Legal lessons learned from Reese Witherspoon

The Ordway is apparently getting into the field of legal education. It just announced its 2008-09 season, and, starting in late April 2009, the theater will host the musical version of the Reese Witherspoon movie "Legally Blonde." For those who missed this legal classic, it features a ditsy Malibu Barbie-type California sorority sister who enrolls in Harvard Law School to win back her old boyfriend. She winds up trying a murder case as 1L and, in a pivotal scene, using her hairdressing knowledge during a cross-examination to discredit a witness and win.

OK, OK, it isn't "To Kill a Mocking Bird," but I must admit the movie gave me a chuckle or two. I have not seen the musical version yet, but, if you recall the character Billy Flynn from the musical "Chicago," you know it isn't the first time a lawyer has been made to sing and dance in a Broadway-style production.

If the Ordway wants to get a lot of lawyers to go to "Legally Blonde," it should apply for CLE credits. If they call it a "Law and Literature" program and agree to provide attendees with free chocolate chip cookies, they may just be able to pull it off ....

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[Source: Minnesota Lawyer Blog]

Looking for a few good trends

Minnesota Lawyer is currently planning to take a look at 10 interesting trends in the law during the last decade. What 10 trends have most affected the law -- how have things changed in the last 10 years in that area -- and where are things going. If you have any suggestions for trends we should focus on, please let me know.

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[Source: Minnesota Lawyer Blog]

How to write good, legal edition

A San Francisco-based legal writer and editor has a blog that -- along with writing tips -- features the tortured attempts at the written word that are perpetrated on a regular basis not only by lawyers, but also by their law firm employers.

Take this doozy from a law firms want ad:

Law firm experience is required as is excellent writing skills.

Or this roundabout lesson in copyright infringement:

In short what the amendment provides if a user can not find the works creator and they tweak the work they have cart blanc to use an artists work without any fees being paid even when the creating artist identifies themselves they do not even have to stop infringing.

With its Latin, legalese and other jargon, the writing produced by lawyers is impenetrable enough as it is. Is a basic grasp of English grammar too much to ask?

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[Source: Minnesota Lawyer Blog]

Democrats Oppose FMLA Changes

Democrats on Congressional Hill are voicing opposition to the proposed changes to the FMLA implementing regulations recently announced by the U.S. Department of Labor. Senators Chris Dodd (D-CT) and Edward Kennedy (D-MA) recently expressed their concern that the proposed changes would discourage employees from exercising their right to take family and medical leave. Senator [...]

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[Source: San Antonio & Austin Employment Lawyer Age Discrimination Sexual Harassment Unpaid Overtime Wrongful Termination Attorneys]

Texas Primary-Caucus Combo Explained

I seem to be queried almost daily these last few weeks about the intricacies of the Texas Primary/Caucus system. Believe me when I tell you that it is not something they cover in law school. So to the rescue comes this NPR interview of Kenneth Molberg. Mr. Molberg is a friend who [...]

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[Source: San Antonio & Austin Employment Lawyer Age Discrimination Sexual Harassment Unpaid Overtime Wrongful Termination Attorneys]

Immigration doesn't cause car accidents

Like everyone else, I am grieved by the deaths of four children in a van-school bus accident in Cottonwood last week. I am also grieved by the demagoguery that this accident is giving some an excuse to exhibit. By way of example, a reader of the popular Powerline blog, which is run by two local lawyers and a Washington, D.C., lawyer, placed as a comment to a Feb. 21 John Hinderaker post ("Illegal alien caused fatal bus accident") a photo of open train cars packed with people standing in them along with the caption, We need to round up the illegals. We need to put them on a train. To me, it looks like a picture of prisoners heading for a concentration camp. Offensive photo and language aside, the author of the comment -- along with much of the media and the original post on Powerline -- wrongly focuses on the fact that the driver was in the country illegally. Illegal immigration is a serious social issue, but it doesnt cause car accidents.

I call on lawyers, who are skilled at logical reasoning, to bring some honor to the discussion by challenging the connection between immigration law and the deaths of these children. Let the legal process against the driver take its course. Jesse, Hunter, Emilee and Reed dont deserve to be used to further other peoples hatred.

