Lawline.com

In these trying economic times, the last thing struggling couples need to worry about is the high cost of divorce. Fortunately, the emerging field of collaborative law enables couples to settle without engaging in costly litigation and also provides for additional legal counseling and other financial and mental health services for families of divorce. To learn more about the professional and personal benefits of practicing collaborative law, watch Lawline.com’s recent program “Why Would an Attorney Want to Practice Collaborative Law,” in which members of the New York Association of Collaborative Professionals provide answers to frequently asked questions about this growing field. After viewing this course and learning about the high level of job satisfaction of collaborative law practitioners, many will be interested in receiving training in this emerging area of law and adding it to their law firms’ practice areas. Also,
to learn more about specific families who have participated in the collaborative divorce process, read the following recent articles from DemocratandChronicle.com and WSJ.com, respectively: Collaborative divorce can help ease  transition and Breaking Up Without Breaking The Bank.

A short clip from the program can be viewed below:

There are many times when lawyers who deal with estate planning and taxes will need to use an appraiser for different types of personal property.  Lee Drexler, president of Esquire Appraisals, Inc. of New York City and Westchester, is an experienced appraiser of fine arts, furniture and jewelry and has seen many unique pieces throughout her career.  We spoke with Lee recently and asked if she could share with us some of the more interesting things that she has seen over the years.

One such story that she shares in the video below is of a woman who wanted her to appraise her engagement ring.  It appears the woman had take the ring in to be reset earlier and had never been fully satisfied with the look and feel of the ring afterwards.  Well, as you might suspect, it didn’t take Ms. Drexler long to discover that in fact the ring she was given back was fake.  Both the diamond and the gold that it was set in were no longer real.  An awful fact to find out so many years later, but as Lee says, she is brought in to reveal an ugly truth a lot of times.

Lee Drexler recently filmed a presentation with James Cohen on the legal aspects of appraisals for CLE credit on Lawline.com.  The program covers the issue from both sides, the attorney and the appraiser. Lee has also written a book called Fabulous Finds, where she shares stories like this about finding valuable pieces that nobody even knew existed.

To contact Lee Drexler, call 212-889-2580.  Please enjoy the short video below, and look for the CLE lecture soon.

In today's Tip of the Day faculty members Josh Silber and Richard Abend explain what resources are available for acquiring evidence for medical malpractice cases. Supplemental evidence can be crucial in cases where medical reports are false, or ambiguous.

This clip is from Josh Sibler and Richard Abend's "A Practical Approach to Medical Malpractice Litigation".

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

Creator Scott H. Greenfield, Esq. states, “Blogs don't require the tedious style used in briefs and motions, and allow me to have some fun with the subjects.” And his enjoyment is definitely palpable through his informative entries that combine current events with the law. Although the blog primarily focuses on stories surrounding the legal realm, Greenfield expands them to anything that may capture his attention.

What makes this blog stand out from the rest is the style in which it’s written: “My posts generally take me 10 minutes to write, and aside from spell-check, they are posted as written, errors and all.”

This au natural posting style coupled with succinct, up-to-date information makes this blog a must-follow.

Visit the Simple Justice blog at http://blog.simplejustice.us/

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

Back in 2003 when Arnold Schwarzenegger was being introduced as “the governator,” Jack Balkin had the idea to create a legal blog focusing on constitutional law and related issues with a liberal yet serious  tone. However, after a few years, as more and more contributors joined, Balkinization transformed into a group blog with topics changing according to the authors’ interests.

So what’s so special about this one? It’s all-encompassing. Although it has a more liberal lean, the variety of contributors who give their opinions on current issues and the fact that each post is followed by insightful comments from readers makes it well-balanced.

As for the content, Balkin states, “In the past we've done a lot of work on war on terror and presidential power issues, and a lot about civil liberties and constitutional interpretation. Because there are several political scientists as well as lawyers on the blog we have a fair number of political science discussions, and through Sandy Levinson's influence we have had many posts on constitutional design.”

A law blog with posts and input from non-lawyers? That’s progressive.
Visit the Balkinization blog at http://balkin.blogspot.com/

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

At times, reading law blogs can be a bit weighty and academic for lawyers and non-lawyers, alike. But recently, I stumbled across a blog that not only focused on pertinent civil rights issues, but also explained them in a smart, concise manner.

The blog I refer to is “Wait a Second!” by the law firm of Bergstein & Ullrich, LLP. Its main focus is the United States Court of Appeals for the Second Circuit because of the fascinating nature of Federal appellate decisions.

Blog creator and self-proclaimed “Second Circuit case law junkie” Stephen Bergstein started the blog in July 2007 with a post about the First Amendment case Husain v. Springer. He was intrigued by the dissenting opinion of the conservative Second Circuit judge, Judge Jacobs, who deemed the act of even reading the case’s majority opinion a waste of time.

As for Bergstein’s reason to blog about such cases? “Second Circuit decisions often have very interesting asides from the judges which no one other than the case law junkies even knows about. I thought that someone should be publicizing cases like this.”

Visit the Wait a Second! blog at http://secondcircuitcivilrights.blogspot.com/

CNN reported today that Democratic leadership in the House reached a deal with several “Blue Dog” Democrats to allow the Energy and Commerce Committee to resume its debate of the health care bill with a vote expected by the end of the week.  The deal also reportedly puts off a vote by the full House until after the August recess.

President Obama and House and Senate Democratic leadership originally wanted both the House and Senate to approve the bill before the recess.  Why?

Short deadlines tend to increase pressure and urgency and provide incentives to parties to accelerate the negotiation process.  As a result, they are often used by those hurt by the passage of time and who don’t care much about a future relationship with their counterparts.  Here, President Obama sought to capitalize on his early popularity, which has started to wane as the economic slowdown continues.  Delay – especially over the August recess - will also allow opponents of the bill more time to publicly organize and resist passage.  Bipartisanship also wasn’t a huge priority for President Obama.

Now that a vote on the bill most likely won’t occur until September at the earliest with President Obama’s new deadline for a bill on his desk by the end of the year, let’s consider the benefits of this new longer deadline.  Longer deadlines decrease pressure and urgency.  As a result, they are often used by those helped by the passage of time and/or those who want a future relationship with their counterparts.  Longer deadlines also help those creatively working together to resolve mutual problems.

Here, the longer deadline allows Senate Democrats and Republicans time to potentially negotiate a bipartisan compromise.  This longer deadline thus increases the likelihood of garnering support from moderate Senate Republicans.  

Finally, with both sides of the aisle creatively working together, it might also result in a more thoughtful and ultimately effective piece of legislation.



Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.  As constant advocates of education, we recognize the importance legal blogs (or more appropriately named Blawgs) as they facilitate the exchange of information.  This week we will be featuring “That’s What She Said.”

