Iowa's Governor Wants to Ban Traffic Violation Cameras

titanic-game-chorusgirl-440017-h.jpgIowa’s Governor Branstad is not happy with what he perceives as the unfairness of traffic cameras. He says he’d sign a bill banning the use of them in Iowa. He's wrong. They are working on some roads especially on I-235 between Des Moines and West Des Moines. 

See Branstad Says He Would Sign Traffic Camera Ban, KCRG, TV-9. Apparently while visiting Arizona he was mailed a $200 traffic ticket after his speed was 10 miles over the posted limit while driving across the desert in a rental car.


As a personal injury attorney I don't find the outright ban encouraging. Anyone who has driven on I-235 from West Des Moines to Des Moines before the traffic cameras were installed knows what that was like. It's a race track with no traffic cop. Interstate 235 needs cameras. There are some locations where traffic cameras have helped to slow down the traffic and reduced the number of accidents and near accidents. Totally banning cameras would only encourage the morons who drive like they are on the Newton Speedway. Why should the Governor give them the green light? 

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Nail Guns, Brain Injury and Social Media

Worker factory-industry-apron-438866-h.jpgAt what point in life do people begin to believe Facebook postings are real life?

Man shoots nail into his brain, posts it to Facebook from ambulance

Lawyers are constantly having to deal with what clients post on FB. Clients post inappropriate things on FB all the time. There is a disconnect between the reality of what they say on the one hand in a lawsuit and what they post on FB. Defense lawyers know it as do Plaintiff lawyers. The admissions go both ways and so lawyers on both sides immediately march to FB to see what the other lawyer's client is publicly stating. 

A case that just came to my attention was a drunk driver bragging on FB about how much he's drank and how fast he was travelling before the crash that mangled his passenger. His insurance company paid the limits of $100,000 to the injured passenger.

Get a clue folks, if you're involved in a lawsuit shut down your FB page.

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

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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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Lawsuit over I-35 Pileup during 2010 Blizzard is a hard sell

According to a story in the Waterloo Courier and one in the Mason City Globe Gazette a lawsuit has been filed by a Wisconsin couple following a pileup on Interstate 35 on January 25, 2010. A look at the photographs sort of say it all and begs the question the jury will certainly be asking – What were any of you doing driving during that storm? That's the elephant in the room that no will want to discuss but everyone will be looking to explain.

Lawsuit filed over pileup during 2010 blizzard on I-35, Laura Bird, Courier Lee News Service

Lawsuit filed in I-35 blizzard pileup, Laura Bird, Globe Gazette, Mason City, Iowa

You Shouldn't Ignore the Value of Litigation

shooting-oneself-in-the-foot.jpgA recent article I read interested me from a professional standpoint towards workplace safety but I thought it missed a major point about litigation. This article of interest explores the dangers of being a farmer, but ignores the contribution of civil trial lawyers. With this I take exception.

The article written by Rick Ruggles of the World-Herald out of Omaha, explores the dangers, past and present, of farming in rural America. While the article points to engineering as making farming safer it fails to point out how lawyers have contributed to pressuring the re-engineering of farm equipment to make it safer.

Like it or not, lawsuits have done much to make farming a safer profession.

  The three examples that come to mind are unshielded PTO shafts, augers and tractors sold without rollover protection (ROPS). Those three pieces of farm machinery did more damage to limbs and took more lives than probably any other dangers in farming; one still does. Manufacturers packed the standard writing organizations with like-minded engineers who argued changes weren’t feasible. Farmers continued to die while lawyers poured their own funds into litigation suing manufacturers to force loftier engineering standards that ultimately resulted in safer farming equipment.

Of course farmers should hug us not hate us. 

So say you hate us all you want, but we ain’t going away and it has everything to do with life and limb compromised by unsafe products and services. And as personal injury lawyers we know better than to simply catalogue the progress without following the money; our money and what it’s done for farm safety. Turn us away from the courthouses and you shortchange yourself and increase the risks you face while farming. It's pretty simple and sometimes referred to as the Golden Rule. Do unto others as you would have them do unto you.

