Employment Is Only One Part Of The Problem.

No. 710

The President’s Plan, announced on Wednesday night, would most likely boost employment, at least for a while. But jobs created through government incentives won’t last unless there is a market for the goods and services they produce. And therein resides the catch. Employment is only one variable in a larger equation. If we ignore the big picture, the flowers we plant today will probably die for lack of adequate watering.

When certain goods and services require a smaller portion of a consumer’s funds, there is money left over to buy something else. Our standard of living has increased substantially during the Twentieth Century and the past decade because the real cost of food, shelter and most of what we buy has decreased. That comes about through productivity. That means, in part, that labor costs go down.

That is why the drive to “preserve good jobs” is counterproductive in the long run. Despite our best efforts to preserve a sinecure, the market eventually finds a way to get around it.

The Atlantic recently contained an article that addresses this issue with great clarity. For some time, the cost of energy, education and health care have been rising rapidly. For the moment, health care increases have slowed, but this may be temporary. Nevertheless, even these negative trends could be be brought under control in the long term through technology.

The charts in this article are very illuminating. It is worth noting that the second chart (reproduced below) shows that the cost to consumers of professional fees is actually decreasing. This is due in great measure to increased competition, but there are other factors involved. Technology has reduced many of the costs of practicing law. Since the mass introduction of personal computers in the 1980’s, the need for legal secretaries, telephone receptionists, couriers and other assistants has been steadily declining. [The streets of downtown Pittsburgh are much safer today without bicycling couriers weaving through traffic and running red lights.] The trend toward home offices among sole practitioners, with obvious cost reductions, has also accelerated during this same period. And the internet has enable clients to shop for lawyers with the skills and expertise they need at fees they can afford.

CLT

Category: News Commentary
Tags: productivity

Recovering Your Stolen Laptop — How its Done.

No. 708

This linked article from Lifehacker is worth reading for anyone who carries around a laptop, iMac or other expensive electronics. The author tells how he discovered the whereabouts and even the identity of thief through free, open source software known as Prey.

For lawyers, who carry around a lot of client information, Prey, or something like it, seems to be an imperative. In the comments it is suggested that you have a password protected section for confidential information and another section that is not protected. Read the article and learn why.

CLT

Category: Legal Technology
Tags: Prey

Bolton Not to Run for President.

No. 708

Not to be President.

Former UN Ambassador John Bolton and Fox News commentator announced on Fox News tonight that he would not be running for President. Interestingly, no one in the United States thought he might be.

Former Governor Huckabee, who has a regular show on Fox News, also announced that he would not be running. Who will be the next Fox commentator to make a Presidential announcement? Former Governor Palin? Bill O’Reilly?

CLT

Category: News Commentary

Landlord – Tenant: The Possession Game.

No. 707

As we have noted before, the primary battle between landlords and tenants is frequently over possession, not money. For the landlord, this is particularly true when the tenant is known to have no surplus funds.

From the tenant’s point of view, if the magistrate’s award is not appealed, the eviction comes too soon to find another place. Ten days after the hearing, plus one, judgment is rendered. Ten days plus one later, an eviction could be scheduled. The primary reason why tenants appeal is to prevent the day of eviction from coming too quickly.

But, of course, filing an appeal involves paying rent into escrow with the Department of Court Records in Allegheny County or the Prothonotary every place else. The arbitration will be scheduled in about 45 days, and by that time the tenant has often moved.

However, if not, the landlord may be facing serious delay. First there is a 30 day appeal period. Then, if the case is appealed to a judge, the wait can be as much as several more months.

From the landlord’s point of view, it may be possible to cut short this delay by keeping an eye on the docket. If the tenant fails to make payment into the escrow account, the landlord may terminate the writ of supersedeas, the document the keeps the landlord from evicting the tenant while the case continues. However, a specially-written notice must be sent to the tenant (and a certificate of mailing must be obtained from the post office) giving ten days for the payments to be brought current.

After the ten days expires, a praecipe to terminate supersedeas may be filed. The Department of Court Records will then hand the landlord a certificate verifying that the writ of supersedeas has been terminated. When the landlord takes this certificate to the Magisterial District Judge,a writ of possession can be issued and served by the constable.

