Another week has passed, and another group of people have started using new internet technology to connect with others and build business.  Hopefully, that group of people includes some lawyers.  Welcome to part 20 of our blog series on social media for attorneys.  This week we will shift the focus back onto your blog.

Blogging can sometimes be a difficult task to keep up.  It is tough to come up with unique and interesting content all the time, especially when you are doing other things.  But remember, the key to writing a good blog, one that gains readers and gets attention, is content.  Without quality content, a blog is sure to fail.

So what can you do?  There are a number of things you can try to do to keep the content flowing and spice up your posts.

1. Comment on or highlight another blog.  Find blogs that you like or dislike, that you agree with or disagree with, and tell people why.  If you feature other blogs in your area, you will get noticed as an active member of the blogosphere.  You will also be providing valuable information to readers of your blog that do not necessarily know about this other blog.

2. Use video.  You can always embed video from anywhere on the web, or even your own content, in your posts.  If relevant, this is a great way to make the blog come to life, and changes the pace of each post to keep readers interested.

3. Create a poll.  Is there an issue that you wish to highlight?  If so, you can use free tools to create a poll and ask your readers to chime in.  This generates an interactive feeling on your blog that will be sure to get attention.  Then you can use the next post to discuss the results of your poll.

4. Highlight old posts.  If you have something to add on to an old post, do it in a new post.  Simply refer back to the old post with a link, and let people know of any updates on this subject.  Additionally, every so often it makes sense to do a top 3 or top 5 most popular older posts for new readers.  This clues them in to what other people have already read, and highlights some of your most important topics.

5. Open it up for posts by other people.  You do not have to be the only one writing your blog.  If there are other people in your practice, or people you know that have exciting topics to discuss, allow them to contribute.  Additionally, ask for reader submissions as well.  Featuring other people on the blog allows for more content, and is a great way to interact with other bloggers/lawyers.

There are many strategies out there to help you create great content.  The above suggestions are just a few.  Hopefully they can help you generate some interesting blog posts over the coming months.  Remember, though it is a huge cliché, content is king.

Past Installments of this Series:
Part One – Intro to Social Media for Attorneys
Part Two – Signing up for the Networks
Part Three – Using Blogs as an Information Source
Part Four – Start Blogging Today
Part Five – Introduction to Twitter
Part Six – Introduction to LinkedIn
Part Seven – Networks as a Communication Tool
Part Eight – Submit Yourself to Blog Catalogs
Part Nine – Put Your PR Department to Work
Part Ten – Lend us your Comments
Part Eleven – Intro to Viral Marketing
Part Twelve – Answer Questions 2.0
Part Thirteen – The Big Picture
Part Fourteen – Interactions on Blogs
Part Fifteen – Interactions on Networks
Part Sixteen – Recruiting on the Networks
Part Seventeen – Promote Yourself to Get a Job
Part Eighteen – Video Resumes
Part Nineteen – Social Media on Social Media

Marc Dreier, the attorney who made newspaper headlines for swindling investors just before Madoff got caught, will plead guilty on May 11 to all charges found in his indictment.  Dreier was accused of several counts of fraud after running a $700 million dollar scheme that consisted of selling bogus promissory notes to investors.

Dreier is represented by Lawline.com faculty member, renowned defense attorney, Gerald Shargel.  Dreier apparently sold notes to thirteen different funds and three individuals.  The notes were issued by Sheldon Solow, a developer and client of Dreier’s.  Dreier pretended to be selling them at a discount but instead funneled the funds through his firm and paid back investors from new investments.

There was no plea bargain, but it seems that Dreier is looking for the simple compassion of the court by taking responsibility for his accounts.  Shargel is quoted in the New York Law Journal as saying, “He wants to end it because he accepts responsibility for what he did….he simply went off the tracks.”

At least five of Dreier’s counts have a potential jail sentencing of twenty years or more.   How do you think the court will respond to Dreier’s call for redemption?

Welcome to part thirteen of our blog series on Going Green, dedicated to helping attorneys practice law in a more environmentally friendly way.  Last week we discussed your ability to cut down on physical mail, to reduce waste and make you more efficient.  This week we will focus on your practice, and how you can help the world go green by representing green companies.

There are many firms out there that are starting to see the value in representing companies that are trying to go green.  This is a growing area of the law, one that is sure to provide some exciting and groundbreaking cases.