 

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Whose insurance is responsible in a rollover accident?

Oliver Twist -Cruikshank_-_Fagin_in_the_condemned_Cell_(Oliver_Twist).pngFor today’s article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff’s Office spokesperson described the accident for the WCF Courier as a single vehicle accident where she lost control of her driving on L Avenue north of 110th Street, then entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She’s just 16 and probably inexperienced so we’ll leave it at that.

A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. The driver is described as 37-year-old Ramon Castillo; neither man is described as wearing a seatbelt, although no details are given about what happened to cause the accident. 

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The Broadside Auto Accident Case: Was the driver's view blocked, or was it inattention or could it be speed?

Evidence.jpgToday’s litigation brief looks at a recent accident involving one car pulling out and being broadsided by an oncoming truck; the truck driver appears to have the right-of-way. As a young lawyer you have to ask yourself whether the guy pulling out is completely at fault or whether there is other evidence of negligence.

Black Hawk County, Iowa - What caused the driver to not see the oncoming truck and to pull out right in front of it on Highway 63? The accident is described as involving an F-250 Pickup truck and a Toyota Corolla – a fight weighing heavily in favor of the Ford. The Toyota being driven by one Joseph Pink pulls out from C57 and attempts to cross the southbound lanes of Highway 63 just as Garth Harold Beatty in his 1999 Ford pickup truck towing a trailer is crossing C57 at that intersection. The inevitable occurs with Mr. Beatty’s truck t-boning the little Toyota. Apparently Mr. Pink died in the crash and a passenger Mr. Harold Beatty was injured and taken to Allen Hospital. I used to work with a lawyer Sam Beatty in Waterloo. He was really a nice guy; I liked him a lot.

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Traffic Violation Cameras intrusive, but reliable witnesses

snowy country lane.jpgHere is a trial tip: The lawyer with an intersection collision case should get a copy of the video from the intersection traffic camera. Which means we have to learn where these cameras are located. As for clients who are in an intersection collision it’s better to get a lawyer onboard sooner rather than later. This is also a reason for the lawyers to get out to visit the accident scene. You just never know where a camera may be recording the events. The camera may be on a nearby building used as a security camera.

For a list of locations see below.

Traffic Camera Proves A Reliable Witness In Crashes, AP provided by KCCI-Channel 8

 


 

  • Iowa Department of Transportation – Des Moines Area Traffic Speedmap and Cameras Link
  • Iowa Traffic Webcams from Leonards Worlds
  • Traffic Cameras by State – USA Russia Style link.
  • Iowa Webcams link.
  • Des Moines area links.
  • Iowa Red Light Cameras Map link

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

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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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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Dead Men Tell No Tales

Wrong way sign.jpgDead Men and Punitive Damages - In Iowa you can't sue an estate for punitive damages. 

The Iowa Supreme Court affirmed the legal maxim that dead men tell no tales. In In re the Estate of Johnny Vajgrt, Bill Ernst, Inc., Intervenor (IA Sup. Ct., Aug. 5, 2011) the Court upheld dismissing a punitive damage claim, even against the estate of a tortfeasor who no longer can do harm to others and held the estate would be powerless to prove the decedents state of mind in committing the acts for which he was sued. The law firm of Grefe & Sidney did a nice job of summarizing the opinion. Just follow this link to review their case summary. The actual opinion can be read at this link. Also the Des Moines Register has a story.

Iowa Supreme Court Opinion Link

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Can I Rent from NetFlix's the Iowa Supreme Court Arguments?

MollyOral arguments before the Iowa Supreme Court are now live and streaming on the Internet. Unless you’re a lawyer, and in most cases involved in the case, you’ll find this about as exciting as watching corn grow in August. There was an outcry the courts were too secretive and maybe something fishy was going on behind those closed doors that allowed the gay marriage decision to come out of the Constitutional closet. 

The idea that somehow the Iowa Supreme Court operates in secrecy is preposterous and leads me back to the Law of Molly. Whenever there is thunder, our dog Molly hides her head under the bed as if that alone will protect her. The photo is Molly after the thunder stopped and she finished hiding her head - just as the Vander Platts group wants you to do. Each is acting foolish.

