There are various ways to pay your lawyer, and this video is simply an introduction to the topic. Knowing your options and understanding the reasoning behind fee alternatives can help you work with your lawyer in finding the best solution for your case.
Law Basics: Paying for Legal Representation
April 16th, 2010
The Ripple of the Radical Sabbatical
April 4th, 2010
On April 1, 2005, I shut down my law practice for a one year sabbatical. And in one of the best received columns I’ve published, I wrote about my decision in a piece titled Laying Down the Law. The radical thought of taking a break from my law practice had seemed to come out of thin air (although the notion may have come from a Jack Johnson song). Nevertheless, the idea quickly seized me. And with a wife who was all game, it quickly became set in stone.
Quotable Holmes: Lawyer as Prophet
March 21st, 2010
Oliver Wendell Holmes, Jr. played an important part in the evolution of our constitutional law as well as the philosophical underpinnings of American jurisprudence. Before he began his tenure on the Massachusetts Supreme Court or his 30 years on the U.S. Supreme Court, Holmes wrote The Common Law, which traced the evolution of the common law dating back to the middle ages. The famous quote “The life of the law has not been logic; it has been experience,” can be said to be the basis for pragmatic jurisprudence. The treatise established Holmes as a thought leader in post civil war America and to this day he influences other influencers, not the least of whom is Judge Richard Posner.
In 1897, the Harvard Law Review published the influential essay, The Path of Law, which further elaborated Holmes pragmatic view of law. I was reading it again the other night and wanted to introduce some quotes to the readers of this blog. So, according to Holmes, what is the practice of law? It is prophecy: Knowing enough to predict what judges (and juries) will do.
When Neglect Does Not Add Up: Nursing Home Understaffing
March 16th, 2010Staffing in a nursing home is a matter of math. Do the math to add up the profits for understaffing. Do the math to subtract the costs to those who are injured. Math will tell you whether there are enough minutes in the day. In my opinion, a jury is a variable to plug into the mathematical equation of understaffing to make sure that providing bad care does not pay. Read the rest of this entry »
Lights, Camera, Law Practice: A Video Introduction
March 11th, 2010I love the opportunities that technology offers the consumers of professional services. As it relates to law, technology allows people to gather information about their legal rights, make an informed decision about whether to seek legal advice, and compare and contrast lawyers through the online presence of each. However, there are some things that the written word and still photos on a website cannot communicate. Video contains a little additional insight into people and their personalities and it is ideal for communicating helpful information in short, usable chunks. My practice is set to use video toward both ends.
Eight Ways to Guarantee Yourself a Non-Compete Lawsuit
February 27th, 2010Okay. I confess: I have been really busy (what a blessing) and have not had a chance to write much. But, I have had a chance to read, and I came across something else I wanted to share. Management-side employment lawyer, Jay Shepherd, has written a good article directed at employees: Eight Ways to Guarantee Yourself a Non-Compete Lawsuit. Pretty good advice. Because, in the end, beating your non-compete begins with not acting stupidly and dishonestly, and even if you have a non-compete that will never hold-up in court, being dishonest before you leave your job or taking stuff with you when you leave will make your non-compete the least of your problems. Remember you can delete, but you cannot hide.
Working Hard For Your Money: Overtime for Salaried Employees
February 2nd, 2010
It seems only fair that if you work long and hard, your paycheck should reflect it. However, more and more employers are paying their employees a salary, which is the same whether the employee works 40 or 45 hours. Is paying an employee a salary the trick to avoiding overtime? Not quite.
Reading About Bimbos, iPads and the End of Restraint
January 30th, 2010
We all read a lot of stuff every week, but only a fraction that we would recommend to others. My list comes from pretty mainstream sources, but hey, that is where most of my worthwhile reading was found. In any event, check out links to articles about Bimbo Bakeries filing the latest inevitable disclosure case,the end of judicial restraint, and impact of Apple’s iPad on AT&T’s network. Also, keep scrolling to find the link to the Work Lawyer’s short-book review that piques the interest. Read the rest of this entry »
Employment at Will: The Right to Fire You for [Almost] Any Damn Reason They Choose
January 15th, 2010
Every employment relationship that does not involve a contract for a stated term (like a contract for one year) is presumed to be “at will.” Employment at will is defined as the ability of either employer and employee to terminate employment for a good reason, bad reason, or no reason at all and at anytime without notice. So, what if you show up at work wearing a Clemson shirt and your supervisor is a Carolina fan and he fires you? Employment at will. You lose. Or what if you are fired for missing a day because your daughter had a 24 hour virus? Employment at will. Or because your supervisor wants to give your job to his golfing buddy or girl friend? Employment at will. Are there exceptions? Yes. But, not many.
Who You Kiffin? Avoiding the Wrong Lane in Employment Law
January 13th, 2010
As a Gamecock fan, I am enjoying the turmoil of our SEC East rivals. I am tempted to say “I told you so.” Lane Kiffin had no record of accomplishment, his employment history had telltale signs of impending trouble, and he began violating NCAA rules from the moment he arrived in Knoxville. From an employment law perspective, there is a teachable moment buried in the Kiffin drama.
The basic lesson is that most employment disputes are preventable, and the Kiffin debacle was certainly avoidable. So, what are the lessons from the Kiffin-Tennessee drama that would have helped Tennessee avoid this mess?
