I'd like to thank the Academy and Jesus Christ.

- 1

Well said.

What a terrible writer, Christ.

Seems reasonable to me.

Wait until a minority candidate submits the family photo and is rejected without an interview. Nick Rowley will have to fight against, not for, the injustice he perpetrated. His reasons for obtaining the photo would be a mere pretext in a discrimination claim. Apparently he did not learn much from Gerry Spence.

A lawyer commenting on who he'd like to discuss his firm's practice with:

If I got a picture of a long haired guy with a mullet standing next to a '71 GTO I'd say "that guy looks like somebody I could talk shop with".

Pack it up. We're done for today folks.

PE need not apply

I like to feel my employees. And Kash.

He's stupid. But his point, in germ form, is valid.

He is Black.

"policitcal belief"

weird.

"Maybe it has something to do with discrimination and exclusion or maybe it is all about INCLUSION."

Woah. That dude just blew my mind.

He seems a little too angry for my liking.

Have you ever interviewed prospective employees - ON WEED?

Why do I get the feeling that this firm is going to attract a certain kind of law student? You know, the kind who wrote disturbed letters to the editor and occasionally stalked coeds? The kind who thinks sending in a picture is not just completely normal, but should be mandatory? Birds of a feather...

He is clearly not an employment lawyer. Although I understand his desire to find people he feels are a good fit, his comparison to acting jobs is bizarre --
"Maybe you want somebody who is male, female, gay, straight, fat, skinny, light hair, dark hair, bald, red eyed, or a combination or all of the above. Maybe it has something to do with discrimination and exclusion or maybe it is all about INCLUSION".

Okay. But in the non-acting world, you can't decide "I will only hire a woman/man/white person/black person" etc. Saying that here feeds future lawsuits.

Also -- please learn to write better. Seriously. You can dislike the Ivies and valedictorians of the world all you like, but clear and persuasive writing is rather important in this field. Run-on sentences make me crazy. Incorrect conjugation makes me crazy. Am I bit anal about it? Sure. But if you're making your case about how awesome you are, maybe you should put some thought into how you say it.

The use of ALL CAPS to emphasize certain words reminds me of a certain mass-emailer from TTT Rutgers Newark Law.

"You see, I don't care where a person went to law school or what they got on the LSAT or what standing they had in their class, I am more concerned about finding somebody (anybody, really) who is desperate enough to move to fucking Iowa and work for a jackass like me."

--"SIMPLE, if a person is going to move to a small town in Northeast Iowa a family might be important. A family photo can tell me many things. "

I think my employer can stay the f--- away from my wife and kids. Is this Bendini, Lambert and Locke?

--"When I interview a person I get to see their face, why not in advance to an interview."

The question isn't whether you will eventually learn what this person looks like, but why you need to know before you decide to give 'em a call. It's a job defined as having no interaction ever with anyone outside the firm, so looks are not a bonafide qualification. You're just skeevy and/or racist/sexist/etc.

--"AND, if a person is the type that would pessimistically look at the advertisement of the position and get OFFENDED or turned off then that is a person who I don't want because they are angry and negative minded . . . ."

You are trying to hire a plaintiffs' lawyer, right?

PE rule #3: Firm before family.

Cosigning 17. Well said.

Comment removed by moderator.

Who is PE? I am new here.

I like 19 the best.

He wants a person that is available 24/7 to fight injustice but they also need to be a family man? Wouldn't he rather have the gunner who will actually be available 24/7?

And why do I get the impression that he thinks he applicants are only going to be male?

Elie was voted on to ATL back before the recession, before this traffic had high volumes of traffic. Mystttal no longer represents the ATL community, and more posts are about his incompetence than the articles themselves.

@17 - There is no reason to be such an asshole and shit in everyone's mouth like that.

A Friend

According to his response, family photos allow Mr. Rowley to apply many more knee-jerk stereotypes than he would otherwise be able to think up during a face-to-face interview.

He sounds like a desperately stupid person.

According to MSNBC.com, Plaxico Burress just pled guilty to a weapons charge, agrees to a two year prison term. Breaking news.

Rowley should just go ahead and say, "I'm asking for a family picture because stereotypes are a real time saver."

