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Friday Five: Get Out and Eat All across the country its getting warmer. And, as it usually does around this time of the year, it is getting harder and harder to grind out each day at the office. It is important on days like that to find ways to break up the day and keep yourself moving. That is why I would recommend getting out of the office for lunch as much as possible. It is enough that you spend 40-50-60+ hours at the office each week, you don’t need to add to it by eating there too. It is the perfect break to the day, and it will keep the motivation level higher to get you through nice warm days like this. Happy Friday, see you in May! TOP FIVE REASONS TO GET OUT OF THE OFFICE FOR LUNCH
1. MIDDLE OF THE DAY. Lunch is the perfect timing for a break becomes right in the middle of the work day. If you are going to break up the time, there is no better time to leave the office. By the time you get back, you will be refreshed and ready to crack down for the next couple of hours.
2. SIT OUTSIDE. If the weather permits, there is nothing better than sitting outside during lunch. This gives you a chance to enjoy the weather and get out of that stuffy office. There is nothing better than sitting there, eating your sandwich, and letting the sun bake away your stress.
3. MEET WITH CLIENTS. Lunch is the perfect opportunity to meet with clients casually during your busy week. Take advantage of some of the extra time you have to improve your client relations. And if there are no clients to meet with, go out with colleagues and friends to get your mind off of work, which leads me to my next point. 4. CLEAR YOUR HEAD. No matter what, getting out of the office is like an escape from the pressures of work. Just sitting down for a short meal somewhere other than the office allows you to drift away and think about anything else other than whatever you are working on. That way you do not have the extra stress of work leaving the office with you. 5. ENJOY THE MEAL. It is far easier to fully enjoy a meal outside of the office than in it. End of story.
Law Firms Going Green and Loving It Green, it’s the buzzword of the decade. But what does it really mean to say that businesses are going green? Well, for different businesses it can mean different things. But overall, it means that the company is making efforts and strides to reduce waste, conserve energy, become more sustainable, and give a little something back to the environment. Companies have started to see that not only is going green good for the environment and public relations, it can actually be a real money saver in the long term.
Importance of Social Networking Sites in Recruiting Lawyers are notoriously slow adapting to change. Changes in the way we do business, in the way we hire new employees, in the way we reach out to the public, are never headed up by the legal community. It is a profession marked by long standing traditions and a very specific set of values and standards. But now, as new technologies continue to open up doors for all businesses every single day, it is important that even lawyers and law firms try to keep up.
Friday Five: The Pope is in Town Welcome back to Friday and the return of the Friday Five. After a week off, we decided that it was time to get back to the old ball game. Being located in New York City has its advantages, just not when the Pope is in town. Try getting from point A to point B when all points are closed. Difficult is an understatement. Anyways, today the Pope spoke before the UN and addressed some pressing international issues. I feel he may leave the U.S. without addressing some of our most pressing issues. What issues am I speaking of, find out below.
New Lawline.com Referral Program Means Savings for Attorneys New York, NY - April 17 -- Lawline.com, a leading provider of Online Continuing Legal Education nationwide, has launched its brand new Refer-A-Friend Program. The program allows members of the site to refer other lawyers to Lawline.com, for which they will be compensated with Free Continuing Legal Education (CLE) Credits. In addition, those attorneys that are referred will be offered a one-time discount of 15% off of their initial purchase.
Thursday Attorney Malpractice Update 4/17/08 CASES THIS WEEK IN LEGAL MALPRACTICE Jusuf Becovic, et al., Plaintiffs-Respondents-Appellants, v Poisson & Hackett, et al., Defendants-Appellants-Respondents. 3142, 118056/04 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 2008 NY Slip Op 2644; 2008 N.Y. App. Div. LEXIS 2594 March 20, 2008, Decided Plaintiffs were physically injured, and the placement and maintenance of a garage sign was an important element of the personal injury case. They lost and sued the attorneys. The legal malpractice case was dismissed on summary judgment. Note the parting comment on discovery. “In this legal malpractice action, plaintiffs are unable to demonstrate that they would have succeeded in the underlying personal injury action "but for" defendants' conduct (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434, 866 N.E.2d 1033, 834 N.Y.S.2d 705 [2007]). Contrary to the motion court's conclusion, plaintiffs cannot show that the defendants in the underlying action created the allegedly dangerous condition by an affirmative act of misfeasance (see Mercer v City of New York, 88 NY2d 955, 670 N.E.2d 443, 647 N.Y.S.2d 159 [1996]; Kelly v Berberich, 36 AD3d 475, 476-477, 828 N.Y.S.2d 332 [2007]), [**2] and the claim that said defendants failed to maintain the garage sign that was purportedly the instrumentality that resulted in the injury is not sufficient for this purpose. Plaintiffs also failed to raise an issue of fact regarding notice of the condition, since their sole opposition was hearsay (see Wertheimer v