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Are lawyers being taken with marketing hoopla?

I’ve been gone over a month and a half. I needed the break from writing, blogging and complaining about the practice of law. So I took it. Yada-yada-yada... Someday I’ll discuss the reasons but not right now; just too many things hitting me too close together in time. One of the issues you can read about here and here.  So realizing I needed a break, I took one. I’m still not back completely emotionally from all of this and there is no way I’m writing like I was, but for now let’s see how it goes. Today I want to talk about legal marketing. So hang in there while I work on my gripe meter and hopefully get back in shape.

Let's have Miley Cyrus help us today on the beaches of Tybee Island.

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Xtra Normal Goes Extraterrestrial on Law School

There is nothing worse than a bunch of lawyers with not enough clients and too much time on their hands. These videos it's well worth the fifteen minutes of laughter.

So You Want to Go to Law School

http://www.youtube.com/watch?v=nMvARy0lBLE

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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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How to Secure the Long Tail of Your Firm's Legal Internet Marketing Strategy

Image: jscreationzs / FreeDigitalPhotos.netWithout a plan the long tail of your marketing plan can get chopped off

Once again this week I’m reminded of why I own and control the blogging content I write. A potential client contacts me having found me on the Internet through a Google description to a link that no longer works. The link doesn’t work because the platform I was using then took down my content after we went our separate ways several years ago. When I left that group no one asked what I thought should happen to the content I'd written, no one sent me a disc with the content so that I could repost it and no one allowed me time to transfer the data. Spite? I’m not really sure you’d have to ask them. The fact I was driving 10,000 to 20,000 unique visitors a month might have something to do with it. Like I said you’d have to ask them.

The potential client was not able to read the entire blog, only the Meta data description Google still has in its giant memory. This is in part how the long tail of Internet marketing works. What is the long tail?

The long tail is your content working 24/7/365 times as many years as you’ve been writing content and posting it online. It’s a long tailing of information about those areas of the law that you practice and write about. Here are some links if you’re still scratching your head about the long tail. Link, link and link. I could go into a fishing analogy, but today I'm not willing to share that insight with you. Let's get back to how to protect your long tail.

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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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Still need a J-O-B?

A Look at the Hottest Legal Jobs and Practice Areas for 2011

In this edition of The Robert Half Legal Report, host Katherine Spencer Lee, district director for Robert Half International, welcomes Attorney Charles Volkert, Executive Director of Robert Half Legal, to highlight the hottest legal jobs and practice areas for 2011.  Katherine and Chad discuss the latest trends in hiring and compensation affecting the legal field, the qualities employers are looking for in legal job candidates and offer advice for job seekers.

Help for The Lawyer's Job Search

What's the market for lawyers looking for jobs now? On this edition of Legal ToolKit, host Jared Correia, Law Practice Management Advisor with Mass. LOMAP, welcomes Attorney Gina Walcott, Executive Director of Lawyers Concerned for Lawyers and Tomeeka Farrington, Founder & Principal of Spotlight Communications, to talk about the lawyer's job search in a down economy, the best social media sites for job seekers and helpful hints to lawyers in the job hunt. Legal ToolKit is brought to you by Catuogno Court Reporting.

"Going Solo" - What you Need to Know in 2011

On this edition of The Landy Law Letter, host John L. Torvi, from the Herbert H. Landy Insurance Agency of Needham, Massachusetts welcomes Attorney Mike Bottaro, owner of the Bottaro Law Firm, LLC, to talk about "going solo" and what attorneys need to know in the new year. Attorney Bottaro discusses how to develop a successful business model, helpful outside resources and offers key recommendations to attorneys who are considering establishing their own practice

Never wonder why they hate us...

8137witchcraft.jpgLike I said last week, don't wonder why lay people hate lawyers. They hate us because we act like instruments of the devil. Workers' compensation benefits in Iowa has turned into a con game played by insurance fools with little to do except justify their own sorry existence while they promote the float and their own job.

