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Archive for December, 2010

Avvo Top Blogs

Wednesday, December 15th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

The Maryland Injury Lawyer Blog is now ranked #61 on the Avvo Top Legal Blogs.

Okay. This is an honor that will be hard to put on a t-shirt. For lots of reasons. But if you look at the 60 blogs ahead of us, there are few personal injury related blogs. So, I'm pretty pleased about that.

This news is particularly sweet because I get snubbed every year by the ABA's list of top 100 legal blogs. My goal in writing this blog is to develop a readership base, not to develop a client base. So I don't need to win an Oscar, I'm thrilled to win the People's Choice award. (Note to ABA Blog People: I don't really mean this. Pick me next year. Please.)

Avvo simply uses Alexa to compute the rankings. There is no doubt that Alexa's ability to rank legal blogs and other websites is somewhat flawed. But I do think Alexa is a decent barometer. If you look at the 60 blogs ahead of the Maryland Injury Lawyer Blog, you will see they are mostly very good blogs.

So there.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Attorney at Work Delivers Daily Ideas for Lawyers

Thursday, December 9th, 2010

By Amazing Firms Amazing Practices, Gerry Riskin.

I am honoured to be in the esteemed company of the publishers and advisors of Attorney at Work that promises “One Really Good Idea Every Day”

There is no cost to subscribe and the ideas will flow starting in January.

I recommend that you subscribe now

Congratulations in particular to my long time friend, Merrilyn Tarlton who conceived this idea with Joan and Mark Feldman

 

Originally posted at Amazing Firms Amazing Practices. Please visit http://www.gerryriskin.com/.

Refer Your Personal Injury Cases to Us. Seriously.

Thursday, December 9th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

The Insurance Journal reports a rise in legal malpractice claims. Incredibly, there has been no hand wringing about increased malpractice rates for lawyers or fears that lawyers will no longer be able to keep their practices open as their insurance rates rise. We have never had a legal malpractice claim yet our rates continue to increase. No one cries for us.

A part of the rise in the number of legal malpractice claims is countersuits against lawyers who are suing their clients to pay their bill. But I think the larger problem is what the article calls "door law," a phrase I have never heard before but I really like. Door law is when lawyers take any client who walks through the door who might generate a fee. When law firms step outside their areas of expertise, bad things are going to happen.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Personal Injury News Roundup

Tuesday, December 7th, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

  • The Baltimore Injury Lawyer Blog on the difference between how accident lawyers handle truck accident claims and how they handle car accident claims
  • The New York Personal Injury Law Blog writes about infamous Stella Liebeck of McDonald's coffee spill fame. Apparently, there is a film at Sundance on Stella Liebeck that offers the real story on the McDonald's coffee spill case and what it was all about. (My favorite movie at Sundance? Queen's Boulevard starring Vincent Chase. Great film! Better than Aquaman in my opinion). Personally, I don't care about the real facts in Stella Liebeck's case anymore. It was 18 years ago. Who cares anymore? I think it is a sad commentary that a case this old is a rallying cry. Tort reform folks need better writers. We have a jury system which is invariably going to lead to some injustices because humans are human. Grab on to those examples and quit focusing on an 18 year old case you have misunderstood anyway.
  • DePuy hip replacement recall lawsuits find a home in an MDL in Ohio. I was hoping the cases would get transferred to New Jersey under Judge Susan B. Wigenton. Why? Because DePuy didn't want that. So it must be a good thing.
  • Choosing between the LSAT and your grandmother's funeral (Above the Law).
  • Soon-to-be Anne Arundel County Circuit Court Judge Alison Asti has a controversial fundraiser that I don't think is that big of a deal.
  • The South Carolina Lawyer Blog reports on a settlement with Crocs, Inc. after a man was injured while wearing Crocs on an escalator. Plaintiff's lawsuit claimed that Crocs are "prone to entrapment when pressed against the skirt guard of step riser." My wife hates them but I have Crocs. I figured they were prone to entrapment when pressed up against a moving escalator. Phillip Howard should immediately call a press press conference to announce that this case is bigger than Stella Liebeck.
  • Sean Wajert makes a decision for Dechert on the Mass Torts Defense Blog: the law firm does not want any business from the City of San Francisco. Big firm or not, I'm glad Sean is willing to speak his mind which makes his blog a good read even though I often disagree with it.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Remarks to new Georgia lawyers

Friday, December 3rd, 2010

By Atlanta Injury Law Blog , Ken Shigley.

