That'll Show 'Em

Posted by wlansden | Filed under ,
By James Bowden

Ever been mad at someone? Perhaps someone doesn’t value your services, or tries to stiff you on your bills for services rendered? Don’t get mad – get even. Sue them for …[doing my best Dr. Evil impersonation] … 38 Quadrillion Dollars.

You heard me right. Just to give you an idea of how much money we are talking about, written out that is $38,000,000,000,000,000.00. Total world circulation is about $24 trillion, or by my math 1/1,583th of the claimed damages. As a bonus, the article manages to state the obvious without a hint of irony: “If [the defendant] loses the lawsuit and [plaintiff] is awarded $38 quadrillion, or perhaps 204 times that amount, [the defendant] said he is not sure how he will pay it.”

I’m just going to let the article do the talking on this one, with the one comment that the claims the plaintiff is making are epic, even in the wacky context of pro se representation (Really? Punitive damages of 204^3 times actual damages for breach of contract? On what planet?).

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Good Idea - Bad Idea: Destroying Evidence and Destroying Law Firm Documents

Posted by wlansden | Filed under
Good Idea: keeping careful records of your billable time and detailed information about your clients.

Bad Idea: destroying those same records in a bathroom of the courthouse during a civil suit brought by your former law firm employer, when those same records might have probative and evidentiary value.

This is one of those good idea/bad idea posts I feel is too obvious to write about. Regardless, it seems that some attorney out there could have used this information a while ago.

A lawyer in Ohio was recently suspended for one year for, among other things, destroying law firm documents in a courthouse bathroom while court was in recess from a civil suit claiming a violation of his employment agreement with the law firm.

The lawyer was apparently thinking about jumping ship from his law firm. He was in job talks with two other law firms. The lawyer supposedly removed boxes of documents from his law firm containing information about his firm's clients and the clients' billings.

The ABA Journal has the story and the opinion issued by the Ohio Supreme Court.

Some of the justices wanted to impose a stiffer penalty. 

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Jim, You Need to Have a Back-up!

Posted by wlansden | Filed under , ,
By Eileen Burkhalter Smith 

So, we had a firm business meeting recently, with part of the meetings beginning first thing Saturday morning.  I am not a morning person, but I did crack a smile as I glanced around the still-empty parking lot that Saturday--most of the other early-birds were my fellow-litigators.  We were present, accounted-for and settled into our seats before the meetings started.  I think we all, at least, know the absolute importance of being on time.  I, for one, have been penalized  (somewhat significantly, in my experience) by a Judge for being late to Court.

Fantastic golfer Jim Furyk was just disqualified in the FedEx Cup playoffs for missing his tee time.  His cell-phone alarm didn’t work, and he did not have another alarm.  If only he had known what trial attorneys do—you can never have too many alarms, wake-up calls and reminders.  Mistakes can still happen, of course, (Caveat: don’t trust Elaine Benes and Jerry Seinfeld as your back-up): but unlike a small monetary fine, or missing the start time for a marathon, Mr. Furyk’s mistake will be smarting for some time, I suspect.

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iPad Useful for Document Review

Posted by wlansden | Filed under , ,
By Brian Malcom

When the iPad was first released, syncing documents was cumbersome.  The user was required to place documents on the device using wi-fi transfers.  Now, you can use the sync cable included with the iPad to transfer documents from your computer directly to your iPad.  This allows for faster and more reliable transfers.  This is especially important with large documents, such as PDFs or PDF packages for document review.

After the tweak to the document transfer mechanisms for the iPad, the iPad has become a useful tool for reviewing large document productions.  In order to perform the document reviews, I recommend using GoodReader, an app available in the Apple app store.  This app, working in conjunction with iTunes, allows you to use your data sync cable to transfer large PDFs directly to the iPad.  You can password protect access to the GoodReader files for added security.  It also retains your place in reviewing a large PDF document, should you have to exit the app for any reason.  Another useful tool available in GoodReader is the ability to place and label bookmarks when reviewing a PDF.  This allows you to quickly flip through a large PDF file and flag documents of interest to your case.  You can display one page at a time if you are in portrait mode, or you can display two pages side-by-side if you were in landscape mode.  With the two pages side by side in landscape mode, you can quickly flip through large documents and then, by simply orienting the iPad into portrait mode, you can zoom in to a page that looks to be of interest.

