Behind Closed Doors: Shedding Light on Lawyer Self-Regulation-What Lawyers Do When Nobody\u27s Watching

This Article summarizes Nobody’s Watching. It also examines some of the consequences of failing to enforce ethical rules for lawyer conduct and offers some lessons for future rule development and enforcement. Part III considers some of the academic and practical significance of Nobody’s Watching. The Article concludes by noting that Nobody’s Watching offers academics, lawyers, and regulators a valuable tool to better understand and improve the regulation of the profession

Cracks in the Profession\u27s Monopoly Armor

This article examines the legal profession’s long-held monopoly in the nation’s legal services market in the context of two recent developments. The first development concerns the Conference of Chief Justices’ (CCJ) recent adoption of Resolution 15, “Encouraging Adoption of Rules Regarding Admission of Attorneys Who Are Dependents of Service Members.” Resolution 15 urges state bar authorities to develop and implement rules permitting admission without examination of lawyers who are military dependents. The CCJ’s rule promotes competition by facilitating the movement of lawyers from one geographic market to another. The second development is Washington Supreme Court’s new Admission to Practice Rule (APR) 28, titled “Limited Practice Rule for Limited License Legal Technicians” (LLLT). This rule allows licensed legal technicians (i.e., non-lawyers) to provide limited legal services without the supervision of lawyers. LLLT advocates argue that the new rule will help address the nation’s access to justice crisis. This article concludes that both developments promise to promote competition in the legal services market and enhance consumer welfare

Foreword: The New Era- Quo Vadis?

The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the international legal services market, where an almost irresistible siren promises to lure more lawyers, who will run the risk of crashing on the shoals of an increasingly fragmented regulatory framework. The increase in MJP, especially in a more globalized setting, and the risks attending new technologies highlight the need for a more unified and collaborative approach to professional regulation. The ABA’s creation of the 20/20 Commission represents a timely and significant response by the organized bar to these developments. The profession needs to better educate lawyers about developments involving the globalization of the legal services market and their ethical significance. Education is the key to alerting lawyers to outside regulation by government agencies and others that may threaten traditional values and practices in the delivery of legal services. Simply put, it is in the profession’s self-interest to remain informed of outside regulation that may limit counsel’s effectiveness in representing clients. If the profession fails to rise to the challenges the panelists have highlighted, its inaction may produce unintended consequences, including encouraging others outside the profession to take action that may affect lawyers negatively. For example, the government may enter into an international trade agreement that limits the scope of the attorney-client privilege as it is understood in the United States. Currently, there is legislation in the United States Senate preventing corporations and limited liability companies from engaging in money laundering and the financing of terrorism and includes lawyers within its scope. The Incorporation Transparency and Law Enforcement Assistance Act would, among other things, enable the Treasury Department “to impose suspicious-activity report requirements upon lawyers.” MJP and new technologies are changing traditional notions of how lawyers work and how they are viewed. It is much more common today for lawyers to represent clients whom they have never personally met or to routinely outsource work offshore to lawyers. Lawyers need to be ever mindful of the ethical considerations involved in cross-border practice and the use of new technologies. Devising and implementing new regulatory reforms promises to be difficult and costly. The process will require an ongoing educational effort concerning the increase in MJP and new technologies and their effect on practice. Law schools and the ABA Center for Professional Responsibility should collaborate in taking the lead in these educational endeavors

A 2010 Update: What Every Entertainment Lawyer Needs to Know - How to Avoid Being the Target of a Legal Malpractice Claim or Disciplinary Action

There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The magnitude of the risk is underscored by the prediction that law school graduates “will be the subject of three or more claims of legal malpractice before finishing a career.” This article examines some good practice standards that minimize the risk that a lawyer will become the target of a legal malpractice or disciplinary action. These standards should also reduce the risk of a lawyer becoming the object of a disqualification or Rule 11 motion. This article discusses these standards in the entertainment law context but they also apply to a variety of practice areas

The Changing Landscape of Intercollegiate Athletics—The Need to Revisit the NCAA\u27s No Agent Rule

