... This is done for convenience so you don't have to micromanage and can actually spend time practicing law or being away from the office. But the legal profession is a different animal as you are entrusted with another person's monies. Yet, that ... your reputation can put you out of business with a loss of reputation and quite possibly a loss of your license to practice law. Not worth it. The Rules of Professional Conduct cover your obligations to client funds. Even the slightest irregularity in your ...
October 12, 2008 10:00 am
... -Moss Warranty Act, the Illinois Consumer Fraud Act and other state claims. In defense, the defendants argued that our client was not a "consumer" within the meaning of federal law; this claim was flatly denied by the Court, which found no allegations in the Complaint to support it. On the Illinois Consumer Fraud Act issues, the Court also identified several alleged facts suggesting that Monaco Coach may well have known of the problems ...
October 12, 2008 08:20 am
... at it. Better result? Maybe, and only if the arbitrator is not afraid to apply the law, and not wimp out and merely "split the baby". The "WAF"--Wimpy (or Wanker, ... to hear and decide your dispute. In ADR, those panelists are everything. GCs and their law firms should spend time, money and brainpower selecting them. Raphael's "The ... your firm's best case development you are stuck with really bad facts and/or bad law--and you can't get back to a court with a jury--consider identifying wimps/wankers ...
October 12, 2008 07:21 am

Florida Law Increases Punishment for Sneaking Cellphones

(Jacksonville Criminal Attorney Blog)
As of October 1, 2008, it is a third degree felony to smuggle a cellphone into Florida's prisons. If convicted, you could receive up to 5 years in prison and a $5000.00 fine. The Florida law also prohibits possession of beepers, radios, or PDA's. The Florida Department of Corrections is training dogs to detect cellphones in the inmates' cells. Prison officials believe an inmate having a cell phone will lead to escape plans being formed, drug deals being planned, and harassment of victims. ...
October 12, 2008 06:53 am

Stone and the capitalist roaders

(Houston's Clear Thinkers)
Don't miss Larry Ribstein's post on Oliver Stone's financing philosophy in regard to his new movie about George W. Bush -- W -- the trailer of which is below:
October 12, 2008 06:01 am

Lawdable Quotes: Oliver Wendell Holmes

(Fastcase Legal Research Blog)
This is a court of law, young man, not a court of justice.~Oliver Wendell Holmes
October 12, 2008 05:48 am
... the following motion to enjoin Mr. Kozlowski from transferring his assets: 1) Main Document, 11 pages 2) Memorandum of Law, 16 pages 3) Exhibit (Affidavit) Declaration of Matthew R.A. Heiman, 6 pages 4) Exhibit A to Declaration of ... 10) Proposed Order for Preliminary Injunction, 2 pages 11) Proposed Order Temporary Restraining Order, 2 pages As its memorandum of law indicates, Tyco is seeking injunctive relief because it is a creditor with a $325 million dollar claim against Mr. Kozlowski. Tyco's ...
October 12, 2008 05:00 am
Massachusetts family court awards visitation to Father. Mother and children move to New Hampshire. Father picks up kids in New Hampshire for visitation - but doesn't return them. Massachusetts court says it can do nothing. Father allegedly absconded with children to Brazil, ... so many other parents in this situation, in the final analysis, there doesn't seem to be much she can do, except wait and hope. Read more in this New Hampshire Seacoast article: Support grows for mother of 2 missing girls.
October 12, 2008 04:48 am

How Do I Pick an Attorney?

