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The Docket

The rulings and rules that
change how firms run.

The rulings, rules, and shifts that change how firms run.

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    A thick stack of blank printed pages, a desktop calculator with a blank display, a closed laptop, a small tray of paper clips and a blank manila folder on a wooden desk by a window. No people are in the frame.
    CourtsNovember 5, 2026

    PACER Rises to 12 Cents a Page on January 1, 2027. What Stays Free, and What the Cap Still Does

    The federal courts raise PACER's per-page rate from 10 to 12 cents and its quarterly waiver from $30 to $40, for five years. Opinions stay free, and the announcement does not mention the $3 document cap.

    The Archivar Editorial Desk · 5 min readRead
    A dark wooden desk in a small office with an open laptop angled away, a blank yellow legal pad with a pen, a stack of manila folders, a USB flash drive and a spiral notebook. No people are in the frame.
    PracticeNovember 4, 2026

    Best law practice management software: the eight questions no ranking answers

    Rankings cannot know your state's trust accounting rule, your headcount or how your matters begin. What a small firm should compare before buying, and what to ask every vendor for in writing.

    The Archivar Editorial Desk · 6 min readRead
    A closed binder with blank index tabs, two sealed blank envelopes, a smartphone lying face down and a small analog desk clock on a wooden desk by a window. No people are in the frame.
    LegislationNovember 4, 2026

    California Wants a Copy of Your Merger Filing, Starting January 1, 2027

    Under SB 25, a federal Hart-Scott-Rodino filer with a California connection must send the Attorney General a copy within one business day. There is no waiting period, but a daily penalty applies.

    The Archivar Editorial Desk · 5 min readRead
    A wooden office desk with a stack of closed manila folders, a small analog stopwatch resting on top, a blank yellow legal pad and a pen. No people are in the frame.
    CourtsNovember 3, 2026

    The $75,000 Change That Decides Which Texas Lawsuits Run on the Fast Track

    The Supreme Court of Texas moved the line in Rules 47 and 169 from $250,000 to $325,000. A pleaded amount in that band now sets the discovery limits, the trial clock and the judgment cap.

    The Archivar Editorial Desk · 5 min readRead
    A wooden desk by a window with a closed green clothbound book, a pocket calculator, a closed manila folder, a phone lying face down and a blank yellow legal pad. No people are in the frame.
    EthicsNovember 2, 2026

    Michigan lawyers split over when earned fees can leave trust, and whether a retainer can be nonrefundable

    A proposed Michigan Rule 1.15(c) would set when earned fees leave a client trust account and when a retainer can be called nonrefundable. Solo lawyers and the State Bar object to different parts of it.

    The Archivar Editorial Desk · 5 min readRead
    A plain conference table with a signed sheet of paper, a pen, a manila folder, a phone and a yellow legal pad, and two empty chairs by a window. No people are in the frame.
    CourtsNovember 2, 2026

    A client's mother signed a confidentiality form, and Arizona's high court held that a form cannot create privilege

    Arizona's Supreme Court overruled Accomazzo v. Kemp in Gelvin v. Parker. A lawyer's talks with a family member stay privileged only when that person's presence is objectively necessary, and the party claiming privilege must prove it.

    The Archivar Editorial Desk · 5 min readRead
    A worn wooden hall table beside a front door, lit by a warm lamp: a stack of plain blank envelopes, a folded newspaper, a brass letter opener and a brass key in a dish. No people are in the frame.
    Legal HistoryOctober 30, 2026

    A 1950 trust fund case still decides whether the notice of a lawsuit was good enough

    A bank told the beneficiaries of 113 trusts about its accounting by newspaper alone. Mullane v. Central Hanover (1950) set the notice standard courts still apply, from certified mail to email.

    The Archivar Editorial Desk · 5 min readRead
    A row of plain unlabeled steel food tins and a jar of dried herbs on a granite kitchen counter, with a closed manila folder and a blank yellow legal pad with a black pen in front. No people are in the frame.
    LegislationOctober 30, 2026

    California's AB 2577 will let judges cut the attorney's fees in a Prop 65 settlement, but never raise them

    A court asked to approve a Proposition 65 settlement will need a new public-benefit finding, and a disputed fee can be decided on its own track at or below the agreed figure.

    The Archivar Editorial Desk · 5 min readRead
    A closed administrative code binder, a single blank sheet, a wooden-handled rubber stamp beside an empty ink pad and a black pen on a worn wooden desk, with a desert landscape in late light through the window. No people are in the frame.
    EthicsOctober 29, 2026

    Arizona's Nonlawyer-Owned Law Firms Must Now Serve Arizonans “At Least in Part,” and the State Bar Wanted Those Words Cut

    Arizona's Supreme Court added a local-benefit test to its licensing code for nonlawyer-owned firms. The State Bar objected to the wording, a consultant urged a broader test, and the order kept the text.

    The Archivar Editorial Desk · 6 min readRead
    A county courthouse filing counter with a closed manila folder, a metal date stamp, a black stapler, a pad of blank paper and a clipboard lying face down. No people are in the frame.
    CourtsOctober 29, 2026

    Pennsylvania rewrites its fee-waiver procedure on November 1, with a 200% poverty line and a $10,000 asset test

    A Supreme Court order moves fee waivers out of Rule 240 and into a new statewide rule with three routes to a waiver and a 30-day window to pay after a denial. It takes effect November 1, 2026.

    The Archivar Editorial Desk · 6 min readRead
    Two closed manila folders with blank tabs lying side by side on a wooden desk, a black pen across one of them, with a desk phone, a stack of blank index cards and a blank yellow legal pad. No people are in the frame.
    EthicsOctober 28, 2026

    California's Rule 1.7(c) makes lawyers disclose relationships even when there is no conflict. Two proposals would cut it back.

    A State Bar committee approved two alternative amendments to Rule 1.7 on September 11, 2026. One deletes the disclosure paragraph, the other strikes three words. Public comments close November 3, 2026.

    The Archivar Editorial Desk · 5 min readRead
    A laptop seen from behind on a wooden dining table, with a blank sheet of paper and a black pen, a smartphone lying face down, a manila folder and a small potted plant. No people are in the frame.
    LegislationOctober 28, 2026

    New York's electronic wills start December 12, 2027, and a will not filed within 30 days is invalid

    New York's Electronic Wills Act now takes effect on December 12, 2027, two years after enactment. A will not filed with the court system within 30 days of execution is deemed invalid.

    The Archivar Editorial Desk · 5 min readRead
    An empty wooden witness box in a courtroom in flat daylight, with a black chair, a gooseneck microphone and a closed brown accordion file resting on the ledge. No people are in the frame.
    CourtsOctober 26, 2026

    The one-word change to Federal Rule of Evidence 609 that cleared two committees and was then pulled back

    Adding “substantially” to the test for impeaching a testifying defendant with a prior conviction passed the Advisory Committee 7-2 and the Standing Committee unanimously, then was withdrawn after Judicial Conference concerns.

    The Archivar Editorial Desk · 7 min readRead
    A plain office desk in flat daylight: a closed laptop, a desk phone, a stack of manila folders with blank tabs, an open box of blank white cards, a yellow legal pad with a pen, a stapler and a lanyard with a blank white badge, with an empty mesh office chair pushed up to the desk. No people are in the frame.
    EthicsOctober 26, 2026

    Can a law graduate who is not yet admitted sign the firm's emails? New York's ethics committee says yes, with one disclosure

    NYSBA Ethics Opinion 1306 lets New York firms list unadmitted law graduates on their websites and have them sign correspondence, if non-admission is disclosed clearly and conspicuously. Short wording like “Not yet admitted” is enough.

