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NY Law Firm Subpoenaed Over Questionable Hiring
Law Firm News |
2007/12/07 09:39
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As legislative leaders seek to award New York's thoroughbred racing franchise that's due to expire Dec. 31, a state committee has subpoenaed a firm that recently won a no-bid contract with the New York Racing Association, which holds the current franchise.
The law firm of Getnick & Getnick of Manhattan has been subpoenaed to testify before the state Commission of Investigation, Neil V. Getnick said Thursday, just as NYRA fights to keep the franchise it's held since 1955.
The subpoena apparently stems from a recent hearing by the state Senate's racing committee, in which the no-bid contract to Getnick & Getnick as integrity counsel was criticized. The contract is worth $125,000 a month.
Senators and NYRA's competitors have questioned the hiring of the law firm. The firm was appointed by a court in 2005 to oversee NYRA's finances and was instrumental in helping NYRA avoid a federal indictment for mismanagement.
"I regret that I was not afforded the opportunity to appear before the state Senate racing committee when it held its NYRA related hearing earlier this fall," Getnick said. "I would welcome the opportunity to testify before the state investigation commission. The facts are straightforward and should be heard by the public."
"We stand in full support of Neil and his firm," said Charles Hayward of NYRA. "We're thrilled to be associated with them."
Asked if he thought the subpoena was timed to hurt NYRA's chances at renewing its franchise, Hayward said: "I think the investigation is not fact based."
In 2005, Getnick & Getnick's report found that after years of mismanagement and corruption, NYRA had reformed itself enough to avoid a federal indictment and be in the running to retain its lucrative franchise. The U.S. Attorney's Office investigating NYRA then moved to dismiss the indictment against NYRA. Getnick & Getnick was paid more than $4 million for that study, funded by NYRA.
Now NYRA is competing against Empire Racing, Capital Play and Excelsior Racing Associates for what is expected to be a 30-year franchise to operate Aqueduct, Belmont and Saratoga race tracks.
Senate Majority Leader Joseph Bruno called for public negotiations with Gov. Eliot Spitzer and Assembly Speaker Sheldon Silver to form a consensus. The various options discussed in closed-door sessions include awarding the racing franchise to NYRA _ favored by Spitzer and supported initially by Silver. Bruno said he opposes Spitzer's plan, but is open to discussing various combinations that could include NYRA.
Under Spitzer's plan, a separate franchise would be awarded _ with NYRA's input _ to one of the gaming partners with the racing groups that would run video slot machines at Aqueduct and potentially at Belmont.
The Senate is scheduled to be in session next week to consider only racing, Bruno said. The Assembly will commit only if there is agreement by the leaders, spokesmen said.
The closed-door negotiations, however, have grown to include several other measures including a pay raise from lawmakers and state judges, a senior citizen tax break, and a $900 million capital budget that would be directed to projects back in lawmakers' districts as a kind of pork-barrel spending. |
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New Online Law Firm Offers Affordable Services
Law Firm News |
2007/12/06 10:04
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The name of Greenwich resident Patricia A. DeWitt's business says it all: lawyersforless.net.
In such a litigious society where attorney fees can cost as much as $1,000 per-hour and many individuals and families are feeling strapped by the rising cost of living, DeWitt is convinced that her "E" law firm will be the wave of the future with Web surfers - and anyone in need of an effective attorney at an economical price.
"The time is right for an Internet law firm," DeWitt said. "People can save a lot of money shopping on the Internet, so why not save a lot of money on the services of an attorney?"
While she has numerous reasons for launching a Web-based law firm, paramount among them is the desire to spend time with her 11-year-old daughter, Annie, a student at Glenville School. "I have my daughter's interests in mind," DeWitt said. "She's very excited. She's my biggest helper. She's my biggest fan."
A single mother, DeWitt enjoys working out of the home because it provides her more time to be with her daughter, who is adopted. With that background, part of DeWitt's focus is on assisting those interested in adoption through the legal process.
"Once I adopted, as an attorney I became extremely interested in the resources that are available to people who seek to adopt," she said. "I am dedicated to advising and assisting persons interested in adopting or having their infant adopted."
She also handles product liability, medical malpractice and negligent matters. Those type of cases, though, can take years to resolve, so they are taken only after agreeing on a contingent retainer. DeWitt does not handle criminal law.
"A small contractor knows it costs the customer more money to hire an attorney than the customer could get back in small claims court," DeWitt said. "Affordable legal representation might help those who don't want the hassle of personally appearing, but want the satisfaction of getting back whatever was rightfully theirs, up to the $5,000 limit of small claims courts."
