THE NUTMEG LAWYER

Connecticut Judicial Branch Now Using Twitter @ctstatecourts

2012-01-19T22:29:00.003-05:00

The Connecticut Judical Branch has announced that it has created a twitter account. So can we expect to see judges tweeting about their favorite Justin Beiber song or maybe tweets like "OMG Did you see what attorney Smith wore to court today? LOL" Not quite. The following is a press release from the Judicial Branch.

We look forward to the service.

FOR IMMEDIATE RELEASE: The Connecticut Judicial Branch is now using Twitter to broaden public access to information about the courts. “Twitter is yet another way to get word out quickly about delays or closures due to inclement weather, news about events, revised court forms or procedures and a host of other developments,” Chief Court Administrator Barbara M. Quinn said. “Our account will link

followers to new information posted on the Branch’s website, at www.jud.ct.gov, and we hope that users will find this ‘real-time’ service beneficial.” The Branch’s Twitter account is at https://twitter.com/#!/search/CtStateCourts; it may also be accessed through an icon on the Judicial Branch’s website. To set up a Twitter account, followers may sign up at https://twitter.com/. Accounts may be set up to receive notifications by cellular phone as well.

For further information, please contact the External Affairs Division at 860-757-2270.

CT Superior Court Judge Robert Satter Dies at Age 92

2012-01-16T13:47:00.004-05:00

Sadly, we must report the passing of one of Connecticut's most well known judges. The Governor's office reports that Judge Robert Satter has passed away at age 92. A well liked Superior Court judge, Satter wrote several books including Doing Justice, A Trial Judge at Work where Satter gave reader's an inside look at what it was like to sit on the bench. He was also the author of Under the Gold Dome: An Insider’s Look at the Connecticut Legislature. Our condolences to the Satter family.

The following is from the office of Gov. Dannel P. Malloy:“Today, Connecticut lost a remarkable man, and a dedicated public servant and jurist. Judge Satter’s work under the gold dome in the General Assembly, and later on the bench, span over five decades and left a lasting legacy of justice and opportunity for Connecticut residents. We honor his extraordinary work for our state, as well as his service to the nation as a veteran of World War II. His absence on the Court and in our community will be deeply felt. Our sympathies, our support and our gratitude for a lifetime of public service go out to his family and friends at this time.”

Some Things Are Better Left Unsaid

2012-01-05T10:01:00.005-05:00

If you ever watched a Mountain Dew commercial, you often see thrill seeking teens "doing the Dew." The commercials usually involve thrill seekers bungee jumping, skateboarding or skydiving on a snowboard into an avalanche while holding the green bottle full of liquid youth. Fifty two year old Ronald Ball wanted to "do the Dew." After purchasing a bottle from a vending machine, he alleges he got more than he expected.

Mr. Ball is suing Pepsi because he claims his Mountain Dew had a dead mouse inside. Along with a swig of the Dew, Ball took a mouthful of mouse causing him to become violently ill. A summary judgment hearing is scheduled for later this month in Madison, Illinois. Ball claims that he has evidence including witness testimony of individuals who saw him consume the mousey concoction. He sent the mouse to Pepsi in a mason jar for analysis.

In their response, Pepsi claims that there is no evidence the mouse was in the can before it was filled and sealed by the bottler. The company offered scientific evidence from a veterinary pathologist. The expert claimed there was no way the mouse could have been in the can. The acid in Mountain Dew would have disintergrated the mouse's body. Had a mouse been in the can, its body would have transformed into a "jelly-like substance" and the head and stomach would have ruptured. Mr. Ball is represented by Tom Keefe Jr. and Samantha Unsell.

As for me, I think I'll stick with bottled water.

Arrivederci You Old Biddy!

2011-12-30T11:40:00.003-05:00

One of my first cases as a newly minted attorney was a divorce between an 85 year old man and his 80 year old wife. The couple owned several investment properties that supplemented their income. The husband was upset that his wife gave him an allowance of a few hundred dollars while she spent the bulk of their earnings on fancy bedazzled cat sweaters, hard candy and Lawrence Welk records. (I assume that is what she spent her money on). Both divorcing parties were hard of hearing which led to a comical scene of both attorneys and judge basically shouting during the proceedings. Once the divorce was granted, the elderly lady strode up to my client and slugged him. It was my entry into family law.

At the time, I wondered if I had the record for oldest client to get a divorce. I wasn't even close. That record can be found in the Italian courts. A 99 year old man is reportedly divorcing his 96 old wife after 77 years of marriage.

Apparently, poor Antonio had discovered that his wife Rosa was having an affair. He found a letter in an old chest of drawers to her lover. She had an affair in the 1940s. Despite having 5 children,

12 grandchildren and 1 great grandchild, it was the last straw for Antonio. Coupled with her constant yammering during the Italian Price is Right, drinking all of his Orange Juice, and making pasta with...gasp...sauce out of a jar, he couldn't take anymore. (Again, I can only surmise that this is what happened.) The Italian press reports that Antonio met Rosa in the 1930s when he was a young Carabinieri officer in Naples.

What Should I Buy the Lawyer in My Life?

2011-12-19T14:40:00.007-05:00

If you practice law, there is a good chance that your Christmas presents are regulated to an assortment of neckties, John Grisham novels, and other attorney related products that include various pieces of engraved crap that are destined to gather dust. Hopefully these last minute gift ideas might steer gift givers (hint hint, nudge nudge, say no more) in the right direction.

A Tablet Computer
The more I use my tablet computer in my daily practice, the more I can't do without it. I happen to own the Samsung Galaxy tablet. It has made me a more productive attorney. Whenever my secretary updates my schedule, I get an update on my tablet. I use it to scan documents (using the camera feature coupled with a scanner app), check emails, look up statutes, or read a good book during court down time. I particularly enjoy the ability to scan QR codes with the tablet. Each of our files has it's own specific QR code. By scanning it, my tablet's browser opens our Clio software program directly to the client's information page. I can check on documents, get contact information or input billing from virtually anywhere.

A Magic Wand

Depending on your practice, a handheld scanner might be a godsend. I throw mine in my brief case and use it to quickly scan court documents, accident reports and deeds in the town clerk's office. I also tend to use it to scan various articles about our firm in local papers. Very quick and easy to use. (Of course, if you have a smart phone or a tablet computer, you may simply want to download a scanner application to accomplish your out of office scanning needs.)

A Phonograph

I'm sorry...a what?! Let me explain. Lately, I have been spending my free time watching HBO's Boardwalk Empire so I have the roaring 20s on my brain. Set during the days of prohibition, the series chronicles the symphony of politics, crime, and law played out in Atlantic City. After watching two seasons worth of back to back episodes, I found myself craving salt water taffy. I even developed a bad Jimmy Cagney impression. As a result, I now have to explain to my wife what possessed me to buy phonograph. Did I finally lose it? In my defense, it makes a great conversation piece for our law office. Not only does it play records, the phonograph can also play my totally awesome 80s mix cassette tapes, CDs and has a USB plug in which allows for direct to USB recording. It even comes with a wireless remote. Search phonograph on Amazon and you can find replicas truer to the original version as well.

A Putting Green

With a busy law practice, it can be impossible to make it out to the greens. Granted, this may be one of those stereotypical executive gifts, but why not? The legal profession is a stressful one. The golf course is a great way to network with potential clients. Wouldn't it be great to get in a little practice? Search Amazon and you can find versions as cheap as around $30. More expensive versions can be found for your backyard in the thousands.

A Book that Could Change Your Practice

If you know a solo practioner just starting out, or even those in practice for years, it may behoove you to pick up a copy of Carolyn Elefant's "Solo By Choice." My decision to include this book has nothing to do with the shout out the Nutmeg Lawyer received in the latest edition. It's a wonderful resource. You may just find a few tips that can kickstart your practice or revive one stuck in a rut. In the coming weeks, the NL plans to do a review on the book.

Cufflinks
OK. Maybe this suggestion is a little cliche. Over the years, I have gathered an odd assortment of cufflinks. My first pair came from my late grandfather. I wore them on the day I was sworn in. I tend to wear them for a little extra luck during particularly difficult cases. (they go well with my lucky rabbit's foot, the garlic I hang around my neck and the deck of tarot cards I carry to court).

A Bottle of Aspirin.
Law practice is full of headaches. It may be the perfect gift...If the tried and true scales of justice is too cliche, you may want to consider their favorite sports team, Superhero, or hobby.

A Disturbance in the Force

2011-12-15T16:49:00.000-05:00

If you happened to be visiting the Toys R Us in Portland Oregon last night, you may have run into a 33 year old man who was attacking customers with a plastic light saber. When police arrived on the scene, the suspect started waving the light saber at them while shouting incoherently. Apparently, one officer attempted to use his taser on the suspect which was ineffective. A second officer's taser was thwarted when the suspect broke the wires with his light saber. Frankly, I don't know what the officers were thinking. Tasers are clearly reserved for Star Trek nutjobs. The suspect was finally subdued by police. Reports indicate that no customers or Wookies were harmed.

Man Charged with Disorderly Conduct After Killing Mother

2011-12-12T14:42:00.005-05:00

I'm Not Dead Yet
If you practice law, you probably have your share of "what were they thinking" clients. 45 year old Scott Bennett of Pennsylvania fits the bill. Apparently, Mr. Bennett wanted paid time off for bereavement due to the death of his mother. He told his employers that dear old mom died and produced an obituary from the Jeffersonian Democrat newspaper as added proof. The news was particularly surprising for Mrs. Bennett, who was not indeed dead. After calling the newspaper to let them know, she was asked to provide more proof. Mrs. Bennett went down to the paper to demonstrate that she was still kicking around. Her son was charged with disorderly conduct for sending in a fake obituary.

Representing Clients On the Naughty List

2011-12-03T13:05:00.001-05:00

If you are a regular reader of this blog, you may know I often poke fun at the marketing efforts of some law firms. Here is your chance to poke fun at mine. A little tongue in cheek humor for the holidays.

Is it OK to Wear a Cape to Court?

2011-11-28T13:49:00.007-05:00

Our warmest thanks to Attorney Joe Armonds who was kind enough
to grant his permission to repost the panel above. You
can find a new Overlawyered cartoon each month at
http://news.acca.com/accnj/issues/

Faster than a statute of limitations. More powerful than a subpoena. Able to leap tall interrogs with a single motion. It's Superlawyer..... What is it about attorneys that have an incessant need to rank themselves among their peers? I can only imagine the seed was planted in law school where being first in your class or attending a first tier school meant better job opportunities. If you are anything like me, you probaby know a hodge-podge of attorneys who probably do not deserve their "Superb" ranking on Avvo.com, their AV rating on Martindale Hubbell or their Superlawyer status with Thompson Reuters.

Finally a reason to wear a cape to court.

So do any of these rankings matter? Does being listed in the Who's Who of Whoseville make you a better lawyer? What about ethics rules regarding puffery and self promotion. The New Jersey Supreme Court once stated that the ratings could create an unjustified expectation of results for potential clients. Despite the ire of ethicists, ranking services have become big business as law firms dole out thousands to "enhance: their listings. It's gotten to the point where a cottage industry has developed that helps attorneys get on these lists. According to the ABA Journal, companies like Denver based PR marketing firm Alyn-Weiss & Associates even develop coaching and seminars to get you on the list.

I thought these lists were hogwash until I was notified that my AVVO rating was raised to "Excellent" and that I made the New England SuperLawyers list for Rising Stars. As such, it became abundantly clear that these lists do indeed have merit beyond rebuke. Joking aside, although I am sure that there are attorneys who try to work the system, I can see some merit to them. Search an attorney on AVVO and you can get an idea of whether they have been grieved, whether other attorneys are willing to recommend them or see a list of cases they worked on.

Despite earlier statements on the subject, the New Jersey Supreme Court stated that "[The Super Lawyers selection process] is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.....Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex." It when on further to say that “It is absolutely clear from this record that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

So how does one get on the Superlawyers list? According to Thompson Reuters, peer evaluations and peer nominations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The list is limited to attorneys that can be hired and retained by the public. The list includes legal aid attorneys. Lawyers enter the candidate pool when they are formally nominated by a peer or the research department. In my own case, I have no idea how I caught the eye of the Superlawyer team. Working in a small practice, our firm does not have the resources to hire a PR consultant firm or the time to lobby for a listing. Lawyers cannot nominate themselves. If they could, you would have seen me wearing a cape to court much sooner.

Superlawyers does take steps to stop lawyers from working the system. They track attorneys who nominate each other in an effort to target "back scratch" nominations. You are also prohibited from soliciting nominations from your peers. Once your nominated, each candidate is evaluated based on 12 factors that include verdicts and settlements, transactions, representative clients, experience, honors & awards, special licenses & certifications, position within the law firm, bar or other professional activities, pro bono work, community service, scholarly lectures and writings, education and employment background and other achievements. The candidates standing with the bar is also checked. Only 5 percent of the lawyers in the state are selected. With Rising Star selections, only 2.5 percent are selected.

So am I a hero deserving your accolades and praise. I don't know. Probably. We would love to hear your thoughts on the subject of lawyer rankings.

Eat at Joes.

2011-11-21T12:10:00.004-05:00

Real Estate Agent advertising his wares

As with most work weeks, I spent my morning stuck in traffic on the way to court. I value the time sitting motionless on the highway. I utilize it to reflect on my life choices. (If you are ever stuck on I-84 going into Hartford, you may notice a man in a suit sobbing uncontrollably. Chances are it's me.) On this particular day, I was parked behind a mini van emblazoned with a law firm's commercial ad and the words "courtesy van." Apparently this law firm transports clients to and from their office, jail or (I can only assume) the hospital. It got my gears grinding. What could my law firm do to compete?

I wanted to do something different. My first thought was to follow suit. Maybe I could repaint the family car. I could plaster my face on it along with a bold fonted inquiry if they had been recently involved in an auto accident. The ad could demand that they "call now!" Of course, my wife would kill me. I also considered getting a car magnet with our firm's logo and phone number. Then again, that idea didn't work out for me when I ran for city council. My car magnet sign featured a broom and the words "Let's Clean Up New Britain." Instead of generating votes, I kept getting asked if my cleaning service was hiring.

The million dollar idea hit me. If this other law firm was going to emulate NASCAR, I could do the same. In addition to their cars, NASCAR drivers are covered head to toe in advertisements. I thought of the time I spent in front of judges, with my back turned to a gallery full of potential clients. Why not put an advertisement on the back of my suit jacket. I could even make a few extra bucks promoting bail bondsmen, real estate agents, even family restaurants.

Beware the Ides of November

2011-11-14T13:15:00.005-05:00

It's that time again where I ask forgiveness from my readers for my lack of posting recently. As some of you may know, I decided to throw my hat into the political ring. I decided to run for a seat on the New Britain City Council. It was my first foray into politics.

New Britain is a city of approximately 70,000 people. Among registered voters there are about 16,500 Democrats and 3200 Republicans. Both parties reached out to me inquiring if I would be interested in running. Truth be told, I am a registered Democrat. My background includes working for a member of the Kennedy family. With Democrat voters outnumbering Republicans 5 to 1, running as a Democrat would make sense. Well, for most people. Not a guy who grew up on 80s movies.

I grew up watching movies like the Bad News Bears, Rocky and Rudy. My favorite cartoon was Underdog. I would go against the odds. Where there is a will, there is a way. I decided to accept the Republican endorsement while remaining a registered Democrat. We would beat the odds. 5 to 1 be damned.

So, I embarked on my campaign. A fellow business owner in town named Mark Bernacki was running on the Republican ticket. He had an MBA, owned a business downtown and was an experienced politician with 20 years on the City Council in various positions. He was a good guy who helped me tremendously when I first moved to the city. I wasn't going to let the (R) after his name dissuade me from supporting him. Besides, if the movies taught me anything, the underdog always wins.

What could go wrong? With "Eye of the Tiger" playing in my head, I began the campaign. My opponent was a popular and experienced four time incumbent who enjoyed strong union support. Did I mention that my opponent was also a senior citizen, a widow, and shared a name with Hollywood's favorite child actor Shirley Temple? As you can imagine, Ms. Shirley Black wiped the floor with me. Welcome to Politics 101. Class is dismissed.

It's an odd feeling to vote for yourself.

Unfortunately, only 20% of registered voters showed up to vote. In a city of 70,000 people, the new mayor won with less than five thousand votes. This is not to disparage the accomplishment of our new mayor. He ran a tremendous campaign. I extend my congratulations to Mayor Tim O'Brien, Shirley Black and Manny Sanchez.

