Chronicling the high cost of our legal system

Overlawyered

July 8th, 2008 at 11:54 pm

Schwartz Zweben and the Ms. Wheelchair pageant, cont’d

Three years ago we noted (following reporting by Ed Lowe and J.E. Espino of the Appleton, Wis. Post-Crescent) (more) that

Representatives of the Hollywood, Fla.-based law firm of Schwartz Zweben & Associates have played a substantial role behind the scenes in helping organize, promote and support the Ms. Wheelchair America pageant and some of its state affiliates. And lawyers with the firm have filed more than 200 lawsuits in at least seven states and the District of Columbia on behalf of at least 13 pageant participants, “including state and national titleholders, state coordinators and pageant judges”.

Now the Birmingham, Ala. News follows up on the case of Colleen Macort, Ms. Wheelchair Florida 2002, who has filed more than 73 disabled-accessibility actions in Alabama “but has never spent a day in court because of settlements”. Local law provides that Macort cannot be compensated for filing the lawsuits, but the Wisconsin paper reported that the firm of Schwartz Zweben had engaged her as a consultant on other cases. The reporter is kind enough to quote me and mention this site (Liz Ellaby, “Bessemer woman crusades to address disability act violations, provoking critics”, Birmingham News, Jul. 3).

In the state of Washington, Ms. Wheelchair Washington 2005, Michelle Beardshear, has teamed up with the Florida firm to file 15 lawsuits, of which twelve have been settled, against enterprises in Clark County (Kathie Durbin, “Advocate for disabled not hesitant to sue for access”, The Columbian, May 27 courtesy Chamber ILR). And in March, Schwartz Zweben & Slingbaum (as it is now called) swooped down to sue twelve defendants in the Tucson area, including a number of well-known restaurants, alleging ADA violations. (Josh Brodesky, “12 Tucson businesses facing suits alleging Disabilities Act problems”, Arizona Daily Star, Mar. 28).


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June 19th, 2008 at 5:46 am

Chicken-catchers and chicken-pluckers, international securities edition

» by Ted Frank

Plaintiffs firm Berman DeValerio sued attorneys Eran and Susan Boltz Rubenstein, former Coughlin Stoia attorneys, for breach of contract; in their counterclaim, the Rubensteins claim they were hired on a contingent fee basis to wrangle international clients to serve as plaintiffs in securities class actions. Lyle Roberts has the details, and the complaint and counterclaim. Alas, the case settled before details of this interesting arrangement came to light in discovery or other court filings, and it is perhaps too much to ask for questions to be asked in the nonexistent Congressional investigation of the practices of the securities class action bar.


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June 16th, 2008 at 12:03 am

June 16 roundup

  • Educator acquitted on charges of roughness toward special ed student sues Teacher Smackdown website over anonymous comments criticizing her [NW Arkansas Morning News, Citizen Media Law Project, House of Eratosthenes]
  • Lorain County, Ohio judge who struck down state’s death penalty has Che Guevara poster in his office, though Guevara wasn’t exactly an opponent of killing [USA Today]
  • Privatization of U.S. Senate food service is a parable for wider issues [Tabarrok]
  • Low-end strategies for acquiring criminal-law clients include trolling the attorney visiting area at the federal lockup, paying the hot dog guy in front of the courthouse [Greenfield]
  • A Canadian Senator on why his country’s medical malpractice law works better than you-know-whose [Val Jones MD leads to audio]
  • U.K.: convicted rapist sexually assaults and murders teenage girl after housing authority is told evicting him would breach his human rights [Telegraph]
  • No word of legal action (yet, at least) in Salina, Kansas car crash that driver blames on “brain freeze” from Sonic restaurant frozen drink [AP/K.C. Star]
  • In Michigan, some mysterious entity is trying to drop an electoral anvil on two of our favorite jurists [PoL]


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June 11th, 2008 at 1:00 pm

Throwing themselves at rotten tomatoes

Overly eager salmonella-chasing attorneys might risk coming across as, well, bad actors (ATRA press release, Jun. 11). More: Jane Genova takes a different view.


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June 6th, 2008 at 3:25 pm

“Have You Lost Money In the Stock Market?”

From the folks at The Street.com, and it’s probably a parody. At least I hope so. (John Carney, DealBreaker, Jun. 6).