The National Collegiate Athletic Association (NCAA), the primary governing body for intercollegiate athletics, promulgated its “No Agent Rule” in 1974 prohibiting advisors of student- athletes from communicating and negotiating with professional sports teams. As part of a core principle of amateurism, the NCAA adopted this rule, in part, to delineate between professional athletes and student athletes. However, through economic and societal evolution, this policy is antiquated and detrimental to the personal and professional development of college athletes. This Article argues in favor of expanding the recent Rice Commission’s recommendation, adopted by the NCAA, to grant an exception from the No Agent Rule for Men’s Division I elite basketball players to all college sports and levels of competition. The NCAA’s landscape for governing college athletics has undergone many recent changes, some of which strengthen the notion that all student-athletes would benefit from earlier access to agent advice and assistance. The Changing Landscape of Intercollegiate Athletics—The Need to Revisit the NCAA’s “No Agent Rule” discusses this need by first detailing the evolution of NCAA governance, followed by an analysis of the Gatto decision and its impact on the Rice Commission’s report promoting an exception to the No Agent Rule for Division I Men’s elite basketball players. Finally, this article recommends that because of the changed and ever-evolving landscape of college sports, the NCAA should abandon its No Agent Rule in favor of a Modified Agent Rule (MAR). The MAR would enable all student-athletes to contract with sports agents subject to some NCAA oversight to protect student-athletes from agent abuse and to support the NCAA’s commitment to amateurism. The MAR promises to alleviate some of the stress and challenges that hinder all student- athletes, especially gifted athletes, when assessing how and by what means to enter the professional sports level

Patient-experienced burden of treatment in patients suffering from multimorbidity data:a systematic review of qualitative

To synthesize existing qualitative literature on patient-experienced burden of treatment in multimorbid patients.A literature search identified available qualitative studies on the topic of burden of treatment in multimorbidity and meta-ethnography was applied as method. The authors' original findings were preserved, but also synthesized to new interpretations to investigate the concept of the burden of treatment using the Cumulative Complexity Model.Nine qualitative studies were identified. The majority of the 1367 participants from 34 different countries were multimorbid. The treatment burden components, experienced by patients, were identified for each study. The components financial burden, lack of knowledge, diet and exercise, medication burden and frequent healthcare reminding patients of their health problem were found to attract additional attention from the multimorbid patients. In studies conducted in the US and Australia the financial burden and the time and travel burden were found most straining to patients with deprived socioeconomic status. The burden of treatment was found to be a complex concept consisting of many different components and factors interacting with each other. The size of the burden was associated to the workload of demands (number of conditions, number of medications and health status), the capacity (cognitive, physical and financial resources, educational level, cultural background, age, gender and employment conditions) and the context (structure of healthcare and social support). Patients seem to use strategies such as prioritizing between treatments to diminish the workload and mobilizing and coordinating resources to improve their ability to manage the burden of treatment. They try to routinize and integrate the treatment into their daily lives, which might be a way to maintain the balance between workload and capacity.Healthcare providers need to increase the focus on minimizing multimorbid patients' burden of treatment. Findings in this review suggest that the weight of the burden needs to be established in the individual patient and components of the burden must be identified

Predicting Dry‐Season Flows with a Monthly Rainfall–Runoff Model: Performance for Gauged and Ungauged Catchments

Hydrologic models are useful to understand the effects of climate and land‐use changes on dry‐season flows. In practice, there is often a trade‐off between simplicity and accuracy, especially when resources for catchment management are scarce. Here, we evaluated the performance of a monthly rainfall–runoff model (dynamic water balance model, DWBM) for dry‐season flow prediction under climate and land‐use change. Using different methods with decreasing amounts of catchment information to set the four model parameters, we predicted dry‐season flow for 89 Australian catchments and verified model performance with an independent dataset of 641 catchments in the United States. For the Australian catchments, model performance without catchment information (other than climate forcing) was fair; it increased significantly as the information to infer the four model parameters increased. Regressions to infer model parameters from catchment characteristics did not hold for catchments in the United States, meaning that a new calibration effort was needed to increase model performance there. Recognizing the interest in relative change for practical applications, we also examined how DWBM could be used to simulate a change in dry‐season flow following land‐use change. We compared results with and without calibration data and showed that predictions of changes in dry‐season flow were robust with respect to uncertainty in model parameters. Our analyses confirm that climate is a strong driver of dry‐season flow and that parsimonious models such as DWBM have useful management applications: predicting seasonal flow under various climate forcings when calibration data are available and providing estimates of the relative effect of land use on seasonal flow for ungauged catchments

