Getting All Choked Up In Wisconsin.

No. 640

Just in case you think we play hardball politics here in Pennsylvania, read what goes on in Wisconsin. Yes, this Republican male justice on the Wisconsin Supreme Court really did attempt to choke this Democratic female Justice. I’m not mentioning the names because I think I have succeeded in forgetting them.

Around here we call that judicial misconduct and we have a Board for that. In Wisconsin, they call it political discourse. Takes your breathe away, doesn’t it?

CLT

What the Hell is a Multiverse and Why Do I Care?

No. 639

I can’t seem to get away from that word. But what does it mean?

According to Wikipedia, the multiverse is a “hypothetical set of multiple possible universes (including the historical universe we consistently experience) that together comprise everything that exists: the entirety of space, time, matter and energy as well as the physical laws and constants that surround them.” Well, that was helpful.

This must be a very new idea, right? After all, we haven’t heard too much of this sort of thing until lately, right? Well, not exactly. Wikipedia says the term was coined by William James, the American philosopher and psychologist from Harvard was it?, in 1895. [Not a typo.] But as you read on, you begin to realize that you have heard a lot of this before — like maybe, Plato, Budhha, Douglas Adams?

Enough already! Why do I care?

Well, it appears that there is a blog called Law and the Multiverse written by, written by. Come to think of it, it doesn’t say who writes it.

This blog addresses deep and enduring legal questions you won’t seriously encounter in this universe. For example, when was the last time you read an article on how Rico statutes could be used against supervillain organizations? My point exactly.

After having read some of this bewildering but entertaining stuff , I have discovered that we all carry our own multiverse around in our head. In a flash I can summon a world where I walk off a tall building and live, am eaten by a bengal tiger or anything else I choose. My multiverse, my rules.

CLT

Category: Humor and Satire
Tags: multiverse > William James

Filling a Need: 911FixMyShoes

No. 638

I love small businesses like this. 911FixMyShoes is a shoe care/repair service that comes to you. That is, it comes to you in Washington DC. I found out about this company when it followed me on twitter. I hope it goes viral!

By the way, do you know what a person is called who spreads the word when something goes viral?

A sneezer.

CLT

Category: Twitter
Tags: going viral > sneezer

What Not To Look For When Hiring A Lawyer.

No. 637

Hiring a lawyer is very personal. True, you are looking for a professional to perform a task. But in order to do it, you must establish a relationship. The relationship between a lawyer and client is like no other. It requires a high level of mutual trust, often to be established on the spot. The lawyer you select should be the best available match for you and for the task at hand.

Here is a short list of the wrong things to consider:

1. Law School Prestige. US News and World Report prepares a lot of lists, and one of them is a supposed ranking of law schools. Attendance at a high ranking law school doesn’t guarantee that that lawyer is a good match for you or the task.

2. Law Firm Prestige. You are not hiring a firm, you are hiring a lawyer. Even though their specialty may be appropriate, large firm lawyers are frequently a poor match for specific tasks. For example, their hourly rates may guaranty that the fee will exceed the value of the case. On the other hand, if your case requires a lawyer who is supported by junior lawyers and other staff, a large firm lawyer may be a good match.

3. Award Lists like Super Lawyers or Best Lawyers in America. These “awards” are usually procured by marketing people from larger firms. They make their presence known through plaques and leather bound books found in the waiting rooms of the awardees. Once again, they don’t say anything about whether the lawyer is a good match for you.

4. Internet sites that list lawyers by specialty but give very little additional information. Lawyers pay to be listed on these sites. Being mentioned on such a site doesn’t mean anything.

5. TV advertising. A television ad tells you very little about what a lawyer is like.

So, with all of these negatives, how do you find a lawyer? Here are a few ideas.

1. Ask a lawyer to make a recommendation. Once they hear some of the particulars of a matter, many lawyers know exactly who to recommend. Be sure to ask why the person is being recommended.

2. Look on the AVVO website. AVVO contains a lot of information concerning lawyers who participate. It may also contain answers to questions that attorney has answered.

3. Read blogs and issue-specific information on the internet. By reading a blog written by a lawyer, you can learn a great deal about what that lawyer is like.

Once you have selected a lawyer whom you believe would be a good match for both you and the task at hand, call and introduce yourself. Ask questions. Listen carefully to the answers. It is okay to ask about fees up front. It is also okay to ask how often the lawyer works in the field involved. Let the conversation flow from that point until you are ready to make up your mind. If you are not offered an engagement letter, ask for one. It should contain the terms of the attorney’s employment by you, including how he/she charges and including how to disengage.

CLT

Category: Practice of Law
Tags: AVVO > Best Lawyers in Americ > engagement letter > lawyer blogs > Super Lawyers

Poplawski Goes Quietly.

No. 636

Just when it seemed as though the prosecution was going keep calling witnesses until labor day . . .

CLT

Category: Criminal Law
Tags: Poplawski Trial; death penalty

Poplawski Trial Begins After Two Years.

