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4 Days of Work Makes the Gas Use Go Down With the current economic situation facing the country and high gas prices, many people are being forced to make adjustments in their regular activities. Those who feel a heavy responsibility of alleviating the hardships resulted from current economic conditions are those who are at managerial level positions. Above the Law reports how one law firm will be allowing their employees to take off an extra day during the week in order to ease their weekly gas expense. Balch & Bingham, a law firm from Atlanta, says their employees have the choice of taking off Tuesday, Wednesday or Thursday. The employees, however, will instead be required to work ten hour days.
Above the Law seems to think this is of no real benefit to the employees of the firm. They don't think a ten hour work day will lighten stress of the employees, and instead propose that employees should receive a gas credit or a half-day of work. Nevertheless, being that many of the employees live in the suburbs outside of Atlanta and drive to work, this can be a good thing. Employees will definitely spend less money on gas and that is the basic objective here. Though it may or may not reduce their stress concerning their job, they may feel a lesser amount of stress pertaining to how much their commute costs them. If the employees of the firm have the option of whether they want to do the four, ten hour days, this should be a successful arrangement.
Roosevelt’s Words are Still Wisdom Today Atlanta’s Oglethorpe University plans to display President Franklin D. Roosevelt’s 1932 campaign speech on the Depression. The speech was given to the 1932 graduating class, and echoes what we have heard from candidates in during this year’s Presidential campaign. “We need to correct, by drastic means if necessary, the faults in our economic system from which we now suffer,” said Roosevelt. Much of what has gone on in the economy over the last few weeks is hauntingly similar to the time of the Great Depression. The government has and continues to relieve the struggling economy that has plummeted to historical lows. “We have not been brought to our present state by any natural calamity – by drought or floods for earthquakes or by the destruction of our productive machine or our man power,” said Roosevelt in the speech. “This is the awful paradox with which we are confronted, a stinging rebuke that challenges our power to operate the economic machine which we have created.” Tonight the United States Senate will vote on the revised $700 billion financial rescue plan. On Monday the first version was shot down by the House of Representatives. Republican presidential nominee John McCain, and Democratic nominee Barack Obama, and his running mate Joe Biden, confirmed they will be present for the vote. President Bush recently addressed the nation on September 24, 2008 to gain support for the Wall Street bailout, only to see it fail to pass in the House vote. It seems like Republicans in the House have gone to great lengths to separate themselves from the Bush administration, no better evident than by failing to pass this vital piece of legislation. It is assumed the bill will get passed in the Senate vote tonight. “The country needs and – unless I mistake its temper – the country demands bold, persistent experimentation,” said Roosevelt, “It is common sense to take a method and try it: If it fails, admit it frankly and try another. But above all, try something.” Now that the United States is “trying something”, let’s hope it works, and wish our next President the best of luck with this mess.
Law Practice Management Made Easy with Clio On October 1st (Tomorrow), Vancouver-based Themis Solutions Inc. will launch Clio, a brand new web-based practice management system for solo and small firm attorneys. Clio is a SaaS (software-as-a-service) product which can be used by both Mac and PC users, since it's accessed over any internet connection. Clio's release is important because the system is specifically designed to serve two populations that have been greatly underserved by the legal software industry: solo/small firm attorneys and Mac users. The product includes bank-grade and internal data security; the data stored in Clio is backed up daily and is easily exportable.
Clio's features cover a wide range of integrated functionality, so attorneys don't need to have several separate programs any more. Case/matter management, time/billing, calendaring, document and contact management, task scheduling, trust accounting and practice performance metrics are all included. The system is easy to learn, highly intuitive and affordable for even the smallest practices. This is the best way to get your practice under control and running smoothly on any budget. The idea for Clio came from the Law Society of British Columbia (LSBC) in Canada. Themis co-founders Jack Newton (President) and Rian Gauvreau (VP) were consultants working for the LSBC. The law society was concerned at how many solo and small firm attorneys were being ensnared in compliance and regulatory problems, partly due to their lack of exposure to technology practice tools. The LSBC commissioned Newton and Gauvreau with the assignment of creating a comprehensive, inexpensive, internet-based system that would help independent lawyers to better run their practices and track their data. Newton and Gauvreau developed Clio as a result, and the product has received rave reviews from its beta user population. With its official launch tomorrow, Clio will be available for purchase by lawyers and law firms everywhere. It is sure to revolutionize the way smaller law firms organize and run their practices, as they will now have a system for storing and tracking the most important information via the web. It will help lawyers stay more efficient with an easy to use system that is accessible anywhere.
