Q&A: What can I do if I am caught driving without a license again?

welding-mask-gloves-438700-h.jpgQuestion: What can I do if I am caught driving without a license again?  I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Answer: Okay hotshot let’s get real here. What you say doesn't make sense: there is no charge of felony driving while suspended, so I'm guessing there is more going on than you've alluded to. Otherwise, the answer to your question will depend upon the reason you don't have a license in the first place. Are you suspended or barred? Why are you suspended or barred? What happened the prior times you were arrested? What else is in your criminal history? Are you on probation or parole? Depending upon the answers to those questions you could be looking at a very minimal fine or as much as prison, and additional license suspensions.

And one more thing, stop making excuses for criminal behavior. You said, "Took a chance to get back and work." What does that mean? I suspect the devil is in the details behind that statement. Where were you driving to? Huh? Cat got your tongue? The judges aren't stupid, you think the prosecutor is going to be played that easily? You didn't say you were heading to work so throwing that tidbit in won't get you to first base.

The fact is you just struck out. 

FIFTY WAYS TO FIND LEGAL WORK AND EARN A LIVING AS A PRACTICING LAWYER

shoot-yourself-in-the-foot1.jpg

What is the Participation Trophy Syndrome? It's the development of bad character brought about through telling children they are winners, just for showing up. Only losers will accept a participation trophy, winners want to win one.

We have way too many lawyers out of work with not enough open positions to hire them all. If you're one of the unemployed lawyers you must be asking, how can you get a law related job or how can you get back to work? Let's explore that issue today.

Just keep in mind that you were born in the USA... and whining isn't allowed; being tough is though.

First I'm going to say, stop ya whining and griping about law schools and how they defrauded you and promised you the moon if you would only pay them $150,000. Let's face it no one twisted your arm to apply to law school. You did it voluntarily. What you are finding out is what we all figured out shortly after leaving law school. That if they paid us what we were worth they would get free labor. My first job was in Waterloo, Iowa. It paid me $17,500 per year in salary, no overtime, no benefits and one weeks paid vacation. When I asked Jim Hellman what hours I was supposed to work he said, "You're expected to work as long as it takes you to get your work done." Fair enough... My student loans were $470 per month, I had three rug rats running around and one on the way. I had no clients, no resources but I was hungry and woke up the same way every morning - I was afraid to be poor. But what I did have was a bar card, knowledge, skills to research and write with an ability to argue a point. And so do you, so stop griping about no one handing you a participation trophy and get busy learning how to be a practicing lawyer. 
Get used to it, in real life no one is handing out participation trophies. As one elderly woman once said to me, "There's nothing wrong with this younger generation that a good depression wouldn't cure." 
So stop the whining and get busy; your first job is to get busy learning how to be a practicing lawyer and learning skills that will make you a lawyer and a valuable one. After all, let's face it you have near zero skills, no clients, no experience and at this point a bad attitude. So leave the attitude behind and let's get busy mending fences so you become presentable.
Constant bitching about how your law school can't find you a job is like the guy shown in the picture; what law firm wants to hire someone who is working to alienate the rest of the bar?

HERE ARE WAY MORE THAN FIFTY WAYS TO EARN A LIVING AS AN UNEMPLOYED AND INEXPERIENCE LAWYER

1. Start your own firm.
2. Volunteer at a firm to get your foot in the door.
3. Work, even if you have to volunteer, at Legal Aid to gain experience, learn how to try a case, how to win, how to deal with clients and get to meet other lawyers in the courtroom and out.
4. Read about someone's case, research the issues and send it to the first chair lawyer.
5. Volunteer to assist a County District Judge with research to get yourself into a courtroom, make a friend in the court system who can then sell you, your skills and your determination to be a lawyer. Show some guts and determination.

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Facebook user accused of arson

This is hard to fathom. You get de-friended from by your BFF on FB that leads to the Des Moines Police investigating the motive for criminal activity. Keep in mind no one has admitted to anything and no criminal activity has been proven. But still this is interesting to see where the practice of law is going and how the virtual world is impacting the court system.

Social networking spat ends in arson charges for woman, Des Moines Register

Kardashian-Humphries' big question isn't about the $2m engagement ring; but about how you choose to live your life.

DSC00276.JPGA walk down the aisle is not an investment decision.

As a lawyer I’m supposed to want big legal battles where lawyers make a big pay day. But there are some cases where level heads can save the parties not just money, but a whole lot of emotional turmoil. The Kardashian-Humphries engagement ring fight is one of those cases. I’ve written several blogs on this subject (see below) and they are read quite often. Iowa had such a case but the most famous case involved a Bush and a Chinese tycoon.

“Not every case is like Gerald Tsai vs. Sharon Bush involving an 11-carat canary-diamond ring worth an estimated $243,040. In Iowa we have no-fault divorce and so going-hand-in-hand is no-fault engagements.” 

Kris Humphries might ask: Must Kim Kardashian give back the diamond ring? (That assumes he paid for it to begin with; did he? I have no idea.) Kim’s legion of lawyers may have already researched the issue. But who knows the answer, because TV's reality has nothing to do with real life. 

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The Cow Jumped Over The Moon

cow.jpgMy office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa.  The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help. 

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

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Iowa Film Scandal Net Reaches California

Domenico-Fetti_Archimedes_1620 Wiki.jpgAnother film director stands accused surrounding Iowa’s film tax-credit program. See the linked article below.

It’s all going to come down to whether Wheeler, the former film chief, approved the expenditures and if he did, should those benefiting have believing the approval to be reasonable and legal under the law. What’s gone on with Iowa’s film credit tax program has been an eye opener for the state as well as a black eye. What should have been a good thing for the state has turned into a mess.

Barbara and I just returned from Beaufort, South Carolina where The Big Chill was filmed. (See Internet Movie Database)Having a blockbuster or classic film shot in a community can add to the culture and mystic. But doing it the way we did has to send a message to stay away.

California man charged with theft in film scandal, Des Moines Register, Lee Rood reporting, October 26, 2011. 

Why I Took A Break From Blogging and Why I'm Back

As a personal injury lawyer it’s my business to worry about girls with ponytails.

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I took a break from blogging, but I think I’m back. Then again who knows, but here is why I took a break from blogging.

I’ve been blogging for four or five years. Frankly I can’t recall because how long I’ve been writing is meaningless as to whether what I write is worth reading. I write how I feel and think about law and what I do for a living as a personal injury lawyer. Blogging on the LexBlog site is more therapeutic than anything else. So what happened that made me stop writing?

First and foremost you have to know I’m a personal injury attorney. Most people dislike us and what we do; they think we are greedy. I probably am because I hate being poor and my mother raised me to be a capitalist. But I won’t make any apology for what I do or how I do it because what I do is too important to stop. 

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Top Ten Reasons by Mountaineers For Not Giving Back the Engagement Ring

  1. I went trekking, the wind picked up and it’s still in my sleeping bag at 16,000 feet somewhere over China.
  2. I was suffering from hypoxia and lost it somewhere on the mountain while attempting to summit Mt. Everest.
  3. It fell into a squat toilet in Phakding, but I’m happy to tell you where to get another.
  4. Out of gratitude, I gave it to the Sherpa that saved my life.
  5. Out of necessity, I needed money for food in Kathmandu and sold it for 10,000 Rupees.
  6. Out of the kindness of your heart, I donated it to an orphanage in Tanzania, Africa.
  7. Just because they could, a Russian soldier took it from me while heading to Mt. Elbrus in Russia.
  8. Due to sovereign debt problems beyond my control, the Communist government in Argentina took it from me when entering the country as I headed to Aconcagua.
  9. Out of luck, I was living with the Maasai for a week while walking across Kenya and it went missing one night.
  10. Out of Africa - You’ll never believe what happened to me as I was on a walking safari between villages… I was outrunning a hippo when suddenly I fell, the ring came off and the rest is history. I can give you the GPS coordinates if you’d like.

Temple Monk.jpg

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After the break up why should I give back the engagement ring?

Everest101.jpgThis week I received another call about an engagement ring dispute. He bought the ring, spend nearly two thousand dollars for it, they broke up and she moved out of state. He’s been trying to get the ring returned, but she’s refusing. I’m guessing she’s enjoying making his life just a little bit miserable. As my mother is fond of saying, “Steve, misery loves company.” Yes Mom it does.

