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Sunday, May 29, 2011

Lawyers in the "fight of their life" to stay afloat financially.



Lawyers in the “fight of their life” to stay afloat financially.

In this sagging financial economy, many law firms have had to re think their current business model to simply stay afloat. The larger the law firm the larger the expenses, many are litigating cases or creating cases for billable hours. Naïve and unsuspecting clients that are finding their simple cases are dragged out 2-3 years have “dwindling bank accounts” and are unfortunately following the advice of their attorney who have an economic advantage on their agenda. As a consequence many attorney’s are now being sued by their clients for giving ill-advice, and pursuing no-win cases.

Let’s face it, we can file a complaint for any silly reason, the courts will never turn the fees away from the Plaintiff who wishes to do this. However, make no mistake about it, the legal industry is a business and not about justice for the Plaintiff(s) who continue to pay while the case only further erodes their reputation and future. Many people do NOT want to continue business relations with individuals or companies that are known to file silly unfounded complaints against people that may have opposing or differences of opinion, especially when the complaint is about a controversial subject.

Many lawyers with a one-man operation have recently partnered up with larger law firms that wish to outsource certain types of law that are niche and obscure like: Internet Law, educational law, etc., or these attorneys have tried to create another opportunity by writing for free for some papers like Huffington Post, or they may host a local radio show or TV show while attempting to only promote themselves. Some of the reputable ones have gone into teaching law ,or legal ethic seminars to local law enforcement. Still others travel to give seminars for spam marketers and other questionable speaking engagements that only demean the legal industry further. But hey, a guy has to earn a buck doesn’t he?

Some of the larger law firms have been forced to dismantle, after a 3 year economic downslide. The only attorney’s that are growing are the bankruptcy attorneys and of course the stable Entertainment Lawyers or Insurance lawyers who work on large consistent retainers. Recently in California a large firm that was over 50 years old was forced to dismantle, most of the staff scrambled to find positions at other large firms—some were brave enough to try private practice or outsourcing with other large firms, while others were able to retire.

Meanwhile that client that is strung along in the hopes that there is some golden payout in the end will end up spending $400.00+ per hour plus expenses. An average 2 year case will cost the Plaintiff(s) over $80,000+ with no hope or guarantee of winning much of anything except a slim hope of some paltry settlement – why would anyone want to spend $80-100K to receive nothing but maybe $3,000 and a bad reputation that will follow them forever? Lets see $80,000+ for $3,000 and a bad reputation…doesn’t sound like a winning proposition to anyone with a good business sense. Law firms know when they can latch on to an empty check book and give empty promises. ….it’s called “keeping my law firm afloat”

One recent comment from a local attorney at a large law firm stated “Thank God for sucker clients with money” ……as P.T. Barnum stated “There is a sucker born every minute”
Kimble, McMichael & Upton “has ceased practicing law” (even taking dumb cases didn’t keep them afloat)
Lastly, thank you to those that read my postings and obsess over every word and everything about me and my world. We are so sorry that you have such an empty life, maybe another brand of Chardonnay without so much sulfates would clear your thoughts. Alas the life of another bored dragon lady with too much time and money on their hands. So very sad.
http://kmulaw.com/
http://fresnofiggarden.kmph.com/news/business/long-established-fresno-law-firm-closing-its-doors/44413
http://www.news-journalonline.com/business/local-business/2011/03/01/law-firms-maneuvered-to-get-through-recession.html
http://www.nytimes.com/2003/01/31/business/west-coast-law-firm-closing-after-dot-com-collapse.html
http://www.slashgear.com/magicjack-lose-defamation-case-charged-50000-2375338/
http://www.expertlaw.com/library/personal_injury/defamation.html
http://blogs.sacbee.com/crime/archives/2011/05/tax-lady-roni-d.html
http://blog.larrybodine.com/2008/11/articles/money/early-warning-signs-of-law-firm-failure/