Sounds like the dude never got a bid to join a fraternity back in his college days...

what is "pcyhologically?"

I interviewed at this firm last year. As a German national, I was taken aback by Nick's opening statement of "I'm not in the hiring lawyer business, I'm in the killing gnatzee business."

This guy is a liberal plaintiff's lawyer (check out his anti-Bush/Cheney rant in yesterday's comments). He wants the picture as a shortcut to achieving "diversity" in his office.

I have a dream that one day employers and schools will pick people not on the color of their skin but on the content of their character.

Why is his firm's web site down? Routine repair or avoiding further shame?

Isn't this guy just setting himself up for an employment discrimination lawsuit?

I mean, he basically says he doesn't care about qualifications, he only cares about whether you "fit in" to the firm.

Tip: If you are going to discriminate, don't make it so obvious.

28 must be Nick.

34 - Well done.

But then, for a movie or play, or television show is a working website not a pre requisite?

Maybe he is a recruiting a webmaster who is male, female, gay, straight, fat, skinny, light hair, dark hair, bald, red eyed, or a combination or all of the above.

That is my response.

K, he's asking for someone with a family to pack up and move to a small town in Iowa to work for 50+ hours a week for an unknown amount of money. Seems to me that finding someone that 'eats dinner with their family' is not conducive to forcing said family to move away from current friends and family, and then working 10+ hours a day (home for dinner when?). I guess he presumes he's going to get a guy with a stay at home wife who can take care of the kids and do all meals by herself? No, not discriminatory at all

THAT IS MY RESPONSE.

ROWLEY OUT.

This guy's writing is awful. Awful writing is scandalous in someone of his educational level, but it's even worse coming from the head of the firm. He is, after all, the best window onto the internal workings of his organization.

To be fair, it looks like he just zipped something off, putting more emphasis on being rapidly responsive than on being accurate or eloquent. But that's only ok when you're zipping off a brief informal answer to an associate on an internal matter. Sending a response that's neither well thought out, well written nor even proofread - when that response is going to a public forum on a sensitive subject - seems to me to be a sign of a loose cannon. I wouldn't need his family photograph to figure out if I wanted to work for Nick Rowley.

This email has seriously impaired this guy's credibility.

WTF this guy can't spell worth a damn. Who'd want to work with someone who does such sloppy work?

This guy is a MORON. What law school did this guy go to? A family photo as a factor to consider for employment? He clearly is not an employment lawyer. What a retard. Can someone give us a landscape of the people he employed? I have a feeling this lame dude is targeting certain race/ethnic/look through the family photo.

I'm surprised the comments aren't funnier. Are all the skilled people staying out of it because Rowley is such an easy kill?

Who knew you could tell if someone was gay or straight from their picture.

Assuming Liberace isn't applying.

It sounds to me like this joker wants to use a photograph to "pre-judge" an applicant to make sure he/she is the right "type" to work in his firm. Hmmm. I am sure there is a word for this type of behavior.

47 - how can you assess the skill of your fellow commenters unless you have family photos of each of us?

Hi, I'm Nick Rowley. I prefer using blatant stereotypes to actual thinking. Thinking is so gosh darn *hard*. So to recap, suit = bad guy. Short hair = bad guy. Mullet = awesome, dude, way cool, and I have a total man crush on you. Not sure about how chicks fit into this. The ones I know are secretaries or wives. Can they be lawyers too? That would be totally bad ass if they could be.

What a DOUCHE this guy is.

Familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status, familial status.

-Title VII

53 -- awesome. I will pretend I wrote that. Concise and to the point.

"If I ask for photos and I get a dark suit with a power look accompanied by a resume that shows an Ivy league education and member of a fraternity and the yacht club chances are that I would put it all together
and choose not to call for an interview. "

Yeah, I mean, it is okay to type-cast people so long as I do not like them right? I would never work in Iowa, nor would I work for this asshat. What a TTTTTTTTTTTT x 11ty billion firm he must run. I proofread my comments because I was taught, through rigorous years of schooling, not to write like an idiot. He should proofread emails that he KNOWS will be published.

Mr. Rowley, whatever it is your smoking, can I have some? Seems to me like it must be some good s&%^%#t!.

