Cheesiest Lawyer Advertising?  I am proud to say it's not from Slovis, Rutherford & Weinstein!  I will agree with Hunter's two finalists, although I won't identify them in this post.  I mean, they ain't plugging me; I ain't gonna plug them.  And they're really cheesy, too.

Historically, Hunter is a little inaccurate, referring to Ward "Wheelchair" as the earliest big TV lawyer advertiser.  In fact, it was this firm -- then known as Lockett, Slovis & Weaver -- that was doing the biggest TV buys in town, round about 1991.

And finally, I should give some credit to my attorney competitors  colleagues.  A wise marketing guru once told me to "look at what the other advertisers are doing -- and you do the exact opposite."  That's why we're concentrating on information-based marketing and not insulting the intelligence of the public, like the other guys.

Sound and Fury, Signifying Nothing.  Former Bushie Shannen Coffin and Powerline's John Hindraker are still out to get Bill Clinton and anyone associated with him.  Including the current Supreme Court nominee, Elena Kagan.  The issue: did Kagan, while working for the Clinton Administration, improperly or deceptively cause language to be inserted in language from the American College of Obstetrics and Gynecology [ACOG] that made it easier for a federal court back in 2000 to overturn Nebraska's ban on partial birth abortions?  Answer: No, not really.

Here's the deal.  The ACOG statement, according to Coffin in National Review Online, said, “in the vast majority of cases, selection of the partial birth procedure is not necessary to avert serious adverse consequences to a woman’s health.”  Kagan suggested language to ACOG -- which ACOG was under no obligation to accept -- adding the following: “An intact D&X [the medical term for the procedure], however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.”

When ACOG initially says, "In the vast majority of cases...." it is admitting that there are indeed some cases where the procedure would be justified.  Which is exactly what Kagan's suggested language says: "may be the best procedure in a particular circumstance." (emphasis added).  There's nothing deceptive or inconsistent about adding that language; it merely clarifies the ACOG position, which is probably why ACOG unilaterally agreed to include it in the first place.

Believe me, ACOG is no real friend of Democratic Party philosophy or ideology.  I learned that back in the late 1990s, seeing how ACOG tried to make it harder to prove and win obstetrical malpractice cases, by manipulating its practice standards relative to the causes of and terminology relating to fetal distress during labor.

Kagan must be awfully well-qualified for the Repubs to scrape the bottom of the barrel like this.  It illustrates how zealots will attempt to demonize innoccuous actions taken long in the past, using fauly analysis and half truths.  All to gain a momentary political advantage.   That's the shocking part.

Are you breaking the law when you record encounters with police officers?  Apparently, you are in Maryland.  In Tennessee, however, I would argue that Tennessee Code Annotated sec. 39-13-601(b)(5) applies:

It is lawful under §§ 39-13-601 — 39-13-603 and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the state of Tennessee.

In any event, it is absurd to say that a police officer on duty in public has some expectation of privacy, where the person he is encountering does not.

Iguess this guy just couldn't get a date.

Three burning legal questions.

Woman Follows Directions, Gets Run Over.  Because there were no sidewalks on the route she followed, she walked on the street, got hit by a car, and is suing Google.  Maybe she should have looked at the street and used some common sense? 

Criminy, I've got a Google Map linked to my web site, too.  Please don't sue us....

Nurse practitioners operating independently of actual M.D.s?  Well, it is likely that such nurse practitioners and physician assistants are in effect doing that now, even though operating in the context of a medical practice.  My worry certainly is the oversight and the liability concerns.  If I go to a nurse practitioner's office and as a result I am injured, is that medical malpractice, or just general malpractice?  It's an important distinction, as it is much more difficult and expensive to sue a doctor for medical malpractice than, say, a motorist for an automobile accident.

Here's a lawsuit going somewhere to happen.

Is BP putting its money where its mouth is?  We'll see.  As a lawyer that handles claims all the time, what is important is NOT that money is being reserved, or set aside, but instead whether claims will be quickly, properly, and fairly administered and paid.  Interestingly, "The fund will be controlled not by BP, but by an independent, third party...."  Attorney Kenneth Feniberg is supposed to be "in charge" of the fund, whatever that means.  Here's a bio on Feinberg from his firm's web site:

Kenneth R. Feinberg has been key to resolving many of our nation's most challenging and widely known disputes. He is best known for serving as the Special Master of the Federal September 11th Victim Compensation Fund of 2001, in which he reached out to all who qualified to file a claim, evaluated applications, determined appropriate compensation, and disseminated awards. Mr. Feinberg shared his extraordinary experience in his book What Is Life Worth?, published in 2005 by Public Affairs Press. Just a few years later, Mr. Feinberg became Fund Administrator for the Hokie Spirit Memorial Fund following the tragic shootings at Virginia Tech. Mr. Feinberg also has served as Special Master in Agent Orange, asbestos personal injury, wrongful death claims, Dalkon shield, and DES (pregnancy medication) cases.