One drawback I see with reviewing the documents on the iPad is the inability to print directly from the iPad.  You must use the bookmark feature or simply hand write the Bates number or PDF page number and print the pages later when you are at a PC.  This adds a frustrating little step in the process, but the convenience of being able to carry tens of thousands of pages in a lightweight electronic device with a fantastic user experience may outweigh this inconvenience.

Happy document reviewing.

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Lawyers USA Quotes Brian Malcom on Google Voice

Posted by wlansden | Filed under ,

Brian Malcom, a YLB Editorial Board member, was recently quoted in a Lawyers USA article discussing Google Voice for lawyers on the go.  Click here to read the article. 

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The Bar Exam: It's Not So Bad

Posted by wlansden | Filed under , ,
By Brian Malcom

It's bar exam season.  Many of our readers are either beginning the bar exam this week, dreading their bar exam next year, remembering what it was like to take the bar exam last year, or simply trying to forget the whole experience.  I am going to tell you why you appreciate the bar exam and the lessons it offers.

Aside from the vast amount of knowledge you will cram into that head of yours right before the exam, the bar exam does teach some important lessons to soon-to-be (if all goes well) young lawyers.  It teaches you that sometimes there is more than one right answer, and you're going to be paid to find the best answer.  The bar exam teaches you that you can take on difficult tasks and conquer them.  It teaches you the value of discipline.  It teaches you that some will do just enough to get by; but they get to be called lawyers, too.  You will have to do something to set yourself apart from the pack.  The bar exam teaches you the importance of sleep and diet to the process of long-term memory encoding.  Finally, the bar exam teaches you the perseverance while you prepare and patience while you wait for your results.

Another reason you should and will be grateful for the bar exam is because it acts as a barrier to those who half-heartedly want to practice law.  This keeps the supply of lawyers down -- as much as possible -- which (economics reference ahead) keeps the demand for those with a law license inflated.  This makes your effort, degree, and law license more valuable in the employment market.

So, if you are preparing to take your bar exam this week.  Good luck.  Stay rested, stay relaxed, and stay ready.  The hardest part -- the hours and hours of studying -- is behind you.  It's time to flex the mental muscle.  Once you've crossed the finish line, rest easy knowing that the finish line looks like a brick wall to a lot of individuals thinking about going into law.

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Old Dogs Learn New Tricks

Posted by wlansden | Filed under , , ,

The Cane Corso recently received official recognition from the American Kennel Club.  Effective June 30, 2010, the breed became eligible to participate in AKC-sponsored competitions, generally considered the most prestigious in the industry.  Instantly, a dog breed that existed in relative obscurity in Italy for hundreds of years and that was nearly extinct until the 1980s, was endowed with bona fides that have the potential to take the breed’s profile, value, and desirability to another level.  Interestingly, the breed’s name roughly translates as “guard dog,” with “cane” meaning “dog” in Italian, and “corso” indicating “guide,” “guard,” or “protector.”

Appropriate enough transition into the point of this post:  Appreciate your mentors.  If you’re fortunate enough to work closely with an experienced attorney who is well-respected by both peers and clients, who endorses and employs high practice standards, who can staff you on the kinds of matters that you find interesting and challenging, and who still is willing to invest the time in guiding and protecting you through those inevitable early missteps, then take full advantage.  Even if you’re a sole practitioner who won’t be supervised directly by such an attorney, you can observe and learn from those who have built the kind of practice and reputation to which you aspire.  When it comes time for potential clients to check your bona fides, you want it to be obvious that you were guided by attorneys who helped you take your experience, reliability, and discretion to the next level.

As you work with mentors to lay the foundations for your own career, keep an eye on the Cane Corso.  In receiving recognition from the AKC, the breed took its first step toward a title run at the Westminster Kennel Club Annual Dog Show.  The 135th Show is in February 2011.

