Born to Tweet!

Congratulations to Gourmetlawyer and wife of Chicago who announced the birth of #Gourmetbaby on Twitter early this morning. Father provided a a tweet by tweet description of the birthing process over the course of the evening.

You can follow further tweets on the subject under the category of #Gourmetbaby.

CLT

Category: Uncategorized

Every New Day Is a Gift.

We don’t know how many are left. But there is one fewer than there was yesterday. Lets make it count.

CLT

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Bombing of Dresden Still Debated After 65 Years.

With the war grinding down in early 1945 to an inevitable Allied victory, the invading armies raced toward Berlin. Churchill promised Stalin, or so they say, that British and American bombers would obliterate the City of Dresden, so that it could not support the retreating Germans on the Eastern Front.

The New York Times reports that the debate still rages whether the Dresden bombing mission was deliberately planned to kill as many civilians as possible. Documents indicate that this was in fact the intention. Was this kind of population-targeted warfare legal under International Law?

If you wish to know what it was like to survive during the bombing, there is a German made for TV Film available in two episodes that is incredibly graphic.

: Frauenkirsche, from DW-World-DE

A German website, DW-World.DE reviewed the film, which is available through Netflix. Of particular note is the depiction of the famous Frauenkirche, recently restored to its pre-bombing splendor. The skeleton of the church is the symbol of Dresden in ashes. Frauenkirche restored is Dresden risen from the ashes.

CLT

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St. Patrick Was the First Great Churchman to Teach that Slavery Was Contrary to the Law of God.

That’s something to toast.

CLT

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Tiger Woods Emerges Triumphant Only Four Months Later

In December it was widely predicted that Tiger Woods’ career was over, but when he plays in the Masters in early April, it will have been only four months. That’s the off season for most sports.

Now, it is reported in the New York Times that the appearance of Woods in the Masters is being called potentially the biggest sporting event of all time. So much for the predictions of all those pundits who said that Woods had been fatally damaged.

Here’s a prediction: the return of Woods will draw the largest TV audience of any sporting event, which means that it will outdraw the last Super Bowl. I won’t be watching, however. I’ll be blogging.

It has often been observed that, for a celebrity, all publicity is good publicity. The comeback will generate more attention than the hottest hot streak of all times. That doesn’t mean that he won’t continue to pay a price, a large one, in public and private.

CLT

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Zoning: Building Permit Denied for Mt. Lebanon High School Project.

Blog Lebo and the Pittsburgh Post Gazette report that the Mt. Lebanon School District’s controversial high school building project has been stopped dead by a ruling of the Zoning Hearing Board.

The plan failed to provide the required number of parking spaces and the footprint of the buildings and other non-permeable surface area is too large for the land on which it is built.

The problem is: they need to add 23 parking spaces while reducing the coverage by non-permeable surface to less than 50%. They could, of course, tear up the pavement in the back row of the parking lot and replace the existing surface with gravel. Then they could cut away the hillside to create more gravel parking spaces. Or maybe not. That probably violates some other section of the ordinance.

So, the School District will probably appeal and make their argument to Judge James that they ought to be given a variance because the proposal is closer to compliance than the status quo.

CLT

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Lawyer Remembered for Returning Phone Calls — 70 Years Ago!

Adrian Baron, who writes one of the best legal blogs in America, the Nutmeg Lawyer, recently announced the 70th Anniversary of his law firm, Podorowsky, Thompson & Baron, where he practices in New Britain, Connecticut.

He told how a bank teller had startled him by remembering that the firm’s founder had been her grandfather’s lawyer. How did she remember such a long ago fact? She remembered that Mr. Podorowsky had returned her grandfather’s telephone calls.

Get that: her grandfather was so pleased to have his calls returned by his lawyer that he told others. His granddaughter, who was probably eavesdropping on an adult conversation, remembered it. What does that tell us, lawyers and clients, about the importance of returning telephone calls?

That’s right. Returning calls is really important. I have been to a number of seminars on how to practice law over the years and the presenters always emphasize the need to return calls. If you can’t return a call within 24 hours, they say, have your paralegal do it. Then follow up when you can.

Of course, you could be really proactive and call clients before they call you. In the “Reluctant Rainmaker” by Julie A. Flemming, she suggests such a program for client communication:

“Unless a client specifies that she wants very little communication, you might consider implementing a policy that you will reach out to each client by telephone on a regular schedule, perhaps once or twice a month. . . . By checking in with each client on a regular basis, you make certain that the client understands exactly what is happening with the matter and knows what to expect in terms of next steps.”

So, to quote Adrian, “Now if you excuse me, there are a few phone calls I need to make.”

CLT

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BOB BERNSTEIN, TELL ME SOMETHING INTERESTING ABOUT LEGAL ETHICS AND TECHNOLOGY.

The Committee on Legal Ethics and Professional Responsibility issued Formal Opinion 2009-100 addressing ethical issues arising from inadvertent transmission of confidential client information embedded in computer files. Attorney Bob Bernstein, who has been active in the realm of law and technology and a past chair of the Allegheny County Bar Association Professional Ethics Committee, addresses some of these problems, which affect every lawyer who uses a computer.

PLBT: Tell me something interesting about legal ethics.