New York Prop. Ins. Underwriting Assn., 85 AD2d 540, 541, 444 N.Y.S.2d 668 [1981]). In view of the dismissal of the instant action, we need not address the arguments on plaintiffs' cross appeal for spoliation sanctions. We note, however, that plaintiffs' position is lacking given the long period of inaction [*2] by their attorneys in this action in failing to avail themselves of the opportunity to seek third-party discovery.” Naida I. Velazquez, etc., appellant, v Bruno Decaudin, et al., defendants, Arnold Streisfeld, etc., et al., respondents. (Index No. 3191/06) 2006-10455, 2007-05614 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 2575; 2008 N.Y. App. Div. LEXIS 2514 March 18, 2008, Decided “The complaint alleges, insofar as is relevant here, that Jose, believing, on the basis of misrepresentations by certain of the defendants, that he was refinancing to save his mother's property from foreclosure, entered into a contract to convey the property to Decaudin for $ 390,000. The property allegedly was worth $ 600,000 at the time. When the closing was scheduled, Jose [**5] allegedly was advised that only he had to attend the closing, but that he should bring with him his mother's social security card and driver's license. At the closing he allegedly was introduced to Streisfeld, and was told that Streisfeld was his attorney. [*3] The complaint alleges that, prior to the closing, Streisfeld had been provided with a copy of the power of attorney by which Jose was purporting to act in connection with the closing. The power of attorney, which had been executed by Jose's mother, appointed Jose and his sister, the plaintiff, Naida I. Velazquez, acting jointly, as attorneys-in-fact for their mother. Despite the requirement that Jose and the plaintiff act together, however, the complaint alleges that Jose acted alone in connection with the conveyance of the property and that the plaintiff was unaware of his actions in that regard. According to the complaint, the closing proceeded only after a lengthy meeting, from which Jose was excluded, between Streisfeld, the representative of the defendant Old Town Abstract Company, LLC (hereinafter Old Town), which was the agent of UGT, and the mortgage brokers, financial advisors, and other attorneys involved in the transaction. [**6] When the closing did proceed, Jose was taken into a room separate from the other participants, where he was advised that he was required to execute a deed, as well as a use and occupancy agreement and an option to purchase agreement. The use and occupancy agreement provided that Jose, who resided elsewhere, could continue to reside in the premises for a period of 12 months as long as he paid Decaudin's mortgage payments in a timely fashion during that period. The option-to-purchase agreement provided that as long as he did not default in his obligations under the use and occupancy agreement, Jose could purchase the property during that year for $ 370,500, which was the total amount of the two mortgages that Decaudin executed in favor of the defendant Sunset Mortgage Company at the closing. The complaint further alleges that, at the closing, Jose, Decaudin, Streisfeld, and the attorney for the lender executed an escrow agreement, pursuant to which no funds were to be disbursed, no documents were to be recorded, and no title insurance was to be issued until an original power of attorney in favor of Jose had been delivered to Old Town. The escrow agreement further provided that if the [**7] power of attorney were not delivered, the closing documents were to be returned to the respective parties. The complaint alleges that even though the power of attorney was never delivered to Old Town, the funds were disbursed and the closing documents were not returned, but were recorded, and UGT issued a policy of title insurance. The complaint alleges that the closing documents reflect that Decaudin paid approximately $ 295,000 to satisfy the outstanding mortgage indebtedness on the property and that the remaining $ 95,000 that had been borrowed from Sunset was disbursed to the defendants, rather than to the owner of the property, the plaintiff's decedent. Several months later, Jose defaulted in his obligations under the use and occupancy agreement that was executed at closing and DeCaudin initiated a summary dispossess proceeding, in which he was represented by the defendants Ira S. Clair, an attorney, and Clair and Gjertsen (hereinafter collectively Clair). The proceeding resulted in the issuance of a judgment in favor of Decaudin and a warrant of eviction. The complaint alleges that in a motion to vacate the judgment and warrant, Clair was made aware of the alleged defect in Decaudin's [**8] title but negligently failed to examine the relevant documents or do anything else to ascertain the true state of Decaudin's title.”
Lawline.com Launches New CLE Courses from Pincus Professional Education April 16, 2008 – New York, NY - Lawline.com, a national provider of Online Continuing Legal Education, is announcing the launch of brand new CLE programs sponsored by Pincus Professional Education. The courses will be hosted exclusively on Lawline.com starting April 15, 2008. Pincus joins Lawline.com as a partner, providing course content to a growing list of CLE programs featured on Lawline.com.
Child Custody Issues Redefined After a raid on a West Texas Polygamist compound last week, state officials are now preparing for one of the largest child custody cases in US history. All 416 children taken from the ranch are now being held in the custody of the state after their mothers were allowed to return to the ranch on Monday. The custody case, which will be historic in many senses, is underway as the mothers are asking for their children returned to them unharmed as soon as possible.
