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	<title>Comments on: Anti-Socializing The Legal Profession</title>
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	<link>http://www.briancuban.com/anti-socializing-the-legal-profession/</link>
	<description>Brian Cuban's version of TRUTH, JUSTICE  and the UN-AMERICAN WAY</description>
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		<title>By: bcuban</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-15930</link>
		<dc:creator>bcuban</dc:creator>
		<pubDate>Fri, 02 Jul 2010 20:59:56 +0000</pubDate>
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		<description>Sorry all-you cant use this post to spam back to some &quot;anti carolyn&quot; web site. No further comments will be posted. Do it on  your own web site! </description>
		<content:encoded><![CDATA[<p>Sorry all-you cant use this post to spam back to some &quot;anti carolyn&quot; web site. No further comments will be posted. Do it on  your own web site!</p>
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		<title>By: Charlie is a spammer</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-15928</link>
		<dc:creator>Charlie is a spammer</dc:creator>
		<pubDate>Fri, 02 Jul 2010 20:49:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-15928</guid>
		<description>Funny, &quot;Charlie.&quot; Your name is really Brian. 
 
You are spamming links to your own personal vendetta site. Declasse, at best. </description>
		<content:encoded><![CDATA[<p>Funny, &quot;Charlie.&quot; Your name is really Brian. </p>
<p>You are spamming links to your own personal vendetta site. Declasse, at best.</p>
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		<title>By: Len</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-15733</link>
		<dc:creator>Len</dc:creator>
		<pubDate>Fri, 25 Jun 2010 11:02:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-15733</guid>
		<description>Well clearly it was not Carolyn Elefants&#039;s  &#039;Solo by Choice&#039; but &#039;Solo by Necessity&#039; if she wanted to be a Lawyer, as no &#039;Big Law&#039; firms in the US thought she was good enough to hold down a position as a Lawyer in their establishments, she had to go it alone, I suppose that is the route most Solo&#039;s have had to take when &#039;Big Law&#039; kicks their arse out the door. </description>
		<content:encoded><![CDATA[<p>Well clearly it was not Carolyn Elefants&#039;s  &#039;Solo by Choice&#039; but &#039;Solo by Necessity&#039; if she wanted to be a Lawyer, as no &#039;Big Law&#039; firms in the US thought she was good enough to hold down a position as a Lawyer in their establishments, she had to go it alone, I suppose that is the route most Solo&#039;s have had to take when &#039;Big Law&#039; kicks their arse out the door.</p>
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		<title>By: Steve</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13449</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Tue, 12 Jan 2010 20:52:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13449</guid>
		<description>Check out so-called Blawging Lawyers, who claim to be blogging experts and will sell you their insight.  One of the 2 calls himself a failed attorney who quit practicing law because he was so successful blogging and now teaches attorneys.  Problem is, a little google search of his name and the word disbarred shows that he surrendered his license while 7 charges were pending, including a charge of misappropriation of client funds. </description>
		<content:encoded><![CDATA[<p>Check out so-called Blawging Lawyers, who claim to be blogging experts and will sell you their insight.  One of the 2 calls himself a failed attorney who quit practicing law because he was so successful blogging and now teaches attorneys.  Problem is, a little google search of his name and the word disbarred shows that he surrendered his license while 7 charges were pending, including a charge of misappropriation of client funds.</p>
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		<title>By: Melody Kramer</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13183</link>
		<dc:creator>Melody Kramer</dc:creator>
		<pubDate>Wed, 23 Dec 2009 18:50:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13183</guid>
		<description>. . . I echo the comment from Neil above; I recently attended a seminar for law firm marketing presented by a non-lawyer exclusively for lawyers that was incredibly useful.  Lawyers don&#039;t know everything (why are we so hesitant to acknowledge that?) and can and should seek advice from qualified professionals in other disciplines to assist us on business matters outside of the realm of the actual provision of rendering legal advice and representation from clients.   
 
Social media is a continuing developing phenomenon that dramatically impacts the legal industry and we as lawyers should not shy away from learning more about it.  I would hesitate to brand anyone as an &quot;expert&quot; on the field yet - there just hasn&#039;t been enough time or data to allow anyone to claim that title yet (in my opinion) - but welcome further information from whatever sources are there.   
 