With word quickly spreading about lawyersforless.net through articles published in local newspapers, DeWitt has cases coming her way. Some are simply small business owners who want to craft a better contract, others involved motor vehicle accidents. The common denominator, though, is that her clients are "savvy professionals" with little spare time on their hands.
"I'm really very impressed with the clients," she said.
Perhaps the most widely followed set of rates for attorney fees is what is called the Laffey Matrix, which is available from the United States Attorney's Office for the District of Columbia, and is updated each year. The hourly rates are shown by years of experience. For June 1, 2006 to May 31, 2007 the rates are as follows: 20+ years of experience, $425 per hour; 11-19 years, $375; 8-10 years, $305; 4-7 years, $245; 1-3 years, $205; and paralegals/law clerks $120.
Hourly rates are increasing almost every year and some lawyers charge substantially higher than the rates shown by the Laffey Matrix. Consider, the first attorney in the U.S. to regularly charge a four-digit hourly fee ($1,000 and higher) was Benjamin Civiletti in late 2005.
With a resume that dates her professional law career back two decades, including serving as an enforcement attorney for the New York Stock Exchange before beginning her general practice in 1993, DeWitt can certainly charge more per hour. Yet she has decided quality of life and time with her daughter is more important to her than making a killing. Some attorneys have called her nuts, she said.
DeWitt's hourly rates were initially $70 per hour, yet after reevaluating her expenses and the amount of time she puts into cases (hours of research), she decided on an hourly rate of $140.
"In this day and age it's just really interesting to see that even with doubling my rates, I'm going to still be half of some of the lowest rates."
Further, there is the matter of combating a widely held societal belief: "Primarily, people think they get what they pay for."
DeWitt, certified to practice law in both New York and Connecticut, wants to focus on clients in Westchester and Fairfield counties because they are close to home and she is familiar with the courts in these jurisdictions. But with the lack of geographical boundaries on the Internet, lawyersforless.net could grow into something much larger than a single-mother's humble practice. "We could create a network," she said when asked about the potential for growth. "I suppose something can be done about it."
"There is life after the law firm," she reminds aging attorneys.
For information, visit www.lawyersforless.net or call DeWitt at 532-4120. |
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Greenberg Traurig Grows Bankruptcy, Litigation Practice
Law Firm News |
2007/12/01 07:48
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Greenberg Traurig, an international law firm with more than 1,750 attorneys in 28 offices throughout the United States and Europe, including Tampa, has added nationally recognized attorney Robert A. "Rob" Soriano as a shareholder to its business reorganization and bankruptcy and litigation practices. Soriano joins the firm from Shutts & Bowen's Tampa office. He was previously at Carlton Fields, also in Tampa, where he headed that firm’s bankruptcy and creditors’ rights practice group.
“Rob Soriano has a national reputation in the area of creditors’ rights and bankruptcy and will strengthen this practice for Greenberg Traurig in the Middle District of Florida. To that end, Rob will spend part of his time in our Orlando office,” said David Weinstein, managing shareholder of Greenberg Traurig’s Tampa office. The office has grown by 16 lawyers since its founding in August of 2006. “Bringing Rob to Greenberg Traurig is something I've been attempting to do for more than a decade. Given where Rob is in his career, how well our Tampa office is developing, and where the bankruptcy and insolvency practice appears to be headed, Rob’s decision to join us could not come at a more opportune time,” said Mark Bloom, co-managing shareholder of the firm’s Miami office and co-chair of the national business reorganization and bankruptcy practice. “Greenberg Traurig has an excellent national platform and leadership position to offer my clients. In addition, this is somewhat of a homecoming as I will be working with old friends whose work I respect,” Soriano said. The firm’s business reorganization and bankruptcy practice brings together more than 65 attorneys located across the United States. The team has experience handling the many complex issues that arise in business reorganizations, restructurings, workouts, liquidations and distressed acquisitions and sales, as well as cross-border proceedings involving U.S. and foreign law. Soriano received his undergraduate degree from Rutgers University, with high distinction, and his J.D., cum laude, from Syracuse University. He served as a law clerk to the Hon. Mark A. Costantino, United States District Judge for the Eastern District of New York, and practiced at Skadden Arps in New York before coming to Florida. He is a member of the bars of both New York and Florida. Soriano has been listed in Best Lawyers in America for more than 12 years, was given the highest rating in Chambers USA Guide to America's Leading Business Lawyers, and is listed in Florida Super Lawyers. In addition, Rob is a contributing