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Archive for the ‘Guest Blog’ Category

Michael Jackson and Prosecuting Doctors for Killing Patients

Thursday, February 11th, 2010

The day after Michael Jackson died I speculated about a very rare prosecution; that of a doctor for the death of a patient. I later explored two other risks that Dr. Conrad Murray faced, one for malpractice and one for his license (see: Michael Jackson: Malpractice or Manslaughter (Or Something Else?). Now Dr. Murray has been charged with involuntary manslaughter, clearly the most significant of the three risks.

With the concept of such rare criminal prosecutions firmly in mind, we re-visit the death of a patient 17 years ago at the hands of a New York doctor in this guest blog by Eric Rothstein. He was a young prosecutor in the office of the Queens District Attorney that charged Dr. David Benjamin with second degree murder.
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By Eric Rothstein

The news that the Los Angeles County District Attorney has charged Conrad Murray with Involuntary Manslaughter in connection with Michael Jackson's death has people debating whether his actions warrant a criminal prosecution, in addition to a potential wrongful death suit by Jackson's estate and possible revocation of his medical license. The decision to criminally charge Dr. Murray is rare, but not unprecedented.

In 1993, a grand jury in Queens County, New York, charged Dr. David Benjamin with Murder in the Second Degree after his 33 year old patient, Guadalupe Negron, died due to complications from a botched and illegal abortion that he performed in his storefront medical office. Dr. Benjamin was thought to be the first doctor charged with murder in New York State due to a patient's death during a medical procedure. At the time of Mrs. Negron's death, Dr. Benjamin's license to practice medicine was in the process of being revoked for "gross incompetence and negligence" in five previous cases in which the women he treated suffered life-threatening perforations to their uteruses -- the same injury that led to Mrs. Negron's death.

Mrs. Negron learned of Dr. Benjamin's clinic from a newspaper advertisement in a Spanish-language newspaper. She paid Dr. Benjamin $800 for the abortion because she needed to go to work to help support her four children, three of them living in Honduras.

The evidence at trial showed that Dr. Benjamin performed a second-trimester abortion; Mrs. Benjamin was likely between nineteen and twenty weeks pregnant at the time. The abortion procedure lasted between one hour and fifteen minutes and two hours. Because there are greater risks involved in performing an abortion on a woman who is between nineteen and twenty weeks pregnant than in one in the first trimester, heightened safety measures were required. However, Dr. Benjamin did not adjust his procedure to account for the increased risk. During the procedure, Dr. Benjamin caused a three-inch laceration, extending from Mrs. Negron's vagina through her cervix, which perforated her uterus. The perforation of the uterus caused massive bleeding.

Following the abortion, Dr. Benjamin had Mrs. Negron wheeled into the recovery room while he performed another abortion even though she complained of feeling ill. Following such an abortion procedure, appropriate medical practice requires that the patient be monitored by trained medical personnel every five minutes for at least an hour. Dr. Benjamin ignored Mrs. Negron for at least one hour and there were no other trained medical personnel, no equipment to monitor her vital signs and no established emergency procedures.

After approximately one hour and ten minutes, Dr. Benjamin reexamined Mrs. Negron, who was cold. Dr. Benjamin's receptionist called 911. In a panicked attempt to revive the victim, Dr. Benjamin inserted an air tube into her esophagus, rather than her trachea. When the paramedics arrived, Dr. Benjamin falsely informed them that the abortion was performed without complications. When Mrs. Negron was lifted off the examining table to be transported to the hospital, about a liter of her blood remained on the table. In the end, Dr. Benjamin compounded his botched abortion by misleading paramedics about what happened.

After being convicted by a jury, the Judge sentenced Dr. Benjamin to 25 years to life in jail. Having exhausted his appellate rights, he remains incarcerated in a New York State penitentiary.

As part of the District Attorney's investigation, the Office executed a search warrant at Dr. Benjamin's office. I was a young Assistant District Attorney at the time and was present when the warrant was served. While I do not remember everything, I do recall the blood stained couch where Mrs. Negron rested following the procedure and seeing what appeared to be dirty instruments strewn about in various places in Dr. Benjamin's facility. I definitely remember feeling sorry for the people who had no other options but to turn to this storefront abortion clinic.