No. 635

Richard Poplawski in the corridor of the Allegheny County Court House

On a bright Saturday morning, April 4, 2009, Richard Poplawski shot and killed three City of Pittsburgh police officers who responded to a 911 call. Now, over two years later, he is facing trial and the death penalty.

Considering the abundance of evidence, proving the case is not the problem. The problem is making the conviction stick without the case being sent back for a new trial on appeal. That is why the case will be tried before a jury selected in Dauphin County. There is too much at stake for the prosecution and the court to take that chance. And of course, the prosecution seeks not just a conviction for first degree murder, but the death penalty.

The other day, the court considered whether to exclude from the eyes of the jury photographs of brutal carnage. Go beyond the point where the evidence is probative and into the area where it might inflame the passions of the jury and potentially cause is created for the verdict to be set aside.

On one hand, the evidence must rise to the level where the death penalty is appropriate, but on the other hand, it cannot go too far. What is too far? Good question. It is a matter of educated judicial judgment.

Appeals to the Pennsylvania Supreme Court are mandatory in death penalty cases. So we won’t know the final answer until it is supplied by the Supreme Court. As a famous catcher famously stated, its not over until its over.

CLT

Category: Constitutional Law, Criminal Law, Pittsburgh
Tags: Richard Poplawski

FATHER’S DAY 2011

No. 634

Happy Father's Day to everyone.

Category: Pittsburgh Legal Back Talk

Add “That’s Church” to Your Prayer List.

No. 633 Tha's Church Balloon

That’s Church is the most entertaining, if irreverent and often bawdy, publication in Pittsburgh. The title is derived from an expression (which I have never heard used anywhere else) that is supposed to mean “that’s the truth.” I think.

Anyway, the author of That’s Church is the famous “Pittgirl” who has won the hearts and minds of a loyal corps of devotees in this town. Her take-no-prisoners style is fun to read, often hilarious and yes, thought provoking.

I haven’t read this column for a while, but I was planning to add it to my blogroll, in keeping with my increasing emphasis on things Pittsburgh. But I discovered that she is very ill and has suspended writing the blog quite recently for that reason.

Hang in their Pittgirl and get well! We’ll be praying for you in our own churches!

Until then, check out some back issues of That’s Church in the blogroll.

CLT

Category: Blawging, Humor and Satire, Links, Pittsburgh
Tags: Pittgirl

Don’t use Google Scholar, use Google Scholar Advanced Scholar Search.

No. 632

If you’ve been disappointed by Google Scholar for legal research, try the advanced version. It enables you to select jurisdictions, such as Third Circuit and Pennsylvania Courts.

Once you find a case you like, click on the “How Cited” tab.

Of course, there is no statute search, but you may be able to use regular Google for that purpose. In addition, there are no headnotes, so in a large search it may be harder to identify the cases of interest.

And, of course, the price is right.

CLT

Google Scholar Search Screen enables choice of jurisdictions.

Category: Civil Litigation, Constitutional Law, Criminal Law, Family Law, Landlord and Tenant law and litigation, Legal Technology, Personal Productivity, Practice of Law
Tags: legal research

Landlord and Tenant: Multiple Appeals

No. 631

Landlords and Tenants should be aware that not only can a decision by the Magisterial District Judge be appealed to Arbitration, but that the arbitrator’s award can be appealed again to Common Pleas Court. Moreover, either party could request a jury trial. After that, the case could be appealed again to the Superior Court.

At each level the rules of the game become more complex and the trier of the case becomes more unforgiving of the lack of procedural knowledge. Representation by a lawyer is recommended on the arbitration level, since lack of knowledge of the rules of civil procedure and evidence can get you into trouble, as can your lack of experience in presenting your case. While it is possible to win a case without a lawyer before a judge, too many unfamiliar situations are likely to turn up. It is virtually impossible to try a case before a jury without a lawyer. The same is true concerning an appeal to the Superior Court. There is just too much to learn and no time to learn it.

Appeals to arbitration are becoming quite common, in part because tenants facing imminent eviction have nowhere to move. The eviction is postponed so long as the tenant makes rental payments into escrow. But appeals to a judge, once fairly rare, are becoming more common, too. This move can put the landlord in a financial bind, since the expenses (taxes, mortgage) go on, while the revenues stop. When a landlord is experiencing hardship, the Court may grant a release of escrow funds through a motion. Motions involving LT cases seem to be turning up more often, too. Thus, you could have four hearings before the case is over — Magistrate, arbitration, motions and trial before a judge. This involves time and delay, of course, but it will often involve attorneys fees.

Of course, you opponent might drag you all of the way to the Pennsylvania Supreme Court. However, the Court must accept the appeal, something that is becoming increasingly difficult to obtain.

The point is, you must be prepared for a potentially long ride.

Category: Landlord and Tenant law and litigation, Real Estate
Tags: Arbitration > Common Pleas Court > Magisterial District Judge

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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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