Meanwhile, the hearing on the appeal involving rent, damages and other money issues may come up and be decided.

If all this seems a little complex, find a lawyer who is familiar with landlord-tenant litigation.

CLT

Category: Landlord and Tenant law and litigation
Tags: eviction > writ of possession > writ of supersedeas

Labor Day 2011

No. 706

Here they come! Pittsburgh's Labor Day Parade.

Pittsburgh claims to have the largest Labor Day Parade in the nation. Perhaps, but the demise of the steel industry has helped drive the long decline of organized labor as a political and economic force in this region. The parade may be big, but the membership continues to shrink.

A handful of Republican politicians have been publicly disinvited to the parade. These include the Commonwealth’s sitting Governor and Junior Senator, neither of whom are running for re-election any time soon. The clear message is that labor expects to receive nothing from the two most powerful politicians in Pennsylvania. Sen. Toomey, as you may remember, is a member of the Super Committee and thus, for the moment, one of the most powerful people in America.

Still, the sleeping giant appears to be reawakening. The leading example is in Wisconsin, where crisis has galvanized labor once again into a potent political force.

CLT

Category: News Commentary, Pittsburgh
Tags: Labor Day Parade > Toomey

Terror Alert: Watch Out for the Credit Card Knife!

No. 705

Thanks to the Gadgeteer for bringing the credit card knife to our attention. It takes only a few seconds to assemble, so if you see someone folding a credit card you have only a few seconds to do something about it. By knowing in advance what a credit card knife looks like, you just might gain a fighting chance.

CLT

Category: Post September 11

Facts Learned While Playing Trivial Pursuit.

No. 704

– The opposite of misogynist is misandrist — hater of men.

– The New York Yankees were once known as the Highlanders early in the 20th Century.

– The first major league baseball team to post 10,000 losses was not the Pittsburgh Pirates. It was the Philadelphia Phillies.

– The first underground railway was built in England.

– Prime Minister Tony Blair was nick-named Bambi.

– The nun who became famous leading televised tours of art museums around the world was named Sister Wendy.

And one learned during “From the Top” on NPR: Chopin requested that his heart be cut out after he died, since he was afraid of waking up while being buried alive.

CLT

Category: Pittsburgh Legal Back Talk
Tags: Bambi > Chopin > Highlanders > misandrist > Philadelphia Phillies > Sister Wendy

Creating Jobs 2011: A Modest Proposal.

No. 703

Everybody is talking about creating jobs. The President is going to make a major speech on the subject, which will be over in time for Thursday Night Football. I’m here to tell you that we are already creating jobs at a furious pace. What does an American do when he gets extra money? He buys something and stimulates the economy. The world economy, that is. Because he probably buys a bigger TV. And as we all know, it is almost certainly made in China.

Of course he stimulates the world economy! Because that’s the only economy there is. This is the 21st Century and the rules have changed. Americans don’t make those big, big TV’s. Nor could we. We want the biggest TV for the smallest amount of money and that means Made in China.

However, in the event that you actually want to stimulate the American economy only, here’s an idea. Sue people. Although there has been talk of offshoring legal work to India, the truth is that that doesn’t work. Those guys are schooled in English Law, don’t understand our culture and can’t appear in American courts anyway. When it comes to the American legal system, Americans have the corner on the job market.

Lawyers are consumers, too, you know. They buy stuff. And some of it might, by accident, be made in America.

CLT

Category: Humor and Satire, News Commentary

Commonwealth v. Orie, Round Two.

No. 702

Please be aware that the Commonwealth has the burden of proof with regard to the new criminal charges, as it does in every criminal case. Don’t underestimate how heavy that burden can be. Assume, in the words of Judge Manning, that Ray Charles (and everybody else) can see that certain documents are forgeries in the sense that they clearly contain cut and paste signatures. Who, then, personally committed the forgery?

A telling fact is that the DA’s spokesman stated that the decision has not been made which Orie underlings to prosecute.The prosecution’s case is built upon the testimony of Orie assistants who are bargaining for clemency. Will their testimony against Orie be credible? Will it be enough to convict beyond a reasonable doubt?

CLT

Category: Criminal Law, Oriegate

Remembering the Heroes of Shanksville.

No 701

Category: The continuing American Revolution

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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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