Yesterday, I took my restored 1983 Porsche Cabriollet out for a spin. I’ve always loved this car, but some of its aging has caused me to enjoy it less. No more! It’s as fit as new, even with a new coat of paint.
I returned to the car from an appointment. As I was standing there, opening the door and getting ready to get in and return home, a garbage truck pulled up next to me. All kinds of images went through my head, but I certainly didn’t expect what happened next.
In today’s WSJ, there is an article about a blogger being sued for defamation. There is greater leeway for "reporters," and this may be a threshold case. Is a blogger a "reporter" or "journalist" that would provide the writer with greater latitude? But, even reporters cannot defame others. As a regular blogger, I will be interested in the outcome of this case.
I just received this note from a Michigan Circuit Court Judge … Her comments are well taken.
I am a Circuit Court Judge in Lenawee County. I want to thank you for your comments in the May 18, 2009 Michigan Lawyer’s WeeklyCoach’s Corner encaptioned "Arrogance Of Lawyers."
I grow increasingly concerned about the inability/unwillingness of people to accept responsibility for their actions or their failure to act in many cases. I served as a Probate Judge before being elected to the Circuit Court. I know our adults are sending a dangerous message and setting a bad example for our children. I have often said "accept responsibility for your actions, put on your big girl/boy pants and move on."
Thank you for summing it all up. I will investigate your other writing at the Lawbiz website.
Maurice Vincent is the CEO of In-House Litigation Support Services which provides a full suite of Attorney services and litigation support that allows law firms and internal counsel to outsource these areas cost effectively. This type of service allows law firms to focus on their core competencies. Maurice, in our interview, first defines the term, “litigation support,” and then describes what litigation support providers should be doing for law firms. Ed draws from Maurice how law firms can save money and better serve their clients while using this “out-sourced” service.
Lawyers have among the highest suicide rate of all professions, after cancer and heart, and 6 times the rate of the general public. Most at risk are attorneys between the ages of 48 and 65. “Significantly, suicide accounted for 10.8 % of all deaths.”
Many suicides come because of the intense pressure on lawyers to succeed, both financially and “professionally,” and after some disappointment such as being laid off or losing a major trial.
I noted in earlier writings that lawyers have a difficult time accepting rejection, a feeling that occurs almost every time a major effort such as a trial or important negotiation occurs. Sales people, on the other hand, accept rejection as part of their daily lives. In fact, the mantra for sales people goes something like, “Each ‘no’ is one step closer to ‘yes.’ And, it takes 9 no’s to get to one yes.” What a powerful culture. Lawyers’ culture of perfectionism and elitism, on the other hand, creates much of the difficulties of the profession.
What would the impact be, for example, if we were to say to ourselves that we cannot fix every problem or challenge presented to us by clients? What if we were to say that it’s the client’s issue, that we will do our best, but that, in the end, it’s still the client who got himself into the pickle barrel?
It’s "never pretty" to sue a client. One could be brougt before the state bar disciplinary board, could face a counterclaim for malpractice, and could find one’s malpractice insurance premium increased, not to mention bad publicity.
That is why it is so important that the lawyer be ever alert. That means that the lawyer must carefully go over the engagement agreement with the client during the intake session, including having the client acknowledge that the client has an obligation to pay the billing timely and that the relationship is a two way street.
Also, it means that the lawyer should not continue to work for a client who doesn’t honor this commitment. As I said to a group here in New Orleans today, your first loss is your best loss. When you see that the client isn’t paying timely, why would you continue to work.? Withdraw! (In accord with the RPC)
Otherwise, you’re rewarding poor behavior. Would you do similarly with your children? On second thought, perhaps that’s the problem. But, in this case, you must ask the question: Would you rather work and not get paid, or would you rather not work and not get paid? The choice is yours.
At least one law firm gets it! They have created an internship program rather than delay the entrance of its new 37 hires. Great idea in development. Best wishes to Drinker Biddle for their efforts. See additional commentary on this.
I just met with my banker and she told me of a new program that is very significant for many.
As you know, FDIC insurance protection was available up to $100,000 per customer; for the first time in 28 years, Congress changed this to $250,000. And then, for clients trust accounts, the FDIC instituted a new regulation that stated all clinets’ trust accounts, under certain guidelines, could be insured without limit.
Now, the FDIC has instituted yet another change … only for certain banks that make application and are approved. The FDIC will insure all non-interest bearing accounts without limit. This will even allow you to transfer funds from an interest bearing account to a non interest bearing account, and then be protected for the full amount.
Check with your bank to find out if you can get this added protection in these uncertain times. The program is scheduled to extend through December 2009, though it’s suspected that the program will be extended further.