So what is this guy supposed to do about getting his ring returned? I told him to sue her in small claims court in Iowa and force to either come back or else obtain a judgment against her. If I were her I’d just hand it back to him because there will be a day in the future when she has another BF and this is going to come back to haunt her. It won’t look good and sends the wrong message. So why should she give the ring back? Here is a starting point.

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When Good Kids Go Bad - Iowa School District Settles Girls' Strip Search Case

Criminal Crime.jpgFor a measely $300,000 you can find out why you don’t strip search students over the alleged theft of $100. In this instance it all started over the alleged theft of $100; money that was not found. See School District Pays $300k Over Strip Searches, Atlantic, Iowa. These school administrators should stop watching Boston Legal’s Denny Crane and start watching ABC’s Modern Family.

Follow this link to the Modern Family website.

When Good Kids Go Bad

See also this link

While some school districts are hot on the trail of the wrong suspect others are ignoring, allegedly due to federal regulations, drunk bus drivers. 

See Another school bus drunk driver case on Tuesday's post. It's what you call "bus"sted.

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Oops Moment - Iowa store contest challenges employees to name next employee to be fired

Some days we look back at what we did and wonder why we didn't see how dumb it would look in retrospect. Here are a few recent examples.

An Iowa convenience store chain manager created a contest for employees. The employees were asked to name the next co-worker to be fired. An Iowa judge called the contest deplorable. This mis-manager may need a time out. There is no indication if anyone picked themselves. 

The imaginary-baby adoption lady is said to have violated probation and in trouble again.

The Iowa Supreme Court puts down its foot with police monitoring of attorney “confidential” visits with arrestees. Private and confidential means just that – private and confidential. You mean that video recorder and making the lawyer scream at his client through Plexiglas makes that impossible? See Barney Fife being told to go to jail, do not pass go, just go straight to jail.

Nip it in the bud Barney. Here is an actual scene from the Ankeny Police Department video interrogation. 

http://youtu.be/sL9TunUh_bw

If only they understood The Cobra method of interrogation. 

 

Trust me, I can't make this stuff up. My imagination doesn't work this well. 

Recent Iowa Cases of Interest

Smoke Blue Stream of Smoke.jpgWhat’s going on in Iowa courts? That depends on what you read and who you talk with. There are many different cases of interest from the Heartland. There is one I just couldn’t help but report about.

High speed chase in Urbandale following a Medicap Pharmacy burglary call. This reminds me of the case involving the burglar who stole the erectile dysfunction drugs. The APB was for a hardened criminal. Which brings us right on to our next criminal case, one for assault.

A better way to get men to ask you out than joining eHarmony, Match.com or any of the other dating sites. This method beats having a Facebook page although the FB page might enhance the publicity you get. Woman Accused Of Hitting Boyfriend Who Refused Sex

A Johnson County judge declared a mistrial in a first-degree murder trial involving a 19-year-old man allegedly shooting a landlord. Whether the prosecutorial misconduct reaches the level where it triggers double jeopardy will be later determined. The mistrial declaration followed the showing a video tape that included references to excluded evidence. Oops!

Big brother has a very fat finger. Traffic cameras capture one license plate but the fat fingered operator entered another and sent a ticket to the wrong person. Poor Sarah Sharpnack has a car with the license plate 972YOB and the video shows a white pickup truck with license plate 972YDB. Hmmmm…. Garbage in garbage out. 

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Sir, would you like a large fry with that lawsuit?

Mcdonalds.jpgThere are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.

A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

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Facebook News Feed and Distracted Driving - Posting from the morgue.

A_Scene_in_the_New_York_Morgue.jpgSomething is very wrong out there when there are so many wrong-way interstate driving events along with digitally distracted drivers. Is it distracted driving, or drunken drivers, or a combination of the two? I’m writing today because of what one younger client told me this week.

We were discussing texting while driving and I’ve now been informed that texting is dead, finished, gone by the wayside, done, fini, finished, passé’. Yes sir they no longer are texting. Now they Facebook while driving. Using Facebook’s news feed the drivers are looking at pictures, reading text and posting to their FB pages while they attempt to drive.

Texting is so yesterday.

Distracted driving and dumb drivers are a lethal combination. Here are today’s articles on wrong-way drivers. 

Please follow these directions to know how to post that you're on the way to the morgue

http://youtu.be/dES9_n7ou8w

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Where Sperm, Science and In Vitro meet the Social In$ecurity Act

test tube baby 4.jpgA Man Need Not Apply

A few years ago I wrote a post about the social security benefits case involving a child born by in-vitro fertilization following the father’s untimely death. Apparently the father died of cancer, but before dying they froze his sperm and after his death the mother of the child was inseminated, gave birth and thereafter filed with the Social Security Administration for dependent death benefits. The legal question involved whether the child was ever dependent on the father. The answer at this point in the litigation from the U.S. Court of Appeals is no.

Does In Vitro Fertilization Make Social Security Benefits The Simplest Investment, Lombardi, December 7, 2009

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Like Rome, when it comes to MMA Fighting, Iowa is a four-letter word

800px-The_Christian_Martyrs_Last_Prayer.jpgIowa's Version of MMA Tort-Reform Was A Recipe for Disaster 

“No thought was given to the human cost of unregulated MMA.”

That statement comes from “The Underground”, the MMA Warehouse in an article Sherdog wrote as Part II of Zach Kirk’s fight and his being paralyzed for life.

Here is the real disgrace.

In days, Kirk went bankrupt. The rest of Kirk’s medical care costs -- hundreds of thousands of dollars -- was paid for by the citizens of Iowa. 


This is what you get when farmers turn legislators and think they know law and can assess legal risk. Like lawyers trying to plant a straight row of crops, farmers’ legislating makes for a lousy result. Deciding what corn to plant isn't the same as analyzing the legal principles and making sensible public policy. No lawyer in his right mind would have voted to deregulate MMA fighting. Boxing I understand, MMA I do not get. It's nothing more than what Romans did with lions fighting slaves. What's attracting young men to the sport is the lack of regimented training and the promise of big money. Regulations and fighter protections are not just necessary for the fighters but also for the taxpayers who end up footing the bill when fighters through fighting become seriously, permanently and totally disabled. 

Like I said, I'm not planting corn any time soon. But put me on the Boxing Commission and I'll protect the Iowa tax dollars. 

Spectators sometimes became part of the Coliseum show -

Although the typical Coliseum of Rome combatants were trained gladiators, convicted criminals and prisoners of war, occasionally glory-seeking individuals volunteered to fight. Often they overrated their skills and suffered the consequences.

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What Would Carl Yastrzemski Have Done?

Go ask Sweet Caroline. She'll tell you that Yaz had more class than Jeter will ever have. 

Your Student Loans Could Have Been Paid Off In A New York Minute!

On July 13, 2011 I wrote about a young man from New York, a New York Yankee fan who after catching Jeter’s 3,000 hit homerun ball gave it back to Jeter. Since then I’ve thought more about this situation. Apparently Lopez was not married it was girlfriend who bought the tickets. But let’s assume for the sake of argument that the fan catching the ball was married and didn’t ask his wife for consent before going all lovey-dovey with the Yankees. Could the male fan without his wife’s consent, gift valuable property without the other spouse’s consent? I don’t believe he could and if it were a married fan Mr. Jeter would not, in my opinion, own the ball. I don’t practice law in New York, not even licensed to practice in New York so I offer no sound legal advice about New York law. But after 30 years of practicing I know the general principles of marital property law that apply and I’m doubtful a married fan could do what Christian Lopez seems to have done. Here is how to think about the underlying principles. 

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Baseball Memorabilia and the Options Contract

So you’re a baseball fan are you? Let’s say while attending the game you catch a really important baseball and let’s just say a lot of people will want to own that ball and are willing to pay a lot of money to own it. Let’s assume the market of sports enthusiasts would pony up $300,000 to own that ball you caught. What should you do with it?

From a legal standpoint a fan who is not wealthy should never just donate the ball to a wealthy overpaid professional baseball player who is worth millions and millions. While many might think the fan is a class act, the player is a classless act when he the multi-millionaire simply exchanges that ball for a few of lesser quality.

