Pittsburgh Legal Back Talk

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

1410 Posts and Counting

Hot Practice Areas for Lawyers in a Recession

Posted by Cliff Tuttle| April 16, 2009 | © 2026

Posted by Cliff Tuttle

In case you are a lawyer wondering how to keep your practice going during a recession, here’s some ideas from the Pennsylvania Bar Institute. They’ll even sell you the instruction book.

CLT

Category: Uncategorized

Mediation Conferences in Mortgage Foreclosures are Beginning in Allegheny County.

Posted by Cliff Tuttle| April 16, 2009 | © 2026

Posted by Cliff Tuttle

The first mediation conferences under the Allegheny County Court of Common Pleas pre-foreclosure program were scheduled to begin last week, although some were postponed due to court closings for the memorial service for the three slain police officers. Judge McCarthy was scheduled to hold conferences in the morning and Judge James in the afternoon. The conferences, according to a report from an attorney involved in numerous cases, are to be held in chambers, not in open court.

CLT

Category: Uncategorized

A Fair Trial for Poplawski. Back Talk Requested.

Posted by Cliff Tuttle| April 16, 2009 | © 2026

Posted by Cliff Tuttle

Allegheny County Common Pleas Judge Jeffery Manning imposed a “partial gag order” upon people involved in the trial of Richard Poplawski. While they are not prohibited from all speech, they cannot make statements that will have a substantial likelihood of affecting the legal process.

Meanwhile, Governor Rendell, in remarks advocating new gun control legislation to ban assault weapons like the AK-47 recovered from the scene of the Poplawski standoff with police and making it a point of not commenting on whether the prosecutors should seek the death penalty, stated: “I would sign that death warrant without a moment’s thought,” according to a report in the Pittsburgh Post Gazette.

Now, Judge Manning doesn’t have the power to order the Governor not to discuss the Poplawski case, and he didn’t attempt to do so. However, Assistant Public Defender Lisa G. Middleman quickly protested that the Governor’s comment was exactly the kind of out of court statement that threatens the ability of our judicial system to give her client a fair trial.

Perhaps. But the trial won’t be happening for a while and whatever impact such a statement might have had on the eve of trial will not be present six months from today. There is no way that public comment of this kind is going to stop, gag order or no gag order. There have been other cases in recent times that have attracted equal publicity and courts have managed to pick juries composed of people who pledged to consider only the evidence presented at trial and convict only if the evidence presented indicated guilt beyond a reasonable doubt. There are a number of well-tried ways (aside from gag orders) for courts to address pretrial publicity. If the courts utilize these protections, and there is no reason to think otherwise, Poplawski will have a fair trial and any conviction will be affirmed on appeal.

Others may say that the unique circumstances of the crimes, the massive publicity and the outpouring of sympathy for the three officers and their families will make it impossible for a fair trial to happen anywhere at any any time. This assumes that individual jurors cannot overcome exposure to publicity in such an emotionally charged case. This is a question every potential juror must answer for himself or herself. Could you render a verdict in such a case without being influenced by these factors? Would you be afraid of the consequences of voting for acquittal if you thought the evidence for conviction did not sufficient, beyond a reasonable doubt?

Back Talk Requested.

CLT

Category: Uncategorized

Does Jones Day Have the Secret to Thriving in a Weak Economy?

Posted by Cliff Tuttle| April 16, 2009 | © 2026

Posted by Cliff Tuttle

In an article appearing in the Pittsburgh Business Times, Jones Day’s Pittsburgh Managing Partner, Laura Ellsworth, claims that a culture of client service sets that firm apart and is responsible for its not following the downsizing trend prevalent in other large law firms. Of course, the other firms, the ones that are downsizing, say they emphasize client service, too.

So, what is client service? And how do you make it part of your culture? Ellsworth says it is a matter of choice. But what do you choose?

Some of us know the concept by another name: “professionalism.” Ellsworth sums up professionalism by saying that you think about the client’s interest, not your own. What does that mean?

A true professional does not flinch from promoting the client’s interests even when they conflict with those of the lawyer. That means settling the case that ought to be settled before the lawyer has a chance to earn a decent fee. It involves referring a client to another lawyer when the expertise of the second lawyer better fits the task at hand. It requires telling the brutal, honest truth that just might end up getting the lawyer fired. All this doesn’t sound like the best way to grow your law practice. But maybe, while you are paying close attention to your client’s business, you might just earn a modicum of credibility, respect and even trust.

Jones Day may well have developed an exemplary culture of client service. If so, don’t praise the firm, praise the lawyers in it. That’s the key. Only individual lawyers, not organizations, can earn respect and trust as professionals. The leadership that made success possible was exercised by individuals. The choices the built a great law firm were made one-at-a-time, by individuals. And no group of lawyers, no matter how successful, can ever hope to corner the market on professionalism.

