Its Still a Predatory World.

No. No. 1,464

Image: antifraudnews.com

One constant reminder that there are bad people out there is the continuous barrage of malware-bearing emails we receive. Over time they have become more and more sophisticated. They used to be easy to spot due to misspelling, failure to observe grammar fundamentals, lack of content and other indicators that the author had not worked too hard on the scammy email. But today, unfortunately, the bad guys are getting better. So much so, that it is more difficult to identify legit communications, even from those you think you know.

One popular tactic is the phony bill. It is an invoice from a company you know for something you probably wouldn’t want and definitely didn’t get. If you want to cancel, of course, there is a convenient link. Don’t click it.

I get inquiries through AVVO from people who supposedly want a lawyer. Up to now, the fakers have been easy to spot, but they are getting better all the time. Many of them are masquerading as companies or banks from a place like Hong Kong,looking for a random lawyer to review a contract or collect a debt “in your area.” Bogus. But it is only a matter of time before they learn to more convincingly ape legit inquiries.The key, of course, is to never click a link that the inquirer himself provides in a message. Don’t do it ever, even if the inquiry appears to be safe. Only use AVVO’s link to reply. And of course, don’t even reply to the clearly feloneous ones.

And then there’s the telephone. I get loads of phony phone calls. Once upon a time, if a charity like the Disabled Vets called it was probably the Disabled Vets. Now, its probably some scammer and you should always hang up. I get several calls per week claiming to be Google, some recorded, some live, stating that I am about to lose my free listing (I don’t have one) or some variation of that theme. They have various creative caller-id’s, including, frequently, my own area code. While legitimate callers are deterred by do not call lists, these guys are not. Gresham’s law. Bad coins eventually drive out the good.

And then there are the in-person scammers, like the supposed employees of utilities that are trying to get access to your house. The nice pleasant kid I encountered yesterday had one of those plastic ID cards hanging around his collar. I didn’t give him any information and quickly called the police. Then I called the utility.

I told the automated voice that I was calling about potential fraud. At first, I thought I was getting their attention. But then, they put me on hold and said that my waiting time was 20 minutes. Yes, they tell you in their commercials to call to verify the identity of service people coming to your house and then they put you on a long, long hold. No wonder door-to-door scamming is a growing enterprise. And then they have the audacity to blame it on those gullible old people.

Was it always like this? Yes, perhaps, but it is getting worse. Technology is making fraud a growing industry.

CLT

“It Was a Cold Bright Day in April and the Clocks Were Striking Thirteen.”

No. 1,463

The first words of Orwell’s great masterpiece, “1984”.

It could have been a day like today, also cold, bright and in April.

Image: interesting literature.com

I’ve often thought that this book played a decisive role in shaping post-WWII Western society. We didn’t want to live in that World and we didn’t want to be Winston Smith. And so it didn’t happen.

Or did it?

Is Big Brother watching us this cold bright day in April?

Instead of watching us through the television, Big Brother watches us as we navigate the internet. Once it was a chilling thought, but we’ve gradually gotten used to it. So what if Google knows what I search for on the internet? So what if Facebook knows what I tell my friends? So what if I am constantly besieged with suggestions from Amazon regarding my next purchase? I don’t have to buy anything. What makes them think they can get in my mind and sell me something I wouldn’t buy anyway?

After all, I don’t pay anything for access to the World Wide Web. Nothing except a certain modicum of privacy. And what’s that worth? There’s nothing particularly salacious about my life. They can pry all they want.

And then the moment of truth arrives. Those political ads were tailored to preferences I expressed by my keystrokes. Maybe it didn’t make any difference. Maybe it didn’t change my thinking. After all, I think for myself, right?

And its not just Google that knows all this information. It ends up in the hands of all kinds of people — some of whom we know, while others are strangers. What should we do now? Is it too late?

And so, it turns out that we’ve all been taken out to a free lunch. But we paid the tab after all because our lunch partner turned out to be in the data mining business. Don’t look so surprised. You enjoyed the lunch, didn’t you?

We began with the firsts words of 1984. So here’s the last sentence: “He loved Big Brother.”

CLT

Category: Cyber security, Life on the Internet

Loneliness of the Long Distance Lawyer

No. 1,462

Are you surprised that, as reported in the ABA Journal, lawyers lead all categories of workers in feeling lonely?

Image: coachingforleaders.com

Yes, most of us experience long periods in front of computer screens, drafting pleadings, briefs and the like. But in a law firm there should be many other opportunities for collegiality. Yet the feelings continue. It appears that depression may not be cured by social contact alone. You can truly feel lonely at a party. Interaction, even with trusted colleagues, can seem superficial, especially if all you talk about is work. Stopping at the bar after a hard day can help, but only temporarily. No wonder lawyers have a high rate of alcoholism, too.

Lawyers have a high divorce rate. Coming home to an empty house can be pretty bad. The silence brings it all back. Too much time to think, too many reminders, lots of regret.

