January 30th, 2009

Linkworthy


Hayman & Kirshenbaum are the sort who make personal injury lawyers seem no better than common crooks and scoundrels.” Why did Mister Thorne write that? (And how fast did that law firm just kill its Google reputation by its conduct?) Update: Mister Thorne finds more in Part II)

Defense counsel conducts interviews of plaintiff’s treating physicians without permission, and a defense verdict results. Matt Lerner at New York Civil Practice tells you why the verdict was then tossed out by an appellate court;

Blawg Review #196 comes up from Down Under (for the 4th time) on Australia Day;

TortsProf has this week’s Personal Injury Law Round-Up;

When robbing banks, be careful about which paper you write showmethemoney (NY Mag, Intel);

Scott Greenfield sees changing comment policies at BigBlawgs (Above the Law, Balkanization, Concurring Opinions, Volokh, SecularRight), sees a drop in comments at his blog, sees migration to Twitter for some commenters, and wraps it all together in The Lifecycle of Comments. My comment policy remains as it has been for a long time: moderated. While it means less immediacy in seeing comments, it also keeps out the spammers and nuts.

And it was 25 years ago on Super Bowl Sunday that the single greatest ad ever created ran during the game. It was the one and only time 1984 ran on national television. But it lives on in YouTube.

Links to this post:

standing up for your legal rights
unless they’re your copyrights, in which case chicago’s personal injury firm of hayman & kirshenbaum doesn’t seem to be quite so particular (via turkewitz). more: mister thorne reports that h&k has now removed the cited material,
posted by Walter Olson @ February 04, 2009 12:06 AM

 

January 29th, 2009

NY Attorney Ordered Jailed/Fined For Failing To Release File (Updated)

Wow. You just don’t see this everyday. Attorney Kenneth Heller was representing someone who wanted to change lawyers. OK, that happens with some frequency.

But then he ignored successive court orders to release the file to incoming counsel, and Justice Howard Silver in the Bronx finally got disgusted and ordered him jailed for 30 days and fined $10,000 back in 2007.

Today, the First Department Affirmed that decision. Here it is:

Orders, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about January 26, 2007, March 9, 2007 and April 26, 2007, which, inter alia, held appellant, plaintiff’s former attorney, in contempt for failing to turn over his file to plaintiff’s successor attorney, authorized the seizure of the subject file, and sentenced appellant to 30 days in prison and a $10,000 fine, unanimously affirmed, with costs.

The finding of contempt and subsequent punishment and seizure order were warranted by appellant’s disobedience of successive court orders unequivocally directing him to turn over his file to plaintiff’s new attorney and the resulting prejudice to plaintiff’s right to a new trial in this action for maritime wrongful death (10 AD3d 46 [2004]; Judiciary Law 753[A][1]; see Matter of McCain v Dinkins, 84 NY2d 216, 226 [1994]). We note that motions by appellant asserting a retaining lien and seeking payment of his fee and disbursements prior to his turning over the file were denied in orders that were not challenged in a timely and proper manner and constitute law of the case. We have considered and rejected appellant’s other arguments.

Wowsa.

Update: Is this the same Kenneth Heller that was disbarred in 2004? How was he practicing law in 2007 if he was disbarred in 2004? The court wrote back then that, in addition to the charges before it, he had the following aggravating circumstances:

…respondent’s 24-year history of sanctions, which includes a 1999 private admonition from the Committee, sanctions by courts on five occasions since 1984, and sharp criticism by courts on at least six other occasions since 1980; respondent’s conduct during this disciplinary proceeding in ignoring evidentiary rulings, submitting evidence that had been ruled inadmissible by the Hearing Panel, and lacking candor in his testimony before the Referee; his persistent rationalizations in denial of his misconduct; and the lack of remorse or acknowledgment by respondent that his conduct was harmful and inappropriate.

A search of New York’s directory of attorneys only finds one Kenneth Heller, and it indicates he was disbarred.

See:

  • Attorney Disbarred for History of ‘Reprehensible’ Conduct (6/29/04, NYLJ);

    A 75-year-old attorney has been disbarred for what an appeals court described as a history of “reprehensible, unprofessional behavior” that included threatening judges, defying court orders and disrupting the legal process.

