Appellate attorneys handle cases in appellate courts. Some of us who don’t specialize as much as others handle appeals as part of a regular practice. (I think I have argued about 25 appellate cases over the past 30+ years.) For others, though, it’s all they do.

Then there is the Supreme Court bar. If there’s a formal organization I’m not aware of it, and I—like many, many thousands of others—am admitted to practice before the United States Supreme Court. (Why get admitted to practice before the Court, when having a case before the Court is highly unlikely. Here’s the answer, in “For Lawyers, Joining the Supreme Court Bar is a Vanity Trip” by Orin Kerr.)

No, the Supreme Court bar

It takes no heavy lifting to conclude that too many members of Congress are not up to the challenges we face as a nation. (In many instances, the draw for candidate A or B is a lack of knowledge, being “reg’lar,” etc., and many members of Congress grow little once they are elected.)

With Presidents the issue is different. We expect quick, easy, and painless solutions to complicated problems, long in the making. No one delivers, mostly. ‘Nuff said.

From the Supreme Court, however, I think we should expect plenty. By tradition, if not by law, the justices come to the job with an advanced degree. (Nowhere in the Constitution or the United States Code will you find a requirement

The U.S. Supreme Court works on a schedule akin to your child’s long obsolete school schedule, which was based on an agrarian economy. Kids needed to work the fields during the summer months, so there was no school. (Schools have figured out how much time they spend in the early fall, bringing children back up to where they left off in May, which explains why so many families have Augustus Interruptus when it comes to vacations.) Not so justices, probably ever, and certainly not now! (I’m working on getting information about the origins of the summer vacation; if I get good information, I’ll report it.)

The 2014-15 term begins on October 6, the first Monday in October. (For film buffs,

Last week I wrote about confidentiality. Another core element of attorney ethics is conflicts of interest.

While confidentiality comes within one rule—ER 1.6—with a few touches elsewhere, conflicts of interest take up ERs 1.7-1.12 and lots of subparts. The structure is pretty simple. Current client issues are in ER 1.7, ER 1.8 addresses a dozen special situations, ER 1.9 describes duties owed to former clients, ER 1.10 focuses on indirect conflicts of interest faced by law firms, and ERs 1.11 and 1.12 deal with government attorneys and judges/mediators, respectively. (Lots of material here; you’re getting a “broad brush overview,” and if you have questions about particular situations, please contact me or someone else with expertise regarding the Rules of Professional

Attorneys are regulated in several ways. In Arizona we must pass the bar exam after graduating from law school. We must pass a professional responsibility exam. (That requirement came along after I started practicing, so I missed the privilege.) The Arizona Supreme Court’s Committee on Character and Fitness must bless each applicant, deciding whether he or she has sufficient character and fitness to practice law.

Once we’re admitted, we must adhere to the Rules of Professional Conduct, a set of about 55 substantive rules, most with subparts and all with comments. (Between 2001 and 2003 I spent almost two years on a committee of 17 attorneys and judges who rewrote these rules. Fourteen full-day sessions in Phoenix, plus lots of

~ In for a dime, in for a dollar! Here’s Mark Rubin Writes on same sex marriage.

In Windsor v. United States, the U.S. Supreme Court held unconstitutional that portion of the Defense of Marriage Act (DOMA)—Section 3—which defined marriage as a union between a man and a woman. Windsor forced the federal government to accept marriages entered into lawfully in any state or foreign country. Windsor did not, however, address state same sex marriage laws.

Since Windsor, and relying on its due process/equal protection rationale, trial and appellate courts have found state same-sex marriage bans unconstitutional, with one exception. Many cases are pending. Utah and Virginia, so far, are seeking relief in the Supreme Court.

The Court

Do you own a business? Work in a family business? Does a succession plan exist? Has it been committed to writing?

You’ve probably heard about the generational transfer that we’re in the midst of. The link, which is from YouthBridge Community Foundation, estimates the total transfer at $41,000,000,000,000. No, not $41 billion, but $41 trillion! And that’s in 1998 dollars, which are now worth $1.42. Lots and lots of money, and while the article addresses the accuracy of the $41 trillion estimate, we’re talking about lots and lots of money in any event.

Estate planning matters, and for a small number among us, estate taxes matter too. My subject today is more limited, however. I am focused on succession planning