Counselor at Risk: Does Specialization Threaten the Attorney’s Function as Counselor?

Many law firm shingles still read “Attorneys and Counselors at Law.”  Each term carries with it a distinct meaning and independent importance in the legal profession.  Do we risk marginalizing the counselor role as we strive to achieve efficiencies in the delivery of legal services through specialization?  And if so, why does it matter?

Lawyers are trained to analyze the law and to prepare legal documents; however, in order to provide effective legal advice, and in order to exercise their highest and best use in our justice system, lawyers must possess much more than technical knowledge and skills.  Lawyers must also be able to fulfill their roles as counselors.  This requires that they be able to craft creative solutions, sustain client morale during difficult times, and to offer wisdom and sound judgment, not just knowledge.  (See, e.g., Anthony L. Cochran, They Don’t Call Us “Counselor” For Nothing.)

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Some Thoughts on the Meaning of a Second Obama Term for Labor and Employment Law

In light of President Obama’s resounding re-election victory last night, and other developments in political races down the ticket, here are some of my initial thoughts on what might happen in the labor and employment law area during a second Obama administration:

First, I think the verdict is still very much out on  whether there will be any significant changes regarding labor and employment legal initiatives in President Obama’s second term.  It is interesting that the President did not spend too much time during the campaign, or in his victory speech last night, discussing worker rights or unions.

On the one hand, the Congress remains bitterly divided between the two parties which means that labor law reform in the form of the Employee Free Choice Act is highly unlikely, as well as updates to the employment discrimination laws, like adding sexual orientation as a protected classification under Title VII or addressing “qualified individuals” under the Americans with Disabilities Act.  I also do not envision major changes to the FMLA or OSHA in a second term, though I suspect there will be additional attempts to amend the Equal Pay Act by trying to get the Paycheck Fairness Act passed.

On the other hand, there will be plenty of room for agency decisionmakers to work on the margins and within their own domains.  

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Today’s Most Important Assignment

About a month ago, Anna Kloeden raised thought-provoking questions about how a compulsory voting system might affect the candidates’ substantive positions as well as the ways in which campaigns are conducted. Her post made me wonder what is known about nonvoters. How numerous are they? Where are they on the political spectrum? What are the reasons they don’t vote?

According to a report from the U.S. Census Bureau, 64% of voting-age citizens voted in the 2008 presidential elections, and 71% were registered to vote. The report notes significant variations in voting turn-out depending on race / origin (non-Hispanic blacks and whites had significantly higher voting rates than Asians and Hispanics), age (voting rates increased with age), and education level (higher education levels corresponded with higher voting rates). Nonvoters are not without opinions. A recent survey by the Pew Research Center suggests that non-voting hurts the Democrats: nonvoters overwhelmingly favor Obama (59%) over Romney (24%), and the Democrats (52%) over the Republican Party (27%). Nonvoters express stronger support for a more active government and for the 2010 health care law. As for foreign policy issues, withdrawal of U.S. forces from Afghanistan finds significantly more support under nonvoters than under likely voters. Nonvoters are less supportive of an aggressive stance toward Iran because of its nuclear program.

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