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[Source: Minnesota Lawyer Blog]

Diversity and Minnesota law schools

While law schools nationwide have been grappling with recent declines in the number of enrollments from diverse candidates, Minnesota's four law schools have been pretty much holding steady and, in one case, substantially increasing its pool of diverse students.

The University of St. Thomas School of Law was one of about 20 schools in the country to report a recent increase in minority enrollment of 20 percent or more, according to Cari Haaland, the schools director of admissions. First-year enrollment of minorities has nearly doubled since UST Law started in 2001 -- going from about 8 percent to 15 percent in 2007, she said.

Locally, the University of Minnesota Law School is in the lead for diverse enrollments, with about 16 percent. UST Law is second at 15 percent. Hamline University School of Law is third at 13.3 percent. And William Mitchell College of Law is fourth at 11 percent.

All of these schools are pretty aggressive about recruiting diverse candidates to come to Minnesota (and to stay in Minnesota), but it can be tough when you are competing with more glamorous markets that don't have sub-zero winter temperatures. So given all that, I was pleased to hear Minnesota is bucking the national trend. All of these schools have strong plans to continue working toward a more diverse student body.

For more, check out the article from this week's Minnesota Lawyer, which is the first part of a two-part special focus on diversity in the law.

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[Source: Minnesota Lawyer Blog]

Minnesota Lawyer blog gets recognized (sort of, anyway)

I was recently reading an online article on the The Rake site about the the growing importance of Web media ("All the News that Fits and Then Some.") Since Minnesota Lawyer is both a print and online information provider, it is with some interest that I read such thoughtful reflections on how the migration of readers to the Internet has affected the media industry.

The Rake included the results of a survey of "a bevy of local online media folks" asking them where they go on the Web for news. The Rake listed the top 25 responses or so, and lo and behold, there was the Minnesota Lawyer blog on the list! I felt pretty good about that until I tried the link to our blog in the article and discovered it was faulty. Sigh. Being an online news provider is all about being humble.

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[Source: Minnesota Lawyer Blog]

Minnesota Lawyer blog gets recognized (sort of, anyway)

I was recently reading an online article in the The Rake about the the growing importance of Web media ("All the News that Fits and Then Some.") Since Minnesota Lawyer is both a print and online information provider, it is with some interest that I read such thoughtful reflections on how the migration of readers to the Internet has affected the media industry.

In a sidebar to the article, the Rake published the results of its own survey of "a bevy of local online media folks"to determine where they go on the web for news. It listed the top 25 or so, and lo and behold, there was the Minnesota Lawyer blog on their list! I felt pretty good about that until I tried the link to our blog in the online article and discovered it was faulty. Sigh. Being an online news provider is all about being humble.

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[Source: Minnesota Lawyer Blog]

Decision delayed on ex-lawyer accused of obstructing justice (CBC Saskatchewan)

A disbarred lawyer and convicted sex offender from Prince Albert will find out next week whether he's guilty of attempting to obstruct justice.

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[Source: Yahoo! News Search Results for lawyer]

Florida sues Coral Springs lawyer's debt managment services (Sun-Sentinel)

Consumers were misled, state alleges The Florida Attorney General's economic crimes division filed suit Thursday against a Coral Springs lawyer, her practice and two companies she controls, alleging they deceptively marketed debt management services.

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[Source: Yahoo! News Search Results for lawyer]

KERIK STILL REPPED BY HIS DISQUALIFIED LAWYER (New York Post)

A month after he was disqualified from the corruption case against former NYPD Commissioner Bernard Kerik, defense lawyer Kenneth Breen was still at his side yesterday for a pretrial hearing. Judge Stephen Robinson, who threw him off the case...

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[Source: Yahoo! News Search Results for lawyer]

More Supreme Court Employment Law Activity this Week

Two interesting cases are being argued this week in the Supreme court:On Tuesday, the Court is scheduled to hear argument in Gomez-Perez v. Potter (06-1321), on whether the Age Discrimination in Employment Act bars retaliation by public employers for the filing of age discrimination complaints.On Wednesday, the Court is scheduled to hear oral argument in [...]