On this one day my client from Florida who drove a truck over-the-road and across the country was told he had to come back to Iowa during the winter to get medical care and to sit in a terminal to live and serve out the "healing period". I kid you not. The entire process with OTR truckers is to make their recovery so unpleasant, that they quit so the employer no longer has to pay them during the healing period. If anyone thinks someone is being fooled, you're naive. No this isn't a communist country, it's Iowa. A surprising place where we now treat people like animals in a zoo. Here is the letter I sent to the insurance maggot.

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Do voters and corporate America play on a level field?

mailboxes-in-rural-midwest-united-states-late-sun.jpgIs the legal system rigged against people; and in favor of big business or does it just seem that way?

People believe the law has the ability to go whichever way the judge wants to decide the case. It’s what people refer to as result-oriented reasoning.  If you want a certain result you pick these legal principles and the result is possible. That’s how people view the law and frankly its how most lawyers and judges do, except we don’t admit it publicly. Today’s case has a result that most people will find offensive in that the proof required to prove a fact seems watered down in favor of an insurance company winning. If we asked the court to believe what this insurance company did, we'd lose ten out of ten times.

Judge says John Kline home’s former insurer doesn’t have to pay bank, Register, January 7, 2011

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The Top Ten Rules to Apply for a Law Office J-O-B!

Dollar Sign Santa Hat.jpgWhere do I find a big fat paycheck in the practice of law?

I want to talk about how to and how NOT to apply for a legal internship. To do so we need to talk about Wall Street vs Main Street and how Wall Street is making the acquaintance of their friend Mr. and Mrs. Tort Reform. I must say I miss hearing from my friend at the ATRA. He’s been quiet lately; he never did send in the form signing off on ever being able to file a lawsuit for personal injury. Funny how he and his organization advocated it for Main Street but he himself wasn’t willing to forego the right to file a lawsuit and 'take responsibility' for other's negligent conduct. It’s odd how that works. But let’s not digress.

Before getting to the meat of the idea being run up the flag pole let me point your attention towards Massachusetts where the Legal Talk Network has a new podcast show titled, New Lawyer, New Solo being moderated by Attorney Kyle Guelcher. This should give younger lawyers, newbies with no J-O-B an idea about what to do with your spare time. In this instance Mr. Guelcher describes his show this way: So you’re hanging a shingle – now what? In this debut edition of New Solo, host Attorney Kyle R. Guelcher, a solo practitioner out of Springfield, MA and chair of the Massachusetts Bar Association Young Lawyers Division, welcomes Attorney Gabriel Cheong, the principal attorney of Infinity Law Group LLC, to talk about some of the things to do after you have started your law firm -  networking, rainmaking and generating revenue and how to keep track of all those small business issues.

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Money for nothing and I'm not talking about the song.

Chess King.jpgThe joke goes, how cold is it outside? It’s so cold I saw a lawyer with his hands in his own pockets!

Okay, well this isn’t that bad but the news item brought it to mind. The Des Moines City Council considered a resolution to give a local law firm $27,000 if they will stay downtown and not move out the suburbs of West Des Moines. The story was in the January 10, 2011 Iowa Business Record. The firm is Simpson, Jensen, Abels, Fischer & Bouslog, P.C.; a firm located downtown since 1927. The firm is planning on expanding 4,000 square-feet and either they or the landlord will have to spend about $100,000 to $150,000 for the tenant improvements. Des Moines has a high vacancy rate and this financial inducement is an attempt to keep this law business downtown. West Des Moines has an equally high vacancy rate for office space. I’ve been told that from Valley West Mall to the Des Moines Country Club on Westown Parkway there are 1.3 million square feet of vacant space available. That puts tenants at an advantage with obtaining favorable t.i.’s. Ouch. I was not able to locate the story online but below is the news squib I received by way of an email news alert.

Just know there is a trade-off between rich incentives to stay-put and bankrupting the landlord, which is why the City coffers are starting to open up. Is this an indication of the real estate taxes being too high in downtown Des Moines?

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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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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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Systematic Destruction of Evidence

Evidence.jpgIn this post I want to point out the systematic destruction of evidence by insurance companies.

