Connecticut Legislature Alert!

In response to the Hartford Courant's article "Bill Prohibits Employers From Prying Into Personal Social Media Accounts"

Connecticut legislature alert. If the press reports are true who are they kidding.

A $500 fine for requiring employment applicants to reveal their social media passwords is a joke. First a good interviewer will get that information without requiring it. Second they can simply ask, if the applicant says no they finish the interview and find out they are not hired. No one will know why. Third if an employer cares enough to press it what are the odds it will get reported and fines. Finally it is only a maximum $500 fine and it may be only $25. 

Sounds like legislation to trick the public into thinking they really care about them.

Racing - Lessons Learned

Fate or something is against me. I have scheduled myself for races that I am not doing 5 times this year.

1 January Ocala Florida half marathon with a friend. 2 weeks before the race I have pain in my foot. I could have run, but my doctor recommends new running shoes, the pain gets much worse. My friend drops out due to an injury. Lesson: run in pain; don't change shoes just before a race.

2 June 7 iron horse half marathon: nephew's bride to be is having a party, I will drive my wife there and make a weekend of it with family. Lesson: family matters

3 June patriot half ironman: after registering I decide to do an October, flatter half ironman with friends. Lesson: don't put things off even for an easier path with friends.

4 September half iron man in Princeton is cancelled. Lesson: towns with lots of smart people can get in your way. Who cancels a planned race?

5 October half ironman beach to battleship, I planned on doing is the date chosen by nephew and lovely wife to be, to marry without polling the 100s on the guest list. Lesson: everything is not always about me.

I am still planning on doing my yearly 300 mile bike ride in the desert. Www.israelride.org Consider joining me. It is a great trip. Last year I had to cancel at the last minute because a case scheduled for trial, had not yet settled. Lesson: work is good, busy is great.

Overall lesson: I am a lucky guy to have a full schedule, great friends and family, and to still believe that I am able to complete a half ironman. Maybe I should simply choose shorter distance races or stick to well supported bike rides with great sag.

We Sue Professionals, Including Financial Planners

Financial planners are professionals too. And we sue professionals when they screw up. Your Financial Planner has an obligation to act in accordance with what other reasonable Financial Planners would do. If they make recommendations that most others would disagree with, and if the value of the asset goes down, or even does not go up in accordance with what a prudent financial planner might do then your Financial Planner can be liable to you for the difference. The catch is that we need a Financial Planner to testify against the Financial Planner we are suing. This may or may not be difficult to find. Call us we can help.

Another Lawyer Accused of Stealing

In response to recent article titled, "$1.8 Million Reported Missing From Estate Left to Town of Oxford" http://www.nbcconnecticut.com/news/local/18-Million-Reported-Missing-From-Estate-Left-to-Town-of-Oxford-295940791.html

Another lawyer accused of stealing. Lawyers are trusted with the money of others every minute of everyday. The money can sit under the lawyer's sole control for months or years. There is no shortage of people in any profession, in any job, who are crooks, or who through a series of self told lies and justifications, break the rules. The difference is lawyers have greater unrestricted access to large sums of other people's money. Especially lawyers who practice alone. Being a lawyer is a privilege, most lawyers are honest. Those who breach the trust which comes as part of the privilege should receive stiff and harsh punishment. One simple step which would help the profession police itself is to require all money held in trust to be in accounts where two lawyers have to sign for all withdrawals. It would slow the flow. There would still unfortunately be plenty of business for me helping the victims get there money back. CAN WE HELP? Call us. 860-561-0651.

Tort Reform

Tort reform hurts claimants. Keep in mind when you think of the claims that the court system is not fair to doctors that a major player in pushing for limitations on damages is by the insurance companies.

This is a terrible story from California which brings to mind the tort reform that California enacted years ago. The loss of life’s enjoyment and the pain and suffering experienced in any claim for malpractice was limited in California to $250,000 the last time I checked. We represented a client in a claim for Medical Malpractice in California years ago. I was shocked at how little was offered by the defendants insurance company. Why? They did not have that much to lose because of the damage cap.

Here in Connecticut there is no such cap. There has been a great deal written about how caps and other tort reform does NOT reduce medical malpractice insurance premiums. Let’s hope the insurance companies don’t try similar efforts here.

