Hoosier Lawyer

ISBA Website Offers Technology Help for Lawyers

Technology is a tremendous tool for lawyers, particularly solos and those in small firms.  But it can also be a maze where you can get lost and seemingly never find your way out.

Well help is as near as a mouse click.

A technology website has been launched by the Law Practice Management Committee (LPM) of the Indiana State Bar Association.  The site provides technology resources on billing, litigation, research, paperless office, disaster recoveryry.

This is the first step in a comprehensive Law Practice Management website that the LPM Section is implementing.  The next section is on hiring, training and terminating personnel, and will be premiered at the Indiana Solo & Small Firm Conference, in Bloomington, June 1-3

Check out the LPM's website.  You'll find it useful.

Marketing Your Practice -- Website Offers Extensive FREE Resources

Not every marketing idea is a great one.  For example, the 1-800- P-I-T-B-U-L-L campaign of a Florida law firm that landed the lawyers in ethical trouble (click on photo for larger view).

But  if you ever think about marketing your practice (that would be everyone), and you want to do it the right way, there is a great website for you -- and it is all FREE!

Lawyer Marketing Advisor is the website of legal marketing expert Trey Ryder.  His site is a tremendous resource for marketing tips for lawyers.  Just a sampling of the articles on his website includes:  How to Build Your Law Practice With Dignity, Design Your Client Agreement as a Legal and Marketing Document; 11 Bad Business Practices That Undermine Your Marketing Program; and 17 Fatal Marketing Mistakes That Lawyers Make.

Take a look.

If You Do Trial Work, Check Out South Carolina Trial Blog

If you do trial work at all, you owe it to yourself -- and your clients -- to check out South Carolina Trial Blog.

This blog is the remarkable product of  Dave Swammer, an eclectic South Carolina solo practitioner. In addition to an active personal injury trial practice, he has a computer consulting business and speaks frequently on practice management, legal technology and trial advocacy

Despite the name, the blog has little to do with South Carolina law, and is instead a continuing course on improving your trial advocacy skills.  The posting on this list are nothing short of mini advanced trial practice seminars -- and like all blogs, it's free! 

Some recent topics include:  15 Key Deposition Techniques in a Medical Malpractice Case; Maryland Personal Injury Attorney Help Center;  and Great Closing Argument to show that Client Only Gets One Trial

Check this out.

Typos -- A Void At All Costs

Typos – those hated little gremlins that seem to hide in our motions and briefs – until after they are filed.  Then they seem to stand out as if printed in red bold face type. (Of course, there are worse things than typos in a motion -- click on photo above for larger view).

Typos were a recent topic on the Solosez listserve – the ABA’s e-mail list of solo and small firm lawyers.  Here are some of the real life examples that, like watching “America’s Funniest Videos”, make us laugh and cringe at the same time.

Attorney’s Affidavit states:  "The defendant has been damaged substantially and momentarily by the aforesaid conduct of the plaintiff . . . ."

Complaint which asserted that the Plaintiff  was injured while in the "curse and scope of her employment."

A divorce pleading which accused the wife of an affair with her neighbor while the husband was working from  "dawn until dust!"

A brief which intended to refer to  "the compilation of the evidence" came back from a young secretary as "the copulation of the evidence"

An interrogatory seeking information as to:  "What is your average weekly rage?"

And finally, a lawyer’s thank you note which concluded: "Thank you for sending the cookies.  They were enjoyed by Al."

Car's "Black Box" Information Is Property of Car Owner

Many people are still unaware that nearly all new cars contain a "black box" computer that records data on the operation of you car.  In the event of an accident, the "black box" will show such information as speed, acceleration, braking and air bag deployment for the 30 seconds preceding an accident.  For an example a read-out of the information contained in a car's "black box", click on the image at left.

For a number of years, car manufacturers and insurance companies have been downloading this information, many times without the knowledge of car owners. 

But the North Dakota Legislature has stepped up with a much needed new law that requires car dealers and rental car companies to disclose the presence of these "black boxes,"  and declared that the information contained in them is the property of the car owner who has control over its dissemination, subject to disclosure by court order . For a look at the statute, CLICK HERE.

By passing this legislation, the North Dakota Legislature has preserved both privacy from unauthorized corporate spying, and the owners' property interests in the vehicles which they have purchased. 

Hoosier car owners deserve this same type of protection.  Here's hoping that the  Indiana General Assembly takes note and enacts a similar statute.

Lobbying Is Simply Out Of Control !

We've all read the stories about Congressmen running for cover in light of lobbyist Jack Abramoff pleading guilty to bribing Congressmen. But just how far the  "People's House" has become the "Lobbyists' House" wasn't clear to me until I read a post by Dallas attorney Bob Kraft. in his blog, Bob Kraft's P.I.S.S.D., which pointed out the furry truth as reported in the Washington Post.

Lobbying is so out of control that now there is even a pet-medicine lobby!  The Animal Health Institute, which is nothing but a trade group for manufacturers of pet medicines, has hired lobbyists to sway Congress to protect "us" against regulations and lawsuits against the pet medicine industry.