At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.

In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.

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Was Justice done: The Right to Elocution

02_2.jpgWhat is an elocution?

  • Right to Elocution: A Final Word From the Victim
  • Elocution: a person's manner of speaking or reading aloud in public, including the control of both voice and gesture.

Judge Joel Novak was more than a little peeved this past week when delivering a message from the bench as he sentenced a convicted murderer to three consecutive life-in-prison terms. Keep in mind Judge Novak in the past seven months sentenced three convicted murderers to life in prison for crimes against women. He’s been judging for over 30 years and has seen and heard his fill of criminal defendants, cases and criminal elocutions. This was as he points out, one of the worst.

Moore: I Have No Remorse For TereseAnn’s Death, KCCI

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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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Was justice served?

Let's see how creative retailers can get; this one gives an entirely new meaning to Black Friday. Times are tough but let’s see just how tough it’s getting out there. In the first case American retail takes the American judicial system out into the street for a good old western style gun slingers fight. If you think running a court is easy work, then think again. Here is what society delivers to the Court to deal with.

In Sanford, Florida if you buy a truck you get a free assault rifle. An AK-47 is the gift that keeps on giving to the judiciary.

In Kentucky the story reads that this victim is waiting for justice after being forced to eat his own beard. It all started with the sale of a tractor, then the claims get cloudy about beards being shaved off and a meal of the beard that was shaved off. Video on YouTube.

And again in Florida, Winter Park this time, a woman claims in a lawsuit her breasts caused her to be passed over for promotions and eventually fired. The specific allegation appears to be that her “Breasts were too distracting.” I kid you not.

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Why is golf more important than lawyering for people's Constitutional rights?

sea_bass_SS2.jpgToday was “tomorrow” yesterday so let’s revisit the Hensler vs City of Davenport decision as it relates to the award of attorney fees.

What is it about going on the bench that makes a person quickly disregard the costs of maintaining a law practice? The lawyers in Hensler were from the ACLU of Iowa Foundation; that means the rights being discussed were significantly important and no lawyer in private practice would take the case. You know ... there is a reason why private practicing lawyers wouldn't take this case. Let me give you a hint, we too have bills to pay.

It goes without saying the judges want lawyers to assist low and no-pay clients to enforce their rights. The Supreme Courts says it’s our ethical obligation to do pro bono work. For those of you who don’t know what that means it means, it means we don’t get paid to help them; we simply give away our time, unless a statute says we can get paid, but then only if we win. Sort of like a contingent-hourly fee case where even if you win your time is going to be reviewed by the Judge who will decide how much of it he will allow to be compensated.

Now I don't wish to deminish the importance of pro bono work, but for the sake of those laypersons reading this article, allow me an analogy that every rural Iowan will understand. Pro bono work is similar to making farmers give away a certain percentage of the corn and soybeans they raise to the poor; or requiring nurses and doctors to work at a public clinic that they operate on their own dime. Like everyone else in this economy lawyers are struggling to make ends meet. A poor economy produces more, not less, pro bono work. My point is this, if you want us to do more, then you have make it economically feasible for us to do more. Let's see what that means and how it translates over to the Henlser case.

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As a lawyer who are you? Do You Dare to Disturb the Universe?

bricks_and_motar.jpgMany of my clients say they want justice, but mean fairness; judges tell me fairness has nothing to do with justice, but they intend to convey they are fair. Young lawyers, not necessarily young in age, seek fairness for their clients, but they do so in the name of “justice” or so they say. Which do you prefer?

I seek only the truth which some judges, after years on the bench, know nothing about and care nothing about. To them they have become bureaucrats in black robes administering the law from high on the bench as if law and justice no longer had a heart or soul. To them life is just numbers and expert opinions; people just carbon and water. To them everyone lies, exaggerates or slants their version of the facts and that’s enough to close one’s heart to the ideals of why we do what we do as lawyers.

Do you want justice, fairness or is the truth enough?