Dr. Dre Gives Out Big Bonuses to His Longtime Law Firm

Dr. Dre is said to have been the highest paid musician in 2014. I am sure I would not know his music if I happened to hear it in an elevator. I bet I would never hear it in an elevator. :)

But it would be cool to have Dr. Dre as a client. Just being around the famous is often a treat. Dr. Dre just gave every employee of the law firm he used a gift of $10,000. There are many comments out on the web about whether or not a law firm can accept gifts. The short answer is yes. But if the gift is substantial the lawyers have a bunch of rules to consider. They need to avoid the appearance of it really being a fee and the rules around excessive fees. Lawyers are only allowed to charge reasonable fees. We often get calls with complaints about the fees charged by other lawyers. No surprise there are lawyers out their charging fees that are excessive.

We can help – if you have been harmed by your lawyer give us a call.

Violence in Paris

Violence in Paris. It is outrageous how violence becomes the avenue traveled to make a point. I have been going into lawyers offices for years that have buzzers and cameras. I have been going into court houses and government buildings with metal detectors for years as well. I have watched this security get tighter and tighter.

I can recount the threats that my knees would be broken, I recall threats by a cop who was on the other side of a case, by someone who had just shot up my client’s house in anger and the more vague threats of “watch your back”. I recall one of our lawyers going to a deposition and the other lawyer putting a gun (in a case) on the conference room table.

I don’t have an answer. I wish our kids did not have to see any of this.

Legal Entrepreneurs Dominate Forbes 30 Under 30 List

Law grads turned entrepreneurs top the Forbes list of 30 under 30 because a good legal education teaches us lawyers how to think critically and see options. I post a lot about Lawyers screwing up; even the best can screw up. 

Whatever your dream, if it includes building or growing a business, a legal education may help you get there, not only because we live in community, guided by laws, but because it will help you attack problems. Consider going to law school, and consider hiring a lawyer as an advisor not just to advise on law, but also to help you chart the way. We at StangerLaw are advisors to help you. CAN WE HELP?

But also remember if your lawyer screws up, WE CAN HELP; Give us a call.

Massachusetts Supreme Court To Tackle Thorny Issue - Rules of Professional Conduct

In response to IPethics and INsights post: http://ipethicslaw.com/massachusetts-high-court-to-take-on-subject-matter-conflicts-in-patent-prosecution/#more-8061

Different lawyers in two different offices of one law firm are representing two different inventors in applying for patents. One of the inventors, call her Imaginative, sues her lawyer for malpractice. Here is the odd thing, Imaginative got all she wanted, she got her patent. In her case she does not allege that she is damaged, she does not allege that she should or could have gotten more; in affect she only alleges that law firm shouldn’t do that under the Rules of Professional Conduct (in Massachusetts).

Imaginative’s new lawyers filed this case in Federal Court where it is thrown out because it does not involve a Federal issue. On to state court it is thrown out because there was no claim of any harm. Whether or not this is a conflict of interest can be debated. What is clear is that Imaginative is just that both in inventing things and in claims against her lawyer. What is also clear is that there is no point to a malpractice claim where the client is not damaged, but a great place to report a lawyer who violates the Rules of Professional Conduct. But it is not finally decided yet – the highest court in Massachusetts will hear the case and decide what happens next. WE CAN HELP you understand if you have a good claim against a lawyer. Call us WE CAN HELP.

When You Should Expect Your Lawyer to Dump You

Ever been dumped by someone? Ouch!!! Does it matter if you are at fault. But I thought he was my lawyer not my lover!

Some examples of when you should expect your lawyer to dump you:
- you share with your lawyer that you are going to commit a serious crime in the future. - you repeatedly disregard the advise of the lawyer
- there is just to much disagreement and arguing going on- can't agree on reasonable goals for the "together" part of your lives
- total loss of respect for the other
- the lawyer is not getting what he needs / expected (money) from the relationship
- your personal interests are in conflict
- it's just not fun anymore or in other words the relationship simply isn't working

There are limitations on when a lawyer can dump a client depending on the circumstances. Call us if you think we can help.

