Litigation is adversarial. The inherent conflict means that most lawsuits involve parties who don’t like each other, and there’s a natural tendency to refuse to budge on anything. But sometimes, in the midst of this systemic friction, it makes sense…
What is the Practice of Law, Anyway? The Rhode Island Supreme Court Will Soon Tell Us.
Under long-standing rules, only lawyers can practice law by representing other people in legal matters. The only general exception to this rule is that non-lawyer natural persons can represent themselves. Representing yourself in a legal matter is called acting “pro…
Highlights from the Last Federal Bench/Bar Committee Meeting of the Year
One of the most interesting and effective committees of the Rhode Island Bar Association is the Federal Bench/Bar Committee, which meets at the federal courthouse three or four times a year. Chaired by the always prepared Pat Rocha, the meeting is…
More Women Than Men Passed the Rhode Island Bar Exam Last Year. Is Change Finally Afoot?
Every year, the popular legal website Law360 publishes the gender breakdown of attorneys in private practice. The numbers are usually depressing. Law360’s annual 2018 Glass Ceiling Report surveyed more than 300 national law firms on the gender demographics of their…
Only 36 People Passed the Rhode Island Bar Exam in February. Is Rhody the New California?
The bar exam is a perennial discussion topic between licensed attorneys and law students. Most law students dread not passing the bar exam, and California strikes extra fear in the tender hearts of aspiring lawyers. The list of people who…
McDonnell Douglas and Diversity: the First Circuit’s Latest on the Thin Blue Line Between Procedure and Substance
Few legal concepts are more confusing than the rules that federal courts apply when sitting in diversity. Federal courts have limited jurisdiction. Jurisdiction loosely translates as the power to say what the law is and to whom it applies. (Courts…