For you fans who lack any legal background how about the next ball that gets caught you think before you leap into the spotlight. Instead of just giving it away and more than likely making your wife wonder why she ever married you, how about you offer the millionaire professional ball player a right-of-first-refusal. 

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Should insider trading by elected officials be illegal?

Musical Man B&W.jpgMake Politicians Publicly Disclose their Stock Options within 24 hours of Purchase

Ask yourself this question: Was the financial crisis a gold rush for some?
If it was then why wouldn’t government officials choose to engineer economic fatigue into the American economy while buying options to short the market?

I’ve been wondering about a few things lately:

  • How do elected officials get so rich on the salaries they receive?
  • Is the debate before a bill is voted on engineered to cause delay while officials purchase stock options in companies that will benefit from public spending?
  • And lastly, how stupid do they think we really are?

Ask yourself: Is there a way people make money from a market downturn? If people can make money by shorting the market, then who does it and are any of them elected officials? Shouldn't we know if elected officials are shorting the market? And if they are, how can you do it to make millions right along with our elected officials? One way is to force elected officials to publicly disclose the purchase of all stock options.

Make Politicians Publicly Disclose their Stock Options within 24 hours of Purchase

Wall Street’s Shadow Market by CBS – A swap is nothing more than insurance, but they call it something other than insurance to avoid being regulated.

http://www.youtube.com/watch?v=0Y9A0C45KZI&feature=related

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Historical Suicide - Disgracing Your Family's Reputation by Opposing Gay Marriage

In 1996 I tried a defamation case on the theory it takes a lifetime to build a good reputation and only minutes to destroy it. That statement is as true today as it was then. If you do a search for “gay marriage” on the Iowa Edict you’ll find several blogs about the subject. I’m not gay; neither is my wife and so far none of my neighbors have admitted to being gay. My brothers aren’t gay, nor my mother or my sister. My father is dead and most of my aunts and uncles have stayed happily married for eons so it’s doubtful they are gay. I’ve got a cousin that I wonder about, but he’s not come out of the closet so I too say nothing. But a couple of a former wife’s siblings are openly gay, as are some people I call my friends and so this issue impacts people I know and love.

For most taxpayers we could care less about this issue; we care that they work hard and pay their fair share of taxes while avoiding fraud, robbery and murder. Some of my friends are homophobes and it’s interesting to listen to them use the Bible to try and support their homophobic ideas about creationism. Enjoying the thought that God has a humorous side I can only hope he makes their children gay. Wouldn’t that create a conundrum for them? Do I love my child or shall I be like Dick Cheney? So every night I pray that God will make their children openly gay and that Trickey Dick II one day pays for his sins.

Iowa’s gay marriage decision is from the Varner Court which resulted in three Iowa Supreme Court justices being given their walking papers and has Iowa’s political elite committing historical Hara-kiri aka Seppuku.  

http://www.youtube.com/watch?v=uS0VhvoGWVw

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Honesty and fairness have nothing to do with insurance defense - HONEST!

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

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Is it fair to expect children to strive to be perfect?

Welder welding.jpgThere’s nothing wrong with what losing teaches a child.

I was writing blogs for the week and came across Lynn Hill free climbing the Nose at El Capitan. It got me thinking and today we’ll cover the participation trophy syndrome. Having been a coach for ten or more years I learned to hate participation trophies. It's a piece of plastic given to losers to try and fool the player into believing somehow he’s still a winner. What guilty-minded parents don’t seem to get is that learning to win takes the development of a solid character and that takes learning what it feels like to be a loser. Winning, requires good character, developed by learning to hate to lose. Take away the losing and I’ll show you a very weak character – and I don’t care how talented they are as a player. Think of all those pro athletes with amazing talent and a terribly weak character. They’ve never developed the right character to be a good person. Take a kid with talent and put him/her on a losing team and you’ll quickly learn if your kid has leadership ability. There’s nothing wrong with what losing teaches a child. Just because your child loses doesn’t mean he or she will turn into a mass murder. Quite the opposite.

All of this translates into what is so wrong with America. We are a bunch of losers who have been told and have learned to fool ourselves into believing we are a bunch of winners just for showing up. We’ve all been handed participation trophies for so long we are starting to believe there is no end to how much debt and how many government workers our economy can withstand.

My college roommate who runs a titanium foundry in California sends me this article. His statement was that what is discussed in this article is what concerns him the most. Read the article because it’s worth the message; especially those who are raising children or who are grandparents with some input as to how children are raised.

Stephen Moore: We've Become a Nation of Takers, Not Makers - WSJ.com

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Wiccan America's Sexy Sarah see Romania from her kitchen?

Witchcraft.jpg

“All you need is ignorance and confidence and the success is sure.” Mark Twain

On November 30, 2010 I wrote Will Iowa Voters Next Bring Back the Witchcraft Act of 1542? Little did I know how out in front of this issue I was?

Bucharest, Romania - Romanians have changed labor laws to officially recognize witchcraft as a profession. Oh Sarah Palin would be so happy; finally she could have a real job.

TARROT CARDS – SPELL KITS – WANDS – JEWELRY – RITUAL TOOLS – CANDLES - INSENSE

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Do you have $0.18 to help create 200,000 American jobs?

Made in America Salvatore Vuono . FreeDigitalPhotos.net.jpgDavid Muir from ABC World News with Diane Sawyer has a new series on Made in America. This is the best series that can start the conversation about how we can take the largest consumer economy in the world, America, and refocus our attention on keeping America working. I've seen in the last ten years. Someone is actually getting it. If just 1% of what you spend on consumer goods we would create 200,000 new American jobs. That's $0.18 cents a day and you can create 200,000 new American jobs.

Made in America by ABC - Let's just get on base by buying one USA product today ... it's a start. Just one, today and then one a week.

I use a baseball analogy to explain this concept. When I played Little League I was very small and never hit a homerun; yet I had one of the best batting averages in the league. That’s because with every swing of the bat my only intention was to get on base. All those singles add up. And the same goes for our job market; spend a few cents here and there on American products and sooner or later all those cents add up to a million new jobs. It’s up to you and I to take care of America.

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The Apology Shield - Who came up with this idea?

I received a call from a reporter wanting to discuss the series I wrote on the medical apology shield. Like Participation Trophies the Apology Shield is society acting as if a lie is somehow the truth because enough people wish the lie were the truth. To prepare for the interview I read my old posts and once again I'm reminded of the Bush Era and its glorification of dishonest living coupled with its evil cousin greed. It makes me wonder aloud; who the brainless twit is that came up with the idea of the apology shield in professional negligence cases. They should be hung, drawn and quartered.

I do appreciate that good professionals make honest mistakes and that some professionals really are sorry for the hurt and inconvenience they have caused the client and patient. So trust me when I say I'm not picking on anyone.

When we talk about justice in America we're really talking about justice brought about by the people, not by judges who are tools of the establishment or prosecutors who are are equally tools of the establishment or the wardens or the police officers.
William Kunstler

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Judging in Iowa isn't a popularity contest.

Lawyer running to court.jpgAs officers of the court we lawyers are ethically constrained from openly criticizing the court. As a practical matter we just won’t criticize publicly because to do so risks angering those who rule for or against our clients. My opponents would love nothing better than for me to openly criticize the judges and justices. If I did my clients would soon  seek out another lawyer who was more constrained and less likely to anger the Court.

So when someone throws their hat in the ring to be considered for a judgeship another box is drawn around lawyer critics. Say anything along the lines like, this lawyer isn’t qualified to sit on the bench and you’re clients may suffer should that lawyer be selected to be a judge. You see there is a conundrum involved with lawyers being openly critical of candidates for the court. So if anyone is waiting for lawyer-critics to emerge with a scathing attack on the court or on any one candidate stop waiting; because it’s not going to happen.

SHOULD IOWANS ELECT JUDGES BY POPULAR VOTE?

Now consider elections for judges like they have in Wisconsin. Electing judges creates a whole slew of other problems. If you don’t contribute to a successful lawyer’s campaign for judicial election, you run the risk of viewing every adverse ruling with an eye of suspicion. Have your winning opponent be a large contributor to the judge’s campaign and you read every losing decision with a jaundiced eye. Before you stand in court before a sitting judge that is up for election, you want to first make a contribution to his/her campaign war chest. Don’t contribute and your wonder how it might affect the way the judge views your case. They will say it won't affect their impartiality, but human nature being what it is, how can it not?