Low Cost Divorce

I have helped agreeable couples get the court process going, agree on the terms of the divorce, sign a settlement agreement and get divorced in court for $1-2,000, but that requires a cooperative approach by both husband and wife. More common for all the above would be $3-5,000.

Mediation does assume some level of understanding that compromise is a goal. This is especially important for the family unit if there are minor children.

I have helped high conflict couples through the divorce as well, at higher costs.

How often do lawyers behave badly by failing to encourage their clients from the start to consider peace and reconciliation as a goal in the divorce? I have seen it, all too frequently.

If you need a lawyer to mediate call us. If mediation is not the answer, we can also help kick butt if needed, but with an understanding that the goal is resolution not war. Think stick and carrot.

We are also here to go after damages against lawyers who have behaved badly.

Call us WE CAN HELP

Rules for Tax-Smart Charitable Giving

In celebration of #GivingTuesday this year, the global day dedicated to giving back, Bruce and Leah share some thoughts on charitable giving. 

"Doing good deeds is second nature to many of my friends. These deeds can be small or large. They can be in acts of personal kindness or more global attempts to fix a problem. They can be by writing a check or spending time.

Some say what really matters is the intention or reason for giving of oneself. I don't agree. What matters is the good that is done. A good deed that helps others remains a help to others. So my thought as I reflect on Giving Tuesday is that we need more people to give. We should encourage giving even by those who give out of a sense that they do not want to be judged only by those other things they have done. Who knows the good deed may and should feel so good that it will encourage more positive conduct in his or her life. A journey starts with an intention to take one step." - Attorney Bruce Stanger

"So many nonprofit organizations contribute so much to our society and the quality of life in our communities. Find a nonprofit organization whose mission resonates deeply with you, and whose passion you share. Make sure that the organization is committed to excellence and best practices in all aspects of its operations. Give as generously as you can afford. Then enjoy the satisfaction that comes from contributing to something you care about." Attorney Leah Cohen Chatinover 

In oil baron's divorce, company lawyer plays star role

Wow billions to split in a divorce with most of the money tied up in a closely held business creates different dynamics. Is the lawyer for the company behaving badly by being in the court room during the divorce (behind closed doors)? Probably not. See the article posted on Reuters here.

When one spouse owns a business worth a lot of money the other spouse has a right to learn a lot about that business. Are funds being hidden? What is the business really worth? Should/could the owner be taking more money out of the business which could increase the alimony/child support a court may award.

So bottom line, if you or your spouse owns a business, expect your lawyer to ask for information about that business and expect a fight over what will or should be disclosed.

When billions are at stake the decision on whether or not to chase that information is easy. It is hard to decide how much money and energy to spend on the typical smaller business valuation. We have experts that we use to do such a valuation in the divorces we handle. We decide with the client if it is worth doing so. It is a cost benefit analysis. An analysis that has be done with limited information.

Call if we can help.

A Modern Day Bonnie and Clyde

Lawyers sometimes are simply crooks. Just like any other crook they take advantage of opportunities to steal from others. Our crooked lawyer in this case worked as a patent lawyer for a big company on the companies patents. He was an employee of the company working full time for just that one client, his employer.

A patent lawyer can and should do research both before and after applying for a patent of other patents that are related. For example research into other patents to see if what their client wants to patent is truly something new. One enterprising crook who is of course a lawyer (well at this point he and his wife are alleged crooks as the case has not gone to trial) with his wife created a fake patent research company. Our lawyer behaving badly sent invoices from his fake patent research firm to his employer, who of course made the payments. The charges were on average between $30,000 and $40,000 per month. This went on for years allowing them to buy those extra toys like summer homes, boats etc. The total alleged stolen was $5,000,000.

In response to -
http://ipethicslaw.com/a-modern-day-bonnie-and-clyde-former-ip-general-counsel-and-his-spouse-accused-of-racketeering-theft-in-alleged-5-million-patent-search-billing-scheme/

Low Cost Divorces

If you have no children and limited assets, try the Court Services Center, located in court houses throughout the state. The people there work to shepherd the litigants representing themselves through the system as they get divorced. I have done these for under $1,000. Which can be split.

