Category Archives: U.Miami

The Paperless Office (Like it Or Not)

The Vice Dean has sent round a memo announcing that in aid of forthcoming office construction projects (we’re hiring a lot of people and they do have to sit somewhere) all faculty file cabinets in common areas are to be taken away, and we must empty them forthwith — in the next four weeks or so (one of which I will be away).  According to reports of a meeting I missed because I was in New York, we may keep the files in our office, or the law school will scan them for us, or if we box them up it will transport the boxes to our home or another location of our choice.  Or of course, if we prefer, we may instead dispose of our files, for which purpose the law school has suggestively positioned large gray plastic dumpsters on wheels in highly visible locations, one partly blocking the entrance to my suite of offices.  The law school kindly promises to empty it as often as needed.

I am a professional pack rat, so I have *a lot* of files in cabinets in our storeroom and cabinets in our common areas. At least two large and wide vertical file cabinets, and a handful of small traditional file cabinets too.

I suppose I’ll have to spend a few hours doing triage on it all.  Perhaps a bit can be thrown away.  Perhaps a good fraction can be scanned, although I wonder how they will name the files in a way that makes them easy to use. And no one has said anything about OCR, so I imagine the resulting files will be inefficient.  Some of the older files, are primarily copies of articles or cases, and the main reason for keeping them is that they serve as a reference list.  Those files would be best if they could be converted into lists that hyperlink to the online versions of the material, but that would take trained labor willing to be bored.  I’m not sure we have that around in sufficient quantity; and I already have several other things I want my research assistant to do in the limited time I’m willing to distract her from studying.

But, at present either I’m going to the paperless office or I will have an office so full of paper (in hard-to-access boxes) that no student, and perhaps not even I, will be able to get in there.

Then again, the law school did say they would transport the boxed files to the location of my choice. Perhaps I should suggest the Vice Dean’s office?

Photo Credit: Mrs Magic.

Posted in Law School, U.Miami | 1 Comment

Alumnus in the News: Reince Priebus ’98

Reince Priebus UM Law '98It seems that newly elected GOP chief Reince Priebus graduated from the University of Miami School of Law in 1998. For a write up of his activities as a law student see University of Miami | School of Law – Reince Priebus, JD’98: UM Degree Sets Him Apart. He was a student leader, and was here around the same time as our other recent political star, Senator Marco Rubio ’96.

Not everyone is a fan, however, of what Mr. Priebus has been up to since he graduated. See for example this Wisconsin blogger’s take, New GOP National Chair Is Voter Obstruction Operative from Wisconsin. (And, more about the voter suppression in Wisconsin.)

And finally, consider this little thought experiment from Steve Benen: how would certain elements of the partisan press be reacting if Reince Priebus had just been elected to chair the Democratic Party?

Posted in Politics: US, U.Miami | 1 Comment

Robert Rosen on the Roles and Dilemmas of Attorneys in Advising Corporations

This is pretty cool: my colleague Robert Rosen has just had his Ph.D dissertation — written many years ago and apparently something of a cult classic — published.

Here’s the publisher’s blurb:

The recognized study of the disparate roles that corporate attorneys play in representing and advising their institutional clients. Long passed around and cited by scholars and lawyers as an unpublished manuscript, the book is also accessible to a wide audience and includes inside interviews. Professor Robert Rosen insightfully explores the choices that lawyers, managers and executives make about how lawyers are involved in corporate processes.

In the companies studied, Rosen showed that corporate lawyers were repeatedly intertwined in decisions—beyond those regarding mere legal compliance—ranging from finance to production to sales to returns to litigation. But the how, when and consequences of their involvements varied. The book analyzes these variations. It examines relations between inside and outside counsel and the management of the corporate legal function. It locates them in a taut framework of organization theory and institutional behavior, a frame and application since referenced for its cogency and explanatory power.

The author, now a senior professor at the University of Miami Law School, repeatedly calls on attorneys to understand the organizational context of their work. His book repeatedly calls out attorneys who ill serve their clients because they failed as organizational analysts. It has since been recognized by legal, ethical, and sociological theorists as a rich resource of corporate analysis and the divergent roles that lawyers play.

The groundbreaking research was conducted at six major manufacturing companies as Rosen interviewed a triad of inside counsel, outside counsel and managers who worked on particular problems. This novel method allowed self-serving statements (especially by the lawyers involved) to be checked and placed in realistic context. More important, because it triangulated how the legal problem was understood, the method brought out how the legal task had been structured. The frames that the lawyers, managers and organization imposed on the legal problems varied widely—and the sources and consequences of these variations are detailed and explained.

The book’s latest edition is now available from Quid Pro Books, but the manuscript has already had scholarly impact and praise. For example, the Yale Law Journal noted in 1996 that “Rosen’s important manuscript is widely cited in recent literature on legal professionalism.”

Posted in Law: Practice, U.Miami | 1 Comment

More on the Legal Corps

I've learned a few more (tentative) details about the UM Law Legal Corps. (See Meet the UM Law Legal Corps Fellowship Program.)

