Lawline.com Blog

Friday Five: Be Happy

Fri, 09 May 2008 13:50:47 -0400

Today is Friday. It is the second Friday in the month of May. And it is the first Friday of the rest of your life. I got an email last night with the subject line, 21 Secrets of a Happy Life: Each New Day Means Something. As I read through the list, most of the items are the same little tidbits of knowledge you hear from time to time. But some of them jumped out, and the fact that they were listed all together made them meaningful. So I have comprised five of them here as things that you should do every Friday. If everyone followed these tips at least one day a week, we'd all be better off. TOP FIVE THINGS TO DO EVERY SINGLE FRIDAY OF YOUR LIFE 1. Do Something Unexpected for Someone. This includes giving someone a gift, helping them out with a task or chore, or letting them do something they really want to do. It should be someone new every Friday. You will find that as you start doing unexpected things like this, the action will spread. Everyone loves a surprise, and you will feel good for doing it. 2. Call an Old Friend or Acquaintance You Haven't Spoken To in a While Just to Chat. When you have some time, think of a relationship that you really have not kept up with as much as you would like. Again, a new person every Friday will help keep the spirit going. When they answer, be genuinely excited to hear their voice. Don't have an agenda, just casually catch up and ask questions like how they are doing and what they have been up to. 3. Tell Someone in Your Day to Day Life that You Appreciate Everything they Do and Mean it. This can be someone you work with, a family member, or even someone you see casually in passing like the woman who sells you coffee every morning. Look them in the eyes and tell them they do a great job. Though they may be caught off guard, that will stick with them the rest of the day. 4. Take 30 Minutes and Just Relax By Yourself. This is always a good idea. Leave the distractions and pressures behind and just sit. Whether it be outside, in your office, or in your home, just be alone with your thoughts. Don't concentrate on anything in particular, just let your mind wander. 5. Laugh. No explanation needed. It is amazing what laughter can do to the way you are feeling. Just the physical act of smiling and laughing has been proven to elevate the worst of moods. Laugh by yourself, laugh at yourself, laugh with others, it does not matter as long as you are laughing and enjoying the moment.

Thursday Attorney Malpractice Update 5/8/08

Thu, 08 May 2008 13:13:26 -0400

William Jacobs, et al., Plaintiffs-Appellants, v Richard L. Kay, et al., Defendants-Respondents. 3460, 117332/05 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 2008 NY Slip Op 3710; April 24, 2008, Decided April 24, 2008, Entered “After settling with the executrix their objections to the probate of their father's will and trust, plaintiffs commenced this action against the attorneys for alleged fraudulent misrepresentation, fraudulent concealment, legal malpractice, breach of contract and for treble damages, in the preparation of those instruments. Not only does HN1New York not recognize a right of action for tortious interference with prospective inheritance (see Vogt v Witmeyer, 87 NY2d 998, 665 N.E.2d 189, 642 N.Y.S.2d 619 [1996]), but having earlier settled their objections, plaintiffs may not now seek, in effect, to challenge indirectly the validity of the will and trust by suing these defendants with whom they had absolutely no privity. Absent a contractual relationship between the professional and the party claiming injury, the potential for liability "is carefully circumscribed" (William Iselin & Co. v Mann Judd Landau, 71 NY2d 420, 425, 522 N.E.2d 21, 527 N.Y.S.2d 176 [1988]). A viable tort claim against a professional requires that the underlying relationship between the parties be one of contract or the bond between them so close as to be the functional equivalent of contractual privity (Ossining Union Free School Dist. v Anderson LaRocca Anderson, 73 NY2d 417, 539 N.E.2d 91, 541 N.Y.S.2d 335 [1989]). However, plaintiffs have not pleaded any facts setting forth the existence of a contractual relationship or the functional equivalent thereof between themselves and defendants. Moreover, they have no viable cause of action for treble damages under Judiciary Law § 487, since defendants' purported deceit did not occur during the course of a pending judicial proceeding (see Costalas v Amalfitano, 305 AD2d 202, 203-204, 760 N.Y.S.2d 422 [2003].” John Randolph Hearst, Jr., appellant, v Barbara Hearst, et al., respondents. (Index No. 06-01959) SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 3590; 2008 N.Y. App. Div. LEXIS 3495 April 22, 2008, Decided “The Supreme Court also improperly dismissed the cause of action alleging legal malpractice insofar as asserted against the Ackerman defendants. A prima facie case of legal malpractice requires proof that the attorney failed to exercise the ordinary and reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the attorney's breach of that duty proximately caused the plaintiff to sustain actual and ascertainable damages (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442, 867 N.E.2d 385, 835 N.Y.S.2d 534; Bauza v Livington, 40 AD3d 791, 792-793, 836 N.Y.S.2d 645; Magnacoustics, Inc. v Ostrolenk, Faber, Gerb & Soffen, 303 AD2d 561, 562, 755 N.Y.S.2d 726). Here, the plaintiff alleges that Ackerman represented both Barbara and himself, and was thereby burdened by a conflict of interest, that Ackerman aided Barbara's misappropriation of his assets, and concealed these activities from him. Consequently, there are triable issues of fact with respect to the cause of action alleging legal malpractice (see Tabner v Drake, 9 AD3d 606, 610, 780 N.Y.S.2d 85), as well as the cause of action alleging the aiding and abetting of fraud, insofar as asserted against the Ackerman defendants.” EDWARD H. ARNOLD, Plaintiff, -against- KPMG LLP, and SIDLEY AUSTIN BROWN & WOOD LLP, Defendants. 05 Civ. 7349 (PAC) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2008 U.S. Dist. LEXIS 25855 March 28, 2008, Decided March 28, 2008, Filed Plaintiff Edward H. Arnold ("Arnold") brings this action against Defendants KPMG ("KPMG"), an accounting firm, and Sidley Austin Brown & Wood ("Brown & Wood"), a law firm, for damages allegedly suffered when he bought tax shelters from KPMG with Brown & Wood's endorsement. The tax shelters, which were effectuated through the purchase and sale of securities, were designed to offset Arnold's income but were determined to be unlawful tax-avoidance schemes. The Court held oral argument on the matter on March 6, 2008. (Transcript of Oral Argument, March 6, 2008 ("Tr.").) The Court ruled that: (1) Arnold's federal securities claims are time-barred by operation of the relevant statute of limitations (Tr. at 7-11); and (2) Arnold's numerous state law claims merge into single claims for professional malpractice against each defendant (Tr. at 11-12). In light of these holdings, the Court heard oral argument as to: (1) whether the Court should exercise supplemental jurisdiction over the state law malpractice claims in light of the dismissal of the federal claims, and (2) whether the state law malpractice claims are time-barred under the statute of limitations. The Court now exercises its supplemental jurisdiction over the state law malpractice claims and dismisses them as time-barred. In this case, Defendants argue that the three-year statute of limitations accrued when the opinion letters were issued. Arnold contends that because the fraudulent scheme was continuous, the claim did not accrue against either Defendant until KPMG revealed its fraudulent conduct by entering into a deferred prosecution agreement with the Department of Justice in August 2005. In the alternative, Arnold argues that the statute of limitations was tolled. The Court rejects the argument that the appropriate date of accrual was August 2005; the claim for malpractice accrued when each Defendant issued its opinion letter. YAMIRA SANTIELI, Plaintiff, v. LAWRENCE M. LAPINE, Defendant. 3:05cv1712(WWE) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT 2008 U.S. Dist. LEXIS 28251 March 26, 2008, Decided To recover on a claim of legal malpractice, plaintiff must establish (1) the existence of an attorney-client relationship; (2) the attorney's wrongful act or omission; (3) causation; and (4) damages. Plaintiff must produce expert testimony that a breach of the professional standard of care has occurred, and that the breach was a proximate cause of the injuries suffered by the plaintiff. Dixon v. Bromson and Reiner, 95 Conn.App. 294, 297-98, 898 A.2d 193 (2006); Solomon v. Levett, 30 Conn.App. 125, 128, 618 A.2d 1389 (1993). In malpractice cases, expert testimony serves to assist lay people, such as members of the jury and the presiding judge, to understand the applicable standard of care and to evaluate the defendant's action in light of that standard. Vona v. Lerner, 72 Conn.App. 179, 187, 804 A.2d 1018 (2002). Plaintiff makes no representation that she intends to disclose an expert witness and she has filed no motion to do so. Rather, she argues that this case falls within the exception to the expert witness requirement where there is "such an obvious and gross want of care or skill that the neglect is clear even to a layperson." Davis v. Margolis, 215 Conn. 408, 416 n. 6, 576 A.2d 489 (1990). An expert may not be necessary when the legal malpractice involved a failure to follow rules of procedure, such as filing motions or attending hearings. See Dubreuil v. Witt, 80 Conn.App. 410, 422, 835 A.2d 477 (2003). However, the instant case does not involve an obvious and gross want of care that would be clear to a lay person. Here, assessment of whether defendant breached the standard of care requires expert testimony as to the division of marital assets and the advice provided by defendant. Accordingly, summary judgment is appropriate.

