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First Amendment Expert Analyzes “Fleeting Expletives” Case

Mitch — Thu, 05 Jan 2012 14:38:34 +0000

On January 10, 2012, the U.S. Supreme Court will hear FCC v. Fox Television Stations, a case disputing a Court of Appeals decision invalidating the Federal Communication Commission’s finding that broadcasts including expletives and nudity were indecent.

At issue is whether the FCC’s current indecency-enforcement regime violates the First or Fifth Amendment.

Paul Smith, a lawyer with the Washington, D.C. office of Jenner and Block who has handled a number of high-profile First Amendment cases, comments on the case.

For more information, see the ABA Division for Public Education’s analysis of the case in Preview, a subscription publication that provides, in advance of oral argument, expert, plain-language analysis of all cases given plenary review by the Supreme Court.

We Have a Duty to Help the Press, says Kessler

Julie — Wed, 23 Nov 2011 01:34:17 +0000

Randall Kessler, who often represents sports and entertainment figures in his Atlanta family law practice, shared his insights on trying high-profile cases during a Nov. 21 webinar exclusively for ABA members.

Kessler says he treats the news media as a potential ally. As a frequent legal news commentator, he said lawyers perform a great service when they talk to reporters and explain the process for the benefit of readers and viewers, rather than “sit back and wait for the press to say something and then complain that the press got it wrong.”

“No Comment” May Put You At a Disadvantage, Says Boies

Mitch — Tue, 22 Nov 2011 21:57:14 +0000

David Boies, one of America’s leading litigators shared his insights on trying high-profile cases during a Nov. 21 webinar exclusively for ABA members. Chairman of Boies, Schiller & Flexner in Armonk, N.Y., his latest clients include National Basketball Association players and the National Football League.

Boies noted, “”It’s not ordinarily possible simply to say ‘no comment’” to the media.

“If you’re not out there countering what your opponent is saying, you’re often going to be in the same position that you would be in court, if only one side could talk,” he added.

Media Coverage of High Profile Cases Can Serve Educational Function, says Lynn

Mitch — Tue, 22 Nov 2011 21:55:39 +0000

U.S. District Judge Barbara Lynn, of Dallas, shared her insights on trying high-profile cases during a Nov. 21 webinar exclusively for ABA members.

“There is a very important educational function that can be served by the press covering judicial proceedings in a way that hopefully brings credit to our system … ,” Lynn said. “With all its flaws, it’s still a remarkable and unique system. Giving the media the information it needs to do a quality job … is a good thing.”

“Snazzing Up” Clients and Witnesses Won’t Fool Jurors, says Turley

Mitch — Tue, 22 Nov 2011 21:54:55 +0000

Legal news commentator Jonathan Turley, a law professor at George Washington University who represents high-profile clients in civil liberties and other cases, shared insights on trying high-profile cases during a Nov. 21 webinar exclusively for ABA members.

On the topic of coaching clients and witnesses, Turley said, “(It’s) not how to snazz them up, how to make them slick, but to make sure they’re believable. “Jurors are very insightful. They know when folks are acting. They know when they’re insincere.”

“I’d rather have a clumsy client than one who seems artificial,” noted Turley.

Top US Attorney Urges Lawyers to Volunteer Legal Services

Mitch — Wed, 26 Oct 2011 16:26:47 +0000

Through observances like Pro Bono Week, lawyers are building a better, brighter future, said U.S. Attorney General Eric Holder at the National Pro Bono Summit on October 24 in Washington, D.C. The summit was organized by the by the American Bar Association’s Standing Committee on Pro Bono and Public Service as an event to open Celebrate Pro Bono Week, held this year October 23-29. Holder said that his office’s Access to Justice Initiative has worked on fifty pro bono cases in the last two years.

Radio News Release: National Estate Planning Awareness Week

Mitch — Fri, 14 Oct 2011 14:29:54 +0000

Announcer: Many of us don’t like to plan ahead. And we certainly don’t like to plan for what will happen after we’re gone. But this is National Estate Planning Awareness Week and the American Bar Association is encouraging you to create or update your estate plan. Jo Ann Engelhardt from the ABA Section of Real Property Trust and Estate Law says it doesn’t matter how old you are or how much money you make:

Jo Ann Engelhardt: If you don’t have a plan, many of your assets–including your life savings–may end up in dispute or subject to the laws in your state. A well-drawn plan reflects your wishes. If you have loved ones with special needs or you’ve been divorced, you can’t leave things to chance.