  • New York’s Most Obnoxious Lawyer (4/10/07, Village Voice)

    With so many jerks working as attorneys in New York City, you’d think there would be no way to determine who’s the single biggest pain in the ass. You could be wrong. The winner (or loser) is arguably Kenneth Heller.

Links to this post:

lawyer, jailed for holding client files, was disbarred anyway
the world’s worst bank robber, seen here yesterday, has a comrade in kenneth heller. heller was a local attorney whose client didn’t like the representation heller was giving her in a long-running case and switched lawyers.
posted by @ January 29, 2009 4:58 PM

 

January 27th, 2009

Blawg Review of the Year Nominations – 4 Days Left

While the 2008 web awards in so many categories are now history, there is one left: 2008 Blawg Review of the Year. A full list of the reviews from last year is available at that link, with a snippet of information on each to jog the memory.

For those who love Blawg Review, that weekly round-up of the week’s legal blogging, there are only 4 days left to nominate a review for best of the year for 2008. Nominations will be accepted until 11:59 PM on January 31st.

Who can nominate? According to the anonymous editor of the review, who is closely keeping tabs on the ballots:

Every blog that has ever hosted Blawg Review, or is scheduled to host an upcoming issue of Blawg Review, is entitled to post its nominations of as many of the qualified issues of Blawg Review (other than one’s own) as it wishes to acknowledge for consideration for recognition as Blawg Review of the Year 2008.

I posted my own list of the 11 best reviews of the year, nominating three of them for the award, based on the manner in which stories were told, since framing a story properly is a healthy part of what lawyers do.

So if you’ve done a review or plan to do one, the time is running out to put up your nominations. But wait, there’s more! If you nominate by midnight tonight, the editor will waive the shipping and handling of the nominations, and quite possibly, toss in a pocket fisherman, set of Ginsu knives and salad spinner.

 

January 25th, 2009

Twitter and The Age of Information Overload

Several people have suggested I join Twitter, the microblogging service. With a 140 character “tweet” or “twit ” you can send off a tiny little message to those that follow you. It’s all the rage now with blogging lawyers, and there’s 565 on this growing list. Heck even Barack Obama tweets (though the prior list somehow missed the First Lawyer).

But I’ve resisted. My brain is being swamped with information and my days seem to be getting shorter as I try to stay current:

  • I have 150-200 blogs in my RSS feed;
  • I have a local listserv that is, shall we say, exceptionally active in all things related to my practice;
  • I’ve joined Facebook, which I rarely visit, and when I do, I find out what people had for breakfast;
  • I’ve joined Linkedin, which I visit even less often.

I read hard copy magazines and newspapers. I write this blog. I’ve got a wife, two kids, a dog and a cat. I’m training to run another marathon, and organizing a 1/2 marathon trail race. And, oh yes, I have a law practice to run with clients to attend to.

The internet and the burgeoning social networks that it has spawned have made it possible to acquire information in ways that our parents never envisioned. Information now pours over the transom in an unprecedented deluge, being pushed and pulled in myriad ways.

But at some point I need to stem this tide. I’m not looking to retreat to a cabin in the woods, eating grubs to survive and working on an anti-technology manifesto, but I also don’t feel a compelling need to open every valve of the technology river. There are only 24 hours in the day, and yes, I like to also use some of them to eat and sleep.

It is true that there are times I would like to make a very short post, but a once-a-week round-up of linkworthy items on this blog seems to be efficient enough for that purpose. And I have to think that those that would “follow” me on Twitter already follow me their RSS feed or by subscription, so little would seem to be gained by way of a growing readership.

Twitter really seems like an updated version of a listserv, which has served me quite well over the years. I’ve previously covered that subject (The Million Dollar Listserv), writing that “The listserv may be the single greatest tool the solo or small practice lawyer has,” and if you don’t belong to one in your practice area, you really should find or create one. You can read that post to see why. Twitter doesn’t seem to improve on it in any meaningful way, and when you supplement the listserv with RSS feeds the ground is pretty well covered.