Online CLE Receives Added Boost of Confidence

Wed, 07 May 2008 20:06:27 -0400

Much has been said in the legal community about the necessity for Continuing Legal Education requirements. Generally, the debate has shifted as much as people will admit that CLE does help keep certain standards of ethics and professional knowledge among practitioners. However, Online CLE, considered self-study and distance learning in many states, brings up an entirely different debate. Some states, such as New York and California, allow all of the mandatory credit requirements to be fulfilled on the internet, through websites like Lawline.com. However, others are not as quick to admit that Online CLE platforms offer the right type of learning environment. Some allow partial fulfillment of credits online, and others still do not allow online courses to be taken at all. But recently, the push toward Online CLE has been helped by two states. First, Illinois introduced its first round of Continuing Legal Education requirements (the first deadline is June 30, 2008) and decided to allow all 20 credits to be fulfilled online. Then, in March, Tennessee increased the amount of credits accepted through online platforms from 6 to 8. As states continue to realize that Online CLE is every bit as informative and educational as live CLE programs, the trend will continue toward the internet as the main arena for CLE compliance. Not only are online courses comprehensive and interesting, they offer a simple, low cost solution to attorneys who have difficulty attending live events. To view Tennessee CLE options on Lawline.com, you can use the following links: Tennessee CLE Bundles Tennessee CLE Courses Tennessee CLE Requirements

4 Months Gone: Evaluate Your Efforts

Mon, 05 May 2008 16:33:12 -0400

Happy Cinco De Mayo to everyone! It's Monday and that means it's time to get back to the office. May 5th means that we have made it a third of the way through another year. So far, this year has been one marked by overall economic troubles and rather interesting presidential primaries. It can be difficult at times to escape the day to day grind and take a step back to look at things on a larger scale. But now that we are in the fifth month of the year, I believe it is time to take a day or two to analyze how the year is going for you in a business sense. Each and every one of us starts the new year with plans for new business development and continued marketing and client relations strategies. But having those plans is just the beginning, now it is time to see whether or not we are keeping up with those plans, and whether or not they are helping us achieve our goals. Maybe you have been so busy trying to keep up that you have forgotten all about some of the new projects you wanted to implement. Or maybe the tough economic conditions have caused you to alter the way you are handling business development practices up until this point. Though everyone's situation is going to vary, here are a few questions to ask yourself as you think a little bit deeper about your performance to date. 1. How is your online presence compared to where it was at the end of 2007? This is an important one because online marketing is not only effective, but almost always cheaper and easier to implement than other marketing strategies. Are you blogging? Have you upgraded your website? How are you showing up in Google and other search engines? 2. How many new contacts have you made? These can be any type of contacts you may have since last year. Maybe you went to a few networking events, or maybe you have gotten a few referrals from previous contacts. It's a numbers game and it is important, especially in today's economy, to get out a meet people. Develop relationships and see where they lead, because they can eventually lead to new business. 3. Are you spending money in the right places? If you have started any new marketing campaigns this year, it may be time to look back and see what kind of return you are getting on them. Since times may be slow, it is important not to spend too much money on something that does not seem to be working. Take a long look at the numbers and see if you can't cut some unnecessary costs or at least redistribute your money to those initiatives that have been working a little better.

Friday Five: Get Out and Eat

Fri, 25 Apr 2008 20:34:07 -0400

All across the country its getting warmer. And, as it usually does around this time of the year, it is getting harder and harder to grind out each day at the office. It is important on days like that to find ways to break up the day and keep yourself moving. That is why I would recommend getting out of the office for lunch as much as possible. It is enough that you spend 40-50-60+ hours at the office each week, you don't need to add to it by eating there too. It is the perfect break to the day, and it will keep the motivation level higher to get you through nice warm days like this. Happy Friday, see you in May! TOP FIVE REASONS TO GET OUT OF THE OFFICE FOR LUNCH 1. MIDDLE OF THE DAY. Lunch is the perfect timing for a break becomes right in the middle of the work day. If you are going to break up the time, there is no better time to leave the office. By the time you get back, you will be refreshed and ready to crack down for the next couple of hours. 2. SIT OUTSIDE. If the weather permits, there is nothing better than sitting outside during lunch. This gives you a chance to enjoy the weather and get out of that stuffy office. There is nothing better than sitting there, eating your sandwich, and letting the sun bake away your stress. 3. MEET WITH CLIENTS. Lunch is the perfect opportunity to meet with clients casually during your busy week. Take advantage of some of the extra time you have to improve your client relations. And if there are no clients to meet with, go out with colleagues and friends to get your mind off of work, which leads me to my next point. 4. CLEAR YOUR HEAD. No matter what, getting out of the office is like an escape from the pressures of work. Just sitting down for a short meal somewhere other than the office allows you to drift away and think about anything else other than whatever you are working on. That way you do not have the extra stress of work leaving the office with you. 5. ENJOY THE MEAL. It is far easier to fully enjoy a meal outside of the office than in it. End of story.

Law Firms Going Green and Loving It

Wed, 23 Apr 2008 17:21:53 -0400

Green, it's the buzzword of the decade. But what does it really mean to say that businesses are going green? Well, for different businesses it can mean different things. But overall, it means that the company is making efforts and strides to reduce waste, conserve energy, become more sustainable, and give a little something back to the environment. Companies have started to see that not only is going green good for the environment and public relations, it can actually be a real money saver in the long term. When most people think of companies going green, they might think about various environmental service businesses or tech companies. But today, it is important for every industry to begin to see the light, even law firms. And as it turns out, there are some law firms that have already seen value in taking the initiative. Wendell Rosen Black & Dean of Oakland, Ca. has been recognized as a green company since 2003. Some of the main practices that they took on as a part of the process was eliminating paper waste, and switching over every possible piece of office equipment and décor to more bio-friendly products. As a result, they have seen much better client relations and a reduction in overall costs of doing business. Other law firms all over the country have started the process as well. It is important to realize that in the effort to go green, any action is a step in the right direction. It does not necessarily take an entire revamp of the way you do business to get started. Little things here and there can make a big difference in the long run. And as more companies across a wide variety of industries begin to make the switch and realize the benefits, we will be much better off both environmentally and economically.

Importance of Social Networking Sites in Recruiting

Tue, 22 Apr 2008 20:17:50 -0400

Lawyers are notoriously slow adapting to change. Changes in the way we do business, in the way we hire new employees, in the way we reach out to the public, are never headed up by the legal community. It is a profession marked by long standing traditions and a very specific set of values and standards. But now, as new technologies continue to open up doors for all businesses every single day, it is important that even lawyers and law firms try to keep up. I recently read this blog, which addressed the issue of banning certain websites in large law firms. Citing a survey, it was argued that banning social networking sites can hurt recruiting efforts for new hires because today's young professionals have grown up with these online communities. I would take this a step further and say that smaller law firms can use social networking sites and blogs to help their recruiting effort against large firms. The big law firms have always had an advantage when it comes to recruiting the best talent out of law school for the simple fact that they can pay more. But recruiting talent is as important as ever, so why not look for new ways to do it? Treat your potential employees as if they are potential clients. Actively go after their “business”. Speaking directly to law students and young lawyers via blogs, online communities, and other web formats allows employers to tap into a whole new world, one that is inhabited almost entirely by the next generation of workers. Already many other businesses are starting to see the potential in taking advantage of these new online communication platforms, and it is time for the law to take notice. Instead of banning such websites, use them to their fullest extent. Don't hide from the future, embrace it. The next generation of lawyers are out there looking for a place to work. Go and find them.

Friday Five: The Pope is in Town

Fri, 18 Apr 2008 17:57:50 -0400

Welcome back to Friday and the return of the Friday Five. After a week off, we decided that it was time to get back to the old ball game. Being located in New York City has its advantages, just not when the Pope is in town. Try getting from point A to point B when all points are closed. Difficult is an understatement. Anyways, today the Pope spoke before the UN and addressed some pressing international issues. I feel he may leave the U.S. without addressing some of our most pressing issues. What issues am I speaking of, find out below. TOP 5 ISSUES NOT ADDRESSED BY THE POPE DURING HIS U.S. VISIT 1. Steroids in baseball. 2. Whether or not Barack Obama is an elitist. 3. Polygamist compounds. 4. The credit crunch. 5. Mandatory CLE. Now, I know most of you are used to seeing a longer description for each of the items on the list, but if the Pope is too busy to mention them, then so am I. Happy Friday!

New Lawline.com Referral Program Means Savings for Attorneys

Thu, 17 Apr 2008 19:16:20 -0400

New York, NY - April 17 -- Lawline.com, a leading provider of Online Continuing Legal Education nationwide, has launched its brand new Refer-A-Friend Program. The program allows members of the site to refer other lawyers to Lawline.com, for which they will be compensated with Free Continuing Legal Education (CLE) Credits. In addition, those attorneys that are referred will be offered a one-time discount of 15% off of their initial purchase. The program, which is designed to allow customers to spread the word about Lawline.com's stress-free CLE experience, also helps attorneys save their colleagues and friends money. There is no limit to how much you can save as each attorney can refer as many people as they want. And because Lawline.com offers CLE courses accredited in 32 states across the country, there is no limit to who can sign up. The free CLE credits are added to the attorneys account after successful completion of the initial purchase by those that they refer. To learn more about the program or to begin Referring Your Friends, please visit http://www.lawline.com/cle/refer-a-friend.php. Current members of Lawline.com will find an option to refer other attorneys upon signing in to their Lawline.com account. This is an easy way to earn free credits for your next reporting cycle or finish up this year's requirements before the deadline. Lawline.com remains committed to providing innovative ways to help attorneys improve their professional skills in an efficient, inexpensive manner. The Refer-A-Friend Program saves attorneys money and allows them to view a wide variety of high quality CLE programming offered by Lawline.com's expert faculty.