Wednesday, May 25, 2011

Vanessa Kachadurian- Homeowners Insurance and legal fees

As a tip to most of you in cyberspace, if you are a homeowner and have homeowners insurance you are generally covered 100% on many types of liability or if you are sued. Depending how involved your case is your homeowners insurance could save you $40-100,000. Approximately 90% of libel cases are dropped and never make it passed initial disclosure, the tab can be very expensive for the party that is litigating (plaintiff) as they are not covered by homeowners. If the party is merely on a fishing expediation and trying hard to build some flimsy case, it will cost the poor plaintiff thousands of dollars.
Here from Professor Volokh, Professor of Law at UCLA and expert on Freedom of Speech issues and a reputable GOOD Attorney.
Bloggers — You May Already Have Blogging Libel Insurance,
Eugene Volokh • February 8, 2005 3:53 pm

but you might have lost it by having ads or a tipjar.

This surprised me, too, but it seems to be so. Here are the details. (Thanks to Kurt Opsahl of the Electronic Frontier Foundation for first suggesting this point, and to my wife for her advice on insurance law. Please note, though, that I’m not an insurance lawyer, though I’ve done a bit of research on this subject. Don’t take this to the bank, and do let me know if you are an insurance lawyer and have some corrections. Consider this general speculation about the lay of the land, and not individualized legal advice.)

1. It turns out that homeowner’s insurance policies, and possibly also some renter’s insurance policies, generally cover libel lawsuits. That may sound odd, but the policies tend to cover both damage to your property (the main reason, I suspect, that most people buy these) and liability for unintentional harm that you inflict on others. One policy that I read, for instance, says that

If a claim is made or a suit is brought against any insured for damages because of bodily injury . . . caused by an occurrence to which this coverage applies, we will:

1. pay up to our limit of liability for the damages for which the insured is legally liable; and

2. provide a defense at our expense by counsel of our choice even if the allegations are groundless, false, or fraudulent. . . .

POLICY DEFINITIONS . . .

“Bodily injury” means; . . . personal injury . . . arising out of . . . libel, slander or defamation of character; or . . . invasion of privacy.

If you have an umbrella liability policy, it may provide extra monetary coverage. Of course, you’re only covered if your insurance contract does indeed specify this, explicitly or implicitly. You ought to read your policy (they are often quite readable), and pay close attention both to the body of the policy and any separate definitions section.

2. These policies generally don’t cover punitive damages, but they do cover both compensatory damages and litigation defense costs. Fortunately, that’s what you most want to have covered.

Libel cases are hard for plaintiffs to win, and punitive damages are especially hard to get. If you’re writing on matters of public concern, and are sued for libel, you can’t be liable for punitive damages unless a jury finds that you knew your statement was false or at least knew it was quite likely false but blithely published it without any investigation. So chances are you won’t be on the hook for punitive damages, or even for compensatory damages.

But even if you win, you could spend huge amounts of money defending yourself. That’s where the insurance can be especially handy.

3. However, these policies generally explicitly exclude liability related to “business pursuits.” The exclusion and the definition of “business pursuits” may vary from policy to policy, so check yours (and again check both the homeowners’ insurance and your umbrella policy, if you have it). Still, I’m told that most policies just say “business pursuits,” and sometimes define them as referring to a “trade, occupation, or profession.”

If your blog is entirely noncommercial — you neither have ads nor solicit donations for a tip jar, and you don’t systematically use your blog as primarily promotion for your business — then you should be covered for libel lawsuits arising out of your blog posts, because the blogging wouldn’t be a business pursuit. (Possible exception: If your primary occupation is a professor or a journalist, then even noncommercial posting on topics related to your specialty may conceivably be seen as part of your main occupational “business pursuit”; I know of no precedents one way or the other about this.)

