| Chile |
|
Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
Friday, December 22, 2006
google noticias para el fin de semana.
LAWYERS: NEWS FRON LEGAL WATCH BLOG
| Legal Blog Watch |
Will Bankruptcy Lawyers Be Forced to Declare Bankruptcy With the Recent Drop in Filings? Todd Zywicki's post at Volokh Conspiracy on the large drop in bankruptcy filings for 2006 is generating plenty of comment. Zywicki writes:
Zywicki offers three hypotheses for the drop:
Most commenters tend to agree with the first two of Zywicki's hypothesis. Another explanation is that the economy has improved, thus reducing the need for bankruptcy filings. Of course, if bankruptcy filings continue to drop at the current rate, there's bound to be a rebound affect, as bankruptcy lawyers start declaring bankruptcy! Posted by Carolyn Elefant on December 21, 2006 at 03:33 PM | Permalink | Comments (0) Why Firms Should Want Their Own Lawyers to Have a Portable Practice Dan Hull of What About Clients? offers law firms a new standard for evaluating associates: the "dude, if you can't steal our clients, you're fired" standard. As Hull elaborates:
Of course, in Hull's paradigm, the law firm must reciprocate associate service to clients with its own service to associates. Because it's only by providing a "fun, lucrative and engaging" work environment that law firms can hang on to client-generating and client-serving associates. Michelle Golden at Golden Practices opines that it takes trust to make Hull's system work: trust that partners and team members will do the right thing, trust that associates will learn what they need to know and trust that when you place trust in others, it will return to you. If Golden is right that trust is the lynch pin of a firm that really offers client service, I don't think we'll be seeing this model any time soon. Posted by Carolyn Elefant on December 21, 2006 at 03:30 PM | Permalink | Comments (0) Blogging Policies for Companies and Law Firms This week brings discussion among bloggers about blogging policies -- for companies and law firms. Justin Patten at Human Law links to a bunch of sample corporate-blogging policies. Some policies discuss whether there's a need to suspend blogging during the SEC-mandated "quiet period," before an IPO, while others merely consist of a list of sensible guidlines. As for law firms, the real policy issue related to blogs is whether bloggers should get bonuses, an issue discussed by Peter Lattman in this WSJ Law blog post. Actually, the original discussion topic behind the post is whether law firm bonuses should reward associates for hours billed or rainmaking. In this context, Lattman notes that according to Kevin O'Keefe, efforts by bloggers like Dennis Crouch of Patently O or Christine Mingie of Forestry Law blog have brought clients to their firms. O'Keefe suggests:
What kinds of incentives does your firm give to associate bloggers or any kind of associate rainmaker? Posted by Carolyn Elefant on December 21, 2006 at 03:27 PM | Permalink | Comments (0) Second Acts in Law As Bruce MacEwen writes in this post, Back to Business Law, law firms in conjunction with the American Bar Association are developing programs to help female attorneys who left the law to raise families keep their skills fresh if they choose to return. As MacEwen describes, the programs cover cutting-edge issues in corporate law, like professional responsibility for corporate lawyers, Sarbanes-Oxley and changing regulation for securities issuances, and they're taught by first-rate experts. Don't think law firms are necessarily growing more enlightened about work-life balance in sponsoring these programs. In many instances, economics drive the creation of these programs. As MacEwen writes:
And indeed, the law firms have found the right target audience. Consider this comment from MacEwen's post comments:
What firm wouldn't want to hire a lawyer (male or female) who overlooks the absolute blessing of children to bemoan the loss of a career and who apparently lacks the creativity to figure out a way to keep a place in the law without a job at Biglaw? Posted by Carolyn Elefant on December 21, 2006 at 03:24 PM | Permalink | Comments (0) |
Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
Wednesday, December 20, 2006
Hard Iraq choices loom, says Bush
 |  | US President George W Bush says the conflict in Iraq will require "difficult choices and additional sacrifices" in 2007. |
President Bush on Iraq BEST REGARDS
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
GEORGE BUSH : SALUDO DE NAVIDAD
Saludo de Navidad del presidente George Bush
LA CASA BLANCA
Isaías 9:6 "Porque un niño nos ha nacido, un hijo nos ha sido dado y de
nombre será llamado Admirable, Consejero, Dios Todopoderoso, Padre Eterno,
Príncipe de Paz".
Durante siglos hombres y mujeres pacientes escucharon las palabras de los
profetas y vivieron con la dichosa esperanza de la llegada del Mesías. Su
paciencia se vio recompensada cuando una joven virgen llamada María aceptó
con toda fe el plan de Dios, y un nacimiento tranquilo en un pequeño pueblo
trajo la esperanza al mundo. Por más de dos milenios los cristianos han
celebrado la Navidad para recordar el nacimiento de Jesús y agradecer al
Todopoderoso su Gracia y sus bendiciones.