    The Archivar Editorial Desk · 6 min readRead
    A plain folding table in a community center clinic room with a blank clipboard, a closed manila folder, a blank blue lanyard badge, a box of tissues and a phone lying face down, with two empty black chairs and a window behind. No people are in the frame.
    The ProfessionOctober 23, 2026

    The Nonlawyer Legal Help Rule California's Supreme Court Now Has to Decide

    Proposed Rule of Court 9.45.1 would let trained nonlawyers give limited legal help under legal aid lawyers. The State Bar's Board recommended a modified version in mid-September 2026. The court has not acted.

    The Archivar Editorial Desk · 5 min readRead
    A closed navy spiral-bound binder with blank tabs and a black pen on top, a manila folder stack and a phone lying face down on a wooden table, with a plain wall clock in the background. No people are in the frame.
    PracticeOctober 23, 2026

    An Indiana beneficiary's malpractice clock can start before the settlor dies, the Court of Appeals says

    Two adult children waited until their father died to sue the lawyer who drafted his trust. In Beaman v. Crump (October 14, 2026), the Indiana Court of Appeals held the two-year clock began when the trust was signed, not at death.

    The Archivar Editorial Desk · 5 min readRead
    A court clerk's filing counter with nobody behind it: a stack of closed manila folders on the left, a rubber date stamp and ink pad in the middle, an empty wire tray on the right, a beige desk phone and a rolling file cart behind. No people are in the frame.
    CourtsOctober 22, 2026

    Federal clerks must enter a default today, and a proposal would let them pass it to the judge instead

    A proposed amendment to Federal Rule of Civil Procedure 55 would replace “must” with “may either” for clerks, who could enter a default or refer it to the judge. Comments are open until February 15, 2027.

    The Archivar Editorial Desk · 5 min readRead
    An empty courtroom jury box in daylight: two rows of upholstered swivel chairs behind a wooden railing, a blue lanyard hanging from one chair, and a clipboard on a small shelf. No people are in the frame.
    LegislationOctober 22, 2026

    Illinois will require pay for jury duty on January 1, 2027, but the law never defines “regular rate of pay”

    Public Act 104-0683 requires Illinois employers with more than 25 employees to pay for time served on a jury. It sets no cap on paid days and leaves several pay questions open.

    The Archivar Editorial Desk · 5 min readRead
    An empty exam hall in flat daylight: rows of plain wooden tables, each with a closed grey laptop, a blank sheet of paper and a yellow pencil, black chairs, tall windows and a plain round wall clock. No people are in the frame.
    CourtsOctober 21, 2026

    California will give the NextGen bar exam in July 2028 after members of 63 bar associations objected to the pace

    The California Supreme Court adopted the NextGen Uniform Bar Exam on July 15, 2026. Law school deans backed it, members of 63 bar associations objected to the pace and cost, and a California component is still undecided.

    The Archivar Editorial Desk · 6 min readRead
    A grey office table in window daylight: two separate stacks of closed manila folders with a gap between them, a small round desk clock, a blank yellow legal pad, a black pen and a binder clip, with a plant by the window. No people are in the frame.
    CourtsOctober 21, 2026

    In Nevada, beating an offer of judgment no longer wins the whole contingency fee

    In Clark v. Marin (July 2, 2026), the Nevada Supreme Court overruled its 2021 Capriati decision: a fee award after a plaintiff beats a Rule 68 offer must reflect only post-offer work. What changes for both sides.

    The Archivar Editorial Desk · 6 min readRead
    A polished wooden conference table in a law office in window daylight: a closed black binder, a stack of contract pages lying face down, a desk calculator, a blue pen, a phone face down and a closed green ledger, with two empty chairs and shelves of law books behind. No people are in the frame.
    LegislationOctober 20, 2026

    In Colorado, a competing firm can now sue over who shares your fees

    HB26-1421, effective August 12, 2026, bans fee sharing with nonlawyers and ABS entities, limits MSO pay to flat or hourly amounts, voids noncompliant contracts and lets clients and rival firms sue. Who backed it, who objected, and what to check.

    The Archivar Editorial Desk · 5 min readRead
    A grey office table in window daylight: a half-closed laptop with a dark screen, a phone lying face down, a small external hard drive with a coiled USB cable, a second phone sealed in a clear plastic bag and a closed manila folder, with a filing cabinet behind. No people are in the frame.
    CourtsOctober 20, 2026

    Maine will let a certificate replace the witness for electronic evidence on November 1

    New Maine Rules of Evidence 902(13) and 902(14) let a qualified person's certification authenticate system records and hash-verified device copies, matching the 2017 federal rules. Notice before trial still applies.

    The Archivar Editorial Desk · 6 min readRead
    A dark wooden law office desk in window daylight: a closed manila client folder with a blank tab, a stack of blank stapled pages with a pen lying across it, a desktop calculator and a phone lying face down, with a bookshelf, a plant and a wall clock behind. No people are in the frame.
    EthicsOctober 19, 2026

    A California bar committee called fee conversion clauses prohibited in 2024. Its 2026 draft says not per se.

    COPRAC's third draft of Formal Opinion Interim No. 20-0005 treats contingent fee conversion clauses case by case, after its 2024 draft prohibited them. Comments are open until December 21, 2026.

    The Archivar Editorial Desk · 7 min readRead
    A law firm conference table in daylight: a closed hardcover ledger, a desktop calculator, a blank yellow legal pad with a pen, a closed laptop, a phone lying face down and a stack of manila folders, with empty chairs and a window behind. No people are in the frame.
    PracticeOctober 19, 2026

    A course on pricing legal services can now qualify for CLE credit in Indiana

    Indiana's Supreme Court added law practice management to its CLE approval standard, effective July 10, 2026. Trust accounting, cybersecurity and pricing are eligible by application, and two marketing exclusions were struck.

    The Archivar Editorial Desk · 6 min readRead
    A wooden office side table in window daylight: a closed manila folder with loose sheets inside, a blank yellow legal pad, a pen, a brass compass, a coil of thick rope and a phone lying face down. No people are in the frame.
    Legal HistoryOctober 16, 2026

    A tugboat that sank in 1943 still decides which trial notes the other side can see

    A lawyer interviewed the survivors of a Delaware River tug wreck, and the fight over his notes became Hickman v. Taylor (1947). How Rule 26(b)(3), Upjohn and Nobles apply the work product doctrine now.

    The Archivar Editorial Desk · 7 min readRead
    An empty trial courtroom in daylight seen from the gallery rail: a counsel table holding a thick closed statute book, a stack of manila folders with colored tabs, a yellow legal pad, a pen and a phone, with the empty witness stand and the judge's bench behind. No people are in the frame.
    PracticeOctober 16, 2026

    Wisconsin's evidence code has gone 53 years without a full review. A draft overhaul is open for comment until December 1

    The Wisconsin Judicial Council proposes rewriting chapters 901 to 911 in federal-style plain language, with comments due December 1, 2026. Most changes are labeled non-substantive; one limits expert mental-state opinions in criminal cases.

    The Archivar Editorial Desk · 6 min readRead
    A courthouse lobby security checkpoint in flat daylight: a stainless steel conveyor screening table with a gray plastic bin holding a closed black leather briefcase and a black lanyard, a stack of empty gray bins at the right, and a walk-through metal detector frame behind. No people are in the frame.
    CourtsOctober 15, 2026

    Should lawyers skip the courthouse metal detector? Massachusetts proposes ending that on January 1, 2027

    The Massachusetts Trial Court proposes standard security screening for attorneys in dozens of courthouses from January 1, 2027. What the court and a private appointed counsel group each say, and what changes at the door.