I have previously written about a couple of firms that are practicing in this area here and here.  You can see that these firms are expanding their current practice, and even creating new divisions to handle clients that are working in across various green industries, such as alternative energy.  Since a lot of what these companies are relatively new, much of the law has yet to be written.

In addition, the stimulus plan, and other measures taken by Barack Obama and his administration are geared toward helping to make the country more efficient.  Companies that practice environmentally friendly business, and focus on creating new sources of energy, are going to get a lot of help from this administration’s policies.

So what can you do?  Research.  Read up on new rules and changes in this area of the law.  Start to talk to other attorneys that you know or work with who are also interested in this area.  Then, whether you are on your own, or working in a larger firm, find out what you can do to get new clients in this area.  Promote yourself as someone who is versed in clean technology law, or energy law, or even business law.

This is not for everyone.  But for those that are interested and have the necessary background, this is a prime example of something you can do to help society move forward towards a greener future.  These companies are trying to help us, and they will need good representation to get the job done.  You can be the attorney or law firm they need.

Past Installments in this Series
Part One – An Introduction to Going Green
Part Two – Cut Electricity Costs, Just Flip the Switch
Part Three – Forget Paper, Go Digital
Part Four – Travel Together, Travel Less
Part Five – We Recycle
Part Six – Natural Lighting
Part Seven – Know Your Gadgets
Part Eight – Setting Goals
Part Nine – Reusable Bottles and Mugs
Part Ten - Setting Employee Incentives
Part Eleven - Green Products for You
Part Twelve – Greening Your Mail

This is a new weekly post where we will be reviewing some of our favorite User Feedback from attorneys who have completed Lawline.com CLE courses.  We decided to start this blog post because we thought it would be fun to share our favorites.

Faculty Member: Murray Schwartz

Lawline.com CLE Courses:
Trial Strategies that Work for Employment Law
Age Discrimination in the Workplace
How to Handle an Employment Law Case

Murray Schwartz has been a part of the Lawline.com Faculty for many years.  He continues to provide us with some fascinating courses in the area of employment law, an area he helped to define through his years of practice.  His courses are always some of our users’ favorites, as you can see clearly from the comments below.

Favorite Comments about Murray Schwartz
"Mr. Schwartz is my favorite speaker. Great presentation."   - Katrina (San Diego, CA)

"Mr. Schwartz shows a passion for this field of law and a compassion for his clients. I wish he were my boss!"   - Jill (Fairfax, VA)

"I enjoyed Murray Schwartz very much. Such a gentleman, and it is inspiring to consider that the practice of law truly can be a lifelong endeavor."   - Ruth (Chicago, IL)

Favorite Comments on his CLE program
"One of the very best MCLE courses I have attended in nearly 30 years of practice."   - Arthur (Palm Springs, CA)

"This was an excellent program touring the details of employment law litigation. Really excellent in every way."   - Mark (New York, NY)

"Easy to understand. Good examples of age related employment problems. Relevant and timely"   - Bonnie (Niagara Falls, NY)

Another week has passed, and another group of people have started using new internet technology to connect with others and build business.  Hopefully, that group of people includes some lawyers.  Welcome to part 19 of our blog series on social media for attorneys.  What good would a blog series about social media be if we did not use the social web to highlight our ideas?  So this week we turn the focus outwards, and look at what some other people are saying about attorneys involved in social networking.

E-Justice put together a list of 50 social networking sites that lawyers should be aware of and operating on.  The list includes some well known names that we have discussed in past editions of this blog, and some lesser known sites that might be interesting to check out.

The ABA Journal wrote a blog post about lawyer blogs.  They claim that blogs are the cheapest way lawyers can grow their practice, and provide some first hand evidence to support it.

Bentley Tolk has written a great little post about the “Green” advantages of marketing via the internet.  This is a nice tie in to the other blog series we have been running on the legal community becoming more environmentally friendly.  There are some good points to think about here.

David Harlow’s Health Care Law Blog wrote a nice post answering all the questions you might have about Twitter.  Taking it one question at a time, this post will help jumpstart your mission to excel on the newest and hottest social networking tool.

Law Firm Blogger has a post that captures more of the big picture thinking that we like to address here.  The message, social networks may not be the answer to all your prayers, but if you can use them in such a way that gets you some positive attention and publicity, you are winning.