Thursday Attorney Malpractice Update 4/17/08

Thu, 17 Apr 2008 13:14:14 -0400

CASES THIS WEEK IN LEGAL MALPRACTICE Jusuf Becovic, et al., Plaintiffs-Respondents-Appellants, v Poisson & Hackett, et al., Defendants-Appellants-Respondents. 3142, 118056/04 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 2008 NY Slip Op 2644; 2008 N.Y. App. Div. LEXIS 2594 March 20, 2008, Decided March 20, 2008, Entered Plaintiffs were physically injured, and the placement and maintenance of a garage sign was an important element of the personal injury case. They lost and sued the attorneys. The legal malpractice case was dismissed on summary judgment. Note the parting comment on discovery. “In this legal malpractice action, plaintiffs are unable to demonstrate that they would have succeeded in the underlying personal injury action "but for" defendants' conduct (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434, 866 N.E.2d 1033, 834 N.Y.S.2d 705 [2007]). Contrary to the motion court's conclusion, plaintiffs cannot show that the defendants in the underlying action created the allegedly dangerous condition by an affirmative act of misfeasance (see Mercer v City of New York, 88 NY2d 955, 670 N.E.2d 443, 647 N.Y.S.2d 159 [1996]; Kelly v Berberich, 36 AD3d 475, 476-477, 828 N.Y.S.2d 332 [2007]), [**2] and the claim that said defendants failed to maintain the garage sign that was purportedly the instrumentality that resulted in the injury is not sufficient for this purpose. Plaintiffs also failed to raise an issue of fact regarding notice of the condition, since their sole opposition was hearsay (see Wertheimer v New York Prop. Ins. Underwriting Assn., 85 AD2d 540, 541, 444 N.Y.S.2d 668 [1981]). In view of the dismissal of the instant action, we need not address the arguments on plaintiffs' cross appeal for spoliation sanctions. We note, however, that plaintiffs' position is lacking given the long period of inaction [*2] by their attorneys in this action in failing to avail themselves of the opportunity to seek third-party discovery.” Naida I. Velazquez, etc., appellant, v Bruno Decaudin, et al., defendants, Arnold Streisfeld, etc., et al., respondents. (Index No. 3191/06) 2006-10455, 2007-05614 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 2575; 2008 N.Y. App. Div. LEXIS 2514 March 18, 2008, Decided As the Appellate Division notes, this is a strange and disturbing real estate deal for the beneficiaries of their mother's estate. “The complaint alleges, insofar as is relevant here, that Jose, believing, on the basis of misrepresentations by certain of the defendants, that he was refinancing to save his mother's property from foreclosure, entered into a contract to convey the property to Decaudin for $ 390,000. The property allegedly was worth $ 600,000 at the time. When the closing was scheduled, Jose [**5] allegedly was advised that only he had to attend the closing, but that he should bring with him his mother's social security card and driver's license. At the closing he allegedly was introduced to Streisfeld, and was told that Streisfeld was his attorney. [*3] The complaint alleges that, prior to the closing, Streisfeld had been provided with a copy of the power of attorney by which Jose was purporting to act in connection with the closing. The power of attorney, which had been executed by Jose's mother, appointed Jose and his sister, the plaintiff, Naida I. Velazquez, acting jointly, as attorneys-in-fact for their mother. Despite the requirement that Jose and the plaintiff act together, however, the complaint alleges that Jose acted alone in connection with the conveyance of the property and that the plaintiff was unaware of his actions in that regard. According to the complaint, the closing proceeded only after a lengthy meeting, from which Jose was excluded, between Streisfeld, the representative of the defendant Old Town Abstract Company, LLC (hereinafter Old Town), which was the agent of UGT, and the mortgage brokers, financial advisors, and other attorneys involved in the transaction. [**6] When the closing did proceed, Jose was taken into a room separate from the other participants, where he was advised that he was required to execute a deed, as well as a use and occupancy agreement and an option to purchase agreement. The use and occupancy agreement provided that Jose, who resided elsewhere, could continue to reside in the premises for a period of 12 months as long as he paid Decaudin's mortgage payments in a timely fashion during that period. The option-to-purchase agreement provided that as long as he did not default in his obligations under the use and occupancy agreement, Jose could purchase the property during that year for $ 370,500, which was the total amount of the two mortgages that Decaudin executed in favor of the defendant Sunset Mortgage Company at the closing. The complaint further alleges that, at the closing, Jose, Decaudin, Streisfeld, and the attorney for the lender executed an escrow agreement, pursuant to which no funds were to be disbursed, no documents were to be recorded, and no title insurance was to be issued until an original power of attorney in favor of Jose had been delivered to Old Town. The escrow agreement further provided that if the [**7] power of attorney were not delivered, the closing documents were to be returned to the respective parties. The complaint alleges that even though the power of attorney was never delivered to Old Town, the funds were disbursed and the closing documents were not returned, but were recorded, and UGT issued a policy of title insurance. The complaint alleges that the closing documents reflect that Decaudin paid approximately $ 295,000 to satisfy the outstanding mortgage indebtedness on the property and that the remaining $ 95,000 that had been borrowed from Sunset was disbursed to the defendants, rather than to the owner of the property, the plaintiff's decedent. Several months later, Jose defaulted in his obligations under the use and occupancy agreement that was executed at closing and DeCaudin initiated a summary dispossess proceeding, in which he was represented by the defendants Ira S. Clair, an attorney, and Clair and Gjertsen (hereinafter collectively Clair). The proceeding resulted in the issuance of a judgment in favor of Decaudin and a warrant of eviction. The complaint alleges that in a motion to vacate the judgment and warrant, Clair was made aware of the alleged defect in Decaudin's [**8] title but negligently failed to examine the relevant documents or do anything else to ascertain the true state of Decaudin's title.”

Lawline.com Launches New CLE Courses from Pincus Professional Education

Wed, 16 Apr 2008 14:05:04 -0400

April 16, 2008 – New York, NY - Lawline.com, a national provider of Online Continuing Legal Education, is announcing the launch of brand new CLE programs sponsored by Pincus Professional Education. The courses will be hosted exclusively on Lawline.com starting April 15, 2008. Pincus joins Lawline.com as a partner, providing course content to a growing list of CLE programs featured on Lawline.com. Pincus Professional Education is an online educational company located in Paradise, California. They provide attorneys with live in-person programs and teleconferences designed to improve professional skills for the practicing attorney. The company was founded by Faith Pincus, Esq. on the concept of making attorneys better practitioners by hearing tips straight from the experts. The new courses include such titles as “Immigration Practice in the 9th Circuit”, “Public Speaking for Attorneys”, and “Persuasive Appellate Brief Writing”. All new courses can be found by visiting www.lawline.com/cle/index.php. In addition, attorneys can purchase our brand new Pincus CLE Bundle, which consists of 15 Credits (including 1.5 Ethics) for a limited time special price of $550. Lawline.com continues to offer the highest quality Continuing Legal Education online. Their goal is to make CLE as easy and as interesting as possible. With courses accredited in 32 states nationwide, and a growing variety of CLE course subjects, attorneys can fulfill their CLE requirements on Lawline.com easier than ever before.

Child Custody Issues Redefined

Tue, 15 Apr 2008 14:04:20 -0400

After a raid on a West Texas Polygamist compound last week, state officials are now preparing for one of the largest child custody cases in US history. All 416 children taken from the ranch are now being held in the custody of the state after their mothers were allowed to return to the ranch on Monday. The custody case, which will be historic in many senses, is underway as the mothers are asking for their children returned to them unharmed as soon as possible. Originally the mothers voluntarily left the ranch with their children, but returned Monday in what many of them called a trick by state officials who did not inform them that they would have to leave their children behind. Lawyers will begin to sort through the many custody issues at hand at a hearing scheduled near the end of the week. The state of Texas will be looking to set many of the children up in foster care, whereas the mothers of the children will be trying to win back custody of their children at the ranch or elsewhere. For more information you can read this article on ABC News, “Battle Over Sect Children Begins”. This will be an important case to follow as it is the first of its kind on this type of scale. It could set an important precedent not only in future child custody cases, but how cases like this are handled in the face of religion.