There are some that think Twitter’s great for breaking new stories, but that’s really nonsense. For example, some “credit” Janis Krums with using Twitter to “scoop” mainstream media with a first photo of the US Airways splash landing in the Hudson. Krums was on the first ferry to reach the plane. The WSJ wrote, “Notch another win for citizen journalism,” and the Daily News called his 15 seconds of fame “well-deserved.”

Why, on godsgreenearth anyone would think this is a “well-deserved” “win” of any kind and relevant to any serious issue of news reporting is beyond me. Why would it matter that someone twittered about a loaded airplane going down in full view of thousands of people on the edge of the biggest city in the country — other than to the guy who took the picture and spent his time twittering it to friends? Did Twittering save lives? Of course not. Rescue was already in progress.

While Krums was being lauded as a celebrity, I wanted to know why the hell he was spending time on his iPhone instead of asking the crew what he could do to help, getting life vests ready to toss overboard, looking for survivors in the frigid waters, and looking around to see where, if at all, there might be lifeboats that he might need to assist with. Obsessiveness to technology can also mean the difference between life and death.

And then there is LexTweet — a project of Kevin O’Keeffe’s Lexblog business that builds sites for lawyers — where the twittering is all about law. Or at least that may have been his thought when starting it. According to O’Keefe, “The community has already grown to over 1,500 members. But when I checked it out I found these pearls of twittering show up on his service:

Who wants to sort through this crap looking for substance? Thanks, but I have enough to do. Even if I knew these people I wouldn’t want to read this dreck.

Now I don’t blame O’Keefe for putting that content up, or even encouraging it. He’s the platform builder, not the content creator. But it doesn’t help to claim 1,500 twittering lawyers if these are among the ranks.

I’m not saying I will never Twitter. It certainly has its place as yet another method of information sharing. It’s just that I don’t see the need, given that I already can’t read all the information that comes in. And it doesn’t seem to be any improvement over a simple listserv or bulletin board with threaded subjects. And that type of technology was in wide use in the mid-90s.

Will Twitter help me acquire yet more information that I can’t get to, or assist me in sharing information that I might have? I don’t see how.

For more on twittering lawyers:

  • Twitter users going to LegalTech New York : Here’s a list (Kevin O’Keefe @ Lexblog),

    Here’s a list of Twitter users [53 and counting] I know who are attending. If you’re not on the list, leave a comment, or drop me a tweet at @kevinokeefe so we can get you on the list.

  • they’re all atwitter (we’re not) (David Giacalone @ f/k/a)

    Everywhere you look, well-known members of the blawgisphere (lawyers who have weblogs) are all atwitter, chirping excitedly about Twitter …At risk of being called a twit (or a throwback), the f/k/a Gang is preemptively opting out.

  • Blawg Review #186: The Twitter Wars (at the Res Ipsa Blog)

    Twitter, a cross between “social networking, blogging, and texting,” took center stage this week as legal bloggers debated the usefulness of the new networking platform. For a run down and the new technology and reasons why some attorneys are not embracing it [read the rest of the post with the links]

  • Twitter for Lawyers (David Harlow @ HealthBlawg)

    I’ve been twittering for a couple of months now, and the consensus seems to be that I’m just one of those bleeding-edge geeks with too much free time. I bet I would’ve gotten the same reactions from fellow lawyers if I had installed a telephone in my office back in the 1870s.

  • First Impression of The Lextweet Reflection (Greenfield @ Simple Justice)

    Kevin O’Keefe is always on the hunt for the next big thing, and what to do about it. His latest creation is Lextweet, billed as means to “follow legal community members who use Twitter to discuss the law and much more.” … But the biggest issue has nothing to do with Lextweet at all. The vast majority of twits are, how do I say this nicely, worthless to the general lawyer audience. Nothing personal, but intimate details of your personal hygiene don’t interest me. I don’t know your family (I don’t even know you) so it’s really of little concern what they’re having for breakfast. But this is what people twit about, and what shows up on Lextweet whether it matters or not.

  • How I Use Twitter — Let me count the ways (Grant Griffiths @ Blog for Profit)

    Since I spend some of my time visiting with real-world friends and business contacts and individuals online about twitter, I thought it might be time to provide a post on “how I use twitter.”