For anyone who is a fan of the NBC show “The Office,” you will certainly find this blog both entertaining and revealing.  Most people who work in an office environment will agree that the television series can be very representative of reality.  This blog, however, takes it to a new level and views the episodes from an unconventional viewpoint by highlighting problematic legal situations that generally go unnoticed.  Like an analysis of literature that sheds new light upon the work, this blog similarly offers new insight and perspective upon, and often greater appreciation for the television show.

In one particular blog post, Foster identifies a potential liability claim after Michael (the main character of the Office) announced that there would be lay-offs at a company picnic in front of employees and their families.  In a real life situation this can potentially present a claim of “negligent or even intentional infliction of emotional distress.”

The blog is run by Troy Foster, an employment attorney from Arizona.   Foster started his career as an HR professional and recognized that when work is fun, learning is facilitated.  Using this concept, his blog provides the opportunity to teach something out of a fun and entertaining show.

To check out the blog go here:  http://employmentlawpost.com/thatswhatshesaid/

In Our Lawline.com Video Tip of the Day, David A. Kalow and Tal S. Benschar talk about how to copyright your produced work and the necessity of registering your copyright.

Most people don’t know that a work is copyrighted (in the United States) the moment it is put into tangible form.  Watch the clip for more information!

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.  As constant advocators of education, we recognize the importance legal blogs (or more appropriately named Blawgs) as they facilitate the exchange of information.  This week we will be featuring “Taxgirl.”

Kelly Phillips established “Taxgirl” after recognizing that there existed a lack of taxing resources and information for the general public.   She doesn’t provide explicit legal advice, but she does seek to answer general questions that is probably already available to the public in some way (it’s just a matter of seeking it out—tax girl eliminates that problem).  Kelly says that, she "loved the idea of promoting a dialogue about tax that anyone could take part in." 

In her “Ask the tax girl” series she answers questions that “taxpayers” send in.  Questions range on topics from personal deductions to general questions such as what happens if you get caught cheating on your taxes.

The witty writing of the blog makes the tax information more enjoyable than it would otherwise be.  We are all, however, taxpayers, so a lot of the information is useful to us and quite interesting.   One Taxpayer asked if the President of the United States has to pay income tax.  Some people may be surprised to find out that the answer is yes.  You can read that entry here.

To check out the “Ask the Taxgirl” Series go here

Visit the Taxgirl blog at http://www.taxgirl.com

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.  This week we will highlight Steve Schwartz’s LSAT Blog. Every prospective law student knows the importance of the LSAT.   And every attorney remembers the significance of the LSAT.  This blog provides tips on the LSAT and law school admissions.

Schwartz, a private LSAT tutor in Manhattan, started his LSAT blog because he feels that “people shouldn't feel the need to spend $1500 to do well on the LSAT and get into law school.”  I would have to agree with him.  LSAT Courses are increasingly expensive.  With the competitiveness one faces when applying to law school, they are also deemed necessary in order to succeed.  This blog demonstrates a few ways around taking an expensive course.

The blog, which began six months ago, offers new tips every Friday.  Schwartz also updates his Twitter page daily.  The tips range from study techniques to advice on specific sections of the exam.  A useful post I found was Best LSAT Prep Books, which lists different LSAT books one may use as well as introductory books on Logic.  There is also a “Better Know a Law School” series where admissions officials from law schools answer questions that help perspective students understand the school a little better.  This offers valuable insight on other aspects of admissions because normally the only information available is the numbers. 

To check out the blog go here: http://lsatblog.blogspot.com/

For an organized listing of all of the blog posts click here.

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.  As constant advocators of education, we recognize the importance legal blogs (or more appropriately named Blawgs) as they facilitate the exchange of information.  This week we will be featuring “Wired GC.” 

GC stands for “General Counsel,” as the blog focuses on the “Role of the General Counsel.”  So if you’re in charge of legal transactions in your company, this is the place to go to keep direction and stay on top of the latest issues that concern the legal world.  Even if you don’t “run things,” the blogs John Wallbillich posts are useful to all.

One post gave suggestions on procedures to follow if a pandemic had broken out.  Wallbillich’s straightforwardness is appreciated as he recognized, “You will have workers who can’t come to work, and many others who won’t want to.”   Another post is quite frightening for any student, as Wallbillich illustrates, that students who use Facebook tend to have lower grade point averages. 

You can also check out the blog series of Wired GC – Off the Meter.  This is a seminar series that highlights the changing legal market and how to best adapt to it. 
 
To visit out Wired GC go here : http://www.wiredgc.com

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.  As constant advocators of education, we recognize the importance legal blogs (or more appropriately named Blawgs) as they facilitate the exchange of information.  This week we will be featuring “Patent Baristas.”
 
Patent Baristas is initially attractive because of the image it constructs.  Visiting the blog immediately inspires my desire for a cup of coffee, but that’s beside the point.   The blog focuses on recent developments on national and international intellectual and property patent law; often with a concentration on biotechnology and pharmaceutical issues.
 
For any attorney, or person interested in these issues, this site can be very resourceful. As editor, Stephen Albainy-Jenei posts information on upcoming events, book reviews, useful websites, recent cases, etc.  For an example of the high quality commentary that the blog provides, take a look at this recent post on the Department of Justice Antitrust Division.

Additionally, many of the posts exemplify how patent law and intellectual property may impact a person who is not particularly interested in the topic.   For any innovators or entrepreneurs, patent law can be significant.  In a global economy, both national and international laws matter.  As technology advances, patent and intellectual property law become more and more relevant.

Check out the blog here : http://www.patentbaristas.com/

This week at Lawline.com we are beginning a new blog series that will recognize some of the most notable legal blogs on the web.  As constant advocators of education, we recognize the importance legal blogs (or more appropriately named Blawgs) as they facilitate the exchange of information.

“Overlawyered,” although essentially critical of the legal system, is a blog I often visit to find unique legal news that other Law Blogs don’t typically pick up on.  The outlandish situations that he blogged about attracted my attention.  For example, a recent post talked about a Tennessee woman who is suing McDonalds for failing to provide a safe environment for their customers.  The woman was assaulted by a homeless man outside of the fast-food restaurant after she offered him a cheeseburger.  Another post was about a former convict describing his jail experience on Twitter. The posts are normally witty and partially entertaining as they are comparable to “weird, but true.”

Walter Olson, founder of Overlawyered, created the blog with intent of underlining the mishaps of the American legal system.   The blog began in 1999, and is considered to be one of the first legal blogs on the internet.  Olson is not a lawyer himself but is well versed in the field after authoring several books on the American legal system.  He says he initially founded the blog as a method to keep “notes for future use.”  Olson says when writing posts for Overlawyered, he often anticipated that internet users would later be able to refer back to them when doing research on related topics or issues.  He feels this, as well as blog interaction, was a major asset to his prominent longevity in the blogosphere.

Olson acknowledges the importance of social media and blogs for professionals today.  He was reasonably well-known as an author before he established his blog, but he now concentrates on turning his blog readers into his book readers.  This exemplifies that blogs have potential to be the primary resource point. Furthermore they can successfully serve as an avenue to promote what used to be the primary creation.