En esta época solidaria recordamos también el llamado universal de amar al
prójimo. Millones de almas llenas de compasión se toman el tiempo en estas
fiestas para ayudar a la gente que sufre, alimentar a los que están con
hambre y albergar a quienes necesitan una vivienda. Nuestro país piensa
también en los hombres y mujeres de nuestras fuerzas armadas que están
pasando la Navidad en puestos y bases militares de todo el mundo y en sus
seres queridos que velan por su regreso. Estados Unidos tiene una deuda de
gratitud con los hombres y mujeres de las fuerzas armadas y con sus
familias.
El sencillo relato de la Navidad le sirve a todas las generaciones porque
contiene un sentido de maravilla y sorpresa. Que este momento de alegría y
de paz nos halle rodeados del amor de la familia y los amigos y tomémonos
tiempo para reflexionar sobre el año entrante. Laura y yo rezamos para que
esta temporada festiva sea un momento de felicidad en todos los hogares y
un tiempo de paz en todo el mundo.
Feliz Navidad.
GEORGE W. BUSH
Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
Tuesday, December 19, 2006
feliz navidad y próspero año nuevo
a todos nuestros queridos lectores
les deseamos una
felices navidades y
para 2007 un prospero año nuevo.
Saludos fraternales de
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
La sociedad, en cualquier instancia es una bendición,
pero el gobierno incluso en su mejor forma no es más que un mal necesario;
en la peor, un mal intolerable. Thomas Paine (1737 - 1809).
pensador político, revolucionario, ilustrado y liberal, británico.
Monday, December 18, 2006
Hecklers, admirers bid farewell to Pinochet
- Young, devout and gay (2:38)
- Saving a young life (1:57)
- Disabled kids in the sky (2:15)
- Climber's brother grieves (6:35)
- Now In The News (Updated: 1:36 p.m. ET)
Hecklers, admirers bid farewell to Pinochet
POSTED: 12:38 p.m. EST, December 12, 2006
Story Highlights
• Hecklers outside Augusto Pinochet funeral drown out choir• 3,000 friends, relatives, military officers pack college courtyard for funeral mass
• Former Chilean dictator denied full state funeral
• Body to be cremated Tuesday, reportedly in town near Pinochet's birthplace
Adjust font size:
SANTIAGO, Chile (Reuters) -- Hecklers angry at the government shouted over the sound of choirs Tuesday at the funeral of Augusto Pinochet, the former Chilean dictator whose repressive rule from 1973 to 1990 made him infamous around the world for human rights abuses.
Some 3,000 relatives, friends and top Chilean military officers packed a courtyard in the grounds of a military college in Santiago to pay their respects to a man who continues to polarize Chilean public opinion, even in death.
The center-left government denied Pinochet, who died Sunday at age 91, the full state funeral usually reserved for former presidents, angering Pinochet supporters who view him as having saved the country from communism and chaos. (Watch rising smoke and raging fires as police clash with demonstrators )
President Michelle Bachelet, who was tortured during Pinochet's rule, did not attend, and when her representative, Defense Minister Vivianne Blanlot, arrived, she was heckled and whistled at by mourners.
As the protests drowned out the noise of the funeral choir, the priest conducting the ceremony appealed for calm.
Pinochet's eldest daughter, Lucia Pinochet, praised her father for lighting "a flame of freedom" in September 1973, when he overthrew the democratically-elected socialist government of President Salvador Allende in a coup.
The military said that up to 60,000 people had flocked to the college for the public viewing of Pinochet's casket.
The general's youngest son, Marco Antonio Pinochet, has said denying his father a state funeral was petty and the government was "incapable of taking a noble stance at this moment in history."
Bachelet has said it would be an affront to many Chileans to conduct a state funeral for a man who seized power by force, led a repressive regime and was under investigation for murder, torture and fraud when he died.
Pinochet's forces killed around 3,000 opponents and suspected opponents of the government during his rule. Scores of military police officers also died in the political violence.
Some 28,000 people were tortured by Pinochet's secret police and hundreds of thousands of Chileans fled into exile.
Pinochet's supporters say his rule saved the country from communism, chaos and possible civil war, and point to his free-market reforms as having laid the way for Chile's current stability. (Watch why Pinochet's rise to power was both notorious and welcomed )
At his funeral, many mourners applauded as Pinochet's coffin, topped with a Chilean flag, was carried into the courtyard in bright sunshine by eight pall-bearers in blue military uniform.