  • The law school has identified an office and three staff persons to run the program, which will be housed off-campus in the Legal Services of Greater Miami-Dade building.
  • The Law School expects to identify at least 300 placement opportunities for graduates, far in excess of the number of graduates expected to choose to (or qualify to) participate.
  • Placement opportunities will be national in scope, including posts as supernumerary law clerks for federal judges, state appeals court judges, and trial court judges. These placements will be as additional clerks for the judges, and should not be cause for the judges to reduce their number of paid clerks.
  • There may even be a few international placement opportunities.
  • Nonlocal legal corps members will participate remotely in the professional development sessions. The law school intends to seek CLE credit in the relevant jurisdictions (and it has experience in this since it runs national conferences).

Of course, it's still early days, and it's all a moving target…

Posted in Law School, U.Miami | 1 Comment

Meet the UM Law Legal Corps Fellowship Program

I mentioned last week that there was some good news about the sequel to the University of Miami Law School Foreclosure Fellowship program. (See U Miami Law Foreclosure Fellowships 2009-2010 Final Report.) We placed eleven recent law graduates with a variety of organizations providing legal assistance to homeowners facing foreclosures. We helped a lot of people, and we also helped some of our graduates find jobs. The program died for lack of funding, but I'm glad to report that it has spawned a bigger, and I hope better, successor in the UM Law Legal Corps Fellowship Program.

Dean Patricia White has announced that she is, in effect, going to clone the Foreclosure Fellows program and expand it beyond fighting foreclosures to encompass a wide range of pro bono activities, and not just in Florida. The law school will pay students who pass a state bar after graduation a stipend of $2,500 per month for up to six months after graduation to do pro bono work. The plan — although I gather things are still a bit fluid — is to run a massively larger program than my eleven graduates, with the goal to reach perhaps as many as 100 new lawyers, or even more (the press release quoted below speaks of “more than 200 potential placements” but one can have more opportunities than takers).

As I understand it, details are still being worked out — including what students will have to do to qualify (although the press release suggests all graduates who pass a bar will be “eligible” it also speaks of those “qualified,” neatly leaving open the issue of whether it will take more than passing a bar to be qualified for a Fellowship), whether we can find a way to provide Fellows with affordable health insurance, the extent to which the law school will take on the responsibility of finding placements for the graduates, and the legal implications of each of these decisions for tax, malpractice, and other types of liability. I'm also a little unclear about how the out-of-state component will work. On the one hand, I think it's great to open up the program to out-of-state bar takers, who would then do pro bono work in the state where they plan to stay. On the other hand, it may be quite hard to arrange for the out-of-staters to participate in the planned “rigorous biweekly professional development sessions” either where they are located or remotely. Not to mention getting them CLE credit. But these are details, and good problems to have as they are the sign of an ambitious program taking off.

What I liked best about Dean's White's presentation of the idea to the faculty at a recent meeting is that she emphasized that her objective was to make the Fellowships both meaningful and prestigious — to match strong graduates with placements where their participation would result in good works; that her aim is to make the Legal Corps something that our graduates will brag about being a part of. That, I think, is a critical goal.

If this sort of thing takes off, I wonder if US legal education will end up with a de facto equivalent to a medical residency, or the UK barrister's pupilage and solicitor's articles. There are pluses (it can be very good training) and minuses (more time before the graduate starts earning a real salary) to these semi-apprenticeship models, but it's something to think about. Arguably, we've had something like that already with judicial clerkships (although they pay better) but we limited them to a small number of students.

Below I reprint the University of Miami School of Law's press release, issued today, announcing the Legal Corps program:

Continue reading

Posted in U.Miami | 9 Comments

U Miami Law Foreclosure Fellowships 2009-2010 Final Report

Back in July, I wrote up a report on the U Miami Law Foreclosure Fellowships that I helped set up last year. They were an unqualified success — indeed, they exceeded my hopes.

To help members of the community caught up in this unprecedented legal and economic disaster, the University of Miami School of Law created a Foreclosure Defense Fellowship program through which new graduates would be paid to provide pro bono representation to South Florida residents in danger of losing their homes. The School of Law thus became one of the first schools in the nation to set up a program to respond to the foreclosure crisis. Although the pay was low, the program allowed the Fellows to get experience in a difficult job market.

The Law School selected eleven Fellows from a pool of about 50 applicants from the J.D. class of 2009 based on relevant experience, grades, and a short essay explaining why applicants were interested in the program.

In every case, both the sponsoring organizations and the Fellows themselves reported that the project was an enormous success, although some participants also had a few suggestions for further improvement or enhancements.

Several of the sponsoring organizations found ways to extend the Fellows' terms beyond the initial 27 week period. And some of the Fellows have since found permanent jobs either with the sponsoring organizations, or with related entities.

For some reason I never got around to blogging about successes of the Fellows and the Fellowship program. Recent events, however, reminded me that I should do so. So I've uploaded the full text of the University of Miami School of Law Foreclosure Fellowships 2009-2010 – Final Report.

My July report ends on a mixed note — at the time I wrote it we didn't have any funding in place to continue the project, although it did spawn a great student-staffed clinic on housing problems more generally. Now, however, there is some really good news on the Fellowship front … but that's for another posting.

Posted in U.Miami | 2 Comments