To check out Overlawyered go to http://www.overlawyered.com.

The current state of the economy has everyone in a flurry.  Employees are finding that jobs are hard to come by and employers are being left with an understaffed workforce.  It’s not only the big businesses that are being hurt by this situation, but also small businesses, that including law firms.  Cari Sommer and Lauren Porat recently launched Urban Interns, a New York based website that may provide some relief to the small workforces in need of a hand.  Urban Interns is a job resource that provides more flexibility options for both employers and employees.

Employers post detailed listings seeking paid or unpaid interns, with the option of selecting how many hours assistance is needed, what type of work it will be, and who is eligible to apply for positions.  They can also search through a database of potential employees based on their specific needs.  Sommer says this is a cost effective solution for small businesses and law firms as needs are changing and employers need help in a variety of fields in everything from admin work to research assistance.  Sometimes a full time employee is not necessarily needed, but there is a need for someone who is at least semi-qualified and possibly even skilled in some field. 

Skill isn’t, however, always a necessity.  Urban Interns is also a resource for interns who are trying to get their foot in their door.  And being by saying semi-qualified, it could mean merely holding an interest in the particular field of work.  To the benefit of employers, every candidate must be at least a college student, to post their profile on the site.  Small law firms can potentially recruit students who are eager and interested in being exposed to the legal world.  It benefits the students as well as their tight class schedules often require minimized work hours.  

Urban Interns aims to be different than other job-listing sites out there by allowing ease and flexibility on both ends of the spectrum.  Employers and interns also have the ability to communicate via messaging through the site before exchanging personal contact information.  The job market is changing right now, and needs are changing.  It is obvious that the part-time workforce is likely to grow.  And even when the economy IS restored, there will surely be a need to find competent part-time help.

The Legal Beat, Lawline.com’s blog and outlet to the rest of the legal community, prides itself on non-stop coverage and analysis of all things related to the law.  We are constantly looking for likeminded professionals to share and communicate with.  Recently, we found Tim Baran, owner and author of CLE Post.

CLE Post is a blog that focuses on informing everyone in the legal community about continuing legal education parameters, guidelines, requirements, and updates.  It has become a great source of information for everyone in the field in a relatively short amount of time.

Recently, we spoke with Tim and asked him to describe his passion, why he started CLE Post, and where it was going. 

Q - Why did you start CLE Post?

A - A passion for efficiency, technology, innovation and productivity served as the impetus for creating CLE Post.   In other words, this new venture is the result of a burdened creative soul parading as a tech geek wannabe, with a knack, no, a need for sniffing out new, more effective processes and tools to facilitate a more productive and effective way of doing things.

Q - What is your background?
 
A - My background includes 15 years of experience in the legal industry including the federal court, law school and law firms, serving from 1999-2008 as the director of library services and the continuing legal education program at Anderson, Kill & Olick, a law firm headquartered in New York City.   It was time to test my wings.  I felt ready.
 
I quickly discovered that nothing can quite prepare you for the exhausting, frustrating, rewarding role of entrepreneur.   Multi-tasking takes on a whole new meaning.   The process is consuming and enthralling.

Q - When did CLE Post launch?
 
A - CLE Post began publishing on July 22, 2008 in a blog format using Google's Blogger, but quickly outgrew that forum.  And after an exhaustive search and testing, I settled on WordPress to provide a state of the art blog and content management publishing platform.  Our goal is to provide a forum and community that engages, informs and empowers, facilitating the exchange of  news, information and analysis to all sectors of the legal industry including law firms, corporate legal departments, attorneys and continuing legal education professionals.
 
CLE Post will continue to evolve, change and adapt to serve the community.  We have great plans for implementing new, innovative services and applications and welcome feedback from you.  Please visit us at clepost.com.  If you've visited before, come again, we're constantly adding new features and useful information.

Attorneys now have the ability to network in a professional online community confined only to other attorneys.  Lawlink is a new social network that aims to provide resources and networking opportunities for lawyers.  It has similar features to sites such as Facebook and LinkedIn but provides specificity that other networks may have trouble attaining.

The free service, strictly for attorneys, is intended to be a place to meet other lawyers, discuss information and gain knowledge that can help you in your practice.  Users create a profile and then connect to other members.  Within the site are different features such as an "Answers" section where members post questions and receive answers from other members.   The "Community" section has a place to post and search for legal classified ads, to create or join a discussion board, and to browse a long list of legal blogs.  Articles, cases, essential forums, and any other document, can be uploaded in the "Documents" area of the site.  In the recently launched 2.0 version of the site they also have status messages, similar to those on Facebook.

Founder of Lawlink, Stephen Choi, pursues exclusiveness by verifying that each attorney sign up with a valid bar number.  It is taking a route similar to Facebook's initial approach as it once allowed just college students as members (a college e-mail was required as verification).  Choi tells us the privacy aspect is important.  As it gives more value to the networks you are connected to.  He recognizes that a site such as LinkedIn is certainly valuable and useful but it can be messy.  It also doesn't offer the vast access to attorney-specific information that LawLink is seeking to make available.  

The site currently has over 4,500 members and Choi says that an average of a hundred users are signing up every week as it gets more exposure.  Lawyers are connected to all types of organizations in the real world. Choi believes with the internet they can become more connected on a different level, a level that has yet to be tapped into.  Choi plans to launch a law student version of Lawlink where students can interact among each other and also have potential access to attorneys.  The attorneys will still possess their own version of Lawlink but will then have the option of allowing law students to connect with them.  Time will tell if a lawyers only networking site can truly take off.

For more information on social networking for lawyers, check out Lawline.com's Blog Series on Social Media.

• Uncontained and unpredictable legal costs;
• Double-digit percentage increases in hourly rates;
• Off-the-scale increases in associate pay; and
• Law firms’ unwillingness to discuss alternatives to the billable hour.

For Daniel Gershburg, an attorney focusing on Bankruptcy, the credit crisis has a lot of his clients reeling.  He gets an inside look at the people that are really being affected by the struggling economy.  We recently asked Mr. Gershburg to explain some of the things that he thought were to blame for the current state of the economy in this country. 

Everyone wants to put the blame somewhere, but where?  In the end, it has to go on the individuals that got stuck in these bad credit habits.  People continue to borrow more than they can afford to buy things that they cannot pay off.  It is a nasty cycle, and one that has crushed many families and businesses in the past year.  People need to learn what it takes to maintain strong credit, and start to be smarter when it comes to matters of financial planning before things can start to turn around on the smallest level.

You can find more information on financial strategy and personal credit in Dan Gershburg’s new CLE program.  The course, entitled “Financial Advocacy”, will be hosted exclusively on Lawline.com and is coming soon.   Below, please enjoy a short clip from Mr. Gershburg’s interview.

There has been a lot said recently about the importance of lawyer marketing initiatives.  With the amount of lawyers out there vying for the business available, it is so vital to stand out from the crowd.  But what happens behind the scenes and in public after the initial marketing attempts?  What kinds of strategies do you have in place to follow up on your marketing campaigns and retain new clients based on those efforts?