This is ludicrious and the analogies that he draws are absurd. They invite accusations of discrimination and marital status, or lack thereof, is protected under Title VII and by most states (particularly one of the few states smart enough to grant marriage rights to same sex-couples). None of the qualifications he lists could be reasonably interpreted as BFOQs to be an attorney. Did he just skip all L & E classes in law school?

His motives may be completely pure, since he seems to at least envision himself as a legal Superman for the downtrodden (holier than thou much?) but he's also clearly not the sharpest knife in the drawer. I'm no great shakes when it comes to spelling and grammar but if I were trying to defend myself from an article questioning my integrity and intentions I think I'd at least use spellcheck. (Sic) should be ALL OVER that weak-ass response.

54 - really? I found 53 thoughtful, but a tas repetitive.

Ba dum dum.

To those who claim that the seepage of chemical fertilizers into the groundwater supply has no effect, I give you Mr. Rowley.

And.....the prosecution rests.

I have never been more ashamed to be a part of this profession.

Are you really expecting any resumes from ivy league yacht clubbers to work in rural Iowa?

56,

He didn't skip the classes, he just threw them out.

"Nick believes that to be a great trial lawyer you need to throw out almost everything you learned in law school"

Lois: The language they’re speaking is the language of subtly, something you don’t understand.
Peter: I love The Money Pit. That is my answer to that statement.
Lois: Exactly.

48,

I can tell if someone is gay from a picture. In fact, I can tell if someone is gay from an anonymous comment on a blog. You are gay and old (Liberace? Really??).

That is my response.

He should very much care if someone went to law school before they try to work at his law firm.

And yes, he's a God-awful writer. Have some self-respect.

Warrior for justice my ass.

I. INTRODUCTION

Defendant and appellant Louis Biscotti and his counsel, Nicholas C. Rowley, appeal from an order directing them to pay attorney fees to Plaintiff and Respondent Brandon Foss after Biscotti brought an unsuccessful motion to set aside deemed admissions. Biscotti contends the trial court lacked authority to impose attorney fees as a sanction.

II. STATEMENT OF FACTS AND PROCEDURAL BACKGROUND

In the underlying action, Biscotti was sued for medical malpractice. In April 2004, the plaintiff served a request for admissions on Biscotti. In June 2004, while Biscotti was defending himself in propria persona, the trial court granted the plaintiff's motion that the requests for admissions be deemed admitted.

In September 2004, Biscotti obtained counsel. In November 2005, Biscotti's counsel filed a motion to set aside those admissions. The plaintiff's counsel opposed the motion and requested attorney fees and costs as sanctions. The trial court denied Biscotti's motion and ordered Biscotti to pay attorney fees to the plaintiff in the amount of $6,740. The court's oral order stated, "And in that regard, monetary damages of sanctions for reasonable attorney fees and costs of $6,740 against defendant Dr. Biscotti and/or his attorney." The minute order stated that sanctions would be imposed against Biscotti only. Specifically, the order stated, "The court imposes sanctions on Dr[.] Louis Biscotti in the amount of $6740.00 payable to plaintiff's counsel on or before 04/05/06." The notice of ruling prepared by plaintiff's counsel stated, "Plaintiffs['] request for sanctions, fees and costs associated with Defendant[']s Motion is granted and sanctions ordered against Defendant Biscotti and his counsel, Nicholas Rowley/Rowley & Rinaldelli in the amount of $6,740.00."

III. DISCUSSION

When, as in this case, a party fails to file a respondent's brief, we "will decide the appeal on the record, the opening brief, and any oral argument by the appellant." (Cal. Rules of Court, rule 8.220(a)(2).)

The plaintiff's request for sanctions did not cite any authority for an award of sanctions, nor did the trial court cite any authority to support its award of sanctions. We presume the trial court relied on its power to award sanctions under Code of Civil Procedure1 section 128.5, subdivision (a). Under that statute, the trial court "may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay." (§ 128.5, subd. (a).)

