into adulthood

Synthesis of 3-D coronal-solar wind energetic particle acceleration modules

1. Introduction Acute space radiation hazards pose one of the most serious risks to future human and robotic exploration. Large solar energetic particle (SEP) events are dangerous to astronauts and equipment. The ability to predict when and where large SEPs will occur is necessary in order to mitigate their hazards. The Coronal-Solar Wind Energetic Particle Acceleration (C-SWEPA) modeling effort in the NASA/NSF Space Weather Modeling Collaborative [Schunk, 2014] combines two successful Living With a Star (LWS) (http://lws. gsfc.nasa.gov/) strategic capabilities: the Earth-Moon-Mars Radiation Environment Modules (EMMREM) [Schwadron et al., 2010] that describe energetic particles and their effects, with the Next Generation Model for the Corona and Solar Wind developed by the Predictive Science, Inc. (PSI) group. The goal of the C-SWEPA effort is to develop a coupled model that describes the conditions of the corona, solar wind, coronal mass ejections (CMEs) and associated shocks, particle acceleration, and propagation via physics-based modules. Assessing the threat of SEPs is a difficult problem. The largest SEPs typically arise in conjunction with X class flares and very fast (\u3e1000 km/s) CMEs. These events are usually associated with complex sunspot groups (also known as active regions) that harbor strong, stressed magnetic fields. Highly energetic protons generated in these events travel near the speed of light and can arrive at Earth minutes after the eruptive event. The generation of these particles is, in turn, believed to be primarily associated with the shock wave formed very low in the corona by the passage of the CME (injection of particles from the flare site may also play a role). Whether these particles actually reach Earth (or any other point) depends on their transport in the interplanetary magnetic field and their magnetic connection to the shock