Clearly, this guy has a lot of experience with mass tort/accident/injury situations.  Let's see if he can get it done.  In the meantime, the oil continues to fill up the Gulf.  Ugh.

For those dozens of you who have checked back at this site over the past several years, you will note a new template and a (somewhat) new direction. 

When I started this blog back in 2003, I was railing about Big Insurance and its efforts at tort reform.  As those efforts largely were proven unsuccessful, I broadened the scope to include general legal stuff that interested me, and later just blogged on any subject that caught my eye.

Now, I have decided to integrate the blog more closely with my law firm website and get serious about blogging once again.  I have also -- after playing website developer games for over two months, dumped the website developer, and made content and feature changes in the firm's web site myself.  I was able to do in three days what they couldn't do in two months.  There's a whole frustrating story there for the telling.  Some day....

In any event, I hope you'll check out the site, and especially the new FAQs/Videos page, which has a bunch of Q & A on legal matters, as well as some videos, one of which I posted here a few weeks ago.  I have also posted the videos on Youtube, here, here, here, here, and here.

Constructive comments about the site and this blog are welcome.  Remember -- I'm doing this myself, so be kind if you can!

Well, I guess I had it wrong the whole time. This video certainly convinces me that them Palestineans were in the right after all!

Here is the first video for my law firm web site. For anyone who views this, I would really like to know if there are technical problems. Specifically, does the audio stay in sync with the video?

ELECTRIC CARS FOR RETAIL SALE IN 2011. In Israel. 350 mile range. Sales and maintenance pricing equivalent to gas-powered equivalent vehicles. (To view video scroll across to the story "Electric Cars By Next Year"). When will they hit Tennessee? Marty Peretz wrote it up, too.

Earthquake in Grand Cayman. Apparently, there are no casualties or damage, though. Thank goodness....

Here's a scholarly article -- with citations to authority -- demonstrating the true state of affairs leading up to and immediately following the establishment of Israel. The piece is especially noteworthy for its use of recently declassified British Mandate sources. Not surprisingly, it reiterates the truth always known, but covered up recently via use of the Big Lie propaganda technique. It's a must-read for anyone interested in the accurate history of the Arab-Israeli conflict. An excerpt:

As the Jews set out to lay the groundwork for their nascent state while simultaneously striving to convince their Arab compatriots that they would be (as Ben-Gurion put it) “equal citizens, equal in everything without any exception,” Palestinian Arab leaders pledged that “should partition be implemented, it will be achieved only over the bodies of the Arabs of Palestine, their sons, and their women.” [Fawzi Qawuqji, the local commander of ALA forces] vowed “to drive all Jews into the sea.” Abdel Qader Husseini stated that “the Palestine problem will only be solved by the sword; all Jews must leave Palestine.”

[Citation: Ben-Gurion, Bama’araha, Vol. 4, Part 2, p. 260; Hebrew translation of Hajj Amin Husseini’s interview with Le Journal d’Egypt on Nov. 10, 1947, HA, 105/105a, p. 47; Radio Beirut, Nov. 12, 1947, in Foreign Broadcasts Information Service (FBIS), European Section: Near & Middle East and North African Transmitters, 13 Nov. 1947, II2, 5; “Fortnightly Intelligence Newsletter No. 64,” issued by HQ British Troops in Palestine (for the period 2359 hrs 10 Mar.-2359 hrs 23 Jan. 48), PRO, WO 275/64, p. 4; Arab Press Service (Cairo), FBIS, European Section: Near & Middle East and North African Transmitters, Dec. 16, 1947, II1; “Weekly Summary for the Alexandroni Brigade, Mar. 2, 1948,” HA 105/143, p. 105; “In the Arab Public,” Mar. 30, 1948, HA 105/100, p. 14.]