Lawline.com to Host Live Continuing Legal Education Event on April 25th in NYC

Fri, 11 Apr 2008 18:30:48 -0400

New York, NY, April 08, 2008 --(PR.com)-- Lawline.com and Sean Carter are teaming up to present a live Continuing Legal Education presentation. On Friday, April 25th, Lawline.com will host its first live CLE event. The program will feature Sean Carter, who has been called the Funniest Lawyer in America. This live event offers attorneys a unique way to satisfy their New York CLE Ethics requirement. Sean Carter, known as the Legal Humorist, has gained popularity touring the country and giving very interesting speeches and lectures. His unique ability to showcase the lighter side of the law has made him a favorite among lawyers nationwide. He speaks at various conferences and major law firms throughout the year. What: Live CLE Program - 4 Ethics Credits Where: 61 Broadway, New York, NY 10006 When: April 25th 8:30am-1:00pm Cost: $125 for 2 hours; $225 for 4 hours Lawline.com remains committed to providing the highest quality Continuing Legal Education. They believe that attorneys should be empowered to learn through newer, more interesting programs that help build professionalism and practical skills. This event gives New York attorneys the opportunity to fulfill their mandatory credits in an exciting way. The event will be held at 61 Broadway, New York, NY 10006. The live program will be broken into two sessions, of which attendees can sign up for one or both. The first session starts promptly at 8:30am and will continue through to 10:30am. The second session will begin at 11:00am and end at 1:00pm. The cost of each individual session is $125, and a discounted cost of $225 is available for those signing up for both sessions. Session 1: 8:30-9:30 "A Funny Thing Happened on the Way to the Disciplinary Hearing" 9:30-10:30 "Can't We All Just Get Along?" Session 2: 11:00-12:00 "LAWghter is the Best Medicine" 12:00-1:00 "Sue unto others as you would have them Sue unto you"

Friday Five: Final Four Law Schools

Fri, 04 Apr 2008 17:33:22 -0400

The final four is here. The entire college basketball season has come down to four teams and one weekend. And in honor of those schools, we have a unique edition of the Friday Five Four for you today. We would like to highlight, in no particular order, each of the university's law schools. The following descriptions are borrowed from each University's website. Please enjoy, and good luck to all the teams this weekend. FINAL FOUR LAW SCHOOLS 1. UCLA School of Law. UCLA School of Law is the youngest top law school in the nation. At fifty-five years old, our school has never felt bound by outmoded ideas of how law should be taught or studied. Instead, beginning in the 1950s, UCLA created its own tradition - a tradition of innovation. We maintain this tradition persistently, building off our past successes as we propel our school, and students, into a future of unparalleled distinction. http://www.law.ucla.edu/home/ 2. UNC School of Law. In this place, students master the core of the Anglo American legal tradition-contracts, torts, constitutional law, civil procedure and other substantive areas of law-under the guidance of some of the nation's finest legal scholars. Students learn much about how to practice law, from brilliantly accomplished clinicians and practitioners. All of these experiences deepen our students' appreciation for the professional responsibilities that all lawyers must assume. Our devoted alumni, far-flung from one side of the globe to the other once aspired as students to join this noble profession. Each chose to begin the journey with us. No matter their varied paths, our 9,500 living alumni cherish an abiding sense of affection for Carolina Law, and acknowledge with gratitude this school's role in shaping their remarkable professional lives. http://www.law.unc.edu/ 3. Kansas School of Law. The mission of the University of Kansas School of Law is to further the knowledge and understanding of law and the legal system through a balanced and integrated program of teaching, research and service. As a unit of the University of Kansas, a state university and a major research institution, the School of Law serves its students, the legal profession, the state, and the broader university and academic community by developing and sharing expertise on a wide variety of legal topics, with the ultimate aim of making a significant contribution to the administration of justice in the state, the region, the nation, and the international community. http://www.law.ku.edu/ 4. Cecil C. Humphreys School of Law at Memphis. The Cecil C. Humphreys School of Law began in 1962 as a college within Memphis State University. The law school began in response to widespread interest in developing a full-time legal education program to serve Memphis and the Mid-South. The School of Law was created to replace two local private law schools, The University of Memphis Law School and the Southern Law School, which offered a part-time education. The School of Law at The University of Memphis was named in honor of the University's President, Cecil C. Humphreys, an educator of great distinction and recognition in the state of Tennessee. Since its inception, the Cecil C. Humphreys School of Law has graduated over 4,500 students who have assumed positions of responsibility and prominence as lawyers, judges and public officials in all fifty states. http://www.law.memphis.edu/

Thursday Attorney Malpractice Update 4/3/08

Thu, 03 Apr 2008 13:29:07 -0400

Another Big Law Bankruptcy Legal Malpractice Case Bankruptcy Legal Malpractice cases are on the rise. Trustees have greater powers than do regular plaintiffs, there are longer statutes of limitation in Bankruptcy situations, and the numbers are really big. Here is a case from the NY Lawyer site. "Gibson, Dunn & Crutcher is the latest law firm to be named in a suit stemming from the breakdown of the commodities firm Refco, Inc. The action, filed by liquidators and the trustee for Sphinx Funds, a family of funds that collapsed after doing business with Refco, was filed March 8 in New York trial court; a notice of removal to federal district court in Manhattan was filed by one of the defendants March 28. Refco filed for bankruptcy in October 2005. Several lawsuits and criminal proceedings have followed. This latest action claims the funds lost $263 million as a result of Refco¹s meltdown; Gibson, Dunn's representation of various Sphinx entities also contributed to the loss, the suit claims. Gibson, Dunn represented Sphinx Funds and its investment manager, PlusFunds, Inc., as well as fund directors and entities controlled by those directors. Work for those entities was a conflict of interest that the firm never disclosed, the complaint says. The plaintiffs also charge Gibson, Dunn with helping to conceal the nature of numerous loans made by Refco to Sphinx directors that were in fact payments to those directors in exchange for Sphinx's business with Refco. " Patent Law, Legal Malpractice, State Court and Wisconsin Here , in AccuWeb, Inc., Raymond Buisker, v. Foley & Lardner, Harry C. Engstrom, Quarles & Brady LLP and Nicholas Seay, we find one of the rare state court patent legal malpractice cases. Generally, as patent law is a federal question, one of the parties either brings the action in Federal District Court or removes it there. Here is the decision on a motion for summary judgment: "This case centers on whether AccuWeb, at the summary judgment stage, put forth sufficient evidence to raise a genuine issue of material fact on the question of whether the alleged failure of the Respondents to prevent the premature expiration of AccuWeb's 5,072,414 patent (the 414 patent) was a substantial factor in causing AccuWeb actionable damages, thus preventing summary judgment. The second issue is whether AccuWeb presented sufficient evidence to allow a fair and reasonable estimate of the amount of such damages, so that there was a genuine issue of material fact, thus preventing summary judgment as to the amount of those damages. We address the second issue because it was addressed by the circuit court. This case involves the interpretation and application of Wis. Stat. § 802.08 (2003-04),[2] the Wisconsin summary judgment statute. " $ 3.7 Million Verdict is "Too Small" in Legal Malpractice Case We've been following this case. Bank is scammed by person running a structured settlement company, and clients' structured settlement funds are lost. Bank sues the attorney who recommended the structure guy, and on Friday, a jury awarded the bank $ 3.7 million in damages. Here is the story of the verdict in Magna v. Coburn. "The day after he won $3.7 million in a legal malpractice case, East St. Louis lawyer Rex Carr said he would ask that part of the case be retried because he believes the jury should have awarded his client more money. Carr had asked the jury for more than $11 million for his client, Regions Bank, then named Magna Bank. The bank had sued the St. Louis law firm of Thompson Coburn, alleging that bad legal advice opened the bank to liability in the meltdown of financial scam artist James Gibson in the 1990s. Gibson's scheme involved the establishment of trusts for people, mostly accident victims, who had won large civil suit awards or settlements. Gibson initially invested the money with various banks, including Magna, but eventually took direct control of the money through a series complicated court cases. Gibson then lavishly spent the money on himself and his family and squandered most of it on a failed attempt to resurrect the National supermarket chain. In the end, 155 investors lost some or all of their funds, more than $60 million at the time and more than $150 million in promised payments over time. Gibson was sent to prison for 40 years. "

Online Privacy: Can it ever really exist?

Wed, 02 Apr 2008 19:55:24 -0400

In yesterday's issue of the New York Law Journal, there was an article that caught my eye. As someone who has spent a good amount of time analyzing internet based laws and legal issues, the headline “Law Would Restrict Internet Use-Based Ads” could not have gone unnoticed. In fact, reading the article got me so fired up that I knew I had to make mention of it here. The basic issue being discussed is a new bill proposed that would restrict the use of new behavioral advertising technology online. Behavioral advertising is the process by which online advertisers can target users based on internet use and activity. Meaning, they keep track of what you search for and what you look at, then deliver ads that are more pertinent to your perceived interests. It is quite fascinating. At the same time, it constantly brings up privacy concerns from people who are unfamiliar with the fact that almost everything you do online is traceable. The new bill, proposed by New York Assemblyman Richard Brodsky, flies in the face of third party advertisers and all the money they have spent perfecting this use-based technology. It is certainly an issue that will come up again and again, as the internet becomes a vital role in all of our lives. The question really is, when you are in the privacy of your own home or at your own “private” computer, but in the “public” world of the internet, where is the privacy line drawn. The internet is a public domain, with no regulating body, and therefore law makers will have a difficult time restricting the amount of data collection that is taking place. I would love to hear some different legal opinions on this issue, so if you have a particular stance please comment below.

The Credit Crisis Blame Game

Mon, 31 Mar 2008 19:20:15 -0400

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.

Homeowners to Get Federal Bailout?

Wed, 26 Mar 2008 20:33:27 -0400

The Fed has been taking steps to relieve some of the strain put on the economy in recent weeks. Some of their actions, including a bailout of Bear Stearns and lending to Wall Street brokerage firms, are both very bold and unprecedented. And now, it appears that the next bit of Federal Reserve “help” could be a program developed to help bailout struggling homeowners. Today, I came across an article on CNN.com about a movement in Washington that seems to be gaining some momentum. The proposal, which is scheduled to go before Congress sometime in the next couple of weeks, sets aside funds from the Federal Reserve to back billions of dollars in loans to people who are having the most trouble paying their current mortgages. This is meant not only to ease the pressure that the banks are under, but to enable homeowners to have more time to make payments that they cannot make right now. The debate will no doubt continue to wage on about these Federal bailouts because there is a lot to be said about a free market and how it should and should not work. Many people fear that too much interference from the Federal Reserve now might cause more problems down the road. It is something to think about, both financially and legally, as lawmakers continue to debate how and when to take action against the current economic crisis.

