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Anthony Davis is best described as a lawyer's lawyer. Mr. Davis is a member of the Lawyers for the Profession® practice group and his practice focuses on …

Showing 3 posts by Anthony E. Davis.

What Century Are We Living In? – The Second Circuit Seems To Think It's the Nineteenth

The United States Court of Appeals for the Second Circuit recently held that members of the New York bar residing out-of-state can be constitutionally required to have a physical office within the state, reversing the U.S. District Court for the Northern District of New York's decision finding otherwise. Given the realities of law practice in 2016, how does this make sense? More ›

Is it Time to Reconsider Restrictions on Responding to Negative Online Reviews?

A recent disciplinary decision from Colorado suspending an attorney for 18 months for "internet postings that publicly shamed [a divorcing] couple by disclosing highly sensitive and confidential information gleaned from attorney-client discussions" (among several other violations of Colorado's Rules of Professional Conduct (RPCs)) demonstrates that however provoked and angry a lawyer may feel about clients or former clients, using the Internet to vent those feelings is a very bad idea. In People v. James C. Underhill Jr., (2015 WL 4944102), decided Aug. 12, 2015, the Presiding Disciplinary Judge in Colorado suspended attorney AttorneyU for 18 months, and also required that, in order to be reinstated, "[Attorney U] will bear the burden of proving by clear and convincing evidence that he has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law." More ›

The "Unfinished Business" Rule — Knocked out in New York, not yet in California

In recent years, the bankruptcy trustees of dissolved law firms have sought to claw back post-dissolution profits from the new firms to which the dissolved firms' lawyers have moved as an asset of the dissolved firm's bankruptcy estate. The issue stems from a 1984 California case, Jewel v. Boxer, 156 Cal. App. 3d 171, which the trustees have argued, in an array of cases around the United States, established the "unfinished business rule" with respect to matters that had been commenced but not completed at the dissolved firms. More ›

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