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Fish Files III: Do any young lawyers in Iowa want to join a mentoring group?

sea_bass_SS2.jpgLast week I wrote two articles about lawyer mentoring and received a few public and private comments. There weren’t as many as I would have liked to see, but I’m willing to give it some time to develop. So far no one has asked about joining the mentoring group so I’ll ask if anyone is willing to meet once a month in an informal setting to jaw about what they are doing and how to do it better with an eye towards making a living without starving. If that's not a run on sentence I don't know one. We would meet after 5:00 p.m., at my office in West Des Moines probably on a Wednesday evening for about an hour. For starters there would be no speakers just lawyers talking about their case, asking questions about what others are doing and exchanging ideas. If you are interested call me at 515-222-1110 or send an email to sdlombardi@aol.com

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Fish Files Revisited: 12 Ways for Young Lawyers to Get Mentoring

sea_bass_SS2.jpgI wrote a blog and was asked an excellent question by a concerned lawyer just breaking into the profession. The theme of my blog was that a lawyer needs five years of mentoring before they are ready to try the more significant cases. The young lawyer with the desire to succeed asked this question:

"Precisely. So what is your advice to the young lawyer who cannot find legal employment and strikes out on their own without a mentor, partner or co-worker to lean on and learn from? How do they get the "five years of mentoring?" And when they don't get those five years, what then?

It’s easy to simply say, from the safety of 30 years experience, that young lawyers should buck up and take any case that they can. But the reality is, few new lawyers can simply take ANY case, especially when they have no mentor or support to handle the nuances of the new case.

I suppose I agree with the sentiment that the new generation of lawyers (post-2000?) probably has a different skill set and make-up than previous generations, and could probably benefit from a more "can-do" attitude, and a willingness to suck it up and take crummy cases. But I disagree with the notion that this, and only this, is the solution. New lawyers need experience, and that doesn't mean trial by fire. The support of working in a firm with lawyers who can show you the ropes is priceless. No amount of "can-do" attitude can replace that.

So, back to square one. When there are simply not enough jobs available (and by jobs, I mean opportunities to work with other lawyers, learning and gaining experience while paying your bills), how can the new lawyer get the experience that we both agree is required to be a successful lawyer down the road? The answer to that question is far more helpful to new lawyers than the sum of what your entry suggests."

Great question now let's get to answering it.

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Not All Lawyers Practice Law

220px-Spartacus1.jpgI’ve been known to complain to lawyers against whom I practice that when it comes to business most lawyers are the dumbest businesspeople on the planet. Today I want to point out one lawyer, Maggi Moss, who is not in that category. Maggi is a colleague and friend of mine. She’s a businesswoman with a lifestyle that many lawyers should consider, because attorney Moss is successful in whatever she chooses to do. Currently her occupation isn't the practice of law.

As a trial lawyer, if you live long enough and are smart about what you do with the money you earn, sooner or later you’ll figure out another way to make a living, other than as a trial lawyer. Let’s consider how law is practiced. We show up for work and immediately begin the process of trying to ruin another lawyer’s case. Mentally we have to think, I win-you lose. Our entire professional life is forged with metal that resists the other guy winning; if I can make you lose that’s a good thing. We want the other guy to lose; we actually hope he/she loses. Every document we file is intended to ruin the other lawyer’s chances of winning. So if you think practicing law is somehow going to be fun, get a clue because for the most part it isn’t, unless of course you have the menatality of Spartacus. It takes a tough character and a tougher ego to withstand 30 years of the onslaught by multiple lawyers in a thousand cases all trying to make you look like a loser. Have I really done this for 30+ years? There must be something wrong with me - and you for that matter.

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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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Persuading the Jury: Lawsuits are not about "blame".

rakekniven-free-climb-519303-sw.jpgDo you believe lawsuits are about blame? Do you say to people that we need to kill all the lawyers? If so, you’re missing the point and should ready yourself for the day when the unreasonable and the irresponsible rule the world. As trial lawyers our goal is to explain to a fact finder in simple terms what made America the greatest country on earth.