Now, can we stop saying nasty things about each other?  In the spirit of Christmas, if for no other reason :-) </description>
		<content:encoded><![CDATA[<p>. . . I echo the comment from Neil above; I recently attended a seminar for law firm marketing presented by a non-lawyer exclusively for lawyers that was incredibly useful.  Lawyers don&#39;t know everything (why are we so hesitant to acknowledge that?) and can and should seek advice from qualified professionals in other disciplines to assist us on business matters outside of the realm of the actual provision of rendering legal advice and representation from clients.   </p>
<p>Social media is a continuing developing phenomenon that dramatically impacts the legal industry and we as lawyers should not shy away from learning more about it.  I would hesitate to brand anyone as an &quot;expert&quot; on the field yet &#8211; there just hasn&#39;t been enough time or data to allow anyone to claim that title yet (in my opinion) &#8211; but welcome further information from whatever sources are there.   </p>
<p>Now, can we stop saying nasty things about each other?  In the spirit of Christmas, if for no other reason <img src='http://www.briancuban.com/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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		<title>By: Melody Kramer</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13184</link>
		<dc:creator>Melody Kramer</dc:creator>
		<pubDate>Wed, 23 Dec 2009 18:50:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13184</guid>
		<description>I am a little confused about the &quot;cat fighting&quot; going on here.  I&#039;ll confess, I have not checked for criminal records, bar registration status, etc. of anyone posting above, nor do I routinely check such things for people involved in some manner in the legal industry that twitter or blog.  Why?  Because I am not paying them any money for anything.  Obviously if you are doing business with someone you should satisfy yourself (by whatever means are sufficient to you) that they have sufficient expertise or information to warrant you writing them a check.  . . . 
 </description>
		<content:encoded><![CDATA[<p>I am a little confused about the &quot;cat fighting&quot; going on here.  I&#039;ll confess, I have not checked for criminal records, bar registration status, etc. of anyone posting above, nor do I routinely check such things for people involved in some manner in the legal industry that twitter or blog.  Why?  Because I am not paying them any money for anything.  Obviously if you are doing business with someone you should satisfy yourself (by whatever means are sufficient to you) that they have sufficient expertise or information to warrant you writing them a check.  . . .</p>
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		<title>By: Neil W. Tyra, Esq.</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13172</link>
		<dc:creator>Neil W. Tyra, Esq.</dc:creator>
		<pubDate>Tue, 22 Dec 2009 20:03:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13172</guid>
		<description>I am not sure that I believe that only an attorney who has practiced law can sell on-line marketing and development programs to attorneys. In fact, I recently attended a widely known, and I believe respected, seminar for law firm marketing presented by a group of non-lawyers exclusively for lawyers. They made it perfectly clear up front and often that they were not attorneys, had never practiced law, had never worked in a law firm, etc. Nevertheless, I found the information, strategies, and approaches to be extremely useful and pragmatic. 
 
Of course, this is somewhat different from the premise that Cuban was originally writing about and far from the cat fighting above. </description>
		<content:encoded><![CDATA[<p>I am not sure that I believe that only an attorney who has practiced law can sell on-line marketing and development programs to attorneys. In fact, I recently attended a widely known, and I believe respected, seminar for law firm marketing presented by a group of non-lawyers exclusively for lawyers. They made it perfectly clear up front and often that they were not attorneys, had never practiced law, had never worked in a law firm, etc. Nevertheless, I found the information, strategies, and approaches to be extremely useful and pragmatic. </p>
<p>Of course, this is somewhat different from the premise that Cuban was originally writing about and far from the cat fighting above.</p>
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		<title>By: Eric T.</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13135</link>
		<dc:creator>Eric T.</dc:creator>
		<pubDate>Fri, 18 Dec 2009 02:15:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13135</guid>
		<description>&gt;&gt;See Brian, here in NY a non-barred attorney can play a role in the law office to a certain extent and I am contemplating not playing that role - therefore the &quot;hiatus&quot;. &lt;&lt; 
 
Whoa. New rule?  The rule here in New York is as follows: 
 
&gt;&gt;It is clearly improper for a lawyer or law firm to employ a disbarred or suspended attorney in any capacity related to the practice of law.. &lt;&lt; 
 
In other words, you are treated differently than someone that never went to law school. Where that person could be a paralegal or secretary, for instance, a disbarred attorney cannot. 
 
But don&#039;t take my word for it. See this ethics opinion: 
&lt;a href=&quot;http://www.abcny.org/Publications/reports/show_html.php?rid=145&quot; target=&quot;_blank&quot;&gt;http://www.abcny.org/Publications/reports/show_ht...&lt;/a&gt; 
 
Also, you will note that the ethics opinions of the state referred to &quot;disbarred&quot; attorneys. I&#039;ve never  heard the term &quot;nonbarred&quot; attorney. Nice euphemism. I&#039;ll assume you just made that up because I Googled the phrase and there were so few  hits returned.  
 