That is where a company like Legal Ease Consulting, Inc. can come in handy.  Legal Ease Consulting is based in New York, and they do exactly what the name suggests, make the life of a lawyer or law firm easier.  How do they accomplish that feat?  Well that depends on who you ask.  Basically, they try to strategize with small to midsize law firms in order to revamp business development systems and make the operations of a law firm more efficient.

It is not enough to have one great marketing campaign if you cannot follow through and serve the type of quality representation you claim.  Following up on that marketing, and living up to the promises you make, are just as important.  That means having the systems in place to arrange meetings, handle paperwork, maintain records and billing efficiently and accurately.  Everything working together provides a good work environment, a satisfied client relationship, and better time management.  Overall, you will be spending less time on the day to day task management issues, and more time on your clients.

With Legal Ease Consulting, Inc., you will get a complete consultation from an expert in the field.  Allison Shields started the company after spending time as a managing partner in a mid-size law firm, focusing on marketing and business development.  With custom tailored services for your law firm, hiring a consulting firm like this one can have you on your way to a more efficient practice in no time.

Trials can be a long and emotional process.  Just ask any trial attorney who has been through it.  The emotional rollercoaster can be an unsettling, and unnerving experience for most.  And as Justin Blitz, an associate with the firm Shandel, Blitz, Blitz & Ashley, describes, the thrills and disappointments involved are much like those of your first childhood basketball game.

“Winning is the greatest high, and losing is the lowest low,” he says when asked about the emotions he feels during any trial he has ever been involved with.  It can take a lot out of you and you had better be ready for the strain it puts on your mind and body from the very beginning.  Justin is an experienced trial attorney in New York City, having tried over 30 cases in 6 years.

Recently, Justin Blitz was gracious enough to film a new CLE course with Lawline.com entitled, How to Try Your First Case.  In the course he speaks about some key tips and procedures for any attorney who is going to trial for the first time, including how to prepare and what to expect.  In the short clip below, Justin introduces us to the emotions involved in the day to day trial experience.  Press play to watch, and look for Justin’s program on Lawline.com coming soon.

Daniel Gershburg started his own law practice straight out of law school.  To many people around him, this was a crazy decision, one that they did not understand.  He had been a solid student with strong experience, and was on path to work for a large firm and earn a nice wage.  But Daniel was looking for something different, and he felt strongly about doing his own thing.  He recently shared with us his five step process to starting your own practice.

1. Get Mentors.  Learn as much as you possibly can from as many people as you can meet.  This will help you create personal and professional networks as well as increase and expand your knowledge of many legal issues.

2. Find Office Space.  You will need to look as professional as possible, so it is important to have space where you can meet with clients.  Virtual and home offices will not cut it if you truly want your practice to grow.

3. Get in Touch with Every Single Association Available to Help You.  There are so many people out there to help you get started, the trick is just knowing where to look.  Bar associations and business development organizations are a great place to start.

4. Good Client Relationships.  Too many large firms are run like corporations, with little or no focus on client support.  Adapt a customer service philosophy toward dealing with clients.  Be there for them whenever they need you and you will get many more referrals.

5. Strong Web Presence.  Your website is a great tool for marketing, referral generation, and client management.  Use it wisely and it will save you money in addition to getting your name out there.

Daniel Gershburg is also a Lawline.com faculty member.  Please look for his upcoming course entitled, Chapter 7 Bankruptcy: The Initial Meeting, which is coming soon.  For a brief video interview with Daniel, click play below:

When most people think about the legal profession, the words humor, comedy, or laughter don’t come into play.  But that is because they have never met or heard of Sean Carter.  He calls himself the Legal Humorist, or Humorist at Law, and rightly so.  Sean, who has spent most of his career practicing law, has now made a name for himself in the newly created world of legal comedy.

Sean Carter travels the country, speaking to large corporations, law firms, and bar associations.  His speeches are far different than the traditional legal education programs that lawyers have become accustomed to, because his are comedic.  He has dubbed the title Comedic Legal Education, and his “students” love him for it.

What started out as a firm understanding of the law and a natural flare for humor has turned into an interesting and successful “practice”.  His programs offer lawyers a real chance to appreciate what they are doing and not to take everything so seriously all the time.  He offers insight into the humor in the legal profession and makes people see the balance between work and life.  In addition to these speeches, he has authored a book on the subject entitled, If It Does Not Fit, Must You Acquit? Your Humorous Guide to the Law.

But just because Mr. Carter’s speeches make you laugh, do not assume that they have no real educational value.  In fact, many legal authorities believe the opposite.  It is the opinion of many people that have heard him speak that the comedy adds to the learning process and actually gets the real message across more efficiently.  For this reason the Legal Humorist continues to tour the country as his programs become more and more popular.  He continues to offer insight into the lighter side of the law that we rarely see enough of.

Should lawyers be constrained by the truth?  That is a question that carries with it a lot of moral and professional issues.  It is also a question that can be answered in many different ways depending on the given situation, or the person responding.  That is why it makes the perfect subject for a Continuing Legal Education seminar.

Lawline.com recently filmed a new CLE program featuring Joel Cohen, Michael Ross, and James Bernard.  The three attorneys discuss different ways that the “truth” affects the way the law is practiced.  They give a good overview of different situations in which the truth can help or hurt a case, and what the ethics codes say on the subject.  Drawing from real world experience as well as a firm grasp of professional responsibility rules, the conversation covers many ethical questions from every angle.

This program is filmed as a roundtable discussion between the three attorneys.  Every time a new question is posed, each attorney offers their opinion of the matter.  This makes for a very interesting video that fulfills one hour of the mandatory ethics CLE requirements.  Please enjoy a short excerpt from the lecture below, and keep an eye out for the full course on Lawline.com.

Christmas is right around the corner, and there is very little time left to finish your last minute shopping.  It is important to get everything you need in time.  That is why we teamed with findingDulcinea.com to bring you some holiday shopping secrets.

More and more shopping is being done online, and findingDulcinea.com has made shopping the internet for the best websites easier than ever.  In the video below, we will show you how to find the best deals easily and quickly, without spending countless hours searching the web.

FindingDulcinea.com is the librarian of the internet, dedicated to bringing you the most relevant information on whatever topic interests you.  From news to promotions, they will show you exactly where to look to find what you need.  They agreed to give Lawline.com a first look at their holiday shopping hints.  Please enjoy the video below, featuring Senior Guides Writer, Haley Lovett.

THIS WEEK’S LEGAL MALPRACTICE CASE

The most important case of this week is Barnett v. Schwartz, 2007 NY Slip Op. 09712, 2d Dept, December 11, 2007.  It is important for three reasons.  We’ll discuss the first today:

“But for” causation is not as difficult as had previously been believed.