Long Awaited Merger Gets Anti-Trust Approval

Mon, 24 Mar 2008 21:07:37 -0400

The merger between satellite radio giants, XM and Sirius, has gained a renewed strength today as it was announced that the U.S. Justice Department has given the okay. This announcement comes more than a year after the merger was first introduced. The Department of Justice, in their ruling, determined that because of the large variety of music options to consumers, these two companies joining forces is not anti-competitive. It is still unclear what a merger would mean to consumers, as far as new pricing and subscription options. And many current satellite radio customers are nervous that the deal could increase their fees substantially. There is still a decision from the FCC to come, but it appears that they deal will eventually pass. The judgment ultimately came down to a determination whether or not satellite radio is its own industry, or just a part of the larger music and entertainment industry. By deciding in favor of the merger, it is clear that the Department of Justice believes satellite radio is just another option to public radio.

Friday Five: You Have to Love Good Friday(s)

Fri, 21 Mar 2008 15:55:19 -0400

Spring is here. Yesterday officially marked the start of a new season. And it could not have come soon enough. I think we are all looking for a little relief from the struggles of winter. And we can all be thankful that it is Friday once again. But today is Good Friday, so some of you may already be enjoying the beginnings of a long weekend. If so, good for you. But I am here to remind everybody that every Friday is Good Friday, and this is why! TOP FIVE REASONS FRIDAYS ARE GOOD (I WOULD SAY GREAT BUT THAT DEFEATS THE PURPOSE OF THIS THEME) 1. Tomorrow is Saturday. Call me Captain Obvious, but this is a big plus in my head. Knowing that the next day I can sleep in and wake up to do whatever it is that I want to get done is an incredible feeling. And although some of us work on Saturdays, it's never a bad time for a weekend. 2. The Ride Home. Whether you drive, walk, run, train, or bus to and from work, the commute home on Friday has got to be amazing. It is like the weight of the world is lifted off your shoulders for the next 48 hours. You can relax and unwind, mentally preparing yourself for the great weekend that lies ahead. 3. Paychecks. Though the pay schedule varies depending on where you work, I think it is safe to say that Friday is Pay Day. It's the day when all of that hard work finally gets rewarded, and the bank account gets a well deserved boost. Now you can pay off those bills, go out to a nice dinner, or just save up from something a little bigger down the road. 4. Casual Dress. Now this may not go for everyone out there, but who can ignore the classic Casual Friday dress code on a discussion of Friday perks. Depending on where you work, who you work for, and what your schedule is like, maybe you can get away with jeans, or at least get out of that suit today. It makes everything that much easier to deal with. 5. The Friday Five. Last but not least, how can I leave off the best part about every single Friday, at least for the past 23 weeks. The Friday Five, keeping your work week exciting now for 6 months, has to make the list. And I hope you continue to enjoy it for another 6 months and beyond. Happy Friday, Happy Easter, Happy March Madness…catch ya next week!

Amnesty Update with Immigration Expert Philip Kleiner

Tue, 18 Mar 2008 14:55:21 -0400

Being that this is an election year, of course immigration is going to be a hot topic of discussion. The different candidates all have something to say on the subject of immigration, and it is hard to tell what is going to happen when the next President takes office. According to some reports, there are as many as 20 million immigrants living in the US illegally right now. That will have to be addressed in some way, whether it is allowing those who are already here to stay and closing down our borders, or enforcing stricter deportation policies. Recently, we asked Phil Kleiner, our resident expert on immigration laws, to talk about the issue. He discussed the many possible scenarios that might play out in the next year or so with regards to this problem. Below, you can find a short video clip from the discussion. Phil Kleiner is a Lawline.com faculty member, specializing in immigration. His most recent CLE program, Permanent Residency and Employment Based Immigration, can be found in our course catalog.

MICLE's Bridge-the-Gap Weekend

Mon, 17 Mar 2008 14:59:43 -0400

In New York, as in many other states, newly admitted attorneys who need to satisfy their CLE credits must do so in person. So Online CLE providers like Lawline.com are not able to provide this “Transitional” Continuing Legal Education. Luckily, there are some great programs out there designed specifically for these new attorneys. One such program is the Bridge the Gap Weekend, presented by New York Law School and the Marino Institute of CLE. This April 5th and 6th, newly admitted attorneys can fulfill all of their initial CLE credit requirements in one weekend. The program, which takes place at New York Law School, offers a very cost effective and simple way to complete all of these transitional credits. The courses that will be included in the weekend will focus primarily on basic skills, knowledge, and techniques needed to be a successful practitioner. The Bridge-the-Gap Weekend Program for April will meet from 9:00 am - 6:00 pm at New York Law School, 47 Worth Street, Building A300, New York City. Tickets to the event are limited and are sure to sell fast, so register today. You can do so by visiting www.micle.net.

Friday Five: St. Patrick's Day Weekend

Fri, 14 Mar 2008 13:14:50 -0400

March means a number of different things to a number of different people. For accountants, it means a lot of work. For basketball enthusiasts, it means the greatest three weeks of the year. And for the Irish, it means holiday festivities. And this weekend into Monday, we can all be Irish. This very special Friday Five is all about St. Patrick's Day. TOP 5 REASONS TO TAKE MONDAY OFF 1. Parades. Many towns and cities will be having parades on Monday. A parade is always a good time and a great way to keep your mind off of work on your day off. Take the wife, the girlfriend, or the kids and enjoy the festivities. 2. Guinness. Taking the day off for St. Patrick's Day means plenty of time to enjoy a quality Irish beer. Guinness makes a strong campaign every year, including millions of promotions at bars and around major cities. They keep track of all the beer they sell every St. Patrick's Day and continue to set records year after year. They are one of a group of companies trying to get St. Patrick's Day recognized as a federal holiday. Good for them. 3. Wear Green. Since many of us would be ridiculed, suspended, or fired for breaking the company dress code, and you know you want to wear green more than anything else in the world on Monday, do it somewhere other than work. It's that easy. But if you do go in, may I suggest a green suit. 4. It's Monday. Even if it wasn't St. Patrick's Day, why not take advantage of a long weekend. It's starting to get warmer as Spring approaches. Take the day off and enjoy something outdoors instead of spending the entire day in the office. 5. Catch Up on CLE. We are in the middle of yet another month where many of you have CLE deadlines. It may be your birthday coming up, the month you were admitted, or even the late filing deadline. Whatever the reason that you need to complete CLE, why not take the holiday off to fulfill all your requirements quickly and easily. Do all of your CLE right from your home computer with online CLE. So even if you aren't Irish, you can enjoy this weekend with those of us who are. Because luck is on your side. Happy St. Patrick's Day!

Thursday Attorney Malpractice Update 3/13/08

Thu, 13 Mar 2008 13:16:59 -0400

NEW JERSEY TRAP NJ has some traps for the unwary in legal malpractice, and this case showcases several of them. In CELESTE GUIA PINTO, v.MCGOVERN, PROVOST & COLRICK, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION DOCKET NO. A-3186-06T53186-06T5 we see the Puder rule on settlements, the rule on certificates of merit, and an application of the Sheridan v. Sheridan rule on reporting fraud. Points of interest: mother, an immigrant, accumulates a significant estate, including 5 properties. She wants to reward son, and asks him to get an attorney to draw up a will which will give him some of the funds and part of some of the properties. She signs what eventually turns out to be deeds making them joint owners of all the properties. SPECIALISTS and GENERALISTS Attorneys are generalists, no attorneys are specialists, no they can handle anything? The profession is of two minds on this question. Any attorney, duly admitted, etc. may offer opinion evidence on the behavior of another attorney, and any attorney might simply step up to the counsel table and give an appearance. Once that happens, the trial is on. However, it's quite obvious that experience is not only nice, it's a necessity. Here is an article about defending the DUI case. Somewhat long, and a little argumentative, it makes a very good point. Is the person writing this article more likely to obtain a solid professional result, or will the friendly generalist do better for the criminal defendant? "Almost every attorney is at one time or another confronted with a client, friend, or family member charged with drunk driving. Because accused drunk drivers are immediately charged with a crime, drunk-driving cases represent the single largest category of criminal infractions of all reported cases, with about 200,000 more cases processed each year than all theft and larceny offenses combined. Even attorneys who do not generally handle criminal matters are routinely asked how an accused person should proceed in a drunk-driving case. In the 1960s, driving under the influence of alcohol was considered a minor offense, leading to modest fines; in the 1990s, it is considered the most serious misdemeanor offense. In several states, repeat offenders are considered felons." DROPPING THE “F” BOMB AT A DEPOSITION Depositions in New York used to be a variant of the Wild West rodeo. Bucking broncos, trying to stay up on the horse, pick your metaphor. New attorneys soon learned the usual tricks, "I'll take that under advisement", "I direct the witness not to answer" and all that. With Administrative orders things have changed here. Ever have a really really bad deposition experience? A gross example of bad deposition behavior is found here Of interest is the fact that attorney Ziccardi is being sanctioned along with his client. We won't repeat the vulgarities here, but read the entire story for a look at a bad situation. "A federal judge has levied sanctions of more than $29,000 on a lawyer and his client after finding that a deposition was a "spectacular failure" because of the client's constant use of vulgar language and insults and dodging or refusing to answer questions, and his lawyer's failure to rein him in. In his 44-page opinion in GMAC Bank v. HTFC Corp., U.S. District Judge Eduardo C. Robreno found that Aaron Wider, the CEO of HTFC, engaged in "hostile, uncivil, and vulgar conduct, which persisted throughout the nearly 12 hours of deposition testimony." Robreno noted that Wider used the "F word" or variations of it 73 times during the deposition and that the video shows that his lawyer, Joseph R. Ziccardi of Chicago, at one point "snickered" at his client's conduct. "In the final section of the opinion, Robreno explained why Ziccardi, too, must be sanctioned for Wider's misconduct. "Throughout the deposition, notwithstanding the severe and repeated nature of Wider's misconduct, Ziccardi persistently failed to intercede and correct Wider's violations of the Federal Rules," Robreno wrote. "Instead, Ziccardi sat idly by as a mere spectator to Wider's abusive, obstructive, and evasive behavior; and when he did speak, he either incorrectly directed the witness not to answer, dared opposing counsel to file a motion to compel, or even joined in Wider's offensive conduct," Robreno wrote. In a footnote, Robreno said the video showed Ziccardi "chuckling at Wider's abusive behavior" and Bodzin's comment that "'your snickering counsel is not appropriate either, because all you're doing is encouraging the behavior of your client.'" In court papers, Ziccardi argued that he believed he had tried to curb his client's behavior, but that most of his efforts to do so occurred off the record. "

