Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

801 and Counting.

Posted by Cliff Tuttle| January 27, 2012 | © 2010

No. 801

Don't write Santa. Email him!

As 2012 has just begun, and I have just passed the 800th post in this blog, a late New Year’s Resolution.

Less paper.  Lots less.

Actually, I’ve been working on this one for a while, but now is the time to press onward and upward.

I resolve not to send anything by mail that can be sent electronically.  Although the Rules call for service of pleadings by mail, most lawyers will accept service by email if you ask.  So I will ask. Forcefully, if necessary.

Replacing a paper communication with an electronic one has plenty of positives and no — yes, no — negatives.

You can write and send an email in a fraction of the time it takes to write a letter, print it, sign it,  address an envelope, print it, stuff paper in paper, apply postage and deliver the final product to the Post Office.  But the benefits do not stop there.

The message arrives at its destination in a nanosecond.

The reply often comes in minutes.

Virtually no space is required to store it.

Less effort is required to retrieve it from electronic storage.

I can also access it away from the office via the cloud.

So why are so many of us clinging to paper?  Primarily, it is because we are afraid to let go.  Of course there are times (few times) when there is no choice. Such a choice should be dictated by the needs and expectations of others.

Less paper means electronic books, too. Less storage here, a lot less.  I borrowed an ebook from the public library recently.  It returned itself, even though I forgot that it was due.

I just added “Chuck Newton Rides the Third Wave” to the blogroll. That blog has seen over 2,000 posts and is still going strong.  Chuck Newton is a minimalist. You wouldn’t catch him buying any unnecessary office supplies.  He says that all you really need to practice law is a laptop, a cell phone and a spare bedroom.  Everything else is candy for your ego.

Newton says that lawyers buy (or rent) things they don’t need because they worry about their image. That includes fancy offices. You pay big money to rent high class real estate and then spend more to pay the utilities and furnish it. They call it an investment, Newton says, but it is really a sink hole for money. At at the end of it all, your “investment” is worth zero.   Newton says that clients would rather get better service at lower fees.  And how do you lower fees?  Send fewer letters and more email.

CLT

Paterno’s Grand Jury Testimony Is Inadmissible at Trial.

Posted by Cliff Tuttle| January 26, 2012 | © 2010

No. 800

This is the 800th Post on Pittsburgh Legal Backtalk.  Thanks for reading.

Joe Paterno’s testimony before the grand jury corroborated Mike McQueary’s testimony that he reported activity of a sexual nature and not just horseplay.  Paterno would have been an important prosecution witness in the trials of former PSU Athletic Director Tim Curley and former Senior Vice President Gary Schultz. These two defendants will assert that they were not informed of the full extent of what happened by McCreary.

While there is a transcript of Paterno’s testimony, because there was no opportunity to cross-examine in a grand jury proceeding, admission of the transcript would violate the Sixth Amendment to the United States Constitution.  So says ALM’s Legal Blogwatch.

CLT

Reassessment 2012: Getting all of the information requires logging into two web pages.

Posted by Cliff Tuttle| January 25, 2012 | © 2010

No. 799

The Allegheny County says that assessment numbers to be used in 2013 and comparable sales are now available on the County’s website, but only for City and Mt Oliver properties. Other areas will be posted in coming weeks.

To find values to be used in 2013, you must visit  ”Court Ordered Reassessment Values”. You can get there by going to the Allegheny County web site (Google it) and following the links. Be aware that the 2012 value and the new 2013 value are displayed at the bottom of the page and you may have to scroll down to see it.

If you read the notice in the middle of the page, you will find a link for corrections of errors in the building information, such as the number of rooms,  bathrooms and other such factors. This can be done without an informal hearing, although it may be wise to check for changes periodically.  This may result in a change (hopefully a reduction) to the reassessment, but don’t count on it.  File a formal appeal anyway.  It can be withdrawn if you decide that you are satisfied with the value by the time of the hearing.

However, to find other information, primarily things that didn’t or shouldn’t change, such as the building information, photo, floor plan  etc., it is necessary to click on a link on the middle of the Court Ordered Reassessment page, which takes you to your previously-existing assessment page.

Complicated?  Yes.  Difficult to navigate?  Initially, yes. But if you have time and patience, you can probably work through it. Unfortunately, a spot check of random properties indicates there are still problems with some of the information. Some web pages are missing information or have not been fully updated.  The Pittsburgh Post Gazette reports that the County says the problems are temporary and will soon be fixed.

 

CLT

 

Reassessment 2012: Look at the Court Ordered Reassessment Website for New Values and Comps.

Posted by Cliff Tuttle| January 24, 2012 | © 2010

No. 798

This morning the County downloaded City and Mt. Oliver values and comps on the new website entitled “Court Ordered Reassessment Values.”  Check it out.