editor to Collier Bankruptcy Practice Guide and to Chapter 11 Theory and Practice. He is a Fellow of the American College of Bankruptcy and a member of The American Law Institute. Recently, Greenberg Traurig was named “USA Law Firm of the Year” by Chambers and Partners. The award honors excellence in legal services in countries around the world. Winning firms are selected by a distinguished panel of judges made up of international corporate buyers of legal services. In Florida, practice areas that were ranked by Chambers and Partners in its USA Guide, or had members who were, include Bankruptcy/Restructuring; Construction; Corporate/Mergers and Acquisition; Environmental; Immigration Labor and Employment; Litigation; Litigation: Appellate; Real Estate; Real Estate: Zoning/Land Use; Tax; and Tax: Employee Benefits. Greenberg Traurig is ranked seventh on The American Lawyer’s Am Law 100 listing of the largest law firms in the U.S., based on number of lawyers. Additionally, the firm has strategic alliances with the following independent law firms: Olswang, London and Brussels; Studio Santa Maria, Milan and Rome; and Hayabusa Asuka Law Offices in Tokyo. For additional information, please visit the firm's Web site at www.gtlaw.com. |
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Caplan Law Firm adds new OWI practice specialty
Law Firm News |
2007/12/01 07:45
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Caplan Law Firm principal attorney Allan Caplan has announced that the firm is currently offering a new OWI practice specialty, defending residents of the state of Wisconsin who have been charged with OWI or Operating While Intoxicated. Wisconsin and other states typically use the term OWI as opposed to DWI or DUI with the operative word being ‘operating’. Attorneys Allan Caplan and Joseph Tamburino are both licensed to practice law and try court cases in the State of Wisconsin. A principal of Caplan Law Firm, P.A.,, Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney During his 32-year career. In 1983, Mr. Caplan formed Caplan Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A MInnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder. The Caplan Law Firm, P.A., recognized as a top criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota, the Minneapolis St. Paul area, Wisconsin, and the Federal Courts in a wide range of criminal matters. |
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Law Firms Fail to Make the Grade in Diversity
Law Firm News |
2007/11/30 09:25
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Ivan Wang is an attorney for McKool Smith law firm in Austin. He says he has never faced challenges as a minority and that his firm gives equal opportunities to all races. Yet, he is one of only two minority attorneys at the firm.
McKool Smith received a D on the 2007 law firm report card presented at a press conference Thursday at the Travis County courthouse.
The report card, issued by minority lawyers' groups, gave a letter grade to the top 25 law firms in Austin based on the number of minority attorneys, minority partners and minority law clerks involved with each firm.
"What we ask of the law firms is very simple," Paul Ruiz, recruiting chairman of the Hispanic Bar Association of Austin, said in a statement. "Even though the percentage of minorities in Texas is well over 50 percent, we are asking Austin law firms to meet the threshold of the percentage of minority attorneys who are licensed to practice law in Texas, which, according to the Texas State Bar, is 15 percent."
Any law firm with a minority representation of 15 percent received an A on the report card, Ruiz said.
According to a report released by the State Bar of Texas, Hispanics make up 7 percent and African Americans make up 4 percent of the total number of State Bar Attorneys in Texas in 2007.
The Brown McCarroll firm received the highest grade, an A, with more than 24 percent of their attorneys being minorities, according to the report card. Five of the 24 firms on this year's report card failed.
Graves, Dougherty, Hearon & Moody improved from a grade F in 2000 to a C in 2007, according to a diversity progress report released with the report card.
Paul Saenz, a Hispanic shareholder at Graves, Dougherty, Hearon & Moody, said the firm had formed a diversity committee and implemented improvements in their hiring process to develop more diverse candidate pools since their 2000 report card grade.
Having minority attorneys at law firms is important for representing all communities and businesses and to take advantage of all market segments, Saenz said.
Law professor Daniel Rodriguez said that teachers and administrators work on encouraging minority law students to succeed in the profession and stay energetic in their pursuit to find their first job.
Rodriguez also said the small number of minority law professors at elite schools and at senior levels makes it hard to relate and identify to the backgrounds of the minority students in their classes.
According to the 2004 census report, white male attorneys make an average of $17,000 more than their Hispanic male colleagues and $46,000 more than their black male colleagues.
Law student Yuridia Caire said she does not personally feel discriminated as a minority in the UT School of Law, but said she notices many law firm's Web sites show very low numbers of minority attorneys and partners.