Lawline.com Faculty Member Recognized in Top 40 List We love it when our faculty members get publicity, especially if it’s for something good. This week, Fernando M. Pinguelo, an attorney at the firm Norris McLaughlin & Marcus, as well as a faculty member at Lawline.com, has been named to New Jersey’s Top 40 Lawyers Under 40. The list of “40 under 40” profiles lawyers who have achieved a great deal in the early part of their careers and show a huge potential for continued success in the legal field. The lawyers that are featured have demonstrated unique talents in their field and leadership within the legal community. These legal professionals have achievements in the industry and public service that distinguish them among their peers. Fernando is currently featured in a CLE course on Lawline.com entitled, “E-Discovery: What You Technically Should Know”. We wish to extend congratulations to Fernando Pinguelo, as well as everyone else who made the list, from the entire team here at Lawline.com.
Should We Charge President Bush with Murder? It is no secret that a majority of the country is unsatisfied with President Bush's performance in the White House during his two terms of presidency. He has been called with an infinite amount of negative names, has been labeled by some as one of the worst presidents ever and several people have even advocated his impeachment. However a candidate for Vermont Attorney General is now pledging to prosecute President Bush for the murder of thousands of Iraqis and American soldiers. As the Wall Street Journal Law Blog reports, Charlotte Dennett, the progressive candidate for the position, vowed if she is elected she will have Bush prosecuted by attorney and New York Times bestselling author, Vincent Bugliosi. Bugliosi is author of the recently released book, "The Prosecution of George W. Bush for Murder."
Bugliosi says, since President Bush played a role in recruiting soldiers from each state, technically any attorney general has the potential (and the jurisdiction) to file such a suit. Additionally, Bush in a sense duped the public (people of each individual state) into believing Sadam Hussein was an immediate threat and that a war in Iraq would be a response to the terrorist attacks that occurred in the United States. An additional issue that has plagued me is whether in twenty or so years Bush will still be viewed as a terrible president. Sometimes looking back in hindsight, we see why leaders made the decisions that they made, and the way some circumstances required them to carry out certain acts. We truly do not know and we won't know for awhile. If the prosecution does occur (if Dennett is elected) it would not be until Bush leaves office in January.
Financial Crisis, Legal Opportunities The AMLawDaily website today features a story about the effect that the bailout plan proposed by Ben Bernanke and Henry Paulson will have on law firms. They interviewed Alfred Carlton, Jr., former president of the ABA to see what he foresees for the legal profession in the near future. The following is an excerpt from one of his answers: “I think that, in general, the plan will have a profound effect on the practice of corporate law because we are going to enter an era of financial structuring in this country which will more closely resemble the European model. That means much bigger banks with a particularly American twist--more regulation, and thus more jobs for lawyers.” To see the full article, click here. One of the most interesting things that we are likely to see is a rush of attorneys practicing bankruptcy and other forms of law that continue to surround the financial crisis. The recession has hit law firms in the past year, and is now causing lawyers and firms to refocus their practice to deal with current conditions. The lasting effects on the legal profession could be great, even when the financial sector finally begins to rebound.
Thursday Attorney Malpractice Update 9/18/08 Receiver or Trustee in Legal Malpractice Case? Law.com reports on a legal malpractice case involving Smith, Gambrell & Russell which may well turn on whether the plaintiff in the action is simply a trustee or a receiver of the plaintiff company. As one reads this scandal filled case, which includes the suicide of the plaintiff company's former CEO,Kirk S. Wright,who was awaiting sentencing on Federal Charges the importance of this distinction comes to light: By being the trustee, Mixson said, Perkins "stands in the shoes of the corporation" -- a corporation that, according to the trustee, ran a Ponzi scheme. The law doesn't allow lawbreakers to recover financially, Mixson noted, adding, "He can't recover any more than the corporation can." Not so, countered Robert E. Shields, Perkins' lawyer at Doffermyre, Shields, Canfield & Knowles. Shields pointed to the wrongful conduct of IMA principal Kirk S. Wright, who killed himself while awaiting sentencing for his federal fraud and money laundering convictions. "He was not the alter ego for the company in these circumstances," Shields said. Shields added that Perkins isn't just the trustee -- he's also the receiver, which means he can recover. "It was in his role as a receiver that he filed this suit," Shields said, explaining that Perkins first was appointed receiver when the case was initiated in Fulton County Superior Court, and again in the federal action filed by the Securities and Exchange Commission. "The receiver represents the creditors" and doesn't stand in the shoes of the company, he said. ConnectU, Facebook and Collateral Estoppel in Legal Malpractice Legal Pad Blog Reports that the ConnectU people who successfully sued Facebook are in a dispute with Quinn Emanuel over fees. We wonder if anyone has considered the collateral estoppel effect of fee arbitrations on legal malpractice cases. The teaser from Legal Pad is: Legal Pad reports the