The filing of a motion may serve as the basis for such an order if the motion is "totally and completely without merit" or "for the sole purpose of harassing an opposing party." (Code Civ. Proc., § 128.5, subd. (b)(1), (2).) However, "[e]xpenses pursuant to this section shall not be imposed except upon notice contained in a party's moving or responding papers; or the court's own motion, after notice and opportunity to be heard. An order imposing expenses shall be in writing and shall recite in detail the conduct or circumstances justifying the order." (§ 128.5, subd. (c).) On an appeal from an order imposing sanctions under section 128.5, this court reviews whether the trial court abused its broad discretion. (Olson Partnership v. Gaylord Plating Lab, Inc. (1990),226 Cal.App.3d 235.)

The purpose of the requirement that the trial court state its reasons for imposing sanctions is to allow the offending party to defend its conduct on appeal and to allow this court to engage in a meaningful review of the sanctions award. (Olson Partnership v. Gaylord Plating Lab, Inc., supra, 226 Cal.App.3d at pp. 240-241.) Here, however, the trial court made no findings that the motion was frivolous or meritless, and the trial court's order recited no conduct or circumstances justifying its order. (Morin v. Rosenthal (2004),122 Cal.App.4th 673 [holding that an award of sanctions violated due process when the trial court did not make findings that a motion was frivolous or brought solely to cause delay, and the trial court's order did not specify any conduct or circumstances justifying the order].)

We conclude the matter must be remanded so the trial court may either make appropriate findings or, in the alternative, deny an award of attorney fees. (West Coast Development v. Reed (1992),2 Cal.App.4th 693.)

IV. DISPOSITION

The order appealed from is reversed and the matter is remanded for further proceedings consistent with this opinion. Appellants to recover costs on appeal.

We concur:

RAMIREZ, P.J.

KING, J.

He should very much care if someone went to law school before they try to work at his firm.

And his writing is God-awful. I love when people ask rhetorical questions and end them with a period. I mean come on, have some self-respect.

Warrior for justice my ass.

No wonder this guy wants someone else to write his briefs, look at how terrible that is.

59- Seriously? This is the most shame inducing thing in the legal profession for you? Congratulations, you've had a charmed life. I've seen 2 or 3 things today that have made me more ashamed of the profession.

Well Nick my boy, stereotypes are a great timesaver, we get to skip all that being objective and judging a person's ability crap.
This is so poorly written English has to be his 3rd langauage. One would think with all his computer skills he would have figured out spell check, guess not. In his defense, he is asking for someone to do all the firm's writing. At least he acknowledges his weakness. This guy is a turd. This and the former post is replete with requests for his family photograph, maybe he should turn those in as his next response.

http://abovethelaw.com/2009/06/freshfieldss_affiliated_counse.php

So ... Saudis apologize for their hiring memos and lawyers from Iowa cite mullets as a reasonable basis for hiring?

Why does ATL have a log-in prompt for comments? I have never seen a comment posted on ATL from anyone other than "Guest".

71 - There are a handful. PE, Michael Ray Richardson ("the ship be sinking...") and Rogue Associate, for example

Typical liberal bullsh*t.

Anyone who wants to pickup a quick 25K should apply for the position, especially if you are a visible minority of any kind. Wear your best powersuit for the photo, and if not selected file your claim. Of course, this mullet firm may be broke by then.

That is my response.

/drops the mic

Nick, tell me why do you need them to come to Iowa when they can write your stuff from anywhere? You would probably get a higher quality work product, if they didn't have to be in Iowa...think about it.

"When I interview a person I get to see their face, why not in advance to an interview."

Because it's illegal discrimination.

"UNFAIR PREEMPLOYMENT INQUIRES...

Request that applicant submit a photograph, mandatory or optionally, at any time before hiring."

http://www.wa.gov/esd/oes/wac.htm

Did Nick Rowley write these blurbs? Or ATL? Because Storm Lake, Iowa is two words.

What an idiot.

This LaVerne grad can see into the soul of fellow human beings by viewing family photographs!

63 - I admit you made me laugh.

48 (straight, but old)

Nick, I forgot to ask why would I need to be licensed in another jurisdiction to write briefs for the attorney of record in that case?

John Edwards is available. He can send pictures of both families.

John Edwards is available. He can send pictures for both families.

