Author Archive

New review: David Giacalone on BabyBarista and the Art of War

Here’s something we’ve never tried at Overlawyered: a full-length, original book review by an outside contributor. Blogger David Giacalone, whose now-inactive EthicalEsq. (later f/k/a) is fondly remembered and has often been linked in this space, has kindly offered to let us publish his newly written review of BabyBarista and the Art of War, a new novel based on Tim Kevan’s popular BabyBarista column for the U.K.’s Times (a paper to which I’ve contributed as an online columnist in the past). The novel has been hailed as a “Hogarthian romp” and a “satire with edge”; David says it displays its subjects, British lawyers,

acting very much like the worst segments of the American bar: taking huge fees for little work, entering settlements at their clients’ expense (to assure a fee, or to get to a golf course or an early lunch), exploiting underlings, disrespecting a “litigant in person” (pro se) party, making it dangerous to raise sexual harassment charges, etc. It was heartening to hear BabyB warn clients about the risks of no-win-no-fee (contingency) arrangements, and enlightening to see how personal injury claims are fabricated. For the entire 266 pages, the Bar’s foibles and vices are laid bare, but with a light (if exaggerated) touch rather than a heavy hand.

The review is longer than our usual blog post, so we’ve published it on a separate page here.

Ohio: Turning the table on a serial ADA plaintiff

Cleveland federal judge Donald Nugent has dismissed a disabled-access lawsuit by Bonnie Kramer against a real estate management company and allowed a counterclaim to go forward against Kramer and her lawyers “alleging abuse of process, fraud, civil conspiracy to commit fraud, spoliation and Racketeer Influenced and Corrupt Organizations violations”. Kramer, a self-styled “tester”, has been plaintiff in more than 100 actions under the ADA. [Andrew Longstreth, American Lawyer] More on “Disabled Patriots of America” group: Charlie Deitch, Pittsburgh City Paper.

WordPress upgrade

I’ve upgraded the site to the latest version of WordPress in response to reports of a serious attack on older versions (if you’re running any version earlier than the new 2.8.4, go read about it immediately).

Every time I upgrade, there are user problems for a while, which for readers with some browsers take the form of a front page frozen in time at the last post just before upgrade (in this case, “NYC: tobacco shops can’t give away coffee“). I’ve tried to avert this problem with more careful attention to the cache file, but if you notice this problem (or any other) with the site, please email me at editor – at – thisdomainname – dot- com.

NYC: tobacco shops can’t give away coffee

The Barclay Rex smoking shop must seek a permit as a “food establishment” even if it gives away the brew for free, the city says [Sullum, Reason “Hit and Run”] Readers wonder (h/t Jeff Stier) whether the city is also going to start picking on car dealerships, bookshops and even police stations that offer free coffee, a question to which I think we know the answer.

“Jury awards dad $50K for teen’s suicide”

Frank Eisler kept an assortment of guns in his home, and in particular had “kept at least one gun in an unlocked drawer of his water bed — separate, but not far, from its clip.” Eisler’s stepson, 16-year-old Brian Montes, used one of the guns to commit suicide on April 11, 2005 and Brian’s father, Joseph Montes, sued Eisler for negligence in the death. [Maryland Daily Record]

Unfit mother — for not speaking English?

“One of DHS’s apparent fears is that an infant isn’t safe in a home where the mother can articulate a 911 call solely in a language spoken only by some 50,000 Oaxacan Indians.” The Pascagoula, Miss. child protection authorities deny that Cirila Baltazar Cruz’s inability to speak English or Spanish played a major role in the decision to take her baby away from her. [Time magazine via Stossel]

“In $2.9 M ‘Blast Fax’ Settlement, Plaintiffs Get Coupons and Lawyers Get Cash”

Pitney Bowes, the office supply giant, will pay some Georgia lawyers $950,000 and make available discount coupons to class members to settle charges that it improperly sent faxes to customers of a toner business it bought in 2007. [Fulton County Daily Report] I’ve written and blogged about the junk-fax law here as well as on this site.

Saudi lawyers demand Mohammed cartoon apology

mohammed_cartoon_bombNot for the first time, the lawyers are getting involved: “Faizal A.Z. Yamani of the Jeddah-based legal firm A.Z. Yamani sent a letter to about a dozen newspaper editors, insisting that they print apologies in Danish, English, Arabic and French, and to undertake never to print the cartoon again. He also ordered all the cartoons to be removed from the internet in perpetuity.” [MWW]