All of these blog posts show you just some of the attention that social media is getting in the legal community right now.  It is not a passing fad, and it is something that any lawyer should consider strongly if they want to grow their practice in the coming years.  Tomorrow’s lawyers need to learn tomorrow’s strategies today.

Past Installments of this Series:
Part One – Intro to Social Media for Attorneys
Part Two – Signing up for the Networks
Part Three – Using Blogs as an Information Source
Part Four – Start Blogging Today
Part Five – Introduction to Twitter
Part Six – Introduction to LinkedIn
Part Seven – Networks as a Communication Tool
Part Eight – Submit Yourself to Blog Catalogs
Part Nine – Put Your PR Department to Work
Part Ten – Lend us your Comments
Part Eleven – Intro to Viral Marketing
Part Twelve – Answer Questions 2.0
Part Thirteen – The Big Picture
Part Fourteen – Interactions on Blogs
Part Fifteen – Interactions on Networks
Part Sixteen – Recruiting on the Networks
Part Seventeen – Promote Yourself to Get a Job
Part Eighteen – Video Resumes

Welcome to part twelve of our blog series on Going Green, dedicated to helping attorneys practice law in a more environmentally friendly way.  We are happy to celebrate Earth Day here at Lawline.com.  It is important to remember though that every day is Earth Day.  We must always take initiative in implementing green policies that attorneys and employees will follow.  Today we will talk about ways for attorneys and businesses to go green involving their mail.

Most of us get hundreds of unwanted catalogs, flyers, and other types of advertisements in the mail every year. This is especially true for businesses and law firms.   Instead of merely throwing them in the trash, there are many ways to reduce this type of unsolicited material.

Firstly, if you continuously get advertisements from an organization you have no interest in, give them a call or shoot them an e-mail and let them know to take you off their mailing list.  If it is a company that you are familiar with and sometimes potentially order from, or use, ask them if they have an online form of newsletter or catalog that you can be e-mailed to your directly.  Not only will this reduce paper waste, but it will also be easier for you to access at your convenience.  It is also important to take caution when signing up for programs or purchasing something.  Many companies will ask you if you’re interested in receiving offers in the mail, if they give you the option, select receiving by e-mail instead of snail mail.

Businesses can also do all of their billing and banking on the internet in replacement of receiving paper bills and mailing out checks.  This creates less clutter and makes everything a lot easier.  Most companies allow you to pay your bills online (credit cards, phone companies, etc) and generally they keep record of your statements (for access) for a particular amount of years.

When it is necessary that you use snail-mail instead of e-mail, try to use recycled materials.  When receiving and sending packages, you can reuse the same packaging material.  It is usually simple to just put labels over previously used addresses.  This will also save you money on purchasing these materials.

Lastly, if you move and change your address, ensure that your address is updated and that the mail comes to the correct place. This way, you don’t have to get sent the same thing twice and there will be less trash circulating around.  When people receive mail that is not theirs, they usually just throw it in the garbage.    

Initiating a campaign to reduce mail waste will help the environment in unprecedented ways.  Attorneys and law firms should take the lead in setting such standards because collectively we can efficiently make change happen.

Past Installments in this Series
Part One – An Introduction to Going Green
Part Two – Cut Electricity Costs, Just Flip the Switch
Part Three – Forget Paper, Go Digital
Part Four – Travel Together, Travel Less
Part Five – We Recycle
Part Six – Natural Lighting
Part Seven – Know Your Gadgets
Part Eight – Setting Goals
Part Nine – Reusable Bottles and Mugs
Part Ten - Setting Employee Incentives
Part Eleven - Green Products for You

This is a new weekly post where we will be reviewing some of our favorite User Feedback from attorneys who have completed Lawline.com CLE courses.  We decided to start this blog post because we thought it would be fun to share our favorites.

Faculty Member: Richard Levick

Lawline.com CLE Courses:
A Lawyer’s Guide to Litigation and Crisis Communications

Richard Levick taught his course on Litigation Communications last year, and his course continues to be a popular choice for lawyers during this troubling economic climate.  His course provides a much needed refresher on communication strategies and tips.