Even in functioning marriages, there can be distance between partners. Wives of lawyers may not be even slightly interested in his work, especially if it is perceived to be a grind. I have observed that non-lawyer husbands often offer even less emotional support to their lawyer wives. They are busy in their own world and not observant enough to pitch in when home-work conflicts are weighing her down.

On top of all that, a large number of lawyers are unhappy in their work but feel trapped. None of us really understood what we signed up for when we entered law school and for some, it has turned out to be a bad experience. But now, loaded with school debt and unsure about whether another career path is possible, they just slog on.

After all of this, I hope you aren’t feeling too depressed. I am fortunate to enjoy my work immensely. But I can still have compassion for friends who don’t. For the most part, they usually won’t tell you that their job is dragging them down. But if you listen, you can hear it. And even if you get a surge of dopamine from dealing with daily stress, you can recognize the common dilemma that weighs on all of us. We are, after all, in the business of solving other people’s problems.

JOKE:

After being in Hell for a few months, Joe noticed a guy who always laughed and had a big smile on his face. Eventually, he thought, maybe this guy has a secret that he can share with me, so I can smile again, too.

“Why are you always smiling?” Joe asked the man.

“Good question,” he replied. ” I used to be an associate at a large law firm.”

CLT

Category: Civility and Courtesy in the Practice of Law., Practice of Law, Winners and Losers
Tags: depression and loneliness > unhappy lawyers

Briggs v Southwestern Energy Production Company; Superior Court Addresses Rule of Capture in Light of Fracking Technology

No. 1,461

BRIGGS V. SOUTHWESTERN ENERGY PRODUCTION COMPANY, 2018 PA Super. 79 (2018)

Southwestern was operating two gas wells on land adjacent to the Briggs families’ 11.07 acres. The Briggs argue that the use of hydro fracking by Southwestern robs them of their gas because the fracking process propels fluid and fracking materials across property lines to create fissures in the gas horizon that drain their gas while trespassing on their land. Southwestern defends on the grounds that the Rule of Capture bars recovery by the Appellants.

The Rule of Capture states that oil and gas is a fugitive substance and that a well on my land can capture gas that migrates from your land without paying a royalty.

The trial court had granted summary Judgment to Southwestern, citing the Rule of Capture. After examining Pennsylvania law on the Rule of Capture and two cases from other jurisdictions, the Superior Court held:

“In light of the distinctions between hydraulic fracturing and conventional gas drilling, we conclude that the rule of capture does not preclude liability for trespass due to hydraulic fracturing. Therefore, hydraulic fracturing may constitute an actionable trespass where subsurface fractures, fracturing fluid and proppant cross boundary lines and extend into the subsurface estate of an adjoining property for which the operator does not have a mineral lease, resulting in the extraction of natural gas from beneath the adjoining landowner’s property.

In the instant case, it is unclear from the record before us10 whether Southwestern’s hydraulic fracturing operations resulted in a subsurface trespass to Appellants’ property. There does not appear to be any evidence, or even an estimate, as to how far the subsurface fractures extend from each of the wellbore on Southwestern’s lease. However, we conclude that Appellants’ allegations are sufficient to raise an issue as to whether there has been a trespass, and thus, the entry of summary judgment . . .”

Although some commentators have stated that the Court has overruled the lRule of Capture, it is more likely that it proposed a factual distinction when fracking fluid and material actually invades the adjoining property. By sending the case back to the trial court for fact finding, this case seems to insure that the final will be given by the Supreme Court on some other day and perhaps in some other case.

CLT

Category: fracking, Oil and Gas
Tags: fracking > fracking fluids > Rule of Capture

Two Lawyers Walked into a Bar . . .

No. 1,460

They had just finished trying a brutal case against each other. The bartender said to the first one, “What do you do?

“I’m a lawyer.”

“I hate lawyers,” the bartender said. “My ex-wife’s lawyer ruined my life.”

Then he turned to the other lawyer and said: “what do you do?”

“I’m this guy’s sworn enemy.”

“Then why are you drinking with him?”

“I was planning to get him drunk and then rob him. But now you’ve ruined my plan.”

Category: Pittsburgh Legal Back Talk

Statuary of a Historic Court House

No. 1,459

On this 50th Anniversary of the Assassination of Martin Luther King, we visit the Old St. Louis County Court House (no longer in use as a court house) where the Dred Scott case was tried. Both the original trial and the appeal to the Missouri Supreme Court occurred in this building. The statue in the pool in front is of a runner. A statue of Dred Scott and his wife was erected on the grounds in 2012. The St. Louis Arch is seen in the background.

Category: Courthouse Scenes
Tags: Deed Scott Case

Getting Paid With Opportunity.

No. 1,458

Image: trentalange.com

The Post Gazette ran a story today about trial attorney turnover in the Allegheny County District Attorney’s Office. Don’t bother reading it. I’ll give you the gist in about 30 seconds.

The DA has about 27% annual turnover. Their junior trial attorneys get paid in the 40’s. They work for a few years and then leave for more money. This has been going on since the beginning of time. However, Judges say this phenomenon hasn’t hurt the quality of the trial work.