CLT

Can You Say “Megaupload”, Boys and Girls?

Posted by Cliff Tuttle| January 24, 2012 | © 2010

No. 987

Try adding a hyphen: “Mega-upload.”  Aha!

This Japan-based internet giant was recently shut down by the FBI on charges that its file-sharing service was enabling users to share copyrighted material in vast quantities.  And the head honcho of Megaupload, who has the intriguing name “Dotcom” was arrested and is being held without bail in New Zealand, where he lived, until then, in a mega-mansion.

The site utilizes “digital lockers”, for electronic storage.  Users upload to their digital locker and the contents are then available for download.  Unfortunately for Megaupload customers, the contents of everybody’s locker has been seized, including users who are storing their own files with no copyright issues.

And you thought those FBI warnings at the beginning of rental movies were an empty threat.

CLT

 

 

Harbinger of Spring: the First Stinkbug.

Posted by Cliff Tuttle| January 23, 2012 | © 2010

No. 796

Can Spring be far?  It was 61 degrees in the sunshine today and the first stinkbug of the year flew in from nowhere and landed on my desk.

CLT

Enhanced Assessment Data Offered by County for a Fee.

Posted by Cliff Tuttle| January 23, 2012 | © 2010

No. 795

Just in case you can’t get enough assessment information, here’s information about the County’s fee system for extra information.

 

Reassessment 2012: New Values, perhaps but no you-know what.

Posted by Cliff Tuttle| January 23, 2012 | © 2010

 

No. 794

According to the Trib, the new values for 2013 (remember, assessment changes are on hold at 2011 levels for 2012 taxes) are posted on the County’s assessment website for the City of Pittsburgh and Mt. Oliver.  We’ll have to take the Trib’s word for it.  The page just says 2011  – the same as it said last year. Viz:

 

 

 

 

And then, if you try to look at the comparables, you get this:

 

Or maybe this:

 

 

 

 

 

 

 

Definitely a work in progress.  Stay tuned.

CLT

The Loyal Tipstaff.

Posted by Cliff Tuttle| January 23, 2012 | © 2010

No. 793

The Pittsburgh Post Gazette expanded its coverage yesterday of employment of the President Judge’s two daughters and two sons-in-law within the judicial system by publishing a list of the relatives of judges working as their tipstaves (yes, that’s the plural), law clerks and other members of their office staff.

These Post Gazette articles, while noting that there is nothing illegal or unethical in this practice, suggest that better qualified candidates are never given consideration.

However, in pronouncing judgment, the PG fails to to mention an overriding consideration that all judges weigh when inviting anyone into the inner circle: loyalty.  Each member of a judge’s staff is constantly being queried by people who ardently wish to know the probable outcome of a case. The judge must be confident that the staff member will not be drawn into a discussion that will reveal something that should be confidential. Sometimes celebrities or other important people are appearing before the court.  Nosy people, like reporters, must be kept in the dark, not for the sake of the litigants per se, but to preserve the integrity of the judicial process.

While discrete and loyal employees exist everywhere, they can sometimes be difficult to find.  The advantage of a relative is that their personal attributes are already well-known to the judge-employer.  Plus, there is the bond of loyalty  that traditionally comes with kinship.

The duties of a tipstaff do not require a great deal of formal education and can be learned through OJT.  The most important responsibility of a tipstaff serving a trial judge is to take charge of the jury from the moment they are assigned to a case until the moment they are discharged. To do this well, a tipstaff must employ  skills that are impossible to identify in an interview.  Common sense, problem solving and ability to size up a situation in a moment are three such intangibles.  A tipstaff must always be polite and considerate, but also in control.  And above all, a tipstaff must be loyal to the judge, 100%.

CLT

When Did Two Former Speakers of the House Run Against Each Other For President?

Posted by Cliff Tuttle| January 23, 2012 | © 2010

No. 792

 In 1844, James K. Polk and Henry Clay, two former Speakers of the House of Representatives, ran against each other for President.  Since Polk, there has never been another former Speaker elected to the Presidency.

Clay ran for the Presidency in the general election twice and lost two other times in  nominating conventions.  He was the the leader of three successive political parties. He served three times as Speaker as a Democratic-Republican, but was nominee of the National Republican Party against Andrew Jackson in 1832 and as a Whig against Polk. The next and last Speaker to run in the general election for President was James G. Blaine, who lost to Grover Cleveland.

Gerald Ford, who was never elected President, was never the Speaker of the House.  He was the Minority Leader before being nominated to fill the vacancy in the Vice Presidency in the second Nixon Administration.

John Nance Garner, who became Speaker in 1931, was later elected Vice President with FDR.

Whether another former Speaker will run in the 2012 general election remains to be seen.

CLT

 

 

 

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Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 38 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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