Does the failure to exercise "that degree of care, skill and diligence commonly possessed and exercised by members of the legal community.” have to be “the” proximate cause of damages?  Must it be “a” proximate cause of damages? 

The Appellate Division says that it must be nether “the” or “a” proximate cause of action, but simply requires proof that “but for” the negligence of the defendant-attorney, the plaintiff-client would have prevailed in the underlying action.”

This formulation does not require a greater, more direct degree of causation, and the Appellate Division did not find a “substantive import to the variations in the formulations discussed above, holding that a plaintiff-client in a legal malpractice action need prove only that the defendant-attorney’s negligence was a proximate cause of damages.”

“But for” causation is not synonymous with sole proximate cause, and it is not required that the degree of causation in legal malpractice be any greater than “proximate cause. i.e., greater than that which must be typically proved as against any other professional or lay defendant in a negligence action.  There is no case which singles out attorneys for “special treatment on causation.”

THIS WEEKS LEGAL MALPRACTICE STORY

Disgorgement of fees is this year’s flavor de jour.  More and more legal malpractice cases, especially involving very large law firms are coming from Bankruptcy Court. 

The connection between these two concepts is seen in the recent Pillsbury Winthrop Shaw Pittman disgorgement case involving $4 million.  The Chapter 11 Trustee for SonicBlue, Inc. is asking for the fees to be returned.  The firm was removed from the case in March because it failed to disclose a 2002 letter in which it promised some SonicBlue investors that they would be repaid in full even if the company went into bankruptcy.  The Trustee argued that this letter biased the firm towards a plan which actually did repay those investors.

For more on legal malpractice check out the New York Attorney Malpractice Blog.

With the Holiday Season upon us, more and more Americans will take to the road for family visits and vacations.  This article will address various safety tips that will help you get to your destination safely and avoid being pulled over by a police officer.

Traffic: You invariable will be caught up in a traffic jam.  Take a deep breath and relax.  Consider this part of the “cost” of travel.  Getting aggravated doesn’t help and can only lead to an accident.

Focus: Concentrate on your driving.  Do not text message, check emails or engage in any other distracting behavior.  Your IQ and response time diminishes dramatically the more you multi-task.

Drive in a group:  When driving on a highway, stay within a grouping of other cars.  It is easy for a police officer to isolate a sole vehicle than one within a group.

Remain attentive: Keep scanning the road ahead for areas where another vehicle can cut in front of you or where police could hide.  Also, do not forget to check your rear view mirror for tailgating motorists.  Keep a constant look out for traffic signs or markings which apply to you.

Vehicle condition:  A vehicle with, for instance, a broken head light presents a danger to you and other motorists (and also is an open invitation for police attention).  Make sure you care is in proper working order before embarking on a trip.

Police Stop:  If you are stopped, be courteous.  Abrasive behavior is a sure way to “earn” a traffic ticket.  Also, do not volunteer too much information.  When the officer asks you “Do you know why I stopped you?” simply state “No” or “No, but I am sorry to have troubled you”.

Armed with this information, you should be able to make it to any destination without many problems.

Matthew Weiss, Esq. is the senior member of Weiss & Associates, P.C.  His New York traffic ticket law firm  defends 1,000s of motorists from any type of New York traffic ticket, speeding ticket or truck ticket issued in New York. Visit "New York Traffic Lawyer" for more information about Mr. Weiss.

LEGAL MALPRACTICE CASES IN
FEDERAL COURT THIS MONTH

1. WESTPORT INSURANCE CORP. v. GOLDBERGER & DUBLIN, P.C.
United States Court of Appeals for the Second Circuit   2007 US App Lexis 27612

Law firm was sued by former clients, and insurance company disclaimed coverage because law firm did not give reasonable notice of potential suit.  Law firm defended by arguing that it had no basis to expect a suit by its client, who had assured them that she did not intend to sue.  She, however, did.  Court noted that no court in New York “has addressed the question” of the objective inquiry into a client’s assurances “in deciding what an attorney in the insured’s position could reasonably have foreseen.”

2. SMARTIX INTERNATIONAL LLC  v. GARRUBBO, ROMANKOW & CAPESE PC, United States District Court for the Southern District of New York, 2007 US Dist Lexis 85807

Discussion of post-end of discovery subpoenas, as well as whether non-party subpoenas are permissible in what might be called a fishing expedition.  These personal records are “not relevant to the claim or defense of any party.”

3. KING v. FOX
United States District Court for the Southern District of New York, 2007 US Dist Lexis 85396

This case has “occupied this court, the magistrate judge, the Court of Appeals on two occasions and the New York Court of Appeals over the past ten years.  Presently at issue is Fox’s motion to strike King’s demand for a jury trial.”

Judge Sweet discusses the equitable/law nature of the legal malpractice claims, and gives a short historical tour of the right to a jury trial.”

4. BRITESTARR HOMES INC. v. PIPER RUDNICK LLP
United States Court of Appeals for the Second Circuit   2007 US App Lexis 27935

Piper Rudnick wins motion for summary judgment, finding that client “failed to establish the required proof of damages for any of its claims.”  “In particular, as to the difference between the value of the client’s property in bankruptcy and outside of bankruptcy, the client failed to show that any damage to the property was” the result of the bankruptcy proceeding. 

THIS WEEK’S NEWS IN LEGAL MALPRACTICE

Shocking incivility in a deposition?  Gender sarcasm during an EBT?  Older attorney condescending to a younger attorney?  Is this uncommon, or more nearly the norm in New York?

Anthony Lin of the New York Law Journal reported a Justice Edmead decision in which she castigated the male attorney for speaking uncivilly and with gender bias to the female attorney, calling her “hon” and “girl.”  The attorney strongly denied using those words. He asked her why she was not wearing a wedding ring, and commented on her having a “cute thing going on.”   This brings up the errata sheet theory of deposition testimony.  He says that he was using the term “Hun” [as in Attila] which might have been complementary. 

An interesting sideline to this story is that the female attorney was taking the deposition and had the only copy of the transcript, which she did not supply to the accused male attorney.  How was he to defend?

Moral?  What you are saying is being taken down.

Legal malpractice accusations are reaching billboards and the internet, and may prove to be more irksome there, and certainly more long-lived.  A former client of Damon & Morey LLP has taken out a billboard to complain about them, and has used the internet to post the story.  While a lawsuit may bring damages, the billboard certainly reaches a bigger audience and the internet posting will be there forever.

The estate tax code in the United States has a bit of a loophole.  The way the code is written right now, the tax lessens every year until 2009, and then disappears completely in 2010, only to go back to a higher level in 2011.

We recently spoke with James Cohen, partner at the firm Kleinberg, Kaplan, Wolff and Cohen, P.C.  He has spoken about this issue with many people, including Joe Lieberman, who he knows well.  When speaking with Mr. Lieberman, he joked about how the loophole in the Estate Tax Code could cause some problems.  The two spoke seriously about the fact that it could cause murders to go up that year.

