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Ethics

Lawyers ordered to provide door-to-door apology after their early-morning ‘scream test’

By Debra Cassens Weiss

October 14, 2024, 11:27 am CDT

Lawyers who wakened South Philadelphia residents with a looped recording of a screaming woman to prove a point in a lawsuit must go door to door to issue in-person apologies, a federal judge has ruled.

In an Oct. 10 opinion, U.S. District Judge John F. Murphy of the Eastern District of Pennsylvania said lawyers for former inmate Termaine Hicks will have to mail written apologies to nearby residents. At least one lawyer will have to go door to door to apologize to those living closest to the recording.

Law.com and Law360 have coverage, while Courthouse News Service published a brief summary and linked to the decision by Murphy.

The 122-decibel recording broadcast for more than an hour beginning at 5:30 a.m. Sept. 23. That volume is “somewhere on the border between uncomfortable and painful and is similar to an ambulance siren, a rock concert or a chainsaw,” Murphy wrote.

Hicks was suing several police officers and the city of Philadelphia for allegedly framing him for a rape. He was imprisoned for 19 years until his conviction was vacated in December 2020.

Hicks had claimed that he heard a woman screaming in the early-morning hours of Nov. 27, 2001, and he went to help. She had been sexually assaulted and was lying on the ground.

According to Hicks, police arrived, shot him three times in the back and planted a gun to frame him for the crime. One issue is whether Hicks could have heard the woman screaming from two blocks away.

Lawyers for the defendants had tried to show that Hicks didn’t hear the screams by hiring an acoustics expert who played a “siren chirp” in the neighborhood. Attorneys for Hicks retained an expert who devised a “scream test.”

The plaintiff’s attorneys had been instructed not to speak directly to city employees and had assumed that the defendants’ counsel would contact police and take necessary precautions.

Police were notified.

“What is clear is that no one provided community members with notice of the scream test,” wrote Murphy, who also had no notice of the plan.

Lawyers for the plaintiffs acknowledged that “residents were clearly upset,” Murphy said. One man came over with a baseball bat. A woman yelled at the acoustics expert. Many wanted to know who was responsible for the recorded scream and asked whom they could contact to complain.

“At best, this lack of forethought and sensitive judgment resulted in a deeply disturbing and potentially dangerous situation,” Murphy wrote. “At worst, it undermined the local community’s confidence in the exact justice system that Mr. Hicks relies on for recourse.”

Murphy decided against withholding the “scream test” evidence as a sanction, citing three reasons. The plaintiff’s counsel did not act maliciously, there is no apparent prejudice to the defendants, and banning the evidence “would have misplaced effects,” Murphy said.

“Such an action would benefit defense counsel, who were present for the scream test and at least complicit in allowing the test to move forward,” he said.

Lawyer Emma Freudenberger of the law firm Neufeld Scheck Brustin Hoffmann & Freudenberger took personal responsibility for what happened, Murphy said in a footnote. The judge allowed any lawyer for the plaintiffs to conduct the in-person apologies, however.

Law360 reported that two firms represented the plaintiff. The second is Kairys Rudovsky Messing Feinberg & Lin. Freudenberger and other lawyers for the firms did not immediately reply to an ABA Journal email seeking comment.

The case is Hicks v. City of Philadelphia.

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3. Nonlawyer entities could provide legal services…

Access to Justice

Nonlawyer entities could provide legal services in Washington in proposed pilot program

By Debra Cassens Weiss

September 11, 2024, 2:36 pm CDT

Nonlawyer-owned entities would be allowed to deliver legal services in Washington under a pilot program proposed by the Washington State Bar Association and a board created by the Washington Supreme Court.

If the Washington Supreme Court gives its approval, nonlawyer entities with innovative business models could apply to offer legal services temporarily under an exemption to rules banning the unlicensed practice of law, according to a summary on the Washington State Bar Association’s website.

Law360 has a story on the program.

“Our data tells us that our current business models aren’t meeting the needs of all of the people in our community,” Terra Nevitt, executive director of the Washington State Bar Association, told Law360. “That tells me we need to innovate the models, and if our regulations are getting in the way, I think it’s worth testing them.”

The participating entities would have to follow ethical rules and provide information about their delivery of legal services to the public. At the end of the pilot test, the Washington Supreme Court could assess the results and decide whether to make regulatory reform more permanent.

The Washington State Bar Association and the Washington Supreme Court’s Practice of Law Board would oversee the pilot program.

“The proposed pilot test is the beginning of a process, not the end,” according to the State Bar of Washington’s website. “The goal is to learn more and make transparent, data-driven decisions before any permanent regulatory reform is put in place.”

The proposal follows adoption of programs to allow nonlawyer-owned legal businesses in Utah and Arizona.

The Utah Supreme Court approved a pilot program in August 2020 that allows temporary nonlawyer ownership or investment in law firms by entities operating in a “regulatory sandbox.” That same month and year, the Arizona Supreme Court eliminated an ethics rule barring nonlawyers from having an economic interest in firms and preventing lawyers from sharing fees with nonlawyers.

Law360 listed some of the programs implemented in Utah and Arizona. They include “one-stop-shops” that hire lawyers and other professionals, such as professional advisers.

Hello Divorce, an online platform, uses attorneys to help explain divorce steps. ZAF Legal, a legal tech company, has launched a chatbot that helps people who have been injured in accidents determine whether they have a case. Rasa Legal, an app that helps eligible people with criminal records and the expungement process, has software that helps those who want to know whether their criminal records can be expunged.

Nevitt told Law360 that Washington benefits from not being the first state to allow nonlawyer-owned legal entities.

“We’re just so grateful that they’ve laid the groundwork, so that we can learn from their experiences, and that’s what we’ve tried to do,” Nevitt said.