Favorite Comments about Richard Levick
"Mr. Levick is incredible!!!"   - John (Harrington Park, NJ)

"For the first time in 30 years of attending CLE seminars I found myself totally concentrating on the speaker and the content. BRILLIANT."   - Kenneth (Richardson, TX)

Favorite Comments on his CLE program
"One of best, most interesting, useful and well communicated topic I have ever heard as an attorney! Forces lawyers to think outside just the lawyer-box in dealing with client crises."   - Christine (Davie, FL)

"Phenomenal quality of material, excellent presentation. Having spoken professionally, including teaching at the college level and training judges, I can unequivocally state that Mr. Levick's presentation was one of the finest CLE events I have had the privilege to experience. Well done!"   - Lory (Southlake, TX)

"I found it to be timely, relevant and refreshingly more interesting than I expected."   - Gerald (Montclair, NJ)

Another week has passed, and another group of people have started using new internet technology to connect with others and build business.  Hopefully, that group of people includes some lawyers.  Welcome to part 18 of our blog series on social media for attorneys.  This week we will focus we will continue our discussion on promoting yourself to potential employers.

In last week’s post, we discussed how you can use blogs and social networks to highlight your potential and accomplishments so that when it comes time to get a new job, you are more than ready to put your name out there.  This week, we will expand on that idea by diving into something that is relatively new, the video resume.

Video resumes are the wave of the future.  There are already a number of websites out there that promote the fact that job searches are more effective, for both the applicant and the hiring organization with video resumes.  They allow you to see not only a one sided list of accomplishments on one sheet of paper, they give you a feeling of how the person carries themselves, their personality and energy, and offers a more personal approach to recruiting.

In my opinion, everyone should set up a video resume now, because in the future it may be the norm.  Creating a video resume is very easy.  All you need is a type of digital camera, maybe a web cam or a Flip Camera.  Set it up in a quiet room in your house and just discuss the strong points of your personality, past accomplishments, reasons you’re a good hire, etc.  The best thing about a video resume is that it allows your personality to come out.  Don’t be afraid to stand out a little, this will convey something to a potential employee that a standard resume cannot.

Then, download the video onto your computer and edit it down to something that you can use.  An ideal length is somewhere between 3-5 minutes, because any video that is too long will just bore the viewer, and you will lose their attention very easily.  Make it quick and to the point.  You can download very simple editing software for free, or pay for something a bit more complex if needed.

Then, once you have your final product, upload it to the web.  Join a video resume hosting site, like the ones at Vault.com, HireVue, and ResumeVideo.  A simple Google search for the term “video resumes” will give you hundreds of sites that are entertaining the idea of including video resumes in future projects, which will tell you that this is a growing trend.

Also, you can post your video on your own sites.  Post it on your blog along with a copy of your standard resume so people have more to look at.  Or you can post it to a Facebook or LinkedIn page to get it more exposure.  Even uploading it to YouTube is a good idea, because from there you can just copy and place the link anywhere you want.

If all of this sounds too technically difficult, you can hire an IT professional or video editor at minimal cost.  You can also go online and find thousands of tutorials to help you get started on your own.  You will find that it is much simpler than you originally thought.

When you are ready to search for a new job, get the video some exposure by talking about it and sharing it with as many potential employers as you can.  It will get the word out that you are creative and a forward thinker.  And, if you provide the right content, it may land you an interview faster than any other method out there.

Past Installments of this Series:
Part One – Intro to Social Media for Attorneys
Part Two – Signing up for the Networks
Part Three – Using Blogs as an Information Source
Part Four – Start Blogging Today
Part Five – Introduction to Twitter
Part Six – Introduction to LinkedIn
Part Seven – Networks as a Communication Tool
Part Eight – Submit Yourself to Blog Catalogs
Part Nine – Put Your PR Department to Work
Part Ten – Lend us your Comments
Part Eleven – Intro to Viral Marketing
Part Twelve – Answer Questions 2.0
Part Thirteen – The Big Picture
Part Fourteen – Interactions on Blogs
Part Fifteen – Interactions on Networks
Part Sixteen – Recruiting on the Networks
Part Seventeen – Promote Yourself to Get a Job

Welcome to part eleven of our blog series on Going Green, dedicated to helping attorneys practice law in a more environmentally friendly way.  Last week we talked about how educating and rewarding your employees will help to implement a change in environmental behavior.  This week we will be discuss different products and devices that advance and ease the effort to go green.

1) Compact Fluorescent Light Bulbs (CFLs):  Fill the office with the CFLs instead of the standardized light bulb.  Not only do these light bulbs require 75% less energy, but they also last ten times longer.  In the long run, you’ll end up saving money on buying the short-lived light bulbs over and over again.  And your energy bill will be lower as well.