Even if it has no effect it still leaves a hint of suspicion and if you do contribute it has the appearance of impropriety. Do you want to choose which lawyer to hire based on how much he/she contributed to the last campaign of a sitting judge? I'm getting a headache just thinking about it. At some point common sense has to meet practical magic and the Iowa voters should wake up and smell the coffee.

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This is Why Big Insurance Loves to Hate PI Lawyers

musical.jpgThe lawyers for plaintiffs' and  injured workers are still (barely) in business, because the defense lawyers and the insurance companies need us so they can continue to make huge profits by ripping off the public through 'promoting the float'. Without us there would be no need to have defense lawyers or so many insurance adjusters; and it's the defense lawyers and legions of adjusters who create the illusion there is a need to protect the insurance float from greedy people who get injured through no fault of their own. Most people believe this nonsense until it's them that is the injured one.

The float is the money they take in as premiums, then deposit it and invest it.

The float is the key to insurance companies making enormous profits and it alone accounts for the success of Berkshire Hathaway. With the float tucked neatly away, the insurance companies can act as hedge funds and investment banks; going about their business of reaping huge profits for the directors, officers and shareholders of the entirely successful major casualty insurance industry. You and I, the plaintiffs’ bar, are necessary window dressing that allows the accumulation of an enormous float for paying insurance exec bonues. Without us they lose any semblance of being legitimate. Without us the charade would be over and there would be no reason to accumulate the bloated float. So you see they need us; but also they need to create the allusion that it's us causing the public to need protection. And that's the reason why they cook statistics to exaggerate how many personal injury lawsuits there are.

It’s also why the insurance industry needs large jury awards. Large awards create another allusion. Talk about one verdict 100 times and people think there are 100 large verdicts. One large verdict is sweet and sour sauce to them. Because when one plaintiff is awarded millions in a medical malpractice case they are reminded why they love to hate us. The announcement of the one large verdict provides an enormous marketing incentive that scares billions of dollars in new premiums into the insurance coffers. And that’s really what the McDonald’s verdict smear campaign was all about. It was the perfect marketing incentive trigger, because it provided motivation to unsuspecting insurance suckers.

Really we all work for Geico, State Farm, Liberty Mutual, Allied, USAA, and all the other corporate float machinery that is ripping off the paying insureds.

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Iowa "Girl Wrestlers" is an Oxymoron - Iowa "Coed Wrestling" is a Media Event to Sell Ad Space.

IHSAA is Gable-izing GirlsThis is no place for high school girls, and yes they are girls.

Here at the Edict we’ve had a busy week. The news has been especially good food for thought. We have a double dipping Governor who thinks he’s exempt from political fallout, a 4-year-old who played adult rescuer and a high school athletic association that allowed the media to use a female wrestler in their attempts to play spoils sport for increasing ad sales. First let’s tackle the toughest one of the three, the female high school wrestler. My opinion on this is that there is no such thing as co-ed high school wrestling. Anyone that thinks high school wrestling should be coed needs some serious counseling and their medication adjusted. Do those who allowed this to happen not remember what high school was like?

Girl wrestling is nothing more than a media event that exposes young girls to injury and introduces distractions having nothing to do with the Hawkeye-Cyclone State Wrestling culture. It’s a distraction that high school boys need to ignore – go to the gym and if need be take a cold shower. If you’re a high school boy and your opponent is a girl, just get it over with as quickly as is humanly possible. My advice to Joel Northrup is simple; see your opponent as just that and no less than that. Leave the politics at home where it belongs, and away from the mat. You have only four short years to enjoy high school and with a record of 35-4 during the regular season you gave up too much. Next time – pin her in the first minute because she deserves to be pinned; don't walk away because of who your opponent is, and certainly not because she’s a girl. It now looks like you may have been afraid she could beat you. What if next year you draw another girl? Then what, you give up another chance at a title? Get a grip son your life is slipping away from you. Quitting is not Iowa wrestling. If the powers that be put a girl on the mat then you do what you do to any other opponent, beat them into submission. Period. You probably thought your actions would send a message to the adults running the show. Trust me on this one they already know of your sentiments. Beating your opponent in the first period with a pin would have sent a more cogent message.

All of you out there saying to yourselves that I'm being mean and shouldn't treat young girls like this is exactly the point. Wrestling is about meanness; it's about submission and soundly beating your opponent so the next time he faces you, he considers being redshirted until you graduate. You're right I am purposefully being mean, because that's what wrestling is about. Have you ever seen a wrestler hand his opponent a bouquet of flowers at the start of a match? Well maybe that's what Nothrup just did. My guess is his opponent was angered by his walking off. She should have been - she won that match by Participation Trophy.

For additional reading go to the Participation Trophy Syndrome?

PARTICIPATION TROPHY'S AREN'T ABOUT THE PLAYERS, THEY ARE ABOUT GUILTY MINDED PARENTS LOOKING FOR A QUICK FIX. NOW GOVERNMENT IS HANDING THEM OUT TO NONPARTICIPATING TAXPAYERS - WHAT'S NEXT?

I've spend quite a few days discussing what I call the Participation Trophy Syndrome. It is being made to feel like a winner when the team lost the game. Boiled down to its essence a participation trophy is really about stealing. The losing team is stealing the thunder from the team that put in the hard work and did win. As a former soccer coach I know that only losers want and will accept a participation trophy, winners want to win one. Handing out participation trophy's develops a malformed character where people expect to get paid just for showing up; rather than actually doing the hard work it takes to be a real winner and to earn that trophy. In this instance the longer you’ve been ducking the law and not paying your fines the less you will be required to pay. It pays to be good at being a criminal. The message is clear: The longer you act irresponsible, the bigger the trophy.

Iowa Wrestling Standout Refuses To Face Girl, AP. KCCI Introduction of Coed Wrestling.

The Iowa System – Attack Wrestling for 7 Minutes

When it comes to wrestling, girls aren’t just as good as guys. Think I’m wrong, then keep reading and watching these video clips; that is if you have what it takes to be a wrestler from Iowa.

 

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No heart, no soul and no damn conscience

musical.jpgI'd had one of those days; you probably can't understand because I've been doing this long enough that like Oreo I've had just about enough some days. Not with my clients mind you, but with the insurance adjusters who could care less about people and more about some stupid inane corporate policy, that  they get a bonus to blindly apply.

Thirty long years and you begin to despise these people who work in claim's departments in the insurance industry. They are vermon, dispicable morons  without a soul, a heart, a conscience or a heart.

Okay but I'm getting away from my main point which is that on this day I felt compelled to write this letter to the morons in California at Workmens. I've redacted the actual names but the rest is pretty much what I wrote.

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When is free speech expensive?

Match Head lit.jpgCrimes of hyperbole?

Why if you yell "Fire!" in a movie theatre is it a crime?

Spartanburg County, South Carolina - A 78-year-old vet was arrested and charged with making threats against the President after saying he’d like to kill the United States President, Barack Obama.

A shock jock and blogger was found guilty of threatening to kill three federal judges in Chicago, Illinois; it appears from the report he did not say he wanted to kill them, but that he believed they deserved to be killed.

What is hyperbole? When is hyperbole considered a crime? Is the suggestion of killing the U.S. President different than saying you will or want to kill the U.S. President? When is free speech not free? When is a U.S. Citizen's right to free speech curtailed in favor of expediency?

Iowa Politics & The Law of Insanity - The Impeachment Proceeding is Historical Suicide

baby foot_in_hand_2144.jpgI did a quick search of the Iowa stories on the notion the remaining four justices that authored Brien vs. Varnum (the gay marriage license case in Iowa) and came up with a list of stories that is both interesting and disturbing. To have lived the law for over 30 years and assisted people, not corporations, with people problems of significance to their lives, I must say this one stumps me. We have so many economic problems right now; and so it’s difficult for me to understand why the gay marriage license issue is worth all the time, money and effort being put into it. Vote No morphed into what now appears to be a show-down in the Iowa legislature over judicial impeachment procedures involving the remaining four justices. U.S. Supreme Court Justice Scalia’s strict constructionist point of view expressed this week further inflamed those proposing impeachment. To say that a point of view about Constitutional law is a reason to impeach a Justice is to ask for a dumber society and a pathetically weak judiciary. Points of view are nothing more than an opinion, but in the case of the judiciary it’s a learned point of view developed after law school and a long distinguished career. How did we ever get to throwing justices out of office because of a learned point of view?  This is a prime example of the tail wagging the dog. If you want Judges and Justices with no backbone, a lack of intelligence and the will to do nothing, but what the public asks, then just keep up the flames of the impeachment process.