See also:

When it comes to deregulation of the legal industry, divisions run deep

Following decades of discourse on nonlawyer legal services, questions of motives continue

Washington Supreme Court sunsets limited license program for nonlawyers

How the Washington Supreme Court’s LLLT program met its demise

REDDING, Calif. – In order to provide benefits to wildlife, open new recreational opportunities, and protect a historical area from potential development, the Bureau of Land Management has purchased approximately 3,200 total acres of new public land in areas from the Great Basin in northwest Nevada to the Pacific Coast in northern California.

“These successful land purchases underscore the BLM’s commitment to conserving vital habitats, enhancing recreational opportunities, and preserving the natural beauty of public landscapes for future generations, in alignment with the President’s America the Beautiful conservation initiative,” said Dereck Wilson, manager of the BLM Northern California District. “We extend our gratitude to the dedicated landowners and partners who made these achievements possible.”

The acquisitions include:

•    Greater Sage Grouse Habitat:  The BLM purchased eight parcels covering nearly 1,300 acres within areas designated as priority sage grouse habitat in Washoe County, Nevada. Containing springs, riparian areas, and meadows, these parcels provide ideal conditions for greater sage grouse, mule deer, and pronghorn. Acquiring these properties for public ownership enhances access to surrounding public lands and opens opportunities for hunting upland game birds and big game. The lands will be managed by the Applegate Field Office.

•    Mule Deer Winter Range:  Purchase of this 280-acre parcel along U.S. Highway 395 south of Susanville, California, will allow conservation of crucial mule deer wintering habitat along an important migration corridor. The newly acquired land, managed by the Eagle Lake Field Office, will also greatly improve public recreation access to the northern slope of the Diamond Mountains, a northern extension of the Sierra Nevada range.

•    Bald Mountain Special Recreation Area: This 760-acre property managed by the Eagle Lake Field Office will improve access to a popular recreation area offering 20 miles of equestrian, hiking, and mountain biking trails. The area lies between the Lassen County communities of Janesville and Standish. The acquisition opens access to the trails from the east side of Bald Mountain, complementing existing west side access. Bald Mountain provides users with expansive views of the Honey Lake Valley and a great spot to enjoy the sunrise over the Lassen County high desert.

•    California National Historic Trail: The Rush Creek parcel, 800 acres of high desert east of U.S. Highway 395 near Susanville, preserves portions of the Nobles Emigrant Trail, a segment of the California National Historic Trail. Managed by the Eagle Lake Field Office, the property contains lush stream corridors and supports greater sage grouse, pronghorn, migratory birds, raptors, and fish. It also offers excellent public access for hunting, fishing, hiking, and photography. This acquisition provides protection from potential development and includes water rights, bolstering resource resilience for the future. 

•    Guthrie Creek Expansion: The BLM has acquired the Guthrie Creek parcel adjacent to Lost Coast Headlands, an onshore unit of the California Coastal National Monument. The 143-acre parcel located west of Ferndale is managed by the Arcata Field Office and features a half mile of coastline, beach access, grasslands, coastal bluffs, and an untouched section of Guthrie Creek. Its forest teems with wildlife such as blacktail deer and black bears. Additionally, the parcel offers potential for expanding the Guthrie Creek Trail, creating new opportunities for coastal trail recreation access.

Since 2021, the BLM Northern California District has completed a total of 15 acquisition projects, securing more than 4,100 acres of new public land, comprising about $5 million in total funding. These acquisitions contribute to the nearly $44 million in planned expenditures to acquire approximately 14,000 acres for public ownership within the BLM Northern California District by the end of 2024.

These efforts, supported by the Land and Water Conservation Fund and the State of California Off-Highway Vehicle Fund, aim to preserve critical habitats, enhance recreational access, and protect vital ecosystems across Northern California and northwestern Nevada. The LWCF also provides grants to state and local governments for acquiring and developing new outdoor recreation opportunities. These accomplishments also contribute to the 30 by 30 initiative, a national goal to conserve 30 percent of America’s lands and waters by 2030.
 

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3. Winston & Strawn will provide reduced-cost…

Law Firms

Winston & Strawn will provide reduced-cost legal services for routine tasks under Winston Legal Solutions umbrella

By Debra Cassens Weiss

April 4, 2024, 2:48 pm CDT

Winston & Strawn is offering its clients a lower-cost alternative to outsourced legal services that uses attorneys trained by the law firm for more routine legal tasks.

The “right staffing” model will offer legal services related to transactional, litigation and regulatory legal services, according to an April 3 press release from Winston & Strawn.

Services provided include contract management, due diligence, fact development, deposition support, legal research, routine discovery and regulatory compliance.

The lower-cost legal services will be part of Winston Legal Solutions, which will also include Winston & Strawn’s e-discovery, managed review, information governance and trial-support services.

Lawyers delivering the lower-cost legal services will use “established processes, proven playbooks, a state-of-the art technology stack and newer generative AI tools where available and appropriate,” according to the press release.

Law.com’s Legaltech News spoke with John Rosenthal, chair of Winston’s e-discovery and information governance practice, about the the new undertaking.

“Our view is we want to be a full-service provider for our clients, and we want to give them an option with the right talent level at the right price for that work,” Rosenthal said.

Winston Legal Solutions will be staffed with full-time lawyers, but it will also hire attorneys by the project when a particular skill set is needed, Rosenthal told Legaltech News.

Firms are mostly stuck in a “paralegal-associate-partner” model, Rosenthal told the publication. “And I don’t think that model necessarily works for a lot of our clients for certain kinds of work, [where] they don’t want a partner-track associate at $700 an hour.”