But you won&#039;t be fooling anyone if you persist with the usage.  I suspect it will just make it harder for you to get re-instated one day. And it probably won&#039;t look so hot at sentencing either.  You might want to get the advise of a social media expert to help prevent such flubs. 
 
 </description>
		<content:encoded><![CDATA[<p>&gt;&gt;See Brian, here in NY a non-barred attorney can play a role in the law office to a certain extent and I am contemplating not playing that role &#8211; therefore the &quot;hiatus&quot;. &lt;&lt; </p>
<p>Whoa. New rule?  The rule here in New York is as follows: </p>
<p>&gt;&gt;It is clearly improper for a lawyer or law firm to employ a disbarred or suspended attorney in any capacity related to the practice of law.. &lt;&lt; </p>
<p>In other words, you are treated differently than someone that never went to law school. Where that person could be a paralegal or secretary, for instance, a disbarred attorney cannot. </p>
<p>But don&#039;t take my word for it. See this ethics opinion:<br />
<a href="http://www.abcny.org/Publications/reports/show_html.php?rid=145" target="_blank"></a><a href="http://www.abcny.org/Publications/reports/show_ht..">http://www.abcny.org/Publications/reports/show_ht..</a>. </p>
<p>Also, you will note that the ethics opinions of the state referred to &quot;disbarred&quot; attorneys. I&#039;ve never  heard the term &quot;nonbarred&quot; attorney. Nice euphemism. I&#039;ll assume you just made that up because I Googled the phrase and there were so few  hits returned.  </p>
<p>But you won&#039;t be fooling anyone if you persist with the usage.  I suspect it will just make it harder for you to get re-instated one day. And it probably won&#039;t look so hot at sentencing either.  You might want to get the advise of a social media expert to help prevent such flubs.</p>
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		<title>By: brian tannebaum</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13132</link>
		<dc:creator>brian tannebaum</dc:creator>
		<pubDate>Thu, 17 Dec 2009 20:49:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13132</guid>
		<description>Kathleen, I can&#039;t win an argument with someone who makes it up as they go along. Go play with the others on twitter that share your love for hiding the truth about their backgrounds. Go build yourself a Headway blog.
.-= brian tannebaum&#180;s last blog ..&lt;a href=&quot;http://feedproxy.google.com/~r/blogspot/yNvw/~3/Z0PS9TUNC2Q/do-lawyers-need-protection-from.html&quot; rel=&quot;nofollow&quot;&gt;Do Lawyers Need Protection From Themselves On Twitter?&lt;/a&gt; =-.</description>
		<content:encoded><![CDATA[<p>Kathleen, I can&#8217;t win an argument with someone who makes it up as they go along. Go play with the others on twitter that share your love for hiding the truth about their backgrounds. Go build yourself a Headway blog.<br />
<span class="cluv"> brian tannebaum&#180;s last blog ..<a href="http://feedproxy.google.com/~r/blogspot/yNvw/~3/Z0PS9TUNC2Q/do-lawyers-need-protection-from.html">Do Lawyers Need Protection From Themselves On Twitter?</a> <span class="heart_tip_box"><img class="heart_tip" alt="My ComLuv Profile" border="0" width="16" height="14" src="http://www.briancuban.com/wp-content/plugins/commentluv/images/littleheart.gif"/></span></span></p>
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		<title>By: @kasesq94</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13119</link>
		<dc:creator>@kasesq94</dc:creator>
		<pubDate>Thu, 17 Dec 2009 17:55:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13119</guid>
		<description>See Brian, here in NY a non-barred attorney can play a role in the law office to a certain extent and I am contemplating not playing that role - therefore the &quot;hiatus&quot;. 
 
Further, I did not check the status of my attorney registration (which entails a form and a check) when I prepared my resignation affidavit. 
 