  • Sixteen Reasons to Tweet on Twitter (Robert Abrogi @ Law Marketing Portal)

    1. Expand your network. With blogging, writing, speaking and various bar committees, I consider myself pretty well networked. So I was surprised upon joining Twitter at how many new contacts I made, how quickly I made them, and their potential value to me as a professional.

  • Attorneys Flocking to Twitter for Marketing (Larry Bodine @ Law Marketing Blog)

    From where I’m sitting, 2009 will be the year Twitter becomes the major business development trend. Why?

Links to this post:

blawg review #203
on drunkenness oh drunkenness thou poison of society what a hydra headed monster art thou! like the pestilence thou walkest among the children of men and ruin follows with fatal precision in the tracks of thy footsteps.

posted by Geeklawyer @ March 15, 2009 8:00 PM

to twitter or not to twitter: that is the question for lawyers
over the past nine months or so, twitter, a micro-blogging service that enables users to communicate with each other in 140-character spurts has steadily gained traction with lawyers. some lawyers regard twitter as a bit of time sink in

posted by @ February 23, 2009 2:34 PM

twittering from the mediation table: social media come to adr
i recently joined twitter. twitter, for those of you not yet familiar with this social media tool, is a social and business networking, microblogging, and instant messaging service. messages sent via twitter are short, limited to 140

posted by Diane Levin @ February 05, 2009 4:50 AM

quickies and white lies
no, this post isn’t about guys who break-up with you just before valentine’s day. it contains a few follow-ups and forecasts about sex offender laws, schenectady’s felonious ex-police chief, the future of the legal blogiverse,

posted by David Giacalone @ February 03, 2009 10:37 AM

the (swift-sluggish-frozen-thawing-swollen-dammed) fickle river of
prof. yabut is almost sixty years old. by now, he should have resigned himself to the strange and subjective elasticity of time; or, at least ceased to be surprised by it. nonetheless, over the past few days, as january rushes/drags to

posted by David Giacalone @ January 31, 2009 5:32 PM

why do lawyers who don’t use twitter feel the need to diss twitter?
new york city injury lawyer eric turkewitz, who is not only a first rate plaintiff’s trial lawyer, but also a heck of a fine person, is the latest lawyer to question the value of twitter. eric doesn’t say he’ll never use twitter,

posted by [email protected] (Kevin) @ January 26, 2009 12:56 AM

why do lawyers who don’t use twitter feel the need to diss twitter?
new york city injury lawyer eric turkewitz, who is not only a first rate plaintiff’s trial lawyer, but also a heck of a fine person, is the latest lawyer to question the value of twitter. eric doesn’t say he’ll never use twitter,
posted by [email protected] (Kevin) @ January 26, 2009 12:56 AM

 

January 23rd, 2009

Linkworthy

“Our long national nightmare of peace and prosperity is finally over,” proclaimed The Onion on January 17, 2001 (via Crime and Federalism) How well did they do in their predictions?

Blawg Review #195 was hosted by On Being a Black Lawyer on MLK Day with a theme of Dream Realized;

Carolyn Elefant at her solo practice site My Shingle just gave away a computer. Do you want to know why?

The Second Circuit hears argument on New York’s attorney anti-solicitation rules, and shows skepticism (Law.com). Previously, my analysis as to how some lawyers walk around the ethics rules (New York’s Anti-Solicitation Rule Allows For Ethics Laundering and Must Be Modified);

New York Gov. David Paterson ignores my suggestion to pick recently-retired Chief Judge Judith Kaye as Clinton’s Senate replacement, and picks Rep. Kirsten Gillibrand after a ridiculously long review process that seemed designed to keep Paterson in the news;

And Steve Jobs is being investigated by the SEC regarding disclosures over his health. Will the SEC want his medical records? (Medical Quack) Can they get the medical records if Jobs doesn’t want to cough them up, given HIPAA? And did Jobs open the door to those records being released to the SEC by giving some information (but not all) about his health? Stay tuned, as you can bet we will hear more about that…