2017’s Most Read: Conflicts & Lawyer Wellness

Like any self-respecting publication, Ethical Grounds will spend the final days of 2017 recapping the year’s most popular posts.  And, by “popular”, I mean “most read.”

Oddly, a single post was the most read every month from April thru November, and, by far, the most read of the year.  It was my post on Alternative Litigation Financing.  Now, I pay for the free version of WordPress, so I don’t have advanced analytics.  So, I’m only guessing when I say that it’s odd that the post was the most read for the year.  Still, here’s my guess.

I posted it in December 2016.  It went virtually unread until April, when its popularity skyrocketed.  Nothing about the topic of Alternative Litigation Financing changed appreciably between December and April.  However, in April 2017, the analytics reflect that hits on the post from searches for “ALF” went through the roof.   Something tells me that most who landed on the post did so not intending to reada about the legal ethics of Alternative Litigation Financing.

At the end of the November, I removed the “ALF” tag.  The result: almost nobody has read the post this month.  This tends to confirm my suspicion that the thousands of readers who ended up landing on the post didn’t really want to be there.

The upshot: while it was read 5 times more often than any other post this year, I’m not counting it in the Top 5.

Now, without further adieu, let’s get to the Top 5.

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Coming in at #5, my post Lateral Transfers: Is VT’s Rule too strict? Part 2.  The post addresses the fact that Rule 1.10 operates to disqualify an entire firm in certain situations in which a conflict follows a new hire from the new hire’s old firm.  Give it a read.  Earlier this month, the Professional Responsibility Board voted to recommend that the Vermont Supreme Court amend Rule 1.10  to allow nonconsensual screening even if a new hire participated personally & substantially in a matter in which the new firm represents a client who is adverse to a client represented by the new hire’s old firm.

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Next, the 4th most read post of the year was Lawyers Helping Lawyers – Keep it on the front burner.   The profession’s struggle with substance abuse & mental health issues is one that we must keep talking about.  As I’ve often written, it’s an access issues.  To ensure access to legal services, we must do our best to ensure access to a full complement of healthy & competent lawyers.

Since I posted the blog, the National Task Force On Lawyer Being issued a report entitled The Path To Lawyer Well-Being: Practical Recommendations for Positive Change. In response, the Vermont Supreme Court has approved the Chief Justice’s idea to create a commission to address lawyer well-being in Vermont.  You should expect to hear more about the commission in the near future. In short, it will consist of representatives from each of the stakeholder groups identified in the report from the National Task Force.  The stakeholders will analyze the recommendations aimed at them and report back to the full commission.

I’ll post #3 and #2 tomorrow.

Thanks for reading this year!

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