PHOTO: Anna and Brian work in their new office at 702 City County Building. Arbitration begins in the new location on September 7.

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After years on the Fifth Floor of the historic Allegheny County Court House, the Arbitration division is finally moving in with the rest of the Civil Division.  The new assembly room is located on the Seventh Floor, to the left of the Jury Room.  A cluster of former courtrooms and judge’s chambers in the southwest corner of the building have been reorganized for this purpose and they look pretty good.

Everyone has known for a long time that the old hearing rooms were too small. Under the Constitution, courts are open to anyone who wishes to observe.  However, the old rooms frequently could barely accommodate the witnesses.  And, frankly, they didn’t exactly look like a courtroom.  The new ones have the look and feel of a courtroom –partly because they still are.  Although the arbitrators’ hearing table remains, the raised dais has not been removed and the room could be converted back to a courtroom in about 5 minutes.

Its also great to avoid the morning security check at the old courthouse. Because this building houses the criminal courts, the magnetic machine is turned way up and the guards want you to remove belts, coats and sometimes shoes.  This ritual was particularly annoying when the line to go through security extended down the steps and even the sidewalk at times.  During some frustrating Winter days, the line never moved because police and court personnel, who go the head of the line, would take up all of the machine time.  They once confiscated an eyebrow tweezer from a lawyer on her way to the arbitration room.

While the City-County Building has security,too, it doesn’t house the criminal or family divisions — the places where electronic searches are more serious.  Veterans of both venues insist that security for the Family Division, located in the old jail, collect the most weapons of all.

So, goodbye to all that!  Life can only get better.

CLT

Traveling is hard on the digestive system — especially long flights from places like Amsterdam.  So here’s a little tip to help you find your Pepto Bismol in a crowded suitcase when seconds count.

Tape a cell phone to the bottle.  Then, when you need instant relief, you can call the cell phone.

The same tip works when you are having trouble locating  your new cell phone by calling it because you forget your new cell phone number. Tape your old cell phone to your new cell phone. No big deal.

CLT

An article in the New York Times about bedbugs tells us what one expert does after staying in a hotel.  In addition to tearing apart the bed, he keeps his luggage and clothes in the bathroom and gives the whole package a steam treatment.

So, before checking out, run the shower on hot for a few hours with the your luggage and clothes in the room and the door closed.  Then, just to make sure, repeat the process at home.

CLT

Welcome to a “twitterview” (interview conducted live on Twitter) featuring Lance Godard, host of the blog 22 Tweets (@22Twts). Mr. Godard was interviewed by Cliff Tuttle of Pittsburgh Legal Back Talk (PittsburghLegal)
 on August 24, 2010 to celebrate its 500th post.

The text of the live twitterview has been slightly edited to make it more readable to those not familiar with Twitter and to cover up a few technical gaffes committed by the inexperienced  interviewer.

PittsburghLegal Lance, how long have you been interviewing lawyers on 22 Tweets?

22twts Thanks for the interview, Cliff! I started interviewing lawyers for 22 Tweets a year and a half ago, in March 2009.

PittsburghLegal How do you describe 22 Tweets to people you meet at a cocktail party?

22twts Live interviews of lawyers. On Twitter. In 22 questions.

PittsburghLegal Why did you decide to use the medium of Twitter?

22twts I’d heard a lot about it & wanted to see how people, especially lawyers, were using it. I found it very interesting.

PittsburghLegal Of course, you’ve been advising lawyers on marketing for a long time, tell us about that.

22twts I was at an #AmLaw10 firm in marketing and biz dev for nearly 20 years, based in Europe, Asia and the US.

PittsburghLegal So, was 22 Tweets an outgrowth of your consulting practice, or something new?

22twts: It was something new. I was just starting on my own, and thought Twitter was a powerful comms tool for lawyers.

So I wanted to explore that, not just tell lawyers about Twitter & why, but create a forum for them to use it.

PittsburghLegal What do you look for in selecting a potential interviewee? How do you find them?

22twts I look for lawyers who are engaged on Twitter, who aren’t afraid to be both lawyers and human.

PittsburghLegal: How much (or little) do you know about the interviewees before you select them?

22twts I research them, look at their practices, what they’ve done, at the narratives they’ve created about themselves.

PittsburghLegal: What do you tell every new interviewee before the interview?

22twts: That the interview is their chance to tell their story. And to limit their answers to one tweet if they can

PittsburghLegal Tell us about an interview that was really fun to do.

22twts They’re all fun in 1 way or another. A few stand out: @Hideo_Kato, @thatlawyerdude, @clarinette02. For diff reasons.

PittsburghLegal: Interviewing live on Twitter involves risks. Has anyone ever made blunders that he/she regretted?

22twts: No, everyone is generally well prepared. The questions are fairly similar across interviews so usually no surprises.

PittsburghLegal: Do you ever correct gaffes on either side in the final published interview?