Nick,

I searched the Supreme Court of Iowa website looking for your certificate of good standing and was not successful. Are you licensed in Iowa?

https://www.iacourtcommissions.org/icc/SearchLawyer.do

Does this firm have any actual business? Does some injured dude somewhere in this country ignore all the lawyers near him and call this guy to jet in and do the case? Gerry Spence is one thing, who is this guy?

Nick,

I am confused. You list your address on calbar as:

Law Office of Nicholas C Rowley
115 Winnebago St
Decorah, IA 52101

If you are not licensed in Iowa, how do you hold yourself out as a law office in Iowa?

Law Guru FTW!

14 deserves more credit.

This is the ONLY honest guy in the U.S., we all want a photo before the interveiw but are too scared to ask for it.

90 - I guess your definition of "honesty" is different than the rest.

discrimination aside, how can a person realistically determine how one relates to one's family from a single family picture? is he looking for one where they're being formal? one where they're fishing on vacation? what information could you possibly gain from this?

my only thoughts are:

interracial marriage
adopted children
gay unions
ethnicity of the applicant
affluence of the family

Honest with his 'thoughts' and saying what he thinks. I wasn't refering to all of your covert research into his licensing. I'm curious though, what is the definition of "honesty" for the "rest" of you?

I guess spelling and grammar aren't part of their firm culture. I wonder if he can get that from a photograph?

the guy in the pic there is hot. i'd hire him

93 - He has a law degree not a doctorate in psych. It is not like he is having a professional doing any analysis on potential candidates. So take what he says at face value. FYI - all the info obtained is publicly accessible but it looks like you don't care about doing any research so don't bother applying.

This guy sounds like an arrogant snob, no less so because he perceives himself as some kind of blue collar hero. Having attended Iowa Law I can attest that his attitude is not that uncommon. It's a kind of pride in rejecting big city and elitist culture -- a contest to prove who is more authentic, more of a common man. In its way it is just as superficial, petty, and pretentious as the guy who has to buy a Porsche to show how successful he is.

The firm encourages children.

WTF? If this dude is for real- and does have a license to practice law in Iowa fighting the "good fight"- corn huskers- be afraid, be very afraid. He apparently missed employment law- his bs on photos & political beliefs is an discrimination law suit just begging for some action.
Hmmm... maybe recent ivy league, suit wearing, high class standing, with no family for the smiling photo op,accomplished law grads who are currently unemployed could seize this a an opportunity.

Law Guru-

Check the NY State Bar records to see if you can find Elie Mystal. Good luck, cause he ain't there.

You could just submit an application without a photo. He will ding you (because you didn't do what he asked)and then you can sue him. At that point, he'll have to explain why it is legitimate to demand a photo.

Check. And mate.

You people are ridiculous. Who the hell cares? I'm no employment lawyer, but don't most employment discrimination laws apply only to employers with 15 or more employees? If you're small enough, you hire whoever the F you want. So he wants a picture, he's got a small shop. Get over yourselves.

96- see 102
I've got people that research, only on paid topics, though. Sorry.

100- Is Mystal holding himself as having a law office in NY? No need to check I will take your word for it.

103. Right, leaving you unencumbered to post your thoughts on random websites. Take it at face value.

104-Mystal claims to have worked at Debevoise in NY for two years. If he's not admitted in NY, how did he pull that one off?

102: federal employment laws cover employers with more than 15 employees. But Iowa employment law -- which covers broader ground than Title VII -- applies to employers with 4 or more employees. Unless this guy has no staff, he is subject to Iowa employment law for the office for which he is advertising.

Is this guy a lawyer, for real? Is he looking for someone he can picnic with or actually do the work? And if it is the latter, hasn't he heard of discrimination laws? What's next? Matching religions?

104. Worked as what is the question.

Mystal was pushing the pastry cart

Well this is awesome.

I had to check out the website. I noticed that he graduated law school in 2000, but wasn't actually admitted to the CA bar until 2002. Makes you wonder how many times he took the bar. Why isn't there bar admission info for the other two "attorneys"?

How ironic - his website does not have a picture of him (or his family) or any of the associates on it.

@90- but his use of ALL CAPS to make his point seems strangely familiar to someone else's CRAPTASTIC writing.

Busted, Nick.

113 -here. That was meant for 91/Law Guru. Apologies.

