Pittsburgh Legal Back Talk

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

1410 Posts and Counting

Are Settlement Decisions “Predictably Irrational”?

“What is it about zero cost that we find so irresistible? Why does free! make us so happy? After all, free! can lead us into trouble: things that we would never consider purchasing become incredibly appealing as soon as they are free! For instance, have you ever gathered up free pencils, key chains, and note pads at a conference, even though you’d have to carry them home and would only throw most of them away? Have you ever stood in line for a very long time (too long), just to get a free cone of Ben and Jerry’s ice cream? Or have you bought two of a product that you wouldn’t have chosen in the first place, just to get the third one for free?
What is it about free! that’s so enticing? Why do we have an irrational urge to jump for a free! item, even when it’s not what we really want?
I believe the answer is this. Most transactions have an upside and a downside, but when something is free! we forget the downside. Free! gives us such an emotional charge
that we perceive what is being offered as immensely more valuable than it really is. Why? I think it’s because humans are intrinsically afraid of loss. The real allure of free! is tied to this fear. There’s no visible possibility of loss when we choose a free! item (it’s free). But suppose we choose the item that’s not free. Uh- oh, now there’s a risk of having made a poor decision—the possibility of a loss. And so, given the choice, we go for what is free.”

A Prayer for the Lucky Puppies of Denham Springs, Louisiana

No, our dog was not rescued from Katrina. But had it not been for the kindness and devotion of Robin and her family, we would have never been able to adopt a wonderful dog. Now, she is about the business of saving other dogs in every meaning of the word. We are grateful that there are deeply devoted people in the world like Robin. We hope and pray that Robin, her family and every one of their dogs, are safe and dry tonight and that they will soon be safe at home.

Notaries of the World, Unite!

What is the point of renewing a notary commission? Do we actually forget how to notarize and need retraining? Is there a danger that someone will start using our equipment? The answer is: None of the above. Being a notary is so easy that the essentials of most notorial duties (except perhaps motor vehicles and a few specialties) can be learned in 15 minutes. The real purpose of the quadrennial renewal process is to collect fees. Yes, they are user fees, but did you ever consider that the fee is for the purpose of processing the renewal and if there were no renewals, there would be no need for fees?

Constitutional Law: Is Pole Dancing a Form of Free Speech?

Posted by Cliff Tuttle Adams Township is a growing community in Southern Butler County, located on Route 228, between Cranberry Township and Mars. The Township’s zoning officer turned down an application to operate a dancing school in May. So the Applicant, forgoing the usual avenue of appeal, filed a Complaint in the US District Court, […]

Champion of the Solos: Carolyn Elefant of “My Shingle.com”

Carolyn persuasively argues that solos are the true pioneers in implementing advances in legal technology and trends that make law practice more efficient and effective. They bring down the cost of practice and thus the cost of legal services to the public. They are more likely to be wireless, paperless and even happy.

Back Talk Requested: Don’t Tase me Bro!

What do you think about the $100,000.00 settlement? Based on what is reported in the newspaper (which is not necessarily what the trial testimony would indicate) would you be inclined to make an award for the plaintiff? Lawyers: what would you look for before you would be willing to take this kind of case for a plaintiff?

bit-x-bit,LLC’s Susan Ardisson on Electronic Discovery: a Q&A

There are relatively inexpensive e-discovery capture and review tools available which can suit the needs of smaller law firms and companies. During the past year, we have seen significant growth among small and medium sized law firms toward establishing in-house processing and review capabilities. And once the tools/systems are in place, the attorney time necessary to review thousands of potentially relevant documents can drop dramatically, making the whole process more affordable for the client.

Real Estate: Should we be glad to bid farewell to “Seller Assist”?

But to the buyer, it can make a big difference. The property will probably appraise for the full amount of the inflated sales price. The buyer is thus able to borrow more money. As a consequence of this and a few more little tricks (like simultaneous first and second mortgages), the buyer comes away with very little equity, often no equity, in the property on the day of closing.

Commonwealth Court holds that zoning ordinance requiring one acre minimum can cause merger of undersized lots under common ownership prior to enactment of the ordinance.

“lots are presumed to merge as necessary to comply with a zoning ordinance’s lot size requirements when they are under common ownership prior to the passage of the ordinance. It is the landowner’s burden to rebut this presumption by proving the intent to keep the lots separate and distinct. In doing so, the landowner’s subjective intent is not determinative, rather, there must be proof of some overt or physical manifestation of intent to keep the lots in question separate and distinct.”

Predatory Servicing: Meet the Loss Mitigation Department

Customers of some of the largest home lenders in America are reporting that they have accepted loan modification offers from loss mitigation departments, ostensibly set up for the purpose of stemming the tide of foreclosures, and lived up to their end of the bargain, only to have the lender proceed with foreclosure anyway. This has occurred, without explanation, after the borrower has sometimes paid a substantial fee and even several monthly payments. Reports of such incidents are widespread on the internet.

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 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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