22twts: No. I generally don’t edit the text when posting interviews to 22Tweets.com. Not even when I forget a question.

PittsburghLegal: How often do answers surprise you?

22twts: Answers don’t surprise me much but sometimes I’m surprised at how much I like the people after just a few questions.

PittsburghLegal:  


How often do you go completely off script?

22twts: No, I never go off script. Often I wish I could go deeper into particular topic, but the format doesn’t allow it.

I just sit back & enjoy it. I believe everyone has a great story; when I can help them tell it I’ve done my job

Plus, I hope the interviews will prompt others to engage the interviewees directly, so unanswered questions are OK.

PittsburghLegal What do you do to keep the conversation from growing stale over time?

22twts That’s never a problem. Every interviewee is different, even if the questions I ask are similar, so it’s always new.

PittsburghLegal Do interviewees ever request a question? If so, do you ask it?

22twts I don’t think anyone has requested a specific question, but if they did I would prob ask it. W/in reason of course.

PittsburghLegal Do interviewees ever tell you that they wish you had or hadn’t asked a certain question?

22twts No, that’s never happened. People certainly may have thought that, but no one has said it.

PittsburghLegal What will the legal landscape look like in 10 years?

22twts: Prob not too different from today. The future will be diff, absolutely, but will likely take a generation to change.

PittsburghLegal What do you do when you’re not working?

22twts Spend time with my family, cycle, yoga, cook, eat, try to keep from checking my Blackberry every few minutes.

PittsburghLegal What would you do if you weren’t a marketing consultant?

22twts Probably teach. Was on my way to a PhD in Film Studies when I started working in a law firm & discovered paychecks.

PittsburghLegal How do you want to be remembered?

22twts As good father, a good husband, a good friend. Someone who helped others and maybe even made a difference.

PittsburghLegal Is there another project like 22 Tweets on the horizon?

22twts: Always thinking of new ways to use Twitter and SocMed, eg a Twitter debate w/@ABAJournal that we’d like to do again.

PittsburghLegal Last question: what advice can you give to lawyers who are unhappy in their present job or practice area?

22twts You chose to be a lawyer for a reason. Find that passion. Nurture it. You’ll be happier (and prob more successful).

PittsburghLegal @22Twts, thank you for an excellent Twitterview! I learned a lot!

CLT

I wanted to do something unique and memorable for post number 500, which is coming up next.  So, I asked Lance Godard, who interviews lawyers who tweet on one of my favorite websites, 22 Tweets, for an interview.  That is, me interviewing him on my blog, Pittsburgh Legal Back Talk.

In case you have never read a 22 Tweets “twitterview”, just go down the left column of this blog a bit until you run into it in the Blogroll.  You won’t find too many managing partners of megafirms or high rollers who make the Wall Street Journal Law Blog being featured  in 22 Tweets.  But you will find some very interesting and dedicated lawyers, individuals who are making a difference in their corner of the world. They generally advertise and  promote their practice on the web, often in blogs and always with Twitter. Since Twitter limits everyone to 140 characters per tweet, answers are the soul of brevity. One great 22 Tweet answer of a few weeks ago, reprinted in PLBT: Sending resumes is like buying lottery tickets.

After so many great twitterviews, it was only fair that somebody pose a few questions to Lance. I have 22 of them in mind.

As with 22 Tweets, you can catch the interview live on Twitter by going to the #22twts page on Twitter at 4 pm EDT.  Or for those who still don’t tweet, come here on Tuesday evening and read No. 500.

Thank you all for reading, and sometimes commenting these last 499.  I pledge to do everything I can to make the next 500 even better.

CLT

What books that you haven’t read in years do you intend to read again?

My Answer:

1. The Brothers Karamazov by Fyodor Dostoyevsky

2. Ulysses by James Joyce;

3.  1984 by George Orwell;

4.  Master and Commander by Patrick O’Brian;

What places that you haven’t seen in a while do you most wish to revisit?

My Answer:

1. Rome;

2. Chesapeake Bay;

If you could start again in life, when would you start?

My Answer: Third grade.

Aside from family and friends, who would you most like to befriend in the afterlife?

My Answer:  Benjamin Franklin.

Back Talk Requested.

CLT

Who is to say that the one juror who held out against conviction was wrong? That is what unanimous juries are all about.

CLT

Its very interesting to listen to the thinking processes of talk show hosts and callers as they discuss the reasons why, in their view, the proposed “Cordoba Mosque” should not be permitted to be built in the same neighborhood as Ground Zero.  The gist is that jihadist terrorists are laughing at us or having one over on us.  ”Yes, I believe in the First Amendment, but …”, they begin.

Its nice to know that nobody is launching a movement to repeal the First Amendment, but it seems to be the case that a large number of Americans want to carve out an exception under THIS circumstance.

Okay, so tell me exactly how you intend to describe this exception to the First Amendment.  Explain why it would be acceptable to build a United Methodist Church or a Christian Science Reading Room there, but not a mosque.