    The Archivar Editorial Desk · 6 min readRead
    A county clerk's filing counter seen from the public side: three identical unmarked manila folders stacked unevenly and held with black binder clips, a date stamp and a blank ink pad beside them, an empty clear plastic file tray, and an office chair visible through the window glass. No people are in the frame.
    CourtsOctober 15, 2026

    Ohio's saving statute let a lawsuit return a third time, expired claims and all

    In Kohn v. Glenmede Trust, decided October 15, 2026, the Supreme Court of Ohio held R.C. 2305.19(A) saves a refiled action as a whole, with no claim-by-claim test and no one-use limit.

    The Archivar Editorial Desk · 6 min readRead
    The door of a small law office suite in flat daylight: a closed wooden door with an empty metal nameplate holder and a brass deadbolt with a single key hanging in the lock. A wooden hallway bench beside it holds a closed brown leather portfolio and a coiled navy lanyard, and a red fire extinguisher hangs on the wall. No people are in the frame.
    The ProfessionOctober 14, 2026

    Who may own a law firm? Tennessee's Supreme Court said lawyers only, for now

    Tennessee's high court declined on October 2, 2026 to allow nonlawyer ownership of law firms or fee sharing with nonlawyers. What opponents and supporters argued, and what changed instead.

    The Archivar Editorial Desk · 6 min readRead
    An apartment building entrance in flat daylight: a plain black card reader mounted on the wall beside a glass door, and on the window ledge below a closed manila folder, a black key fob and a brass key. A potted plant sits in the foreground. No people are in the frame.
    LegislationOctober 14, 2026

    Washington leases will carry flood warnings, and smart locks will need a key alternative

    Two Washington laws amend the Residential Landlord-Tenant Act: a flood-risk disclosure for leases entered into after December 31, 2026, and smart access rules starting January 1, 2027.

    The Archivar Editorial Desk · 6 min readRead
    A law office conference table in flat daylight: a tall stack of manila folders, a closed white records box, a closed laptop, a blank yellow legal pad with a pen, a phone face down and a sealed white envelope set apart near the edge. No people are in the frame.
    CourtsOctober 13, 2026

    Who is paying for the lawsuit? 214 companies want a federal rule to say, and funders object

    A proposed Rule 26 amendment would require disclosure of litigation funders and their agreements. Companies back it, funders oppose it, and the civil rules committee meets October 21, 2026.

    The Archivar Editorial Desk · 7 min readRead
    A courthouse self-help counter in flat daylight: a wall-mounted wooden rack of cubbies holding stacks of blank white forms, and on the counter below a clipboard with blank paper, a stapler, a pen on a chain, more stacks of blank forms and a manila envelope. No people are in the frame.
    PracticeOctober 13, 2026

    Florida folds every family law form into one set the Supreme Court can change by order

    Since October 1, 2026, every Florida family law form is a Florida Supreme Court Approved Family Law Form, and the court can create, amend or abrogate them by order. Comments close November 24.

    The Archivar Editorial Desk · 6 min readRead
    A worn wooden table by a wrought-iron balcony railing in flat daylight: an open laptop turned away from the camera, a closed plain manila folder, a blank yellow legal pad with a pen, a smartphone face down and a white European round-pin plug adapter with its cable. No people are in the frame.
    EthicsOctober 12, 2026

    A New York lawyer can work from France as of counsel, the state bar's ethics committee says

    NYSBA Ethics Opinion 1303 lets a New York-admitted lawyer living in France work remotely for a New York firm as Of Counsel, on three conditions, and leaves the state's office statute to the courts.

    The Archivar Editorial Desk · 6 min readRead
    A wooden office desk in flat daylight: a thin stack of three blank white sheets held by a binder clip with a red pen on top, beside a yellow legal pad and, behind them, a thick black three-ring binder overflowing with tabbed pages. No people are in the frame.
    CourtsOctober 12, 2026

    In Arizona, a fight over amending a pleading will fit on three pages

    From January 1, 2027, new Arizona Civil Rule 7.5 sends contested requests for leave to amend into a three-page joint statement, the format discovery disputes have used since 2018.

    The Archivar Editorial Desk · 7 min readRead
    An old house's basement in flat daylight: a long jagged crack runs across the concrete floor past a wooden support post on a stone footing, with a yellow folding ruler laid open beside the crack, a flashlight, a cardboard box, a coiled garden hose and a cracked fieldstone foundation wall behind. No people are in the frame.
    Legal HistoryOctober 9, 2026

    A flooded mine in 1860 still decides who pays when blasting cracks a foundation

    Rylands v. Fletcher (1868) made a mill owner pay for a flooded colliery without proof of negligence. U.S. courts still trace strict liability for blasting and other abnormally dangerous activities to it.

    The Archivar Editorial Desk · 7 min readRead
    A wooden kitchen table in flat daylight: an opened blank white envelope, a folded blank sheet of paper with reading glasses resting on it, a pen, a clear plastic pill organizer, a lace table runner, and a wooden cane leaning against the table edge. No people are in the frame.
    LegislationOctober 9, 2026

    California will let jurors 80 and older opt out for good, without a doctor's note

    AB 1359 lets a person 80 or older obtain a permanent medical excuse from jury service by written attestation, with no provider letter, starting January 1, 2028. The Judicial Council will write the forms.

    The Archivar Editorial Desk · 6 min readRead
    A law office worktable in flat daylight: a laptop angled away so its screen cannot be seen, a rubber-banded stack of blank manila folders, a black binder clip, a blank yellow legal pad with a pen, a phone lying face down, and a printer with a stack of blank paper. No people are in the frame.
    PracticeOctober 8, 2026

    New Jersey lawyers must file small claims documents in eCourts starting November 2

    A September 30, 2026 Supreme Court order makes eCourts the required channel for attorney filings in New Jersey small claims. JEDS filings will be rejected, and the refiling fee waiver ends February 28, 2027.

    The Archivar Editorial Desk · 6 min readRead
    A land records office counter in flat daylight: a folded blank deed with a house key resting on it, a brass notary seal press, a metal date stamp, a pen, a blank sheet and a wire tray of blank paper, with tall gray shelves of identical bound record books behind. No people are in the frame.
    LegislationOctober 8, 2026

    Maryland homeowners can now pass a house outside probate with a transfer-on-death deed

    Maryland's Transfer-on-Death Deed Act took effect October 1, 2026. The deed must be recorded before the owner dies, a later will cannot revoke it, and the beneficiary takes subject to existing liens.

    The Archivar Editorial Desk · 7 min readRead
    A clerk's filing counter in flat daylight: a tall stack of identical bound briefs with plain gray covers, a few more fanned out beside it, a blank yellow legal pad, a pen, two binder clips and a phone lying face down, with shelves of law reports behind. No people are in the frame.
    CourtsOctober 7, 2026

    A federal amicus brief rule was pulled back from the Supreme Court and is back, revised

    The rules committees withdrew proposed Appellate Rule 29 on March 10, 2026, then re-presented it without the new-member disclosure. A companion Rule 15 change would end refiling for some agency-review petitions.

    The Archivar Editorial Desk · 6 min readRead
    A round wooden table in a carpeted waiting area in flat daylight: a closed manila folder, a blank yellow legal pad, a pen and a phone lying face down on the tabletop, and a child's lavender backpack with a small stuffed rabbit clipped to it leaning against a table leg. No people are in the frame.
    LegislationOctober 7, 2026

    Iowa now has practice standards for children's lawyers in CINA and termination cases

    The Iowa Supreme Court adopted chapter 64 of its court rules, 18 practice standards for lawyers who represent children in CINA and termination of parental rights cases, effective January 1, 2027.

    The Archivar Editorial Desk · 7 min readRead
    An empty courthouse hallway in flat daylight seen from the top of a stone staircase: a set of steel handcuffs joined by a chain lies on a wooden bench against the wall, beside a fire extinguisher cabinet, with a closed wooden door at the end of the corridor. No people are in the frame.
    CourtsOctober 6, 2026

    Oregon's high court says a hallway glimpse of a shackled client called for a mistrial motion

    In Nelson v. Cain, the Oregon Supreme Court held 6-1 that a defense lawyer gave inadequate assistance by not moving for a mistrial after jurors saw his client in shackles in a courthouse hallway.