Putting yourself out there can be harrowing. Strangers start questioning your character. I had people question whether I even lived in my district. I was even involved in a "scandal" when a political blogger uncovered that I was a tax scofflaw. (I was late in paying around $100 of motor vehicle tax on my jalopy). I fared better than other candidates that owed tens of thousands of dollars.
Despite all this, I sincerely enjoyed the experience.

Which brings me to an actual exchange I had in open court with a Superior Court Judge.

JUDGE: So Attorney Baron, I hear you ran for city council, how did you do?

Dashing Former Candidate: Not too good your honor.

JUDGE What happened?

Dashing Former Candidate: I blame the prosecutor. He put all of my supporters in jail.

9/12

2011-09-12T10:34:00.016-04:00

Well, it's finally 9/12. I made it through another day of 9/11 memorials and tributes. Newspapers, magazines and televisions were dedicated to coverage of that horrific tragedy ten years ago. Truth be told, I didn't watch any of it.

Even ten years later, I can't watch a movie about the terrorist attacks on the twin towers. I tried my hardest to ignore 9/11. I marked the day with a simple Facebook post to my old New York roommate. "You're in my thoughts today." Then I shut off my computer and went to a local fair with my wife. Instead of watching coverage of the memorial, I filled up on hot dogs and soda and toured booths selling hand made items that were destined for closets and future tag sales.

It's not that I don't appreciate what happened. Just the opposite. On September 11, 2001, I was working for a litigation clinic in New York. My sister Jennifer worked for RCA records in Times Square.The night before I had attended a rooftop fundraiser not far from the towers. I don't have any stories of missing planes or subways. I didn't work in the Towers. But like most Americans, the events of 9/11 had a profound impact on me. Many "what ifs" crossed through my mind. What if I stayed with a friend that night in the city? What if I accepted that internship in the Twin Towers? What if I stayed at New York Law School instead of transferring to Pace? I was a graduate of both Pace University and Manhattanville College. Some of my friends and acquaintances lost their lives in the Towers. Why was I so lucky?

I will never forget that horrific day. That cell phone call from my sister asking if I heard what was going on as firetruck after firetruck flew by her car to impending death. I remember my roommate Pat coming home after hours of searching for him. He was covered from head to toe in dust. His office was across the street from the Towers. All the windows were blown out. I remember watching the coverage with my roommate Nicole who managed to make it home earlier from Manhattan. I couldn't help wondering how they dealt with the tragedy. After all, they were there. I remember a phone call from my grandmother from Poland asking if I was OK. I remember a once bustling metropolis becoming a ghost town with soldiers and barricades standing guard at Grand Central Station. I remember countless people searching for loved ones with seemingly thousands of photos pinned on walls. "Have you seen my dad?" "Searching for my wife. Please call."

I will never forget 9/11, but sometimes I wish I could.

Vote Baron. What's the Worst that Could Happen?

2011-08-28T20:56:00.003-04:00

I would like to thank my readers for the many kind emails regarding my whereabouts. The rumors are not true. I was not abducted by aliens or a cabal of English teachers hell bent on removing me from the blogosphere as a result of my penchant for grammatical mistakes. Like many lawyers, I have been bitten by the political bug. I am happy to report that I am now officially a politician.

Believe it or not, I was asked to join the "slate" of several candidates running for the position of mayor in New Britain. Apparently, thirty percent of the voters in New Britain are Polish. Not surprisingly, a Polish speaking attorney fit the bill. As such, I am now officially a candidate for the New Britain City Council. If elected, I will be an Alderman representing Ward 3. I must now find a Treasurer, a campaign manager and begin working on what issues matter to voters. My first act will be to declare war on neighboring Berlin, Connecticut. I also plan to pass a city ordinance requiring residents to wear cowboy hats on Thursdays with an obligatory "Howdy Pardner" when greeting people.

As I embark on the campaign trail of local politics, I hope to share the experience with you.

Paid for and approved by Adrian M. Baron.

Law Practice Tips: Incorporating QR Codes with Your Law Office Management Program

2011-07-11T14:26:00.006-04:00

In an effort to streamline their law practices and keep costs down, many solo and small firms have turned to internet or "cloud" based law practice management programs. A few months ago this blog reviewed Clio's online venture into the field. Our firm has been very pleased with the results. Being able to access client files and information from an iPad or my phone has been a godsend.

This week we also covered how you can create a QR code for your firm. Most attorneys using these codes, tend to use them for their marketing efforts. Our firm has begun incorporating their use into our daily practice. For what it's worth, I would like to share a little practice tip for small firms using online practice management.

If you use Clio or a similar web based program, you will notice each client has it's own specific url address. You can easily create a QR code pointing to this address. As we mentioned earlier, QR codes are very easy to produce. Just google "QR code generator" in google, and you will get a site that will easily create one for you for free.

Next, copy and paste the code into a mailing label. Stick it on your file.

(Editor's note: Place the sticky side towards the file. Do not lick the mailing label. Chances are it is self adhesive.)

Need info in a pinch. Simply scan the code on your file with your tablet computer, i Pad or smart phone and "abracadabra", your client info page in Clio will open on your phone. From there, you can easily access any linked documents, phone numbers, calendar events or billing records. Not only will this little trick make you more efficient, you will look really cool in front of your clients. And isn't that what really matters?

Creating a QR Code for Your Law Firm

2011-07-06T18:47:00.005-04:00

Novelty or Great Marketing Tool?
On a recent shopping excursion with my wife, I found myself sitting on the requisite "husband/boyfriend" bench holding an assortment of bags. As I plopped down in front of a Williams Sonoma store, I noticed they had placed a bar code symbol on the window. A kid on a skateboard was scanning the symbol with his phone.

When the coast was clear, I sauntered up to the window and attempted to scan the image as well. Apparently frantically waving my phone at the display wasn't going to do it. It only resulted in strange looks from other shoppers. Thankfully, the manager came out and gave me a hand. After verifying that I was not having a medical emergency, he instructed me to download a free bar code scanner from the Android marketplace. I chose the free scanlife application which allowed me to easily scan the image. Within seconds, a video opened on my phone showing a cooking demonstration using William Sonoma products. "When did they invent this?" I asked the pimple faced manager. "Several years ago, sir. In fact the Lawyerist legal blog covered this topic earlier this year. Are you going to buy something or not?" Well, it was new to me. I was determined to steal this idea for my law practice.

Scan with your phone to watch a
welcome video from our law office.

For my more tech savy readers, the symbol I came across is old news. Known as a QR code, (short for quick response code), they are coded images that can be embedded with a variety of data including contact information, links to websites, text or other information. The codes were actually developed in Japan back in 1994. Popular in many countries, they just seem to be catching on here in the United States. And by just catching on, I mean I finally got around to catching on.

Depending on your law practice, incorporating one of these codes into your marketing efforts might not be a bad idea. Others may find them an unnecessary novelty. If you practice elder law, for example, chances are your clients are not going to be scanning QR codes on their new Droid phones to get website links. If you have sausage fingered clients, they may also have trouble using the new generation of sensitive touch screen phones. Nevertheless, I decided to incorporate the QR codes into my own law practice. I have been pleasantly surprised at the response.

The prestigious law firm of Podorowsky, Thompson & Baron is actually located street level in an area replete with heavy foot traffic. I decided it was the perfect spot to place a QR code in our window. Prospective clients scanning our code would automatically have my information added to their phone's contact list.  Scanning another QR code would result in a law office welcome video opening on your phone.

Want to try it? Just scan the code above. Don't forget to first download any one of several free bar code scanning applications.(For example "Scanlife.") As a side note, I created the admittedly amateurish video using Windows Movie Maker, some photos from our office and some royalty free music downloaded from i Tunes. For a smaller practice with a limited budget, it's relatively easy to do and will cost you virtually nothing.

For my tech savvy readers, you probably know how to create a QR code.   This post is for the rest of us. Those who had trouble setting the time on their VCRs. Those who can barely figure out how to make a phone call on their new smart phones. I write for the technically challenged among us.   If you want to create a QR code for your practice follow these easy steps.

1.  Google the term "QR code generator". Like I said,  It's not rocket science. Best of all, it's free. No time? Here is a link to one
Man, you are lazy. Here is another one that allows you to create your account so you don't have to constantly update your info.

2. Fill in the blanks with your particular information.

3.  Hit enter and you have your very own QR code.

4. Place in window and get ready to make millions off all of your new "fancy phone" owning clients.

In my case, I simply saved the image to my desktop. I then inserted the symbol into a Word Document and printed it out. Using the printed out image, I scotch taped it to our window. Remember, it's important to stay classy. We now plan to utilize the image on our envelopes, business cards and newsletters.

Smarter than the Average Attorney?

2011-07-05T08:00:00.002-04:00

I hope everyone had a nice July 4th holiday weekend. For those of you studying for the bar, I am sure the weekend was filled with anxiety as the exam date approaches. I know more than one law student who called the police on independence revelers who dared shoot off fireworks as they tried to study. As you study for the bar, I would like to share what happened to me this weekend. A glimpse of what it is like to work in a small firm. The following is based on actual events.

Although the staff had the weekend off, I was scheduled to do a closing on a refinance for a long time client. Held early on Saturday morning, the client was supposed to bring her husband to the closing because his name was on the title for her house. The bank documents required the husband's original signature. Nevertheless, he had decided to skip the proceedings and left for vacation early that very morning. No one felt the need to run it by me.

"Not to worry. I did bring Mishka. Could she sign the documents?" the client joked. I glanced down at my client's purse and realized that she had actually brought her cat to the closing.
As I often did in these types of situations, I excused myself and went into my office. I screamed into a pillow while staring at my law degree. Wiping away the tears, I blew my nose and returned to the conference room refreshed. "OK let's begin."

Born in the Ukraine, my client did not speak any English. She was, however, fluent in Polish. I would have to review the bank's documents with her entirely in the latter language. I would have to do this as her cat Mishka incessantly meowed her loud disapproval of being stuck in a cat purse. "May I let Miska stretch her legs?" "Of course", I answered hoping it would shut the cat up.

As I reviewed the pile of documents with my client, the nimble cat jumped upon conference table and began swatting at the paperwork. "Look, Mishka wants to be a lawyer" cooed the client. As a side note, I love animals. But Mishka was no ordinary cat. I think she had a vendetta against me. As she grew bored of the pile of HUD statements, mortgage documents and financial notes I had painstakingly prepared, the frisky feline set her sights on our leather conference room chairs.

"No Mishka. Bad Cat" her owner shouted in Polish. Apparently, the cat did not understand Ukranian either. The reprimand from her owner was too much to bear. She leered at us with a look that seemed to say "How dare you speak to Mishka this way?" The pretentious kitty showed her displeasure by leaving a gift on my conference room floor. I still don't know what end the "gift" came out of. "No Mishka. Bad Cat." she shouted again in Polish. The cat bolted out of the conference room. "Please, Help me find Mishka!"

With a sigh, I helped search for the cat. After a fifteen minute search, we captured the elusive fugitive and returned to the conference room to finish the closing. "We found Mishka. Now where is your husband?" I asked. "He must sign these documents otherwise the closing cannot be completed. The signatures must be originals" "He is camping in New Hampshire. " she answered. "Of course he is".

With the documents and a portable scanner in hand, I bid adieu to Mishka and began the second act of my day. I set off from Connecticut and began my quest to the woods of New Hampshire. The elusive husband had gone camping to a place called Jellystone Park. With no cell phone coverage and on a motorcycle, I could not meet him half way. After speaking to Ranger Rick, I eventually found my target in a sea of tents, campers and cabins. "Why weren't you at the closing?" I asked. "The real estate agent said I didn't have to be there." Of course she did. Placing my briefcase on an over-sized picnic basket, I observed him sign the paperwork under the watchful glare of large Yogi the Bear statue. I got back in my car and left the campsite within minutes.

As I drove back to Connecticut, I could see fireworks exploding in the distance. I smiled to myself over the day's events. It was just one of those days you often run into in the practice of law. I wouldn't have it any other way. Well, OK. Maybe, I could do without the cat.

CBA Members Celebrate Year’s Achievements at 2011 Annual Meeting

2011-06-27T19:24:00.003-04:00

Attorneys, judges, paralegals and other legal professionals throughout the state gathered on Thursday, June 23 at the Connecticut Convention Center in Hartford for a successful 2011 CBA Annual Meeting. Nearly 900 were in attendance to learn, network and congratulate colleagues and peers who received awards or who were installed as incoming officers of the Association.

This year's event featured 37 educational seminars—more than ever offered before—in areas such as labor and employment law, family law, real property law and technology.

CBA members honored their colleagues and peers with the presentation of annual awards at the Annual Dinner, where former Connecticut Attorney General and current U.S. Senator Richard Blumenthal received the Distinguished Public Service Award, and the Bench-Bar Luncheon, where Connecticut Supreme Court Chief Justice Chase T. Rogers delivered remarks.

Keith Bradoc Gallant, of New Haven's Day Pitney LLP, and other officers were installed for the 2011-2012 bar year. Other officers for the 2011-2012 term are: President-elect Barry C. Hawkins of Shipman & Goodwin LLP in Stamford; Vice President Kimberly Knox of Horton Shields & Knox PC in Hartford; Secretary Lynne A. Ustach, a solo attorney practicing out of New Britain; Treasurer Stephen J. Curley, a solo in Stamford; and Assistant-Secretary Treasurer Jeffrey J. White of Robinson & Cole LLP in Hartford.

The Honorable Robert L. Holzberg received the Henry J. Naruk Judiciary Award. Peter Arakas of LEGO Systems, Inc., received the Charles J. Parker Legal Services Award. Attorneys Frances Z. Calafiore and James R. Greenfield were honored with the John Eldred Shields Distinguished Professional Service Award and the Edward F. Hennessey Professionalism Award, respectively.

The CBA also bestowed pro bono awards upon five attorneys who have diligently represented underprivileged residents throughout the past year. The pro bono award winners include Janine M. Becker of Becker & Cali in Bridgeport, Gail A. Bedoukian from Newtown, Carole Masters from Willimantic; John F. Slane, Jr., of Heagney Lennon and Slane LLP in Greenwich and Ashley M. Van Valkenburgh of Gilbride Tusa Last & Spellane LLC in Greenwich.

Moreover, the CBA's publishing division, LawFirst Publishing, premiered its newest publication, Annuities in Connecticut Estate Planning: An Essential Guide for Attorneys and Financial Advisors by attorney Joseph Cipparone. Copies can be purchased online at ctbar.org.

The Connecticut Bar Association is a membership organization serving Connecticut attorneys and the legal profession by working to advance the principles of justice, the practice of law, the image of the profession and public understanding of the law.

Counselor at Law. Coping with the Death of a Client.

2011-06-16T11:58:00.009-04:00

My apologies for taking a small break from blogging last week. If you derive your income from the legal profession, I am sure you have have your share of days where the daily grind of law practice wears you down.  I had one of those days.

The day started off like most. A day of unscheduled fires that needed to be put out. Despite our office's fantastic new scheduling program, we had managed to schedule a real estate closing, three criminal matters and a divorce conference on the same day. To make matters worse, the scheduling snafu required me to be in four separate courts located miles away from each other. The real estate closing was going to be held in a small remote law office in the middle of the boondocks. I actually saw buffalo on the way.

If your anything like me, you find yourself exhausted at the end of such days. I finally limped into my office at 7:30 PM to pick up messages. The support staff was long gone. I was alone. As I was leaving the office, the soul devouring pierce of our phone rang. For a moment I pondered if I should let the call go to voice mail. Of course, that missed call might be that potential million dollar case. I put down my briefcase and picked up the phone.

An elderly woman had contacted my office with a request to prepare a will.  She had been diagnosed with a terminal disease and wanted to put her affairs in order. Exhausted, I suggested an appointment the following week in our New Britain office. She insisted I come to her home that very evening. Although I had plans to catch the NBA finals with some friends, I reluctantly agreed to go to her home that very night. I had a soft spot for grandmothers. I packed up a lap top and portable printer and left to prepare the will.

Arriving at the home, I was greeted by the elderly woman's nurse. She led me into the living room where they had set up a work area for me. The nurse had indictated that the woman was more at ease knowing her will would be done. I was the only attorney willing to come out to the house that night. The elderly woman had prepared a platter of food for my visit. She had put on her Sunday best. The visit would soon take a tragic turn.

After greeting her and sitting down, the woman slumped to the floor.  Her nurse ran to assist her as I called 911. Within minutes, the paramedics arrived with various family members. Although she had a do not resuscitate order, no one could locate it. My office was not the one who prepared it. As the lawyer in the room, questions were shot at me. Why are they tormenting her? She had a DNR order. Can you stop them? The family was Polish and spoke limited English.  I became the go between translator between the paramedics, police and family members at the scene. Soon it was clear, the poor woman had passed on. I informed the family in their native tongue. We never had the opportunity to discuss the woman's final wishes. I stayed on to help the family with their questions

The incident seemed to have a profound impact on me. I find myself preparing estate plans much faster. I schedule appointments much sooner.  More importantly, I found myself feeling pretty lucky. As rough as I perceived my day was, it was nothing compared to what this poor family experienced. I realized the importance of the term "counselor" on my business cards.