2) Reusable Cloths:  Washing out environmentally friendly coffee mugs requires drying them as well.  Instead of constantly using paper towels this is a much more efficient method of drying not only mugs, but anything that you may wash in the office.

3) Recycled Copy/Printing Paper:  Although you should refrain from doing so as much as possible, we know that sometimes it is necessary to use paper.  In this case you should use recycled paper.  It is sometimes a little pricier than regular priced paper, but if you shop around and buy in large amounts, you can find a decent deal.

4) Reusable Kitchenware:   We used to keep everything from paper plates to plastic spoons and knives in the office.  Slowly we have been fading that out as we use washable and reusable mugs and other kitchenware.  Just because it is an office, doesn’t mean kitchenware is off limits.  By doing this we produce much less waste.

5) Plants:  Having plants around the office not only helps in increasing oxygen but it is an essentially reminder to employees to stay focused in the company’s effort to go green.

6) Mountain Bikes:  We figured we would throw this last one in for fun.  If applicable, how much gas would you save by riding a bike to work instead of driving? Okay, we get it, many of you take public transportation…but with fares rising to outrageous numbers (ahem…New York), it may not seem like a bad idea.

All of these products will help the legal community in the global effort to go green.  We each make a small difference, but in the long run; the collective effort will have a big impact.

Past Installments in this Series
Part One – An Introduction to Going Green
Part Two – Cut Electricity Costs, Just Flip the Switch
Part Three – Forget Paper, Go Digital
Part Four – Travel Together, Travel Less
Part Five – We Recycle
Part Six – Natural Lighting
Part Seven – Know Your Gadgets
Part Eight – Setting Goals
Part Nine – Reusable Bottles and Mugs
Part Ten - Setting Employee Incentives

This is a new weekly post where we will be reviewing some of our favorite User Feedback from attorneys who have completed Lawline.com CLE courses.  We decided to start this blog post because we thought it would be fun to share our favorites.

Faculty Member: Ronald Coleman

Lawline.com CLE Courses:
Legal Aspects of Blogging

Ronald Coleman joined the Lawline.com faculty last year with an exciting new course on blogs.  The course is based on the idea that blogs are growing in importance and the rules and laws that govern the internet and online media are in the evolutionary process.  Ron goes over the basics and gives a good introduction of the area to lawyers who may still be unfamiliar with blogs.  Ron also writes his own blog entitled Likelihood of Confusion.

Favorite Comments about Ron Coleman
"Very interesting topic by knowledgeable speaker."   - Virginia (Red Bank, NJ)

"Interesting speaker; good presentation on a topic of growing significance."   - Kenneth (New York, NY)

Favorite Comments on his CLE programs
"This course was a home run! I can now have a conversation about blogging instead of looking at the subject as something from outer space."   - Gerald (Montclair, NJ)

"Fascinating information about a new technology in conjunction with legal issues associated there with. Good discussion."   - Paula (Alhambra, CA)

Another week has passed, and another group of people have started using new internet technology to connect with others and build business.  Hopefully, that group of people includes some lawyers.  Welcome to part 17 of our blog series on social media for attorneys.  This week we will focus on the other side of recruiting, where you are the one trying to get a job.

Let’s face it, in any market, you always want to be prepared to move on to another job.  Whether you are changing your area of practice, moving up within a company, or moving to another firm for any reason, you will be in a position where you want a job.  And social networks have increased the amount of information that you can put out about yourself, and increased the ability that you have to reach out to potential employers.

By using social media, as we have said before, you are creating an online brand.  You are continuously adding to this image of yourself for all to see in the online world.  Well, when it comes time to get a job, having a solid image can do you a lot of good.

You can use the networks to continue to post your accomplishments, even using a Facebook page as your own personal online resume.  Tweet about cases you have worked on, successes that you have had, and new clients that you have taken on.  Update your status across all of your networks explaining that you are looking for a new position and what you are looking for.  Write a blog about what you have accomplished and what you are hoping to accomplish in a new position.

The great thing about the integration of the social web with the rest of the “old internet” is that all of these profiles are searchable.  Potential employers can find you, and they will.  Why not make it easier to find out about all the good things that you have to offer by putting them out there over time.  Don’t wait until it is too late and then rush to get it all out there.  Every week you should be adding stuff to your various profiles and pages on the web.