    The Archivar Editorial Desk · 7 min readRead
    A law office mail table in flat window daylight: a wire tray full of plain white envelopes, a roll of postage stamps, a small postal scale, a rubber-banded stack of manila folders, a closed silver laptop and a face-down phone. Law books line a shelf behind. No people are in the frame.
    CourtsOctober 6, 2026

    The Fourth Circuit will let pro se parties take service by email

    An amendment to Fourth Circuit Local Rule 25, set for October 19, 2026, lets self-represented parties who are not registered e-filers consent to email service. A national proposal is open for comment.

    The Archivar Editorial Desk · 7 min readRead
    An empty courtroom in flat daylight seen from the corner of a clerk's desk: a small black audio recorder with a gooseneck microphone and a tangle of cable sits beside a closed manila folder and a blank yellow legal pad. Across the carpet, an empty office chair stands at a bare table in front of an empty judge's bench. No people are in the frame.
    CourtsOctober 5, 2026

    California courts must now record the hearing when no court reporter comes

    In Family Violence Appellate Project v. Superior Court, a unanimous California Supreme Court held that litigants who cannot afford a private reporter get an official record on request, by electronic recording if needed.

    The Archivar Editorial Desk · 7 min readRead
    A plain cardboard records box with its lid pushed back sits on a worn laminate service counter in a records office, filled with unlabeled manila folders, beside a rubber-banded bundle of blank folders and a pen. Filing cabinets stand in the background. No people are in the frame.
    CourtsOctober 5, 2026

    The criminal subpoena rule is being rewritten to reach hearings, not just trials

    Proposed amendments to Criminal Rule 17 would extend third-party subpoenas to detention, suppression, sentencing and revocation hearings and write a loosened Nixon test into the rule. Earliest effective date: December 1, 2027.

    The Archivar Editorial Desk · 7 min readRead
    A split wooden barrel lies on its side on a stone sidewalk at the foot of an old brick warehouse wall, white flour spilling from a cracked stave onto the paving beside a drainpipe. No people are in the frame.
    Legal HistoryOctober 2, 2026

    The 1863 flour barrel that still lets an accident speak for itself

    In Byrne v. Boadle, nobody saw why a barrel fell from a Liverpool loft. The court let the accident itself prove negligence, and res ipsa loquitur still decides which cases reach a jury.

    The Archivar Editorial Desk · 6 min readRead
    A navy graduation cap with its tassel rests on a thick stack of unlabeled manila folders on a wooden table in a bright school hallway, beside a ring of keys and a phone lying face down. No people are in the frame.
    The ProfessionOctober 2, 2026

    Florida's bar admission rules no longer name the ABA as the only law school accreditor

    Amended Rule 4-13.2 took effect October 1, 2026. ABA graduates stay eligible, a second accreditation path opens, and the intern, paralegal and military spouse rules now follow the same definition.

    The Archivar Editorial Desk · 7 min readRead
    An empty football practice field on an overcast day: a scuffed white helmet with no markings lies on its side on the grass beside a painted sideline, with a few orange cones and an empty metal bench behind. No people are in the frame.
    CourtsOctober 1, 2026

    Pennsylvania's no-duty rule reached a disease diagnosed decades after the game

    In Schretzman v. NCAA, the Superior Court affirmed a nonsuit against a former West Point football player with ALS. The inherent risk was the head impact, not the diagnosis that came decades later.

    The Archivar Editorial Desk · 7 min readRead
    A round wooden conference table in flat office daylight: a closed brown accordion file held shut by an elastic band, a ring of brass house keys, a blank white envelope, a closed dark leather checkbook cover and the corner of a blank yellow legal pad, with an empty wooden chair pushed in behind. No people are in the frame.
    LegislationOctober 1, 2026

    Maryland fiduciaries keep the privilege even when the estate pays the lawyer

    New Estates and Trusts § 15-117, in force October 1, 2026, keeps fiduciary-counsel communications privileged when trust or estate funds pay the lawyer. The beneficiary relationship is not a waiver.

    The Archivar Editorial Desk · 6 min readRead
    An empty small courtroom in flat daylight from a side window, seen from behind the counsel table: two empty upholstered chairs, a closed manila folder, a blank yellow legal pad with a pen, a closed laptop and a short stack of blank paper held by a binder clip, with an empty witness stand and an empty judge's bench behind. No people are in the frame.
    EthicsSeptember 30, 2026

    Virginia's former-client conflict rule now has an exception for criminal records

    Amended Rule 1.9(c)(1), effective July 27, 2026, lets a lawyer use a former client's criminal history found in law enforcement databases or court records. The reveal clause did not change.

    The Archivar Editorial Desk · 6 min readRead
    An office desk in flat window daylight, with a thick stack of blank white paper beside two loose blank sheets held by a black binder clip, a blue pen, a calculator, a closed dark accordion file, a wire paper tray, a black desk lamp and two empty office chairs. No people are in the frame.
    CourtsSeptember 30, 2026

    The federal affidavit for appealing without fees shrinks to two pages on December 1

    Revised Appellate Form 4 replaces a multi-page financial questionnaire with eight questions. The spouse tables and itemized expenses are gone, and the issues on appeal now come first.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a wooden kitchen table in flat window daylight, with a few sealed plain white envelopes, one set slightly apart, a closed laptop, a set of house keys, a smartphone lying face down, a blank spiral notepad with a pen and a bowl of apples, with a radiator and a wooden chair behind. No people are in the frame.
    CourtsSeptember 29, 2026

    The bankruptcy course certificate loses its filing deadline on December 1

    Amended Bankruptcy Rules 1007, 5009 and 9006 drop the fixed deadline for the financial-management course certificate and add two clerk's notices. The course is still a condition of discharge.

    The Archivar Editorial Desk · 7 min readRead
    A small law office conference table in flat window daylight, with three empty upholstered chairs pulled close along the far side, folded reading glasses, a blank legal pad with a pen, a closed manila folder, a corded desk phone and a clear plastic magnifying sheet. No people are in the frame.
    EthicsSeptember 29, 2026

    The ABA just rewrote its guidance on clients with decision-making limitations

    Formal Opinion 525 replaces the 1996 diminished-capacity opinion. The client still directs the objectives, supports come before protective action, and guardianship is the last resort.

    The Archivar Editorial Desk · 7 min readRead
    A plain folding table set up in a library community room in flat overcast daylight, with two empty metal folding chairs facing each other across it, a short stack of blank clipboards, a mesh cup of blue pens, a closed manila folder, a desk bell and a blank tented card. No people are in the frame.
    EthicsSeptember 28, 2026

    Colorado just rewrote the ethics rule for one-visit legal clinics

    Amended Colo. RPC 6.5 takes effect October 1, 2026. Consent to limited scope moves into the rule, a program's intake can satisfy it, and fee, file and termination duties now switch on only under stated conditions.

    The Archivar Editorial Desk · 7 min readRead
    A multi-line office desk phone on a light wood desk, photographed off-center in flat overcast daylight from a window, with the corded handset resting in its cradle, a coiled cord looped on the desk, several small indicator lights along the phone's base, a closed plain notepad and a pen beside it, and a blurred computer monitor and a small potted plant in the background. No people are in the frame.
    Legal TechSeptember 28, 2026

    What a legal answering service costs, and why an AI minute is not billed like a human one

    Seven vendors, read at their own pricing pages. Five publish minute-based US dollar tiers, one bills per answered call, and one sends US buyers straight to a quote request. Abby's own accounting prices an AI-answered minute at half of a human-answered one.