(Florida Criminal Law Blog)
... have the responsibility of having your loved one's future life and liberty in their hands. You want someone who you can communicate with easily, who doesn't talk over your head, who listens extremely well. Most attorneys are not trained to be good listeners. Law school doesn't teach lawyers how to listen; if fact quite the opposite: it teaches people how to be adversarial. Being adversarial is not necessarily, in my opinion, what wins cases or what your loved one may need in an attorney. The ...
October 12, 2008 04:41 am
The so-called "Troopergate report" concerning Governor Palin is 263 pages and is available here.Download troopergate.pdf Interestingly, the first line of the report says it is a bi-partisan report. It is based upon interviews conduct of 19 witnesses. The report notes...
October 12, 2008 04:07 am
I thought listeners would like to know that Hearsay Culture was listed as one of 10 podcasts that are "essential for legal professionals" in an October 10, 2008 article by Robert J. Ambrogi of Law Technology News entitled "Ten Legal Podcasts to Keep You Informed." I'm thrilled that the show is getting attention and has a growing audience. Thanks for listening and supporting the show!
October 12, 2008 04:02 am

The Week Ahead

(SCOTUSblog)
... admitted by the defendant. On Wednesday, the Court will hear argument in: Waddington v. Sarausad (07-772), on whether, during habeas review, federal courts must accept state court determinations that jury instructions correctly explain state law regarding accomplice liability; and Hedgpeth v. Pulido (07-544), on whether, during habeas review, federal courts may determine erroneous jury instructions on which the jury may have relied to constitute structural error requiring reversal. On Friday, ...
October 12, 2008 04:00 am
Texas has now enacted a very controversial law requiring foreign nationals to get a different type of drivers license than that used for U.S. citizens. The license will have a vertical, rather than horizontal, orientation, so it will be instantly recognizable by anyone who sees it - including potential landlords or employers. The licenses will also be stamped with the words "temporary visitor" and will list the date the legal residency expires. The Department of Public Safety is instructed not ...
October 12, 2008 03:49 am
"BALCO sentence could be good news for Bonds": Today in The San Francisco Chronicle, Lance Williams has an article that begins, "In a rebuff to the prosecutors targeting Barry Bonds, a federal judge refused Friday to imprison a former bicycle racer for lying to the grand jury that investigated the BALCO scandal." And The New York Times reports today that "Cyclist Avoids Prison Time, Which May Benefit Bonds."
October 12, 2008 03:48 am

Credit Crisis Hits NYC Teams

(SportsBiz - The Business of Sports Illuminated)
... to crumble and sponsorship and advertising dollars to disappear in a wisp of smoke and government takeovers. The crisis probably hits New York City the hardest as it is home to so many of the American financial institutions and five teams in the major ... ,000 to $850,000. The Jets and the Giants are in the middle of the process of selling personal seat licenses for their new stadium being constructed at the Meadowlands. So far, the Giants have not had any cancellations, just requests for cheaper ...
October 12, 2008 03:46 am
"The Navy, Whales and the Court": The New York Times contains this editorial today.
October 12, 2008 03:44 am
"U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System": Adam Liptak will have this article Sunday in The New York Times.
October 12, 2008 03:37 am
... Colin Jackson hits a brick wall when he and others talk to New Zealand ministers about the new copyright act. Former Pink Floyd Manager: End the P2P ... Chinese administrative region is considering blocking sites under the country's obscenity laws. Key US Senators Warn Bush Administration On ACTA The Judiciary committee is displeased ... Firewall Jimmy Wales meets with China's censorship body. Echo in the Dark The New Yorker looks at censorship in Russia. Does Web Censorship Affect International Trade ...
October 12, 2008 03:34 am
... Of Gay Marriage Case" and "Catholic Bishops Urge 'Yes' Vote On Constitutional Convention." Today's edition of The New Haven Register contains articles headlined "In controversial ruling, state supreme court says gay marriage ban is unconstitutional ... Globe reports that "Conn. ruling allows same-sex marriage; Activists rejoice following sharply divided opinion." The New York Times reports that "Gay Marriage Is Ruled Legal in Connecticut." The newspaper also contains an editorial entitled "Separate ...
October 12, 2008 03:33 am
ProtectMarriage.com has posted the story of the San Francisco 1rst Grade class taken to City Hall to observe the new order, which will be repealed if Prop 8 passes.
October 12, 2008 02:56 am
 
 
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