In a sense, by paying attention to how you might appear to potential employers at all times, you become your own recruiter.  You have a continuous stream of positive things to say about yourself, and the more that the information is on the web so that other people can see it, the more powerfully you can present yourself when it comes time to.

Soon we will come to a time when everyone is using the web to recruit and hire top talent, so it is important to get yourself in the game as soon as possible.

Past Installments of this Series:
Part One – Intro to Social Media for Attorneys
Part Two – Signing up for the Networks
Part Three – Using Blogs as an Information Source
Part Four – Start Blogging Today
Part Five – Introduction to Twitter
Part Six – Introduction to LinkedIn
Part Seven – Networks as a Communication Tool
Part Eight – Submit Yourself to Blog Catalogs
Part Nine – Put Your PR Department to Work
Part Ten – Lend us your Comments
Part Eleven – Intro to Viral Marketing
Part Twelve – Answer Questions 2.0
Part Thirteen – The Big Picture
Part Fourteen – Interactions on Blogs
Part Fifteen – Interactions on Networks
Part Sixteen – Recruiting on the Networks

Cruise Ship Negligence and Legal Malpractice

Cruise Ship Season comes and goes, and even in poor economic times, the ships carry many people to their vacations.  As in all events human, there will be accidents and injury.  The very nature of cruise ships, their location and the mere fact that they travel on water, complicates the legal horizon.  Nautical law is different from terrestrial law, and many times [for legal advantage] the ships themselves are registered in other countries.

All this leads to mistakes when a passenger is physically injured.  Whom does one sue, the travel agent or the cruise ship line?  Where does one sue?  How does one effect service of process?  These are just some of the smaller questions.  How do you line up the witnesses, now back in their many different homes?  How do you get the medical testimony, which was taken far, far away?

Here is a legal malpractice case from such an occurrence.  Engler v Kalmanowitz ;2009 NY Slip Op 02237   Decided on March 24, 2009   Appellate Division, First Department .  Here, the legal malpractice claim is not set forth.  Was it service of process?  Was it failure to bring the action in a timely fashion?  We do not know.  What we do know is that Supreme Court determined that there were questions of fact still existing and that the Appellate Division found, as a matter of law, that the cruise ship, who was not a party to the legal malpractice action, had no notice of the defective carpet.
 
An Attorney's Mistake with No Remedy in Legal Malpractice

Nature abhors a vacuum, they told us in high school and the law abhors a wrong without a remedy. One particular area of legal malpractice where this occurs is criminal defense, in which no legal malpractice action might be brought by a convicted defendant, no matter whether the attorney's mistakes contributed, or caused the conviction.

Another area is the estates-peri-death area.  One example is the will beneficiary who does not receive a legacy or bequest because of attorney mistakes, but has no privity.  The attorney's mistake may not be litigated by the will beneficiary.  Here is another example:

Estate of Saul Schneider v Finmann ;  2009

NY Slip Op 02319  Decided on March 24, 2009

Appellate Division, Second Department .  Assume here for this example that the attorney mishandled the insurance transfer.  Money is lost to the estate because of it.  May the estate successfully sue?  No.
""The well-established rule in New York with respect to attorney malpractice is that absent fraud, collusion, malicious acts or other special circumstances, an attorney is not liable to third [*2]parties, not in privity, for harm caused by professional negligence" (Estate of Spivey v Pulley, 138 AD2d 563, 564). Inasmuch as the estate was not in privity with Finmann, and there is no allegation that one of the exceptions to the privity requirement is applicable here, the estate may not maintain an action for legal malpractice against Finmann in its own right (see Deeb v Johnson, 170 AD2d 865; cf. Estate of Nevelson v Carro, Spanbock, Kaster & Cuiffo, 259 AD2d 282, 285). Moreover, Schneider himself did not have a claim during his lifetime against Finmann for legal malpractice, since the only alleged damage suffered from the malpractice was the increase in estate tax liability, which could not have been incurred while Schneider was alive. Consequently, the estate may not maintain this action under EPTL 11-3.2(b) (see EPTL 11-3.2[b]; Deeb v Johnson, 170 AD2d at 866; Rutter v Jones, Blechman, Woltz & Kelly, P.C., 264 Va 310, 314; cf. Nembach v Giaimo & Vreeburg, 209 AD2d 222, 222-223). "
 
Fee Suits and Legal Malpractice Counterclaims - A Constant Duo

"The best defense is a strong offense"..."Tyranny shall not go unopposed!"  which of these two opposing story lines will succeed in a legal fee / legal malpractice case.  Here is one example where the fee side wins out.    Duane Morris LLP v Astor Holdings Inc. ,  2009 NY Slip Op 02544

Decided on April 2, 2009   Appellate Division, First Department  permits the attorneys to collect their fee, and the malpractice claims to die. 