I took the following day off to recharge.  Who knew what the following week would entail? Whatever it was, I was ready for it.

(Editor's note: Although I was reluctant to share this story, I thought the underlying message was important enough to share. Certain details were changed to protect the privacy of those involved.)

Star Wars Taught Me to Be a Better Lawyer

2011-06-01T01:00:00.006-04:00

A little tongue in cheek advice from the Nutmeg Lawyer.
As a child of the 70s and 80s, I grew up mesmerized with films like Star Wars. The eternal struggle of good and evil played out before me on the silver screen as a rag tag band of rebels battled unsurmountable odds. In retrospect, the films had a big impact on the life decisions I would make. Some would even say that I was drawn to the Dark Side. I would choose the evil empire and become a die-hard Yankees fan. I chose Coke over Pepsi. Microsoft over Apple. Heck, I even decided I wanted to be a corporate lawyer. I had dreams of joining one of those fancy wall street powerhouse death star law firms. I decided that someday I would wear red suspenders to work and slick my hair back like Gordon Gekko. I would own one of those clikety clacking metal ball thinga-ma-whozits on my desk. I would tell my secretary Delores to hold my calls as I practiced on my putting inside my office. Perhaps someday I would even make partner or Sith Lord. I would eventually change my tune after interning for a solo practitioner.

Like most law grads, I grappled with the question of what type of legal career I wanted to pursue. My own awakening came after interning with a solo practitioner. I soon realized private practice was a better fit for me. I had several friends who worked for huge white shoe firms. While some loved it, others were miserable. They complained of long hours and being pigeon holed into a particular practice group. One friend lamented that he wasn't allowed to speak to clients directly. The only time he appeared in court was for his own divorce. I liked the idea of being able to pick and choose my clients. I liked being able to explore new practice areas. I didn't want to be stuck in the office hundreds of hours a week. I wanted some semblance of a family life. As such, I decided to go into private practice. If you think you might want to follow a similar path, here are a few tips from a long long time ago in a galaxy not so far away.

credit: Lucas Films

Going Solo: Die hard fans of Star Wars may know that Han Solo almost went the corporate route. He had once been a cadet in the Imperial Academy. Han gave up his plans to become an Imperial officer in order to skim the stars with a Wookie at his side. He wanted to be his own boss. Of course, going Solo can have it's risks. Sometimes it feels like you are taking on the universe by yourself. It can also be tough financially. Han learned this the hard way. His debts led to him being frozen and hanging on Jabba's wall. In the end, Han worked through his problems. He took some chances. He wound up becoming pretty successful and even married some TV lawyer. Of course, his path may have been easier if he had a mentor.

Credit Lucas Films

Get A Mentor: As a young Jedi, Luke had skills but he needed help honing them. When I graduated law school and passed the bar, I was pretty full of myself too. I quickly realized I had no clue. I decided to take a cue from Luke and looked for my own Yoda or Obi Wan. I became an apprentice. I accompanied my mentor to depositions. I learned how to interact with prosecutors in court. I took part in client consultations. I sat in on conference calls where he negotiated settlements. He even blindfolded me and threw legal briefs at my head. Kidding aside, I found that working for a small firm really threw me into the thick of things. With a small staff, the learning curve was much smaller. Deadlines needed to be met and court appearances had to be made. I was a lawyer now. I was responsible for getting things done. As Yoda said. "Do or do not, there is no try".

Location, Location. If you do plan to hang your own shingle, it's important where you locate your practice. Renting expensive downtown high rise digs may not be the best course of action if you plan to practice elder law with a clientele based in the suburbs. I learned this from watching Jabba the Hutt. Rather than opening shop on some ritzy moon, Jabba chose the desert planet Tatooine. For a gangster and a smuggler, the location was perfect. Far from the prying eyes of authorities, Jabba became the only game in town. While I am not suggesting you should become an intergalatic smuggler, I do believe you can learn something from this grandiose gangster.

When I first started practicing, our law office was located in an old grand mansion in downtown Hartford. From my office, I could see the gleaming dome of the capitol. It was during this time we opened a ramshackle one room satellite office in a depressed neighborhood in New Britain. A strip club was down the street. We were next to a pawn shop. The one room office was street level and had an air conditioner that would drip water on those who entered. Surprisingly, the one room office began outdoing our grand downtown office. It was the location. We were near a bus stop. The office was on a busy corner. We were also near a Polish church. Each Sunday, thousands of parishioners walked by that little office. Despite 20,000 Poles living in the area, only 4 or 5 lawyers spoke Polish. I was one of them. I had stumbled into a niche. We eventually invested in a building in the area and renovated it to match the grandness of our Hartford office. The neighborhood improved. Within a few years, the strip club would be replaced with an elegant restaurant. Day spas and cafes opened in the area. (Editors note: The building we bought was once a biker bar. It now has hardwood floors, high ceilings, Victorian style furniture and yes, some of the same clients that the former owner enjoyed. )

Learn another Language. C-3PO was fluent in over 6 million ways of communication. This ability allowed him to avoid the scrap heap. In Empire Strikes Back, C-3PO was spared the scrap heap when it was discovered he could serve as an interpreter. Knowing an additional language can be a tremendous asset. It can give you an immense advantage over other attorneys. As I mentioned earlier, I happen to speak Polish. It was a language skill that I thought would never come in handy in my professional life. I then discovered that despite the fact approximately 300,000 Poles lived in my state, only 3 or 4 Polish speaking attorneys served the community. I soon established a niche practice with a vibrant client base.

It's a Trap: Don't fall into the trap of doing too much free accommodation work for friends and family members. Sometimes, it's better to say "no" than "I'll look into it." Early in my practice, I was deluged with requests from friends to help them with trivial matters. "Can I sue my neighbor for snoring too loud when he sleeps outside on his hammock? Can you call my boss and scare him with a law suit for making me work late every night?" For some reason, I always felt the need to answer "I'll look into it." Time and time again, that statement would be a time trap for me. It wasn't that I didn't want to help. With my regular case load, I just didn't have the time. If you don't have the time, be up front about it. Even if you do something for your family pro bono, it might be good to send them a bill indicating your fee with a "family discount" notation. They will be less likely to undervalue your services.

Don't Fall to the Dark Side. Most Star Wars fans know that Darth Vader wasn't always a bad guy. He started off as a Jedi. Unfortunately, he fell for the Dark Side. The allure of power was too much for him to ignore.

Like Darth, most law students don't plan to become crooked lawyers. Some simply fall prey to the Dark Side. Greed can cloud judgment. You may have heard such whispered stories in court house hallways. One need only read some recent ethics opinions to see what some attorneys are capable of doing. Unfortunately, their actions tarnish the image of all attorneys. I seem to recall one particularly heinous case where a lawyer made a staff member dress as a priest to meet with grieving families of an airplane crash. In my own practice, I was the victim of a more humorous brush with the Dark Side. Last year, I installed a brochure holder that was accessible after office hours. A week after installing it, I witnessed the "marketing director" of a competing firm completely emptying out all of our brochures and dumping them in the trash. Has it really come to this? While I could not choke the paralegal with my mind, I do manage to give him quite a stare down every time I see him. If you do feel the draw of the Dark Side, remind yourself of the hard work you went through to become a lawyer. Then ask yourself, is it really worth risking it all?

Ruining Childhood Memories. Finally, you can build up a great practice through old fashioned networking, reputation and word of mouth. Many attorneys decide to take a less dignified route. They plaster their faces on buses and billboards off the exit heading toward the local hospital. Their late night ads might follow the steel drums of a Girls Gone Wild infomercial. These are the Jar Jar Binks lawyers of our universe. Now, I know I shouldn't begrudge lawyers who do this type of marketing. If it was in my budget, I might consider doing some more aggressive advertising. Maybe I'm just jealous. Still, it leaves a bad taste in your mouth. Kind of like when they introduced Jar Jar Binks as a character. I had built up an image of what Star Wars should be. I couldn't help thinking that Jar Jar was ruining my beloved childhood memory. The same goes for lawyers. Entering law school, I pictured lawyers as grand defenders of the constitution. They were to be respected. So don't be like Jar Jar. Be more like Obi Wan. And may the force be with you.

Our Thoughts and Prayers are with Missouri

2011-05-26T17:04:00.003-04:00

I would like to extend my warmest thanks to Editor Gary Toohey and the staff of Precedent Magazine, a publication of the Missouri Bar Association. The editors were kind enough to include my article in this month's issue. If you are not familiar with this wonderful publication, Precedent is a quarterly magazine focusing on ways in which busy practitioners can maximize the efficiency and effectiveness of their practices. I can only assume including my article was a momentary lapse of judgment. Our thoughts and prayers are with everyone in Missouri during this difficult time.

Oops!

2011-05-25T18:49:00.002-04:00

I would like to apologize to the readers of the Nutmeg Lawyer for my miscalculation regarding the rapture. Apparently I forgot to carry the one. Today is the last Oprah Winfrey Show. If the rapture doesn't happen today, I will go back to the drawing table. I would like to take this opportunity to apologize to the hardworking judges and prosecutors of the fine Connecticut judicial system. I was given some misinformation about the world ending and I may have said some things that I didn't really mean. Also, please accept our heartfelt apologies for no new posts this hectic week as I have been dealing with a myriad of broken hearts in divorce court and sticky fingers in criminal court.

The Rapture is Coming. Will Lawyers Be Invited?

2011-05-20T11:59:00.010-04:00

Is This My Last Post? Well, this may or may not be my last post. I am told that the world is ending tomorrow. In Genesis 7:4, God tells Noah "Seven days from now I will send rain on earth for forty days and forty nights, and I will wipe from the face of the earth every living creature I have made." So the theory is when God referred to seven days, he meant seven thousand years. A day is a thousand years to God. Since the big flood occurred in 4990 BC, that brings us to 2011. So why May 21, 2011. Break out your pencils kiddos. That goes to the significance of the number of days between the Crucifixion and May 21, 2011. That would be 722,500 days. That number represents 5x10x17x5x10x17. Got it? The 5 signifies redemption. 10 signifies completion and 17 signifies heaven. Or so I'm told. There has also been some grumblings from the Mayans and others in touch with the fate of the universe.

As such, I refuse to buy more milk until the expiration date. What's the point? I didn't even shave or wear pants when I went to court today. I told my client that he should accept the prosecutor's offer of life in jail. The jokes on them. Suckers.

I encourage my readers to prepare for Armageddon. Most of you are lawyers, so undoubtedly we will not take part in the rapture. Luckily, Glenn Beck is sponsored by a slew of advertisers who will help you prepare for the end of days including $150 super seeds for a crisis garden and a nice food survival kit backpack. I hear the beef stroganoff is to die for. Err...poor choice of words. I also encourage you to tell your boss what you think of him or her. In the event we survive the weekend, we will resume regular posting on Monday.

Editors note: if you know what time the world will end, please let me know. I need to schedule a haircut

Batman Arrested Dangling Off Roof in Michigan

2011-05-17T17:01:00.011-04:00

Criminal of the Week: Mark Wayne Williams: Some may argue that the streets of Petoskey, Michigan are a little more dangerous now. The Huffington Post and other news outlets have reported that Batman has been arrested by local authorities. His secret identity has been revealed as less than mild mannered 31 year old Mark Wayne Williams.

Police responded to a report of a man standing on a roof top in the center of town. They found Williams dressed as Batman hanging off the side of a 40 foot building. No surprise here. In order to begin a night of crime fighting, one must start the evening peering over the ledge of a building upon the city in a cool superhero pose. This particular Batman has been charged with a myriad of counts of carrying a concealed weapon, one count for carrying a gas-ejecting weapon (enter immature 4th grade level joke here) and creating a disturbance. Old Bats was carrying several items in his utility belt which included a can of chemical irritant spray, a telescoping steel baton, and lead lined gloves. In addition to his criminal charges, we can only assume he will be grounded as well.

On his MySpace page, Williams calls anyone a hero who "stands up for what they believe in and for others." Come on. Really? MySpace. Everyone knows the real Batman would be on Facebook. The Dark Knight is due back in court May 30.

An Eye For An Eye. Court Allows Woman to Drop Acid into Her Attacker's Eyes

2011-05-16T01:00:00.002-04:00

Hammurabi was the sixth king of ancient Babylon ruling from 1792 BC to 1750 BC. (Make a mental note of that information in case you are ever on Jeopardy or you like to bring up random facts at cocktail parties.) Perhaps best known for the Code of Hammurabi, the King's reign produced 282 laws with scaled punishments including whether it is appropriate to wear white after labor day and how many days you should wait to call someone after picking them up in a bar. Perhaps the most famous of his laws was the infamous "an eye for an eye, a tooth for a tooth." This law of retaliation or "lex talionis" still remains with us today. One can argue that the killing of Osama Bin Laden is an example. Applying Sharia law, we can still see "an eye for an eye" doled out in modern Day Iran.

The NY Post reports that 30 year old Ameneh Bahrami may get the chance to get revenge on the attacker that caused her blindness. Apparently, Ameneh was the object of affection of 27 year old Majod Movahedi. Majod was smitten with the electronics major. They attended school together in 2002. He proposed marriage to her repeatedly. In 2004, after Ameneh turned him down, the heart broken man threw a bucket of chemicals in her face. The poor woman underwent 17 surgeries. She was badly scarred and lost her sight. She was awarded the equivalent of $30,000.00

Ameneh asked the court for the opportunity to return the favor. After his conviction, Majod was scheduled this past Saturday to be rendered unconscious in a Tehran hospital. Ameneh would then be allowed to drop five drops of acid into each of his eyes. According to the NY Post, the procedure was postponed after several groups, including Amnesty International objected to the retribution. In the words of Gandhi "An eye for an eye leaves everybody blind".

Family Inherits Robber Baron's Millions 92 Years After His Death

2011-05-11T06:00:00.004-04:00

Law Exam Questions Come to Life: The term "Robber Baron" can be traced to medieval German lords who charged enormous tolls on ships travelling the Rhine River. Eventually, the moniker would be used to describe powerful 19th century American industrialists. It was a gilded age of monocle wearing captains of industry seeking family fortunes in oil, lumber, steel and rail. The glory days of the Rockefellers, Carnegies, Astors, and Mellons are gone. The Vanderbilts no longer occupy their stately Newport summer mansions. Corneluis Vanderbilt's great great great grandson Anderson Cooper has been regulated to less stately digs in the Hamptons. How utterly ghastly.

Among these fabulous robber Barons was the aptly named Wellington R. Burt. He would find his wealth in lumber and iron. When he died in 1919 at age 87, Wellington decided he was not ready to part with his hard earned fortune. Apparently Wellington had a beef with his family. For reasons not indicated in his will, he decided he would give up the dough twenty one years after his last surviving grandchild kicked the bucket. No one knows what ticked him off enough to snub a few generations of his family. My guess is someone had used the wrong fork at a luncheon. When the Saginaw City Assessor raised Wellington's personal property Assessment from $400,000 to a million, Wellington cut some sizable bequests to the city as well. According to the Saginaw News, he wasn't a complete curmudgeon. He did leave his kids $1000-$5000 annually. The brown noser son got $30,000 a year. His daughter got cut off when old Wellington disapproved of her divorce. Some of his employees fared better. Through a trust, his secretary received $4000 a year while the coachman, chauffeur and maid each received an annual sum of $1000.

So why twenty one years. I can assume Wellington's lawyer wanted to see if there really was a rule against perpetuities. For our law school readers, Black's Law Dictionary defines it as "[t]he common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created." Got that? Fast forward to 2011. Wellington's 12 descendants will now split a fortune estimated at around $110 million dollars. The trust must be distributed by May 21st.

Practical Bar Exam Tips from the Nutmeg Lawyer

2011-05-10T01:00:00.013-04:00

As a duly admitted member of the Connecticut Bar, I know what it's like to take the bar exam. As the most widely read legal blog in the nation by law students who have taken the bar exam at least nine times, it is my duty to provide my legal expertise. As such, I offer these words of advice. Think of me as Socrates as I lead you through my fruited garden of knowledge.

As demonstrated by Conan

Make Sure to Wear Comfortable Clothes:

You may have seen some movies where bar exam takers are dressed up in suits and ties. Forget it. The days of prim and proper are over. I recommend wearing jeggings. If you are not familiar with this product, jeggings are nylon leggings that are made to look like denim jeans. You will be relaxed and comfortable while projecting a professional image of sophistication. Your look will surely intimidate those around you. It can be the extra edge you need to score higher on the exam.