    The Archivar Editorial Desk · 7 min readRead
    A closed galvanised metal farm gate held shut with a loop of rusted chain, photographed in flat overcast daylight from the near side of a churned muddy gateway, with a small flock of woolly sheep grazing in the green field beyond, a green plastic water trough by the fence line, patches of dock leaves and thistle, and a bare hedgerow under a flat grey sky. No people are in the frame.
    Legal HistorySeptember 25, 2026

    The sheep that never changed hands in 1601 still tell a jury what fraud looks like

    A farmer signed his whole flock over for a real debt, then kept shearing it. The six signs a court read out of that in 1601 are now eleven numbered factors in a California statute.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a light wood office desk in flat overcast daylight from a window: a small black pocket calculator, a thick stack of loose blank printed sheets, an open empty manila folder, a black pen resting on a blank spiral notepad, a pen cup, a potted plant on the windowsill, and a closed laptop turned away from the camera. No people are in the frame.
    Legal TechSeptember 25, 2026

    What legal AI tools cost, and how many vendors publish no price at all

    Eight legal AI vendors, read at their own pricing pages. Three publish a real per-user number. Five publish none, and two of those five keep a pricing page that has no figure on it.

    The Archivar Editorial Desk · 6 min readRead
    The corner of a dark wood office desk under flat overcast daylight from a window: two thick documents bound with black plastic spiral combs lying stacked flat, their covers plain and completely blank, with small colored adhesive page flags along one edge, a black binder clip, a plain unaddressed white envelope, a few loose paper clips, a black pen resting on a blank yellow legal pad, and an open cardboard file box of unlabeled folders behind. No people are in the frame.
    CourtsSeptember 24, 2026

    Massachusetts just turned its frivolous-appeal rule into a fee-and-costs rule

    The Supreme Judicial Court deleted Mass. R. A. P. 25 and inserted a new one, effective September 1, 2026. The frivolous-appeal sanction is now one ground of two, and the 14-day clock starts when the court grants the request.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a small law office reception counter in flat overcast daylight: a black tablet in a folding stand with its screen off and dark, a brown clipboard holding one completely blank white sheet with a black pen lying across it, a short stack of closed unlabeled manila folders, a beige corded desk phone with the handset in the cradle and its coiled cord trailing, a black wire tray of blank sheets, and a few loose paper clips. No people are in the frame.
    Legal TechSeptember 24, 2026

    What law firm intake automation actually automates, and where the software stops

    Intake software runs the mechanical steps. The conflict check it runs is a search, and one vendor's own documentation says a person still approves or denies the result. Rule 5.3 reaches the vendor too.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a scuffed dark wood desk in a small office under flat daylight from a window: a squared stack of closed manila folders bound with a wide rubber band, a plain white unmarked envelope lying flap-open and blank, a black ballpoint pen resting on a completely blank yellow legal pad, an upright rubber stamp beside a closed dark stamp pad, and a few loose paper clips, with a wooden shelf of closed files behind. No people are in the frame.
    CourtsSeptember 23, 2026

    New Jersey wrote down when cashing the check still leaves you an appeal

    A new paragraph of Rule 4:48-1, effective September 1, 2026, sets two conditions for appealing after accepting payment of a final judgment. It codifies Brehme v. Irwin, where the moment that mattered was the day the warrant was signed.

    The Archivar Editorial Desk · 7 min readRead
    The supply corner of a dark wood office desk in flat daylight from a window: an open three-ring binder lying flat on completely blank white pages behind plain unlabelled tab dividers, a squared stack of fresh blank printer paper behind it, a black stapler, an open cardboard box of paper clips with a few spilled on the desk, a hole punch, and a stack of plain white unaddressed envelopes. No people are in the frame.
    PracticeSeptember 23, 2026

    What belongs on a law firm client intake form, and the rule behind each field

    The genuinely free templates come from bar programs, under licenses narrower than most firms notice. What goes into the fields is set elsewhere: Model Rule 1.18, 45 CFR 164.508, the E-SIGN Act, and the ADA's own list of public accommodations.

    The Archivar Editorial Desk · 7 min readRead
    A worn laminate courthouse records counter in flat overcast daylight: a stack of closed brown accordion folders tied shut with a cloth string, a squared-off stack of closed plain manila folders, a black wire tray of blank sheets face down, a rubber date stamp resting on a dark ink pad, and a ballpoint pen on a beaded chain, with the lower edge of a scratched glass partition behind. No people are in the frame.
    CourtsSeptember 22, 2026

    Iowa just made guardianship reports confidential, and put access on a request form

    An Iowa Supreme Court order effective September 7, 2026 designates the background-check, plan, inventory and report forms in adult guardianship and all conservatorship proceedings as confidential. Whether the clerk hands over a copy is decided by what the petition said the day it was filed.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a small law office reception counter in flat overcast daylight: a brown clipboard holding a completely blank white sheet with a ballpoint pen resting across it, a stack of closed empty manila folders to the left, a black wire paper tray of blank sheets, a glass jar of pens, a chipped white mug on a faint ring stain, a closed grey laptop pushed to the back and a beige corded desk phone with its handset in the cradle and the coiled cord trailing off the counter. No people are in the frame.
    PracticeSeptember 22, 2026

    The law firm intake process, step by step, and where the duties attach

    A person becomes a prospective client by consulting a lawyer, with no fee and no engagement letter. Rule 1.18 then governs what the firm may hear, the amended Rule 1.16(a) governs what it must ask, and Rule 5.3 puts the intake script on the lawyer.

    The Archivar Editorial Desk · 7 min readRead
    A small plain meeting room in flat overcast daylight: an empty grey fabric office chair pulled up to a pale laminate table facing a small black webcam clamped to a short tripod, a closed silver laptop turned away from the chair, a coiled black cable and a white power strip on the table, an unlit ring light on a stand at the right, a white mug on a faint ring stain, and a black wastebasket against the beige wall. No people are in the frame.
    CourtsSeptember 21, 2026

    The 100-mile subpoena limit would be measured from the witness, not the court

    A 2023 Ninth Circuit decision kept Rule 45's 100-mile radius pinned to the courthouse even when the witness appeared by video. A proposed rewrite would move the measurement, name four ways to serve a subpoena, and require 14 days' notice. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A small plain office meeting room in flat overcast daylight from a window: several identical grey fabric chairs pushed in around a pale laminate worktable, a closed silver laptop and two blank spiral notepads on the table, a white mug on a faint ring stain, a tangle of black cables and a power strip on the grey carpet beneath the table, and a half-open cardboard box of loose stationery against the far wall. No people are in the frame.
    Legal TechSeptember 21, 2026

    What MyCase costs now, and what changed between April and June

    The vendor's pricing page lists Basic at $50 per user per month, Pro at $100 and Advanced at $130 on annual billing. A capture of the same page from April 12 lists $39, $89 and $109. What moved, and what sits outside the seat rate.