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[Source: San Antonio & Austin Employment Lawyer Age Discrimination Sexual Harassment Unpaid Overtime Wrongful Termination Attorneys]

Lawyer says Snoop Dogg will fight latest drug possession charge (The Canadian Press via Yahoo! Canada News)

NEW YORK - Snoop Dogg plans to fight the latest in his long line of legal tangles: a ticket citing him with marijuana possession outside a Manhattan nightclub, his lawyer said.

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[Source: Yahoo! News Search Results for lawyer]

Lawyer: Therapist Killer Suspect Fit to Stand Trial (WCBS 880 New York)

The lawyer representing a man accused of hacking a Manhattan therapist to death says his client has been found fit to stand trial. READ MORE>>

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[Source: Yahoo! News Search Results for lawyer]

Lawyer Accused Of Jail Drug-Smuggling Attempt (WSMV Nashville)

A Gallatin lawyer is accused of trying to smuggle drugs into a jail.

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[Source: Yahoo! News Search Results for lawyer]

Graft probe judge clashes with Ahern's lawyer (Reuters via Yahoo! UK & Ireland News)

A tribunal probing payments to Irish Prime Minister Bertie Ahern when he was finance minister in the 1990s ground to a halt on Friday after a row erupted between its top judge and Ahern's lawyer.

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[Source: Yahoo! News Search Results for lawyer]

Lozada lawyer: Even Esperon was awarded land by PhilForest (ABS-CBNNEWS.com)

A lawyer of Senate witness Rodolfo "Jun" Lozada Jr. Friday bared that one of the beneficiaries of the tracts of land being awarded by Philippine Forest Corp. (PhilForest) was Armed Forces Chief of Staff, Gen. Hermogenes Esperon.

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[Source: Yahoo! News Search Results for lawyer]

Will 'Michael Clayton" be the Oscar surprise?

Folks all around the country are busy making their Oscar picks today, including many of us over here at Minnesota Lawyer. Last years winner in our unofficial Oscar pool was editor Mark Cohen -- which means that for the past year, our traveling Oscar trophy has been residing with him.

Without a lot of buzz about any particular movie, its a tough year to predict the winners -- but that isnt stopping people from trying. Academy award winners were even being forecast by some attendees at last nights Attorneys of the Year event. (Which, by the way, people are saying they really enjoyed!)

Minnesota Supreme Court Justice Paul Anderson told Minnesota Lawyer staff that the underdog Michael Clayton could be the surprise pick for Best Picture. (In case you havent seen it, the movie is about a middle-aged lawyer -- played by George Clooney -- who works as "fixer," clearing up complex or dirty cases on behalf of corporate clients.)

Minneapolis appellate attorney Eric Magnuson was unexpectedly coy when asked for his pick for Best Picture, but said that people either loved or hated There Will Be Blood, calling the movie a great character study.

Whoever the winners turn out to be, I always enjoy watching the awards show and keeping track of whos ahead in the Oscar pool. And hopefully, on Monday morning Oscar will have a new home -- preferably on my desk!

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[Source: Minnesota Lawyer Blog]

DETROIT: Former city lawyer to lose her license (Detroit Free Press)

A hearing panel of the Michigan Attorney Discipline Board has ordered the revocation of the law license of Brenda Braceful, former deputy director of the Detroit Law Department, for misappropriating $14,000 from a client between stints as a city lawyer.

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[Source: Yahoo! News Search Results for lawyer]

Nomination deadline approaching for Up & Coming Attorneys

You only have two more days to nominate your favorite young guns for our Up & Coming Attorneys award.


This will be Minnesota Lawyer's eighth year presenting the awards. We're looking for attorneys admitted to the bar within the last 10 years whose work has influenced you, your practice or the profession. In particular, we are looking for counselors who have distinguished themselves through any of the following:

professional accomplishment
leadership
service to community or profession
achievement as in-house counsel

You know who they are, now tell us! An online nomination form is available here, and a .pdf version can be downloaded here.