For those who do have some money and or children but are able to talk to and compromise with their spouse I have been able to get a number of couples divorced using mediation. Both Husband and Wife hire me, not as their legal counsel, but as someone they can both use in coming to a conclusion on a deal and preparing the paperwork. If requested I can even go to court on the day of the divorce. I have done these for under $1,500. Which can be split.

For those who can’t deal with their spouse, mediation can often be the solution as well. Sometimes I can get the parties to see that spending lots of money on lawyers is not the answer. Rich or poor it is a negative way to go. Especially where there are children the parents need to find a way to work things out.

We Sue Doctors. We Sue Hospitals.

A man travels to Africa, comes home to the US, ends up in a hospital with a fever. Yes, of course we believe he should be checked for Ebola. Is the failure to do so malpractice? Seems pretty obvious to me that it is, but the real question is what is the standard of care in a hospital setting. It is not what I think but what other similarly situated medical care providers would say is normally done. That is the standard – medical professionals must provide reasonable care when compared to what other professionals do. It does not have to be the best, it just has to be reasonable.

Should Melissa Rivers sue Joan River's doctors for Medical Malpractice?

Well they are still talking about it. Should Joan Rivers daughter (really Joan's estate) sue River's doctors for Medical Malpractice? No surprise, but I say yes if it is clear negligence with clear damages.

My bottom line is that if a professional commits malpractice then their insurance company should pay reasonable (real) damages. Malpractice is simply negligence. We are not surprised when reasonable real damages are paid by the driver's insurance company after a car accident. If a driver screws up and someone is damaged, then insurance pays. If a doctor screws up, then insurance should pay.

We sue professionals for real damages caused by negligence. We sue lawyers. We sue accountants. We sue dentists. We sue hospitals. We sue doctors. We sue nursing homes. And we are proud of the work we do in demanding compensation for victims of professions malpractice.

Joan Rivers’ Doctor Faced a Past Malpractice Suit

We sue professionals. We sue doctors. We sue lawyers. It was recently reported that one of Joan Rivers doctors had faced a prior malpractice suit. Although we clearly believe professionals (including doctors) should be held responsible for negligent conduct, most prior claims of malpractice are not relevant to a different claim of negligence. Unless the prior claim of malpractice involved the same error it is of little value and many courts will say it is entirely irrelevant.

Why?

If I ran a stop sign 4 years ago it does not indicate a propensity to speed. I am not sure it even indicates a propensity to run stop signs. I made a mistake once. I should be liable for damages caused by my negligence (mistake) but it does not mean in a case involving speeding that it is at all relevant to say 10 years ago I ran a stop sign. Yes of course if I ran a stop sign at 4pm telling the officer I was late for a 5 pm meeting. If I then was speeding and caused an accident to happen, it would be relevant. But not if it happened many hours earlier or many years earlier.

So bottom line is that although it may be interesting to lay people to hear more about the players in a current story about a star, it is of no significance in a claim of malpractice.

Celebrating 13 Years

13 years ago in August it was me plus one lawyer and one assistant. Today we are 6 lawyers and 3 assistants plus a team of consultants and offsite workers. Technology now allows us to work from anywhere, our phones are desktops, and we are organized in ways I never imagined when I started practicing law 37 years ago. Feels like real progress as we stay on the cutting edge. I am proud of what we accomplish with our clients, where we are today, of our incredible team and I look forward to many tomorrows. 

Bruce STANGER Managing Member and Founder

Conflicts of Interest

It's the cover up not the deed that get so many in trouble.

Lawyers have a general obligation to stay on the correct side of conflicts of interest. From the attached article it appears to be the lack of a frank and open disclosure that got this lawyer in trouble. If your attorney appears to have a conflict of interest, or somehow not making your interests the most important expect a full and frank disclosure. Ask your lawyer if you have any concerns. It may simply be a misunderstanding. A client can even waive certain conflicts, but the waiver has to be based on complete knowledge and often should include advice from your lawyer to consult with an independent lawyer. You are not expected to know the difference between a conflict that can be waived and one that cant.

Call us if we can help. We don't mind going after another lawyer, it is only fair that the public have lawyers who are willing to call another lawyer on the carpet if they screwed up.