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Don't Get Caught Offside

Posted by wlansden | Filed under , ,

Given the uproar following the “offside” calls against Team USA at the 2010 World Cup, now is as good a time as any to warn young associates against an analogous infraction in law practice.

First, a wholly inadequate primer of the offside rule under FIFA Law 11: An offside offense occurs only when two conditions exist—1) the player is in an “offside position,” and 2) the player is “involved in play.”  Thus, an offside offense can occur, for example, when a player posts up near the opponent’s goal, waiting for the ball to come to him, and then tries to take what he might think will be an easy and perhaps game-winning shot.  (For those concerned with technical accuracy, check out FIFA’s animated tutorial)  But because of the speed at which the game progresses, conditions giving rise to an offense also can catch otherwise attentive players off guard.

Warning to young lawyers:  Do your part to make sure you don’t get hit with an offside offense by partners, clients, opposing counsel, or a judge.  As in soccer, an offense can occur before you know it if you lose sight of where you should be in advancing a matter, get used to waiting for others to tell you your next move, or believe that you can always take last-minute steps to make up for early inaction or carelessness.  Lest you think otherwise from Landon Donovan’s recent TV appearances , you’ll likely get little sympathy for drawing an offside offense, even if the call was made in error.

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Associate Life No Match for Golden Lasso

Posted by wlansden | Filed under , ,

Three months ago, I had no idea how the details would play out when I returned to the full-time practice of law.  As my maternity leave drew to a close, it was inevitable that I’d soon be knee-deep in digests instead of diapers for most of the day.  For me, it wasn’t so much a question of “work-life balance” as it was about shifting my mindset back into “battle” mode.  Would my new-found “mommy instincts” prevail over the litigation skills that I’d been cultivating for the last several years?  Say, if I found myself engaged in largely one-way babble with a fussy deponent, would I be tempted to burp him to see if that gave him any relief?  Although there were such uncertainties, I had no doubt that I could conquer them.

You see, by the end of my maternity leave, I saw myself as something of a Wonder Woman.  I considered it an amazing feat that I’d kept a helpless, defenseless, totally dependent human being alive for more than 2,100 nonbillable hours.  And she was not merely “alive”; she was thriving.  I’d warded off life-threatening injuries.  I’d even become so organized and disciplined that I could anticipate when hunger would strike and have a bottle on standby before she could hardly belt out a cry.  Given all that I’d accomplished in such a short span of time, it was appropriate that the World would honor me in May with a day dedicated to celebrating my achievements as a Mother.

So it was with all the confidence of a Superhero that I returned to work.  I dared (in my mind) plaintiffs’ attorneys to stand up against my discovery requests.  I laughed at the notion that any assignment was too challenging.  I chuckled at the pile of unread e-mail and magazines that I had allowed to stack up in my pre-motherhood days as a Procrastinator.  The Alter-Ego was in town, and she…meant…business.  Because, like any self-respecting superhero, I had endured a life-changing event that motivated me to be better, faster, and stronger.  In my life as a full-time attorney, that translated into my being more efficient, productive, and organized so that I could get back to what really mattered—my daughter.

We all read stories about how challenging it is to balance work with raising a family.  Those challenges are real and should be recognized.  But in what ways has being a parent, new or experienced, enhanced your working life?

And speaking of Wonder Woman, the real deal got a makeover earlier this week.  Check out her new look here.  Anybody know where I can get that jacket?

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Google Voice Open to the Masses

Posted by wlansden | Filed under , ,

By Brian Malcom

Last year, we told you about Google Voice.  The service allows users to forward calls from one Google Voice number to multiple, already-existing numbers.  For instance, you can have contacts call your Google Voice number, and then forward those calls to ring your desk, your home, and your mobile telephone.  Google Voice also offers some pretty cool extras, like transcribed voicemails and free long distance.

Though the service was once invite only, it is now open to all who wish to join.  If you are a solo practitioner or work for a small firm, this service may offer some assistance in managing your communications and keeping long distance costs down.  Learn more about it here.

Note: Some readers expressed some concerns regarding confidentiality and ethics because of Google's targeted advertising.  To date and to the best of our knowledge, no court or state has examined the issue.

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