judicialsupport

Legal Writing for Legal Reading!

Archive for the category “Reblog: Toughlawyerlady”

The Dirty Secrets of Sexual Harassment: A Behind-the-Scenes Perspective

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

ToughLawyerLady

The topic of sexual harassment has been trending in the news, prompted by the revelations made against Harvey Weinstein and many other men by women who allege harassment by these men, some of these allegations occurring many years ago. There are conflicting opinions as to whether and how to report sexual harassment, what the likely outcome of said reporting will be for the accuser, and even what is interpreted as sexual harassment by women of various ages. For example, in October, 2017, ThePhiladelphia Inquirer ran an interview with a seasoned lawyer about her experiences in handling sexual harassment cases. Although her responses appeared a little blunt, they resonated and affirmed not only my experiences but, indeed, the experiences of any seasoned employment lawyer in handling such cases.

The interview unleashed a barrage of vitriolic criticism attacking the lawyer, with many people expressing dismay at her advice and conclusions, and…

View original post 990 more words

Advertisements

A Lesson Learned From Taylor Swift On the Meaning of Damages

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

ToughLawyerLady

The composer and singer, Taylor Swift, recently won a sexual assault lawsuit against a former radio host. He initially sued her stating that she had caused his dismissal. She countersued because she wanted the trial to serve as an “example to other women.” Swift only sought a single dollar in damages, which the jury awarded her.

Yes, Even $1.00 Award Has Implications       

The dollar awarded to Swift brings up some interesting points about how damages are calculated under the law. There are two parts to every case:

  • The first part is liability, meaning that one has to first prove their case before they are entitled to damages. Many people spend most of their energy on the facts of their case, as they are so personally involved in it.
  • Yet, once they are able to prove their case, the next step, and often the most important step, is for them to…

View original post 778 more words

YOUR CHAKRA IS SHOWING

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

ToughLawyerLady

I am not a particularly spiritual person. I consider myself to be a very solid, staid and responsible person. That is probably why I became a lawyer. The legal profession does not lend itself to meandering thoughts, and regular self-examination. The law is a profession of evidence, rules, and having to do things in a certain way.

But lately I seem to be seeing terms which formerly were considered “woo-woo” making their way into mainstream thinking and literature. So if I am reading an article or magazine about architecture and exterior design, there is generally a mention of feng shui or creating good karma, or the importance of surrounding oneself with crystals or harmonious colors. If I am reading a women’s magazine there are always articles about wellness, relaxation, meditation, etc. Although in years past the West Coast in the United States was the origination point for many of the…

View original post 665 more words

Don’t Dig Yourself Into A Hole

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

ToughLawyerLady

Don’t Dig Yourself Into A Hole

This is a pop quiz on when it is advantageous to hire a lawyer:

  1. At the beginning of a significant matter in your life which could have a financial and/or emotional impact on your future.
  2. After you have – already signed legal documents that could encumber you, or after you have been sued, or after your deadline to pursue a matter have passed.
  3. After a judgment has been entered against you in a lawsuit you did not defend; years after you did not monitor what was happening with a relative’s estate of which you are a beneficiary; after you settled on a piece of property and begin having major problems.

I would hope that most of my readers would have selected A. Yet in my experience, most people do not hire a lawyer until they have experienced problems in B or C. It is…

View original post 899 more words

A BITTER WORLD

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

ToughLawyerLady

In the aftermath of every seminar I present at, I receive an evaluation of my presentation. Although most of the comments are favorable, there are sometimes one or two comments that are not. Some comments just contain information, as does the following one which is the subject matter of this blog. One of the comments for a seminar I presented last November was “Faye comes across as bitter. I wish her happiness.” I was the last speaker of that two-day seminar, and my topic was ethics in employment law. As this topic had been touched upon by several of the earlier presenters, I decided to focus on the real world of employment law cases, and the ethics, and sometimes the lack of ethics, of lawyers in these types of cases. Apparently my presentation revealed my unhappiness with some of the ethical issues I have encountered in my practice.

Do I…

View original post 390 more words

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…

View original post 859 more words

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…

View original post 584 more words

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…

View original post 942 more words

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…

View original post 444 more words

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…

View original post 368 more words

Post Navigation