Thursday, June 17, 2021

If you currently get blog updates by e-mail, you need to read this

For those of you who missed the news, Google has announced changes that will affect your ability to get updates by e-mail after July 1. So if you currently get your blog stories by e-mail, this message is for you.  

I already posted about this a few days ago and what follows is essentially the same message, including information on how to sign up for updates by e-mail from different websites.  If you already signed up with one of the new services, whatever services you picked should be working already and you do not have read any further.  

There is one correction I want to make, though.  In my original message, I said that the updates from "Follow it" would not have ads.  I was wrong about that.  They do, unfortunately; BUT, the ads are at the bottom of the email message which makes them less intrusive.  And with that, here is the full message and instructions on what to do:

So, the bad news is that Google will terminate the system they use now to send updates by e-mail.  The good news is that there are good options to re-subscribe so you don't miss the blog's content.  But, YOU have to subscribe using a new service.  It only takes a few minutes.  I explain how to do it in detail below.  Please take a minute to select a new e-mail delivery service so you don't risk missing content.  Feel free to contact me by e-mail if you need more information.

As you know, there are two main ways in which readers can get updates when I post new stories.  One is to add the blog to a “news aggregator” such as “Feedly” which is the one I use myself to collect the stories from all the blogs I follow.  The changes announced by Google will NOT affect the use of an aggregator.

The other way to keep up with the new stories is to subscribe by email and, unfortunately, the system Google is currently using to manage e-mail subscriptions will be terminated at the end of the month.

So, if you want to continue receiving your updates by e-mail, you will need to sign up using a different service, and below I will describe two options in detail.  

The first option is Blogtrottr.  This is the easiest to set up BUT when you get the e-mail message with the blog stories, there will be a big ad at the top and another at the bottom.  I don't like ads, so this is not my preferred way to subscribe.  If you don't mind the ads, then feel free to sign up for the updates this way.  If you don't want ads, I recommend a service called Follow it.

I prefer Follow-it for two reasons:  it does not have ads and you can set it up as a news aggregator just like Feedly.  So it is both an email subscription service and a news aggregator in one.  Here is what you need to do to sign up.  It only takes a few minutes but there are a few steps.  (I will also explain how to set up Blogtrottr below).

To sign up for email update through Follow it, here is what you need to do:

Go to where you will see this page:

Click on "No, I am a reader..."  This will take you to this page:

Here, type in his blog's address ( in the blank (as shown) and hit Go.  This will bring you to this page:

These are the different options on how to follow the blog.  If you want only one message per day with all the stories published the previous day, choose the first box (maroon) that says "Newspaper" by email.  If you want to use Follow it as a news aggregator, click on the purple box that says "News page."  You can sign up for more than one option.

Once you pick your options click on Follow it, and this will bring you to another page with more options

As you can see, these are optional, so you can decide what to do there.  I did not select any of these.  

Once you are done with all this, you will get a message by email asking you to confirm.  Make sure you do so because otherwise you will not be signed up and won't get the email updates.  If you don't get the message right away, make sure you check your junk or spam folder just in case.

The other option is easier to set up, but, as I said before, the e-mail messages you will get will have ads.  If you don't mind that, here is what you need to do: 

Go to , where you will see this page 

Once there, enter the URL for this blog ( in the first blank on the left (where you see "http://").

Then enter your email address in the blank in the middle.

Then select how you want the updates to be delivered by clicking on the drop down menu on the left, where it says "realtime".  Realtime means you will get a message by email the moment I post something.  This means you will get multiple messages if I publish more than one story on any given day.  Click on the down arrow to see the other options.  If you want only one message per day (if there is new content) pick the daily digest option.

Once you have filled out these blanks, click on "Feed me".  That will take you to this page:

Pick one of the two options (I picked the one that says Feed Type: RSS) and you will then get a message by email asking you to confirm your subscription.  Check your junk or spam folder if you don't see it right away and make sure you follow the instructions to confirm.  You won't get the updates unless you do so.

I hope this message helps you figure out how to re-subscribe so you continue to get the email updates you are used to.  There may be other options out there that I am not aware of too.  These two are the two I know of.  I tried them both and they work well.  I prefer Follow it for the reasons stated above but they both work.  

Please let me know by email or by leaving a comment here if I can help you make the transition.  

Tuesday, June 15, 2021

Podcast with Arizona Supreme Court Justice on the regulatory changes adopted in Arizona

Last August, Arizona became the first state to eliminate the ban on non-lawyer ownership of law firms.  See here, here and here.  This significant change in the state's regulatory structure was suggested by a task force chaired by Arizona Supreme Court Vice Chief Justice Ann A. Scott Timmer.

In a recent podcast Justice Timmer discusses why the task force recommended such sweeping changes, why the court adopted them, the status of their implementation, and the implications for access to justice. You can listen to the podcast by clicking on the play button below or by going here.

Monday, June 14, 2021

New York and Connecticut approve their own versions of Model Rule 8.4(g)

Back in April, I reported that the New York State Bar Association Committee on Standards of Attorney Conduct (“COSAC”) presented a proposed version of Rule 8.4(g) which I thought was much better than the Model Rule originally adopted by the ABA.  See here.

Now, I am reporting that a few days ago, the New York State Bar Association House of Delegates officially voted to adopt the proposed version of Rule 8.4(g).  