Get Yourself a "Yellin' Jar" :

Chances are you will have lots of pent up emotion. You will need to let some of it out. Studying in the library presents a problem. You need to be quiet. I may have the solution for you. Clean out a standard pickle or Hellman's mayonaise jar. Make sure it's glass. Whenever you feel stress, yell into your jar at the top of your lungs. You will feel better. You can even decorate it with glitter, fur or an assortment of skull & bones graphics. If you decide to decorate your jar with a skull & bones, make sure you do not store it with any similarly marked jars of poison.

Practice Using a Pencil:

Chances are you may have never used a wooden pencil. Before i Pads, twitter, texting and touch screen tablets, students used crude writing implements called pencils. Made out of wood, students would have to grind pencils down in devices known as pencil sharpeners. Often yellow in color and marked with a number 2, each pencil was outfitted with an eraser. This device was used much like the delete button on your laptop. Imagine writing with a chopstick from your favorite sushi restaurant. That's kinda like a pencil. Last time I checked, they were still in use for the bar exam.

Visit your local court house.

Take a walk around your local court house. Watch some local lawyers in action. This should inspire you. You will learn that our ranks are filled with competent orators as well as inept idiots. You may also want to watch a few commercials for area attorneys. If they can pass the bar exam, so can you.

Our Warmest Thanks

2011-05-09T10:11:00.002-04:00

I would like to take the occasion of today's post to thank the many new readers we have received lately. Our post on Angelo Carrusone and Glenn Beck has actually doubled our readership in recent days. We have also seen an increase in people subscribing to the Nutmeg Lawyer for their Kindles. A pleasant surprise.

Following our inclusion into the ABA 100, I decided to start posting more often. We went from five posts in November to twenty seven posts in December. Since that time, we have kept a steady pace of daily posts. With a busy law practice, a weekly legal newspaper column and my obligations as president of the Tony Danza fan club,it can get tough at times. I may eventually get to the point where I will be writing about fun ways to dress up your cat. Until then, we will do our best to remain a daily blog. And by "we" I mean the "royal we". We is just me you see. As always, I appreciate your comments, emails and support of the Nutmeg Lawyer.

Criminal of the Week: Todd Franklin Curtis. Lego My Lego

2011-05-06T07:57:00.000-04:00

Growing up, I never one of those kids that liked to play with Legos. My guess is that I was just too lazy. I wanted my toys already put together. Of course, there are plenty of people who really love legos. Oklahoma City police report that they have arrested a man that may be responsible for a crime spree that netted him $10,000 worth of Legos. (If you have kids, you know that amounts to about four boxes.)

Thirty year old Todd Franklin Curtis allegedly had several Target stores in his crosshairs. Curtis would eventually be caught by the venerable security at Target. They caught on to the man's diabolical scheme. Apparently Todd would push a full cart of Legos to the cash register and would then step outside to pretend to talk on his cell phone. When the coast was clear, Todd would push the cart outside the door. Curtis has been charged with grand larceny.

If you like Legos as much as Todd, our law student readers may enjoy this Lego recreation of Palsgraf v. Long Island Railroad. Good luck with finals.

Connecticut Law Day Event Honors the Legacy of John Adams

2011-05-05T22:03:00.000-04:00

The Connecticut Bar Association and the Connecticut Judicial Branch hosted a Law Day Celebration on Tuesday, May 5 at the Middletown Superior Court, reenacting closing arguments from the Boston Massacre Trial to recognize the legacy of John Adams, this year’s national Law Day theme. Mercy High School’s award-winning mocktrial team served as the jurors, while attorneys Wes Horton and Kevin Kane portrayed John Adams and Samuel Quincy, respectively.Judge Susan B. Handy and Judge Robert L. Holzberg presided over the event.

On Tuesday, May 5, the Middletown Superior Court set the scene for a reenactment of the Boston Massacre Trial. A joint effort of the Connecticut Bar Association (CBA) and the Connecticut Judicial Branch, the mock trial celebrated Law Day and the legacy of founding father John Adams. Attorneys Wes Horton and Kevin Kane portrayed defense attorney JohnAdams and prosecutor Samuel Quincy, respectively, while Mercy High School’s championship mock trial team served as the jury and CBA staff represented the nine accused British soldiers.

(Editor's note: To learn more about the Connecticut Bar Association, please visit them at www.ctbar.org. You can also follow them on Twitter @CTBar.)

Will Connecticut Be Up in Smoke?

2011-05-04T01:00:00.002-04:00

A bill that would legalize medical marijuana in the Nutmeg State advanced through the Public Health Committee. A 26 to 4 vote will now send the bill to the Senate. The vote has not been scheduled yet.

So how's it work? According to the proposals, people would need to get written certification from their doctor to legally possess up to an ounce of marijuana. They would be able to grow no more than four 4 foot high plants. Of course, it's not for any ailment. You need to prove you have a serious medical condition like cancer, Parkinson's disease, AIDS, MS or glaucoma.

What the proposal does not address is how eligible residents would be able to get the medicinal marijuana. Not everyone has a green thumb and more seriously ill patients may not have the ability. We'll keep you updated as this debate progresses along. Read more at the Hartford Courant.

Meet Angelo Carusone. The Guy Who Took Away Glenn Beck's Pied Pipe.

2011-05-03T01:00:00.002-04:00

With economic woes and natural disasters, the nation has been hungry for legends and fairytales. Movie audiences continue to clamor for larger than life heroes that can leap tall buildings with a single bound or vanquish villains with a POW! and a BAM! The fairytale wedding of an English prince to a "regular girl" and the death of the world's most hated boogey man had Americans glued to their collective television sets.

Here in the United States, we had another bedtime story. Once upon a time a young man noticed millions of enamored Americans being misled by a television pundit. He would dare to point out that the emperor had no clothes. He would take the pipe from the pied piper. He would help bring down Glenn Beck. And he's a recent law grad to boot.

Mild mannered Angelo Carusone proved to be Glenn Beck's greatest nemesis. He would take away the chalk from Lex Luthor's hand. Heck, Angelo proved to be Scooby Doo and the Mystery Inc. gang all rolled into one. Old man Beck would have gotten away with it too if not for that meddling kid at StopBeck.com (Too much? OK, maybe I read too many comic books as a kid).

Like Peter Parker, Angelo Carusone was a native New Yorker. He began noticing some outlandish claims being made on the Glenn Beck show. A former competitive debate champion, Carusone was well versed in the importance of presenting the facts. After watching Beck's show, he noticed that the show was devoid of them. Nevertheless, millions of Glenn Beck's fans were mesmerized by his words. Beck had the secret formula. He played into people's deep seeded fears and prejudices. He would mix in a little truth with a little lie. He would then hit repeat. Beck's television show was on several times a day. He was on the radio. He was on the internet. He was writing books, holding rallies and touring the country. His followers were beginning to believe some pretty ridiculous things. It was dividing the country. After all, it's hard to doubt a man sitting in front of the American flag and cutouts of our founding fathers. George Washington never told a lie. Plus he wrote on a chalkboard and wore glasses.
Your teacher wouldn't lie to you either.

Carusone was fed up. He contacted Fox News with a request that they start being more responsible with their reporting. When they turned a blind eye to him, Angelo turned to twitter via the moniker @stopbeck. It was the worst thing that could happen to Glenn Beck. Not only was Carusone a former debate champion, he would enhance his skills at the University of Wisconsin's School of Law. He had facts, common sense and over 23,000 like minded twitter followers on his side. (Heck, Hall & Oates only has around 1700. Ronald Reagan's son Michael has a little over 4000).

Carusone started contacting Beck's sponsors to point out the vitriol and outlandish lies coming out of the Glenn Beck camp. In August of 2009, Kraft Foods became the first company to listen. Hundreds would follow suit. The show completely lacked sponsors in Britain. Media Matters took notice of Angelo's efforts and hired him in their efforts to hold Fox News accountable. Glenn's ratings dropped as an estimated third of his audience left. He was left with fringe sponsors that appealed to the doom and gloom crowd. They included a company that sold $150 super seeds to help you prepare for Armageddon. Yes, Glenn Beck fans were being sold "magic beans." Which brings us back to Jack...errr Angelo, the giant killer.

I began following Angelo Carusone on Twitter. I was amazed at the threatening language and vulgar insults publicly hurled at Mr. Carusone for his efforts. I can only imagine the private emails he received. I applaud him for sticking with it. I like when the good guy triumphs in fairy tales. It's even better when it happens in real life. Fox has announced the cancellation of the Glenn Beck show. Maybe we can all now live happily ever after.

Full Text of President's Speech on Death of Osama Bin Laden

2011-05-02T00:47:00.002-04:00

For Immediate Release May 1, 2011

REMARKS BY THE PRESIDENT ON OSAMA BIN LADEN

East Room

11:35 P.M. EDT

THE PRESIDENT: Good evening. Tonight, I can report to the American people and to the world that the United States has conducted an operation that killed Osama bin Laden, the leader of al Qaeda, and a terrorist who’s responsible for the murder of thousands of innocent men, women, and children.

It was nearly 10 years ago that a bright September day was darkened by the worst attack on the American people in our history. The images of 9/11 are seared into our national memory — hijacked planes cutting through a cloudless September sky; the Twin Towers collapsing to the ground; black smoke billowing up from the Pentagon; the wreckage of Flight 93 in Shanksville, Pennsylvania, where the actions of heroic citizens saved even more heartbreak and destruction.

And yet we know that the worst images are those that were unseen to the world. The empty seat at the dinner table. Children who were forced to grow up without their mother or their father. Parents who would never know the feeling of their child’s embrace. Nearly 3,000 citizens taken from us, leaving a gaping hole in our hearts.

On September 11, 2001, in our time of grief, the American people came together. We offered our neighbors a hand, and we offered the wounded our blood. We reaffirmed our ties to each other, and our love of community and country. On that day, no matter where we came from, what God we prayed to, or what race or ethnicity we were, we were united as one American family.

We were also united in our resolve to protect our nation and to bring those who committed this vicious attack to justice. We quickly learned that the 9/11 attacks were carried out by al Qaeda — an organization headed by Osama bin Laden, which had openly declared war on the United States and was committed to killing innocents in our country and around the globe. And so we went to war against al Qaeda to protect our citizens, our friends, and our allies.

Over the last 10 years, thanks to the tireless and heroic work of our military and our counterterrorism professionals, we’ve made great strides in that effort. We’ve disrupted terrorist attacks and strengthened our homeland defense. In Afghanistan, we removed the Taliban government, which had given bin Laden and al Qaeda safe haven and support. And around the globe, we worked with our friends and allies to capture or kill scores of al Qaeda terrorists, including several who were a part of the 9/11 plot.

Yet Osama bin Laden avoided capture and escaped across the Afghan border into Pakistan. Meanwhile, al Qaeda continued to operate from along that border and operate through its affiliates across the world.

And so shortly after taking office, I directed Leon Panetta, the director of the CIA, to make the killing or capture of bin Laden the top priority of our war against al Qaeda, even as we continued our broader efforts to disrupt, dismantle, and defeat his network.

Then, last August, after years of painstaking work by our intelligence community, I was briefed on a possible lead to bin Laden. It was far from certain, and it took many months to run this thread to ground. I met repeatedly with my national security team as we developed more information about the possibility that we had located bin Laden hiding within a compound deep inside of Pakistan. And finally, last week, I determined that we had enough intelligence to take action, and authorized an operation to get Osama bin Laden and bring him to justice.

Today, at my direction, the United States launched a targeted operation against that compound in Abbottabad, Pakistan. A small team of Americans carried out the operation with extraordinary courage and capability. No Americans were harmed. They took care to avoid civilian casualties. After a firefight, they killed Osama bin Laden and took custody of his body.

For over two decades, bin Laden has been al Qaeda’s leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our nation’s effort to defeat al Qaeda.

Yet his death does not mark the end of our effort. There’s no doubt that al Qaeda will continue to pursue attacks against us. We must –- and we will — remain vigilant at home and abroad.

As we do, we must also reaffirm that the United States is not –- and never will be -– at war with Islam. I’ve made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, al Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.

Over the years, I’ve repeatedly made clear that we would take action within Pakistan if we knew where bin Laden was. That is what we’ve done. But it’s important to note that our counterterrorism cooperation with Pakistan helped lead us to bin Laden and the compound where he was hiding. Indeed, bin Laden had declared war against Pakistan as well, and ordered attacks against the Pakistani people.

Tonight, I called President Zardari, and my team has also spoken with their Pakistani counterparts. They agree that this is a good and historic day for both of our nations. And going forward, it is essential that Pakistan continue to join us in the fight against al Qaeda and its affiliates.

The American people did not choose this fight. It came to our shores, and started with the senseless slaughter of our citizens. After nearly 10 years of service, struggle, and sacrifice, we know well the costs of war. These efforts weigh on me every time I, as Commander-in-Chief, have to sign a letter to a family that has lost a loved one, or look into the eyes of a service member who’s been gravely wounded.

So Americans understand the costs of war. Yet as a country, we will never tolerate our security being threatened, nor stand idly by when our people have been killed. We will be relentless in defense of our citizens and our friends and allies. We will be true to the values that make us who we are. And on nights like this one, we can say to those families who have lost loved ones to al Qaeda’s terror: Justice has been done.

Tonight, we give thanks to the countless intelligence and counterterrorism professionals who’ve worked tirelessly to achieve this outcome. The American people do not see their work, nor know their names. But tonight, they feel the satisfaction of their work and the result of their pursuit of justice.

We give thanks for the men who carried out this operation, for they exemplify the professionalism, patriotism, and unparalleled courage of those who serve our country. And they are part of a generation that has borne the heaviest share of the burden since that September day.

Finally, let me say to the families who lost loved ones on 9/11 that we have never forgotten your loss, nor wavered in our commitment to see that we do whatever it takes to prevent another attack on our shores.

And tonight, let us think back to the sense of unity that prevailed on 9/11. I know that it has, at times, frayed. Yet today’s achievement is a testament to the greatness of our country and the determination of the American people.

The cause of securing our country is not complete. But tonight, we are once again reminded that America can do whatever we set our mind to. That is the story of our history, whether it’s the pursuit of prosperity for our people, or the struggle for equality for all our citizens; our commitment to stand up for our values abroad, and our sacrifices to make the world a safer place.

Let us remember that we can do these things not just because of wealth or power, but because of who we are: one nation, under God, indivisible, with liberty and justice for all.

Thank you. May God bless you. And may God bless the United States of America.

Breaking News: Reports Indicate Osama bin Laden Dead

2011-05-01T22:08:00.000-04:00

Reports indicate that Osama Bin Laden is indeed dead and US forces are in possession of the body. The body was apparently found in a stately home in Islamabad. Bin Laden was killed by US Special Op Forces. The news has been spreading via twitter. Keith Urbahn, the chief of staff to former defense secretary Donald Rumsfeld tweeted "I'm told by a reputable person, they have killed Osama Bin Laden." There are chants of USA in front of the White House. People are singing the national anthem across the nation. I think President Obama just got himself re-elected.

Breaking News: New Britain Police Captain Takes Own Life After DUI Arrest

2011-04-30T18:15:00.010-04:00

New Britain Herald

The New Britain Herald is reporting that Captain Matthew Tuttle of the New Britain police department was found dead today at his Middletown home. Reports indicated the 26 year veteran killed himself around 2 PM. Apaprently Captain Tuttle was arrested the night before for allegedly driving under the influence and evading responsibility for an accident. Reports indicate no one was seriously injured. Police eventually caught up to Tuttle after leaving the scene of the accident at around 12:44 AM. The accident occurred on Route 9 in Berlin.

Tuttle served with distinction in the department's professional standards division. He also served as an academy commander and instructor, and a special response team commander. His death comes on the heels of another apparent officer suicide. This past Thursday, Rocky Hill Police officers found the body of fellow officer Sgt. Leonard Kulas in his squad car. Connecticut medical examiner's report that the death was the result of a self inflicted gun shot wound to the head.

As a practicing attorney in New Britain, I have had the opportunity to cross paths with Captain Tuttle. I always found him to be a professional, friendly and courteous officer. Growing up in Rocky Hill, I also have many fond memories of the Rocky Hill Police Department. I send my condolences and prayers to the Tuttle and Kulas families and the New Britain and Rocky Hill Police Departments during this difficult time.

The Nutmeg Lawyer's Exclusive Coverage of the Royal Wedding.