Internet Research: A Lawyer's New Best Friend

Wed, 12 Mar 2008 13:58:38 -0400

Though many industries have found ways to use the internet to make their jobs easier and more efficient, some industries are slower to change. The law, for example, is a profession where you will find a lot of people stuck in their ways, unwilling to respond to new technologies available. However, with the vast amount of information systems out there, it is time that lawyers learn how to make the best use of the internet to help themselves out. A company called Internet for Lawyers, based in California, has been trying to reach out to attorneys and show them how to accomplish a lot of what they have to do online. After realizing that there was a great opportunity for research to be done on the internet, they saw a need from someone to teach these lawyers how to get the information the needed to have. And so the continuing education company was founded with that goal in mind, to teach lawyers how to make best use of the internet. Nowadays, with so much of our lives being moved online, it is about time that every industry learn to make best use of the internet and other technologies offered to them. There are entire areas of the law focused on internet based activity and conduct, and with every new technology offered, those laws continue to adapt and expand. Lawyers need to become familiar with everyday use of the internet both at work and at home. Research is only a start. Who knows what will come next…virtual trials?

Are You Living up to the Promises your Marketing Campaigns Make?

Tue, 11 Mar 2008 16:25:06 -0400

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.

Friday Five: Avoiding the Recession Blues

Fri, 07 Mar 2008 21:57:55 -0500

It's March. Already I can hear the talk of March Madness down the road. Meanwhile, the country is encountering a little of its own version of March Madness with the state of the economy. Everywhere you look you are bombarded with messages of doom and gloom. And today the new job report came out for February, with data that fully supports recession concerns. But do not panic, because when people panic, that is when the real problems begin. Luckily, we have a Friday Five full of advice to help you avoid the media craze. Enjoy. TOP 5 WAYS TO AVOID THE RECESSION PANIC 1. Turn off your TV. Recently it seems that every single channel on TV worth watching has news shows and updates. You cannot watch the news without negative economic reports, and since you cannot watch TV without watching the news, avoid it altogether. The only TV allowed will be movies, or anything pre-recorded without the commercial breaks. 2. Turn off your radio. See #1. The only radio allowed are satellite stations with non-stop music and no commercial breaks, which permit brief news updates that you do not want, or need, to hear. 3. Turn off your computer. I would say just stay off of your internet browser on this one but I know most of us will check our email constantly. Not even your email is safe from news updates these days. And the news media is the enemy here. 4. Work Hard. This suggestion comes from two different angles. The harder you work, the less you will be able to think about anything else, especially the terrible state of the economy around you. In addition, it will help you avoid becoming a statistic on next month's job report. 5. Keep Smiling. If you are going to buy into the media frenzy that is being stirred up, keep a smile on your face so you do not spread it around. Panic is like a disease, a very contagious one at that. So keep smiling and you won't get those around you as depressed as you are. So there it is, take it or leave it. Remember this, recessions are temporary, and the media is greedy. Enjoy your weekend!

Ethical Issues in the Roger Clemens Investigation

Wed, 05 Mar 2008 20:08:07 -0500

The Roger Clemens steroid issue is one that is on the minds of people all over the country. The only thing that is getting more coverage in the media these days are the primaries, so both baseball fans and non-fans alike are constantly bombarded with the latest information regarding his investigation. One side that you rarely see is that of Clemens lawyers. What are they going through? What are their responsibilities to Roger Clemens? What are their responsibilities to the law? Recently, we filmed a new CLE course based on the Clemens investigation entitled, “Ethical Issues with Roger Clemens and other High Profile Clients.” The course covers what the lawyers can and should do when presented with a client who wants to fight a very public, career damaging charge. Speakers Joel Cohen, Gerald Shargel, Carol Zeigler, and Ivan Fisher cover the entire spectrum of the Roger Clemens matter in order to further explain the professional responsibilities of the criminal defense attorneys. Below, please find a short clip from the presentation. Watch for the course, “Ethical Issues with Roger Clemens and other High Profile Clients”, which is coming soon to the Lawline.com course catalog.

So You are Going to Trial? What to Expect with Justin Blitz

Tue, 04 Mar 2008 16:29:45 -0500

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.

Public Relations for Lawyers: It's All About Perception

Mon, 03 Mar 2008 20:02:40 -0500

We all know how important it is for lawyers to get their names out to the public as much as possible. Perceptions, after all, are everything. More and more, public relations is the number one avenue taken by attorneys looking to do more business development. There is a certain credibility firms can gain when quoted in the press or featured at events. And for many attorneys, the idea of public relations is still a relative mystery. This is partly due to their legal backgrounds, and also partly due to the fact that PR itself is a drastically evolving field. That is where a public relations firm or coach can come in handy. Just as your clients leave the legal stuff up to you, you can leave your public relations up to the professionals. There are many firms out there designed to work especially with lawyers and law firms to help them increase their media presence. One such company in the New York area is The Sun Communication Group, who works primarily with small to mid-size law firms. Boutique firms such as The Sun Communication Group can help lawyers do everything from getting published, speaking at conferences, and other activities that publicize lawyers in newer and fresher ways. One of the major benefits of working with a specialized PR company is that they already have all the right contacts and necessary information. You can rely on them to get the job done rather than hire and train someone yourself, wasting a lot of your time and resources. The general old-school way of thinking for lawyers is that you can sit back and wait for the business to come to you no longer holds true. With more options out there today, it is vital for attorneys, especially those at smaller firms, to go out and approach potential clients in a number of different ways. Public relations and the legal industry are slowly growing together and firms like The Sun Communications Group are paving the way for attorneys to grow their business through visibility and reputation.

Friday Five: February 29th Leap Day Special

Fri, 29 Feb 2008 22:14:11 -0500

Happy Leap Day everyone! It's the one day every four years that begs the question, “Why isn't it March yet?” Don't worry all of you March fans out there, your day will come tomorrow. But for now, why not sit back and enjoy the extra 24 hours that you just got added to your year. TOP FIVE REASON LAWYERS SHOULD LEAP 1. It's Friday. Since you are reading the Friday Five, you already know that it is Friday, but you can still celebrate. Another grueling week behind you, it's time to enjoy a few days off. 2. $$ Billable Hour $$. Sure, the price of a gallon of gas will soon be $4, but the hourly rate for attorneys is rising at an ever faster rate. With $1000/hr guys walking the streets, you can rest assured that you are well worth the money. 3. Your Job. With the state of the economy where it is, you are lucky to be comfortably employed. Either your firm sees your value or you are a solo practitioner still able to find and keep clients. However, if in fact you have been laid off, skip to #4. 4. Your Free Time. For those of you that have lost your job, you can take solace in the fact that more firms are laying people off now than ever before. Now you have some free time to evaluate where you are at. Maybe there is something you would rather be doing? Maybe you want to start your own practice? 5. Cheap, Easy Online CLE. I'd be lying if this fifth one wasn't a little selfish, but why not leap for CLE? A bad economy means your time is very valuable. So now, you don't have to worry about fitting in big, expensive CLE conferences and seminars. It's all right at your computer anytime you need. Whatever your reason, take this added day to enjoy yourself. After all, it's not every year you get this kind of time, only every four.

Lawline.com is now an Accredited Online CLE Provider in Pennsylvania

Thu, 28 Feb 2008 17:48:03 -0500

As of February 28, 2008, all Pennsylvania attorneys can take Online Continuing Legal Education with Lawline.com. As an accredited provider, all of Lawline.com's courses are approved for CLE credit in the state. According to the Pennsylvania CLE requirements, attorneys may only complete 4 of their 12 mandatory credits online each year, including one hour of ethics. According to Pennsylvania mandatory CLE rules, lawyers must complete 12 hours of approved CLE programs every year. One of those hours must be in the subject of legal ethics. The reporting deadlines for the state vary depending on the first letter of the attorney's last name, either April 30th, August 31st, or December 31st. Lawline.com features three different one-click bundles for the state of Pennsylvania. Each of them contains 4 credits, including 1 hour of ethics. The price of these bundles is $125, which is 25% off the full price of those courses. Please follow the following link to view the Pennsylvania CLE Bundles. If a one-click bundle is not what you are looking for, Pennsylvania lawyers have the option of choosing any courses in our growing course catalog. Lawline.com's management team remains committed to providing the highest quality Online Continuing Legal Education experience in the country. Pennsylvania marks the 36th state in which Lawline.com is recognized as an Online CLE provider.