    The Archivar Editorial Desk · 7 min readRead
    A narrow worn dirt footpath running alongside a single-track freight railway line at the edge of a small town, photographed in flat overcast daylight: grey gravel ballast and weathered wooden sleepers to the right, tall dry grass and dandelions crowding the path, a bent chain-link fence and a plain concrete utility box to the left, and low houses and trees in the distance. No people are in the frame.
    Legal HistorySeptember 18, 2026

    A 1938 railroad case still decides whose law your federal court applies

    Erie Railroad Co. v. Tompkins overruled ninety-six years of Swift v. Tyson and held there is no federal general common law. In Berk v. Choy, decided January 20, 2026, the same framework kept a Delaware affidavit out of federal court.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a cluttered small-office desk in flat window daylight: a beige corded desk telephone with its handset lifted off the cradle and lying face up on the wood, the coiled cord looping across the desk, a small black pocket calculator with a blank display beside it, an unwritten yellow legal pad and two ballpoint pens, a chipped white mug on a faint ring stain, a closed grey laptop pushed to the back edge, and scattered paper clips.
    Legal TechSeptember 18, 2026

    What Clio actually costs, now that only one number is published

    One price appears on the vendor's own pricing page: $49 per user per month on the entry plan. The three plans above it show a Get pricing button. What the January captures showed, what came off the page during 2026, and what is still published.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a worn beige laminate counter at a courthouse clerk's window in flat daylight: a black wire document tray holding a thick stack of blank white paper, two closed manila folders with blank tabs, a wooden-handled rubber date stamp resting face down beside an open black ink pad, a chipped white mug on a faint ring stain, a metal spindle of blank slips and a ballpoint pen on a beaded chain.
    CourtsSeptember 16, 2026

    Texas trial courts start reporting whether they ruled on time

    Senate Bill 293 put deadlines on Texas trial courts for summary judgment, a completely rewritten Rule 166a carried them into practice on March 1, and the first quarterly compliance reports are due September 20. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A scuffed wooden desk in a small office under flat daylight: a black pocket calculator with a blank display at the near corner, an unwritten yellow legal pad in the middle, two ballpoint pens beside it, a white coffee mug sitting on a faint ring stain, a leaning stack of manila folders and loose paper on the left, and an open laptop angled away so its screen cannot be seen.
    Legal TechSeptember 16, 2026

    The Clio alternatives a small firm can price without calling sales

    Six practice management vendors publish a per-user rate you can read in ten seconds. Three publish none at all. What the published numbers include, what sits outside them, and the terms to pin down before signing.

    The Archivar Editorial Desk · 6 min readRead
    The corner of an apartment kitchen in flat daylight: a flattened grey dog bed pushed against a white cabinet, two empty stainless steel bowls on a black rubber mat, a coiled blue nylon leash on the tile floor, a half-packed cardboard moving box with a roll of packing tape resting on its flap, and a few tufts of pet hair on the tile.
    LegislationSeptember 15, 2026

    Illinois will let courts weigh a pet's well-being when the owners never married

    Public Act 104-0613 writes companion animals into the replevin article of the Code of Civil Procedure, lets a court consider the animal's well-being whatever the parties' legal status, and says ownership documentation may not decide it alone. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A wooden office desk in flat window daylight: a thick stack of blank white paper held by a large black binder clip, a single blank sheet pulled out of the stack and lying by itself on the wood beside it, a metal staple remover and a few loose staples, a chipped mug on a faint ring stain, a black tape dispenser, scattered paper clips and a coiled white charging cable.
    CourtsSeptember 15, 2026

    Dropping one claim would no longer mean dropping the whole case

    An amendment to Federal Rule of Civil Procedure 41(a) has cleared the Standing Committee and is before the Judicial Conference. It would let a plaintiff voluntarily dismiss one or more claims rather than only an entire action. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A worn wooden desk beside a window in flat daylight: a loose stack of plain white paper whose top sheet carries five wide hand-drawn black marker bars, an uncapped thick black felt-tip marker and its cap lying across the pile, a manila envelope, a scatter of paper clips, a black three-hole punch, a chipped mug and a tangled white charging cable.
    CourtsSeptember 14, 2026

    Federal filings may have to redact the whole Social Security number

    Privacy amendments published for comment on August 14 would end the last four digits convention in civil and criminal filings, swap a minor's initials for a pseudonym, and say on the face of the rule that redaction reaches exhibits and attachments. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    An emptied convention hall set up for a written examination in flat fluorescent daylight: long rows of folding tables under plain black skirting, grey stacking chairs pushed in at uneven angles, two closed silver laptops, a paper cup and a pencil left behind, and a coiled orange extension cord running to a power strip taped down on the grey carpet.
    The ProfessionSeptember 14, 2026

    Washington will admit some new lawyers without a bar exam score

    A venue technology failure stopped the country's first NextGen bar exam before day one began in Yakima. Three emergency orders later, part of the July 2026 class is admitted by court order rather than by score. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    The corner of a worn laminate office counter beside a window in flat daylight, holding an old beige mechanical adding machine whose blank paper tape curls over the edge, two closed dark bound volumes with plain unlettered spines stacked beside it, a chipped mug on a faint ring stain, a folded pair of reading glasses, an empty metal paper spike and a wooden card index box.
    Legal HistorySeptember 11, 2026

    A $1,600 charge disallowed in 1796 still decides who pays your fees

    The Supreme Court's report in Arcambel v. Wiseman runs a few sentences and never names a doctrine. It is still the citation the Court reaches for when it explains where the American Rule came from, and a unanimous 2019 decision shows how demanding that rule remains.

    The Archivar Editorial Desk · 7 min readRead
    A scuffed wooden office table in flat window daylight, holding a thick stack of blank white paper tabbed along one edge with dozens of small coloured adhesive flags, a plain pale blue cover sheet on top, a black binder clip, a three-hole punch, a half-empty mug on a ring stain and a closed spiral-bound volume with a blank grey cover.
    CourtsSeptember 11, 2026

    Florida initial briefs now have to state their own jurisdiction

    A corrected June 11 order amended four Florida appellate rules. Since September 1, the initial brief opens with a jurisdictional statement, and every issue needs a record citation showing where it was preserved. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A borrowed corner of a law office: a narrow folding table and a grey metal folding chair wedged between two tall bookcases of uniform dark bound volumes with blank spines, a closed notebook and an empty paper cup on the table, a canvas backpack on the carpet beside a coiled cord and a cardboard box, in flat indoor daylight.
    EthicsSeptember 10, 2026

    The judiciary just told judges to ask who else is paying their interns

    A federal ethics committee published Advisory Opinion No. 119 this month, its first squarely on law firm stipends paid to the unpaid students who work in judges' chambers. The answer turns on one question, and timing is only half of it. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A stack of slim booklet-format briefs with blank pale blue covers on a worn laminate mailroom counter, beside a plain white shipping envelope, a roll of packing tape, a small grey postal scale and a metal mail sorter, in flat indoor daylight.
    CourtsSeptember 10, 2026

    The Supreme Court now needs the ticker symbol, not just the party name

    In January a Justice left an argued case over a company that had dropped out of the caption but was still a party in the district court. A month later the Court revised four of its filing rules, and one unrelated line changed what counts as filing on time. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    Worn concrete steps and a plain metal handrail at the side door of a small brick county courthouse, a dented galvanized trash can beside them, weeds growing through cracked asphalt and one older pickup truck parked on the gravel lot, in flat overcast daylight.
    The ProfessionSeptember 9, 2026

    Illinois is changing what a limited law license can lead to

    One order entered April 14, 2026 amended five Illinois admission rules on three effective dates. The eighteen-month ceiling on a legal aid lawyer's limited license is gone, the time under it now counts toward admission on motion, and a course requirement lands October 1. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A stack of worn accordion case folders bound with rubber bands on the floor beside a heavy wooden courtroom door in a plain courthouse hallway, a cast iron radiator and folding chair nearby, flat overcast daylight.
    CourtsSeptember 9, 2026

    Virginia is changing who controls a case during an interlocutory appeal

    A Virginia circuit court has kept concurrent jurisdiction during most interlocutory appeals since 2021. An order entered July 17, 2026 rewrites Rule 1:1C, and on September 15 the appellate court takes exclusive control of the appealed order in five kinds of case. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    An empty jury box in a small plain courtroom: two short rows of worn upholstered swivel chairs behind a low wooden rail, blank notepads and stubby pencils left on the seats, a paper cup on the carpet, in ordinary flat daylight.
    LegislationSeptember 8, 2026

