October 26th, 2007

More SoCal Attorneys Offering Up Free Legal Services

Yesterday California attorney Jonathan Stein offered free legal services to southern California fire victims. Today Stein says there are more:

Among the groups offering support are members of AAJ, CAOC, Consumer Attorneys of San Diego, Consumer Attorneys Association of Los Angeles, and United Policyholders, a non-profit group that helps insurance consumers.

His site has the details.

Links to this post:

check out…
…eric turkewitz’s new york personal injury law blog coverage of the growing number of attorneys and legal groups out in california that are offering to extend free legal services to fire victims. read about it here.
posted by Kia Franklin @ October 26, 2007 4:14 PM

 

October 24th, 2007

California Attorney Offers Free Help to Fire Victims

Jonathan G. Stein, a personal injury attorney with an office in Elk Grove, California, has offered free help to victims of the San Diego fires now ravaging the area.

In a blog posting earlier today, Stein said:

As much as we would all like to help, most of us are not trained in fire suppression. So, I am going to make an offer to the residents of San Diego: if you are a fire victim and you are not getting a response from your insurance company or they are low-balling you, call me. I will help you pro bono. (Yes, that means free.) Heck, if you just have a question and need a quick answer, call me or email me. I hope my fellow attorneys will step up to the plate as well.

J. Craig Williams at May It Please the Court discusses the dangers to his own home, and how media helicopters are interfering with firefighting efforts.

Update: Insurance Tactics and San Diego Fire Victims (Tort Burger – Hold the Reform)

 

October 23rd, 2007

Avis Tells Me Cease And Desist on Use Of Its Logo

Was my use of the Avis logo last month a violation of its trademark? I need to know because Avis hit me today with a cease and desist demand, asking that its logo be taken down from the old post.

The particular logo at issue, reproduced here at the right so you know what I’m discussing, was placed in my September 17 posting regarding a federal court decision: Car Rental Immunity Law Held Unconstitutional By Federal Judge. The law at issue had been the subject, I believe, of intense lobbying by the major car rental and leasing companies who had succeeded in getting immunity from vicarious liability slipped into a massive transportation bill at an early morning House-Senate conference. So when it was ruled unconstitutional, I thought that using the logos of Avis and Hertz was fair use in the context of the discussion.

Not so, says Fred Grumman, Associate General Counsel at Avis Budget Group, Inc. In a comment he left online earlier today regarding the logo, he wrote:

We have the greatest respect for your right to express your opinions on your blog, but that does not include the right to use Avis’ trademark as you have done in this particular piece.

Understandably, trademark law is not within your area of expertise. Therefore, we trust that this was done out of ignorance and not based on an intent to misuse our mark to the benefit of your personal injury practice.

We ask that you remove it immediately and refrain from any similar use in the future.

Now I will concede I am not the world’s greatest expert on trademark law, but it seemed perfectly fair to use in the context of major car rental companies lobbying for a law that was tossed out and is now headed to a federal appeals court. And I didn’t see how my use of the logo would cause confusion in the marketplace since I don’t rent or lease cars to anyone. While it is true some attorneys may have sidelines, like perhaps hair replacement, I most assuredly am not in the car business.

And so this post is an opportunity to seek some friends to help me grapple with the issue. Since my blog is not the only one that needs to wrestle with intellectual property issues and where lines get drawn, it seems ripe for public discussion. I am hopeful that someone, perhaps from this list (or elsewhere), might have a few opinions on the subject:

(Eric Turkewitz is most definitely not in the car rental business.)

Update, 10/29/07: Dear Avis (A Public Response To Your Trademark Complaint On My Blog)

Links to this post:

eric turkewitz of new york personal injury law blog [lexblog q & a]
eric turkewitz, the new york attorney and founder of the turkewitz law firm, is the featured interview subject for today’s lexblog q & a. aside from his legal work, eric also runs a blog, the new york personal injury law blog,

posted by rob@lexblog.com (Rob La Gatta) @ February 21, 2008 2:49 PM

eric turkewitz of new york personal injury law blog [lexblog q & a]
eric turkewitz, the new york attorney and founder of the turkewitz law firm, is the featured interview subject for today’s lexblog q & a. aside from his legal work, eric also runs a blog, the new york personal injury law blog,

posted by rob@lexblog.com (Rob La Gatta) @ February 21, 2008 2:49 PM

Blogging is Not Defamation
There is an interesting post over at the Kentucky Law Review blog. Interesting to bloggers that is. Turns out the court has looked at trademarks and bloggers but very few suits have been filed against bloggers.