Like most American cities, New York has a zoning ordinance and regulations that existed on the day the application was filed.  If the opponents of the Cordoba Mosque can find something in the existing ordinance and regulations that will prevent the mosque from being constructed, then maybe they might prevail.  But don’t bet on it.

Joseph and Donna Valentino signed an oil and gas lease with Range Resources-Appalachia LLC, together with a side agreement calling for a $456,800.00 bonus payment.

The side agreement indicated that the bonus payment would be made after a title examination and other actions intended to insure that the lessors owned the full oil and gas estate and it was not subject to existing leases. Other language indicated that the payment was subject to approval by Range’s management and that it would occur within 90 days after signing.

90 days passed and Range ultimately sent the Valentino’s a letter rejecting the lease on grounds of the economic downturn.  Valentinos sued in the United States District Court for the Western District of Pennsylvania.  Range filed a motion to dismiss.

In support of its motion, Range relied heavily upon two cases in the Middle District of Pennsylvania: Lyco Better Homes, Inc. v. Range Resources — Appalachia, LLC, No. 09-0249, 2009 U.S. Dist. LEXIS 110425 (M.D. Pa. May 21, 2009) and Hoillingsworth v. Range Resources — Appalachia, LLC, No. 09-0838, 2009 WL 3601586 (M.D.Pa. October 28, 2009). “Defendant suggests,” remarked the Court,”that because the Middle District granted its motions to dismiss in two factually similar cases, this court should do the same.”

However, the Court rejected the idea that it could or should consider these cases as stare decisis. Even if the facts were identical, there is no such thing as “Law of the District” and each District Judge is free to reconsider and prior District Court holding in the current case. While the final decision could ultimately turn on the statute of frauds, the Court indicated that it could not take up that issue on  a motion to dismiss, citing a case, and that the defendant would have to wait for another day to press that argument.

It will be interesting to see to what extent the District Court will treat the lease and the side agreement separately.  The lease is not signed by the Defendant  and thus, under Pennsylvania law is not enforceable.  But is the separate side agreement enforceable against Range?  In disposing of the motion, the Court holds out the prospect that it may do just that.

The language of the side agreement, recited in the opinion, goes through a litany of procedures that must be accomplished before the bonus can be paid.  The implication, seen from the landowner’s perspective, was that if the lessors had good title, the lease would be approved.  Moreover, the lessors argue that they negotiated changes in the lease, which were in fact approved.  Since the side agreement appears to be ambiguous on this point, the door is open for a trial and a lot of parole evidence.

The obvious importance of this case is that Range is a major player in the Western Pennsylvania Marcellus Shale field and has already leased many thousands of acres. It is likely continue to lease for many years and there will undoubtedly be many more disputes over bonuses, rentals and royalties under the same or a similar document. Perhaps some of those cases will cite  Valentino v. Range Resources.

There have been so many foreclosures in recent years that it has become an undue burden on the time of officers of foreclosing parties to sign, let alone read, the cookie cutter pleadings that continue to pour into the courts.  Truth is, the nominal plaintiffs, primarily trustees for real estate investment trusts, just want the non-producing assets to be promptly liquidated so they can be quickly sold.  Don’t bother them with the details — somebody else is in charge of that anyway.

Because their clients gave them no choice, attorneys at foreclosure factories have been signing verifications of complaints and other pleadings for years.  Since this practice is not authorized under the Pennsylvania Rules of Civil Procedure, the detour to motions court and preliminary objections was becoming a well-worn path.

And then, a few years ago, Complaints started turning up signed by “Vice Presidents of Documentation” or persons with similar titles who were, you guessed it, lawyers at the same law firm where the complaint was being generated. Of course, the only responsibility of these vice presidents was to sign verifications.  According to stories told by certain anonymous sources, the VPD would have to set aside whole days for “signing parties”. The stories don’t relate whether the VPD actually read the complaints she verified and knew from personal knowledge that the information stated therein was true and correct.

Meanwhile, the organization known as MERS, which has acted as a “nominee” in millions of home mortgage transactions to save on the preparation and filing of assignments of mortgages, was increasingly being named as plaintiff in mortgage foreclosures because it was the mortgagee party of record.  Its response to the deluge of requests for verifications was to appoint thousands of vice presidents spread around the country whose only responsibility is to sign verifications.

Somewhere along the line, lawyers started to complain and judges started to notice.  The purpose of the Rule has been forgotten: to confirm that the averments in the complaint are true and accurate according to a person with personal knowledge and the authority to sign the verification.

Chances are that the plaintiffs cannot produce resolutions of the appropriate boards of directors electing these so-called officers.  But even if they could (and they eventually will, if pressed), the truth is that these vice presidencies are bogus.  They are fictitious offices created for the sole purpose of avoiding  the responsibility of every litigant to review the allegations set forth in a complaint written by an attorney, who is presumed by the authors of the Rules not to have first hand knowledge of the facts.

CLT