The author of this piece was a newspaper reporter, not a lawyer. She put it together in a workmanlike manner. (This term cannot be feminized) While she reported that young DA’s come away with a lot of experience, she didn’t appear to get what that means.

Many of the best trial lawyers in this town worked for the District Attorney’s office. This is no coincidence. They spent the whole day in a courtroom. Files are thrown at them. Everything is on a deadline. They often talked to the police officers, usually their primary witnesses, minutes before the trial. And often, they must stand up and start talking with hardly any preparation. But this is more than a debating contest. The prosecution has the burden of proof and everything is on the record. Decisions are made in seconds. Meanwhile, there is a judge and one or more defense counsel carping at your heels.

Trial lawyer’s are the legal equivalent of surgeons. The DA’s Office is the equivalent of a teaching hospital like UPMC, with intensive programs to train each new generation of practitioners. Who lets a brand new doctor perform surgery? UPMC does. Who lets a brand new lawyer try cases? The DA does.

So tell me again how these kids are not being paid well? They are paid with the currency of opportunity. Its a great deal.

CLT

Category: Lawyering
Tags: District Attorney

The Power of Hustle.

No.1,457

Last evening in Detroit, in the longest, highest scoring opening day game in Pirate history, Gregory Polanco hit a three run homer in the thirteenth inning to break the 10-10 tie and win the game. During Spring Training, the Pirate broadcasters observed that Polanco, who had a disappointing last season, was really hustling. Good. But I’d like to see some more of that before drawing conclusions.

Yesterday holds hope, but it was, of course only one game in 160. In many respects, it was an ugly game. Both sides gave up a lot of runs on some irregular pitching. But in other ways, it was a beautiful one. Lots of hitting, lots of runs scored. Not beautiful just for the win, but for sustaining effort after everybody was tired and cold. If the Pirates were lucky, lets see if they can make some more of it.

Nobody’s picking the Pirates to do anything this year. What an opportunity for a surprise attack!

CLT

Category: News Commentary, Pittsburgh
Tags: opening day > Pittsburgh Pirates > surprise attack

Seattle Ordinance Requiring Acceptance of First Qualified Tenant Struck Down By Court

No. 1,456

A judge in Seattle struck down the city ordinance requiring a landlord to accept the first qualified tenant, involving a legal theory known as the “implicit bias rule.”

The court recognized that dealings between a landlord and tenant involve a long-term contractual relationship. A variety of non-discriminatory factors may enter into the decision-making process on both sides. Here is a statement the attorneys for the landlords in that case released on Twitter.

PLBT reported the filing of the case in December 2017 against the ordinance in Post No. 1,379.

CLT

Category: Landlord and Tenant law and litigation
Tags: implicit bias rule

Life and work in the iworld, its a Double-brainer.

No. 1,455

Distractions coming from many directions are keeping us from concentrating while we work. We give immediate attention to email. It takes too much will power to ignore an incoming cell phone call. After all, it might actually be more important (or interesting) than the task before you.

Back in the old days, we lawyers had secretaries. Secretaries answered the phone. They talked to the caller and either put the call through immediately or arranged an appropriate call-back time. It was a simple solution to a simple problem.

We didn’t have email then. The paper mail came in the morning and there it was all day.

When faxing burst on the scene, the situation was still more or less under control. Unless the machine was located close to your desk, it usually didn’t command your immediate attention.

Admit it: most of the time, we welcome this electronic interruption. But like the sorcerer’s apprentice, we don’t know the magic words to stop the broomstick from bringing water. Yes, we can turn it off completely, but we don’t want to do that.

So, here’s a plan for the next time you need to concentrate without interruption. Turn off the email on your desk top computer. Then hand your phone to somebody else with instructions to let you know about any email, call or text message that requires your immediate attention.

We’re not quite back to the receptionist screening calls, but at least your brain can focus on work. Your phone, email, text messages and even the fax are covered. That job belongs to somebody else’s brain.

Living in the iworld, you need two brains if one of them is to focus. Since we are (for now and the foreseeable future) issued only one, we must recruit another person with available brain power to assist.

The same goes for driving. Give your phone to a passenger. Focus on driving the car; just driving. Then, you will be ready to hit the brake in an emergency. You can think about where you want to go. If you have ever missed a turn while talking on the phone, you know what I am talking about.

The two brain approach can be applied in other situations where electronics are not the issue. When making a presentation, questioning a witness, having a telephone conference or doing anything that requires talking, it is very helpful to have another brain along to listen.

A careful listener can provide you with useful feedback. That brain will be located on the other side of the room, sharing the perspective of the audience. Brain No. 2 can also take notes, observe people’s reactions, overhear conversations not meant for you, find out people’s names and collect all manner of information.

Yes, two brains are better. Now, go focus.

CLT

NOTE: I didn’t coin the word “iworld.” Apple has a tech newsletter called iWorld.com. There is also a line of tech products with that trade name. Too bad. Its a great word and new enough that Microsoft Word autocorrects it.

Category: Life on the Internet

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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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