But if you make some money out of it, even a small amount, then in many states you probably won’t be covered. In a few states (as best I can tell, Georgia, Indiana, Minnesota, Mississippi, North Carolina), even a blog that makes some money will be covered if blogging isn’t your primary occupation. In Arkansas, Idaho, Louisiana, and Michigan, you might be able to get coverage on the theory that making money wasn’t your primary motive in blogging, and that you were instead doing it as a hobby with money being only a side consideration. Still, the majority view, as I understand it, is that any moneymaking component (so long as it’s regular, rather than just one-time or highly intermittent) makes your blogging into business activity and thus excludes it from coverage. This isn’t entirely clear, but that’s my sense from reading some cases and a couple of reference works.

4. This means that if you’re worried about the risk of libel lawsuits, you might want to consider staying entirely noncommercial. Naturally, you wouldn’t have to do it if you live in a state which reads the “business pursuits” exception narrowly. (Most homeowner’s insurance policies, I’m told, don’t have a separate provision indicating what state law would be used to interpret them, so courts would generally apply the law of where you live.) And if you figure that you’ll make lots of money from the ads or the tip jar, you might be willing to run the risk, especially because libel lawsuits against bloggers are thankfully rare, and because you might think that your posts would be unlikely to trigger a lawsuit.

But if you think that having libel insurance will let you sleep better at night, you might conclude that it’s better to forego, say, $500 worth of advertising income in a year in order to remain insured.

5. What should you do if you get a threatening letter?

Read your insurance policy. As I said, it may not be a hard read. Pay close attention to all the sections, to see if there might be some unexpected exclusion that may apply. Also pay close to attention to the definitions section, since some terms may be defined in counterintuitive ways.

Immediately notify your insurance company, in writing, that there might be a claim against you; send them a copy of the nastygram you received, and a dated cover letter. Tell the company that you need to consult a lawyer to deal with the threatening letter, and ask them to get you a lawyer right away, or to authorize you to consult one yourself on their dime. The insurance company may not have an obligation to pay your lawyer’s bills until the lawsuit is filed, but it doesn’t hurt to ask.

I’m told that you can usually do the notification through your insurance broker, who knows how to deal with the company, and whom to talk to there. In any case, talk to your broker and see whether he’ll do the notification for you or whether you ought to notify them yourself.

Always communicate in writing, keep copies of all communications, and date all your communications. You can also call them (particularly important if you need to nag them), but confirm any substantive communications in writing.

If the other side’s gripe with you is sound — if you did indeed err — post a correction. It’s the right thing to do, and it may avoid a lawsuit.

If a Complaint is filed against you in court, notify the insurance company about that, too, by sending them a copy of the Complaint with a dated cover letter. Demand that they get back to you quickly about whether they’re hiring a lawyer on your behalf.

If they don’t tell you quickly, hire a lawyer yourself, and show him a copy of the insurance policy. Then inform the company that you’ve hired the lawyer, and that you expect them to pay the bills. Bug them repeatedly, if necessary, including through your insurance broker. If your policy covers libel, and you aren’t within the business pursuits exclusion, you likely have a very strong case for coverage; but they can still be slow, and you need to be the squeaky wheel.

If you do hire a lawyer, show him the policy, and negotiate with him in light of the policy. See if he would agree to represent you for rates that he’s pretty sure the insurance company would pay. See if he would agree not to charge you if the insurance company denies coverage. That, of course, depends on his sense of how likely coverage seems to be. But cyber-libel cases are potentially pretty interesting, even glamorous. Some lawyers may be willing to take a small risk of nonpayment to do a fun case like that.


* * *

In any case, these are just a few thoughts; use these numbers for comparison, your mileage may vary. But keep in mind that (1) you may already have libel insurance for your blogging, (2) you might lose it, depending on the state you’re in, if you sell ads, have a tipjar, or otherwise make even small sums of money from your blog, (3) you may therefore want to plan your blog financing accordingly, if you’re the worrying sort (or for that matter the libeling sort), and (4) if you are sued or threatened with a lawsuit, look carefully at your insurance policies, notify your insurance company immediately and in writing, and bug them repeatedly for an answer.