2011-04-29T12:53:00.012-04:00

Yes, I know that today there is a royal wedding in Merry Old England. The marriage of His Royal Highness Prince William Arthur Philip Louis, Duke of Cambridge, Earl of Strathearn, Baron Carrickfergus, Royal Knight Companion of the Most Noble Order of the Garter, Master of Arts to that commoner. I mean really? A commoner? I say poppycock. (I assume that's what they say in Britain). I know that I am expected to write a review of the nuptials. After all, the Nutmeg Lawyer is the nation's leading legal blog among English muffin aficionados who collect commemorative plates. Nevertheless, I shan't be covering the wedding.

It irks me. Today is also my birthday. Why should they get all the attention? Why else did we have all that fuss back in 1776. While they are riding around in fancy carriages, I spent the occasion stuck in court taking care of a few pro bono speeding tickets for relatives. (Editor's note: Come on, it's my birthday is not a valid legal argument) Not only is it my birthday, it is also my wedding anniversary. That William character even took my idea of having a horse drawn carriage.

Now that I am a year older. I am a year wiser. I will take the occasion of the royal nuptials and my birthday to share 5 learned tips of wisdom. I offer these to any younger attorneys that may just be starting out.

1. If you are driving near a court house, do not "flip" someone off. You never know if that old guy who cut you off in the Mercedes is a judge or a prosecutor. Let it go.

2. Always be polite to court marshals and staff. These are the people that have the ears of judges. They control the calendars. They control whether or not you go through the metal detector quickly or whether you will be subjected to a friskier Terry frisk.

3. Don't sell yourself short. It's OK to lower your fee. Just remember that your time is valuable. In my own practice, I've noticed that charging too little often makes the client think your services might be substandard. Heck, if you were getting eye surgery would you go for the guy with the $19.95 special?

4. Always make sure that your cell phone is off before appearing in front of the bench. You're going to going to come off pretty goofy if your Lady Gaga ringtone goes off during your opening statements.

5. Make time for your family and yourself.

Criminal of the Week: Johnathan Washburn

2011-04-29T05:28:00.000-04:00

Holy Flock of Seagulls. A 23 year old Texas Man was arrested for beating another man with his skateboard. Johnathan Washburn grew upset when another man took a picture of his goofy haircut. When the man refused to delete the image, Washburn hit him over the head with his skateboard. He was charged with aggravated assault with a deadly weapon. The arrest surprised me. Judging by the picture, Johnathan seems like the type of guy that is good at making decisions.

Saving Old Glory From Obama. A Lawyer's Encounter with a Birther

2011-04-28T09:00:00.001-04:00

It looks as though President Obama has finally released his birth certificate. Hopefully, this will put an end to those nutty birther claims that seem to linger
in our national discussion. It will allow our country to focus on what really matters. Donald Trump can go back to promoting Celebrity Apprentice. I also feel bad for author Jerome Corsi. His book "Where is the Birth Certificate?" comes out May 17. I guess timing is everything. His "work" is now as relevant as a book of past lotto numbers.

I can't think of any other president that was subjected to such foolishness. Our democratically elected president actually had to prove that he was an American. Not even George Washington had to do that. Rumor has it old George was not born in the United States. He was born in a British colony. I heard the same rumor about John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and Andrew Jackson.

And what about that argument about natural born citizens. Birthers claim that to be eligible for the presidency, both your parents had to be born here.
That puts about seven of our US presidents in a pickle. Besides President Obama, Thomas Jefferson's mother was born in England. Andrew Jackson had 2 immigrant parents. Both born in Ireland. Presidents Buchanan and Arthur had Irish fathers Presidents Woodrow Wilson and Herbert Hoover had mothers who were born in England and Canada.

So for the last time, here is my own encounter with a birther as I save America One Client at a Time. Perhaps I can finally put this post to pasture:

My grandfather always told me never to bring up politics or religion. Unfortunately, I broke that rule today when a man came into my office wanting to sue someone. He said he couldn't pay me, but it was my duty to take on this case as a patriotic American. "I'm a patriotic American." I thought. " I could give this guy five minutes of my time." I invited the man to have a seat, pulled out a yellow legal pad and clicked open my pen. "So how can I help you and Old Glory?" I inquired. "We need to sue Barack Hussein Obama, the usurper". "Fear not, Macbeth; no man that's born of woman shall e'er have power upon thee." I exclaimed as I showed off my knowledge of Shakespeare.

"But that's my point. Obama ain't no natural born." he claimed. "Are you telling me MacDuff errr Obama was not born of a woman?" I asked incredously. "No, he was born in Kenya and is a Muslim. He's not a natural born citizen. He can't be president. Didn't they teach you about the constitution in your fancy New York law school?" I sat in stunned silence. No one ever called my law school fancy before.

Mr. Peanut laid out his argument. I was fortunate to be graced with the truth. As a reader of this blog, I now share that insight with you. The words he produced were like beautiful brush strokes on an old painter's canvas. Everytime he put extra inflection on the word "Hussein", I swore I heard an angel flap its wings. "Why won't he produce the birth certificate?" he demanded. Probably a CIA cover up to hide the truth."

Even before he uttered CIA, my first clue should have been the heavy plastic binders he brought overflowing with countless laminated pages. I had a little experience with conspiracy theorists. Before private practice, I spent several years working for a member of the Kennedy clan. As you can imagine, Kennedys are like crack to these people. Nevertheless, like an unfortunate teen camper in a slasher film, I decided to investigate further. What's that scraping noise? Don't worry, let me find out. I'll ask the guy in the hockey mask. As Mr. Peanut rambled on, I began accessing my options. The jump out of my window would not necessarily kill me, but my wife surely would for ruining my new suit. Faking a heart attack was out of the question. I used that trick last week. It also didn't help that the ambulances drivers knew I was in perfect shape. They often watched me run after them. I decided to trudge onward.

Now, I have always been of the opinion that the constitution guarantees you the right to be a jackass. If you want to believe that the world is flat, unicorns exist or that WWE wrestling is real, be my guest. In a weird way, I enjoy these occasional nuts that wander into my office. They make great cocktail conversation and give me fodder for my blog. They only seem to get dangerous when they find a little support in the mainstream. Not surprisingly, Mr. Peanut mentioned a small group of Congressmen, Lou Dobbs, G. Gordon Liddy, Alan Keyes Glenn Beck, Sean Hannity, Donald Trump, the Oriole's Luke Scott and the editor of the World Net Daily who claims he uncovered Wikipedia discrepancies in listing Obama's birth as proof. Wikipedia, the online encyclopedia that allows anyone to alter the entries? Well, I'm sold.

My client also mentioned lawyers that supported the "birther cause." "Lots of lawyers agree with me" Mr. Peanut added confidently. I smiled. "Anyone I know?" I like when people hold lawyers in high esteem. I like that mothers want their kids to grow up to be members of the bar. I always smile when a shopkeeper brags that his clients include attorneys as if it is a source of prestige. As such, I scoffed at the notion that a member of the bar would jump on the Birther conspiracy bandwagon. The hours of law study, the strenous bar exam....you have to have some semblance of intelligence to become a lawyer. Then again, think of the lawyers you know. Not all of our bar bretheren are exactly Mensa candidates. After practicing for a few years, it's clear that you can be book smart and a yet a complete moron. I do not mean to come off snooty. But whether you are a Republican or a Democrat, the argument regarding Obama's birth is settled. Even Ann Coulter says it's a dead issue.

Newspaper accounts announced his birth, the state of Hawaii produced a birth certificate with a raised seal, the director of Hawaiian public health confirmed the birth, the Republican governor of Hawaii confirmed his birth, his mother was a US citizen, he underwent a strenous vetting process, and I am fairly confident Hawaii is a state. I think it's the one where Magnum lives with Higgins. So what's the debate about? Frankly, I don't get it. Wouldn't there be some record of entry at customs that the Obamas brought a kid back into the country. We've been keeping these types of records since Ellis Island. Do birthers really believe that there was a conspiracy for 40 plus years over several continents in a plan to someday make Barack Obama president. A conspiracy that would have to include planted birth announcements in the 60s, the bribing of the Republican governor of Hawaii and the state's health director, the destruction of Kenyan birth records and committing the deaths of several witnesses including Obama's parents and the birth doctor. The obvious answer is that Obama's grandmother, knowing that her grandson would one day run for president, had a time machine and traveled back in time to place newspaper announcements in 1960s Hawaii even though he was born in Kenya. Why isn't anyone investigating Michael J Fox? He has access to a time machine. Look for newspaper accounts of lightning storms hitting clock towers in Honolulu, Hawaii in 1961.

Update- Now that the long form birth certificate has been provided, the issue is settled. Next Up: If the world is round, why don't people keep rolling off?

You're Only As Good As Your Support Staff

2011-04-27T09:00:00.004-04:00

As the nation's leading legal blog among people who consistently confuse Al Pacino with Robert DeNiro, it is my obligation to remind readers of important events. April 27th is Administrative Professionals Day. Traditionally, it is a day to recognize the work of secretaries, administrative assistants, receptionists and other administrative support professionals. It is a day you should let your staff know that you appreciate their hard work.

With increased caseloads, today's legal staffers often takes on an increasing amount of substantive work responsibilities. As the old saying goes, good help can be hard to find. Employing good support staff can make or break your law practice. They are your troops on the front line. The foundation in your shaky house of cards. Your staff reflects on you. Bad employees can cost you time and money. A unpleasant curmudgeonly chain smoking secretary can have a negative impact on your client relationships. A consistently late receptionist can be missing important calls, perhaps even a big case. Eventually, this will affect your bottom line.

Not surprisingly, its best to keep productive staffers happy. Your staff reflects on you. They can be your best marketing tool. So this Administrative Professional's day make sure you let your staff know how much you appreciate them. That does not mean a certificate for discounted legal services. You completely forgot? No time to pick up that engraved paperweight? Don't worry, we've got your back. Here's some last minute ideas.

Of course, our offices' personal favorite:

Rebecca Black's Friday Fun Brings Monday Lawsuits.

2011-04-26T07:00:00.000-04:00

You may be one of the millions of Americans who have stumbled across 13 year old Rebecca Black and her Youtube posted song "Friday." With lyrics like "Fun Fun Fun Fun" and "Yesterday was Thursday. Today is Friday ", the song sticks in your head like the Macarena or the love theme from Titanic. I have already been threatened with divorce after spending one Saturday incessentally singing "Friday Friday, Fun Fun Fun Fun" Apparently Black's mother paid $2000 to have two songs written and a video produced for her daughter.

According to Rolling Stone, the young artist's mother has accused Ark Music Factory of copyright infringement. If you plan to break out the torches and pitchforks, Ark Music Factory is the company who is responsible for the youtube video sensation "Friday". Giorgina Kelly is seeking all rights to the song and accuses the company of exploiting her daughter's likeness on social media without the artist's permission. Black is represented by Attorney Brian Schall and has since signed with another record company. (Editors Note: Here is "Bob Dylan's" take on the song.)

The Nutmeg Lawyer's North American Field Guide to Clients

2011-04-25T01:00:00.001-04:00

The following is a tongue in cheek list of different client types that we have gathered through stories heard in courthouse hallways, by office water coolers and on the back nine. We invite you to submit your own suggestions to our growing list of client types:

The Pseudo Lawyer (fakeus wannabeus): Several of your clients may fall into this category. These are the clients that think they know more about the law than you do. Often, these individuals have jobs that grant them a certain amount of exposure to the law. Used car salesmen prepare contracts, repairmen work with insurance companies, mortgage brokers and real estate agents deal with some of the legalities in preparing closings, and notaries witness legal documents. Whatever the case, clients that fall into this category often feel like they have an inside track to the law. In their minds, the only difference between you and them is a piece of paper on the wall. Some can be difficult to deal with and may second guess your judgment. The Pseudo lawyer can also cause problems with your regular clients. Your client might know a pseudo lawyer who will feels the need to give their own "expert" advice to your client. Not only is this unethical, the advice is usually bad as they usually do not have "the full story" regarding your client's case. They might know a lot about dealing with insurance companies, but may not truly understand more nuanced aspects of tort law.

The Pauper Prince (igotta nomoneya) is the client who will complain about your rates and will give you a sob story of how they simply cannot afford them. They will present themselves as a struggling poor man who barely keeps his family fed. They will press on you to compromise for a significantly lower rate. You usually won't spot the client's brand new Mercedes and Rolex until the retainer is signed.

The Angry Hulk (incredibulus hulkus) client can be very dangerous. Approach cautiously. They are usually angry at the world and have strange mood swings. They write letters to congressmen, the governor, even Oprah about perceived slights against them. They usually liken their legal perdicaments to terrorism, prejudice, government conspiracy, or some variation. They let their legal matters consume them like gamma rays. They love terms like libel and slander. When the object of their anger is not in reach, they can easily turn their anger on you. Whenever I have one of these clients leave my office, I always hear the haunting theme from the Incredible Hulk tv series playing in my head.

Family Members (kuzinus annoyus): As a result of your familial relations, the attorney-client relationship with a family member can be a unique one. Cousin Cleetus might feel that he does not need to make an appointment to see you and that you will do his case for a significant discount. That discount is usually free. Representing family members can make family cookouts, birthdays and weddings a nightmare. You will get calls at home on the weekend as well as the office. On the plus side, your family knows you best. They can also be the greatest source of referrals for future business. Do a good job and they will surely brag about their cousin the lawyer.

Napoleons (shortguyus complexus) Clients who suffer from this malady are very bossy. They will often remind you that they do not have time and that they are very important. Corporate executives aside, these can also include certain types of small business owners. They demand to see you at the drop of a hat and insist that they would have done their legal matter themselves, but they are too busy and too important. Often a braggart, the Napoleon types can be rude to your staff and suffer from an inferiority complex.

The Loch Ness Client (figmentus imaginus): These are the clients that pay on time, value your advice and refer clients to you. They make appointments and speak highly of your counsel. They are pleasant to staff and do not incessantly call you every day. They are laid back and give you the opportunity to do your job. Sadly, they are the product of fairytales and bedtime stories.

The Serial Killer (dontkilla mea): These are the clients that are quiet and a little on the meek side. They usually come into your office with a friend (usually a pseudo lawyer). You might take note that when you see a serial killer on the news, the neighbors usually say things like "Mr. Dahmer seemed like a nice guy. Quiet. Kept to himself." I am not suggesting that a quiet client is necessarily a serial killer. I do think, however, that a few in the bunch might be holding in a lot of anger. They are nice in the beginning and agree with your advice. Then the pseudo lawyer or that gravely voice in their head might suggest something ridiculous to them. Suddenly, the great settlement offer you managed to negotiate is far too little because so and so said that he had a friend who had a similar case and the guy got 12 million dollars. (Never mind the fact that unlike your client's minor fender bender, the 12 million dollar man permanently lost his eyebrows, two arms, a foot and half a testicle.)

The Blood Sucker (wastus billablehourus): These are the clients that suck the life out of you. They usually have the smallest cases but will take up the most of your time. You will find yourself answering the same questions over and over again. It gets even worse if you made the mistake of charging a flat fee. The blood sucker will approach you at the most curious times. I have been approached by them while waiting in line at the grocery store, confession, even at funerals. They'll make an appointment for Wednesday and will come in on Tuesday. They will call you several times a day before a court date months away. Blood suckers usually think that they are your only client. They require hours of hand holding. I recommend lots of garlic. If your breath stinks, they will shorten their face time with you.

The Shopper (searchusfer dacheapus): Shoppers should always raise red flags with you. These are the clients that have seen several lawyers before you. It might be in your best interest to speak to some of the previous attorneys before taking the case. Although the shopper may have an understandable reason why they left their former attorney, chances are this person might be a difficult problem client. They will undoubtedly take up more of your time than it is worth. Shoppers are often blood suckers in disguise.

The "Ralphies" (impatientus clientus). In the movie "A Christmas Story", 10 year old Ralphie cannot wait for the arrival of Christmas so he can get "an official Red Ryder carbine-action 200-shot range model air rifle with a compass in the stock, and this thing which tells time." Ralphies are impatient clients. They want their legal matters settled immediately. They don't understand that Christmas isn't for another several months. They have to undergo the mandatory waiting period for their divorce, they have to be patient before they receive their settlement or they have to let the legal process play out in court. I usually tell Ralphie clients that if we rush their case, it will not bode well for them. They might shoot their eye out.

The Scotties (analysus everythingus) : No, not Scotsmen. Engineers. (Scotty was the engineer on Star Trek). You can pretty much lump any analytical thinkers into this group. My client base includes many engineers from a variety of fields. We even have a train engineer as a client. The majority of them are wonderful. There is a handful, however, that really drive me crazy. They are the clients who seem to think they are smarter than you. They do their own research on the internet and second guess your advice. They will question the smallest details of every aspect of their case. They ask for copies of everything and provide you with their own research. I had one client who brought me in copies of local city ordinances from the early 1900s and blueprints of his neighbor's house. Another one brought me manuals, torque calibrations and other statistics for a 1976 Dodge Dart. He also brought NASA records regarding the position of the sun on the day he ran a red light. The prosecutor offered him a nolle in exchange for a fifty dollar donation. He wanted to take it to trial for the principle of the thing. Just make sure you show them that your giving it all you got.