    The jury selection rule that reached only three kinds of civil case

    California's peremptory challenge statute was written in 2020 to take over civil jury selection on January 1, 2026. Senate Bill 645 deleted that date and named three categories of civil case instead. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    An empty wooden witness stand with a black chair and a short gooseneck microphone in a small wood-paneled courtroom, a blank dark flat screen on a rolling cart beside it, a coiled cable and a paper cup left on the carpet, in ordinary flat daylight.
    CourtsSeptember 8, 2026

    Bankruptcy is getting its own standard for testimony by video

    Three linked amendments effective December 1, 2026 pull bankruptcy contested matters out from under Civil Rule 43. A witness appearing from another location will need cause and appropriate safeguards, not compelling circumstances. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    Blank white papers left on a worn doormat outside the front door of an apartment unit, with a folded lawn chair and a potted aloe beside the doorway and an outdoor walkway railing at the edge of the frame, in flat overcast daylight.
    LegislationSeptember 7, 2026

    California is rewriting what counts as serving a summons

    A defendant learned about a $486,528 default judgment in 2020, when his wages were garnished. The Supreme Court of California held in 2024 that no deadline barred his challenge, and the Legislature then rewrote the service statutes. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 8 min readRead
    Two nearly identical stacks of blank white binders side by side on a law office desk, next to a closed laptop, a yellow legal pad, and a coffee mug, ordinary daylight from a city window.
    CourtsSeptember 7, 2026

    A $2 million sanction turned on the wall between a consultant and an expert

    A federal judge in Georgia sanctioned a defendant a third time for withholding evidence, finding a litigation consultant's testing reproduced inside the testifying expert's report. Reuters reported this month that two law firms were ordered to pay $2 million. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A stack of blank manila case folders and a worn leather-bound ledger on a law office desk, a white coffee mug beside them, a brass banker's lamp and a shelf of papers in the background, ordinary daylight from a city window.
    Legal HistorySeptember 4, 2026

    A lie detector rejected in 1923 still decides which experts a jury hears

    A Washington murder defendant asked a court to let a blood pressure machine vouch for him. The judges said no, in under a thousand words, and wrote the general-acceptance test that still keeps novel science out of courtrooms in California, New York, Illinois, Pennsylvania, Washington, and Minnesota.

    The Archivar Editorial Desk · 7 min readRead
    Two closed black leather portfolios on a law firm conference table, a water glass and a yellow legal pad nearby, empty leather chairs and a credenza in the background, ordinary daylight from a city window.
    EthicsSeptember 4, 2026

    New Jersey just adopted the conflict rule it turned down in 2003

    The Supreme Court of New Jersey amended RPC 1.8 on July 23, 2026 to add a new paragraph (k) barring sexual relations with a client absent a relationship that predates the representation, and extended it to an entity client's litigation control group. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A stack of blank manila folders left on a worn wooden courthouse hallway bench, a water fountain and an open doorway in the background, ordinary hallway daylight and fluorescent light.
    CourtsSeptember 3, 2026

    The hearsay rule is losing its oath requirement on December 1

    The Supreme Court adopted an amendment to Federal Rule of Evidence 801 on April 8, 2026, deleting the requirement that a witness's earlier inconsistent statement have been made under penalty of perjury before a jury may treat it as proof. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 7 min readRead
    A thick stack of blank manila application folders next to a closed laptop and a small flip desk calendar, a dark coffee mug, and the edge of a spiral notepad, on a wood office desk with a bookshelf and a window looking out on trees.
    The ProfessionSeptember 1, 2026

    Law schools just got three more years to admit students without the LSAT

    The ABA's Section of Legal Education and Admissions to the Bar Council voted to extend by three years the window for law schools to apply for a variance letting them admit students without a standardized test score, an option first authorized in 2024 and currently used by 21 schools.

    The Archivar Editorial Desk · 5 min readRead
    A yellow legal pad, a closed laptop, a stack of manila folders, and a phone face-down on a law office desk, with a desk calendar and a black telephone in the background, ordinary daylight from a window.
    EthicsAugust 31, 2026

    New York just rewrote the rules for lawyer advertising and solicitation

    New York's Appellate Division replaced a long list of detailed, format-specific advertising requirements with a single false-or-misleading standard, and dropped the 30-day pause on soliciting people about a specific accident. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 6 min readRead
    A stapled case folder set down on a cluttered desk next to a closed laptop, a coffee ring on the wood, a pen, and loose papers turned face-down, ordinary daylight from a window.
    CourtsAugust 27, 2026

    A federal court that sends a case to arbitration keeps the case

    The Supreme Court unanimously held that a federal court which stays a case for arbitration keeps jurisdiction to later confirm or vacate the resulting award, narrowing the practical reach of Badgerow v. Walters. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 6 min readRead
    A blank checkbook, a mechanical adding machine, and a closed leather ledger stacked on a wooden desk in a law office, soft morning daylight through venetian blinds casting striped shadows, no legible text anywhere.
    CourtsAugust 25, 2026

    Class action lawyers deserve to be paid, a court just said

    A $3.7 million class action fee award has now been vacated twice by the Third Circuit. The second ruling holds that Perdue's limits on lodestar multipliers reach contractual fee-shifting settlements, not just statutory ones. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 6 min readRead
    A dress form draped in fine fabric in an early 20th-century fashion atelier, bolts of fabric leaning against the wall, a blank exclusivity contract and a fountain pen on a wooden table, golden-hour sunlight through tall windows.
    Legal HistoryAugust 20, 2026

    A 1917 endorsement deal with no promise in it still shapes your contracts

    Lucy, Lady Duff-Gordon, sold the exclusive right to market her name, then peddled her own endorsement and kept the money. She argued there was no contract, because the other side had promised nothing. Wood v. Lucy, and the implied promise Cardozo found in it, still governs exclusive deals.

    The Archivar Editorial Desk · 7 min readRead
    A broken iron crankshaft resting on a wooden crate inside a stilled flour mill, mill gears and leather drive belts hanging motionless in the background, dust motes visible in one warm amber light against deep green shadow.
    Legal HistoryAugust 18, 2026

    A broken mill shaft in 1854 still decides which losses you can recover

    When a Gloucester flour mill stopped and a carrier was late returning the broken part, the miller sued for the profits lost while the wheels stood still. Hadley v. Baxendale set the rule that still limits which losses a broken contract makes a party pay for.

    The Archivar Editorial Desk · 7 min readRead
    A wax-sealed envelope and a ribbon-tied will document resting on a dark wooden estate-planning desk, a magnifying glass beside them, no legible text, one warm amber light against deep green shadow.
    The ProfessionAugust 17, 2026

    The rule so hard that getting it wrong wasn't malpractice

    In 1961 the California Supreme Court excused a lawyer who botched the Rule Against Perpetuities, because the rule was too treacherous to expect anyone to get right. The same case, Lucas v. Hamm, first let will beneficiaries sue a drafter who was never their lawyer.

    The Archivar Editorial Desk · 7 min readRead
    Two identical stacks of paper engagement letters side by side on a law office desk, one with a visible signature line, no legible text, one warm lamp against deep green shadow.
    EthicsAugust 14, 2026

    A California court just said "potential" conflicts can void your fee agreement

    A published Court of Appeal opinion extends Sheppard v. J-M Manufacturing to potential, not just actual, conflicts of interest: an undisclosed one voided a firm's own engagement agreement and arbitration clause. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 6 min readRead
    A desk phone with its hold button lit red, beside a closed manila case folder and a yellow sticky note curling at the corner tucked under a dark computer monitor, an empty office chair pushed back in the background, one warm desk lamp against deep green shadow.
    PracticeAugust 13, 2026

    The file that lived in one person's head

    Every firm has one person who knows a matter cold: the deadlines, the ex-husband's name, why the client cries when you mention the house. Then she takes a week off, and the firm learns how much of the file was never written down.