Opponents of Pinochet marked the funeral by gathering outside the presidential palace in central Santiago, which was bombed from the air during the 1973 coup and where Allende, under siege, committed suicide.
A statue of Allende, a socialist who was backed by the Soviet Union and Fidel Castro's Cuba and whose government had enacted radical farm reforms in the previous three years, stands on the spot now.
"(His death) is a relief," said Marisol Salazar, a 48-year-old woman who said her father was one of the "disappeared" for which Chile became notorious under Pinochet.
"He was never brought to justice, but God will judge him."
By mid-morning on Tuesday, police had arrested 39 people involved in demonstrations or protests following Pinochet's death, Interior Ministry under-secretary Felipe Harboe said.
The most serious incidents were on Sunday night, when police fired tear gas to disperse protesters.
Pinochet's body was due to be taken later to an undisclosed destination, where it will be cremated. His son has said the family fears Pinochet's enemies would vandalize his grave if he were buried.
Local media said the cremation would take place in Concon, near Valparaiso where Pinochet was born on November 25, 1915.
Copyright 2006 Reuters. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
Saludos cordiales
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
RODRIGO GONZALEZ FERNANDEZ
CONSULTAJURIDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586 dep 10
Santiago, Chile
Wednesday, December 13, 2006
from legal watch blog
| Legal Blog Watch |
Mandatory Retirement at Law Firms By his own admission, Bruce MacEwen of Adam Smith avoids staking out positions, preferring instead to focus on the in depth and astute quantitative analyses that have addicted his wide audience, myself included. But in response to this New York Times story on law firms' mandatory retirement programs (12/08/06), MacEwen comes out swinging, decrying these programs as idiocy or atrocity and an inherently inhumane practice. And as I'll discuss in this post, many others in the blogosphere side with MacEwen, though as I'll conclude, I hold an opposing and apparently, minority view. Before getting to his critique of mandatory retirement, MacEwen begins with the predictable justifications: younger partners need to take over client relationships, senior partners' draws mean less money for younger partners and senior partners are less productive. MacEwen dispenses with these arguments in short order. As to younger lawyers wanting a bigger piece of the pie, McEwen argues that today's firms are far better off than those of decades ago, which kept older lawyers on without any detriment to younger partners' earnings. As to the problem of underperformance, MacEwen correctly diagnoses it as an issue that afflicts some lawyers irrespective of age -- and should be treated on a case by case basis, rather than with a broad mandatory retirement policy. Finally, as to the rationale of "passing clients on to younger partners," MacEwen points out that clients may want to keep older lawyers with whom they've developed a relationship -- and they ought to have a say in the matter. For MacEwen, older lawyers have a valuable role to play in the firm. They can:
For a complete backstory on some of these issues, Jen Burke at Transcending Gender has an exhaustive overview of ageism at law firms, including the New York State Bar Association's recent statement that mandatory retirement is discriminatory and inhumane. The Legal Profession Blog mentions the Times story here, as does WSJ Law Blog here, though the story only generated minimal comments from readers, which I'd attribute to what I'm guessing is WSJ Law Blog's youth-oriented demographic. Finally, at Prawfs Blawg, Scott Moss analyzes the legality of mandatory retirement programs. As for me, I definitely hold a minority view on all of this. First, if these older lawyers had the kinds of relationship with clients that is claimed, why don't more of them take their portfolios and walk, like the attorney Victor Morris described in the Times story. What I suspect is what I've written before: that many of the lawyers being sent out didn't have a stake in the firm or the clients, but were nothing more than highly paid employees. Second, I have to admit that it's difficult for me to feel sorry when these older lawyers, who've spent their careers earning millions at large firms, are told to leave. If there's ever a group of people who had options, it's this segment of the population. Many retiring biglaw attorneys have earned enough during their career so that they're not tied to a steady paycheck. They can teach, embark on other careers, start a legal clinic or consult with emerging companies. They can, if they have the portfolio, pack up their clients and start a new firm. They can run for political office or use their contacts to apply for judgeships. Why stay put for comfort when you have a whole new opportunity to leave your mark on the law? Posted by Carolyn Elefant on December 11, 2006 at 03:47 PM | Permalink | Comments (0) Tolerating Different Viewpoints Is a Good Thing In this post, Rees Morrison reminds company general counsel that their viewpoint and demeanor has a trickle-down effect on others' willingness to express their views. Morrison writes:
Morrison writes that any issue of importance will invariably have two sides. Thus, it's necessary to encourage an atmosphere where all views are vetted and worked through. So top lawyers may want to wait to express their position until they have a chance to hear from everyone else. Posted by Carolyn Elefant on December 11, 2006 at 03:29 PM | Permalink | Comments (0) Blawg Review #87 Hannah Hawsl-Kelcher of the Legal Literacy Blog hosts this week's holiday-themed installment of Blawg Review #87, which features both the naughty (like Leon Gettler's discussion of prosecutors behaving badly or use of PowerPoint to improve congressional debate as described at Freedom to Differ) and the nice (such as Bruce McEwan's discussion of ways to use technology to effect an exchange of ideas). Next week, watch for Blawg Review #87 at Health Care Law Blawg. Posted by Carolyn Elefant on December 11, 2006 at 03:26 PM | Permalink | Comments (0) Hey 7th Circuit -- Why Not Cut Lawyers Some Slack? Howard Bashman, author of How Appealing, warns in an article ("Commentary: Have 7th Circuit Judges Gone Off the Deep End?") that the 7th Circuit judges Posner and Easterbrook risk becoming "fusspots and nitpickers" when they berate or sanction attorneys for minor and inconsequential mistakes. If you think that Bashman's use of words like "fusspots and nitpickers" is a bit harsh, bear in mind that he's merely quoting the honorable Judge Posner. Bashman's column discusses a recent 7th Circuit decision, Smoot v. Mazda Motors, that Bashman first wrote about in depth here at his blog. In accordance with the federal rules of appellate procedure and the Seventh Circuit's local rules, the parties were required to set out a statement of jurisdiction and specify the basis for diversity jurisdiction and the amount in controversy. In Smoot, neither the plaintiffs nor the defendants provided an accurate statement of jurisdiction, so the court ordered the parties to provide supplemental statements describing jurisdiction. Again, as Bashman describes, the parties erred:
The errors, albeit minor to many, caused Judge Posner, joined by Chief Judge Easterbrook to lash out at counsel:
Judge Evans dissented, disagreeing with his colleagues' characterization of the lawyers' errors. Evans wrote:
Bashman recognizes the importance of enforcing jurisdictional limits, but ultimately, he supports Evans' approach. Bashman writes that there's no reason to berate attorneys or elevate minor mistatements to the level of malpractice. Bashman also suggests that responsibility for ensuring jurisdiction lies with the federal district court and that judges should review the district court's opinions to determine whether jurisdiction has been properly established. Posted by Carolyn Elefant on December 11, 2006 at 03:19 PM | Permalink | Comments (0) What Hope Do We Have for Security When Unlicensed Lawyers Elude the Military? As our government works towards improving homeland security, perhaps the first place to look for breaches is in our own backyard. As The Washington Post reports here (12/10/06), the Air Force just discovered that one of its top lawyers, Colonel Michael Murphy, who served both in the White House and in a senior position in Iraq, had been practicing law without a license since he was disbarred for professional misconduct by the Texas Bar in 1984. The investigation is ongoing. Though there's no excuse for the Air Force's oversight, I predict that we'll see less of it in the future. Many bar associations maintain online data bases that enable other lawyers, employers and the public to quickly and accurately check an attorney's standing with the bar. And the ready availability of this information ought to deter lawyers from lying or failing to reveal disbarment or lack of good standing to an employer. Posted by Carolyn Elefant on December 11, 2006 at 03:05 PM | Permalink | Comments (0) |
Rodrigo R. González Fernández
Director
Director
CONSULTA JURÍDICACHILE.BLOGSPOT.COM
Renato Sánchez 3586, Dpto. 10
Las Condes * Santiago * Chile
T: (56-2) 245 1168
rogofe47@hotmail.com
rogofe47@manquehue.net
www.consultajuridicachile.blogspot.com
Renato Sánchez 3586, Dpto. 10
Las Condes * Santiago * Chile
T: (56-2) 245 1168
rogofe47@hotmail.com
rogofe47@manquehue.net
www.consultajuridicachile.blogspot.com
Tuesday, December 12, 2006
Ben Cowgill's Legal Ethics Newsletter
Highlights from recent posts
Ethical Risks of Law Firm Websites and Blogs: a CLE teleconference on Thursday, December 14th |
| "...I will be one of three presenters in a CLE teleconference at 1:00 p.m. ET this Thursday, December 14, titled "Ethical Risks of Law Firm Websites and Blogs: Staying on the Right Side of the Ethics Line." ... The other presenters are John Steele, Ethics and Conflicts Director and Special Counsel at Fish & Richardson P.C. in Silicon Valley, and Brett J. Trout, former president of the Iowa Intellectual Property Association and author of the book, Internet Laws Affecting Your Company. ..." |
Chicago Tribune article discusses ethical aspects of lawyer blogs |