Try again. </description>
		<content:encoded><![CDATA[<p>See Brian, here in NY a non-barred attorney can play a role in the law office to a certain extent and I am contemplating not playing that role &#8211; therefore the &quot;hiatus&quot;. </p>
<p>Further, I did not check the status of my attorney registration (which entails a form and a check) when I prepared my resignation affidavit. </p>
<p>Try again.</p>
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		<title>By: brian tannebaum</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13118</link>
		<dc:creator>brian tannebaum</dc:creator>
		<pubDate>Thu, 17 Dec 2009 17:45:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13118</guid>
		<description>&quot;I resigned from the Bar before the plea.&quot; Funny, on twitter she said she didn&#039;t know her status with the new york bar was &quot;delinquent&quot; and she would talk to her partner about whether her dues were paid. She also said on twitter that she was &quot;contemplating a hiatus from law.&quot; 
 
How are you &quot;contemplating a hiatus from law&quot; if you &quot;resigned from the Bar before the plea,&quot; unless you&#039;re just flat lying? 
 
I just can&#039;t keep track anymore.  
 
 </description>
		<content:encoded><![CDATA[<p>&quot;I resigned from the Bar before the plea.&quot; Funny, on twitter she said she didn&#039;t know her status with the new york bar was &quot;delinquent&quot; and she would talk to her partner about whether her dues were paid. She also said on twitter that she was &quot;contemplating a hiatus from law.&quot; </p>
<p>How are you &quot;contemplating a hiatus from law&quot; if you &quot;resigned from the Bar before the plea,&quot; unless you&#039;re just flat lying? </p>
<p>I just can&#039;t keep track anymore.</p>
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		<title>By: @kasesq94</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13117</link>
		<dc:creator>@kasesq94</dc:creator>
		<pubDate>Thu, 17 Dec 2009 17:07:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13117</guid>
		<description>Thank you Brian - I appreciate it.  As you can imagine, it has been a difficult journey and your comment has been the first civil one since the other night. 
 
Of course the problem is the question - What next?  The role nonbarred attorneys can play in the law varies from jurisdiction to jurisdiction with the question unsettled here in New York.  I do not believe there is any such requirement concerning employment in other arenas.  As far as disclosure, the questions are 1) is it necessary and if so 2) to what extent. 
 
I understand your concern, however these matters are public record and if the criminal action bears no relationship whatsoever to the proposed business, I have to opine that the attorney should not have to disclose without being questioned directly by the customer.  A lot of good people make mistakes as well as innocents being convicted of crimes they did not commit.  Many have families depending on them for support and they should be able to work.  It is a difficult issue to say the least.  
 
I think it is up to the consumer to be informed just like in any other business venture. It is easy enough to discern the charlatan from the real deal. 
 </description>
		<content:encoded><![CDATA[<p>Thank you Brian &#8211; I appreciate it.  As you can imagine, it has been a difficult journey and your comment has been the first civil one since the other night. </p>
<p>Of course the problem is the question &#8211; What next?  The role nonbarred attorneys can play in the law varies from jurisdiction to jurisdiction with the question unsettled here in New York.  I do not believe there is any such requirement concerning employment in other arenas.  As far as disclosure, the questions are 1) is it necessary and if so 2) to what extent. </p>
<p>I understand your concern, however these matters are public record and if the criminal action bears no relationship whatsoever to the proposed business, I have to opine that the attorney should not have to disclose without being questioned directly by the customer.  A lot of good people make mistakes as well as innocents being convicted of crimes they did not commit.  Many have families depending on them for support and they should be able to work.  It is a difficult issue to say the least.  </p>
<p>I think it is up to the consumer to be informed just like in any other business venture. It is easy enough to discern the charlatan from the real deal.</p>
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		<title>By: bcuban</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13115</link>
		<dc:creator>bcuban</dc:creator>
		<pubDate>Thu, 17 Dec 2009 15:15:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13115</guid>
		<description>Kathleen-All I know what I read about your situation is what I read after I Googled the other day. I wish you the best in resolving it.  I however am concerned that there seems to be a strong correlation developing between attorneys in your situation and those moving into the social media realm without disclosing the truth of their backgrounds to the same level they would have to if they were generating legal business as an attorney.   A previous commentator implied that it is Caveat Emptor, is that what we have degraded to in the legal profession? Its easy to be honorable when times are good.... The real test of character is now. </description>
		<content:encoded><![CDATA[<p>Kathleen-All I know what I read about your situation is what I read after I Googled the other day. I wish you the best in resolving it.  I however am concerned that there seems to be a strong correlation developing between attorneys in your situation and those moving into the social media realm without disclosing the truth of their backgrounds to the same level they would have to if they were generating legal business as an attorney.   A previous commentator implied that it is Caveat Emptor, is that what we have degraded to in the legal profession? Its easy to be honorable when times are good&#8230;. The real test of character is now.</p>
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		<title>By: @kasesq94</title>
		<link>http://www.briancuban.com/anti-socializing-the-legal-profession/comment-page-1/#comment-13114</link>
		<dc:creator>@kasesq94</dc:creator>
		<pubDate>Thu, 17 Dec 2009 15:03:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.briancuban.com/?p=10373#comment-13114</guid>
		<description>Interesting perspective of which I agree with to a certain extent. There is an explosion of people seeking clients in the area of legal marketing. Attorneys need to be educated consumers and I would think have the necessary knowledge and tools to be able to differentiate between the charlatan and the actual expert.  With respect to the discussion involving myself and Mr. Tannenbaum my comments are as follows: 
 