I hear it all the time: We need to stop all of these lawsuits and stop blaming someone for our own faults. That statement implies that lawsuits are about fault and it shows a lack of understanding about insurance law in this century. In every insurance policy you have a subrogation clause that gives the insurance company the right to sue whoever caused your loss. If you don't sue they will. It's all part of the contract you signed for health insurance, workers' compensation insurance and auto insurance.

Subrogation is defined in this way: Subrogation in its most common usage refers to circumstances in which an insurance company tries to recoup expenses for a claim it paid out when another party should have been responsible for paying at least a portion of that claim.

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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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Where is Sigmund Freud when I need him?

The way my brain works - Lombardi is having a brain aneurysm.

Maybe it’s my mother’s fault and how she raised me. Then again she’s too good a woman to be blamed for anything I do or think. I tell my friends I’m not able to say even 10% of what rattles around in my brain. The ten percent that does leak out of my mouth is normally filtered and repackaged before I dare utter much of it. Today I’m having an aneurysm over much of what I’m reading. So today I intend to dedicate The Iowa Edict to headlines and other idiocy.

Play this video while you read because there is a train coming down the tracks and sooner or later it’s going to run you down. They call the train no rhyme or reason.

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Is Hydraulic Fracting for Natural Gas the Next Big Class Action?

Fracting for natural gas is a process of drilling for energy to extract natural gas from the earth. Here is a pretty good explanation of the process.

Fracting is the process of pumping millions of gallons of water or chemicals into the ground to help extract natural gas from the earth.  The pressure causes the ground to fracture, releasing natural gases.

The Congress has exempted fracting from being regulated by the EPA. As a result it's up to individual States to monitor and to regulate. New York has the Marcellus Shale. Like New York this kind of geologic formation can be found across the United States. The process is important to America's energy independence, but isn't without controversy. Today's post is about such a controversy. In West Virginia a crew dug a water-well in someone's back yard. They could smell natural gas and now they can light the tap water on fire. Watch the video.  The same thing occurred in Candor, New York above the Marcellus Shale. This of course makes one wonder if fracting for natural gas will lead to liability over damages caused by explosions or poisoning of the residents. This man in the video has had the problem for three years and no one has investigated. Why?

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Are there too many lawyers or too many people with power using law to hide the truth?

workinprogress.jpgYes, I'm posting again. I was sleeping but then then I realized life was happening without me and I had to get up and write. Today is all about law school. The University Of Iowa College Of Law to be exact. A great law school with a fine reputation and some lousy contractors hired to replace the windows at the law school building.

"Most of us aren’t the slick stereotypical lawyer the politicians describe. Real life pi lawyers are more akin to gumshoe investigators hard working, harder nosed with hearts hardened by thousands of real life sad stories with no good ending."

Examination Question #1: Why does OSHA have a standard for fall protection?

It’s ironic that a worker who died at the Univ. of Iowa Law School may not have been wearing fall protection. After all fall protection is what the law requires. So why isn’t anyone talking about the facts surrounding his death? The ultimate answer is an explanation as to why he died and whether or not it was preventable. Yes, we know he is dead, but why? Was he wearing fall protection gear? Was a lanyard available? If one was provided and he wasn’t wearing it, why wasn’t he wearing one? Why was he being allowed to work without fall protection gear?  Is fall arrest gear required?  

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Balloons explode causing physical burns, but what about PTSD?

_GUF6008-Modifier.jpgAt the University of Iowa a staff person was injured when eight balloons exploded during transport.  The worker filled what is reported as eight balloons with either hydrogen or a mixture of hydrogen/oxygen, placed them inside a Ford Explorer and the explosion occurred when he opened a side door.  The worker is reported to be Dale Stille who was transporting the balloons as part of an educational science program with Hawk-Eyes on Science.

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Stop trying to talk like a TV lawyer!

OneL_med.jpgToday in the email bag was a question and although it’s a bit before 7:00 a.m. as I’m trying to understand what the person is asking me I have to wonder if I’m 30-years younger and going through the experience of once again being a 1-L. A 1-L is how we refer to first year law students. Scott Turow made a similar term popular in his book by that same name. Here is the question. Read it and see how far you can get before scratching you head and wondering, “What is he asking me?”

