Certificate of Merit Pursuant to CPLR 3012-b (New York)

Pursuant to L. 2013, c. 306, effective August 30, 2013, plaintiffs commencing residential foreclosure actions are required to serve and file a certificate of merit, together with copies of relevant financial documents, with the summons and complaint. In response to requests from the bar, the Office of Court Administration has drafted a model form for this purpose. Practitioners may, of course, employ their own form of certificate to comply with the statute; use of the OCA model form is not mandatory.

Can You Disseminate Embarrassing Client Information Online And Get Away With It?-LAWYERIST

Every so often an ethics case comes along that has the potential for far-reaching ramifications. Hunter v. Virginia State Bar is one. It could mean lawyers can wilfully disseminate client information for their own gain without violating client confidentiality rules, but also that lawyers cannot blog about their practices and their successes without disclaimers. The legal ethics world is abuzz with whatHunter will mean across the country.

Read entire article here.

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Appeals Court Says Facebook ‘Likes’ Are Protected Speech-National Law Journal

Mike Scarcella:

In the Internet arena, “liking” a Facebook page is protected speech that’s equivalent to sticking a political campaign sign in your front yard, a federal appeals court in Virginia said Wednesday in a closely watched First Amendment retaliation case.

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit overturned a trial judge who concluded that the act of “liking” a Facebook page does not come with constitutional protection. The appeals court revived certain claims in a suit against a Virginia sheriff who didn’t reappoint a group of employees who supported a rival candidate for office.

“On the most basic level, clicking on the ‘like’ button literally causes to be published the statement that the user ‘likes’ something, which is itself a substantive statement,” Chief Judge William Traxler Jr. wrote in the Fourth Circuit ruling. “Aside from the fact that liking the Campaign Page constituted pure speech, it also was symbolic expression.”

Read more: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202619788091&Appeals_Court_Says_Facebook_Likes_Are_Protected_Speech#ixzz2fMe1kmRg

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Pro Bono Requirement Modified to Help LL.M. Students-NYLJ

Joel Stashenko:

ALBANY – Responding to concerns voiced by law school deans, New York will give foreign master of law degree students more time to meet the requirement that new lawyers perform 50 hours of pro bono service before being admitted to the bar.

The Advisory Committee on New York State Pro Bono Bar Admission Requirements has decided that the previous interpretation of the state pro bono rules giving LL.M. students as little as a year to fulfill the 50-hour requirement was too limited.

Under an updated guide to the new rules released on Aug. 26, the committee said pro bono work performed by foreign students one year before they begin their course of study will count toward meeting the 50-hour obligation for entry to the New York bar.

Read more: http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202619280542&Pro_Bono_Requirement_Modified_to_Help_LLM_Students#ixzz2fMZLXnG1

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