My Gawd!  If we don't take action soon, there will be a veterinarian malpractice insurance crisis!

Checkers lives ! ! !

Article Explores "Going Solo"

The Washington D.C. Bar Association has published a very informative article about Going Solo.  If you are a solo, or you are thinking about becoming a solo, it's a good read. 

Thanks to Carolyn Elefant's blog My Shingle for pointing this out.

What To Do With Old Law School Books

Ever wonder what to do with your old law school books?  Well one blogger had the nerve to do what most of us think about, but don't do.  CLICK HERE to see the results.

Hoosier Lawyer Awards for 2005

It's time to recognize some notable -- and less than notable -- achievements in 2005 with the First Annual Hoosier Lawyer Awards.  Here they are:

Hoosier Lawyer of the Year -- Chief Justice John G. Roberts   How can you not give this award to a Hoosier schoolboy who is appointed Chief Justice of the United States.  Roberts impressed everyone, including senators from both sides of the aisle, with his incredible knowledge of constitutional case law, poise and confidence in answering questions, and a sizable dose of Hoosier common sense.  Here's hoping he lives up to the promise of his confirmation hearings.

Hoosier Judge of the Year -- Judge David F. Hamilton, United States District Court for the Southern District of Indiana.  Judge Hamilton has shown a considerable talent on the bench, and his opinions are among the most well-reasoned and best-written I have seen.  But his courageous, and absolutely correct, decision in the Indiana General Assembly prayer case is worthy of particular mention.  The real shame is that our legislators continue to waste time, effort, court resources and taxpayers money on these inane cases, all so that certain legislators can stand before television cameras and try to make the courts whipping boys for their next political campaign.

Most Important Case of the Year Award -- Terri Schiavo litigation. This gets the Award, but not for the reason you might think.  Political opportunists, cable network commentators, and Congress made a travesty of what should have been essentially a private matter.  But beyond the hyperbole and posturing, the case did heighten awareness among the public in the need to make your final wishes known.  This is the true value of this case. Lawyers across Indiana and around the nation reported many more requests for Living Wills.  Hopefully the increased use of Living Wills to express one's wishes in the event of such awful circumstances, will reduce the likelihood of future Schiavo cases. 

Least Important Case of the Year Award -- Michael Jackson Trial.  If you measured importance of cases by television time and magazine covers, this case would be second to O.J. Simpson as the most significant case in legal history.  But the fact of the matter is that it had no importance to anyone except the peculiar former-Hoosier who stood accused, and the persons that surrounded him.  Who cares if the King of Pop dances on a car outside the court, or shows up in court in his pajamas?  Slap him with contempt and go on.  Is anyone else tired of the cable networks filling up their time with this garbage while ignoring the  issues that really impact people?

Why I Don't Practice Family Law Award --  A Dutch court ordered a divorced couple to divide and share the ashes of their daughter after the parents fought for five months over their daughter's remains. 

Stupidest Decision By a Judge -- Santa Fe District Judge Daniel Sanchez, who last month issued a restraining order against Hoosier native and national talk show host David Letterman to prevent him from tormenting a new Mexico woman through "secret signs" delivered during his nightly monologue.  New Mexico resident Colleen Nestler alleged that for more than 10 years, Letterman has used code word (such as "Oprah"), gestures and "eye expressions" to convey his desire to marry her and train her as his cohost.  The Judge actually GRANTED THE INJUNCTION! Fortunately someone in New Mexico finally had an attack of sanity, and the injunction was revoked.  If you don't believe this, CLICK HERE for the story.

Stupidest Thing Said By A Really Smart Person Award --  Judge Richard Posner, 7th Circuit Court of Appeals.  Judge Posner seems to have let his conservative desire to shore up President George Bush get ahead of his oft-times formidable brain.   Judge Posner wrote an op-ed article in the Washington Post titled "Our Domestic Intelligence Crisis", which he followed with an on-line discussion and a national television interview, in which he stated that President Bush's program of spying on U.S. citizens without warrants was legal and acceptable.  Judge Posner saw "no problem" with wiretap searches without warrants because the President was dealing with the threat of terrorism. 

First, Judge Posner should not have been speaking on matters that could possibly come before him on the bench.  Already, lawyers representing accused terrorists are lining up to assert the wiretaps as violations of the 4th Amendment requiring dismissal of charges against their clients.  During the confirmation hearings of Chief Justice Roberts, we all heard ad nauseum about how judges should not comment on matters that could come before them on the bench.

Second, Judge Posner clearly is wrong -- and he probably knows it.  Not only did his comment totally disregard the specific language of the Fourth Amendment, but he also ignored binding U.S. Supreme Court precedent.  U.S. v. U.S. District Court, 407 US 297 (1972). In fact, recently Judge Posner authored a stinging opinion chastising the Immigration and Naturalization Service for its arbitrary exercise of power without judicial oversight.