If a company providing services, in which those services are paid for and terms of service are placed in which the paying parties have signed an agreement to and said company does not deal with violators whom breech these terms of service where everyone is expected to adhere to in a timely fashion. Is said company in breach of contract due to negligence of protecting those very people who agreed to said company's contract?

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Varnum & Becker's Circus is coming to the Iowa State Fair

rakekniven-free-climb-519303-sw.jpgBecause it’s Friday the 13th I wasn’t sure what the subject of this post or the title to this post should be. Several ideas I had were:

  1. Guilty By Reason of Shooting the Popular.
  2. Varnum & Becker’s Circus is coming to the Iowa State Fair.
  3. If Mentally I'll, Be Smart, Shoot Only the Un-Popular, or
  4. It’s not popular to shoot the popular.
  5. An insane decision can make everyone in Iowa feel better.

Obviously number two won out over 1 and 3.

Now to the circus coming to town… ee-i-ee-i-oooo. Mark Becker did a terrible thing in killing Coach Thomas, but did that give us the right to do an equally bad thing like lock him up like a criminal for the rest of his life? I don't think so. I'm not sure what their mothers and fathers taught them, but mine taught that two wrongs don't make a right. In this case the jury tried to do just that. Mark Becker was insane and finding him guilty and not innocent by reason of insanity was insanely illogical. If you doubt this logical conclusion look at the insanity now taking place in where to place Mark within the Iowa correctional system.

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The Lawyer Can't Get You into Heaven; Fact is we aren't even trying.

Roman Statue.jpgYesterday we discussed lawyers providing estate and trust services to a man later charged with the killing of another man; the effect was to make the grieving widows efforts to enforce a civil judgment somewhat difficult. My point was that what the lawyers did was ethical and that it wasn’t the lawyers’ job to delve into the motives or reasons for the accused farmer asking for that legal advice. Today let’s go a step further with what the general public doesn’t get and seems it will never get because they aren’t schooled in the law. Let’s say the Iowa Bar Association’s ethics committee decided to investigate the lawyers who created the trusts and executed the transfers of titles for the accused farmer and his wife. Would they be successful in gathering evidence? No they would not. Because even if the Iowa Bar Association investigated the lawyers those lawyers under investigation would never be able to disclose what they had learned from the farmer and his wife at their meetings that took place following the killing. What a client says to a lawyer can’t be disclosed without the clients consent.  And it’s doubtful the client would ever consent to such a disclosure. It’s called the attorney-client privilege and it’s there to protect the client – which someday may be you.

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Reprint: If Lawyers Acted Like Priests We'd All Be In Trouble

Liverpool.jpgAll of this starts with two farmers, a gun and one ends up dead. The dead farmer's wife and estate sue the other farmer and are awarded a large judgment; one that includes millions of dollars in punitive damages. But the widow and estate have a hard time collecting the judgment because of estate planning and how the assets are held. The widow asks the Iowa Court to set aside the legal planning and to give her title to the assets as the transfers were made in anticipation of a judgment; reasonable minds might conclude from the article that the record indicated these transfers were done hastily just after the murder took place and before any criminal charges were filed in the murder case.

Then an editorial appears in the Des Moines Register saying the Iowa Bar Association's ethics committee should investigate the lawyers who's ethics allowed them do the estates and trust planning. The words used are "shell game". My understanding of the writer's point was that lawyer ethics should not allow lawyers to do such things. I'm sure this is a popular notion, but in reality it's a totally unrealistic point of view. Here is why.

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When politicians have no solution; they resolve to create distractions.

When it comes to wasting court and government resources no one need point the finger in the direction of injured people. Yelling for tort reform is the mantra of idiots who want nothing more than to protect the insurance war chest. This story from our neighbor to the south is about knowing how not to create jobs. I’m not sure why the proponents would choose a recession to argue for this one, but their opponents have the numbers. So let’s see what government waste is on the recent agenda of those who will waive the flag while flushing this country down the toilet.

It’s a war of words to divide and conquer.

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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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