113- If not Nick then probably his brother D***

If any of you are interested in Nick's job offer but cannot make it to Iowa here is a similar job:

From: priscilla sitter
Subject: ARE YOU SEEKING FOR PARTTIME/FULLTIME JOB?
Date: Wednesday, August 19, 2009, 7:23 PM

I am looking for Nanny/Babysitter or someone who can handle my personal and business errands at his/her spare time. Someone who can offer me these services:Mail services: Receive my mails and drop them off at Fed ex(nothing
illegal).Shop for Gifts Sit for delivery( at your home) or pick items
up at nearby post office at your convenience. Let me know if you will be
able to offer me any of these services. Please get back tome If you are
interested let me know I will be looking forward hear from you soon

Ummm...if he went to U of La Verne Law - a non-accredited law school - then he is not able to actually practice law anywhere but in California. So yeah, having a law office in Iowa would be a problem. Am I wrong? Any other CA lawyers out there want to comment on this?

And U of LaVeTTTrne is in the 909...Could explain the mullet request.

He can see dead people.

I love that every one is bashing the guy and his firm, but how about every one post some of their trial victories. Here is one of Nick's from the California Bar Journal in April 2008 and July 2009:

Hemochromatosis
Award: $3,550,000
Failure to timely diagnose iron overload disease over a period of three years left a man with severe brain damage (Valentine v. Kramer, San Diego County Superior Court, Plaintiff attorney: Nicholas C. Rowley)

Award: $5,080,297
Out-of-control vehicle struck the left rear portion of a 20-year-old driver?s pickup, causing a rollover and permanent brain injury (White v. Denham, San Diego County Superior Court, Plaintiff attorney: Nicholas C. Rowley).

I'm sure everyone on this thread has judgments twice that size right?.

Hey, 119 -- here is a news flash for you: his alleged brilliance as a trial lawyer in personal injury law does not negate his apparent violation of Iowa anti-discrimination in employment statutes. Check the Iowa code if you're confused.

He seems to focus on brain injury cases. The clients must feel comfortable knowing that their counsel knows their pain, personally.

his bio is classic - combat duty in Wichita where he gained medical knowledge in fields of ob/gyn and pediatrics

http://tl4j.com/lawyer-attorney-1139065.html

I find it amazing that someone who claims to make use of "modern day technological advances in communication" cannot figure out how to use the spellcheck function in Microsoft Word. Nick, if you are reading this, Microsoft Word is one of them fancy wordprocessing applications for something called a "computer."

I am ashamed to have been born in the place where this Nick fellow practices law. He and his response letter, which is full of misspellings by the way, show a very backwards way of thinking and practicing law in the 21st century. I went to the University of Iowa and was then fortunate enough to get hired at a big law firm in New York City. This man is a disgrace to everyone in Iowa, especially those of us who had to fight hard to get people to think of us as anything but local yokels when we were interviewing for prestigious jobs with high-ranked, sophisticated firms in big cities outside of Iowa. This man makes me even more confident that I will never return to Iowa. His discriminatory hiring practices are an abomination and an affront to the legal profession, which should follow the law when it comes to recruiting and hiring new lawyers. This man is completely pathetic and I count myself lucky that despite the fact that the town where he practices only has 8,000 people, I never had the displeasure of making his acquaintance.

124 - Get rid of the chip. This guy does not reflect on Iowa. He is just some guy in CA who thinks he's playing into what a potential Iowa lawyer or client would want to hear. The problem is not Iowa. The problem is the people, including this guy, who never visit between the coasts but think they know all they need to know already.

Get rid of the picture of an interracial couple.

From the firm website:

"Mr. Greenman feels that 'placing yourself in the shoes of the client' is the only way to procure an adequate representation of that client. "

The firm specializes in "Traumatic Brain Injury."

Do you see where I'm headed with this?

Alston & Bird asks employees to "self-declare" their sexual orientation on HR paperwork for new hires (and did so in a prior mass e-mail to existing employees), in order to, I imagine, (among other things) pimp out its non-visible minorities along with its visible ones when it trumpets its diversity. I find it nauseating.

128 - perhaps they are complying with federal affirmative action regulations in addition to pimping out that info? Just a thought.