Though rare, prosecution of physicians is sometime appropriate. Dr. Benjamin's actions showed depraved indifference to human life and thus warranted the murder charge. It is probably safe to say that we have yet to learn all the facts in Dr. Murray's case. However, Dr. Murray allegedly gave Mr. Jackson propofol, a powerful sedative that is not supposed to be used outside of a hospital setting and needs careful monitoring, which a coroner determined caused Jackson's death with other drugs as contributing factors. Legally, Dr. Murray's alleged degree of culpability appears much less than Dr. Benjamin's. Hence, the lesser charge. Nevertheless, if Dr. Murray prescribed Mr. Jackson a powerful sedative that is not supposed to be used outside of a hospital and then failed to adequately monitor his condition, the prosecution appears warranted. If convicted, Dr. Murray faces a possible maximum four-year state prison term.

FindLaw – How To Leave and Save Your Reputation (and Money)

Wednesday, January 13th, 2010

Today I have a guest blogger that shows you how to save thousands of dollars a year. Those savings take place if you made the mistake of hiring FindLaw as your law firm's marketing company (or are contemplating doing so).

The company hit my radar big time, of course, when FindLaw decided it would be fun to rip-off my blog name. A deeper look discussed how FindLaw's "Blogs" were tainting not only its clients, but its professor-commentators and the profession of law as a whole.

Today's guest is a former sales rep that left on less than amicable terms because he couldn't make an absurd sales quota selling a product that was so heavily over-priced. Today he has his own company. The financial analysis of FindLaw's offerings now follows:
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By James Eichehberger
(co-owner of Swell Sites, a small, Minnesota web design company)

There's been a lot of chatter, mostly disgust, around the ethics and quality of FindLaw's blogs as well as what I'll considerately call a lack of creativity in naming them. I'm sure that this, like the linking scandal of 2008*, will evoke a variety of reactions from people involved in the legal marketing community. The great majority of lawyers will read these posts and feel self-assured in the fact that they don't do business with FindLaw.

However, I'm afraid that current FindLaw customers will have one of two reactions. Some will look at it as an issue that is isolated to the blogosphere, and therefore doesn't effect them and their products with FindLaw. The second group will realize that, whether or not they have their names posted on these blogs, this is yet another incarnation of FindLaw's questionable ethics, and it's time to move.

So the question for current FindLaw customers (the group that is willing to acknowledge that their reputations are at stake) becomes how do you transition out of your current site and retain some of what you've already paid for? To that end, I've put together a group of questions that can jump-start the idea that you can indeed rescue your website from being held hostage and save thousands of dollars a year.

1. What am I really getting from the FindLaw Directory?

In reviewing traffic reports with your sales rep or account manager, it's common to see the traffic delivered by FindLaw rolled into one big number. To be clear, there are two distinct elements that bring traffic to your website from FindLaw. First, your FindLaw profile, (which will typically include "pview" in the URL on your traffic report) and then any directory placements, which can run from $30 to upwards of $1,000 per month. [Ed. note, FindLaw links coded as "nofollow" to avoid giving link juice.]

It's important to understand the average price per click that you are paying for traffic from FindLaw's top listings. In many cases, those coveted clicks from FindLaw cost well beyond $100 each. Tracking how many of these clicks actually convert to contacts by following the pages they access on your site is a very easy task with many common (and free) traffic programs. It's troubling that FindLaw's traffic reporting is unable to follow these users and show conversion for this extremely expensive traffic.

2. Why am I paying monthly for my website?

There are really two answers to this question, depending on where you are in the life of your website with FindLaw. FindLaw websites are billed monthly, so the idea is that they take the cost of a website and prorate it over 12 monthly payments. So if you are in the first 12 months of your contract, it can be argued that you are still paying for the creation of your website.

Outside of those 12 months is where the math gets blurry. The monthly rates don't change (significantly, anyway) based on the length of the contract, and what you get in terms of content or SEO doesn't really either. Unless you are engaged with your website to the point of calling to ask what you are eligible for on a quarterly basis, your website just gets more and more expensive the longer you keep it with FindLaw. A former FindLaw General Manager said on his way out (before having moved back over to West) that the best way to get real value from a FindLaw website is to buy one and then cancel it as soon as possible.

3. What do you get beyond the initial development of your site?

That's a question that FindLaw was trying to answer the entire 5 years that I worked there, and to my knowledge, they still haven't figured it out. If anyone reading this can tell me of an experience where they received real value outside of the initial development of a new project I'd be interested in hearing about it. My guess is that most FindLaw customers will struggle to recall ever being proactively helped with their sites. They will tell you about "refreshes" which are additional content opportunities, but they are not easy to set up or completely clear on who is eligible.