For instance, if someone has an elderly parent with a large estate and they die, usually the estate is taxed up to 50%.  If this happens in 2010, that tax is zero.  And who knows what some people will do to get at all of that extra money.  Along those same lines, if a person is sick and near death in 2009, there is a huge incentive to keep the person alive until the next year.  The best thing that Washington can do is to take a long hard look at the tax code and revise it to better fit the year 2010.

Enjoy the video with James Cohen below and look for his upcoming CLE program on Lawline.com entitled Legal Aspects of Appraisals of Tangible Personal Property.

“Staying in the courtroom and working on the case on that day might very well have saved my life.”  This is what Herald Price Fahringer has to say about the day that Larry Flynt was shot in Lawrenceville, Georgia.  Herald was Mr. Flynt’s lead attorney in many of his cases around the country.  On this particular case, as Mr. Fahringer explains, Larry Flynt had been receiving numerous death threats.

Because of the threats on Larry’s life, he and his attorneys decided to wear bullet proof vests in and around the courtroom.  Herald decided that the Kentucky heat made wearing the vest too hot, so he took his off.  Seeing that, Larry decided that if his attorney didn’t need one, he didn’t need one.  And as Herald says in the video below, that was not the best idea considering the situation that they were all in.

Please enjoy the video below, as Herald Price Fahringer spoke with Lawline.com about the events of that day.

Cases This Week in Legal Malpractice

1. Duffy-Duncan v. Berns & Castro,2007 NY Slip Op 9493, 1st Dept, 11/29/07
Summary judgment denied and affirmed.  Attorney had failed to serve a notice of claim on a Transit Authority ice patch slip and fall.  Summary judgment denied for failure to demonstrate that the TA had a lack of notice of defense or a storm in progress defense.  This case is notable for the Appellate Division not taking the defenses at face value.

2. Asher v. Shimbaum, 2007 Slip Op 9351, 2d Dept, 11/27/07
Plaintiff’s underlying action was commenced to enforce an oral contract between brother and sister to convey real property.  Legal malpractice case is dismissed on the inability to prove the “but for” case: that plaintiff would have succeeded in the underlying action.

3. 3-Mar Service Center, Inc. v. Mahoney, Connor & Hussey, 2007 Slip Op 9363, 2d Dept, 2007
Motion to dismiss granted in Supreme Court but reversed in Appellate Division.  The decision does not give facts, but this was a successive [or even a third] motion to dismiss, after an earlier appeal.

4. Olaiya v. Golden, 2007 Slip Op 9377, 2d Dept, 2007
Plaintiff loses his job at the NYC Department of Juvenile Justice, but cannot demonstrate that the attorney’s conduct was the proximate cause of his job loss.

Stories This Week in Legal Malpractice

Legal malpractice, the First Amendment and a blogger got tangled up in a New Jersey case.  The underlying case concerns the Town of Manalapan and a land deal.  Legal malpractice litigation ensued.  Of interest here, an anonymous blogger has started writing about the case, and his internet provider is now being pursued for information about the blogger.  Electronic Frontier Foundation is now defending its subscriber. “da truth squad.”

The law firm of  Dorsey & Whitney and Judge Harold Baer of US District Court are in a battle over “declining civility in the legal profession.”  Judge Baer recently wrote a 129 page decision with a discussion of “naked competition and singular economic focus of the marketplace have begun to infiltrate the practice of law, subordinating the high standards of service, collegiality and professionalism as a result.”  So far, not so unusual.  The story takes a new turn with the attorney’s response.  Kristan L. Peters said: “It is hard to take seriously Judge Baer’s alleged concern for professional courtesy when he continues to treat women litigators like second class citizens in his court room, requires attorneys to physically oversee the return of documents in another country within a matter of hours when they are oversees on their anniversary, and sets depositions on Sunday mornings.  Indeed, when a Catholic lawyer asks for the opportunity to attend church before the Sunday deposition, he mocked the attorney for Catholic observance.”

Finally, the Dicky Scruggs story.  Bribery?  Big Tobacco litigation?  Legal malpractice?  This story is still unfolding.

For more on legal malpractice check out the New York Attorney Malpractice Blog.

Alan Schnurman has been practicing the art of negotiations for 37 years as a Personal Injury Lawyer.  He has been involved in many different types of negotiation s and has perfected a few simple rules to achieve success.  He shares those rules as well as additional tips in his one hour CLE lecture on Lawline.com entitled, Negotiation Strategies from the Plaintiff’s Side.  In the video below, Alan previews the course and discusses the major things to consider for every negotiation.

The most important thing to remember is that when parties are negotiating, everyone wants to resolve the issue or case at hand.  You have to establish yourself as credible, and working towards a solution.  This does not mean that you have to be too agreeable that you give up your position, but you have to establish a rapport with the other party so negotiations can move forward and reach a middle ground.

It is your job as an attorney to reach a resolution that is cost efficient and effective for your client.  You learn the tips and techniques needed to be successful through years of practice and experience.  And though every negotiation varies in format and matter, there are certain things strategies that you can employ in every negotiation.  If you do not perfect these techniques than the outcome of a negotiation is more likely to wind up in favor of the opposing party.

Please enjoy the short video below with Alan J. Schnurman and check out his program on Negotiations in the Lawline.com Course Catalog.

Cases this Week in Legal Malpractice

1. Rechberger v. Scolaro, 2007 NY Slip Op 9277, FOURTH DEPARTMENT

This case points out the principal of privity between individuals, corporations and the attorneys.  Defendant met its burden by establishing as a matter of law that it had no attorney-client relationship with plaintiffs. Contrary to the contention of plaintiffs, their unilateral belief that they had an attorney-client relationship with defendant does not by itself confer upon them the status of clients. Also contrary to plaintiffs' contention, defendant's representation of a corporation of which plaintiffs were shareholders does not establish that defendant had an attorney-client relationship with plaintiffs, in the absence of documentary evidence to the contrary.

2.   Resnick v Zurich North America, 2007 NY Slip Op 9218, SECOND DEPARTMENT

This case is about notifying the legal malpractice carrier of a potential case.  Carriers have increasingly been able to avoid or disclaim coverage on the basis of lack of notice.

“Plaintiffs in the underlying case moved to vacate a default saying that they had been prevented from serving and filing a note of issue by a stay issued in a bankruptcy proceeding However, in opposition to the motion, it was revealed that, in fact, the bankruptcy proceeding was not filed until June 2000, more than two years after the order directing the service and filing of a note of issue, and approximately a year-and-a-half after the Sapir action had been dismissed. In July 2003 the Supreme Court denied the plaintiffs' motion to vacate the The defendants disclaimed coverage based on the plaintiffs' failure to have provided timely notice. The defendants contended that the plaintiffs were or should have been aware of a potential malpractice claim no later than July 2003when their motion to vacate the default in serving and filing a note of issue in the Sapir action and to restore the case to the calendar was denied.”

