The Legal News

A person found a cell phone that had been lost by a man. Not sure what to do they gave it to police. Police decided to give finding the owner a shot.

The opened the phone and theres a picture of the owner standing in a field of marijuana. The picture was used  as the phones screensaver.

Police called the phones owner who panicked and confessed. He was made to surrender the drugs and the cell phone.

Today I got some personal information from an dear friend who went from a very prosperous private practice to being a judge several years back.   This judge told me, other than his retirement funds and accounts, he now has only $20,000 in his savings.  Good thing he doesn’t have kids in college anymore. The says that only the poorly paid government lawyers, the really rich, or someone with a greatly compensated spouse can actually afford to be a judge. Without proper compensation, good people will pass on becoming judges, people who would otherwise be assets to their communities and such. People who might change things for the better. But why take such a drastic pay cut. Most people don’t go into law to be broke.

An attorney who comes back to a trial 20 minutes late from a recess does not  generate not effective counsel.

The criminal, a smuggler of cigarettes, argued his attorney was not present during a important stage of the trial, which added up to ineffective assistance in breach of the Sixth Amendment. He claims the lawyer was missing for 20 minutes, although it was not written in the trial record.

The attorney said in an affidavit he did confuse the judges saying that he should return by a quarter of 2. And returned at 2:15 instead.
The Federal court ruled that it is unprofessional and rude to not be on time, but definitely not against the constitution.

The country’s best law firms raised tech spending by 16 percent annaully, with a large focus on internet tools to raise productivity and client service.

Firms answering to an Am Law 200 poll spent a median of nearly $33,000 per lawyer in technology operating expenses in 2007, as  opposed to about $17,000 per attorney in 2006.

Many outfits are employing more online collaboration tools, which allow clients and lawyers to talk on a private Web site. Seventy-seven percent said such tools raise work output  and 75 percent said they offer higher standards.

Fenwick & West got deep into technology early on.

I bet the big wigs who scoff the eldery residents in their nursing homes arent smiling now!

Many coporate executives and others figure that the seniors in their homes wont ever get a settlement of any substantial size due to age or preexistiong condition. enter the  case of an 81 year old man who was savagely beaten by the vioelent and mentally ill roommate he was assigned by nursing home staff.

In a few weeks the victim recovered, but he never recovered mentally and emotionally. He became a shell of his former self.  He was never the same. He died 3 years after the beating.

His family members brougth the suit against the nursing home. They descrive him as vibrant, and someone who enjoyed his family and friends to soemone who became withdrawn, apathetic, and frightened.

The family states that the home knew the other man was unstabe and violent, and he should have been discharged, but discharging that viloent man would mean less money for them. SO he was kept in the facility.

The defense attempted to downplay the injuries but medical records don’t lie. 150 million was in punitive damages alone.

A look at the ethics of product recalls.

It is illegal to keep time with music via tapping of feet, or nodding your head, etc, in any public establishment.

You may not sell the clothing upon your person to rectify gambling debts.

It is illegal to check into a hotel under an assumed name.

Its unlawful to pick up seaweed off a beach.

TITLE XVIII

FISH AND GAME

CHAPTER 207

GENERAL PROVISIONS AS TO FISH AND GAME

Collecting Seaweed

Section 207:48

In Night. ? If any person shall carry away or collect for the purpose of carrying away any seaweed or rockweed from the seashore below high-water mark, between daylight in the evening and daylight in the morning, he shall be guilty of a violation.

Source. 1973, 532:10, eff. Nov. 1, 1973.

Cattle crossing state raods must have a bag or similar device to catch their fecal matter.

It is illegal to operate machinery on Sundays.

It is illegal to eliminate waste from your body one a Sunday while looking skyward.

You may not get intoxicated, have a picnic, enter the grounds at night, or enter alone if under age 10: this is in regards to cemeteries.

Anyone caught cleaning or beautify parks or faorests will be fines 150 dollars for “maintaining a park without a permit”.

The parents of a child killed in a car collision were awarded money damages by a Montana Court. The defective car seat at issue was made and sold by Evenflo. The Plaintiffs case showed proof that Evenflo was aware the car seat had a issue in its design that might lead to the belt hooks snapping; however, they still made the choice to put in on the store shelves. The total jury award is roughly $10 million , several million dollars in punitive damages to punish and hopefully correct the conduct of Evenflo.

Reducing personal liability in a business environment.

Congress is being asked to authorize, create, and fund a nationwide database that will store oll positive drug tests, and DUI encounters. The American Trucking Association wants to see a  centralization of these records and for the records of these to be released to any interested employer in an effort to keep abusers from behind the wheel of large and potentially dangerous vehicles.

The ATA has noted that with just 2% of the nationwide commercial drivers testing positive for drugs,  the number of drivers affected by drugs is roughly 68000. A positive test during any portion of the employement process would be added to the databse and that applaicant would have that permanent mark on his record, likely barring him from any commercial driving job.