1. I have NEVER posted any solicitations for business as a social media &quot;expert&quot; or in any role for that matter.  
 
2. The clients &amp; colleagues (and I am not referring to attorneys) that I have assisted in the social media realm sought me out and I merely helped them create online profiles, blogs, linking them together for single updates and how to manage information so as not to be overwhelmed by &quot;information overload&quot; and the importance of providing meaningful content. 
 
3. The twitter profile was the ONLY profile I had not yet updated.  I don&#039;t often visit Twitter directly as I access the Twitter feed through TweetDeck. I still have to change the background.  Unfortunately, I do not have the photoshop file with the layers anymore so I need to redesign it from scratch.   
 
4. I resigned from the Bar before the plea.  However, nothing is effective until an Order is entered removing my name from the Roll of Attorneys - therefore, I have not violated any rules. 
 
5. As I cannot obviously discuss the case and the plea as of yet I will save that for a later day. But, I did discuss that I was involved in this mess on twitter - Mr. Tannenbaum&#039;s research did not go far enough evidently. 
 
6. As far as business goes, I am in a position where I do not need to rely on the  income from a &quot;successful law practice&quot;. I practiced transactional real estate law - the revenues are nowhere near the income of say litigators, criminal attorneys and so forth.  I represented buyers and sellers and acted as a settlement agent for the Lender.  I practiced because I enjoyed it. 
 
What I would like to know is what happened to civility? I have never mounted a personal attack on anyone online and nor would I.  I am quite surprised by the name calling and the snide remarks that flew fast and furious on Twitter as well as other sites.  You would expect that kind of behavior from perhaps teenagers but certainly not esteemed members of the Bar.  I find that to be more damaging to the profession then someone posting their degree after their name. 
 </description>
		<content:encoded><![CDATA[<p>Interesting perspective of which I agree with to a certain extent. There is an explosion of people seeking clients in the area of legal marketing. Attorneys need to be educated consumers and I would think have the necessary knowledge and tools to be able to differentiate between the charlatan and the actual expert.  With respect to the discussion involving myself and Mr. Tannenbaum my comments are as follows: </p>
<p>1. I have NEVER posted any solicitations for business as a social media &quot;expert&quot; or in any role for that matter.  </p>
<p>2. The clients &amp; colleagues (and I am not referring to attorneys) that I have assisted in the social media realm sought me out and I merely helped them create online profiles, blogs, linking them together for single updates and how to manage information so as not to be overwhelmed by &quot;information overload&quot; and the importance of providing meaningful content. </p>
<p>3. The twitter profile was the ONLY profile I had not yet updated.  I don&#039;t often visit Twitter directly as I access the Twitter feed through TweetDeck. I still have to change the background.  Unfortunately, I do not have the photoshop file with the layers anymore so I need to redesign it from scratch.   </p>
<p>4. I resigned from the Bar before the plea.  However, nothing is effective until an Order is entered removing my name from the Roll of Attorneys &#8211; therefore, I have not violated any rules. </p>
<p>5. As I cannot obviously discuss the case and the plea as of yet I will save that for a later day. But, I did discuss that I was involved in this mess on twitter &#8211; Mr. Tannenbaum&#039;s research did not go far enough evidently. </p>
<p>6. As far as business goes, I am in a position where I do not need to rely on the  income from a &quot;successful law practice&quot;. I practiced transactional real estate law &#8211; the revenues are nowhere near the income of say litigators, criminal attorneys and so forth.  I represented buyers and sellers and acted as a settlement agent for the Lender.  I practiced because I enjoyed it. </p>
<p>What I would like to know is what happened to civility? I have never mounted a personal attack on anyone online and nor would I.  I am quite surprised by the name calling and the snide remarks that flew fast and furious on Twitter as well as other sites.  You would expect that kind of behavior from perhaps teenagers but certainly not esteemed members of the Bar.  I find that to be more damaging to the profession then someone posting their degree after their name.</p>
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