BERNSTEIN: I just submitted an article for an Allegheny County Bar Association publication on inadvertent disclosure of confidential information by not cleaning metadata from documents when they are emailed.

PLBT: What kind of confidential information can a recipient harvest from an unscrubbed email?

BERNSTEIN: A great deal. For starters, basic information such as –

– Your name

– Your initials

– Your company or organization name

– The name of your computer

– The name of the network server or hard disk where you saved the document

Digging a little deeper, the metadata can reveal —

– Other file properties and summary information

– Non-visible portions of embedded OLE objects

– The names of previous document authors

– Document revisions

– Document versions

– Template information

– Hidden text or cells

– Personalized views

– Comments

PLBT: Is converting a Word file to pdf format sufficient scrubbing to

protect confidential information?

BERNSTEIN: That can apparently prevent certain Word or Excel metadata from transmitting, but there is still pdf metadata that could be a concern — (things as simple as author and date, as well as notes and annotations made to the pdf).

PLBT: Is printing out and scanning a document before sending it to opposing counsel better than sending a pdf?

BERNSTEIN: Better? I’m not sure how that is defined. If you have a scanner and the document looks okay, then sure. If not, then a pdf is fine, provided you are sure there are no extraneous comments or annotations embedded in the pdf document. Remember, the Ethics opinions seem to put a duty of reasonable care on the lawyers to determine whether confidential information is embedded in the document.

Every document doesn’t have to be scrubbed, but you have to be sure there is no confidential information being “leaked.” Most documents in most situations don’t have confidential information. The issue is whether you have a way of protecting those that do.

PLBT: What software do you recommend to lawyers for stripping metadata from computer files?

BERNSTEIN: There are a number of programs, including Word! I am not prepared to recommend any at this point, other than to say this is an issue that lawyers need to be aware of and concerned about.

PLBT: Approximately when do you expect your ACBA article to appear?

BERNSTEIN: Expected to run early April.

BOB BERNSTEIN IS MANAGING PARTNER OF BERNSTEIN LAW FIRM, PC. IN PITTSBURGH. HE WAS AN EARLY ADOPTER OF MANY FORMS OF LAW TECHNOLOGY INCLUDING ELECTRONIC DISCOVERY AND HAS ALWAYS GENEROUSLY SHARED HIS KNOWLEDGE WITH THE MEMBERS OF THE BAR.

For Bob Bernstein’s Linked In profile, click here. For his profile on AVVO, click here.

CLT

Category: Uncategorized

Look Who is Following Posts on Common Pleas Court.

In the past I have often used the words “Common Pleas Court”. Given the subject matter of this blog, I can’t avoid it. But something has happened on yesterday’s post that is interesting and even surprising. This blog started getting ping backs from Common Pleas Courts around the country, lots of them.

I don’t usually save ping backs in the comments following posts, since they don’t contain much in the way of information. But I’ve save this group because it indicates that the courts are following blog posts that feature the words “common pleas court”.

This is a welcome development for a legal blogger. We want the courts to be in our audience. On the other side of the coin, it puts the burden upon us to comment accurately, responsibly and ethically. After all, you never know who is reading what you write.

I suppose that my use of the magic words may bring me another shower of pings. Good. I’ll do my best to write something worth reading. And if any of those readers wish to criticize, correct, amplify upon or otherwise hold forth on any post in Pittsburgh Legal Back Talk, be assured that your comments will receive attention.

CLT

Category: Uncategorized

How to File PO’s to an Arbitration Case in Allegheny County Common Pleas Court.

Unlike General Docket civil cases, where it is necessary to go to motions court to file preliminary objections, (1) you start at the Arbitration Office on the fifth floor of the old County Courthouse to obtain an argument date.

(2) While there, determine whether it will be necessary to postpone the scheduled hearing. If so, get a green form and jot down the available dates from the calendar on the wall. The unavailable dates are marked in yellow. You will need to obtain opposing counsel’s consent to a postponement and file it later, for a fee of $10.00.

(3) Go to the Department of Court Records on the first floor of the City County Building and visit the cashier. File your PO’s and Brief and pay the $30.00 first filing fee, unless of course you have already paid it.

(4) Serve opposing counsel.

(5) Discuss postponement of the case with counsel. Determine whether he/she intends to argue the PO’s or file an amended complaint. You may be able to agree on a consent order to present to Judge Wettick at his Friday arbitration motions to allow a specified number of days to file a complaint. This is also one way to postpone the hearing date without paying the $10.00 fee.

(6) Present the consent order.

CLT

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Welcome

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.

Pittsburgh Legal Back Talk

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

1410 Posts and Counting

Categories

Born to Tweet!

Every New Day Is a Gift.

Bombing of Dresden Still Debated After 65 Years.

St. Patrick Was the First Great Churchman to Teach that Slavery Was Contrary to the Law of God.

Tiger Woods Emerges Triumphant Only Four Months Later

Zoning: Building Permit Denied for Mt. Lebanon High School Project.

Lawyer Remembered for Returning Phone Calls — 70 Years Ago!

BOB BERNSTEIN, TELL ME SOMETHING INTERESTING ABOUT LEGAL ETHICS AND TECHNOLOGY.

Look Who is Following Posts on Common Pleas Court.

How to File PO’s to an Arbitration Case in Allegheny County Common Pleas Court.

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