Trust Fund Kids (parisus hiltonus): We always hear about the me generation. These kids are usually arrested for some stupid crime ranging from underage drinking to lawn ornament theft. Police reports often indicate that they mouthed off to the cop. Usually they make some referrence to "I pay your salary", "my allowance is more than your salary" or my "car is worth more than you." They often come to the office in their parent's Mercedes or BMW. They often have moussed up hair with highlights or long bangs covering their eyes. I always have the urge to cut their Justin Beiber-like bangs with my paper cutter so they would stop incessantly flicking their hair back. While often annoying, they usually lose their bravado in the court room. They can be a great repeat clients and often have friends with similar special needs.

Guys named Stanley: Overall, I really don't have a problem with guys named Stanley. Some of my best clients are named this way. I know it makes no sense. For some reason, it's only the ones that smell like soup. Beef barley in particular. They always cause problems. Then again, this might be a personal one for me.

Editor's note: Do you have your own favorite client type? Let us know. Email nutmeg@ptblegal.com. We will add them to the list.

Criminal's Detailed Tattoo of Crime Scene Leads to His Arrest.

2011-04-22T09:42:00.003-04:00

Look Boss, the jail the jail!

Criminal of the Week: Anthony Garcia

If you practice criminal defense law, you probably would agree that most criminals are not exactly candidates for Mensa. Despite the old adage "loose lips sink ships", many find themselves locked up because they cannot help but brag about their crimes. Take Pico Rivera gang member Anthony Garcia for example.

The Los Angeles Times reports that the ink loving gang member was so proud of his participation in a 2004 liquor store murder, he decided to memorialize it with a tattoo. No, it wasn't a tattoo of Tattoo from Fantasy Island fame. He decided to skip the standard choices of Chinese characters, unicorns and I Love Mom tattoos. Garcia wanted something special. Something unique. He decided to get a detailed sketch of the crime he committed permanently affixed to his chest.

Kevin Lloyd, a sharp eyed LA County homicide investigator was flipping through photos of tattooed gang members when he came across Garcia's photo. His large chest tattoo depicted a liquor store with Christmas lights lining the roof. It was the same liquor store where 23 year old John Juarez was gunned down. Just in case there was any question, the tattoo also included the direction the murdered man's body fell, a street lamp and even street signs. Above the image was the words "Rivera Kills." There was also a firing helicopter. Why a helicopter you ask? Apparently, the gentleman was known as "Chopper" among his illustrious colleagues.

Judging by the tattoo, Garcia also hates peanuts.

Apparently, adding large arrows and the phrase "Pardon me officer, please note that I Anthony Garcia, a member of the Pico River gang killed the individual below as depicted on my detailed tattoo" would have cost too much. Perhaps there was no room for it to also be notarized. Kevin Lloyd's eagle eyed discovery of the telling tattoo would eventually lead to an investigation and a resulting arrest. A detective, posing as a gang member, was placed in Garcia's cell. Garcia was soon bragging about the shooting. This week Mr. Garcia was convicted for first degree murder.

Meet Tara Di Luca. America's Fastest Lawyer

2011-04-21T05:00:00.001-04:00

The First Rule of Focus: Wherever You Are, Be There.
Photo cred. Daniel Jackson cdsportspix.com

The Nutmeg Lawyer has started a new feature where we will be profiling leading attorneys throughout the country. This month, we are pleased to place NY Attorney Tara Di Luca in the NL spotlight. To be honest, we were lucky to catch her. After all, Tara may just be the fastest lawyer in the nation.

An associate at the prestigious law firm of Wilson, Elser, Moskowitz, Eldelman & Dicker, Attorney Di Luca works in the firm's medical malpractice defense group. Ranked as one of the top 50 law firms in the nation by the National Law Journal, Wilson Elser has offices throughout the nation as well as affiliate offices throughout the world including London, Berlin, Mexico and Paris.

If you recognize Tara's name, you may have heard her on WVOX radio discussing issues related to fitness and the law. You may have read some of her published works in various law journals including the New York State Bar Association Law Journal, The Westchester County Law Journal, and the NY State Bar Association's Entertainment, Arts, and Sports Law Journal. Tara is an advocate of maintaining a healthy extracurricular lifestyle outside of the law office. It's good advice. It's a great way to relieve stress and keep your energy up in a demanding law office. But does she practice what she preaches? Absolutely.

"I really enjoy my work and the diverse subject matters and cases that I come across. My work requires a lot of hours, and I find that training and competing is my outlet and stress reliever, and allows me the serenity of going out on the track and focusing on something I love to do. Life is itself mentally and physically draining at times, and training is my outlet to relieve the stressors of everyday life. When I go to the track or gym, I try to leave my worries and stress in the car. It is my time to be "in my zone" and re-charge my body and my mind.

Since the age of 12, Attorney Di Luca has been training and competing in Track & Field Events including sprints, 55 meter hurdles, 60 meter hurdles, and 100 meter outdoor hurdles. In her senior year of high school she qualified for the New York State Championships. Tara continued her success at Fordham University where she broke records at the Division 1 level. She broke collegiate records in both the 55 and 100 meter hurdles. Despite entering the Pace University School of Law, Tara continued to train throughout her studies. Following her graduation she even added fitness/sports modeling. This area of modeling has become more popular over the last few years, given the rise in women competing in athletics, and the "trend" and goal towards a healthy and fit physique. She also works with several supplement companies and photographers in the fitness and sports fields.

I asked Tara if there were any memorable competitions that came to mind. She recalled her experiences at the USA Track & Field Club Nationals in 2009. During the two day event, Tara competed in the 100 meter hurdles where she made the finals at a personal best time. "I remember being really focused those two days, and gave it my all. I also remember repeating to myself one of my favorite quotes, "The first rule of focus is, wherever you are be there." Apparently, Tara refuses to slow down. This past indoor season, she ran a personal best in the 60 meter hurdles, and placed second at the USATF New Jersey Championships.

Still not fast enough for you? Tara also won the 55 meter hurdles this past indoor season at the USATF Long Island and Metropolitan Championships, and placed second at the finals for the Colgate Women's Games at Madison Square Garden. In addition, she qualified for the finals the 60 meter hurdles at the prestigious Boston Invitational meet and missed qualifying for USA National Championships by two tenths of a second, less than the blink of an eye. Next up, Tara will be training for outdoor season, notably for USA Track & Field Club Nationals, and attempting to qualify for Outdoor USA National Championships.

Frankly, it amazes me. After a day in the office, all I want to do is slunk down on the couch and watch bad television. I asked Tara how she managed to balance her training with a demanding work schedule. "Sleep and proper eating habits are key to staying on top of my game both at work and on the track. As an attorney and a competitive athlete, my goal is be a role model for young girls and to encourage individuals who have careers, that it is feasible to have a professional career and also maintain an exercise program, or participate in a hobby that you enjoy. My training program is rigorous, and I typically devote three days a week to track workouts and two days a week at the gym for strength training, when I am in season."

Recently, Tara was asked to participate in the 54th La Biennale di Venezia in 2011, in Venice, Italy. The Indianapolis Museum of Art and Allora & Calzadilla are partnering with national athletic organizations USA Gymnastics and USA Track & Field on three newly commissioned sculptures for the U.S. Pavilion exhibition Gloria at the 54th La Biennale di Venezia. The pieces—"Body in Flight (Delta)," "Body in Flight (American)," and "Track and Field"—will incorporate performances by professional gymnasts and runners. La Biennale di Venezia has for over a century been one of the most prestigious cultural institutions in the world. Since its founding in 1895, it has promoted contemporary culture, new ideas, and artistic trends through major international exhibitions. The 54th International Art Exhibition of the Venice Biennale will take place June 4 – November 27, 2011.

Law Firm Markets Itself By Producing Its Own Soap Opera

2011-04-20T05:03:00.000-04:00

Like Sands of the Hour Glass......
If you read the Nutmeg Lawyer, you know that I like to share ways other attorneys market their firms. One personal injury law firm has taken marketing to new heights. If you live in Tennessee, you may have come across personal injury Attorney Bart Durham's unique take on the tried and true lawyer commercial. The firm has produced several episodes of a soap opera infomercial revolving around a man whose life goes topsy turvy after getting into a serious truck accident. "Coach Foster Fights Back" ends with the poor injured man going to court after getting a low ball offer from the evil insurance company. The film features some of the firm's actual attorneys who wind up winning the big case and saving the day.

Our thanks for the reader submitted tip. I have included some of the firm's commercials below. You can also go on Bart's law office website where you can read about his love of Ferraris. You can't dispute the fact that they stand out from the crowd. I also invite you to read our earlier post on marketing mishaps. (Editor's note: Funny she doesn't look injured)

CT Legal Groups Team Up to Help Veterans Receive Benefits

2011-04-19T13:20:00.000-04:00

For the first time in Connecticut’s history, the Connecticut Veterans Legal Center (CVLC), the Veterans Legal Services Clinic, and the Connecticut Bar Association (CBA) will train volunteer lawyers and other advocates to help veterans apply for discharge upgrades. The training will take place on Weds., April 27 from 2 p.m. to 5 p.m. at Yale Law School.

Most of Connecticut’s 250,000 service members received an “honorable” discharge when they left the military. Many veterans in the state, however, received a less than honorable discharge, which can prevent them from obtaining educational, medical or pension benefits from the Department of Veterans Affairs and limit their civilian employment opportunities. Post-traumatic stress disorder or other service-related injuries may have led to the unfavorable discharge. As a result, many otherwise deserving veterans are ineligible for the very benefits that would help them cope with their in-service trauma.

“We created this training because veterans were calling us for help and we had nowhere to send them,” said CVLC Executive Director Margaret Middleton. “Decorated Vietnam-era combat veterans who are still suffering from PTSD have asked us for help because they received less thanhonorable discharges for impulsive acts that were likely the symptom of a mental health issue that wasn’t well understood at the time. We’ve heard similar stories from Iraq and Afghanistan veterans.”

Veterans can upgrade their discharge status through administrative procedures established by the service branches and in federal court. However, these administrative and judicial processes are complicated and time-consuming for many veterans. Fortunately, lawyers or other trained advocates can help veterans apply for discharge upgrades and receive critical services. This training will increase the number of Connecticut lawyers available to assist veterans in such cases.

“Yale law students have taken on a number of cases, but our resources are inadequate to meet the needs of all Connecticut veterans,” said Yale Law School Clinical Professor of Law Michael Wishnie. “By offering a training program with CVLC and the Connecticut Bar Association, more attorneys will assist more veterans in these vitally important cases.”

Instructors will include Ms. Middleton, Professor Wishnie, and Eugene Fidell, a national military law expert and Florence Rogatz Lecturer in Law at Yale Law School.

The Connecticut Bar Association is a membership organization of Connecticut attorneys working to advance the principles of justice, the practice of law and the public understanding of the law (https://www.ctbar.org).

Connecticut Veterans Legal Center is a nonprofit organization that helps homeless and mentally ill military veterans build stable and independent lives by resolving their legal issues and helping them secure the educational, medical and pension benefits they have earned (http://ctveteranslegal.org/).

The Veterans Legal Services Clinic is a part of the Jerome N. Frank Legal Services Organization at Yale Law School. Clinic students working under the supervision of clinical faculty represent veterans without charge in matters related to their military service or return to civilian life (http://www.law.yale.edu/academics/veteranslegalservicesclinic.htm).

For more info contact:

Tom Ciuba, Public Relations Specialist

(860) 612-2028

tciuba@ctbar.org

Margaret Middleton

Executive Director, The Connecticut Veterans Legal Center

(203)903-2852

mmiddleton@ctveteranslegal.org

Random Acts of Happiness

2011-04-18T03:12:00.000-04:00

Going a little off topic today. If you're not familiar with Edible Arrangements, they make unique bouquets out of fruit. If you're lucky, you get one with chocolate dipped fruit, peanut butter chocolate dipped bananas, or fruit truffles. Our law firm often uses the services of Edible Arrangements for various events. I've noticed that serving divorce papers accompanied with chocolate covered strawberries can take the sting out of a divorce. Chocolate strawberries aside, I was happy to see that the company also gives back to the community.

Edible Arrangements has launched Random Acts of Happiness. Whether it’s a door being held open by a complete stranger or rebuilding a local playground, Random Acts of Happiness are everywhere. Each Random Act you share enters you for a chance to win the ultimate Random Act of Happiness from Edible Arrangements: $10,000 for individuals and $20,000 for groups. Edible Arrangements will donate $1 to Big Brothers Big Sisters (up to $20,000). I encourage our readers to support Random Acts of Happiness.

The ultra talented singer Mo' Fruit in this tongue in cheek commercial is actually my cousin Monique Manczuk. I may ask this group to do one of these promos for my law practice. What rhymes with personal injury?

Fedoras, Pony Tails and Buckskin Jackets

2011-04-17T06:00:00.000-04:00

Can a Trademark Look Make You a More Successful Lawyer?
It seems these days we are seeing a big nod to the 1960s. On the Silver Screen, both Men In Black III and the new X-Men film are apparently going to be set in the sixties. Mad Men will be returning for a new season. Fashion runways are filled with sixties inspired fashions while songs by artists like Cee Lo favor an up-beat Motown sound. Commercials feature some of the era's best songs. Volkswagen is reintroducing their iconic VW Bus. I've even noticed a few attorneys sporting fedoras.

The fedora may be just the thing I need to make me a successful lawyer. Several lawyers of note have adopted trademark looks. Maybe that's the key? Gloria Allred wears signature red dresses.Watergate special prosecutor Archibald Cox wore a trademark bow tie. Ron Kuby wears a ponytail. Gerry Spence wears a cowboy hat and a frilly buckskin leather jacket that would make any Whitesnake fan proud. Even Matlock wore an iconic powder blue seersucker suit. Maybe a fedora could be my thing. Hopefully, Charlie Sheen didn't ruin it for me.

I hope Charlie Sheen hasn't done to fedoras what Jon Gosselin has done to Ed Hardy Shirts. You see someone in one of those Ed Hardy shirts and you automatically assume the guy is a cretin. If the fedora thing is done, maybe I'll go the Gerry Spence route. I always wanted to be a cowboy.

Want to Schmooze? Put Down your I-Pad and Pick Up a Golf Club.

2011-04-15T06:09:00.000-04:00

As I like to remind my readers, Ben Franklin once said that the Constitution only guarantees you the right to the pursuit of happiness, you have to catch it yourself. In other words, don't wait for opportunities to happen, make them happen. Whatever type of law you practice, networking should be a part of your business development plan. The kind of networking that actually makes you leave your computer screen in order to speak to a real honest to goodness living person. So put down your i-Pad and pick up a golf club.

The last time I played golf, I was in my senior year of college. A few of my fellow graduates and I trekked down to Virginia Beach to play 18 holes of world class golf. It would be the last time I played for years. With a busy law practice playing golf fell by the wayside. I wasn't a retiree. Who had time for golf? I had too much work. Motions to prepare and cases to settle. Somewhere along the way, I forgot how enjoyable the game could be. With its many rules and penalties, golf is the perfect game for lawyers. Not only is it a great stress reliever, it's also a great way to schmooze. This weekend, I reconnected with the game. I couldn't be happier. I don't know why I took so long to get back into the swing of things.

Schmoozing on the golf course is nothing new. There is a reason why so many executives are willing to dole out hundreds of thousands of dollars on exclusive golf club memberships. It's the perfect way to network. While networking on social internet sites has its advantages, it is no match for face to face old school schmoozing. Bar Association events are great, but you can only get so far with your name tag at a limited meet and greet event. What's better? Connecting with someone on a social network service like Linked In or having the opportunity to spend several relaxed hours with that person walking the links?

Of course, not everyone has the funds to buy an exclusive country club membership. Don't worry about it. You can do just as well at a public course. This weekend, I was invited to hit the links with a client at the Stanley Golf Course in New Britain, Connecticut. Named after one of the founders of Stanley Tool Works, the beautiful course has 27 holes, an elegant tavern, a heated enclosed driving range, and even GPS enabled golf carts. You can order a roast beef sandwich or see how many yards you have to the green right from the cart's touch screen monitors. It even warns you that you're speeding. Apparently the speed limit is 14 mph. The round of golf cost me less than $30. During my game, I more than made up for the nominal fee. I schmoozed with ESPN executives, local judges, alderman, fellow lawyers and local business owners. Although I did not go in search of clients, I walked away with several. It was great to break the ice with judges in a relaxed setting. I even met a newspaper publisher who asked me to consider writing a legal column for his paper.