And on the subject of Arab departures from their homes:

[I]n early April [1948] a Jewish delegation comprising top Arab-affairs advisers, local notables, and municipal heads with close contacts with neighboring Arab localities traversed Arab villages in the coastal plain, then emptying at a staggering pace, in an attempt to convince their inhabitants to stay put [Citation: Ezra Danin, Zioni Bekhol Tnai (Jerusalem: Kidum, 1987), Vol. 1, pp. 216-17; Zafrira Din, “Interview with Josh Palmon on June 28, 1989,” HA 80/721/3.] . . . .What makes these Jewish efforts all the more impressive is that they took place at a time when huge numbers of Palestinian Arabs were being actively driven from their homes by their own leaders and/or by Arab military forces, whether out of military considerations or in order to prevent them from becoming citizens of the prospective Jewish state. In the largest and best-known example, tens of thousands of Arabs were ordered or bullied into leaving the city of Haifa on the AHC’s instructions, despite strenuous Jewish efforts to persuade them to stay [Citation: I have documented the Haifa episode at some length in “Nakbat Haifa: the Collapse and Dispersion of a Major Palestinian Community,” Middle Eastern Studies, Vol. 37, No. 4 (October 2001), pp. 25-70].

Read the whole thing.

And I thought nobody knew who I was. But would I even want the job if I got it?

It never ends:

The nursing home industry, lending new meaning to the term audacious, is pushing legislation to limit its liability in Tennessee courts at a time when violations for neglect and abuse of residents are higher than ever before. It may seem outrageous to many, but inside Tennessee’s ethically challenged legislature, the measure’s chances of passage are better than even.

When I first blogged here in 2003, I advocated against limiting liability in medical malpractice cases. We've seen over the last five years that the only group that has benefited from that spate of legislation has been Big Insurance. Now, the "forces of darkness" are at it again, trying to screw the old and infirm by sliding this legislation through with lots of cash and legislative insider connections. They're even using the same threat: protect our profits or we may have to close nursing homes.

Anyone who wants to register their opinion with their legislator can locate him/her here.

UPDATE: Comment below: "I notice you haven't jumped into either the medical profession or the nursing home business but instead have chosen, ahem, to be a lawyer." It's funny, that comment. I keep saying, when I see some other type of work that is really lucrative, "I picked the wrong line of work again!" Seriously, though, regardless of whether I decided decades ago to be a lawyer, a doctor, or a nursing home proprietor [and who tells mommy and daddy when they're groing up, "I want to be a nursing home operator when I grow up!"], that does not excuse a doctor when he screws up, or a nursing home when it maltreats its residents.

ANOTHER UPDATE: I love all the folks that bash trial lawyers. They're the same people for whom trial lawyers are their best friends, when they need help.

YET MORE TO SAY: I do have to say this to the commenter who said that consumer law benefits lawyers always, but consumers only sometimes. Unless the comenter is referring to insurance defense lawyers who defend cases by the hour, that statement is just not true. I handle most or all of such cases on a contingent fee, i.e., I make no fee unless the client recovers. Thus, the client will make a recovery before I get paid. It's just a terrible distortion of the way things really are to paint all trial lawyers as profiting while their clients are losing. In my practice, and every other trial lawyer I know and respect, that just ain't the case. Like it or not, most trial lawyers are in this business to make a living by helping people solve their problems. Putting aside the top 1 or 2% of the lawyers who make the big money in the plaintiff's bar, most of us work for very modest wages. Frankly, what is extraordinary to me is what the big firms are paying the top 1 or 2% of law school graduates these days -- $150,000 and up. Now that's obscene [and how do I get some of that?]!

Surprise! Study: Inkjet printers are filthy, lying thieves

I've been using Canon single-ink cartridges for several years, and the nice thing about the Canon cartridges is that they are clear; You can visually confirm they are empty. So I ignore the low ink warnings, which do start up many, many pages before the out-of-ink message flashes. And when that message comes up, I can see that the particular color is, in fact, empty.

Crisis? What Crisis: Malpractice Rebate for Md. Set at $84 Million

Maryland's Republican Governor in 2004 called the legislature into a special session to push through the subsidy, based on hysterical premium increases and threats that doctors would have to stop working in the state. Overreaction? History suggests exactly that.

Note that Maryland's Medical Mutual Liability Insurance Society planned to pay two-thirds of the rebate to the state and one-third to the physician shareholders of Medical Mutual, despite the fact that the surplus funds were generated by a taxpayer-financed subsidy. While the new Maryland Insurance Commissioner has mandated that all the rebate go to the state, guess who remains screwed: you guessed it, the taxpayers who had to pay it out in the first place.

I'm glad I don't live in Maryland any more.

It has bothered me for some years how the Republicans and right-wing types have been referring to the other party as "the Democrat Party" in a perjorative fashion. Now it bothers me even more. According to Marty Peretz, the practice hasn't been used in half a century, and was a product of Joe McCarthy "who, with his twisted mouth often oozing the charming brew of beer and saliva, would snarl out the words "Democrat Party," as if they referred to vermin."

Boy, that'd make me proud, if I were a Repub.