In addition, just a day apart, Connecitcut also adopted a version of the rule, originally proposed by the Connecticut Bar Association.  

Connecticut’s version of the rule is more similar to the Model Rule and includes a comment which explains that discrimination “...includes harmful verbal or physical conduct directed at an individual or individuals that manifests bias or prejudice on the basis of one or more of the protected categories.” 

This is a terrible way to describe the type of speech the rule is meant to regulate since it makes no distinction between protected and unprotected speech.  Were it all the comment said, the rule would likely not survive a Constitutional attack, much like the rule in Pennsylvania. See here, here and here.

Fortunately, the drafters of the rule added a statement in the comment that says that the rule is not intended to interfere with conduct protected by the First Amendment.  Hopefully, this will result in the correct interpretation and application of the rule.  

Sunday, June 13, 2021

Texas State Bar is investigating the state's Attorney General for filing frivolous lawsuit in attempt to attack the result of the presidential election

Last week, the AP reported that the Texas State Bar of Texas is investigating the Attorney General Ken Paxton based on the argument that Paxton's attempt to attack the result of the presidential election was both frivolous and unethical.  Law & Crime has more information here.  The Dallas Morning News has more here.  The ABA Journal has more here.

Sunday, June 6, 2021

Recent developments on the law of practicing law remotely

 Over at The Law for Lawyers Today, Karen Rubin has published a short comment on the recent developments on whether it is ethical to practice law remotely.  As she explains, "[i]n New York, the state senate last month unanimously passed a bill that would remove the requirement — dating to 1909 — that New York-licensed lawyers residing outside New York keep a physical office in the state.  And in Florida, the state supreme court gave final approval to an ethics opinion permitting out-of-state lawyers to carry out their practices remotely from Florida."

You can read the full comment here.

Sunday, May 23, 2021

State Accuses Attorneys of Filing ‘Entirely Meritless’ Court Documents to ‘Harass and Discredit’ Prosecutors, Inject ‘a False Narrative in the Public Domain’

Defense attorneys for former Minneapolis police officer Tou Thao recently filed a motion arguing that the Hennepin County Medical Examiner’s report into the death of George Floyd was “coerced” by outside influencers.  The reply by the state affirms that “This is yet another bad-faith attempt by Defendant Thao to debase the State, disqualify members of the prosecution team, and divert attention from his role in the death of George Floyd..."

Law & Crime has details on the story here.

Louisiana Supreme Court Amends Lawyer Advertising Rules

On May 6, 2021, the Louisiana Supreme Court issued an order revising the Louisiana Rules of Professional Conduct provisions governing lawyer advertising. The court’s revisions become effective on January 1, 2022. The Louisiana Legal Ethics blog has a summary of the major changes here:

Florida Supreme Court approves advisory opinion permitting out of-state lawyer to practice federal law remotely from Florida home

The Florida Supreme Court recently approved an Advisory Opinion issued by the Florida Bar’s Standing Committee on the Unlicensed Practice of Law stating that an out-of-state licensed attorney who is working remotely on federal intellectual property rights matters (and not Florida law) from his or her Florida home for an out-of-state law firm and no public presence or profile in Florida as an attorney would not be engaging in the unlicensed practice of law.  The advisory opinion will be filed with the Florida Supreme Court on August 17, 2020.   You can read the opinion here

For more on this story go to the Lawyer Ethics Alert Blog and the Legal Profession blog.

Saturday, May 22, 2021

Supreme Court reviewing cert petition in mandatory bar membership case

In the last couple of years we have seen a number of challenges in different states to mandatory bar membership rules.  I have posted a few stories on the subject here.

Back in June 2020, the US Supreme Court denied review to a case attacking the rule in Wisconsin. The Court had also declined to grant review in cases involving the state bar in North Dakota.

Yet, I just heard that the Court is in the process of deciding whether to review the question based on a constitutional challenge to Oregon’s mandatory bar membership and dues.  

Stay tuned!

Friday, May 21, 2021

New organization in New York (called "Accountability NY") Is A Coalition Of Law Professors And Public-Interest Groups Seeking Professional Consequences For Prosecutorial Misconduct

Long time readers of this blog know that I have complained many times that not enough is done to combat prosecutorial misconduct.  This is the case, in part, because defense lawyers who come across misconduct know that the prosecutors they would have to report are the same prosecutors who they will have to deal with in other cases, and they fear that reporting them to the authorities could come back to "bite them" and their clients later.

So what if the defense lawyers could get other lawyers to present and argue the complaints of misconduct for them?  

This seems to be the idea behind a new group in New York called "Accountability New York."  You can read more about the group in its website or listen to a report below by clicking the "play button."

The organization is beginning its work by filing 21 complaints to New York’s court-appointed grievance committees, which are tasked with investigating attorney wrongdoing.  Two of the complaints relate to a finding last March, by a Queens judge that three men had served 24 years in prison after they had been wrongfully convicted because of misconduct by two prosecutors who had made false statements at trial and who failed to turn over exculpatory evidence.

As a result, Accountability NY has filed professional complaints against those prosecutors and nineteen other current and former prosecutors who have been criticized by judges for misconduct in the past. Some of the group’s complaints seek disbarment. Others recommend suspensions.

You can read more about the organization and the case decided last March here.