Originally the mothers voluntarily left the ranch with their children, but returned Monday in what many of them called a trick by state officials who did not inform them that they would have to leave their children behind. Lawyers will begin to sort through the many custody issues at hand at a hearing scheduled near the end of the week. The state of Texas will be looking to set many of the children up in foster care, whereas the mothers of the children will be trying to win back custody of their children at the ranch or elsewhere.
For more information you can read this article on ABC News, “Battle Over Sect Children Begins”. This will be an important case to follow as it is the first of its kind on this type of scale. It could set an important precedent not only in future child custody cases, but how cases like this are handled in the face of religion.
Lawline.com to Host Live Continuing Legal Education Event on April 25th in NYC New York, NY, April 08, 2008 --(PR.com)-- Lawline.com and Sean Carter are teaming up to present a live Continuing Legal Education presentation. On Friday, April 25th, Lawline.com will host its first live CLE event. The program will feature Sean Carter, who has been called the Funniest Lawyer in America. This live event offers attorneys a unique way to satisfy their New York CLE Ethics requirement. Sean Carter, known as the Legal Humorist, has gained popularity touring the country and giving very interesting speeches and lectures. His unique ability to showcase the lighter side of the law has made him a favorite among lawyers nationwide. He speaks at various conferences and major law firms throughout the year. What: Live CLE Program - 4 Ethics Credits Where: 61 Broadway, New York, NY 10006 When: April 25th 8:30am-1:00pm Cost: $125 for 2 hours; $225 for 4 hours Lawline.com remains committed to providing the highest quality Continuing Legal Education. They believe that attorneys should be empowered to learn through newer, more interesting programs that help build professionalism and practical skills. This event gives New York attorneys the opportunity to fulfill their mandatory credits in an exciting way. The event will be held at 61 Broadway, New York, NY 10006. The live program will be broken into two sessions, of which attendees can sign up for one or both. The first session starts promptly at 8:30am and will continue through to 10:30am. The second session will begin at 11:00am and end at 1:00pm. The cost of each individual session is $125, and a discounted cost of $225 is available for those signing up for both sessions. Session 1: 8:30-9:30 "A Funny Thing Happened on the Way to the Disciplinary Hearing" 9:30-10:30 "Can't We All Just Get Along?" Session 2: 11:00-12:00 "LAWghter is the Best Medicine" 12:00-1:00 "Sue unto others as you would have them Sue unto you"
Friday Five: Final Four Law Schools The final four is here. The entire college basketball season has come down to four teams and one weekend. And in honor of those schools, we have a unique edition of the Friday FINAL FOUR LAW SCHOOLS 2. UNC School of Law. In this place, students master the core of the Anglo American legal tradition-contracts, torts, constitutional law, civil procedure and other substantive areas of law-under the guidance of some of the nation's finest legal scholars. Students learn much about how to practice law, from brilliantly accomplished clinicians and practitioners. All of these experiences deepen our students' appreciation for the professional responsibilities that all lawyers must assume. Our devoted alumni, far-flung from one side of the globe to the other once aspired as students to join this noble profession. Each chose to begin the journey with us. No matter their varied paths, our 9,500 living alumni cherish an abiding sense of affection for Carolina Law, and acknowledge with gratitude this school's role in shaping their remarkable professional lives. http://www.law.unc.edu/
3. Kansas School of Law. The mission of the University of Kansas School of Law is to further the knowledge and understanding of law and the legal system through a balanced and integrated program of teaching, research and service. As a unit of the University of Kansas, a state university and a major research institution, the School of Law serves its students, the legal profession, the state, and the broader university and academic community by developing and sharing expertise on a wide variety of legal topics, with the ultimate aim of making a significant contribution to the administration of justice in the state, the region, the nation, and the international community. http://www.law.ku.edu/
4. Cecil C. Humphreys School of Law at Memphis. The Cecil C. Humphreys School of Law began in 1962 as a college within Memphis State University. The law school began in response to widespread interest in developing a full-time legal education program to serve Memphis and the Mid-South. The School of Law was created to replace two local private law schools, The University of Memphis Law School and the Southern Law School, which offered a part-time education. The School of Law at The University of Memphis was named in honor of the University's President, Cecil C. Humphreys, an educator of great distinction and recognition in the state of Tennessee. Since its inception, the Cecil C. Humphreys School of Law has graduated over 4,500 students who have assumed positions of responsibility and prominence as lawyers, judges and public officials in all fifty states. http://www.law.memphis.edu/
Thursday Attorney Malpractice Update 4/3/08 Another Big Law Bankruptcy Legal Malpractice Case Patent Law, Legal Malpractice, State Court and Wisconsin
Online Privacy: Can it ever really exist? In yesterday’s issue of the New York Law Journal, there was an article that caught my eye. As someone who has spent a good amount of time analyzing internet based laws and legal issues, the headline “Law Would Restrict Internet Use-Based Ads” could not have gone unnoticed. In fact, reading the article got me so fired up that I knew I had to make mention of it here.
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