Commentary

Prospering in the 'New Normal'

J. Mark Santiago | June 15, 2018

Raising Costs and Declining Demand are Sapping Profits

The “New Normal” of today is one in which raising operating costs, associate salary increases, and reduced realization rates coupled with AFAs and demands from corporate counsel for reduced rates are sapping firm profits and there is no relief on the horizon. Law firm leaders, seeing current conditions, should be asking if there is a better way.

Commentary

Closing Argument: Time to Stop Ignoring the State's Eviction Crisis

Connecticut Editorial Board | June 14, 2018

Lawyers can do much to prevent or mitigate the poverty-causing effects of evictions, and we must do more to address this growing crisis.

Commentary

Alarming Increase in Suicide Rate Needs to Be Addressed Everywhere

Mark L.. Dubois | June 13, 2018

Suicide in the United States has been on the rise, going up 25 percent since 1999.

Commentary

Golden State Killer Case Raises Legal, Ethical DNA Issues

Connecticut Editorial Board | June 08, 2018

We urge lawyers and bar associations to take the lead in giving guidance to practitioners and clients about the issues raised by this new forensic technology.

Commentary

Not Dead Yet: When Is It Time to Hang Up the Robe?

Mark L. Dubois | June 08, 2018

I’m glad I’m not a judge and can choose when to stop. For now, balancing the sacred and the profane, with a dose of public service on the side, seems to be working.

Commentary

Napping While Black: Policing Northern Color Lines in the Modern Day

Connecticut Editorial Board | June 08, 2018

Recent incidents have revealed ways white people—often specifically white women—are still using the law to maintain white dominance in the northern states.

Commentary

This is an Awesome Time to be a Big Law Associate—Not!

Vivia Chen | June 05, 2018

Too much upbeat news makes The Careerist skittish. And there's plenty out there right now for young lawyers.

Commentary

What Clients Really Want From Outside Counsel

Lean Adviser Legal | May 31, 2018

It doesn't take a magic formula or a lengthy pitch to impress clients, just master these five fundamentals.

Commentary

Excelsior: Fondly Remembering the Late Tom Ullmann

Connecticut Editorial Board | May 25, 2018

The members of the editorial board were shocked and deeply saddened to hear that a beloved member, Thomas J. Ullmann, died in a hiking accident on April 13, 2018, in the Adirondack Mountains in upstate New York.

Commentary

State Legislature Finally Passes Revised Uniform Arbitration Act

Connecticut Editorial Board | May 15, 2018

With the increasing use of arbitration as a means of resolving disputes throughout the state and at the federal level, this is a positive step toward revising and modernizing arbitration procedures.

Commentary

For Kennedy Cousin Skakel, a Gold-Plated Standard for Ineffective Assistance of Counsel

Jenna Greene | May 07, 2018

As the saying goes, if your lawyer has a pulse, it’s not ineffective assistance of counsel. Unless you’re Kennedy cousin Michael Skakel, who just had his conviction for murdering Martha Moxley in 1975 overturned.

Commentary

Viewpoint: Connecticut's Gun Seizure Law Can Serve as National Model

Connecticut Law Tribune Editorial Board | April 27, 2018

Connecticut was the first state in the nation to pass a law to allow police to obtain a court order to seize guns from anyone who presents an imminent risk of harming himself or someone else.

Best Practices Commentary

As Medical Technologies Reduce Errors, Malpractice Attorneys Must Stay Informed

Shaun Patrick Willis | April 26, 2018

It is imperative that we not only understand the elements necessary to prosecute or defend a claim of medical malpractice, but that we are also able to identify and apply the specific facts of a case to those elements, proving that each one exists.

Commentary

State's Teen Criminal Cases Belong in Juvenile Court

Connecticut Law Tribune Editorial Board | April 20, 2018

At 14, children cannot drive, buy alcohol or cigarettes, cannot vote and cannot be employed by grocery stores. They certainly shouldn’t be exposed to lifelong adult felony convictions.

Commentary

After the Driverless Fatality, Insurance and Litigation Will Be Forever Changed

Randy Maniloff | April 10, 2018

Unlike an inconsequential glitch with your office computer, in the case of driverless cars it's control, alt and someone’s life is deleted.

Commentary

Salary Options Limited for Retired Teachers Returning to Work

Connecticut Law Tribune Editorial Board | April 06, 2018

Those who have retired from a public school position may only be re-employed in a public school at a salary of no more than 45 percent of the maximum salary level for the position.

