There’s a Story Behind This Story

Once long ago I had a thrift client, now extinct, that forgot to send the notice of renewal of its lease to its landlord. In the end, it had to move that branch across the street.

Now, here’s a story that does that one better. You have to feel extra sorry for the poor chap who forgot to pay the taxes on the Wachovia Bank branch in Shoemakersville, PA and then didn’t respond to the tax sale notice.

Truth is, however, lots of people lose properties in tax sales for a whole multitude of reasons. Tax Claim Bureaus have created procedures that minimize the work and the risk for themselves. In the process, they create windfalls and tragedies galore.

CLT

Category: Uncategorized

Back From a Trial

After a week-long trial, I am back on the blog. I know that the pros say to blog every day, but the pros don’t have clients whose whole lives and fortunes are tied up in whether you win in court. What are you supposed to say when you are engaged in a duel to the death and your client notices you took time off from their case to post on your blog?

So, I missed the Sotomayor nomination. Old news, now. Of course, I wouldn’t have had time to read up on it anyway.

Why do we lawyers subject ourselves to the ordeal of trials? Once battle is engaged, there is no time to go to the dentist (there is a crown waiting) or have the car fixed (there was a real danger that next week’s appointment would pass by without being utilized). Clients and others who don’t take calls before 7 AM and after 8 PM get voice mail responses or emails. What a way to live! No wonder so many trial lawyers died of smoking and alcohol-related causes.

CLT

Category: Uncategorized

World Turtle Day: Saturday, May 23.

Posted by Cliff Tuttle
(c) 2009, Cliff Tuttle.

Saturday, May 23 is World Turtle Day. These noble reptiles can be pleasurable pets. Our box turtle is a skilled hunter. He frequently watches television and is especially fond of football. My daughter’s aquatic turtles are always excited to see me when I visit and will dance to their favorite music.

Many species have become endangered and this is a tragic situation. It is worthwhile to pause and take note of such wonderful creatures with whom we share the earth.

CLT

Category: Uncategorized

Great Reads from the Blogroll

Posted by Cliff Tuttle

In case you haven’t clicked on the PLBT blogroll lately . . .

Adams Drafting: “Keep This Stuff Out of Your Contracts.”

AVVO Blog: Here’s something light.

Philly Law Firm Blog: Debt Settlement Firms Investigated in New York.

Gadgeteer: Lawyers take note. Briefcases are so 20th Century! Join the 21st with a Gear Bag.

My Shingle: Charging Clients for on-line legal research.

Nutmeg Lawyer: How to Lose a Client in Ten Days (or something like that.)

Pittsburgh Pop City: A Green Roof for County Office Building.

Category: Uncategorized

Ten Commandments. (No, Not THE Ten Commandments, Just Ten Commandments.)

Posted by Cliff Tuttle
(c) 2009, by Cliff Tuttle. Reprints permitted with credit to author and a link to this blog.

TEN COMMANDMENTS

1. Make every minute count.
2. Close the deal.
3. Get paid.
4. Take care of those who take care of you.
5. Take notes; write memos; write emails.
6. Clean every day for at least one hour.
7. Get an early start on everything of importance.
8. Take time for a good conversation.
9. Eat and sleep well.
10. Take time to think, plan and pray.

CLT

Category: Uncategorized

Disbarment for Lawyers who Recommended “Torture”? Politics Should Not Be Involved.

Posted by Cliff Tuttle

A group of activists have reported high ranking Justice Department officials from the Bush administration to their respective state bar ethics boards. They contend that memoranda written justifying aggressive interrogation methods, including waterboarding, of terror suspects to gain information about terrorist activities constituted violations of legal canons of ethics. The press release, linked above, asserts that the advocacy of practices they deem to be torture by government lawyers constitutes moral turpitude.

The legal profession has long submitted itself to formal ethical rules. Codes of ethics are mandatory upon those who would practice our profession and are in some cases quite severe. Underlying these standards is the overriding principle that a lawyer must serve the interests of clients honorably and faithfully and must deal with adversaries and others in a fair manner. The professional disciplinary process was established to protect the public, not to provide a forum for the opponent of a particular lawyer to obtain retribution for excessive or improper advocacy of a legal cause.

The politicalization of the professional discipline process is never appropriate. If a lawyer feels that he or she must report a potential violation of our profession’s code of ethics, it should be done quietly. It should never be accompanied by press releases and public appeals to support the imposition of sanctions. Until the professional discipline board has ruled, it is wrong for the accuser to make any public statement. The resolution of ethical conduct by lawyers belongs exclusively to professional ethics boards, not the court of public opinion.

