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Archive for the category “Reblog: Toughlawyerlady”

BENJAMIN FRANKLIN’S 7 GREAT VIRTUES

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Recently I walked by a parking garage in Philadelphia and noticed something that made me smile on a gloomy winter day. A sign announced that the floors of the garage were named after Benjamin Franklin’s 7 personal virtues that he created to define his life, and no doubt hoped would be followed by his fellow American citizens – an aversion to tyranny, compromise, freedom of the press, humility, humor, idealism in foreign policy, and tolerance.  Even more telling, I noticed the sign shortly after our country had concluded the most vicious Presidential election in American history (2016), when the nerves of all citizens, both winners and losers in the election, were still raw due to the brutal process of this particular election.

Although I probably had read about the virtues during my school years, they seemed new, fresh, and particularly relevant to our current lives, so I decided to read…

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THE NEW ATTORNEY-CLIENT RELATIONSHIP, PART II

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

In my previous blog post (see here) I wrote about an article in the November 1, 2016 Ethics Forum column in the Pennsylvania Law Weekly written by Samuel C. Stretton, a local lawyer, which discusses how the attorney-client relationship has lost the loyalty and trust that existed about 40-50 years ago. I will continue with Mr. Stretton’s comments, and my responses thereto.

Comment: “One has to practice defensive law. One’s file has to be documented and there has to be perhaps more communication just to protect the lawyers from future claims. Rare is the lawyer who receives a note of appreciation from a former client.”

Response:  I agree that lawyers have to practice defensive law.  In the course of one’s case a lawyer must deal with their client, with opposing counsel, with judges, with local bar associations, and with licensing and disciplinary entities. Mr. Stretton feels that clients now…

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The New Attorney-Client Relationship, Part I

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

In the November 1, 2016 Ethics Forum column in the Pennsylvania Law Weekly written by Samuel C. Stretton, a local lawyer, he laments about how the relationship between attorneys and clients has changed, deteriorated, and become adversarial, over the last 40 to 50 years. I found the article to be fascinating, and I am devoting two blogs to the issues he has raised. This is the first blog.

One could argue that life in general has changed, relationships have changed among friends and co-workers, and that our society has become a more difficult place in which to exist and function.  That change has also impacted the law, and the manner in which participants in the legal system interact with each other.

Some of the comments Mr. Stretton makes follow, and I will provide my thoughts on these comments based on my experiences:

Comment: “The loyalty and trust that used to…

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The American Way

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Ben Steverman recently published an article with Bloomberg News which concluded that Americans are addicted to their jobs. Steverman stated that compared to workers elsewhere in the world, Americans work more hours,, retire later , and take fewer vacation days. A comparison with European workers finds that the average worker in Europe works 19% less than their American counterpart. That translates to about 258 hours a year and about an hour less each weekday. In sum, American workers work about 25% more than Europeans. Also, more people over age 65 are working than at any other time in the last 50 years.

Of course, these statistics vary by country, with Swiss work habits being similar to those of Americans, whereas Italians work 29% fewer hours a year than Americans do. Theories for these differences include 1) that American workers feel that their efforts will pay off in the form of…

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KNOWING THE LAW

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

More than once, after I tell someone who calls me inquiring about their situation, that they do not have a case under the law, or their case would be very expensive to process and their chances of prevailing are slim, they have angrily said “I’m going to find a lawyer who knows the law!” I believe, after nearly 43 years of practicing the law, that I pretty much know the law, and if I don’t know it, I know how to research it.

The majority of people search for a lawyer by surfing the Internet, using the yellow pages, or seeing paid advertising; using a referral service; receiving a referral as part of a workplace benefit; or receiving a referral from relatives, friends, co-workers or neighbors.

Often the process of locating a lawyer who practices in the relevant area, or even finding a lawyer who will take the time to…

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FEAR AND LOATHING IN THE WORKPLACE

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

What is happening in the workplace? Although the employment rate appears to be increasing, in my experience, employees are getting fired from their jobs at an alarming rate.  Many of the employees getting fired are long-term employees. Others are short-term employees, whose performance appears to be golden one minute, and the next minute they are being fired for some allegedly reprehensible, and often false, reason. My Office is always dealing with a myriad of issues involving employment and civil rights matters as they pertain to employment. We represent employees and employers at any given time. Since the recession is over, employers don’t seem particularly concerned about retaining their employees and employees don’t seem to care about leaving one job to take another.

On the employee side we  are assisting clients by trying to maintain their jobs, helping them make accommodation requests under the Americans With Disability Act, arranging leaves under…

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FANTASYLAND

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

This is a Presidential election year, and this month I listened to many fine speeches given by and on behalf of both the Democratic and Republican candidates.  Even their children were drafted into extolling the virtues of their respective parents. All of the speeches outlined the virtues of each of the candidates and painted the other as the devil incarnate.  But, if the truth be told, each of the candidates carry considerable baggage.  Each of the candidates was most likely an absentee parent, despite their children alleging otherwise. Each of the candidates either had, or were rumored to have, extramarital affairs.  Neither candidate has stellar reputations for honesty and fair dealing.  Each of the candidates have had their character questioned.

Does the above mean that the candidates should not be elected as President? No, it just means that they are human, and that they are subject to the same human…

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GOVERNMENT AGENCY MORASS

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Another Presidential race year is upon us. Not only is it upon us, but it seems like news about the aspiring Presidential candidates is being ingrained in our pores. If the strategy of politicians and the media is to annoy us, exhaust us, shock us, and nearly destroy our faith in the democratic process, they have accomplished these things this year.

I will not discuss individual Presidential candidates or their views, or my candidate preferences, but I want to discuss the state of our local, state and federal government agenciesfrom the perspective of our attorneys, who deal with these agencies on a regular basis.  Due to our interaction with these agencies I fear for the state of our government. I was going to title this blog “We Need a Revolution”, but I thought the CIA might visit me if I did. But clearly, some action has to be taken to…

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THE LUCK OF THE DRAW

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

In nearly every matter we work on, we deal with opposing counsel. I have realized that the single most significant feature in how a matter proceeds, and indeed how a matter is concluded, is based on the personality, reputation, character, work habits, ethics, knowledge, and practice of that opposing counsel. I have identified various characteristics that attorney who have been our opposing counsel possess, and this blog discusses them. Although I have used the pronoun “he”, these descriptions apply to lawyers of both sexes.

The Missing in Action Lawyer.   This type of lawyer may initial return telephone calls or e mail promptly, or may even agree to resolve a matter, but gradually becomes less responsive, or sometimes disappears entirely over time. By “disappears”, I mean that the lawyer is still alive, but becomes less and less responsive.  I assume that the reasons leading to the disappearing lawyer are one…

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DRAGGED KICKING AND SCREAMING

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

One would think that in this day and age most people realize that seeking legal help for various matters is not a luxury, but a necessity. Yet it appears that many people equate visiting a lawyer to visiting a dentist – they will only visit if it is a dire emergency, and they often have to be dragged there, kicking and screaming.

Every day we receive telephone calls from people with serious legal issues who are consulting a lawyer often years down the road from when they should have consulted a lawyer. For example, their delay in consulting a lawyer has often resulted in their losing a piece of property to foreclosure, fraud, or sheriff’s sale, or walking away from an inheritance they were entitled to receive, which they did not receive because of fraud or malfeasance of the person who was administering or probating the estate of the person…

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