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May 30th, 2008 at 12:11 am

Client-chasing roundup

  • Screening firm hired by Beaumont, Tex.’s Provost Umphrey to do mass silicosis x-rays at Pennsylvania hotels is fined $80,500 for breaking various state rules, like the one requiring that a medical professional be on hand [Childs]
  • Milberg Weiss’s special way of obtaining perfectly pliant clients — that is to say by bribing them under the table — harmed other class members by increasing fees but not settlement sums, suggests a new study by St. John’s lawprof Michael Perino for Ted’s project at AEI [Carter Wood @ PoL]
  • Time for Texas to join many other states in requiring lawyers to inform clients when practicing without professional liability insurance [SE Texas Record; earlier here, here and here]
  • Lawyers, in concert with their public pension fund allies, jockey for control of securities case against Bear Stearns [Gerstein/NY Sun]
  • Another court, this time in California, rules that a screw maker can’t sue a law firm on the claim that its solicitation of potential claimants wrongly portrayed the company’s products as defective; amicus brief from state trial lawyers group and Sen. Sheila Kuehl says relevant provisions of state’s “SLAPP” law were “meant to protect plaintiffs groups, not companies” [The Recorder via ABA Journal; earlier case from Tennessee]
  • Most lucrative Google AdSense words still dominated by asbestos and other personal injury practice, the top terms being “mesothelioma treatment options” ($69.10 per click, and the point of obtaining the click is not to provide treatment options), “mesothelioma risk” ($66.46), and “personal injury lawyer michigan” ($65.85) [CyberWyre via NAM "Shop Floor"; more here, here, etc.]

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May 25th, 2008 at 5:41 pm

Shugar Law Offices want your business

» by Ted Frank

Via R.L., the Shugar Law Offices’ web ad for traffic law clients features a blonde wearing a police cap and a too-small halter top. Maybe she’s one of the associates. Related: Corri Fetman, who posed for her law firm’s tasteless billboard in a low-cut bra.


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May 8th, 2008 at 3:32 pm

Gov. Spitzer’s career change

His future in private practice? (NBC Saturday Night Live, dubiously safe for work; via Turkewitz).


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May 6th, 2008 at 1:34 pm

More lawyer-ad spoofs

The Damage Control comedy team has done parody ads under the titles Neglect, Nursing Home, Personal Injury, Sexual Harassment, and Sue Somebody. (h/t: Nicole Black).


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April 24th, 2008 at 12:07 am

April 24 roundup


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April 13th, 2008 at 9:58 pm

SueEasy.com

The new website aspires to match would-be litigants with the right class action and lawyer for them, but Michael Arrington likely is a great deal too flattering in terming it a “Shangri-La for ambulance chasers” (TechCrunch, Apr. 12), since it remains to be seen whether such a mechanism will be able to attract either litigants or lawyers of the highest caliber. To Luke Gilman (Apr. 13) it calls to mind “a hairball generator…. Looks like a race to the bottom on both sides to me.” Writes Writes TechCrunch commenter “Joey”: “I hope they make a Facebook app: ‘6 of your friends joined this class action lawsuit! Click here to join!’” P.S. Much more from Eric Turkewitz, & welcome visitors from Legal NewsLine and United Press International.


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March 27th, 2008 at 6:47 pm

Client-chasing dot-orgs

We’ve previously noted that seemingly public-spirited websites purportedly set up to offer medical information and advice on mesothelioma and other asbestos-related illnesses are usually fronts for law firms. Roger Parloff at Fortune “Legal Pad” takes a look at a couple of such ventures operated by Beasley Allen of Alabama and Early Ludwick of Connecticut. (Mar. 27). NYU’s Stephen Gillers says the “disguised nature of [Beasley Allen's] web site would not allow it to survive challenge under the New York rules” on attorney promotion but doesn’t have reason to think it violates the (presumably less stringent) Alabama rules. Early Ludwick’s “Mesothelioma & Asbestos Awareness Center”

uses a popular symbol of medicine as its emblem - the two serpents wrapped around a winged staff - and its “about us” blurb says: “Our organization is staffed entirely by volunteer writers and other contributors who recognize the importance of building awareness.”

but if you look hard enough you can find a hyperlink leading to an “Attorney Advertising” notice. And what’s with the law firms’ having managed to secure dot-org domains for these ventures, just as if they were nonprofit or something?

P.S. As several readers point out, those who distribute domains make no attempt to police the recommendation (originally requirement) that .org be reserved for non-profits; for one thing, it’s now routine for .com owners to obtain the .org equivalent of their name and arrange for it to redirect to their main site. I should have phrased my point more narrowly: when they select a dot org as the primary address for their site, law firm marketers make it more likely that unwary readers will mistake the site for that of a medical philanthropy.


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March 1st, 2008 at 9:22 am

March 1 roundup

» by Ted Frank
  • Oregon Supreme Court plays chicken with SCOTUS over $79.5 million punitive damages award in Williams v. Philip Morris case. [Sebok @ Findlaw; Krauss @ IBD; POL Feb. 1]
  • Speaking of punitive damages, I did a podcast on Exxon Shipping v. Baker. I can’t bear to listen to it, so let me know how I did. [Frank @ Fed Soc]
  • Arkansas case alleged legal sale of pseudoephedrine was “nuisance” because meth-makers would buy it; case dismissed. [Beck/Herrmann]. This is why I’ve stockpiled Sudafed.
  • Lawyers advertise for refinery explosion victims before fire goes out. [Hou Chron/TLR]
  • Connecticut Supreme Court: cat-attack victim can sue without showing past history of violence by animal. [On Point] Looking forward to comments from all the anti-reformers who claim to oppose reform because they’re against the abrogation of the common law.
  • Op-ed on the Great White fire deep pockets phenomenon. [SE Texas Record; earlier: Feb. 2]
  • “FISA lawsuits come from Twilight Zone.” [Hillyer @ Examiner]
  • Legislative action on various medical malpractice tweaking in Colorado, Hawaii, and Wyoming. [TortsProf]
  • Request for unemployment benefits: why fire me just because I asked staffers for a prostitute? [Des Moines Register]
  • “So much for seduction and romance; bring in the MBAs and lawyers.” [Mac Donald @ City Journal; contra Belle Lettre; contra contra Dank]
  • Where is the Canadian Brandeis standing up for free speech? [Kay @ National Post]
  • In defense of lobbying. [Krauthammer @ WaPo]