    The Archivar Editorial Desk · 6 min readRead
    A Victorian-era rubber medicine bulb and glass vial resting on a worn wooden apothecary counter, an unopened folded newspaper beside them with no legible text, dust motes visible in one warm amber light against deep green shadow.
    Legal HistoryAugust 12, 2026

    The advertisement that a court turned into a contract

    In 1891 a company promised £100 to anyone who used its flu remedy and caught influenza anyway. When a London woman did exactly that and sued, Carlill v Carbolic Smoke Ball Co gave the common law its most famous lesson in when an advertisement becomes a binding contract.

    The Archivar Editorial Desk · 7 min readRead
    A lone red fox seen from behind on a windswept, empty dune beach at dusk, looking out over deep muted green marram grass toward one warm amber band of light low on the horizon over a dark sea.
    Legal HistoryAugust 10, 2026

    The fox hunt that still decides who owns what

    In 1805, two Long Island men fought to New York's highest court over a near-worthless dead fox. Pierson v. Post, and the rule it wrote, that pursuit is not possession, still decides who owns oil, gas, groundwater, and wild game.

    The Archivar Editorial Desk · 7 min readRead
    A quill pen resting on a heavy leather-bound statute book beside a pooled candle on a dark wooden desk, one warm amber light against deep green shadow.
    Legal HistoryAugust 6, 2026

    A law from 1677 still decides which promises must be in writing

    An English statute passed against perjury in 1677 is the reason a court may refuse to enforce a deal you can prove was real. It survives in every state's law and in the UCC. What it covers, and the exceptions.

    The Archivar Editorial Desk · 7 min readRead
    A judge's empty chair behind an unoccupied courtroom bench at dusk, a closed case file stacked beside a gavel on the bench rail, one warm overhead light against deep green shadow.
    CourtsAugust 5, 2026

    California's high court just changed how attorneys remove a judge

    The California Supreme Court partially overruled 50-year-old precedent, opening blanket peremptory judicial challenges under section 170.6 to review for the first time since 1977. Three consequences for practicing attorneys.

    The Archivar Editorial Desk · 6 min readRead
    A single antique coin-operated weighing scale standing alone at the far end of a deserted train platform at dusk, empty rail tracks fading into deep green shadow, one warm amber lamp in the distance.
    Legal HistoryAugust 5, 2026

    The package that set the reach of negligence

    A man ran for a moving train, a guard pushed him aboard, and a parcel of fireworks fell. The 1928 case that followed, Palsgraf, gave American law its most argued-over test for how far a careless act reaches.

    The Archivar Editorial Desk · 7 min readRead
    A laptop and a lit phone screen on a kitchen table after dark, a coffee mug beside them, one warm lamp the only light in the room, curtains open to a dark street outside.
    PracticeAugust 4, 2026

    After hours isn't after the client stops needing you

    79% of clients expect a reply within 24 hours, and 68% expect some contact outside business hours, per Clio's 2019 and 2022 Legal Trends Reports. What the after-hours gap actually requires to close.

    The Archivar Editorial Desk · 6 min readRead
    A single antique percussion pistol resting on a folded dark cloth on an old wooden table, lit by one warm amber light against deep green shadow.
    Legal HistoryAugust 4, 2026

    The shot that forced the law to define insanity

    In 1843 a man fired at the wrong target on a London street. The killing made judges write down, for the first time, exactly when a person is too ill to be guilty.

    The Archivar Editorial Desk · 6 min readRead
    A hand holding a stylus signing on a softly glowing tablet screen on a dark wood desk, a capped fountain pen resting beside it under a warm lamp.
    PracticeAugust 3, 2026

    When a click became a signature

    A typed name or a clicked 'I agree' can bind you as firmly as ink. The ESIGN Act and UETA settled that a generation ago. What makes an e-signature valid, what still needs wet ink, and the consent step firms miss.

    The Archivar Editorial Desk · 6 min readRead
    An antique hourglass with its sand nearly run out, standing beside a closed leather-bound law volume on a dark wood desk, lit by one warm amber lamp against deep green shadow.
    Legal HistoryJuly 28, 2026

    The rule that gave homicide a deadline

    For centuries, a death that came more than a year and a day after the blow could not be murder. Medicine made the rule obsolete, and in 2001 the Supreme Court let a state erase it.

    The Archivar Editorial Desk · 6 min readRead
    A large exam hall at dusk with long rows of empty desks and a single closed laptop under one warm overhead light.
    The ProfessionJuly 17, 2026

    The bar exam just changed for the first time in a generation

    This July, ten US jurisdictions gave the NextGen bar exam for the first time. It tests fewer memorized subjects and more of what lawyers actually do. Here is what changed.

    The Archivar Editorial Desk · 5 min readRead
    A law-office desk at dusk: a desk phone with its message light glowing, beside a closed folio and a blank legal pad under a banker's lamp.
    ResearchJuly 15, 2026

    Someone called 500 law firms. Most didn't answer.

    Researchers posing as new clients secretly shopped 500 law firms: 40% answered the phone, 48% were unreachable entirely. The verified numbers on what callers actually reward.

    The Archivar Editorial Desk · 6 min readRead
    A laptop half-closed on a kitchen table at night, its screen glow fading to black, a mug beside it.
    IntakeJuly 15, 2026

    The form that almost got filled out

    A late-night visitor hits a case-number field she can't fill and a dropdown she doesn't understand. She closes the tab. The firm never knows the form was started at all.

    The Archivar Editorial Desk · 5 min readRead
    An office chair pushed back from an empty desk at dusk, a calendar on the wall, a phone lying face down under a single warm lamp.
    PracticeJuly 15, 2026

    The consult who said yes, then went quiet for a week

    A prospect confirms her consult, sounds committed, then goes silent for a week. The firm assumes she moved on. She was waiting to be told what happens next.

    The Archivar Editorial Desk · 5 min readRead
    A home entryway at dusk: keys on a hook and a coat over a chair, lit by one warm lamp against deep green shadow.
    ReceptionJuly 15, 2026

    The call that never rang

    A scared caller finally dials a law firm at 9:40 p.m., hits a phone tree built for people who already know where they're going, and hangs up. What she needed was a conversation, not a menu.

    The Archivar Editorial Desk · 5 min readRead
    A woman's hands in her lap holding a phone, seen from the passenger seat of a parked car at dusk.
    PracticeJuly 14, 2026

    The case you never knew you lost

    Every firm can name the clients it signed. Almost none can name the ones who called once, heard nothing, and moved on: the only loss in a practice that never announces itself.

    The Archivar Editorial Desk · 5 min readRead
    An empty law firm conference room at dusk: chairs pushed back from a long table under one warm pendant lamp, a legal pad left behind.
    PracticeJuly 14, 2026

    The decision that never left the room

    Your Tuesday meeting made three good decisions. By the following Tuesday, two of them exist only as what four people separately remember agreeing to.

    The Archivar Editorial Desk · 5 min readRead
    A man seen from behind in a workplace break room at dusk, phone to his ear, shoulders tense, lit by one warm light.
    AccessJuly 14, 2026

    The client who called in Spanish

    More than one in four Californians speaks Spanish at home. When one of them calls a firm that answers in English only, the consultation is over in the first nine seconds.

    The Archivar Editorial Desk · 4 min readRead
    A lawyer's desk in a dark office: an open notebook of handwritten time entries beside a wristwatch and a cold coffee, under a banker's lamp.
    BillingJuly 14, 2026

    The billable hour that never happened

    At 6:10 p.m. you rebuild your day from sent mail and a call log. The eleven-minute call that solved everything isn't in either place.

    The Archivar Editorial Desk · 4 min readRead

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