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City of Cedar Rapids Addicted to Traffic Cameras

Adolf_Hitler large.jpgCedar Rapids Iowa has found a different way to cash in on law breakers; traffic cameras catching people being people have raked in $2.6 million in fines during 2010 just in tickets for red lights and speeding infractions. It cost just over $1 million to operate the cameras. That’s one heck of an investment return. Bernie Madoff would be proud of Cedar Rapids City Fathers. But is this how we want to live? Do traffic cameras really add to the quality of our life in Iowa? Do we want to live in a Communist styled state of paranoia? This is a slippery slope and one that leads to corruption of thought.

Perhaps we should have a contest to see how many ways we Iowans can come up with, to dehumanize our cities and towns.

  • How about sidewalk cameras for those that don’t shovel their sidewalks?
  • Or we could pay people a bounty to snitch on their neighbors. That would be a real communist community builder.
  • And let’s not forget spitting. If we pass a spitting ordinance we could make a bundle with camers where people do a lot of spitting.
  • Ugly tattoos or tattoos with little or no taste. If we commission tattoo police we could increase revenues for the road construction companies and others that pay so much in campaign contributions to politicians who then need to pay them back with spending from the public till.
  • Fashion police! Oh that would be great and we could air it on YouTube or one of Iowa’s TV stations and have wagers as to who is dressed the worse; sort of like dancing with the stars. The Iowa State Fair would take on a whole new meaning.
  • And how about selling corporate naming rights for the prisons? We'll need more prisons so perhaps Kinnick Stadium could used as a prisoner exercise yard.

Hey all you young minds, send in your suggestions and I’ll print them. If we are going to act like a communist country we might as well do it right.

Paralyzed Veteran of Iraq's IEDs Has a Great Sister

iwojima.jpgIf you want to read a good story about a courageous young man from Waterloo, Iowa and his equally courageous and loving sister read the news story, Sister helps her disabled veteran brother, December 25, 2010 by Mike Kilen. (mkilen@dmreg.com) Named at birth Emerald Ralston, this young woman is a gem. She serves us and then comes home and assists with her brother's care; her brother is a quadriplegic from injuries received when an IED exploded. I’d like to write more but I’ll never do it justice, so visit the Kilen article, its well worth your time.

  • An IED is an improvised explosive device.
  • A quadriplegic is a person with no motor skills or nerve function from the neck down.

In another story a 24-year-old marine on his way home to visit over the holidays was killed in an auto accident. The young man is Blake G. Hinds from Burlington, Iowa. See Iowa Marine dies en route home for holidays and Crash Kills Burlington Marine on Leave.

The tail wags the dog

Balance scales of justice.jpgI chose this title because interpretation of the Iowa Constitution isn’t a matter of public opinion or the will of the legislature; it’s a matter of judicial study over a long period of time and after a lifetime of education, training and professional development. To believe or hope that the Iowa Constitution and the rights it created are something a person without a law degree can interpret is asking for chaos. In this case the Vander Plaats interpretation is complete and utter foolishness which if implemented would lead to lawlessness.

The latest Des Moines Register news article is Vander Plaats pushes four justices to resign. It’s in the Des Moines Register the day before Christmas, December 24, 2010. It’s a good example of the tail wagging the dog. Someone who is not a lawyer, a judge and has no background doing much except running for office – telling people of this state how to pick judges and worse yet, how they should interpret the Iowa Constitution. If it continues to work in his favor then I’m going into the business of telling farmers which crops to plant. After all I know what I like to see growing as I drive aimlessly down the roads and highways of Iowa.

If you want evidence of true Iowans corroborating the small mindedness of Iowans, just listen to the silence from every other politician holding public office. They stand silent and idly by as the judiciary is dismantled in the name of bigotry.

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To the Fuehrer, German Jews were todays gays and lesbians.

Adolf_Hitler large.jpgI wish I had written Varnum versus Brien. I’m jealous that I wasn’t the author because I would not be sitting on the sidelines taking all those sucker punches from Vander Platts and King Terry. King-to-be- Branstad and Prince Vander Platts have an aura of legitimacy, but that’s it. By their words, the anti-gay vote proved that the Iowa Supreme Court’s Varnum Decision was the only right and just thing to do. The agenda advanced by the anti-gay movement is right out of the history books. Just read the poem by Martin Niemoller from his internment by the Germans in a Nazi concentration camp.

They came first for the Communists,

and I didn't speak up because I wasn't a Communist.

Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.

Then they came for me
and by that time no one was left to speak up.

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Iowa's Shrinking Economy

smile_1.jpgI’ve lived in Iowa since 1978. I arrived on a bus from Chicago via a train from Providence. With me I had one trunk and a typewriter. The trunk was large enough that no taxicab driver would stop to give me a ride. I finally figured it out and hid the trunk behind the electric train's iron support beam and stood there with only the typewriter. Once in Iowa City I stayed overnight in a local hotel before being picked up the next day and dropped off at temporary housing in Reno Hall. Everyone thought I talked funny. I admit to being different from Iowans in many ways. What I soon discovered about Iowans was how accepting they were and surprisingly how open-minded. People back home asked why Iowa? (Actually they asked why Idaho, or Ohio or Utah… but we won’t talk about New England’s version of geography.)

I chose Iowans as much as I chose Iowa because the people were honest and if you were willing to work hard and save you could get ahead. New England had long ago priced young people out. Iowa had not. New Englanders for all their strengths had a weakness for outsiders. Back then Iowans did not. But, after the ouster vote I’m starting to think otherwise about Iowa; which is probably why I keep writing about this subject. It pains me to see this side of Iowans, because it seems so unlike Iowa.

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Tell me it isn't so?

Pie piece of the pie.jpgAlready having pleaded guilty to federal charges in a $1.3 Billion Florida Ponzi Scheme a woman is free while she cooperates with the U.S. Government. The law firm where the Ponzi was being carried out is now bankrupt and shuttered. So the office manager finds herself unemployed. My source sends me a news story from the Sun Sentinel where it’s reported she’s receiving unemployment benefits provided by the law abiding taxpayers in Florida. How is this possible? What public policy awards convicted criminals who are awaiting incarceration? Why isn’t she in prison while she cooperates with federal authorities? This is all a part of the Participation Trophy Syndrome thinking.

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God help us if we are ever this stupid

Dice buy sell.jpgGrowing up in a seaport town you learn early that when rats are leaving the ship it means it’s going to sink.

Following the stock market meltdown I’d hope corporate America would change how they view and treat the stockholders. That is a hope we will never realize. This next story made me wince at the thought of how naïve some boards and CEO’s see the shareholders. Let me set this one up with a short explanation. Normally when a company issues stock the board approves the offering for the purpose of growing the company and increasing the value to shareholders. So if you were to issue $10,000,000 of new stock and not use that money to grow the business you would essentially be taking $10,000,000 of value from the shareholders. It's referred to as dilution. With a company having a market capitalization of $691 million dollars that’s a significant dilution to the shareholders. Now read this article that was in the Iowa business newspaper.

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After Congress should we ditch the insurance industry?

Targeting_success_3d_man_employee_worker.jpgYou can do this personal injury work only so long before it’s clear to you that the system is rigged to make money for insurance executives and not to resolve personal injury claims. To the insurance executives that run our insurance system, injured people are nothing more than a necessary evil, a mere nuisance. For that matter so am I. They love to hate me. The system simply tolerates injured people while claiming payments to them are a waste; all the while the system is the waste that feeds the pigs running it.

I have a client with a small PI case involving a rear-ender on an interstate highway where the traffic came to a standstill during rush hour. Liability can’t be any clearer. I’m sure the guy that ran into my client is as tired of the insurance BS as we are on the plaintiff’s side. It’s been going on for over 900 days and we are nowhere near getting it resolved because the jack-ass adjuster is too busy papering us to death for the sake of justifying her job and the entire insurance defense team of jag offs. Read my latest letter to the adjuster and see if you don’t agree with me. I’ve redacted the names to protect the innocent.