| "...I was pleased to be quoted in yesterday's edition of the Chicago Tribune, in an article discussing ethical aspects of blogs published by practicing lawyers ... The article recounts the story of how I succeeded in bringing clarity to the regulation of lawyer blogs in Kentucky when I launched this blog as a "test case" early last year. ..." |
Federal court finds portions of Kentucky's Code of Judicial Conduct unconstitutional, issues injunction against Judicial Conduct Commission, Inquiry Commission and Bar Counsel |
| "...In an Opinion and Order issued today, United States District Judge Karen K. Caldwell held that two provisions of Kentucky's Code of Judicial Conduct are unconstitutional. She therefore granted a Motion for Preliminary Injunction, enjoining the Judicial Conduct Commission and decision-makers in Kentucky's attorney disciplinary system from taking any steps to enforce those provisions...." |
Update: Is the Kentucky Advertising Commission limiting advertisements about ComAir 5191 consistently? |
| "...If a newspaper ad by a Lexington law firm violates the Rule, does the web site of a "national" law firm violate the Rule as well?..." |
Attorney General cautions lawyers about contacting families of ComAir 5191 victims |
| "...It should be apparent from other posts on this blog that I generally respect the rights of other lawyers to advertise their services as they choose, within the boundaries of the law. That does not mean that I condone the behavior of any lawyer who directly solicits employment from people in their time of grief. . . . The Kentucky Rules and the federal statute both permit the lawyer to make direct contact with those people in an appropriate manner, subject to various requirements, after a specified period of respect for their privacy...." |
Update: How Kentucky's Attorney Advertising Commission is now treating blogs by Kentucky lawyers |
| "...Some of my readers have asked me to post an update on how Kentucky's Attorney Advertising Commission is treating law-related blogs published by Kentucky lawyers. . . . The short answer is that the Commission has adopted a fair and sensible approach...." |
New Jersey Supreme Court stays prohibition on 'Super Lawyer' advertisements |
| "...The New Jersey opinion has prompted commentary throughout the legal profession and on law-related blogs. Here, in the great tradition of free speech, is what I would add to the mix..." |
Law-related blogs are beginning to make an impact on legal scholarship and judicial decisions |
| "...There is growing evidence that law-related weblogs ("blawgs") are hitting the mainstream as a source of information about the law -- and that the courts are paying attention..." |
Making sense of metadata: a mega-list of links for lawyers |
| "...I thought I would take a moment to pass along my own "working list" of links to on-line resources about metadata..." |
Nevada ethics committee approves outsourcing of client data management |
| "...The State Bar of Nevada has issued a formal ethics opinion holding that it is ethically permissible for a law firm to store electronic client records on a remote server under the control of a third party, without obtaining client......" |
Kansas lawyer disciplined for 'rounding up' time entries |
| "...Earlier this month the Supreme Court of Kansas held that a lawyer was guilty of professional misconduct when he rounded up his time entries on a client's matter, even though the lawyer claimed that he had rounded up by no......" |
Arkansas Bar rejects malpractice insurance disclosure rule |
| "...On January 21 the Arkansas Bar Association rejected a proposed rule which would have required members of the Arkansas Bar to certify whether they carry professional liability insurance. The proposal had been drafted by the Bar's Professionalism Task Force and......" |
Colorado holds that Consumer Protection Act applies to lawyer advertising |
| "...Today’s e-mail brings me the most recent edition of “Alert from Lawyers for the Profession”, an e-mail newsletter published by the law firm of Hinshaw Culbertson. This issue calls attention to the recent decision in Crowe v. Tull, 126 P.3d......" |
Disciplinary lawyers discuss common concerns at mid-year meetings in Chicago |
| "...Last week the Association of Professional Responsibility Lawyers (APRL) and the National Organization of Bar Counsel (NOBC) held their respective mid-year meetings in Chicago, along with other affiliate organizations of the ABA. I attended the APRL meeting, which (as usual)......" |
A few comments concerning case citations, competence and computers |
| "...Recently I received a service copy of a brief from an attorney who was representing a member of the Bar in a show-cause hearing. I turned my attention to it immediately because I was working on a similar brief for......" |
Update: How Kentucky's Attorney Advertising Commission is now treating law-related blogs |
| "...[Update posted 08/27/06]: Some of my readers have asked me to post an update on how Kentucky's Attorney Advertising Commission is treating law-related blogs published by Kentucky lawyers. They have correctly surmised that the Commission has addressed the issue in......" |
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