The service is supposed to include additional search engine optimization (SEO) work, but at the time I left, they could also just have someone from the SEO team "audit" the site, and then determine whether or not they wanted to work on it. Same thing with content; unless you ask about the schedule, and then give specific direction on what content you'd like written, you likely will not get any. I'd liken the whole situation to trying to write step by step instructions on how to tie a shoe. Tying a shoe is easy, but when you try to tell someone else how to do it, it becomes infinitely more difficult than if you had done it yourself.

4. What elements of my FindLaw website do I actually own?

Here's where there is actually some good news for FindLaw clients. There are three basic elements to your site:

Domain Name
This is the the name that brings up your site. Regardless of whether you owned that domain name before you purchased your site, it IS yours. At any time, for any reason, you can request that the ownership of your domain name be transferred to an account under your name. That gives you the ability to keep a site up and running should you decide to move away from FindLaw in the future. It also protects you from them holding on to it should you get into any type of a dispute over your contract term, cancellation date or total amount owed to the company. Your domain name is the online version of the front door to your law firm...your law firm should be the sole owner and controller of that domain name.

Content
The content on your site that was "custom written" is yours to keep. Because you directed the writing of this content, and it was written about your firm, it is yours. The content includes the meta data which is a large part of their search engine placement strategy. Transferring your content, as well as the 3 or 4 lines of coding aimed at search engine placement, onto a new server space will typically yield the same, if not better, results on Google.

Not ALL of the content belongs to you. If you have any FAQs, eNewsletters, Practice pages or practice centers, those are actually leased from FindLaw. Re-publishing that content on to a new hosting space is a violation of the contract and licensing of the content.

Design
The design is owned by FindLaw, but can be purchased for a fee defined as 4% of the annual value of the website. So if you were paying $12,000 a year for your site, buying the design and all images used would typically cost about $500. For that cost, you get a disc or a link to download all of the HTML files and graphics that made up your site. What you get isn't going to be easily rebuilt by a novice, but someone with a general knowledge of websites could reconstruct it in 2 to 6 hours, depending on the complexity of the design and number of pages.

5. How much should I expect to pay for a website from FindLaw?

There are hundreds of variations, but a template, 8 page site tends to run about $500 a month on a 12 month contract. So at a minimum, the site is about $6,000.* The second year monthly fees typically drop to about $350, so a 24 month stint with FindLaw with an 8 page website will cost right around $10,000.

This price increasing over time with the relatively low service level in the second year and beyond, is really where the opportunity to save some real money comes in to play. If you already have a FindLaw website, there are several ways to get it set up on your own hosting space. Attorneys who are very web savvy may be able to handle the migration themselves. If you are not very comfortable with web development it may be far more efficient to hire someone to do it for you.

6. How much does it cost to get my FindLaw site rebuilt on another platform?

There is no perfect answer for this, but you should expect to pay somewhere in the range between $1,000 and $4,000 depending on the size and complexity of your website. Whether you are setting up a new website or working to get your FindLaw site migrated, here are a few things you're going to want to make sure have been taken care of (in no particular order):
a. XML Sitemap Submission
b. Traffic Reporting that shows where people are coming from (a counter is not enough)
c. Domain validation through Google (available in their Webmaster Tools)
d. Meta Data on each page of your site that you would like included on Google
e. Keyword rich content that reflects the approach and feel, not just the practice area, of your law firm.
I hope this information is helpful to people who are looking to gain a better understanding of exactly what they purchased from FindLaw, or looking to start up or advance their web marketing. I hope none of this came across as "axe-grinding" but at the same time, the reason that FindLaw can continue to get away with these other questionable projects is because there are thousands of lawyers who are paying thousands of dollars for what's basically a trumped up web hosting plan.
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*Ed. notes:

1. For more info on the prior scandal with FindLaw selling links, see FindLaw gaming Google, and possibly scamming lawyer customers? Also see: Is the FindLaw Story Getting Distorted? where former FindLaw reps out the company's disreputable policies in the comments.

2. This blog and my firm's website were built by a small provider for a fraction of the cost of FindLaw's services. The idea that lawyers would pay such ridiculously high rates to build a website, and then pay hundreds of dollars more per month to host it, is bizarre.

All the content on my two sites (for better or worse) comes off my keyboard.