dispute between ConnectU and Facebook is: The Mintz Legal Malpractice Case Anthony Lin wrote yesterday in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County. The case highlights some interesting principals of legal malpractice which warrant examination. We'll take a further look at the motion to dismiss in this case, which was decided last year. Is it legal malpractice to represent both a small company [closely held] and one of its originators, while suing another? Need the attorney advise, and perhaps remind the originator that the company and not he may be liable for legal fees? This is a secondary problem discussed by Justice Goodman. She writes: "The fifth cause of action alleges that defendants failed to advise plaintiff Joseph P. Shelly, Jr. that he was not personally liable for the legal fees that the defendants were entitled to receive as a result of their defense of an entity in which Shelly had an interest." Attorney-Defendants in the case argued that partial payment of their fees and an equivocal letter provided a defense to this cause of action. The court found that evidence offered in a motion to dismiss must "conclusively establish a defense as a matter of law before a court may dismiss a claim pursuant to CPLR 3211(a)(1). Equivocal letters are insufficient, and the court denied a motion to dismiss. Self-Aggrandizement and Legal Malpractice Anthony Lin writes today in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County, and discusses a recent decision of Justice Emily Jane Goodman. Justice Goodman has a fair number of legal malpractice cases on her docket. Lin's article highlights a well known meme in legal professional circles; lateral movement between biglaw firms. One publication, NY Lawyer is highly sensitive to movement of attorneys between large law firms. "NY Lawyers on the Move" or "The Problem of Poached Lawyers" is a staple of this particular magazine. Is Shelly "A legal malpractice suit against the current New York managing partner of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo claiming he was too preoccupied with his lateral movement among firms to timely file a lawsuit " as Lin writes? Perhaps. Is it legal malpractice to allow amendment of an answer which then leads to dismissal of a cause of action because the original answer failed to allege statute of limitations and the amended answer successfully alleged statute of limitations? Justice Goodman held that it was not legal malpractice, because she, and the majority of courts permit amendment of answers absent prejudice, which she describes as "investment of time/expense in engaging in substantial discovery, motion practice or trial preparation." If there is no investment, there is no prejudice, and a reasonable [if hypothetical] court would have allowed amendment. Ergo, no malpractice.
Fighting Traffic Tickets in New York Getting traffic tickets can be a huge nuisance to drivers. Not only do they require you to pay a huge fine, but they also have the consequence of points added to your license. Points on your license typically results in higher insurance rates. As a driver under twenty-four, getting a traffic violation is one of my worst nightmares. Insurance rates are high enough, receiving a traffic violation may equal no more driving, if points are added. Lucky for many, Weiss & Associates founded by Matthew J. Weiss, specializes in traffic violations. Weiss' attorneys in New York are each allocated to specific locations in which they are versed with local traffic court rules. However not every situation is arranged with an attorney. In order to decide whether clients should meet with an attorney clients are evaluated. Drivers can view many traffic tips and much more useful information on Weiss' often updated website, New York Traffic Attorney. Weiss tells New York Enterprise Report that he aims to inform and educate his potential customers. They may be able to handle the situation themselves, as he says, "If this helps you, then that's great. But most people, when they start reading and see that it's more involved than they initially thought, often decide to hire us instead." Perhaps one of the most remarkable features of Weiss' firm is the way it is run. "This model allows me to really work on my business, rather than in my business," says Weiss. "At this point, I look at myself more as a business owner than a lawyer," he says. Wiess has the ability to spend time on marketing efforts. For example, he is consistently doing research on the laws and current situations regarding his area of specialty. He reports this information to viewers on his website, which he says helps him to maintain a high rank on Google's search engine. He is also creating marketing efforts through Facebook and his own online community, NYTrafficCourtDirectory.com. Weiss will be teaching a live CLE Course at Lawline.com on October 3rd entitled "How to Fight a Traffic Ticket in New York City".
Lawyers Taking Bankruptcy Courses in Record Numbers Yesterday’s financial meltdown on Wall Street and the unprecedented bankruptcy filing of Lehman Brothers has had a ripple effect in the Continuing Legal Education arena. With the market closing down 500 points, attorneys around the country have made Bankruptcy courses their #1 priority.
Here at Lawline.com, we started seeing a record number of Bankruptcy courses being taken early Monday morning and continuing at an increasing pace since that time.
David Schnurman, our president, commented that, “In the 10 years that we have been providing Online CLE, I cannot recall another time when the events of the real world crossed over into the courses attorneys chose to complete their mandatory requirements.” This is an interesting trend, one that we will continue to follow as the market continues into dangerous territory. Click the link to see some of the bankruptcy courses we offer.