Commentary

MCLEs in Connecticut: Better Late Than Never

Connecticut Editorial Board | March 30, 2018

The Superior Court Rules Committee adopted MCLE in June 2016 to be effective Jan. 1, 2017, and its implementation in the intervening year has demonstrated unequivocally that the fear of—and opposition to—MCLE was completely unwarranted.

Commentary

Quinn Emanuel Partner Suffers From Depression and He Wants Everyone to Know

Joseph Milowic III | March 28, 2018

Struggling to find meaning in your work? Lacking motivation? Thinking about quitting? Please read this first.

Commentary

Symptoms of Depression

Colin Jamron | March 28, 2018

Depression is a mental condition that affects millions of Americans each year. According to the National Institute of Mental Health, over 16 million Americans have suffered at least one major depressive episode in 2016.

Commentary

Critical Mass: Remington Bankruptcy Could Delay Sandy Hook Suit. Plus, Ex-Students Take Shuttered Law School to Court

Amanda Bronstad | March 27, 2018

Remington Outdoor's Chapter 11 bankruptcy could hold up a case brought by 10 families of victims of the 2012 shooting at Sandy Hook Elementary School, even if the Connecticut Supreme Court rules in their favor.

Commentary

Knowledge of Safe Havens Act Crucial for Mothers in Desperation

Connecticut Law Tribune Editorial Board | March 23, 2018

Recently we read about another desperate young woman who was pregnant, abandoned by the male who impregnated her, who abandoned her baby after giving birth in secret and under dangerous circumstances.

Commentary

An Anachronism Is Lurking in Connecticut General Statutes

Connecticut Law Tribune Editorial Board | March 23, 2018

We call on the Judiciary Committee of the General Assembly to propose to the Legislature either the elimination of the statutes dealing with attorney admission and discipline or update the provisions so they mirror what is currently provided for in the Practice Book.

Commentary

Ted Olson to Donald Trump: Thanks, But No Thanks

Jenna Greene | March 21, 2018

No, Gibson Dunn's Ted Olson won't be representing POTUS. But what's really shocking is how hard it's become for Trump to attract any prominent, establishment attorney.

Commentary

Shocking Testimony About Aetna: Lessons for Health Care Counsel

Yussuf Aleem and Ryan Morris | March 20, 2018

Based on our experience and the country’s judicial record, many health insurers throughout the country do not appear to follow proper claims procedures when making decisions concerning medical services.

Commentary

Reversal of Bite-Mark Murder Conviction Mandates Hard Look at Forensic Evidence

Connecticut Law Tribune Editorial Board | March 16, 2018

Courts may not be able to foresee how science will change, but they can—and should—limit forensic experts from overstating the probative value of their opinions.

Commentary

Secret Settlements Can Conflict With Rules of Legal Ethics

Connecticut Law Tribune Editorial Board | March 09, 2018

What was the dam that’s been holding back this flood of long-hidden sexual misconduct? Often, it’s lawyer-drafted confidentiality agreements.

Commentary

Challenging Premise That McDonald Should Have Recused in ‘Santiago’

Wesley Horton | March 06, 2018

Andrew McDonald is a centrist justice with whom all legislators should be very comfortable.

Commentary

Examining Judiciary Committee's Examination of Justice Andrew McDonald

Connecticut Editorial Board | March 06, 2018

The nomination of Justice Andrew McDonald to become our state Supreme Court’s next chief justice has caused quite the legislative stir.

Commentary

Standing Up for Another Appropriate Supreme Court Appointment

Connecticut Editorial Board | March 06, 2018

An independent judiciary is paramount to a free society. We call on our legislators, once again, to approve the nomination of Justice Andrew McDonald because he is qualified to do the job as chief justice. That's really the only relevant question.

Commentary

Encouragement and Aspirations for the #LegalAidDefenders

Connecticut Editorial Board | March 02, 2018

Within the swirl of political activity of 2017 lay yet another attack on the Legal Services Corp., the federal agency that serves as the single largest funder of civil legal aid for low-income Americans.

Commentary

In Support of Andrew McDonald

Robert Mitchell | February 28, 2018

Over the last few days Connecticut has been subjected to a disreputable effort by some Republicans and so-called conservatives to transplant the vicious, unreasoning politics of Washington, D.C., to Hartford.

Commentary

YL Board: This Is What Sexual Harassment in the Legal Industry Looks Like

The Young Lawyer Editorial Board of The American Lawyer | February 28, 2018

We call for the industry to avoid silence when witnessing harassment and hold perpetrators—no matter how big a book of business—accountable.