Schmoozing aside, walking the greens allowed me a little time for myself. The needed exercise gave me a boost in energy. Whacking the ball became enjoyable as I imagined the heads of certain troublesome clients and opposing attorneys. If you never tried the game, I encourage you to give it a whirl. You might find more benefit in the game than you imagined.

Penn State's Dickinson School of Law Selects the Nutmeg Lawyer as Blog of the Month.

2011-04-14T05:00:00.014-04:00

Lewis Katz Building

I have always said that Penn State's Dickinson School of Law is one of the finest legal institutions in the world. Its hallowed halls have produced some of the finest legal practitioners in the nation. Founded in 1834, the venerable institution is the fifth oldest law school in the United States. It exudes civility and class.

In an unrelated note, our warmest thanks to Penn State's Dickinson School of Law and the April edition of the Alumni Connection. The Nutmeg Lawyer was pleasantly surprised to be selected as "Blog of the Month."

It was considerably surprising considering several years ago the school had sent my application back to me with the words "no" written repeatedly in permanent black marker. Admissions took the additional step of stapling a protective order to my rejected application informing me that I was required to stay 100 yards from the campus. OK, so maybe that never happened. In all sincerity, I am truly appreciative of the mention. We send our warmest regards.

Criminal of the Week: Helen Staudinger

2011-04-13T07:32:00.000-04:00

During a recent visit to her neighbor's house, kindly 92 year old Florida resident Helen Staudinger requested a kiss. Her neighbor, 53 year old Dwight Bettner declined the offer. Angry at the rejection, Helen returned to her home and grabbed her semi automatic pistol which she used to fire several rounds into her neighbor's house. With bail set at $15000, the senior was instructed not to possess any firearms and to stay away from the objection of her affection.

The Fertile Octogenarian

2011-04-12T05:40:00.000-04:00

I had every intention to write a thought provoking post about a criminal defense attorney's role in defending the constitution. Then "Mabel" strolled into my life. The spunky senior was looking for representation for a spot of trouble she got herself into. No, it wasn't a dispute with her sewing circle or her bridge club. The 85 year old was accused of shoplifting several porn DVDs. After our consultation and with the faint smell of Ben Gay still lingering in the air, I stared at my law diploma for several minutes. For all the tough cases, sometimes you get one that makes you want to chuckle. If only I could go back in time to chat with James Madison and let him know how important the 6th Amendment was to modern Americans. I think he'd be proud.

Kudos to CT Judge Carmen Espinosa

2011-04-11T05:19:00.000-04:00

Kudos to former Superior Court Judge Carmen Espinosa who has become the first Hispanic judge to be voted to Connecticut's Appellate Court. A native of New Britain, the judge was first appointed to the Superior Court bench in 1992 by then Governor Lowell Weicker. After studies at Central Connecticut and Brown, the judge graduated from the George Washington University School of Law.

Her tough as nails background included work with the post Hoover era FBI. She spent 3 years as a Special Agent investigating terrorism, white collar crime, and even counter intelligence work with the Chinese. In 1980, she worked as an Assistant US Attorney as a federal prosecutor until her appointment to the bench. Connecticut practitioners may recall Judge Espinosa from her stints presiding over criminal dockets in New Britain, Bristol, Waterbury and Hartford.

Criminal of the Week: Levi Detweiler

2011-04-10T19:29:00.006-04:00

Seventeen year old Levi Detweiler was charged with possession of alcohol by a minor, reckless endangerment, failure to stop at a stop sign, failure to yield to an emergency vehicle and overdriving an animal. Apparently, the young Amish troublemaker ran a stop sign in Leon, New York. When the Cattaraugus County Sherrif's Office tried to pull him over, he led police on a low speed one mile chase with his horse and buggy.

Thank You Advertisers

2011-04-08T18:00:00.001-04:00

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Does Your Law Practice Resemble the Baggage Claim Department?

2011-04-07T12:49:00.011-04:00

Take A Number.

Pittsburgh Legal Back Talk's Cliff Tuttle recently asked "are you working in the complaint department? His post on the subject dealt with people who tend to complain fruitlessly and waste energy. Attorney Tuttle's question got me thinking about my own law practice. Was I working in the complaint department? Was I spending most of my time dealing with client complaints? Does your law practice resemble the baggage claim department at the airport? If the answer is yes, may I offer a few suggestions?

1. Return Calls in a Timely Fashion:

One of the biggest complaints clients have is that their attorneys don't return phone calls. Clients who don't receive return calls tend to make repeated follow up calls. Each time they dial your number, their blood temperature goes up a degree. Eventually that blood will be boiling.

As a general rule, its good to return calls within 24 hours. If you can do it within 2 hours, the client will sing your praises. You'll start building a reputation as a reliable practitioner. We have some older clients who still remember our founding partner for returning phone calls. Calls made forty years ago. If you can't return a call, have someone from your support staff check in with the client. Just don't make this a habit. The client wants to hear from you, not your secretary. If there is a lull in your case, it is also a good idea to check in with the client. Let them know that everything is fine. They will appreciate it.

2. Avoid the Trouble Clients:

OK, this is easier said than done. Depending on your practice, you simply may not have this option. Sometimes you don't see the crazy until it's too late. (Editor's tip: It's always the eyes. Pay attention to the eyes and look for occasional twitching.) Ask yourself: Does the client have unreasonable expectations from the start? Did he have previous counsel? Does he second guess your advice? Is he holding several binders full of laminated pages? Sometimes, the aggravation is not worth the legal fee. To counter this, our office incorporated the "heebie geebie" test.

Years ago I read an article by Attorney Norm Pattis where he discussed this "method" of retaining clients. You may have experienced this phenomenon yourself. It's that "spider sense" tingling that lawyers get telling them that the prospective client sitting across from their desk is well...maybe a little nuts. The word of advice given was to follow your instinct. If something doesn't seem right, it will not bode well for you to take the case. As a freshly minted attorney, I was under the mindset that this was hogwash advice. If a client was willing to pay, how hard would it be to deal with the occasional Napoleon complex. I have since seen the error of my ways. You will surely spend more time dealing with unreasonable demands and unfounded complaints. Time that could better be spent on your more serious workload. I usually try to observe how they treat my support staff. If they are rude, I often turn down the case.

3. Avoid Accommodation Work

Accommodation work has it's place. Sure it's nice to help someone out once in awhile. Sometimes karma will even reward you for it. One of our biggest settlements came as the result of a referral from an elderly pro bono client. Her subsequent referral actually led to a case that paid for our operating expenses for a year. Before you go Mother Teresa on me, please be aware that the opposite is usually true.

Accomodation work can be a time sucker. Don't volunteer your services if you cannot commit the time to complete the task. Just because you're doing something for free, doesn't mean you are not obligated to put in your full effort. The simple statement "I'll look into it" may open the flood gates to a constant stream of follow up phone calls and visits seeking advice on what to do next. In some scenarios, you will begin resenting the client and will be tempted to ignore calls. Once you start down that path, you are just asking for a grievance. It may even backfire on you. If you do too much accommodation work, they may start undervaluing your services. In my own practice, I was getting approached by friends and family for help with speeding tickets, filling out small claims forms and the like. Soon, I became the "speeding ticket" guy. When a friend had a good case, he took it to another attorney. His response to me was "I didn't know you did the higher level stuff."

4. Follow Through with Promises. You may be familiar with the old saying "the road to hell is paved with good intentions." There are days where I have every intention to finish something. Sometimes, there are just not enough hours in the day. Your exhausted and you just want to go home. If you promised to do something for a client, it's best to try to get your second wind and get it over with. If it means returning a promised call to an annoying talkative client, do it. It will spare you dealing with a complaint the next day.

5. Write Down Everything

Its important to keep accurate records of the advice you give. Clients can have selective memories. Sometimes they hear only what they want to hear. From the first meeting you should discuss your clients expectations. Make sure to take notes with dates and times. (For example: On April 12th we discussed your DUI. I informed you that if you drove on a suspended license, you would get 30 days in jail. I followed this up with a letter.) Whenever possible, follow up discussions with a letter going over what was discussed. If you don't have time for a letter, send an email. Make sure you are both on the same page. You may also want to review your fee agreement. Make sure it is detailed enough and that the client understands your arrangement.

The Nutmeg Lawyer Reviews The Lincoln Lawyer

2011-04-06T12:02:00.002-04:00

Meh.

(Editor's note: OK, so we haven't seen it yet. In fairness, I hear it's actually pretty good. We'll catch it this weekend)

UCONN Win Leads to Arrests

2011-04-05T13:12:00.010-04:00

Our warmest congratulations to the University of Connecticut on their latest national championship. Last night, the Huskies defeated Butler 53-41 in Houston. Unfortunately, the celebration has lead to some criminal defense work for local attorneys. UCONN campus police arrested 24 celebrants followed by three off campus arrests by Connecticut state police. Charges ranged from breach of peace, inciting a riot, vandalism, criminal trespass and interfering with a police officer. Campus police report that a car was flipped and a few dumpster and a couch fire needed to be put out. A crowd of about 200 revelers had to be dispersed with dogs after some in the crowd threw bottles at police. The scene was actually better than it was in 2004, the last time the men won the whole shebang. At that time 35 people were arrested.

Yale Law School Gives Students the Full Monty.

2011-04-04T05:00:00.006-04:00

Law school can be a dog eat dog kind of world. Success can mean a better job and brighter future for a budding barrister. As you can imagine, the quest to come out on top is usually coupled with a good deal of stress. Many students put their lives on hold in order to attain a career in law. They suffer failed relationships, skip family events and have been known to miss entire seasons of American Idol. It's enough to make anyone go nuts. In my day, we handled the stress of legal study like real men. Men who built empires out of wood and steel. Men who bit the bullet. Men who walked it off. Men who cut paths through the dark wilderness. Only occasionally did we cry ourselves to sleep on tear stained pillows while cursing Socrates on our way to slumberland.

I am sorry to report that these days, law schools are getting more "touchy" and dare I say "feely". These days, our nation's illustrious halls of legal education are making an effort to help their students deal with stress. Yale Law School is leading the charge. If you've never heard of Yale Law, it's a little school located in New Haven, Connecticut. Along with a law degree you can also get a certificate in air conditioner repair or a beautician's license. Yale was my fall back school. OK, so maybe I'm still bitter. Of course you've heard of Yale. Maybe I did apply to Yale and maybe admissions turned me down. Was it really necessary to send my application back shredded with the notation "Are you kidding me?" written on the envelope? But I digress...

The Hartford Courant reports that Yale Law School has launched a program for students to relieve stress. Several have enrolled in a 1/2 hour non-credit class with instructor Monty, a licensed therapy dog. Initiated by staff librarian Julian Aiken, Yale Law Students can check out the certified library therapy dog to relieve some of their mounting stress. Basically, you can pet, play or simply hang out with Monty in the library. Personally, I like the idea. I may even donate a goldfish or hamster to my alma mater. No word if Yale will continue with the pilot program. Either way, the Nutmeg Lawyer sends Monty our warmest regards.

I Have a Juris Doctorate. I Want to Be Called Doctor Too.

2011-04-01T11:33:00.021-04:00

Dr. Tyson I Presume?

Every one seems to refer to themselves as a doctor these days. You have Doctor Who, Dr Laura, Dr. Pepper, Dr. J., and Doc Gooden. Preachers refer to themselves as doctors. Pugilist Muhammad Ali has an honorary doctorate. So does Tim Allen, Bob Barker, Clint Eastwood, Patti LaBelle, Gloria Estefan, Dolly Parton and Englebert Humperdink. Even highschool dropout Mike Tyson has one. So you're telling me that Humperdink and my chiropractor can refer to themselves as doctors, but I can't? I see the word doctor after the word juris on my diploma. Why can't I call myself a doctor too? At least I think it's on my diploma. It's in Latin. Latin is all Greek to me.

Dr. Englebert Humperdink

Readers of this blog may recall that a significant portion of my practice comes from the Polish community. Polish clients refer to me respectfully as "Pan Mecenas." That translates roughly to "Sir Attorney." In Connecticut, it is standard for someone to refer to their lawyer as Attorney "so and so." I understand that many states do not afford their practitioners even that courtesy. It bares noting that the first academic doctorate degrees were law degrees. I say it's time we got our mojo back. Now, I understand the ethical concerns. You don't want prospective clients thinking a personal injury attorney is a medical doctor. As lawyers we need to stay away from self laudation. Nevertheless, I think we deserve an occasional pat on the back. When you ask a mother what she wants her kid to be when they grow up, undoubtedly the answer will be a lawyer or doctor.

About seven years ago, the State Bar of Texas abandoned its stance on lawyers referring to themselves as doctors in social or professional settings. They reasoned that the title is not inherently false or misleading. I say where Texas goes, so should the nation. Remember the Alamo and all that. I worked hard for my juris doctorate. The years of trying to become invisible to my professors' Socratic pointing, the final exams, the hours of study, the bar exam, the relentless clients. Do you know that in some European courts the attorneys get to wear long robes and medallions? It's bad enough they took away our powdered wigs. I want the respect I deserve. Can't we get special hats or something? If Bob Barker can refer to himself as a Doctor, why can't I get the same courtesy? If not, at least let us start wearing powdered wigs again.

(Editors Note: Although this is an tongue in cheek post for April Fool's day, the individuals mentioned actually do hold doctorate degrees. It is my understanding that Chevy Chase and Dan Akroyd both received similar honors. )

There's No Stopping Us Now. Supreme involved in Four Car Accident

2011-03-31T08:54:00.008-04:00

Some personal injury attorneys in Virginia may have been presented with a unique opportunity. A chance to sue a Supreme. No, not Diana Ross this time. The other Supremes. United States Supreme Court Justice Antonin Scalia was fined $70 for allegedly rear ending another vehicle causing a four car collision. The accident was described as minor by U.S Park Police. Unless you ask a personal injury lawyer. In that case, the elderly judge violently, negligently and maliciously rammed his massive vehicle into the unsuspecting fragile plaintiff causing untold carnage, personal injury, emotional distress, and loss of consortium. According to reports, Scalia was not injured in the accident which occurred on the tourist friendly George Washington Memorial Parkway which winds through Virginia.

Reports indicate Justice Scalia was driving himself to work. Despite the morning mishap, Scalia still made it for oral arguments at 10 for one of the most significant cases of the term. The Court was hearing a discrimination claim against Wal-Mart by female workers. No word if Scalia will pay the fine.

Kudos to Attorney Linda Subbloie

2011-03-30T15:48:00.003-04:00

Kudos to Orange attorney Linda Subbloie for being in the right place at the right time. After an intensive three day search for missing 13 year old Isabella Oleschuck, it was the eagle eyed family law lawyer who spotted the missing teen. Driving back to her law office, Attorney Subbloie spotted a little face peeking out of a hole in an abandoned farm stand. After a few drive-bys, the curious counselor decided to take a closer look. She saw what appeared to be a pillow and a person lying down peeking out the dilapidated structure. It was in the knick of time as Isabella was running out of her stash of Pop-Tarts, granola bars and juice.

When's the Last Time Your Fingers Did the Walking?

2011-03-29T09:00:00.000-04:00

For years, lawyers and the yellow pages went hand in hand. Open up any variation of the telephone book and you will surely find a multitude of grinning attorneys inquiring if you had recently suffered any sort of calamitous injury. Of course, times have changed. I couldn't tell you the last time I "let my fingers do the walking." These days, I only use the yellow pages as booster seats for vertically challenged clients. I have also been know to use phone books to beat down non-paying clients. If television cop dramas have taught me anything, using this method avoids bruising. But I digress.....

If you're reading this post, chances are you get most of your information from the internet. You're not alone. It is estimated over two thirds of prospective clients now search for legal help online. Nevertheless, many attorneys don't put any effort in their website design. Maybe you're a small firm and you let your computer friendly kid design your site. Maybe it's not in the budget or you simply do not think it's necessary. Or perhaps your practice relies on referrals. What do you need a website for?

You shouldn't think of your website as just an online brochure. It's your opportunity to put yourself on equal footing with other firms. Is your site interesting? If you viewed your website, would you hire you? What kind of information does your site provide? It can also be used as a way to retain your clients. Is your website a resource for your clients? Can they easily contact you, find directions to your office or even check on their matters? What kind of image are you portraying? How does it stack up with your competitor's site? Is your web address easy to remember? How does it look when viewed on various browsers or a smart phone?