Announcer: Information about estate planning is available on the ABA website at www.estateplanhelp.org. That’s estate planhelp.org. I’m John Driden.

Visit the ABA’s Estate Planning FAQ

“Autonomy, Access, and Accountability” Sparks Debate at Kentucky Court Crisis Symposium (Part 2)

Mitch — Fri, 23 Sep 2011 13:49:18 +0000

Constitutional experts and top state court judges contemplate constitutional provisions for compelling the legislature to fully fund the judiciary.

While lobbying on behalf of the court system may be one solution to the crisis, the impact of such activity on the integrity of the courts must be considered, warn panelists. One expert cautions that courts judgments should be the “product of reasoned analysis,” rather than decisions based on the politics of pleasing lawmakers with the power to increase court funding.

The 90-minute session, “Court Funding: Autonomy, Access, and Accountability,” is part of a Sept. 23-24 symposium on state court underfunding, sponsored by the Kentucky Law Journal, the American Bar Association and the National Center for State Courts.

Speakers in order of appearance:

Moderator: Jean Toal, Chief Justice, South Carolina Supreme Court
Peggy Quince, former Chief Justice, Florida Supreme Court
David Barron, Harvard Law School
G. Alan Tarr, Center for Constitutional Studies, Rutgers University
Bob Peck, Center for Constitutional Litigation
Christine Durham, Chief Justice, Utah Supreme Court
Peggy Quince, former Chief Justice, Florida Supreme Court

This video is in 2 parts. To view Part 1, click here.

Picking the Right Tax Preparer

Doug — Thu, 24 Mar 2011 16:40:24 +0000

RADIO NEWS RELEASE SCRIPT

ANNOUNCER: WITH THE APRIL 18^TH TAX DEADLINE LOOMING, THE NATION’S LARGEST LAWYERS ORGANIZATION HAS SOME TIPS ON FINDING A TAX PREPARER. THE AMERICAN BAR ASSOCIATION SAYS THAT WHILE MOST ARE HONEST AND REPUTABLE, NOT ALL TAX PREPARERS ARE AFFILIATED WITH PROFESSIONAL ORGANIZATIONS THAT FOLLOW STRICT STANDARDS. CHARLIE EGERTON, CHAIR OF THE ABA SECTION OF TAXATION OFFERS THIS ADVICE:

CHARLIE EGERTON: ”The most important thing to remember is: Your tax return is YOUR responsibility—regardless of who prepares it. Make sure you hire someone who is reputable and has the proper credentials. Avoid preparers who promise refunds; they can’t know your tax situation until they do the work. Know what the charges will be before the work begins. Ask if the amount covers any assistance you may need if the IRS questions your return. Make sure the preparer signs your return, includes a Preparer Tax Identification Number and gives you a copy. NEVER sign a blank return. And make sure the person is available AFTER the return is filed in case you need additional help.”

ANNOUNCER: EGERTON AND THE ABA STRESS THAT ERRORS ON THE RETURN ARE YOUR RESPONSIBILITY – NOT THE PREPARER’S – AND COULD RESULT IN ADDITIONAL TAXES, INTEREST AND POSSIBLY EVEN PENALTIES. THIS IS JOHN DRIDEN.

Powerful Women Reflect on Their Successes

Doug — Wed, 23 Feb 2011 22:58:24 +0000

Women constitute a significant percentage of the lawyers in law firms, corporate legal departments, and government, and have represented approximately 50 percent of law school graduates for more than 25 years. They are positioned to exercise power and influence and effectuate change. But, most women lawyers are not exercising power. A panel of powerful women lawyers discussed how they made it to the top during “Women and Power: Getting Ambitious About Ambition,” a program presented by the ABA Commission on Women in the Profession.

Speakers:

Hilarie Bass, global operating shareholder, Greenberg Traurig, LLP

Anna Fels, doctor and faculty member, New York Presbyterian Hospital

Cathy Hampton, Atlanta city attorney

Leslie M. Turner, general counsel, The Coca-Cola Company

Moderators:

Deborah Epstein Henry, founder & president, Flex-Time Lawyers LLC

Lisa Horowitz, past president, National Association of Women Lawyers, and director of professional development, McDermott Will & Emery