New CLE Program on Employment Law from Schwartz & Perry

Wed, 27 Feb 2008 22:03:29 -0500

The area of Employment Law is as important an area of the law as any, and it is one that continues to grow and gain importance every day. One of the more prominent law firms around focusing solely on Employment Law is Schwartz & Perry LLP. Recently, we were lucky enough to be joined by three attorneys from Schwartz & Perry LLP, Murray Schwartz, Brian Heller, and Matthew Schatz. Murray Schwartz, who has received a lot of positive feedback for his CLE programs on Lawline.com in the past, is back again with an interesting new style. This program was filmed as a roundtable discussion covering everything from how to handle a client to trying a case. It is a must see for anyone practicing in employment law, and a very interesting course for any attorney. Below, please find a brief clip, in which Murray Schwartz explains a little of the planning that went into this program. He introduces his colleagues and discusses the main purpose behind presenting this material. And keep a look out for their course, which will be hosted exclusively on Lawline.com in the near future.

Guns on College Campuses: Pending and Passed Legislation

Tue, 26 Feb 2008 20:09:01 -0500

Is it me or has everyone in the world gone mad? Okay, so that may be a little over-dramatic but there is one issue in the news right now that really shocks me. I saw the headline, “Utah Students Hide Guns, Head to Class” on CNN.com and decided to investigate. Apparently, Utah has passed legislation that allows students and teachers at public universities to carry concealed weapons on campus. This, in the wake of the second major school shooting incident in a year. At first, I thought to myself, “Wow, people from Utah are a little different”. Then, after some further investigation, I saw that one other state (Colorado) has passed the same legislation, and it is pending legislation in about ten other states. What is going on here? Is it really a good idea to allow students to equip themselves with guns to prevent a shooting spree? Before, if you saw a kid on campus with a gun, you know there is something wrong. That kid needs to be stopped immediately before he harms anyone. Now, we are trying to make it perfectly legal for everyone to carry a gun around. Basically, if you are 21 and have a permit, fair game. I would love to know what law makers are thinking, or were thinking, when they came up with this legislation. Am I the only one who thinks a college campus should be gun-free?

The Lawline.com Oscars of Continuing Legal Education

Mon, 25 Feb 2008 15:53:42 -0500

Here at Lawline.com, we feel that Lawyers who give CLE presentations should get the kind of recognition that they deserve. So, in honor of awards season, we are presenting the first ever Lawline.com CLE awards. All CLE courses filmed in 2007 were eligible and the winners were decided based on user feedback. Click on the link following each winner to view that course page. Here they are: Best Costume Design (Self-Explanatory): Legal Issues Relating to the Purchase and Sale of Art, Malcolm Taub (View) Best Supporting Actress (Female CLE Speaker in as part of a Pair): Amy Greenfield, Strategies for Litigation Communications (View) Best Supporting Actor (Male CLE Speaker in as part of a Pair): Michael Ross, Ethics: Should Lawyers be Constrained by the Truth? (View) Best Actor (Male CLE Speaker): Herald Price Fahringer, Strategies for Delivering Opening Statements (View) Best Actress (Female CLE Speaker): Olivera Medenica, Basics of Operating an Online Business (View) Best Screenplay (Written Materials): Michael Grossman, The Laws Governing Religion and Religious Corporations (View) Best Picture (Overall Program Quality): Ethics: Should Lawyers be Constrained by the Truth, Joel Cohen with Michael Ross and James Bernard (View) Congratulations to all of this year's winners and participants, we look forward to seeing the great courses still to come.

Friday Five: Increase Your Online Exposure

Fri, 22 Feb 2008 16:22:05 -0500

The internet is a quickly becoming the main focus of advertising and marketing for every industry, including the law. There is no substitute for online exposure, as many professionals are learning the hard way. You have to stay one step ahead of your colleagues if you are going to attract more potential clients your way. At Lawline.com, we have worked with numerous attorneys to help them build their “internet brand recognition”. The goal is to get your name out there as many places as possible to begin to develop your own online network. Here are some tips. TOP FIVE WAYS TO INCREASE YOUR ONLINE EXPOSURE 1. Write Articles. One of the best ways to associate your name with a particular topic or area of expertise is to write about it. Attorneys are always trying to get published, and the internet makes it easier than ever. There are hundreds of websites out there that will take article submission from people in their network. Most of them are free to join. Submit your articles for people to read and your name will begin to gain exposure. 2. Join Networks and Directories. Martindale-Hubbell, FindLaw, Lexis Nexis, and the Lawline.com Featured Attorney Directory are just a few of the popular attorney directories online. There are many more like them and it is important to have yourself listed in as many as possible. You may have to spend some money on a subscription fee but the value is well worth the cost. These directories are well known and visited often. 3. Write a Blog. Blogs are a great way to get your name and ideas out into the online world. They are easy to start with many websites offering free blog hosting and templates. The only trick is you have to commit some time to stick with it. Add to it often, write about interesting news and trends that apply to your practice area, and people will read it. It is a great way to boost your search engine visibility. 4. Update Your Website. Websites today have begun to move away from the traditional one page information source, where all you see is a picture, an attorney bio, and a contact number. Many attorneys are starting to add more to their website to make it engaging and interactive. People visiting the site want to be interested. You have to stand out from the crowd to truly make a name for yourself online. 5. Continuing Legal Education Programs. CLE is moving online, and it is becoming much more of a marketing tool than ever before. If you speak on a topic that directly relates to your practice area, others will see it and hear about it. At Lawline.com, our faculty members gain immediate online exposure related to their Continuing Legal Education course. These courses are displayed online and show up in search engines. They are a great source of personal networking and referrals. These are only a few of the ways attorneys can begin to market themselves on the internet. The best thing about the world of online marketing, you can be as creative as you want. The goal is to have your name associated with your individual area of expertise anywhere someone might look.

Thursday Attorney Malpractice Update 2/21/08

Thu, 21 Feb 2008 14:41:51 -0500

CASES THIS WEEK IN LEGAL MALPRACTICE Fred W. Nelson, etc., respondent, v Stanley Kalathara, defendant, Claude Simpson, appellant. (Index No. 3167/07) 2006-09551 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 1313 February 13, 2008, Decided Here, plaintiff is the guardian of an incapacitated seller of real property, and defendants were the attorneys for purchaser. Purchase funds went astray, going to incapacitated sellers former guardian [and a relative.] Seller's Guardian unsuccessfully sued purchaser's attorneys with whom he had no privity, and was unable to convince the court that there was fraud, or independent malicious acts necessary to bring an action against purchaser's attorneys. Plaintiff may not sue opponent's attorneys, or attorneys who were not acting for plaintiff in the absence of independent fraud or malicious acts. Tsvi Dallal, respondent, v Kantrowitz, Goldhamer & Graifman, P.C., appellant. (Index No. 99/2003) 2007-06135 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 1295 February 13, 2008, Decided Defendant attorney waited too long to bring a motion for summary judgment, which had to be brought within 60 days. Court cites two Court of Appeals cases on issue, Miceli and Brill. SECOND CIRCUIT LEGAL MALPRACTICE CASES THIS MONTH CELEBRITY CRUISES INC., and FANTASIA CRUISING INC., Plaintiffs, - against - ESSEF CORP., PAC-FAB, INC., and STRUCTURAL EUROPE N.V. (f/n/a SFC), Defendants. 96 Civ. 3135 (JCF) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2008 U.S. Dist. LEXIS 568 January 4, 2008, Decided This is a cruise line injury action. “After passengers sued plaintiff cruise line for injuries from an illness suffered while on a trip, the cruise line sued defendant manufacturer, which had designed, manufactured, and distributed the water filter in the whirlpool spa where the illness originated. After two damages trials, which resulted in an award of $ 15 million lost profits award for the cruise line, the parties filed various motions regarding damages.” “This case has been litigated in installments. Having agreed to proceed before me for all purposes pursuant to 28 U.S.C. § 636(c), the parties stipulated to determination of all liability issues--those arising out of Celebrity's claims as well as those related to the passengers' claims--in a single bellwether trial. That trial took place in May 2000. The jury returned a verdict in favor of the passenger plaintiffs and against both Celebrity and Essef. The jury also found in favor of Celebrity on its claims against Essef, and a damages trial based [*4] on that determination was conducted in the spring of 2006. When the jury in the 2006 damages trial returned a verdict in favor of Celebrity for approximately $ 190 million, Essef moved for judgment as a matter of law or, in the alternative, for a new trial. I granted that motion in part, awarding judgment to Essef on one category of damage claims and ordering the retrial of another. Celebrity Cruises Inc. v. Essef Corp., 478 F. Supp. 2d 440 (S.D.N.Y. 2007) ("Celebrity IV"). A second trial on damages was held in June 2007, and this time the jury found Essef liable to Celebrity for approximately $ 15 million in lost profits. “Second, Celebrity points out that in a legal malpractice action brought by Essef against its former counsel, Squire, Sanders and Dempsey LLP, Essef has argued [*21] that it was injured by the firm's failure to seek a jury determination of comparative fault with respect to Celebrity's claims against Essef. This, according to Celebrity, estops Essef from contending that it did not waive the right to avail itself of principles of comparative negligence. (Celebrity Memo. at 10). But nothing prevents Essef from pleading in the alternative by, as in this instance, asserting a contingent or hypothetical claim: if Essef is found to have waived comparative negligence, only then does it have a malpractice claim arising out of that failure. See Lawser v. Poudre School District R-1, 171 F. Supp. 2d 1155, 1158 (D. Colo. 2001) (finding that HN3 contingent claim is permissible hypothetical pleading). The predicate pled for that contingent claim, however, does not operate as a binding admission. See Henry v. Daytop Village, Inc., 42 F.3d 89, 95-96 (2d Cir. 1994); Ascher v. Target Corp., No. 05-CV-4826, 522 F. Supp. 2d 452, 2007 U.S. Dist. LEXIS 84015, 2007 WL 3287441, at *5 (E.D.N.Y. Oct. 16, 2007).” CITAK & CITAK et al., Plaintiffs, -against- THE ST. PAUL TRAVELERS COS., INC., Defendant. 07 Civ. 5459 (WHP) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2007 U.S. Dist. LEXIS 94040 December 26, 2007, Decided This is a diversity jurisdiction case in which the law firm has asked for a declaratory judgment that it is covered by a subject legal malpractice insurance policy.. The Citak Firm “claims that St. Paul's refused to provide counsel and indemnify them for a malpractice claim tiled against them on November 3, 2006 in New York State Supreme Court (New York County) by Stuart and Carina Marton (the "Marton Action"). The Martons allege that the Citaks' legal malpractice damaged them in their pursuit of an arbitration award against a contractor. (Harwood Decl. Ex. C: Complaint, Marton v. Citak & Citak, No. 116472-06 (N.Y. Sup. Ct. Nov. 3, 2006.) The Martons seek "at least $ 60,000 in damages, with interest from November 29, 2000, together with plaintiffs' costs and disbursements in [the] action." (Harwood Decl. Ex. C at 9.) After an arbitrator awarded the Martons $ 62,367.32 against their contractor, the Citaks moved [*3] to dismiss the Marton Action arguing that, having won the arbitration, the Martons could not demonstrate that the Citaks' alleged malpractice had caused them any harm. On October 11, 2007, the New York State Supreme Court denied the Citaks' motion to dismiss because (1) "but for defendants' negligence, [the Martons] would have procured a judgment against [the contractor] while that entity had assets sufficient to satisfy the judgment;" and (2) the arbitrator denied the Martons' request for $ 36,632.11 in pre-judgment interest, finding that the Citaks, and not the contractor, were responsible for the nearly seven year delay in bringing the arbitration. (Decision and Order, Marton v. Citak & Citak, No. 116472-06 (N.Y. Sup. Ct. Oct. 11, 2007) at 4.)” For more information please visit Andrew Bluestone's Attorney Malpractice Blog.

