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The Ethics of Double Billing
[Editor's note: In this new article for A&FP, Professor Ross takes a fresh look at one of several vexing billing problems he explored in his 1996 book, "The Honest Hour: The Ethics of Time-Based Billing By Attorneys." For his columns on a variety of Constitutional law topics, including a timely, detailed critique of Justice Scalia's controversial recusal refusal, see http://jurist.law.pitt.edu.]
Few practices have subjected lawyers to more public derision than so-called “double billing,” by which attorneys bill two or more clients for different work performed at the same time. Double billing commonly occurs when an attorney riding on an airplane bills one client for his travel time and another client for drafting a motion during the flight. Another common type of double billing occurs when an attorney who represents multiple clients in the same lawsuit bills each client fully for overlapping time (eg, time spent in court) rather than apportioning the time among the clients. A third type occurs when an attorney performs work on several files for a client being sued by multiple parties, and the attorney bills each file fully for overlapping time rather than apportioning the time among the files. Such duplication of time has enabled attorneys to bill herculean numbers of hours, sometimes more than twenty-four in a day.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.