CLT

Category: Uncategorized

The Greenbrier is on the Block

Posted by Cliff Tuttle

The Greenbrier, one of the finest resorts in America, was recently purchased by Marriott. Or was it?

Read about it in the West Virginia Business Litigation Blog, added to the blogroll today.

CLT

Category: Uncategorized

New Judge in Wecht Case Holds that Warrants Authorizing Seizure of a Substantial Portion of the Evidence Used at the First Trial are Invalid under the Fourth Amendment.

Posted by Cliff Tuttle

In an Opinion and Order issued this week, United States District Judge Sean J. McLaughlin held that the search warrants authorizing the seizure of boxes of files located at Dr. Cyril Wecht’s private pathology office and a laptop computer used by a secretary who was a County employee allegedly doing Wecht’s private work on County time were invalid under the Fourth Amendment to the United States Constitution. A lengthy trial last year of the famed Pittsburgh forensic pathologist had resulted in a hung jury. An appeal to the Third Circuit lead to the appointment of a new trial judge for the announced second trial. The Third Circuit had hoped to stem the rancor among the parties by requiring a new pair of judicial eyes on the case.

The FBI Agent (Orsini) had detailed information justifying the searches in a memorandum that was not attached to the warrants. Instead, the memorandum was placed under seal to protect the integrity of the government’s case.

Judge McLaughlin ruled that the failure to attach this document to the warrants, or to supply the information in the body of the warrants, caused them to lack the specificity necessary to distinguish the file boxes or computer data to be seized from irrelevant boxes of documents or computer files. This would have the effect of permitting the officers executing the search to rummage through other information and turn up evidence that may not have been authorized for seizure under the warrant.

This ruling was made in response to a motion for reconsideration of various decisions by Judge Arthur Schwab, who conducted the first trial. Under the Rule of the Case doctrine, a second trial judge would not ordinarily reconsider issues decided by the first judge. However, it is within the power of a second judge to revisit issues previously argued when it is necessary, among other things, to avoid a manifest injustice. Judge Mc Laughlin declined to rule on numerous other issues raised by the defense for reconsideration, stating that the rulings announced were dispositive of the case and nothing further need be decided.

It is widely predicted that this prosecution will be quietly dropped, since key evidence for the surviving charges has been suppressed. It seems likely that, if the case is to proceed, an interlocatory appeal to the Third Circuit would be necessary. The Solicitor General would be required to approve such an appeal or any further prosecution of the case.

CLT

Category: Uncategorized

How Sophisticated People With Good Incomes Became Trapped in the Mortgage Meltdown.

Posted by Cliff Tuttle

This article in the New York Times is worth reading if you have wondered how people with the knowledge, credit and funds to avoid the subprime mortgages became ensnared by them.

Unfortunately, the author, Edmund L. Andrews, who is a NYT financial writer, tells us how he got into the mess, but doesn’t reveal a strategy for getting out. Perhaps his book, “Busted, Life Inside the Great Mortgage Meltdown”, to be published next month by W. W. Norton, will provide suggestions to others who are coping with the same problem.

CLT

Category: Uncategorized

Pittsburgh Legal Newslog: Dennis Herrington, legendary Pittsburgh Trial Lawyer

Posted by Cliff Tuttle

Dennis Herrington, one of the best-known trial lawyers in Pittsburgh, passed away on Saturday night. As reported by the Tribune Review, his son Kerry, who was the Proprietor of Tessaro’s Restaurant in Bloomfield, die yesterday.

CLT

Category: Uncategorized

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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.

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There’s a Story Behind This Story

Back From a Trial

World Turtle Day: Saturday, May 23.

Great Reads from the Blogroll

Ten Commandments. (No, Not THE Ten Commandments, Just Ten Commandments.)

Disbarment for Lawyers who Recommended “Torture”? Politics Should Not Be Involved.

The Greenbrier is on the Block

New Judge in Wecht Case Holds that Warrants Authorizing Seizure of a Substantial Portion of the Evidence Used at the First Trial are Invalid under the Fourth Amendment.

How Sophisticated People With Good Incomes Became Trapped in the Mortgage Meltdown.

Pittsburgh Legal Newslog: Dennis Herrington, legendary Pittsburgh Trial Lawyer

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