Nominations are due Friday, Feb. 22. We will announce the award winners in early March and host a lunch celebration for the honorees in May.

Thanks!

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[Source: Minnesota Lawyer Blog]

Lawyer: NYC Therapist-Slay Suspect Found Fit For Trial (WNBC)

The lawyer representing a man accused of hacking a Manhattan therapist to death says his client has been found fit to stand trial.

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[Source: Yahoo! News Search Results for lawyer]

Minnesota takes a breather from the big firm salary wars

It hasn't escaped the notice of younger members of the bar that there is a significant lag in starting salaries offered by big Minnesota law firms as compared to their counterparts in larger markets on the East and West Coasts. (See "Big firms in Minn. are surrendering in the salary wars" in Minnesota Lawyer, password required.)

Many might think it's a bunch of whining given that fledgling lawyers can still fetch $120K/year at the largest Twin Cities-based firms. (After hitting the $120K point last year, there has been little upward movement in Twin Cities big firm salaries this year, despite the fact that bigger market firms are up to $160k and, in at least one case, $180K.) The $40K to $60K more new lawyers can make in a bigger market is no doubt a big deal to them. Heck, that's the price of a pretty nice car for every year they work at that other firm. Plus, their salary as second and third-year associates will increase at an exponentially greater rate. By the time they are partner in a big New York City firm, lawyers who opted for the bigger market will be clearing seven figures.

Of course there are tradeoffs. The big New York is more likely to be a meat grinder requiring lawyers to bill every passing breath to make their billable hour requirements. And there are those long commute times. Goodbye PTA meetings or coaching that little league team. Of course, even in Minnesota, the requirements of working at a big firm are no cake walk. There is just a bit more breathing room.

So does it matter that big firms here pay less? I think that it does to a degree. Loan-strapped law students would find the temptation of that extra cash from the large market difficult to pass up. Minnesota was never going to get top talent to come here specifically for the money, but if the differential gets large enough, homegrown top talent that would rather stay here may feel compelled to leave. With four law schools here pumping out grads, there will undoubtedly be plenty of smart folks happy to fill those big firm spots eschewed by those opting out of Minnesota. However, there is a certain stature to being a place that retains some of its very top prospects. We don't want to become the Minnesota Twins of the legal world.

In short, while I don't think we have to offer the same salaries as New York City and L.A. firms here, I think we have to be careful to remain within a competitive range nationally. Fortunately, at present, firms in bigger markets appear poised to take a time out in their salary wars, keeping Minnesota from losing any ground as it takes its own breather.

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[Source: Minnesota Lawyer Blog]

Now accepting Up and Coming Attorney award nominations

Minnesota Lawyer is currently accepting nominations for its annual "Up and Coming Attorneys" awards honoring newer members of the bar who have distinguished themselves in some fashion during their first 10 years of practice.

We consider all kinds of lawyers -- litigators, transactional, in-house, etc. -- just be sure to spell out specifically why they are worthy of recognition by listing out their accomplishment(s), be it a big case, a well-done transaction, taking on a leadership position, etc.

Nominations are due next Friday, Feb. 22. Click here for nomination form.

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[Source: Minnesota Lawyer Blog]

Cases like Demond's make us appreciate public attorneys

A week like this is a good time to salute our public attorneys.

As more and more horrific details emerge about the beating murder of 4-year-old Demond Reed, and as the case eventually goes to trial, Hennepin County prosecutors and (presumably) public defenders will both have a grimy task on their hands.

Prosecutors will have to demonstrate to a grand jury that the boys caretaker, Carla Poole, should be convicted of first-degree murder, with traumatized children as their only witnesses; and her defense team will have to overcome Pooles criminal record and Pooles acknowledgment that she ignored Demonds need for medical attention following his beating.

It all makes a private law practice, where one can pick and choose among promising clients, seem pretty cushy.

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[Source: Minnesota Lawyer Blog]

Construction company facing bias lawsuit

A large local construction company is facing a major civil rights lawsuit.