Harry Potter on Trial What constitutes copyright infringement of books that are produced with intent to be references of other books? It is generally determined by the amount of creative content that appears to be taken from the original work. When author and Harry Potter fanatic, Steven Vander Ark, created a book titled, "Harry Potter Lexicon", author of the Harry Potter series, J.K. Rowling felt a significant portion of her work was being infringed upon. Last year Rowling and Warner Brothers Ent. brought action against Vander Ark and his publisher, RDR Books in attempt to prevent them from releasing the publication. Earlier this week the New York Southern District Court ruled in favor of Rowling and Warner Brothers. The defendants argued the lexicon was a transformative use entitled to first amendment protection. However, the Court stated, "[The] Lexicon appropriates too much of Rowling's creative work for its purposes as a reference guide." Vander Ark, who operates a popular Harry Potter fan site of the same name, claimed he pursued the publication primarily out of admiration for the series and the author, and also at the desire from his regular web viewers. He also says that, although he lost the case brought about by Rowling, he is still a fan. The irony here is that Rowling previously seemed to also be a fan of the Lexicon website. The NY Times says, a Rowling actually granted the Lexicon a "'fan site award'" in 2004 and [she] commented in interviews that she even relied on the site — which provides an annotated catalog of characters, spells, magic potions, locations and events in her books — while writing." However as Rowling stated, "I went to court to uphold the right of authors everywhere to protect their own original work." Rowling also stated that she originally had hopes to create a work similar to the one Ark attempted to publish and donate the proceeds to charity, but she now currently finds herself too distressed to do so.
Pay Tuition, then Pay for Experience? Should recent law graduates have to pay law firms for the experience they receive? John Hull, operator of the blog, "What About Paris?", is proposing that recent law graduates pay law firms for the experience they receive. This is quite frightening. He feels that the experience a new law graduate receives from a law firm, the first three years following graduation, is more valuable to the graduate than the work they provide to the firm. He proposes that instead of getting paid with money from firms when graduating law school, one will be paid by experience. Moreover, the graduate may have to pay the law firm for the "education" they are receiving from the firm. At first glance for any prospective law student, or current law After all, law students come out of law school with tens of thousands, possibly even hundreds of thousands, of dollars in debt. For people who cannot afford this, it may be a major turnoff to joining the practice of law.
Thursday Attorney Malpractice Update 8/28/08 THIS WEEKS CASES IN LEGAL MALPRACTICE A World Wide Conspiracy and Legal Malpractice Reading this case, in which there is an ancillary legal malpractice case, reminded us of the ubiquitous nature of legal malpractice. This case, ELIOT I. BERNSTEIN, et al., Plaintiffs, - against - STATE OF NEW YORK, et al., Defendants.07 Civ. 11196 (SAS); UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2008 U.S. Dist. LEXIS 61269August 8, 2008, Decided August 8, 2008, Filed makes for fascinating reading. Just look how it starts: Defendants: " For many years, pro se Plaintiffs Eliot I. Bernstein and Plaintiff Stephen Lamont have engaged in a defamatory and harassing campaign . . . alleging an immense global conspiracy . . . . Although largely unintelligible, the [*3] [Amended Complaint] purports to describe a fantastic conspiracy among members of the legal profession, judges and government officials and private individuals and businesses to deprive plaintiffs of what they describe as their "holy grail" technologies" Whistleblower Legal Malpractice? We often remark that legal malpractice may be found everywhere, and in many an unusual circumstance. The "Big Dig?" Sure. Here is a story from NY Lawyer about a whistle blower whose case was overlooked: "A would-be whistle blower is suing Washington-based firm Phillips & Cohen in the U.S. Court for the District of Massachusetts for allegedly failing to pursue his false claims case against a contractor to the state's massive "Big Dig" highway project. According to the lawsuit for legal malpractice and breach of contract, the plaintiff claimed that he entered into a contract with Phillips & Cohen and attorney Peter W. Chatfield around June 2000. The plaintiff alleged that the firm failed to pursue his case for several years, also that he "did not discover that he had suffered any damages or losses resulting" from Phillips & Cohen's lack of action until September 2006. Johnston v. Chatfield, No. 1:08-cv-11219-WGY (D. Mass.) In July 2007, the company pleaded guilty and agreed to pay $50 million to settle criminal and civil charges related to a fraudulent scheme involving concrete. Aggregate agreed to provide up to $75 million in insurance coverage for maintenance problems related to the scheme. " Matrimonial law is rife with questions of legal malpractice. As in most spheres of the law, settlements take place in the majority of cases. The general rule in legal malpractice is that one may sue the attorney after a settlement if the settlement was "effectively compelled" by the actions of the attorney. Here is a case which seem to have arisen after the attorney sued for fees.Steven L. Levitt & Assoc., P.C. v Balkin ;2008 NY Slip Op 06640 Decided on August 19, 2008 Appellate Division, Second Department .
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