Commentary

1 More Civil War Statue for Forgotten Hero

Connecticut Editorial Board | February 22, 2018

Mississippi should commission the creation of a new statue to recognize a real state hero, Hiram Robles Revels, to be placed in the National Statuary Hall as the first black U.S. senator to serve.

Commentary

How Do We Maintain Financial Order in the Court?

Connecticut Editorial Board | February 09, 2018

As Connecticut continues its financial convulsions, nary a word has been uttered about attempting to make the operation of the judicial branch more efficient.

Commentary

Immunity for Gun Makers Impedes Needed Reforms

Editorial Board | February 02, 2018

Last year saw the most mass killings in the United States since USA Today began tracking them in 2006.

Commentary

SCOTUS Missed Its Mark in 'Murr v. Wisconsin'

Editorial Board | February 01, 2018

Last term in "Murr v. Wisconsin," the U.S. Supreme Court attempted, without real success, to answer the question of what is the relevant parcel or total property interest to be considered in weighing whether a regulation affecting part of it has gone “too far” so as to effect a compensable taking under the Fifth Amendment.

Commentary

Beware the Risks of Corporate Service

Alanna Clair and Shari Klevens | February 01, 2018

Board service comes with some potential risks that, if not adequately addressed, can result in severe consequences for the attorney, the attorney’s firm, and/or the organization.

Commentary

Just in Time for the Super Bowl, a Look at the NFL's Offbeat Cases

Randy Maniloff | January 31, 2018

What better way to deal with any lull in the action on Sunday than a discussion of the substantial number of lawsuits that surround the National Football League, its players and fans.

Commentary

Separation-of-Powers Cases Reveal Legal Grey Areas

Mark Dubois | January 30, 2018

The recent Connecticut Supreme Court education-funding decision is fascinating in many ways, including as a study of separation-of-power principles.

Commentary

Temptation of Taking on Marijuana Clients Comes With Stern Word of Caution

Editorial Board | January 26, 2018

The sale or use of marijuana is a crime. Connecticut residency doesn’t immunize a person from potential federal prosecution. And for lawyers the lesson is that it's our obligation to follow the rule of law, or risk the consequences for failing to do so.

Commentary

Support Yale Law Volunteers Advocating for Asylum Seekers

Connecticut Editorial Board | January 18, 2018

In the spring of 2016 four Yale law students founded an organization to respond to the unmet legal needs of Central American refugee families fleeing…

Commentary

Male Clients Disfavor Women Partners

Vivia Chen | January 17, 2018

Are women just lousy at business development? Or are their firms not giving them the opportunity to shine? Well, here's another factor to consider: Male clients still favor male partners, according to a recent survey.

Commentary

Danger of Normalized Malignancy: Attorneys Must Speak Out

Connecticut Editorial Board | January 11, 2018

We, as lawyers, have a heightened duty to speak out about aberrant presidential behavior that threatens to erode our very democracy.

Commentary

Our Hopes and Wishes for the New Year

The Editorial Board | January 05, 2018

The collective wishes from the editorial board of the Connecticut Law Tribune for all our readers in 2018.

Commentary

Legal Predictions for the Year Ahead

Mark Dubois | January 04, 2018

Well, another year is in the hopper and it’s time to take a breath and look ahead. Here’s what my crystal ball shows for 2018.

Commentary

Something More Gratifying Than Punching a Nazi

Mark Dubois | December 29, 2017

Calling bigots out might be more fun than punching them in the face.

Commentary

Considering the Rights of a Misidentified Surrogate Child

Editorial Board | December 21, 2017

How should the law decide a case in which a surrogate mother has given birth to two children, only one of whom was the product of in vitro fertilization by the contractual donor?

Commentary

The Careerist: Why Haven’t Women in Law Firms Called Out Kozinski?

Vivia Chen | December 20, 2017

Those who've gone public with recollections of the now-retired judge's lascivious acts are predominantly from academia. Others who've spoken on the record include a journalist, a law student and a former federal judge.

Commentary

Confronting a Legal Profession in Distress

Editorial Board | December 15, 2017

Between 21 and 36 percent of practicing lawyers are problem drinkers. Twenty-eight percent suffer from depression; 19 percent struggle with anxiety; and 23 percent are impaired by stress. Law students fare little better—17 percent are depressed; 14 percent suffer severe anxiety; 6 percent reported suicidal thoughts in the past year; and 22 percent engaged in binge drinking during the year.

Commentary

A Legal Gem in Connecticut's Litchfield Hills

Editorial Board | December 14, 2017

There are about 35,000 museums in the world, but only one that has law as its subject. Located 46 miles northwest of Hartford, it’s the American Museum of Tort Law, in the small Litchfield County town of Winsted.