Earlier this week eight Latino immigrant employees filed suit in federal District Court against Mulcahy, Inc., and its affiliates, alleging they were forced to work under exploitive conductions.

The plaintiffs allege that white employees of Mulcahy have worked 40 hours per week with meal periods and other breaks, while they and other Latino immigrant employees have been forced to work 72 hours per week with few or no breaks and no overtime pay. In addition, the suit alleges that Mulcahy has paid the plaintiffs and other Latino immigrant employees in cash and at a fraction of the rate paid to white employees doing the same type of work. Mulcahy also has allegedly withheld health care and other benefits from Latino immigrant employees that have been provided to white employees.

One of the attorneys representing the plaintiffs told Minnesota Lawyer that the plaintiffs tried to address the issues with the company before filing the suit, to no avail. The company doesnt seem to be taking seriously the rights of employees and its own legal obligations under the law, said Minneapolis civil rights lawyer Justin Cummins. Its striking in the 21st century to see this kind of conduct by an employer.

Minneapolis attorney Richard Ross, who represents Mulcahy, has stated publicly that the allegations are completely fabricated and that the suit seems like a publicity stunt.

The plaintiffs are asking the court to certify the case as a class action.

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[Source: Minnesota Lawyer Blog]

Tyson Wants High Court to Redefine Work

Lawyers for Tyson Foods are challenging a U.S. appeals court ruling that compensable work includes the putting on and taking off of protective work clothing and are calling on the Supreme Court to resolve what the company claims to be a conflict in the courts of appeal.Monday’s petition for a writ of certiorari was filed [...]

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[Source: San Antonio & Austin Employment Lawyer Age Discrimination Sexual Harassment Unpaid Overtime Wrongful Termination Attorneys]

PI firms prove to be quick on the click

In next weeks Minnesota Lawyer, there will be an article about some of the technological developments that are most worth keeping an eye on for attorneys in 2008, and one of them is pay-for-click advertising search term-based advertising in which the advertiser pays only when a user clicks on an ad to visit the advertiser's website.

Some law offices, notably personal-injury firms, have already mastered the art of pay-for-click. Take Twin Cities PI giant Meshbesher & Spence. For weeks, it has attached an ad to numerous search terms (including neuropathy, kill floor, and numbness+tingling) in an effort to attract potential clients who wish to make a claim against Quality Pork Processors in Austin.

So far, 13 QPP workers have complained of similar neurological symptoms. An undisclosed number of QPP workers have contacted Meshbeshers Rochester office, according to the firms website.

Its not hard to dream up a search string that will produce a link to a local PI firm: accident+Minnesota, Medtronic+lawsuit, slip+fall+Minneapolis, and Vioxx+Duluth all did the trick. Even the geographically generic search injury+negligence turned up a link to Schwebel, Goetz & Sieben.

Say what you like about personal-injury lawyers, but when it comes to drumming up business, they know how to stay ahead of the curve.

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[Source: Minnesota Lawyer Blog]

Wapner writes about winning

Remember Judge Wapner?

He is, perhaps, the most famous judge in American history -- at least American television history. Joseph A. Wapner was the first presiding judge of the real-life courtroom-style television show The People's Court, which aired 2,484 episodes between 1981 and 1993.

We havent heard much from the former TV personality lately. (In fact, Wapners lack of recent publicity has landed him on the Dead or Alive Info website, where Internet surfers can go to find out when or if a once-famous -- or at least semi-famous -- person has passed away.)

It appears that the now 88-year-old jurist is alive and well, having just launched his new book, The Secrets to Winning in Small Claims Court.

On a website touting the tome, Wapner says: I have presided over thousands of court cases, and over the years I have seen litigants make some colossal mistakes and major blunders. Dont let that happen to you. This book will take you through the process in an easy to understand, step by step basis so that you will have the best chance to present your side of the story and your evidence in a clear, concise manner.

The judge says the lessons can apply to both plaintiffs and defendants, and also help to keep people out of Small Claims Court in the future.

At $9.99 I am sure its a bargain! And who knows, it might make for some interesting rainy Saturday-afternoon reading.

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[Source: Minnesota Lawyer Blog]