This morning I had the privilege of speaking to the mass swearing in of new lawyers in Atlanta. Here's a link to the video and, slightly different, what I had planned to say:

Bar Admission Ceremony

Fulton County Courthouse

December 3, 2010

 Good morning. I’m Ken Shigley, president-elect of the State Bar of Georgia.

 On behalf of 42,000 members of the Georgia Bar, welcome to the profession you have invested so much time, effort, student loans and parents' money to enter during this Great Recession.

 All Georgia lawyers are members of the State Bar, through which our profession governs itself.  I urge you to take advantage of the networking and growth opportunities in the Younger Lawyers Division and 43 practice area sections.

 Of immediate interest, you get free computerized legal research as a member benefit, now Casemaker, switching to Fastcase next month.

 I want to make 3 points.

 1.         See your profession as a high calling.

 2.         View  admission to the bar as the beginning of a lifetime of learning.

 3.         Keep balance in your life.

 First, calling.

 Few careers offer as much potential for meaningful service as law.  Most of us started law school with a spark of idealism and optimism. That is tempered by experience, but rather than sinking into cynicism, cultivate a mature sense of high calling. That may lead you in amazing paths you cannot now imagine. 

 The Rules of Professional Conduct and professionalism standards are necessary guides, but no substitute for character. Build upon the moral lessons from your families,  scoutmasters and clergy.

 Remember that our biggest mistakes are mathematical. We miscalculate the brevity of life and the length of eternity. Explore how your own faith tradition relates to your role as a lawyer.

 Embrace your opportunities to work with hurting people, and to be a problem solver rather than just a gladiator.

 Explore the classic virtues: prudence, fortitude, justice, temperance, faith, hope & love.

 Second, lifelong learning.

 Law schools teach law as an academic discipline but don’t teach you how to practice law.

 Admission to the bar is just a starting point for that.

 You will make mistakes. We all do. Don’t be afraid to recognize your daily mistakes and learn from them.

 Many of the best minds in the profession are at your disposal, so seek out good mentors and be aggressive about continuing education. The Bar’s Transition to Practice mentoring program and mandatory CLE are minimums for licensing. You must go far beyond that to excel.

 You are entering the legal profession at an extraordinary time. Technology, economic stress, and global market forces will produce more change in our profession in the next decade than in the past century. You will see new business models for law practice, international outsourcing of legal work, and billing structures that create incentives for efficiency. The billable hour will cease to be the norm for law firms.

 You need core competencies that law schools do not teach – in communication, strategy, quantitative skills, cross-cultural work, project management and leadership.

 You must continually master new knowledge – including science and technology --in the subject matter of your legal work.

 If you are able to surf the wave of change, you can do very well, developing innovations I can’t foresee. If you do not continue learning, you will be toast.

 
Third, balance. 

In a study of clinical depression in 104 occupational groups, lawyers were #1.   13% of lawyers consume 6 or more alcoholic drinks per day.  Mental health and substance abuse issues are present in most lawyer discipline cases.


The State Bar has a Lawyers Assistance Program for lawyers who get on that slippery slope, but prevention is better than treatment.


Be your brother’s and sister’s keeper. If you have a colleague who has a substance abuse problem, contact the Lawyers Assistance Program to arrange an intervention. I wish I had done that for one of my buddies from high school days, whose drinking impaired his judgment. He plead guilty to a felony and was disbarred.


