August 9, 2008
Unbundling Begins in Missouri
The Missouri Bar Family Law Conference this week hosted a session explaining Missouri's new Supreme Court rule on unbundling of legal services. The rule provides for express approval of attorney provisions of limited task representation and provides, in the comments, a helpful form for obtaining the client's informed consent to the limited representation. The rule, the product of a multi-year process examining unbundling, is not limited to family law representation, but many task forces and commentators have suggested that family law is the area of practice in which unbundling will have the greatest impact, especially, as an adjunct to mediation.
Read the Missouri Supreme Court's order amending Rule 1.2 (July 1, 2008) (last visited August 8, 2008 bgf)
Faculty may also find helpful the hour free video on Expanding Your Practice by Offering Limited Scope Legal Services: A "Hands On" Family Law Workshop produced by the Practicing Law Institute.
August 7, 2008
Case Law Development: Parental Rights trump student First Amendment rights
The Eleventh Circuit has upheld Florida's statute allowing a student to be excused from reciting the Pledge of Allegiance ONLY with a "written request" from the student's parent. In Frazier v. Winn, the three judge panel reversed the district judge who had held the statute unconstitutional under the classic First Amendment case of West Virginia State Board of Education v. Barnette (1943). The Eleventh Circuit stated:
"We see the statute before us now as largely a parental-rights statute. As such, this case is different from Barnette. . . . The state, in restricting the student's freedom of speech, advances the protection of the constitutional rights of parents."
That the statute applied to all students - - - from kindergarten to the last year of high school - - - did not seem to trouble the court.
Frazier v. Winn, (11th Cir. July 28, 2008)
Read the opinion online (last visited August 7, 2008)(RR)