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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 verybold 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.
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.
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!
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 Posted: March 17th, 2008 By: Zach Heller Category: Career Corner, CLE Programming, Law School, The News Beat
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.
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!
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. "
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?
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.
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!
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.
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.
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.