So put the daily grind of work and the economic distress in a larger context, cultivate that sense of calling.

 At the risk of sounding like your mom, eat right and get enough sleep and exercise to maintain physical and mental health. If you neglect that over time, the long hours and stress of law practice can be deadly.

 Maintain healthy interests outside the law.  A weekend camping in wilderness lowers my blood pressure about 20 points.

 Keep room in your life for the people you love.  No success at work is worth failure at home.  At the end of this earthly sojourn, you won’t regret time spent with your family rather than at the office.

 So, view law as a calling, keep learning, and keep a healthy balance in your life.

 And if you know someone who is run over by a tractor trailer, call me. With two kids in college, I need to make a living too.  We can both do well.

God bless you all.

 

 

 

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liabilitybrain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and Sally Shigley have been married 27 years and are proud parents of Anne Shigley and Ken Shigley, Jr.  This post is subject to our ethical disclaimer.

 

 

 

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

New CSA Venue Decision

Thursday, December 2nd, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

The Maryland Court of Special Appeals decided on Thompson v. State Farm, a bad faith claim against State Farm that arose out of a car accident in Millersville, Maryland in Anne Arundel County. At issue is a common battleground in Maryland car accident cases: venue. A regular issue that is usually, but not always, decided in favor of however the trial judge sees it.

State Farm won the case and the CSA sided with the trial judge. This was, however, anything but a garden variety venue case. This case involved an appeal of a Maryland Insurance Administration finding that State Farm had not committed bad faith which made the venue issue that much more complex. As I talk about below, the court gets into the two bad faith statutes and begins what I don't suspect will be the first appellate effort to sort through them.

Plaintiff's lawyer was the well respected Debbie Potter, from the Jaklitsch Law Group. Debbie was doing what good accident lawyers do, trying to get venue in a favorable jurisdiction. Her argument was that venue was proper in Baltimore City because State Farm does business in Baltimore City and State Farm could not point to anyone who would be inconvenienced by deferring to the Plaintiff's choice of venue. (Liability for the car accident was not in dispute so, arguably, the location of the accident or the domicile of the at-fault driver should not enter into the calculus.) In fact, for any bad faith case against State Farm any State Farm witnesses would likely be coming from Owings Mills (where State Farm houses its adjusters). Obviously, the argument goes, Annapolis is further from Owings Mills than Baltimore City.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Eliot Spitzer is a Professional Lawyer

Thursday, December 2nd, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

One of the highest praises you can give to a baseball player is to call him a "professional hitter." Tony Gwynn was a professional hitter. It is another way of saying, "That guy is a pro."

I was watching an old CNN rerun of Parker-Spitzer this morning on the treadmill. (Note: I'm lying here. I was watching Jon Stewart.) Spitzer was interviewing Senator-elect Rand Paul who was pushing for budget cuts but will only discuss items he won't cut. Say what you will about Spitzer's personal life. (I'm pausing waiting for you to finish. You done? Okay.) But that guy is good and you can see how he got to where he did. After watching what was essentially Spitzer's cross examination of Paul, I turned to my wife and said, "Eliot Spitzer is a professional lawyer."

You can watch the interview here.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.

Maryland FELA Appellate Decision

Wednesday, December 1st, 2010

By Maryland Injury Lawyer Blog, Maryland Injury Lawyer Blog.

The Maryland Court of Appeals reinstated a wrongful death accident lawsuit today, finding in a 6-1 opinion that a Baltimore City trial judge erred in failing to give an instruction on the inapplicability of assumption of the risk in FELA cases. The case involved a man who was killed when the mounted roof of his work vehicle came into contact with an energized wire.

I just took a quick look at the opinion. I will write more here if I find anything of particular interest.

Originally posted at Maryland Injury Lawyer Blog. Please visit http://www.marylandinjurylawyerblog.com/.