"The record shows that in December 2003, each defendant signed an agreement with plaintiff, acknowledging that it owed plaintiff a certain sum of money for their legal representation and agreeing to pay it within a certain amount of time. Although defendants contend that there is a triable issue of fact as to whether these agreements were signed under duress, "[r]epudiation of an agreement on the ground that it was procured by duress requires a showing of both (1) a wrongful threat, and (2) the preclusion of the exercise of free will" (Fred Ehrlich, P.C. v Tullo, 274 AD2d 303, 304 [2000]).  The affidavit of defendants' principal, which claimed that he orally protested plaintiff's services, does not serve to defeat plaintiff's motion. A client's "self-serving, bald allegations of oral protests [a]re insufficient to raise a triable issue of fact as to the existence of an account stated" (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000])

The part of defendants' malpractice counterclaim that dealt with the action against Edward Roski III was properly dismissed. "A legal malpractice action is unlikely to succeed when the attorney erred because an issue of law was unsettled or debatable" (Darby, 95 NY2d at 315 [internal quotation marks and citation omitted]). When the Southern District of New York found that some of Astor's claims in the Roski Action were barred, it noted that "there appears to be no federal authority directly on point" (Astor Holdings, Inc. v Roski, 325 F Supp 2d 251, 262 [SD NY 2003]), and relied on a California state case that was decided in 2002 (see id.), which was after the Roski action was filed...."

Welcome to part ten of our blog series on Going Green, dedicated to helping attorneys practice law in a more environmentally friendly way.  Last week we discussed how reusable water bottles and coffee mugs can cut down on the waste that your practice produces.  This week we will focus on educating and rewarding employees to encourage them to buy into the environmental standards you set.

Let’s face it, the human condition is to go with the status quo, especially when there is no incentive to change your ways.  Just because you implement a set of Green initiatives to help your practice become more environmentally friendly, does not mean that people want to adhere to them.  Sure, you can threaten them with punishments, but that will lower morale and only force people to try just so hard.

A better way to deal with the situation is to make it more exciting.  Just like any other system that you implement, going green will take a group effort.  Set up contests and rewards for following the new guidelines and going above and beyond the expectations.  The person who is most environmentally friendly each month gets a small cash bonus, however you want to measure that.

Also, take one day a week, or twice a month, and plan a “green education” event.  Invite guest speakers to present new ideas on how people can be more efficient and work better to help the environment.  These can be fun and informative, and help spread the idea of environmentalism around the office.

If you are serious about going green at the office, these are two steps that you can take to insure that the others at the office are on board as well.  The most important idea to take out of this is when people are excited about something, it is much easier to move forward with it.  Create a workplace that encourages this type of enthusiasm about going green and you will be much more likely to inspire real change. 

Past Installments in this Series
Part One – An Introduction to Going Green
Part Two – Cut Electricity Costs, Just Flip the Switch
Part Three – Forget Paper, Go Digital
Part Four – Travel Together, Travel Less
Part Five – We Recycle
Part Six – Natural Lighting
Part Seven – Know Your Gadgets
Part Eight – Setting Goals
Part Nine – Reusable Bottles and Mugs

This is a new weekly post where we will be reviewing some of our favorite User Feedback from attorneys who have completed Lawline.com CLE courses.  We decided to start this blog post because we thought it would be fun to share our favorites.

Faculty Member: Joel Cohen

Lawline.com CLE Courses:
Ethical Issues with Roger Clemens and Other High Profile Clients
Ethics: Should Lawyers be Constrained by the Truth?
The False Defense: How Far May a Criminal Defense Lawyer Go?

Joel Cohen joined the Lawline.com faculty last year, with an interest in helping to make Ethics CLE course as interesting as possible.  With his help, we have produced 3 roundtable discussions on various ethical topics that have been rated very highly by our customers.  We hope to continue to work with Joel in the future so that we can provide the highest quality Ethics programming on the web.