The match between need and use of health services among healthy under-fives in Denmark:A register-based national cohort study

OBJECTIVES:To study a potential positive association (referred to as 'a match') between the need for health service (expressed by a mortality risk score) and observed health service utilisation among healthy Danish under-fives. Further, municipal differences in the match were examined to motivate focused comparisons between the organisation of regional health services. DESIGN:Register-based national cohort study. PARTICIPANTS:The population of 1,246,599 Danish children born 1997-2016 who survived until date of first discharge to the home after birth without a diagnosis of severe chronic disease. MAIN OUTCOME MEASURES:Hazard ratios (HR) for a doubling of the mortality rate were calculated for the following health services: total contacts, inpatient contacts (admission > 1 day), outpatient contacts, general practitioner contacts, specialist contacts, medication use, and vaccinations. RESULTS:The use of total contacts, inpatient contacts (> 1 day) and general practitioner contacts as well as medication matched with the mortality risk score, HRs between 1.027 (1.026 to 1.028) and 1.111 (1.108 to 1.113), whereas outpatient and specialist contacts as well as vaccinations did not, HRs between 0.913 (0.912 to 0.915) and 0.991 (0.991 to 0.991). There were some remarkable differences among the 98 Danish municipalities. CONCLUSIONS:We found some match between need and use for total contacts, inpatient contacts (> 1 day), contacts with general practitioner, and medication use although the associations were relatively weak. For outpatient and specialist contacts, the mismatch may be related to services not addressing potentially fatal disease whereas for vaccination there was a small mismatch. Our results indicate local discrepancies in diagnosis, and a low adjusted utilisation of hospital admissions in Aarhus compared to the other three major cities in Denmark suggests that a comparison of the organisation of services could be useful

Too much? Mortality and health service utilisation among Danish children 1999-2016:A register-based study

ObjectivesTo describe the temporal development of mortality and health service utilisation defined as in- and outpatient hospital contacts, contacts with general practitioner and specialists, and prescribed dispensed medication among Danish children 0-5 years of age from 1999 to 2016.DesignRegister-based descriptive study.ParticipantsAll children born in Denmark in the period 1994-2016 followed until 5 years of age.Main outcome measuresAnnual incidence rates of mortality and health service utilisation outcomes, and incidence rate ratios compared to the reference calendar year 1999. The new measure of post-discharge mortality is presented.ResultsPost-discharge mortality decreased from 1999 to 2016, IRR2016 = 0.49 (95% CI: 0.36 to 0.66). Total contacts did not change much over time, IRR2016 = 1.02 (1.02 to 1.03), but increased among neonates, IRR2016 = 3.69 (3.63 to 3.75), and decreased among children with chronic disease IRR2016 = 0.94 (0.93 to 0.94). In- and out-patient hospitalisations increased, IRR2016 = 1.26 (1.24-1.27) resp. IRR2016 = 1.62 (1.60-1.63), contacts with medical specialists increased, IRR2016 = 1.43 (1.42 to 1.43), whilst contacts with general practitioner decreased, IRR2016 = 0.91 (0.91 to 0.91). Medication use decreased, IRR2016 = 0.82 (0.82 to 0.82).ConclusionsOur measure of post-discharge mortality was halved during the study period indicating improved health. Overall health service utilisation did not change much, but the type of utilisation changed, and the development over time differed between subgroups defined by age and chronic disease status. Our findings call for considerations about the benefit of increased specialisation and increased use of health services among 'healthy' children not suffering from chronic disease