Gandhiji was a trained barrister but could not practice in England as he had to return to India on account of his mother’s death. His attempts at establishing practice in Bombay did not take off, apparently because of his psychological failure to cross-examine witnesses. His practice in Rajkot comprised of drafting petitions for litigants. He then went on to practice law in South Africa where simultaneous with his moderate success as a lawyer, his ideas on the freedom, equality and liberty took birth. Gandhiji is the ‘Father of our Nation’ but his values, for us lawyers, mean a lot more. He was one of us, probably the best among us, someone whose ideals we can aspire but never reach. On his birth anniversary, I want to emphasise on three attributes of Gandhiji which I feel are relevant to us. Resolution Instead Of LitigationIn My Experiments with Truth, Gandhiji writes, “I realised the true function of a lawyer was to unite parties riven asunder.” … [Read more...] about Remembering Gandhiji As A Lawyer On This Gandhi Jayanti
Does California consider membership interests in a limited liability company to be securities? There are two correct answers to this question – yes and no. The California Corporate Securities Law preceded even the idea of limited liability companies. When California’s first LLC law (the Beverly-Killea Act) was adopted, Section 25019 of the Corporations Code was amended to provide that a security included an interest in a limited liability company and any class or series of those interests (including any fractional or other interest in that interest).So, the answer must be yes? Sometimes it will be, but the legislature included a significant exception – a membership interest isn’t a security if “the person claiming this exception can prove that all of the members are actively engaged in the management of the limited liability company.” I’ve always considered this to be an odd exception because it … [Read more...] about Are LLC Interests Securities in California?
Immigration detainees face an uphill battle to avoid deportation, and oftentimes they have to face government lawyers without representation of their own.A Saturday panel that took place during the ABA Annual Meeting explored some of the reasons why so many immigrants are forced to go pro se, and spoke of new programs, initiatives and policies that could alleviate this issue. Amid the backdrop of the escalating border crisis, the panelists—Chief Judge for the U.S. Court of Appeals for the Second Circuit Robert Katzmann, U.S. Department of Justice director of the Executive Office for Immigration Review Juan Osuna, and in-house immigration counsel to the Alameda County Public Defender Office Raha Jorjani with Al Jazeera America reporter Ray Suarez moderating—agreed that providing immigrant detainees with counsel benefits the system as a whole and encouraged the ABA, as well as the immigration bar, to prioritize the representation of detainees.“We know that you are many … [Read more...] about Ensuring immigrant detainees have lawyers also benefits court system, DOJ official says
“[This decision] warrants industrywide reconsideration of how New York law firms should be organized and whether the term partner is an outdated job title that carries more pitfalls than prestige.”Last November, Schnader Harrison Segal & Lewis bankruptcy partner Paul Jasper spoke these words to the New York Law Journal in response to a decision affecting one of his clients.But those words have a powerful importance outside the context of New York, bankruptcy courts or one court’s decision. The question of whether or not lawyers should accept an equity partnership could easily apply throughout the United States. And yet for most lawyers, becoming an equity partner at a large firm is the ultimate dream.Or at least it was.For those lawyers who entered the legal profession 20 to 30 years ago, becoming partner at a major law firm was like entering into marriage. The (admittedly romanticized) notion that held sway back then centered on the view that law firm partners … [Read more...] about Have we reached the end of the partnership model?
Many law grads are breathing a sigh of relief this week after completing the bar exam. An earthquake in Southern California rattled test-takers there on Tuesday morning. One blawgger whose test location was shaken up said he dove under the table for about 20 seconds of the quake, but that not everyone was deterred. “Some people just kept on typing,” he wrote.In New York, bar-exam takers used laptops at their own risk as the New York State Board of Law Examiners issued a policy full of warnings and disclaimers stipulating that test-takers needed to have pens at ready in case their software failed them.But things are tough all over—and always have been. We want to know your bar exam war stories, whether they’re from during your months of prep or test day.Answer in the comments below.Read last week’s question and answers about your favorite legal movies. Our favorite answer from last week:Posted by CB: Lawyer movie: Intolerable Cruelty. The movie is a … [Read more...] about What Are Your Tales From the Bar Exam?