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February 28th, 2008 at 10:39 am

My Condolences, My Card

The mother of a teen killed by a drunken driver was standing at his casket during his wake when lawyers Robert D’Amico and Jimmy Burchfield sidled up next to her and offered their services.

Kathleen Gemma filed a complaint with the Supreme Court’s attorney disciplinary board, saying the two should have left her alone while she was saying her last goodbyes to her son Anthony Gemma. Gemma said one of the lawyers talked about his billboard.

D’Amico and Burchfield say that Gemma brought up the idea of pursuing legal action.

Not difficult to figure out which story is true here, is it?
(Providence WPRI, February 26)

In the height of irony, the wesbite for the law firm of D’Amico & Burchfield contains this slogan:

We’ll Take Care of You Like Family Would

N.B. — This story recently ran on WPRI television, but Anthony Gemma’s accidental death occurred in December of 2006. There is no public report of whether any disciplinary action was taken against either lawyer.


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February 17th, 2008 at 12:05 am

$1,500 per mesothelioma lead

According to a website maintained by MediaBids, an online advertising broker, the Boston law firm of James Sokolove as of recently was offering $1,500 for every mesothelioma “lead” that publishers could bring in through print ads. The offer was apparently good whether or not the patient elected to sign up with Sokolove’s firm, and whether or not the patient had worked in an asbestos-related trade, so long as the diagnosis was a genuine one. Mesothelioma is a fatal cancer accepted by the legal system as a “signature” of asbestos exposure. (Ann Knef, “Sokolove’s ‘creative’ advertising skirts ethics rules, says professor”, Madison County Record, Feb. 14). The relevant page on MediaBids was visible within the past few days, but appears to have been taken down now. For more on how avidly lawyers seek to reach this category of patients, see Sept. 5 and Oct. 13, 2007, etc. More on Sokolove here and here.

P.S. MediaBids page GoogleCached here.


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February 15th, 2008 at 10:16 am

Savannah sugar refinery blast

Lots of reports of lawyers chasing potential business after the explosion [Fulton County Daily Report; Elefant]


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February 14th, 2008 at 10:44 am

Great moments in legal services promotion

As a Valentine’s Day promotion, Charleston, W.V. radio station WKLC-FM is offering a drawing for a free divorce. “Charleston attorney Rusty Webb will handle the actual filing” and says winners should not expect anything complicated in the line of contested proceedings. (Charleston Gazette, USA Today).


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February 1st, 2008 at 12:57 am

February 1 roundup

  • Following public outrage, Spanish businessman drops plans to sue parents of boy he killed in road crash [UK Independent; earlier]
  • Scruggs to take Fifth in State Farm case against Hood [Clarion-Ledger] And how much “home cooking” was the Mississippi titan dished out in the Medicaid-tobacco case that made his fortune? [Folo]
  • More critics assail ABC “Eli Stone” vaccine-autism fiction, with American Academy of Pediatrics calling for episode’s cancellation [AAP press release; Stier, NY Post; earlier]
  • Special ethics counsel recommends disbarment of Edward Fagan, lawyer of Swiss-bank-suit fame whose ethical missteps have been chronicled on this site over the years [Star-Ledger]. As recently as fourteen months ago the L.A. Times was still according Fagan good publicity;
  • In past bail-bond scandals, private bond agencies have been caught colluding “with lawyers, the police, jail officials and even judges to make sure that bail is high and that attractive clients are funneled to them.” [Liptak, NYT]
  • Archbishop of Canterbury calls for new laws to punish “thoughtless or cruel” comments on religion [Times Online, Volokh]
  • Another disturbing case from Massachusetts of a citizen getting charged with privacy violation for recording police activity [also Volokh]
  • Abuse of open-records law? Convicted arsonist files numerous requests for pictures and personal information of public employees who sent him to prison; they charge intimidation [AP/Seattle Post-Intelligencer]
  • It resembles a news program on Connecticut public-access cable, but look more closely: it’s law firm marketing [Ambrogi]
  • Judge says Alfred Rava’s suit can proceed charging sex bias over Oakland A’s stadium distribution of Mother’s Day hats [Metropolitan News-Enterprise; earlier on Angels in Anaheim]
  • Crack down on docs with multiple med-mal payouts? Well, there go lots of your neurosurgeons [three years ago on Overlawyered]


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