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TSA is getting a bad rap

I’ll Be Groped for Christmas, by Roxi Copland

A talented young blues singer... from Iowa.

So I read where a lot of people are complaining about the new feel-me-up security measures being implemented at the airports. Get a grip folks; you have to decide whether you want airport security or complete freedom to allow terrorists to blow us up. You can't have it both ways. A little bit of inconvenience that keeps you alive isn't a good enough reason to get all offended with a quick frisk. Either stop your whining or take the bus.

Once Again I'm Defending My Client Old Man Winter

winter_road.jpgTo put this case in perspective I need ask only one question. Can road conditions, including snow and ice, really cause a car accident?

A few years ago I blogged about Iowa news reports blaming Old Man Winter for causing accidents; which by-the-way on behalf of my client we emphatically deny he can cause an accident!

Back in the day I thought we’d won this case, but apparently not, because once again my client is being libeled. Today I’m here, again to defend OMW. Let us say, we categorically deny the charges and on his behalf I say, “He didn’t do it! He's not the perp!” Lately, every news source seems to be taking cheap shots at my client while needlessly blaming him for every accident that occurs. You wouldn’t do that if he were a woman, now would you? It’s totally outrageous. I’m seeing multiple articles in the Des Moines Register and on KCCI News Center 8 blaming OMW for causing car and truck accidents. Semi’s on the interstate running pelmel into cars, ladies spinning out on the state highways and men crashing on streets and avenues within the city limits. Teens ending up rolling over and in dozens of fender benders: all blamed on OMW. It’s slanderous, libelous, calumnious and downright defamatory; and on behalf of OMW I demand a retraction!

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Will voter retention removal in Iowa affect judicial applicants?

Balance scales of justice.jpgFARMER SNOOK: "YOU CAN'T MAKE A SILK PURSE FROM A SOW'S EAR"

How can there be any question that applicants for the Iowa Supreme Court will be affected in a negative way by the removal vote? If you believe it won’t then you don’t understand the process or the job and its qualifications. Allow me to argue my point. First, though you’re probably not a lawyer, think about applying as if you were already a judge or a lawyer.

How will ouster affect pool of justice applicants? Des Moines Register, November 20, 2010

From the standpoint of the judicial nomination commission consider who they would want to apply.

For all practical purposes the pool of candidates isn't going to be very large. First you have to be a lawyer. That takes a minimum of seven years in college. The last three are the toughest. After you graduate you will not be allowed to practice unless you pass a bar exam. Not everyone does, so not every law school graduate can practice law. Those that do pass the bar don’t necessarily choose to become a practicing attorney. So not all law school graduates practice law. .

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"Iowa's Total Recall" is Bull

danger_bulls.jpgIf you’re going to bash gays you may at least have the decency to do it openly and without the guise of hiding your fears and anger behind a smear campaign against judges that you know aren’t going to be able to defend themselves.

The editorial in the WSJ titled, “Iowa’s Total Recall” is Total BS. The editorial gives the impression that Iowa's Supreme Court is full of liberals. No way. If you count how many terms and years the Governor's office has been held by each party it should be obvious. As it stands the Dem’s are losing the contest to appoint Iowa’s judges. After 189 years it’s the Democrats 9 and the Republicans 61. If that's even a fight I doubt the Republicans realize it.

Before we anew this gay marriage-license debate please keep in mind that the Republicans in Iowa have controlled the Governor’s office for 61 or the 70 terms of the government. Going back 189 years, all the way back to December 3, 1846, the Republicans have controlled the appointment process for 155 of the 189 years.  So if anyone is to be blamed for appointing “activist judges”, assuming they even exist, it has to be my Republican Party. If we have to blame any party for appointing Iowa’s judges it has to be the Republican Party. Of course we don’t, but that was the veiled message being touted by Vander Platts and company as they delivered a large dose of fear mongering to Iowans in favor of removing judges from Iowa's highest court. No sooner did the vote get counted the WSJ wasted no time in heaping it on to sell newspaper ad copy. The editorial was based on fear not fact.

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Iowa Horse Racing Grows Up

Postcardbw horseracing.jpgIowa has its first criminal charges being filed for allegedly cheating at a gambling game. The charges stem from allegations of what used to be referred to as juicing horses before a race. After all, with horse racing it's just a matter of time. 

Having grown up in Rhode Island during the 60’s and 70’s I’ve seen and heard it all. When in the 1980's Iowa started down this road with the lottery and then pari-mutuel betting I knew time would get Iowa to where Rhode Island had been and since then I've been waiting for these stories to appear in the news. Narragansett Race Track was Rhode Island's track. It had its criminal enterprises actively engaged at the track. The Gansett was formed in June of 1934 immediately following the legalization of pari-mutuel betting. The horse barns held 1,650 horses. At a cost of $1.2 million dollars Gansett was built on an old airport. Seabuiscut ran at Gansett as did War Admiral. Mickey Rooney, Jack Dempsey and other celebrities visited the park. Watch this video and you’ll learn about how the National Guard was called in to assist the governor in closing the Park after accusing the Park President of shady practices or corruption. Two fires caused the death of 23 horses. The Gansett finally closed September 4, 1978. That was a 44 year run. After it closed the Gansett was purchased in 1979 by the City of Pawtucket to be cleared for an industrial park. I predict that will the fate of Prairie Meadows.

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4-L's, Fish files won't give you food poisoning.

sea_bass_SS2.jpgIf I were a client and had to pick a lawyer I’d ask only one question. Can you tell me what that question is? I didn't think so. When you know the questions to ask you'll then be ready to take on a client's legal work.

Yesterday I wrote about the young lawyers coming into this tough job market and whining about not having a J-O-B in the law field. The more I thought about it the clearer became one reason why some aren’t working.

If you’ve been handed a participation trophy your entire youthful life you have a flawed character.

When approaching your work life with the mentality of first asking when you get a participation trophy the character flaw becomes well established. Being an old coach I can’t stomach anyone asking for a participation trophy. Those disdainful pieces of useless plastic that collect dust also have a way of fostering the wrong kind of character. Telling a loser they are winners just for showing up, no matter how hard they tried, reinforces that a loser mentality is something to be rewarded. Guess what? If you lose then act like a man and recognize how lousy it feels to be a loser so you’ll work harder to win the next time. Losing is part of life; it's one of life's lessons and by losing you learn to develop the kind of character that makes you into a winner. Losing is essential when learning how to win.  Winners know how to win, because they've lost and then picked themselves up, dusted off their egos and then learned to be winners. It’s that simple.

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Are there no "jobs" for young lawyers, or are they failing to engage?

OneL_med.jpgMany years ago I found myself away from the city and in some rural part of Iowa talking to a jury when one elderly woman told me there is nothing wrong with this generation that a good depression couldn’t cure. This is a wise old woman. We won that case and that's pretty amazing because that farm wife sat listening to a young lawyer with a heavy Rhode Island accent that dropped r's where they belonged and then added those r's back onto words where they should not have been. I started in this practice more than 30 years ago and to every rural Iowa jury I showed my love of the law practice, common sense and no fear of hard work or insurmountable odds. Back then we didn’t use computers, cell phones and iPods weren’t even being discussed. We used things like paper, pens, typewriters, Dictaphones and recorders. We wore out the leather on the bottom of our shoes investigating cases along with the leather on briefcases. God I’m feeling old. Maybe I shouldn’t be writing this?

For 30 years I’ve worked 6 or 7 days a week in the practice of law. We’ve done well and were smart with what we made so I also have some commercial real estate to attend to. Bottom line is I’m always busy with something to do towards the end of making a decent living. Most days there is too much to do and too many clients to talk to so we turn off the phones so we can get our work done. Yet I’m told there are no jobs for young lawyers, that they can’t find a J-O-B, there is no work for them. When I hear that I have to wonder if this current generation of lawyers has the drive that it takes to be successful as a lawyer.