3.. Wallenstein v. Cohen,2007 NY Slip Op. 9023, SECOND DEPARTMENT

This case illustrated the collateral estoppel or res judicata effect of an attorney fee dispute ruling on a later legal malpractice case.  In short, any award of a fee to the attorney [whether 100% or $1] follows this rule: “The determination fixing the value of the defendants' services necessarily determined that there was no malpractice.”

4. TVGA Engineering Surveying Inc. v. Gallick, 2007 NY Slip Op, 8491, 4th Department

“A cause of action for legal malpractice must be based on "the existence of an attorney-client relationship at the time of the alleged malpractice"; while a cause of action for breach of the fiduciary duty of an attorney extends both to current and former clients and thus is broader in scope than a cause of action for legal malpractice. As a result of an attorney's fiduciary duty, the attorney may not represent parties whose interests are adverse to the attorney's former clients in matters that are substantially related.

Legal Malpractice News This Week

The NYLJ reported a Court of Appeals case today which permitted a law firm to charge hourly rates followed by a contingent fee.  Not so remarkable, perhaps, but the numbers are staggering.

In Lawrence v. Miller, the law firm billed $ 18 million in hourly rates, asked for and received $ 5 million in “gifts.”  After that they negotiated a 40% contingent fee from the elderly widow.  Their contingent fee promises to be in the $ 40 million range.

Ex parte interviews of non-party physicians can now be required by the court.  This effectively means that when a plaintiff starts a medical malpractice case, all of his non-defendant treating physicians not only have to give up their records, but plaintiff may be required to sign HIPPA releases allowing the defense attorney to speak privately to the non-party treating physicians.  No notes need be given to plaintiff.

We wonder how long before attorneys do the same thing to prior and subsequent attorneys in legal malpractice cases.

Milberg Weiss is a defendant in a $40 million legal malpractice law suit brought by Sam Wiley, who himself is described as a “colorful Texas billionaire”  The action comes after a class action case which never reached court, and was settled, prematurely says the plaintiff.

Finally, the US Supreme Court seems ready to defer to criminal defense attorneys and state court determinations of ineffective assistance of counsel.  In the case of Arave v. Hoffman, the Supreme Court will weigh the obligation of lawyers to explain to their clients the consequences of not accepting a plea agreement.

For more on legal malpractice check out the New York Attorney Malpractice Blog.

Fernando M. Pinguelo, a partner at Norris McLaughlin & Marcus, has developed a lecture series called Legal TIPs: Topics in Perspective.  The series was created to give busy people a quick and easy to understand explanation of legal issues that may affect them on a day to day basis.  Each topic is covered through a group of 9 questions that get right at the heart of the matter, including what each issue means to various people.

We spoke with Fernando and asked him to share with us his most recent presentation, entitled 9 Things Your Business Needs to Know about Jury Waiver Clauses in Employment Contracts.  Below you can find a podcast recording of Fernando’s presentation.

Jury Waiver Clauses, as they relate to employment contracts, are terms in a contract that waive the parties’ right to have their grievances decided by a jury.  “They can help insulate employers from irrationally inflated damage rewards, minimize an employee’s emotional appeal, reduce the time and cost of trials, help avoid frivolous claims, and increase employers’ leverage when it comes to negotiating with plaintiffs’ attorneys.”

It is important for employers to know whether or not to use jury waiver clauses within their business and what some of the major issues surrounding jury waiver clauses are.  Fernando outlines the basic things every employer should know as well as the benefits and actions you can take to put them in place.

Click Play below to listen to Lawline.com's podcast presentation with Fernando M. Pinguelo.

Lawyerpreneur.  It is a word that seems to be coming up more and more.  The word was coined by Nader Anise in 1999 to describe a solo or small practice attorney trying to run his own practice.  And it means exactly what you think it means, a lawyer who is also an entrepreneur.  After all, running your own small practice is a lot like running a small business.  If only more attorneys took that mindset, suggests Nader, they would have a better chance to be successful.

I spoke with Mr. Anise, who runs Nader Anise Lawyer Marketing, a full service marketing firm for lawyers and law firms, about some of things that lawyers must do to be successful in growing a small practice.  Much like when an entrepreneur comes up with an idea for a new business, lawyers need to find a way to distinguish themselves from the competition.  There are plenty of needs out there that are not being addressed by the many law firms vying for new clients.  The key is to find a market, or even create one, and then focus your efforts.  Too many lawyers try to be everything for everyone and end up suffering because of it.

Once you have a target market, running the law firm is much like running the small business.  Some of the same keys for survival hold true.  Such concerns as managing employees, project management, dealing with time constraints, direct mail and other marketing activities are vital for the success of any growing practice.  For many lawyerpreneurs out there, this can be even more important than actual skill in law, because it requires a different type of knowledge and expertise.

Please enjoy the podcast of Lawline.com’s interview with Nader Anise below. 

No matter what type of work you do, it is always important to feel a sense of security.  Just that feeling that someone is looking out for you can alleviate a lot of the stress of day to day work.  Backup my info!, a data and information backup company, has been doing just that for law firms for years.

Jennifer Walzer, president and founder of the company, knows the value that Backup my info! can bring to any size law firm.  With so much information stored on office computers, it is easy to see how disastrous a complete system crash could be on a law firm and their clients.  Just thinking about that big of a mess can cause you to worry and fret over every single document.  Backup my info! solves that problem with an automated process designed to back up and recover your information with the click of a button.

Jennifer has always found that service comes first and foremost.  Operating as a boutique company, Backup my info! is designed to put the client’s mind at ease by offering the highest quality service.  All of the law firms that she works with have one less thing to think about every day because if anything were to go wrong with their system, a full-time service representative will let them know about it and solve the problem within seconds.  And in the fast-paced information driven world that most lawyers and law firms operate in today, that proves to be an important service.

Please enjoy Lawline.com's interview with Jennifer Walzer below.

Hyper-competition.  It’s a scary thought.  But it is the reality of the world we live in, and it exists in almost every industry out there.  For lawyers, it means that reaching potential clients and leaving a lasting impression is more important than ever before.  One important tool to help you formulate a powerful message is a unique value proposition, an introductory message that distinguishes the benefit and value of working with you.  It is important for any attorney to have a memorable message that they can use to establish themselves as unique and valuable to their clients.

Nancy Fox, the founder and president of Fox Coaching Associates, has developed a simple 3 step process to developing your own unique value proposition.  Fox Coaching Associates is a business geared towards coaching and training organizations specializing in business development, leadership, and professional excellence.  Nancy recommends following this process, and even outlines the basic ingredients needed to get started.  She discusses the three steps in depth in the podcast accompanying this article.  Here is a brief description of the process:

Step 1 – “Stop them dead in their tracks” opener

·         Use bold words

·         Powerful statements

·         Make it magnetic

Step 2 – What’s in it for them?

·         Statement of benefits

·         Address their wants and needs

·         Give a clear picture of why they want what you have to offer

Step 3 – How are you unique from everyone else in your field?

·         What makes you better than your competition?