"Many law firms all over say they are dedicated to increasing minorities, but in the end, their actions are not what they are saying," she said. Caire is a vice president of the Chicano and Hispanic Law Students' Association and said she notices that many law firms hold study sessions with the group and then do not end up hiring the students.
The Chicano and Hispanic Law Students' Association is dedicated to helping law students in the law school process and improving their bar scores, Caire said.
According to the UT Statistical Handbook, of the 1,427 enrolled law students at UT in 2005, 230 were Hispanic and 77 were black. In 2000, there were 126 Hispanic and 33 black law students out of the 1,406 enrolled. |
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Associate Attrition Rates are on the Upswing
Law Firm News |
2007/11/30 09:15
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With associate attrition rates on the upswing and young lawyers unwilling to sacrifice personal time, law firms are being forced to rethink the classic high-workload, partner-track model for associates or watch as valuable talent slips away.
Firms have found that the lure of a hefty paycheck in exchange for a rigorous schedule has lost some of its shine for associates, who have different views on what success represents and increasingly leave firms after a handful of years. The new paradigm presents a dilemma for law firms, which have for years relied on the assumption that money -- and the potential of making partner -- buys loyalty.
Local and national law firms have begun to tweak that model, looking for creative alternatives to retain associates who are expensive to hire, but even more expensive to replace.
In 2006, the associate attrition rate in the U.S. was 19 percent, the same percentage as the previous year, which was the highest rate documented by any prior study of attrition, according to the National Association for Law Placement Foundation in Overland Park, Kan. Broken down, larger firms experience even higher rates of attrition with firms larger than 500 reporting a range of 13 percent to 27 percent attrition, according to NALP.
Associates' salaries at large firms range from $160,000 to $285,000 with the possibility of bonuses of $25,000 to $50,000. Meanwhile some law firms peg the cost of replacing an associate at around $300,000.
"Obviously law firms are quite concerned that associates are bailing out left and right," said Paul Clifford, a principal at Law Practice Consultants LLC in Boston. "Firms are starting to wake up to this and are starting to get more creative."
Nationally, McDermott Will & Emery is in the process of hiring a new class of about 15 staff associates who will charge less per hour for lower-end work, make less money and not be on the partnership track, according to a story on Law.com. The lawyers hired will be those who are not interested in working 80-hour weeks. The move is designed to benefit clients, who will pay less for their services. A representative from McDermott Will & Emery said the firm did not wish to comment for this story. |
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Healy Law Firm Receives $20.2M Verdict
Law Firm News |
2007/11/21 10:23
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A Cook County jury recently awarded a total of $20.2 million to three families, whose children were killed in a car accident with a Dean Foods tractor-trailer at an Indiana intersection in case number L016261. Martin Healy, Jr., Daniel Malone, and David Huber of The Healy Law firm represented the estate of the passengers of the car, Diana Kakidas and Adam McDonald. The jury awarded $8 million to each of the families of these two passengers. The family of Christina Chakonas, the driver, was represented by another firm, and was awarded $7 million. Due to the driver's contributory negligence of failure to yield at a stop sign, this settlement was reduced by forty percent, and $4.2 million received.
According to a recording module on the truck, operator Jamie Reeves was driving 9.5 miles over the posted speed limit of 40 mph. It was also claimed that he was over the federally mandated hours of service for the week. All three plaintiffs filed suit against Jaime Reeves, The Alder Group, Inc. and Alco of Wisconsin, Inc., his employers, as well as Dean Foods Company, on whose behalf he was transporting milk at the time of the accident. Dean Foods denied that Reeves was its agent.
At trial, all parties presented expert testimony interpreting event recorders on both the tractor-trailer and the car. The Healy Law Firm contended the event recorders on the tractor-trailer showed the driver of the truck was in fact speeding. The defense argued the event recorder on the car showed that the driver failed to stop at the stop sign, and that the driver of the tractor-trailer was actually traveling under the speed limit prior to the collision.
The Healy Law Firm focuses on representing seriously injured individuals and their families against multi-million dollar corporations and insurance companies. By combining aggressive representation with compassionate client service, the firm offers superior legal counsel to injured parties, working tirelessly to secure fair financial compensation on behalf its injured clients. Among legal professionals and Illinois residents, the attorneys of The Healy Law Firm are recognized as an excellent choice for experienced and proficient legal representation. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website and help you redesign your existing law firm site to secure your place in the internet. |
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