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The new and improved iPhone makes standing in the unemployment line more convenient

146_1.jpgIn the July 27, 2010 WSJ I read where Steve Jobs in the past ten years has been paid over $749 million dollars in pay, bonuses and dividends. Wow, that’s a ton of dough for selling iPods and ear buds. He’s seen as a savior of the American society; a His Apple business is seen as a great model to emulate. How much did the other iBillionaires make? Well,  Larry Ellison received $1.84 billion in compensation. Barry Diller another iDividend guy received $1.14 billion running Expedia. It's really iMazing how much iCompensation they all received. But is it really so great; is what they are doing that reaps them billions really a sustainable model for America? I think not.  I’m all for capitalism; I rather like it, but what I don’t like is the i-business model that has turned us into a generation chasing after fool’s gold while standing in the unemployment line listening to our iPods. Henry Ford created American jobs, but Jobs in company don't do much else beside create personal wealth.

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Is Sainze and Company Indicative of a Power Struggle?

What do the media want us to say: That we feel bad for Sainz. Sorry, no can do.

Plain and simple this is a stupid attempt by female reporters to make a power grab for attention. Ask yourselves why Diane Sawyer doesn’t get “objectified”. It certainly isn't  because Diane Sawyer isn't attractive, she certainly is an attractive woman. Why is Diane Sawyer treated with respect? What’s the difference between the two female reporters? Frankly if you need me to explain it then you’re not very objective and have no business being a reporter.

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Medical Malpractice Insurance Myths and Other Distortions of Truth

emergenza-omino.jpgThe title of Reuters news item (September 7, 2010) as reported by Maggie Fox, “Malpractice Liability Costs U.S. $55.6 Billion: Study” is to focus of today's blog. Simply put it's not accurate. There are three things wrong about this report.

  • The title is inaccurate.
  • The assumptions the reporter expects readers to make are erroneous.
  • The conclusions she reaches are absurd and I challenge her to prove just one.

The Title

The title implies that a study finds malpractice costs alone amount to $55.6 Billion. That’s not even close to being true. She made the mistake of not reading enough about the study and what it does show. The actual study reports these “costs” include: defensive medical practices such as extra tests and scans, in addition to administrative costs, payments to patients harmed by practice outside the standard of care, and attorney’s fees for these patients; all account for 2.4 percent of the annual U.S. healthcare expenditure, as reported by Michelle Mello of the Harvard School of Public Health.

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"What's my case worth?" SCAM

35_2.jpgThere is a scam being played out across the Midwest having to do with a quick confidence game involving lawyers, a potential client and law suit funding companies.

The scheme coming out of Kentucky purports to involve a “high dollar car accident injury” with the potential client promising to quickly hire the lawyer. The lawyer mails the initial sign up documents and shortly thereafter starts receiving telephone calls about the claim. Before a contingent fee contract is ever signed the lawyer finds himself talking to companies that either fund or purchase law suit settlements. The contract to hire never arrives and the purported injured client never materializes; the money disappears and the lender/purchaser learns a tough lesson.

The focus of the scam is law suit funding. The scam artist gets the money for a claim that doesn’t exist. Those companies that lent money to injured people or those purchasing the rights to the settlement proceeds get bilked out of any monies extended to the man. It’s an old scheme that focuses on the assumption that greed will make lenders and lawyers, do dumb things.

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It's Monday Morning PI Roundup in Iowa

This morning is Monday Morning Roundup of the personal injury news from around the State of Iowa. Let us see how Iowans are getting seriously injured or killed.

Gay Non-News - Bob Vander Plaats continues to distract voters with his efforts to get attention by blaming the Iowa Supreme Court for God’s work in making people gay. Now he’s saying the Iowa Supreme Court should have sent the issue to the Iowa Legislature rather than decide the controversy before them. Bob, Bob, Bob this isn’t all that difficult an issue. The Iowa Legislature passes laws and the Courts decide controversy’s interpreting or applying those laws. It’s basic civics 101 from high school. You did go to high school didn’t you? Next he’ll be advocating gay counseling to un-gay them.  I’m beginning to wonder why Bob is so interested in this subject.

Spencer, Iowa – The debate between Agriculture Secretary, Bill Northey and his challenger Francis Thicke involved a lengthy discussion about the egg recall, how it has affected Iowa’s reputation and how to change state regulations to protect consumers.

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Why in the equipment lease, is the "hell-or-high-water clause" such a royal pain?

Royal_Links.jpg

Most golf course owners who were a part of the Royal Links, USA hospitality cart advertising program lost a lot of money. Advertising that was supposed to pay for lease payments never materialized and the program eventually collapsed leaving the owners with making monthly lease payments amounting to over $20,000. It would not have been so bad if the owners hadn't paid $12,500 for what amounts to a Styrofoam cup with wheels and a canopy. It wouldn't cool if you didn't add ice and couldn't keep anything warm unless it was made warm. You could pull it behind a golf cart but it wouldn't move on its own. For $12,500 you could have purchased a fancy riding mower and pulled a $200 cart behind it with coolers filled with ice and at least you would have a useful piece of equipment.  Many of the leases required venue in Polk County, Iowa, which is why I became involved with representing golf course owners who were sued by the leasing companies after they refused to make the agreed monthly payment. And that's where we all learned about the hell-or-high-water clause.

Royal Links USA - Claim Form – Victim Impact Statement

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Would a Mitchell County Libel Suit Invite a Countersuit for SLAPPs?

Would it be libelous if I’d written: David Namanny in his editorial sticks a pitchfork in the backs of the Mitchell County Board of Supervisors!

HERE IS WHAT IS REPORTED TO HAVE HAPPENED

The Des Moines Register reported that the Mitchell County Board of Supervisors has asked its County Attorney Mark Walk to research a claim for defamation against the Osage newspaper, the Press-News and its editor, David Namanny. I tried to locate the actual editorial but was unable to find it online. I’m left with the story by CBS-2 New and the story, Mitchell County considers suit against newspaper, August 17, 2010. It may have all started when the Press-News published an editorial that said: "Looks like it's time to get out the pitchforks and head over to the county courthouse".

Yawn……. That’s not exactly a statement of fact; or a threat against any one individual or for that matter a falsehood. It sounds more like an opinion or hyperbole. Hyperbole is a figure of speech in which exceptional exaggeration is deliberately used for emphasis rather than deception.

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Why lawyers and judges need blogs.

02_2.jpgLawyers know squat-diddley about marketing; really we don't understand the concept. Judges know less and I'm guessing they will admit their lack of understanding. After all, they are an independent judiciary and don't need to market. Right? Is that right? If so why are the three that are doing their job under attack in Iowa? So I have to wonder, do they need to better understand marketing? Today let's discuss why lawyers and judges would be wise to appreciate at least something about Internet marketing.

We didn’t’ study marketing in law school and after graduating the business just came to firms where we are working as lowly associates. In days past, marketing was simply glad-handing at the Rotary Club or a round of golf at the local country club. For associates clients just seemed to show up at the firm's threshold.

Lately I've been asking myself, exactly what the brand is that binds us all together. The question comes up because of tort reform and because of people attempting to remove three Iowa Supreme Court justices over the gay marriage decision. The prospect of removal bothers me because these three justices have done nothing wrong; to the contrary they've done their job by tackling a tough issue. So I have had to ask what's wrong with this picture and what role if any does marketing play in being a judge.

Do judges have a brand that needs protection; if so what is it? What is its brand and how is that brand being both promoted and protected? Most judges believe they are above marketing; that their job has nothing to do with marketing a brand. That’s a lofty idea that in the case of the gay-marriage decision may need some rethinking and much retooling. After all judges are one of us; they are taxpaying citizens with families, friends and jobs. Like us they put their pants on one leg at a time. To understand what's going on with the judges we need to reflect on what happened with tort reform. So let's get back to the trial lawyers.

If the tort reform crisis of the 2000’s taught me anything, it is that the legal profession does have a brand and that I have an ethical obligation to protect it. Our client is our customer and they come to us with expectations that cannot nor should those exptations be ignored. If we ignore their expectations we run the risk of others marketing our brand for us by framing the issues in a way that is adverse to our clients and to our business model. Yes like it or not the court system, the U.S. Constitution, the Bill of Rights and your state constitution is a part of your business’ brand. Ignore it and others will promote your brand in a way that causes it damage along with our image.

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Forget Dams Bursting, Are Collapsing Bridges Next?