·         What do you provide that is different?

·         Why does that matter?

Below, please find the podcast of a conversation between Nancy Fox and David Schnurman of Lawline.com.

Ari Kaplan is one of those people that truly enjoys helping and encouraging others. You can tell just by talking to him for a few minutes that his passion is coaching and teaching. He wants to help people succeed in their endeavors, whatever they may be.

One main area of expertise Mr. Kaplan possesses is getting published. In fact, he runs a company called Ari Kaplan Advisors that is dedicated to coaching those who are trying to get published. This is such an important skill to learn for lawyers and attorneys everywhere. Getting an article published in a magazine, newspaper, or law journal can do many things for a lawyer’s reputation and career. It will help establish expertise in a certain area, relate your name to a particular topic of importance, and improve your status as a respected member of the legal community.

Ari Kaplan also has a new book due out in 2008 that is geared toward young lawyers and law students that focuses on the area of getting published and empowering yourself. He says, “The book is really about getting up, and getting out there. Do something that you feel passionate about and inspires you.” There is nothing more important for a young lawyer than to believe in yourself and your abilities. That type of positive attitude can lead to so many opportunities. And the earlier you start, the further your career and passion will take you.

Below is a clip from an interview Lawline.com did with Ari Kaplan. In it, Ari discusses the new book and talks about the importance of lawyer empowerment.

In the world of Manhattan attorneys, being a solo practitioner or small practice lawyer is becoming more and more difficult. One of the main reasons is that office space is so expensive, yet so important. Rental prices in Manhattan range from pricey to extremely pricey, and you pay for what you get. A lawyer looking to save money gets a place that he is afraid to show clients. A lawyer who needs a nice office to meet with clients ends up breaking the bank to stay there. It seems to be a lose-lose situation. Not to mention, the amount of time needed to grow a practice takes too much away from important “client time”.

Along comes Stephen Furnari, a lawyer with a new concept to solve this very problem, as well as adding new opportunities for attorneys. The name of the company that he is working on is the Law Firm Incubator (LFIS). For small firm and solo practitioners, this is a great way to grow your business in a new way, without spending a fortune. The idea is a shared office suite in a great area that is very presentable. At the same time, Mr. Furnari wants to set up a collaborative atmosphere that allows the attorneys to share resources. This allows attorneys working on a small budget to have access to new marketing materials and networking groups that help grow their business.

When we heard about this idea, we asked Stephen to come in for a short interview. He explains that by combining the right types of lawyers in a collaborative office environment, there are a tremendous amount of opportunities for everyone involved. All in all, this will help those lawyers who are too busy working “in” their business learn to work “on” their business. Such things as cooperative case work, client referrals, shared access to marketing materials, and special office events will allow each of the attorneys to receive the same opportunities they might get in a larger firm setting. Who knows, one day they might share their New York CLE resources as well.

Below is a short clip of an interview with Stephen Furnari in which he explains what the Law Firm Incubator is all about. For more information on the project, you can check out Mr. Furnari’s website at www.lawfirmincubator.com.

Many of us have sat in an orientation meeting at our new job and listened to the workplace harassment warnings given by someone from the HR department. It seems like anytime you pick up the paper you read about a new harassment case of some kind. Well, not too long ago, employment law and sexual harassment did not even exist. In fact, it wasn’t until 1990 that an amendment to the civil rights laws brought the idea of workplace discrimination into sight.

Murray Schwartz has been practicing law since 1949. You may have heard his name mentioned before. After all, he is managing partner of Schwartz & Perry, LLP, a well-known employment law firm focusing on workplace harassment on the basis of sex, age, race, and disability. This is an area of law that he has become very passionate about and to which he has devoted his entire practice. A certified expert in the field, Murray has spent years educating his peers on the many aspects of employment law through lectures and counseling. He has become a well respected member of the law community and deserves everything he has achieved.

Murray Schwartz and his daughter, Davida Perry, won the first sexual harassment case in the US in 1990 called Thoreson v. Guccione and Penthouse Magazine. The ruling in this case set an extremely important precedent in employment law, that a defendant could establish a claim of sexual harassment against his or her employer based solely on the testimony of the victim. Many of today’s sexual harassment laws can be traced back to the ruling that Murray Schwartz won years ago.

Another important case that Schwartz & Perry has tried is Bracker v. Cohen. In 1991, the City of New York enacted a Human Rights Law authorizing a private cause of judicial action for victims of employment discrimination. The New York City law was challenged and Mr. Schwartz successfully argued at both the trial court and the appellate level on behalf of the law’s constitutionality. His position was upheld in both courts and as a result, New York City has the benefits of an effective New York City Human Rights Law.

Additionally, a jury in the New York County Supreme Court, awarded a Schwartz & Perry client in the case of McIntyre v. Manhattan Ford, an award of $6.6 million dollars in a sexual harassment and retaliation suit. This was the highest award that had been granted to a single plaintiff in a sexual harassment claim.  Although the award was reduced to $3.1 million dollars on appeal, on the ground that the court considered the jury verdict too high, the reduced award stands as one of the highest jury awards for a single plaintiff in a sexual harassment case in the United States.

These three cases Thoreson, Bracker and McIntyre, have frequently been referred to as the "trilogy" of cases, each of which is highly significant in the development of the field of employment law. Schwartz & Perry understandably considers themselves privileged to have been the attorneys for the plaintiff in each of those three landmark cases.

Murray Schwartz is also a faculty member with Lawline.com. He has presented lectures that can be viewed for CLE credits on Age Discrimination and Trial Strategies for Employment Law. In the following video, Mr. Schwartz shares with us first hand that employment law and workplace harassment cases have unique challenges. There are a number of reasons for this of course, most importantly because is that it happens behind closed doors. There is usually a lack of evidence, a lack of witnesses, and a cover-up that naturally took place. However, Mr. Schwartz has continued to break down barriers and overcome hurdles to make these issues heard. For all of that we honor him, and praise his continued devotion to the field.

Featured Interview with attorneys at Schwartz & Perry

Let's face it, CLE can be a pain most of the time. But, since it’s mandatory, there is no sense in complaining. Why not figure out a way to cut the time it takes to complete the requirements as much as possible. There is one proven solution that I know of, and that is to become a lecturer. For example, in New York, if you present a lecture on a topic of your choice that is approved for CLE credit, you get three times the credit that the course is worth.

This is not a lie. Many states use a system just like this to help regulate the continuing education. They encourage people to give lectures and presentations on topics that you know well. For example, if you are a Personal Injury lawyer with a lot of knowledge in the field, why not give a one hour lecture and receive three credits, just for teaching us what you already know.

Lecturing can do many things. As we already discussed, it helps you complete your CLE requirements. Also, this is a way to advertise your personal practice or the law firm you represent. It gets your name out there in a positive way and keeps you in the public eye. So, in essence, it is a win-win opportunity for lawyers everywhere. For more information on becoming a lecturer with Lawline.com, check out the advertising page of the website.