Minnesota Prosecutor Chooses Not to Take CLE: Pays Small Price

Wed, 20 Feb 2008 15:49:41 -0500

It's not every day that Continuing Legal Education, CLE, makes the news. So when it does, it makes sense to write about it. By now, many of you probably heard the story about a prominent Minnesota prosecutor who was found in violation of the state's CLE requirements over a 20 year span. The penalty: $900 and a two year probation. Now, I can understand an attorney might not like taking CLE courses, or might not see the value in some of the CLE programs that are out there. However, this is a blatant disregard for the rules and should have been met with a heftier punishment. The $900 fine amounts to only $45 for each year of non-compliance, a value far lower than the average attorney spends on CLE each year. I think the real issue here is not necessarily the CLE, although that is what drives the problem, but the fact that the attorney was practicing when he should not have been. Perhaps his ability and skill as a lawyer was not affected by a lack of CLE compliance, but the point is that an attorney has an ethical responsibility to his clients to comply with all rules and regulations. And if that is too difficult, or too much of a hassle, something is wrong.

5 Steps to Starting Your Own Practice

Wed, 20 Feb 2008 15:49:23 -0500

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:

Friday Five: Lawyers as Presidents

Fri, 15 Feb 2008 15:19:45 -0500

On the Friday leading into Presidents' Day Weekend, it only seems fitting to think about the oval office. Who's been there, who's going to be there next year, and what you are going to be doing on Monday instead of coming into work. And, as lawyers, it is important to note that of the 43 leaders this nation has had to date, 25 of them have been lawyers. This is a staggering number, one that does not go unnoticed. There are many reasons that a lawyer would make a good president, but only five that made our list below. Enjoy! TOP 5 REASONS LAWYERS MAKE GOOD PRESIDENTS 1. Good Negotiators. Negotiation plays a key role in many aspects of a President's responsibilities. You have to be able to negotiate with lawmakers to pass certain bills, as well as deal with other world leaders to work out deals and international laws. Negotiation is a give and take where both sides end up happy with the result, and lawyers have a lot of experience in this type of interaction. 2. Confident Speakers. Lawyers have to be able to convey their thoughts clearly in front of a group of people. They have to sound knowledgeable and accurate at all times. This is important in a President because a good speaker can have a calming effect on the country. In addition, the speeches that a President makes can have a lasting effect on the nation's policies and affairs so it is vital to send the right message at all times. 3. Knowledge of the Law. This one is pretty obvious, as lawyers of course you will have a strong knowledge of the law, especially the area you practice. When a President has a knowledge of the law it adds to his ability to govern. Key areas such as constitutional law, international laws, and business and corporate law will play a huge role in policy decisions of any president. And we have seen what happens when a president takes action with no regard for the law whatsoever. 4. Problem Solving. Lawyers have the ability to see a problem from a number of different angles. As a trial attorney, it is key to learn all the facts of a case and choose the best course of action in order to win a case. As president, it is important to gather all the necessary information about every decision that needs to be made and choose based on the greater good of the people. Presidents need to be able to see all the possible solutions and outcomes, and then choose the best option. 5. Bullsh*t Ability. Let's face it, the President will get into a tough spot from time to time. They all have. Most of the time it cannot be avoided, especially because of the constant media bombardment. It is important for a President to think and act on the fly in order to keep the nation's confidence and support through the tougher times. In the end, who's to say what really makes a good president. Law has definitely proved to be a good launching point for a Presidential Nominee. 25 men have made it from the law office to the oval office, and we may see yet another one do it this year.

Sean Carter: America's Funniest Lawyer

Thu, 14 Feb 2008 16:39:54 -0500

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.

Mandatory Continuing Legal Education Crossing International Borders

Wed, 13 Feb 2008 17:02:33 -0500

Mainly because of the technology available in the world today, mandatory CLE requirements are now being considered and put in place in Canada. Citing new online CLE technologies, members of the Canadian National Law Society said that it was now easier and more cost efficient for attorneys in Canada to complete CLE courses. For that reason, it is more practical to impose requirements on those attorneys now than it ever was before. In British Columbia, they just recently set new guidelines establishing a 12 credit requirement each year. The British Columbia Law Society says that Online CLE and other distance learning options eliminate the need to travel or allot a substantial amount of time to Continuing Legal Education courses. Now attorneys can take the necessary courses from their home or office computer. Soon, we will start to see other provinces impose such standards as the practice of CLE becomes required nationwide. In the US, we are very close to a nationwide CLE requirement, as it is now mandatory in 42 of 50 states. The trend will only continue as legal governing bodies can see the benefits of mandatory CLE among attorneys everywhere.

Today South Korea, Tomorrow the World

Tue, 12 Feb 2008 21:56:23 -0500

I read an article today boasting that South Korea held its first “trial by jury” today as part of a larger overall judiciary reform. This means, that in a country where trials were heard and decided by a judge alone, are now heard by a jury and decided by a judge. At first, like most other people who read the article I am sure, I was very content with the direction the country is moving. I thought to myself, that's the first step, now keep it up. But that got me thinking. As an American, am I so biased to our judicial system that I think every other country should operate the same way. Who am I to say what type of judicial system would work the best in any country? Is a trial by jury any more fair or just than a trial heard and decided by a lone judge? In my mind, I think it very American of each and every one of us to assume we know the solution to everyone's problems. We like to think that we do things the right way and that everyone else had better do it our way or else they are doomed to fail. But for once, I think this topic could get the conversation started on whether or not we really know what we are doing at all. I am interested to hear back from all attorneys, judges, and civilians alike to see what types of thoughts people have on this subject. More to come…

Proposed Bill to Restrict Online Sex Offenders

Mon, 11 Feb 2008 20:54:25 -0500

Sex offenders are pursuing potential victims online. This is an ever growing issue that many social networking sites such as Facebook and MySpace face on a daily basis. And now government action is being taken for the first time. NY Attorney General Andrew Cuomo announced last week that he and legislative leaders have agreed on a bill restricting activities of New York's registered sex offenders to their use of the internet to attract potential victims. How will this be accomplished? By putting it the hands of the sex offenders! According to the bill, registered offenders would be required to report all email addresses, instant-messaging screen names and social networking monikers to the state Division of Criminal Justice Services. In addition, the statute appears to be silent as to penalties for sex offenders who fail to report their information. Now while I agree that something needs to be done on this issue, should we really trust the offenders to be completely honest in giving up their information? How is this to be monitored? That is like asking anyone who commits a crime to let us know when and where they plan to commit the next one beforehand. It would be great if it worked, but who is that stupid? Listen, registered sex offenders obviously have a problem, and I don't think asking them to help us stop them is the right answer.