CLT

Category: Uncategorized

Pittsburgh Tea Party Draws a Respectable Crowd. What Next?

Posted by Cliff Tuttle| April 15, 2009 | © 2026

Posted by Cliff Tuttle

The Pittsburgh version of the April 15th Tea Party drew thousands, according to the Wall Street Journal bloggers. The national media event seemed to preoccupy the news channels during the day with many clips of predictable interviews. What it signified was that there is a substantial and vocal opposition to TARP and other rescue/stimulus programs that was evident in polls but has been slow to get organized. This may be just a blow-off-steam media event or the first step in a political movement to take back the Congress and the White House. The next test will be whether leaders emerge. Patrick Toomey, who just announced his much expected rematch for the Republican nomination against Senator Spector, would like to be one of those leaders.

What do you think will happen? Back Talk Requested.

CLT

Category: Uncategorized

The Anonymous Lawyer Rides Again!

Posted by Cliff Tuttle| April 15, 2009 | © 2026

Posted by Cliff Tuttle

It was only a matter of time. When the Anonymous Lawyer signed off last March with a bad case of writers block, I knew that he would be back again. I checked in regularly, always to see that last post, dated March 1, 2008. The site never went dark, so it was only a matter of time.

The Anonymous Lawyer was/is the fictional (thank God) hiring partner of a fictional biglaw firm. He gleefully exploits and tortures young associates of the firm. He once ran one of them over in the parking garage while in a hurry to attend a deposition, but he didn’t stop because it was more important to make it to the deposition. Yet, as John Milton has demonstrated, Satan himself can be endearing.

And so, without warning, a post appeared on April 13 and another on April 14. Two robins do not make a spring, but we can hope. There may be a shortage of work at the Anonymous Law Firm, but there is no shortage of material.

Welcome back.

CLT

Category: Uncategorized

Althouse Does it Again!

Posted by Cliff Tuttle| April 15, 2009 | © 2026

Posted by Cliff Tuttle

That 4 word (including headline) post on Easter Sunday afternoon ,

“Pirates Defeated” ….
“Captain rescued”

on Sunday has now drawn over 300 comments on Tuesday evening. On Monday (yesterday) she posted two words:

“Franken ….
……wins.”

That one is good for 69 comments so far.

Notwithstanding, I’m not putting Althouse on my blogroll. Not yet.

She doesn’t need my help getting readers.

CLT

Category: Uncategorized

Home Improvement Contractors — Register with Pa. Atty General before July 1.

Posted by Cliff Tuttle| April 15, 2009 | © 2026

Posted by Cliff Tuttle

If you are in the home improvement business, contact the Pennsylvania Attorney General’s Office to register before the end of June. It can be done on line in a few minutes if you click here and follow the prompts. You’ll receive a number which you must use so that members of the public can find you through the Attorney General’s Office. No kidding. There will be penalties if you don’t obtain a number and more penalties if you do not use the number.

CLT

Category: Uncategorized

Althouse Powerhouse!

Posted by Cliff Tuttle| April 13, 2009 | © 2026

Posted by Cliff Tuttle

Legal blogger Ann Althouse put up a four word post at about 2:30 PM on Easter Sunday. She has received about 72 comment by 11 PM.

The headline said: “Pirates defeated.”

At first, I thought she was talking about the Pittsburgh Pirates. Then I saw the text, “Captain freed.”

Althouse, who is a law professor at the University of Wisconsin, has a blog rated number two in readership on the AVVO law blog list. You can see why. The blog was begun in 2004, which makes it pretty old by blogging standards.

CLT

Category: Uncategorized

Another Blog Worth Reading: “Musings of a Philadelphia Law Firm.”

Posted by Cliff Tuttle| April 12, 2009 | © 2026

Posted by Cliff Tuttle

I’ve added “Musings of a Philadelphia Law Firm” to the blogroll. Adding “Musings” to the Blogroll is in keeping with my mission (one of several) of providing a ready source of consumer law information to lawyers and non-lawyers, with a Pennsylvania law perspective. This is the most recent in a select group of Pennsylvania-based blogs to be added to the Blogroll. I’ve passed over quite a few because they don’t meet my criteria. I am looking for blogs that are informative, professional and interesting. They don’t have to be strictly about law, Pittsburgh or Pennsylvania. It would be helpful to fit the theme of my blog in some way — but I’ll waive that for the exceptionally interesting. I’ve rejected candidates that have failed one or more of these tests. Some blogs may be of interest to lawyers only, that’s okay. Some may be too basic for lawyers but be of value to consumers, that’s okay, too. It is also okay to be opinionated and even to disagree with me.

But it is not okay to bore me to death. Its not okay to have an attitude that doesn’t quit. Its not okay to use course language or to indulge in personal attacks or libel. And it is not okay to flaunt a lack basic skills in composition and grammar.

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.

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