Of course, if you're a solo practitioner, hiring someone to design a fancy website may not be an option. If this is the case, may I suggest you check out wix.com. Wix is a flash website building page that came on the scene in 2005. Six years later, I finally stumbled across it. After creating a "practice site" on Wix, I finally realized how homemade our current law firm site appeared.

With the use of the site's drag and drop features and pre-made templates, Wix has made it incredibly easy to design a professional looking website. The best part is that you do not need a background in computer science and you can try it out for free. It is very easy to add a myriad of effects including video. You can use the free wix domain address or you can upgrade to use your own domain. Wix offers plans that start around five dollars a month.

With my own firm's site, I was able to easily transfer my domain name from my previous provider. In case you're curious, you can view my own efforts with Wix at www.ptblegal.com As always, we encourage your comments or maybe concerns. (For example - What self respecting attorney would post a photo of himself sitting at a piano?)

Regrets, I've Had a Few.

2011-03-28T17:35:00.005-04:00

I recently met with a newly minted attorney at a local watering hole. The young lawyer had decided to hang his own shingle and wanted to pick my brain for some insight. From where to open an office to what type of copier to buy, the budding barrister had a myriad of questions for me. I gave him some suggestions, but what the heck did I know? I considered myself new to the game as well. "So what is the biggest mistake a lawyer can make?" he inquired. "Was it dipping into your client's fund account? Sleeping with a client? Missing a statute of limitations?" Like Frank Sinatra, I've had a few regrets in my pursuit of a legal career. As Joe set our drinks up, I shared a regret that has led to wrinkles in my brow and gray in my hair. "My advice to you," I mused with the wisdom of an ancient weather beaten fisherman," is to never, ever give your cell phone number to a client.

In my opinion, giving away your cell phone number will destroy any semblance of a private life you may be clinging to like Leonardo DiCaprio vainly hanging onto that floating door in Titanic. (Editors note: My apologies if I inadvertently stuck Celine Dion's love theme from Titanic back into your head.) I speak from experience. I have given my cell phone number to certain clients. As such, many now use it as a means to reach me directly. They use it to get around my secretary. They also use it to call me after hours and on weekends. The very sound of a ringing phone makes my blood curl. It has gotten to the point that I can no longer watch the Jerry Lewis telethon without curling up into a ball and weeping uncontrollably. But I digress.....

It is important to maintain a certain level of professionalism. Learning from my mistake, I set boundaries for my clients. Our firm created a 1-800 number that can be forwarded to my cell phone. Clients are only allowed to call it in case of emergency. They do not have my direct number. I also tell my clients that if they do call me on a non emergency related matter after hours, I will gladly speak with them. Of course, they will be billed an after hours rate.

Didn't Get That Law Job? Blame the Hartford Whalers.

2011-03-25T09:25:00.004-04:00

Controlling Your Digital Footprint.
As a college student, I spent most summers working for a rather prestigious Connecticut law practice. At the time, the managing partner had just come off a high profile murder case and business was booming. A need to hire new associates was quickly evident. Not surprisingly, the firm began searching for new hires.

I remember one particular candidate standing out from the pack. A graduate from a top tier law school, his outstanding resume almost guaranteed him a position with our firm. The white shoe candidate graduated at the top of his class, had a judicial clerkship under his belt and had participated in law review. For the purpose of this story, let's call him "Timmy." So why didn't this budding barrister get the job? You can blame the Hartford Whalers.

At the time of our story, the Whalers were still skating to "Brass Bonanza" at the Hartford Civic Center mall. Team captain Brendan Shanahan had divulged that he wanted to leave the metropolis of Hartford for a team that didn't share rental space with the GAP and Mrs. Field's cookies. Apparently, word of this betrayal upset Timmy. In an effort to exercise his freedom of expression, he decided to dress up as a baby (complete with diaper, pacifier and baby bonnet) and bought himself a ticket to the next home game. The sight of an overgrown baby in the stands at center ice caught the eye of many, including the sports page photographer of the Hartford Courant. Did I happen to mention that the firm's senior partner had a subscription to that particular periodical? Needless to say, Timmy did not get the job.

A lot of things have changed since that fateful hockey game. The Whalers left town, Shanahan now plays in New Jersey and the world became a flickering, twittering network of facebooking bloggers posting everything and anything on youtube. Luckily for our friend Timmy, he missed many of these internet phenomenons. I can only imagine what could have happened to his reputation had the photos hit the world wide web.

As social networking sites continue to grow in popularity, employers are being given an unprecedented inside view into the lives of potential employees. More than likely, you will be "googled" after your interview. The list of internet detectives searching your name can also include opposing counsel as well as current and prospective clients. What will come up when they type in your name? Is their anything that could potentially embarrass you? I was surprised to find out things when I searched my own name. My finds included a seven year old restaurant review about some seafood place in Maine, an ABA Student Lawyer Magazine article about me in law school, a photo of me with Kevin Bacon at a fundraiser and an old photo from my college days as a disc jockey in a New York bar. I'm posing with a guy dressed as an elf, a Joe Pesci impersonator and a woman on stilts (Don't ask). As you can imagine, it is important to be careful about what you post online. Here are a few quick tips:

(1) Search your Name online regularly through various search engines including an image search. Are there photos of you doing keg stands at a frat party? Did your brother in law post a photo of you passed out drunk at a wedding? Are your comments about your love of Justin Timberlake posted all over the internet? Make an effort to delete anything you would not want your senior partner or mother to see.

(2) Claim your profile. Websites like Avvo.com allow you to claim your profile for free. Take the opportunity to post some professional information about yourself. You can include speaking engagements, education, etc. You can also answer posted questions. It's a chance to show your legal acumen. I know some attorneys do not like the idea of Avvo. The site rates virtually every state attorney from 1-10. Usually the biggest complainers are the ones with sanction histories. Having someone rate you is never pleasant whether it is Avvo or those mean 8th grade girls in your homeroom class. (I hope you never need a lawyer Becky. At the very least, I am a 7...). Whatever your feelings on Avvo might be, you cannot avoid the fact that the site is increasingly being used by potential clients as it grows in popularity. Why wouldn't you want to put yourself in the best possible light. It never hurts to stand out from the crowd. (except maybe in a hostage situation). If you do real estate closings, consider posting on sites like activerain.com. The website allows you to include professional information, client reviews and has a built in blog feature. Sites like Linkedin give you the opportunity to give the world your resume. Many consider linkedin the business or grown up version of facebook. If you use Facebook, you may want to disable the function that allows friends to post pictures of you. We all have idiot friends from highschool that would like nothing more than to post your scandalous photos from spring break. Utilize privacy settings.

(3) Control your "Digital Footprint." I suggest starting a blawg in your particular area of practice. You want to present yourself professionally on the internet. It is better to have search results include demonstrations of your legal acumen rather than your thoughts about American Idol.

(4) You're a Lawyer, Act Like It I am not suggesting that you should never have fun. I am only suggesting that you should think twice before picking the Halloween costume you plan to wear in public. As aforementioned, the internet can be an unforgiving mistress. She can ruin a reputation with a few clicks of the mouse. Try to stay away from keg stands, food eating and belly flop competitions, Star Trek conventions, Hooters restaurants, the Jerry Springer Show, Speedos and jail. I can not stress staying away from Speedos enough.

(Editors note: Due to a heavy court schedule, the preceding post is a rerun from our 2009 season.)

Say Hello to My Little Friend. Your Client's Appearance Can Matter

2011-03-24T14:02:00.016-04:00

During a recent court appearance, I noticed an impatient defendant decked out in his Sunday's finest. He had on a Scarface t-shirt which he complimented with a lovely large marijuana medallion. Considering he was there on a violent drug related charge, it was an interesting choice of attire for court. Chalk it up to human nature, but I can almost guarantee that the entire court room prejudged the guy as guilty. For all I know, he was innocent of the charges. Maybe he was a kindergarten teacher. His appearance suggested otherwise. Here's a common sense tip for any ruffians, scoundrels or ne'er-do-wells that may be reading this blog. If you are going to appear before a judge who will try to determine if you are indeed a criminal, maybe it's a good idea not to dress up like one. As I like to say, if you look like a pirate, don't be surprised if people are going to assume you're a pirate.

When advising my clients on attending hearings, I always include a discussion on personal appearance and court room behavior. I try to give them the sense that they shouldn't think of court like going to the DMV. They should think of it as if they were going to church or temple. I've seen many judges throw people out of court because of their inappropriate appearance. Like it or not, there are situations where the appearance and demeanor of your client can influence the outcome of a case.

If your client is bellowing in the hallways, it can easily reach the ear of your particular trier of fact. When weighing the veracity of claims, would it surprise you if the judge sides with the plaintiff in her claim that your client was subject to outbursts and fits during the marriage? Is it that far fetched to assume that the guy with the psychedelic marijuana t-shirt owned the drug paraphernalia found in the car?

Granted, it's not enough just to throw a cardigan on your client. Of course, what really matters are the facts in your case and your ability as an attorney. Nevertheless, why make that job more difficult for yourself. Tell you client to dress nice for court. Leave the eye patch and parrot at home.

Assumption of Risk? 300 pound Mets fan falls on lawyer

2011-03-23T05:14:00.003-04:00

If you've ever sat in the upper-deck or the bleacher seats at the old Shea Stadium, you know that the fans can get a little spirited. Mix in a little alcohol and a few rival Phillies fans, and you have a recipe for disaster. Attorney Ellen Massey found this out the hard way when she decided to catch the 2007 Mets home opener with her nephews. Little did she know that she would cross paths with 300 pound Mets fan Timothy Cassidy. Before the last out, she would find herself lying under the drunken man with a broken back.

Adding insult to injury, the pancaked attorney just found out she cannot sue the Big Apple for her injuries. According to court papers, Cassidy began berating other fans for not rooting loud enough for the Mets. He even threatened to kick their collective"res ipsa loquitar." Another fan, Eric Metzger, took issue with Mr. Cassidy's comments and for talking loudly into his cell phone. Words and nachos were exchanged. What happened next is in dispute. Was Cassidy pushed or did he stumble? Nevertheless, the end result was poor attorney Massey breaking the fanatic's fall.

The NY Post now reports that Manhattan Judge Judith Gische threw out Massey's negligence claim against the city of New York. The Big Apple had argued that the injury was "random and unavoidable" and that stadium security was the responsibility of the Amazings. Massey can still sue the falling fan and Aramark the concessionaire at the ballpark. She may also consider suing Bill Buckner who never seems to catch a break at Shea. (Just kidding, we wish Bill all the best in his return to Massachusetts where he is set to manage the independent Brockton Rox).

The judge noted that "Regardless of whether Cassidy's fall was sudden and unexpected, a jury could find that it was foreseeable Cassidy's conduct was putting the safety of other members of the public at risk. The security guards could have confronted or ejected Cassidy from the stadium based on his aggressive behavior towards other fans."The case is expected to go to trial this summer. If you're curious, the Mets won that game 11-5.

Boston Bound

2011-03-22T10:55:00.005-04:00

Nothing prolific to post today, just thought I'd share a story with you. Whether it's a client, politician or a child who just broke a lamp, sometimes you don't get the full story. During a recent visit to my local Connecticut courthouse, I overheard a Massachusetts state trooper indicating he had crossed state lines to nab a fugitive. My ears perked when I heard the name of the man he was sent to apprehend. It was my client.

It was a surprise to me considering my client never mentioned that the Commonwealth of Massachusetts had it in for him. Adding to my dismay, I also learned that Mass state troopers did not dress like revolutionary minutemen. I asked the client if he was aware that their was an old pending warrant out for his arrest. His response to me: "Why is that important?"

One Eyed Cowboys and Lawyers Who Never Lose.

2011-03-21T07:00:00.015-04:00

Eating lunch at a nearby restaurant, I observed a local attorney walk in with a prospective client. With a million dollar smile and slicked back hair, the boastful barrister claimed that he had never lost a case. I rolled my eyes because I knew the schlub. He had never taken a case to trial. He was very selective in the cases he took on. He mostly took on first offenders that were eligible for diversionary programs. If the case was too complicated, he would farm it out to other firms. Of course he never lost a case. He never took on anything remotely challenging. He had never had his mettle tested.

I am always wary of attorneys who keep score and claim they have never lost a case. Frankly, it may be that some matters are simply not outright "winnable". The evidence may just not be in your favor. It's your job to get the best possible result with the hand you are dealt.

When I first started practicing law, I had the opportunity to second chair an attempted murder trial with a well experienced criminal defense lawyer. The evidence included a confession, witness testimony and even video surveillance footage. Although the case was a loser from the start, I jumped at the chance to gain some great experience. Going to trial was risky, but the client had nothing to lose. The pretrial offer was draconian. Although the client did go to prison, we considered it a win. His sentence was much shorter than the one sought out by the prosecution. Until that point I had "never lost a case." That x in my loss column taught me more than all of my "wins" combined.

Striking out over 2597 times, Hall of Famer Reggie Jackson is the all time strikeout leader in baseball. Nevertheless, I think I'd pick Mr. October for the company softball team. If given a choice between gunfighters, always pick the weather beaten ornery one with the missing eye. He'd be the one with the experience under his belt. A good attorney wins all of his cases. A great one tests his mettle and may even lose one now and then.

(Editors note: Of course, I am not suggesting to go to trial just to test your "mettle". What the heck is mettle anyway?)

Poland Offers A Wonderful Opportunity for Law Students.

2011-03-18T07:00:00.002-04:00

The Nutmeg Lawyer would like to congratulate the Catholic University of America's Columbus School of Law on the 20th Anniversary of the International Business Law & Trade Program in Krakow, Poland. The following is our review of this wonderful summer program.

You Want Me to Study Where:
On December 13th, 1981, daily life in Poland would change as the government imposed marital law on its citizens. In an attempt to crush political opposition to the communist regime, thousands of people were arrested without charge and hundreds were killed.

As part of the crackdown, educational institutions underwent a “verification" process that tested each employee's attitude towards the communist government and the growing Solidarity movement. As a result, thousands of teachers were banned from their craft. Curfews were imposed, phone calls were monitored, the borders were sealed and military courts tried civilians for allegedly spreading “false information.” It was during this volatile time that Professor Rett Ludwikowski served as the chairman of the Division of Law and Business at Krakow’s 14th century Jagiellonian University, one of the oldest and most prestigious universities in Europe.(alumni include John Paul II and Copernicus). He taught law and politics and held the chair of Modern Legal and Political Movements and Ideas.

The eighties proved to be a dangerous time for political thought in Poland. Like many intellectuals, Prof.Ludwikowski’s beliefs were not in step with those of the Communist Government. He would be warned by a kind hearted government agent that it would be in his best interest to leave the country. In 1982, Ludwikowski took his family and left for the United States for a new start. Today, Professor Ludwikowski molds young legal minds at the Columbus School of Law in Washington D.C. During his tenure he developed a unique program that would give American and Polish law students the opportunity to study each summer at the prestigious Jagellonian University. He had made his triumphant return to Poland.

Since 1991, Ludwikowski has been offering a summer International Business & Trade program where students receive intensive training in the global aspects of modern trade, American and European Union Law, business transactions, and other substantive areas of law. Top students from across Poland and the United States are hand picked by Professor Ludwikowski to take part in the program. Both Polish and American students attend ABA approved courses, live together and participate in co-curricular activities including long hikes in the mountains of Zakopane, trips to the Wieliczka Salt Mines and Auschwitz, as well as river tours of the Dunajec River. During the day, students have the run of a city rich in history full of museums, castles and palaces. (Classes are actually held in a former palace). At night, students are free to explore Krakow’s many attractions which include great restaurants and underground nightclubs that feature everything from live jazz to the latest in European dance music.

Classes are taught by both American and Polish law professors. Students have received visits from a range of notables including Supreme Court Justice Sandra Day O'Connor. The cross-cultural aspect of the Krakow program is unique and has resulted in many lasting friendships and business contacts. Graduates of the program practice throughout the United States.

As a law student, I had the opportunity to take part in this wonderful program. At the time, Poland was voting whether or not to join the European Union. For me, it proved to be the experience of a lifetime (I even met my wife in the program). Living accommodations are in walking distance of one of the largest town squares in Europe. On weekends students were even given the opportunity to visit surrounding countries. I decided to visit Budapest. Some participants took the opportunity to intern at American law firms with branch offices in the city. (One memorable night, we ran into 10 Elvis impersonators from Liverpool, England). The Krakow program is a great opportunity for any law student looking for some summer credits. You do not need to be a student at the Columbus School of Law. I recommend it wholeheartedly. Exceptional support staff and professors will help you throughout the process. The experience made me want to transfer to the school. Law students interested in taking part of the Krakow program should contact Margaret Pooley at the Columbus School of Law in Washington D.C.