Favorite Comments about Joel Cohen
"Joel Cohen excelled in this excellent panel discussion, exploring the ethical dilemmas of practicing law and focused quite well on client and witness truthfulness and attorney obligations. A very thoughtful discussion."   - Steven (Indianapolis, IN)

"Special to hear these very famous speakers. Thank you."   - Lauren (Boca Raton, FL)

Favorite Comments on his CLE programs
"Very good trio of advocates. comfortable, knowledgeable of their subject matter and they seem to like what they do. Great lecture, good 'office discussion' format."   - James (Reston, VA)

"I enjoyed this presentation, especially the "roundtable" format. The speakers were knowledgeable on the topic and effectively used examples to further explain their points."   - Chadwick (Washington, DC)

"Most engaging presentation; dialogue format with excellent attorneys was informative and enjoyable."   - Thomas (Evanston, IL)

Here at Lawline.com we know that times are hard.  That is why we have decided to launch the Continuing Legal Education Stimulus Package, to provide all new members with TWO FREE continuing legal education courses.  “We want to give attorneys a head start on their CLE requirements, it is important that the legal community stays informed, and we’re here to help” says Lawline.com president David Schnurman.  We’re hoping the free hours of CLE will give attorneys a break and turn them on to the ease of online CLE options.

Everyone keeps saying that the best time to polish your education and abilities is now, with the economic crisis, but education is not always cheap.  For attorneys who have lost their jobs it is difficult to spend thousands of dollars on CLE.  Not only is Online CLE cost effective for Law Firms and attorneys, but the elimination of travel to lecture halls saves money as well.  

The complimentary courses offer 1 general credit and 1 ethics credit.  They are two of our most highly rated programs, “Ethics: Should Lawyers Be Constrained by the Truth,” and “Chapter 7 Bankruptcy: The Initial Consultation.”  Incidentally Chapter 7 Bankruptcy has been viewed in record numbers in the last few months, showing a heavy rise of interest in bankruptcy law.

Please take advantage of these free courses by signing up today.  Click Here to Join.

Another week has passed, and another group of people have started using new internet technology to connect with others and build business.  Hopefully, that group of people includes some lawyers.  Welcome to part 16 of our blog series on social media for attorneys.  This week we will focus on using various forms of social media for recruiting.

Any good lawyer needs help.  Any good law firm needs lots of help.  And where do you go to look for that help?  More and more, people are looking to social networks and various other online sources to recruit talented workers.

I must have been thinking ahead when I posted this article just about a year ago about using the web as a recruiting tool.  Just one year later, the popularity of social networks as a means of recruiting potential employees is on the rise.

You never know when you are going to need to hire people, though in this economy it may be less frequently.  It is a good idea to have your professional network open to people who may be looking for jobs at all times.  For example, a simple status update on Facebook or Twitter can alert those people that know/follow you to the fact that you are hiring.  Additionally, a blog post about your open position can draw a lot of attention.

Job seekers are increasingly looking to the web for potential employers and opportunities, so it is a good idea to meet them there.  Using unique sources to find job applicants can increase the number of responses that you get for the open position, which usually leads to more qualified candidates.

As an example of how this can work, the Lawline.com summer internship spawned from online recruiting strategies.  We posted on our blog, Facebook, and LinkedIn that we were looking for interns with certain qualities and a defined skill set.  Within days we had hundreds of responses from interested college students and young professionals.  Now, we use these networks to announce all open positions at the company with tremendous success.

The recruiters and temp agencies already know the value in social networks, so why shouldn’t you use your knowledge of the social web to hop on board.  The more people use the internet for, the more attention you can get online.  Some simple announcements across your networks can go a long way to hiring your next team member.

Past Installments of this Series:
Part One – Intro to Social Media for Attorneys
Part Two – Signing up for the Networks
Part Three – Using Blogs as an Information Source
Part Four – Start Blogging Today
Part Five – Introduction to Twitter
Part Six – Introduction to LinkedIn
Part Seven – Networks as a Communication Tool
Part Eight – Submit Yourself to Blog Catalogs
Part Nine – Put Your PR Department to Work
Part Ten – Lend us your Comments
Part Eleven – Intro to Viral Marketing
Part Twelve – Answer Questions 2.0
Part Thirteen – The Big Picture
Part Fourteen – Interactions on Blogs
Part Fifteen – Interactions on Networks

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.