posted by The Principal @ October 31, 2007 7:16 PM

ding dong – avis calling
it’s turning out to be a bit of an ip week… bill mcgeveran reports on avis, the car hire people, and their utterly unreasonable legal letters to blogger eric turkewitz (of the ny personal injury blog, mentioned in my blawg review

posted by Daithí @ October 30, 2007 1:22 PM

avis contests law blogger’s fair use of logo
last month, law blogger eric turkewitz of the new york personal injury law blog published this post about a judicial decision overturning a federal statute that’s relevant to liability of rental car companies.

posted by William McGeveran @ October 29, 2007 2:07 PM

berkman@10 in tech…nicolor
berkman alum william mcgeveran blogged about logos today over at info/law, the blog he shares with derek bambauer and tim armstrong, also berkman alums. and with perfect timing, bill has queued us up to display the new berkman@10 logo!

posted by @ October 29, 2007 9:38 AM

Avis tries harder…
but to do what is not entirely clear. As I picked up from the Trademark Blog, it appears that a lawyer representing Avis has told a legal blogger that he has no “right to use Avis’ trademark as [he did] in this particular piece.

posted by Rebecca Tushnet @ October 28, 2007 8:12 PM

avis contests law blogger’s use of avis logo in law blog article
in september, the new york personal injury blog reported on a court decision in which a federal judge held that a 2005 federal law that abolished vicarious liability for car renting and leasing companies. it illustrated the article with

posted by Marty @ October 28, 2007 1:34 PM

is this infringement?
read this and come back to post your opinion:
posted by marcorandazza @ October 24, 2007 1:17 PM

 

October 23rd, 2007

So How Did You Find Your Attorney? SueEasy!!!

A new legal website is in the making called SueEasy. It apparently hasn’t gone live yet, but let me be the first in the legal blogosphere to shred the idea as incredibly stupid. And further, that any attorney that participates for a personal injury case may be committing legal malpractice.

The story comes via Peter Lattman at the WSJ Law Blog a few days ago who got it from TechCrunch.

The website urges people to contact them with their complaints and post their confidential legal papers, and then attorneys they have never met, spoken with or vetted, will bid for their business and the winner will get the case.

Just think of the trial testimony, regarding conduct that takes place before any attorney-client privilege is created:

Defense Counsel: How did you find your counsel?
Client: I used a website called SueEasy.
Defense Counsel: What is that?
Client: I submit information to a website and lawyers bid for my case.
Defense Counsel: Lawyers you’ve never spoken with?
Client: Yes.
Defense Counsel: So your lawyer bid for your case before ever speaking with you?
Client: Yup.
Defense Counsel: Based on information you submitted before s/he was retained?
Client: Yup
Defense Counsel: And xyz wasn’t in the packet of information you sent in to SueEasy, was it?
Client: No.
Defense Counsel: So your lawyer was asking for this case without even knowing about xyz?
Client: Yes.

This kind of crap, presented ever so briefly here, can easily go on for a half-hour or more, all about how the client used some anonymous website — that pitches how easy it is to sue a company or person — provided limited information, and found an attorney willing to bid on the case on that basis.

If one is looking to distract from the merits of a personal injury case and help drive a nail into its coffin, then using such a website is a great idea.

According to TechCrunch:

The site is kind of a reverse directory for lawyers that’s sure to be a haven for personal injury lawsuits.

The biggest beneficiaries will no doubt be defense lawyers and insurance companies who will have a field day with anyone caught using such a system. Any case that is close on the merits is surely likely to suffer from any halfway decent cross examination.

And I think that any practitioner that uses it should make sure their professional liability premiums are fully paid up. While the client may not know better, the attorney should.

Addendum, 10/24/07:

(Eric Turkewitz is a personal injury attorney in New York)

Links to this post:

is sueeasy the worst lawyer idea ever?
cross posted from new york personal injury law blog: when i first heard about sueeasy, i thought it was an april fool’s joke. but it was october when it first appeared as a development concept (see 10/23/07 post: so how did you find

posted by Eric Turkewitz @ April 18, 2008 9:38 AM

october 25 roundup
lawyer for mothers against drunk driving: better not call yourself mothers against anything else without our say-so [phoenix new times]. ohio insurer agrees to refund $51 million in premiums, but it’s a mutual, so money’s more or less
posted by @ October 25, 2007 1:07 AM