02_2.jpgThere seems to be a tidal wave of legal questions swirling in the murky waters of Iowa lately. The more rain we get the wetter are basements and legal briefs. The wetter that basements get, the more that claims will be made to insurance companies. The more claim files grow, the more important it is for the insurance industry to protect the float through delay and subrogation. 

In every insurance cubical you can read two wall hangings that remind the troops of their mission:

Delay and subrogate!

From the bursting dam at Lake Delhi, to a failed levy to our west and flood waters rushing over the banks of too many of Iowa's rivers, the Courts can expect and onslaught of water-related property damage cases. 

When it comes to Lake Delhi the homeowners talking to claim adjusters those homeowners might as well be living in New Delhi, India. After talking to your insurance agent and adjuster you'll think the people on the other end of the phone call were in one of Dell Computer's customer "dis"-service call center in Mumbai, India. You'll be sctaching your head and thinking the Tower of Babel might be easier to figure out.

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Did the condo board just toss you a live grenade?

35_2.jpgWhat's wrong with this picture? Your daughter says she just bought a car from the local used car dealer; she's already signed the papers, but never drove it and never even thought of looking under the hood to see what the engine looks like. She tells you she spent $10,000 buying it. What do you say to her when she asks you if it is a good deal?

Well, being a father I can imagine what you're thinking. Hang in there with me for a moment because this is really about you. As a lawyer let me ask you a question: How is her buying that car any different than the what most of us do when buying a condominium or a townhouse?

The "normal" way people buy a condo or townhouse.

The real estate agent shows you a condo or a townhouse and tells you all about what a good deal it is. They provide the bare bones disclosures required by law and you make an offer to purchase, negotiate and then buy it. You did all of that without knowing anything about the financial well-being of the homeowners' association. (HOA) All the while you want to trust the integrity of the realtor. You paid for professional services, which you assumed meant the realtor was there to protect you; but were you protected?

Did the realtor protect the buyer or the seller? Who protected you the buyer?

Let me be of some assistance with your next purchase, because there is big trouble coming for many HOA boards and chances are it will be dropped right on your doorstep. There is a lot of flooding going on in Iowa and it provides a good opportunity to explain to you a defect in the way you buy real estate.

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Where is your good neighbor now?

146_1.jpgDon’t you hate lawyers? After all aren’t the lawyers responsible for all those frivolous lawsuits? Here sing with me. Rain, rain, go away come again another day. Many Iowans with some form of water damage are mad and will probably be madder after they speak with their good neighbor or the guy who they are supposed to be in good hands with; your homeowner’s insurance company. They will call the lawyer right after the homeowner finds out that their good neighbor isn't so good or that they aren't really in a pair of good hands.

For 8 years I tolerated listening and reading about tort reform and today I’m here to remind you why it made no sense then and won’t to you today. Eight years is a long time to listen to it because lawyers know what happens when you file claims under your insurance policy. We knew sooner or later you would have to call the lawyer.

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Homeowner Flood Victims Told by Insurance Companies, Sorry You're SOL.

Earth floating on water.jpgThe flooding in Iowa is too almost Biblical proportions. We are so tired of rain, rivers overflowing their banks and dams breaking, that the idea of buying a boat and moving north to a lake is looking pretty attractive to most of us. So what are Iowans with flood damage supposed to do when insurance companies tell them there is no coverage? The answers may surprise you when you find out this is going to turn into an expensive lesson for many people.

I haven't had such a case in my office so I'm not sure of the exact issues, but some questions come to mind. Is a dam breaking a flood or is it a man-made catastrophe of another kind that is covered under most homeowner’s policies? And what about if the levee breaks; will that be covered?  I understand a river coming over the banks is probably water damage by flood, but a dam or levee breaking? Seems like a different animal to me. In these two instances you have a man-mad failure as opposed to a weather condition. Is one a flood and the other a casualty?

Damage Often Needs Separate Coverage From National Program, August 13, 2010

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How do we discourage not thinking and driving?

tongue_texting.jpgTexting while driving is like driving while drunk and sooner or later we will have to pass a law requiring people to just think. 

It applies to adults and to teen drivers so get the message. Reading, writing and sending text messages while driving a car, a truck, a motorcycle or any other motorized vehicle is now banned under Iowa law. If an officer determines the violation of this law led to an accident the fines are stepped up.

But how will we know if the officer doesn’t confiscate the driver’s phone?

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Is it un-American to compare exotic dancing and the demolition derby?

adult-entertainment-bar_~u23290967.jpgFor my east coast friends who remain geographically challenged Missouri is a state, a part of the United States and just south, that’s down, of Iowa. Missouri is the “Show Me State” which once again Iowans are stuck showing them the errors of their ways. Missouri’s elected officials are picking on exotic dancers a-g-a-i-n. If Missourians are going to pick on exotic dancers then we may as well debate the merits of that age old tradition, the demolition derby.  Boiled down to its essence, assuming there is an essence, the demolition derby is a contest that seeks to find several people dumb enough for a small cash prize, to climb into a car or truck and ram other contestants until you’re the last fool moving. Sounds a little like some marriages, but let’s leave that comparison for another day. In the derby the cash prize comes from a promoter who sells beer, pretzels, popcorn, hotdogs and maybe a t-shirt or two. Exotic dancers on the other hand are usually young woman dancing on a stage or in someone’s lap for tip money. The promoter is a bar owner who charges an entry fee and gets paid handsomely for selling inebriated patrons watered down drinks containing a small portion of alcohol.  They aren’t selling t-shirts; in fact clothing is optional, well … at least it is for the dancers.  

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How can law school graduates find employment?

Whoever came up with the idea of a wallet fitting in a back pocket must have known something we’re forgetting.  Sitting on your wallet is a constant reminder of how that money is made.  Maybe that was the reason why for most men’s wallets were designed to fit in our back pockets. Here allow me to make my case for the American dream.

One day last week the American dream walked in the front door of my office, sat down in front of my desk and tried to export the law firm’s earnings.  And that reminded me once again why the American dream is just that; a dream.  The Yellowbook representative stopped by to sign next year’s contracts for advertising the law firm.

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Why Lindsay Lohan is no laughing matter

Why should Lindsay Lohan be held in contempt of court?

If the Court doesn’t hold Lindsay Lohan in contempt the message to those before the court is clear: The Court isn’t to be taken seriously and justice is about as real as a reality TV show.

I have to wonder if violence against lawyers is escalating. We’ve had some recent provocations against lawyers that make me pause and consider why. Right here in Iowa on July 9, 2010 we had a lawyer being assaulted while standing in a Dubuque County court room. It’s not the first and certainly won’t be the last. Several years ago a lawyer in Polk County was assaulted by his client while standing before the Court. Assuming the lawyer didn’t fall asleep during the trial, the defendant had to be mad at the judge or jury and not his own lawyer. The lawyer is there on the side of the defendant; so why the lawyer?

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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

Related media coverage:

They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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Low-budget ways for retirees to help their city/town

Today’s post under the getting ripped off section is a positive news story. It’s one that exemplifies the true American spirit. It’s about a can-do America that runs on honesty, hard work and roll-up-your-sleeves community values. It’s not about what government can do for me or who gives me the next benefit check or me-me-me being the center of attention.

This story comes out of Detroit. Detroit has been hit hard by the economic recession. The city’s tax revenues have plummeted and the services the city can offer its citizens has headed south alongside those falling revenues. Lucky for Detroit it has retired citizens who without being paid volunteer to assist in maintaining the city. People like Howard King, Jr. (60), Paul Cobb (27) and William Martin (56) are mentioned as three of the volunteer citizens who are rolling up their sleeves and doing something about the work that needs to be done to maintain their communities while recognizing not every good deed requires a paycheck. Community service is something we all need to participate in.

Elderly woman in her gardenSome of you, who can’t mow grass, cut weeds or afford to fix city parks may wonder how you too can help.

Here is my low-budget list of ways to assist these volunteer citizens that won’t cost you a whole lot. I wondered if I could come up with 50 suggestions and I did.

1. Donate trash bags.

2. Purchase 5 gallons of gas for one of the volunteer citizens.

3. Donate a gas can.

4. Donate ear muffs for ear protection.

5. Arrange for a lawn mower blade sharpening.

6. Arrange for new spark plugs and a tune-up.

7. Arrange for an oil change.

8. Donate ball caps.

9. Donate sun screen.

10. Donate safety goggles.

 

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