Rules regulating attorneys handling out-of-state matters are often outdated, but a case before the California Supreme Court could update that state's rules

Article Abstract:

Birbrower, Montalbano, Condon & Frank v. Superior Court, pending before the California Supreme Court, concerns the state's practice of accusing any out-of-state attorney who practices here of unauthorized practice of law. The state has not recognized practical exceptions to the general rule that attorneys must hold a license in the state where they practice. The Supreme Court is reviewing an appellate court decision that New York attorneys could not collect their legal fees, because only licensed members of the profession could practice law in the state. At oral argument, the justices seemed to side with the more stringent state interpretation.

Cases, Attorneys, California, Malpractice, Unauthorized practice of law, Legal malpractice

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Twilight of CJRA means unsure future for ADR; the Civil Justice Reform Act is due to end this year; the fate of ADR in federal court is in limbo

Article Abstract:

Many of the controversies related to the original passage of the Civil Justice Reform Act are being revisited as the Act nears its sunset date. Mediation, rather than arbitration, is the more popular choice in most alternative resolution dispute programs. Many of the programs were implemented with the impetus coming from court consumers, not administrators.

United States, Laws, regulations and rules, Dispute resolution (Law), Mediation

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