Wrapping Up the 2010 Term of the SCOTUS

Now that the Supreme Court has released the last of its opinions for this Term, there is a great deal of analysis from reporters and commentators.

The indispensable SCOTUSblog continues to provide daily coverage, including this article on the final week of the Term and a string of articles on the cases released late in the Term by lead reporter, Lyle Deniston. Expect other Term review articles from such sources as United States Law Week.


Lawyer-Mediators and Settlement Agreements

BNA’s Family Law Reporter has published an analysis article, When a Lawyer-Mediator Prepares the Settlement Agreement, which examines the role of lawyers serving as a neutral mediators, pursuant to ABA Model Rule 2.4, which most states have adopted. The author, Robert L. Kehr,  concludes:

The essential question is not whether the lawyer-mediator has engaged in a task normally undertaken by lawyers or that might benefit from the involvement of a lawyer, such as the preparation of a settlement document having important legal significance. The correct question is whether a party to the mediation actually and reasonably believes that the lawyer is providing legal advice and representation, as opposed to acting in a neutral way to assist the parties in their resolution of their dispute. The lawyer-mediator should take all those steps needed in the circumstances to prevent the parties from reasonably believing they are in a lawyer-client relationship. The lawyer-mediator who fails to do so will violate the neutrality premise of Rule 2.4, and also likely will have violated Rule 2.4(b) by failing to make clear the nature of his or her role.

See the full list of BNA titles available to BU Law users here.


Summer Reading

For book lovers, it’s that time of year to think about what to read over the summer. Here are a few of the more interesting suggestions that we’ve seen: