Josh

November 28, 2016 | The Legal Intelligencer

There is a movement throughout the United States to amend rules of professional conduct to include provisions that prohibit harassment or discrimination in conduct related to the practice of law. The movement is in response to what many observers have termed endemic harassment and discrimination within the legal community. The prevalence of inappropriate conduct was highlighted in Pennsylvania by the disclosure of the use of Pennsylvania government servers to send lewd and offensive email.

By Josh J.T. Byrne

11 minute read

September 27, 2016 | The Legal Intelligencer

All attorneys understand the ­possibility of a legal malpractice claim exists in the abstract. However, as a general rule, attorneys have little appreciation of the scale of the issue. In part, this may be due to our industry's historic lack of attention to the statistical details regarding legal malpractice claims.

By Josh J.T. Byrne

9 minute read

September 13, 2016 | Daily Report Online

Josh Swiger says preparing for litigation is like preparing for his hobby: ultra-endurance mountain bike racing.

By Josh Swiger | Special to the Daily Report

7 minute read

July 22, 2016 | The Legal Intelligencer

There is obvious overlap between legal malpractice and misconduct under the Pennsylvania Rules of Professional Conduct. However, there are important distinctions. The most important distinction is a violation of the Rules of Professional Conduct may not be the basis of a legal malpractice claim against an attorney, but failure to provide competent representation can be the basis for disciplinary action.

By Josh J.T. Byrne

11 minute read

May 23, 2016 | The Legal Intelligencer

In a legal malpractice action, a plaintiff may recover against his or her attorney under a trespass (negligence) or an assumpsit (breach of contract) theory. Historically in Pennsylvania, there was a clear distinction between legal malpractice claims sounding in breach of contract and those sounding in negligence.

By Josh J.T. Byrne

12 minute read

March 31, 2016 | New York Law Journal

President Barack Obama commuted the prison sentences of 61 drug offenders on Wednesday, including more than a third serving life sentences, working to give new energy to calls for overhauling the U.S. criminal justice system.

By Josh Lederman

8 minute read

March 26, 2016 | The Legal Intelligencer

Recently, the constitutionality of the Dragonetti Act, as applied to ­lawyers, was questioned by Chester County Court of Common Pleas Judge Edward Griffith. Griffith, after lengthy examination of the Dragonetti Act's elements and penalties as applied to attorneys, held the Dragonetti Act is unconstitutional as applied to lawyers, in Villani v. Seibert, No. 2012-09795 (Chester Ct. Com. Pl. 2015). The reasoning and ­holding of Griffith was examined and adopted by Judge Mark L. Tunnell, who also found the Dragonetti Act is unconstitutional as applied to lawyers in Estate of Smith v. Freehand H.J., No 2011-04211 (Chester Ct. Com. Pl. 2015).

By Josh J.T. Byrne

16 minute read

March 14, 2016 | Daily Business Review

President Barack Obama is wagering that reforging links between the U.S. and Cuba will do more to change Cuba's single-party government and centrally planned economy than a half-century of confrontation.

By Andrea Rodriguez, Michael Weissenstein and Josh Lederman, Associated Press

6 minute read

March 02, 2016 | Daily Business Review

Appellate courts are reviewing trademark cases posing questions of political correctness, writes attorney Josh E. Saltz.

By Commentary by Josh E. Saltz

5 minute read

January 25, 2016 | The Legal Intelligencer

Yet another law school exam has been written in local newspaper headlines.

By Josh J.T. Byrne

8 minute read