Cleveland Law Library Weblog

Ohio Supreme Court Board of Commissioners on Grievances & Discipline Issues Opinion That Lawyers Can Solicit Clients via Text

The Ohio Supreme Court Board of Commissioners on Grievances & Discipline has issued a new ethics Opinion (No. 2013-2) that permits lawyers to solict potential clients via text messaing. The Syllabus of the Opinion specifically states that:  

"Prof.Cond.R. 7.2 allows lawyers to use text messages to solicit professional employment from prospective clients. However, text message 
solicitations must also comply with Prof.Cond.R. 7.1 and 7.3 and all applicable federal and state laws, rules, and regulations."

The full text of this Opinion can be found at the following link.

If you have not already read it, the Board's 1st Opinion of the year (2013-001) indicated that a lawyer may practice law at more than one firm at the same time as long as he or she complies with the Rules of Professional Conduct.

Women Now Hold 33.4% of the Legal Jobs in the Country as Lawyers, Judges, Magistrates and Other Judicial Workers, But They Are Still Paid Less, and Many Are Leaving the Profession

According to the latest 2010 census figures, women now hold 33.4% of the legal jobs in the country as lawyers, judges, magistrates and other judicial workers. These stats are encouraging compared to the 2000 and 1970 figures of 29.2% and 4.9%, respectively. However, the Wall Street Journal reports that there are still disparities between what men and women in the legal field are paid, which the article indicates may be due to individual choices, discrimination or other unknown facors. In addition, although as many women as men are graduating from law schools, many women are apparently leaving the profession for jobs that offer greater flexibility in hours and location. Another discrepancy to which the article refers occurs in law firm management:

"While women have made strides in the legal profession, at law firms few are taking management positions. Some leave for jobs as counsel to corporations, where hours can be more predictable. At large law firms, women make up just 15% of equity partners, according to a survey released in October by the National Association of Women Lawyers. Of the 200 firms surveyed, just 4% had a woman at the helm in the role of firm-wide managing partner."

Some Cleveland Law Firms Are Bucking the Nationwide Hiring Freeze

Cleveland lawyers and law graduates have had it tough the last few years, just as have lawyers throughout the country. However, the Cleveland Plain Dealer just reported that some local law firms are bucking the nationwide trend. According to cleveland.com:

"Cleveland-based Tucker Ellis has brought on 21 lawyers this year, 16 of them at its downtown Cleveland office.Thompson Hine added eight attorneys at its Cleveland headquarters and 16 firmwide in the past year. Walter & Haverfield grew 20 percent in the first nine months of 2012, adding seven partners and five associates since January...The Cleveland office of Jones Day reports a net gain of 17 lawyers since January, bringing the total to 227."

In contrast, the article indicates that the numbers at the local offices of Calfee Halter and Benesch Friedlander are down.  Reductions like these firms have experienced, or flat hiring freezes, seem to be the local norm.

Law Firm Mergers Are on the Rise

Legal Current has reported that domestic law firm mergers rose 67% in 2011 compared to 2010 figures. There were apparently 45 mergers last year versus 27 in 2010, and a study by the Hildebrandt Institute predicts that the trend will continue this year. Click here to read the entire Merger Watch report.

AM LAW Issues Top 100 Firms

The Am Law 100 is out, and the report shows revenues per lawyer, profits per partner, firm profitability, and the value that lawyers contribute. American Lawyer subscribers can access the report by clicking here.

Cleveland-Marshall Law School to Open High-Tech Trial Courtroom

Having raised almost all of the funds it had hoped, Cleveland-Marshall is opening a brand new, $1 million dollar trial courtroom with high-tech like that used in the local federal district courthouse. CSU plans to use the room to educate students about the trial process and rent the room to lawyers and jury consulting firms who want to conduct mock trials and/or practice witness testimony. Apparently, naming rights are still available for the room itself and several components of the room, including the judge's chambers and the jury deliberation room. Interestingly, this room is unique among Ohio law schools and rare across the country, but Jones Day's Cleveland office has a trial courtroom of its own that it uses for practicing for oral arguments, among other things.

Fewer Students Are Entering Law School Due in Large Part to Debt Fears and Fewer Job Prospects

A WSJ article reports that applications to US law schools are down 11.5% compared to last year. The reason appears to be that students are fearing high law school tuition debts (about $100,000 according to the ABA) and the prospect of a tight job market that offers a lot fewer job opportunities. The article indicates that the statistics are the lowest in 10 years-since 2001. Apparently, corporate law firms have cut back, and many law firms are freezing starting salaries for new lawyers. The article concludes that law school no longer appears to be for the undecided who are not sure what career to pursue.

Local Cleveland Attorney David Mills Wins in U.S. Supreme Court

Congratulations go to local Cleveland attorney David Mills, who just scored a huge win in the U.S. Supreme Court (09-737) in the case of Ortiz v. Jordan, which the Court unanimously decided on January 24, 2011. The Supreme Court's decision reversed the 6th Circuit, which had thrown out a trial court's judgment of $625,000 in favor of Michelle Ortiz on her claim that she was sexually assaulted while in prison.  Allthough the case went to the Supreme Court on a procedural issue, it is a victory for both Mills and his client. According to news reports, Mills is being asked to speak all over the country, and his solo law practice it sure to be booming very soon. In advance of his oral argument, Mills was profiled in the November issue of the ABA journal.

Click here to read the briefs in the case, and click here to listen to the oral arguments in the case.

Findlaw Has Created a Mobile Website

Legal Current reports that Findlaw has created a mobile website at m.findlaw.com. Findlaw includes a great lawyer directory and articles on major areas of the law. The new site proclaims these features:

"It’s optimized for iPhone and Android smartphones, and is compatible with many popular mobile devices. Unlike other mobile websites which simply shrink their formats to fit a smaller screen, Mobile FindLaw is built to optimize the mobile user experience."

If Survey Results Are Correct, Litigators Ought to Make Money Next Year

Fulbright's 7th Annual Litigation Trends Survey Report indicates that business disputes and litigation will be up in the next 12 months. That would be good news for lawyers who have had fewer clients and less work to do lately. Click here to read the report (you may have to register for free), and click here to read a press release about the report. KJK Lawyer John Hyman has also posted his insightful comments on the survey.