It’s an adverse possession story! We have an adverse possession story. Pull out your first-year Property casebooks and remember that time in law school you learned that “law words” sometimes have no bearing on what those words mean in the regular world.
There’s a guy who is going around Ohio, “possessing” what he calls abandoned houses, and then filing quiet-title claims against the real owners. The actions have worried the owners (at least some of whom have their houses in foreclosure by the banks). In more entertaining news, we get to watch local media react with horror as they confront the mere possibility of adverse possession. I love when laypeople confront Property issues; they’re always so confused and frightened. Prescriptive easements! Fee simple! PERPETUITIES!
Anyway, of all the non-lawyers involved, the worst is the guy actually trying to possess these houses. He’s a man who knows just enough to be stupid….
I typically limit myself to one rant per column; today, I’m letting fly with two.
My first (narrow) rant is aimed at the Supreme Court of the State of Ohio: Hey, guys, have you heard? It’s the 21st century!
I have the misfortune to live overseas (in London) while maintaining licenses to practice law in three states — California, Illinois, and Ohio. California and Illinois give continuing legal education credit for courses taken by webinar, which seems entirely reasonable in today’s world. Ohio alone opts against reason; for standard CLE credits (as opposed to self-study or publication credits), you must attend a CLE class in person. Riddle me this: Where do you find a live, in-person CLE class in London, England, that’s approved for Ohio CLE credit?
When I was recently back in the states, I was forced to endure 2 1/2 consecutive days of live CLE courses, which will keep me in the Ohio bar’s good graces for the next couple of years. But now I’m throwing down the gauntlet, Ohio: I’m not doing this again in 2015! Give CLE credit for webinars, or I’ll go inactive in Ohio, survive on my California and Illinois licenses, and you’ll be out the $350 registration fee! Not only that — I’ll lobby every other similarly situated person to do the same! It’ll cost you millions! (Shhhh! Please don’t tell the folks at the Ohio bar that I’m probably rallying a group of one: All lawyers licensed in both Ohio and another state — so they can go inactive in Ohio and keep on practicing — while living overseas. If I don’t tell the Ohio bar folks and you don’t tell ‘em, they’ll probably never figure it out. After all, these are the clowns who didn’t think to give CLE credit for webinars.)
But that’s all process; now I’m moving on to substance. The CLE presentations themselves provoke today’s second rant. What mistake, I ask you, do you see made by just about everyone who teaches CLE courses (or, indeed, gives any presentations to live audiences)? More to the point, how can you avoid embarrassing yourself publicly when you speak?
Congratulations to Maryland Attorney General Douglas Gansler. The voters have spoken, and he is our latest Lawyer of the Day. Maybe this honor will help Doug Gansler close the gap in the race for the Democratic nomination for governor.
We enjoyed the process so much last time that we’re going to do it again. We’ll give you three nominees, identify the arguments for or against Lawyer of the Day status, and let you vote for your favorite.
Our latest slate raises this question: what’s worse, criminal or crazy?
* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]
* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]
* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]
* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]
* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]
* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]
* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]
Lawyers pad bills. They shouldn’t, but they do. Sometimes it’s an honest mistake born of bad record-keeping. Sometimes it’s a genuine cash grab. Other times it’s brought on by an honest desire to exact a tiny measure of revenge on a client whose indecisiveness or incompetence has made the lawyer’s life hell.
But when lawyers unethically pad these bills, there’s little chance of getting caught when there’s just an extra 30 minutes billed to “further work” here and there. But if a lawyer were to, say, start billing the same client for 29-hour days, it’s really only a matter of time until the jig is up.
If you think no lawyer is dumb enough to bill the same client for a 29-hour day, you’d be wrong….
Imagine returning home from vacation and finding your home cleaned out. The thieves grabbed all the furniture, all the gadgets, all the kitchenware, and left you nothing. That’s what happened to an Ohio woman recently, and the police are refusing to help.
That’s because the perpetrator was First National Bank. Except Katie Barnett was not behind on her payments; the bank just repossessed the wrong house.
Fair enough. Mistakes happen. The bank is going to pay her back though, right?
* Sorry ladies, but Seth Meyers is now engaged. To a lawyer of all people. Alexi Ashe of AC Investment Management graduated from Southwestern University School of Law and previously worked at the King’s County District Attorney’s Office, Human Rights First, and the Somaly Mam Foundation. [Gawker]
* A D.C. law firm is giving away its law library. An unscrupulous law school could bolster its U.S. News ranking because they count the number of volumes in law libraries even though no one has used a bound legal reporter in a decade. [Constitutional Daily]
* “But, soft! what light through yonder window breaks? And does it rise to the level of nuisance?” Just one gem over on this Tumblr. [Shakespeare Takes the Bar Exam]
* The Ohio Supreme Court may hear a speeding ticket case because there are no more pressing issues in Ohio. [USA Today]
* Pharrell is suing will.i.am because the latter seems to think he owns a trademark in every sentence with “I am” in it. And Pharrell quotes from noted legal authority Dr. Seuss. [Jezebel]
* Does Dwight Howard’s decision to sign with the Rockets highlight how state taxes pose a hidden threat to league parity? [TaxProf Blog]
* Still hankering for Supreme Court discussion? Here’s a thorough roundtable examination of the previous term. [Construction Magazine]
* Have a good legal-themed short fiction idea? Enter the ABA Journal’s Ross Writing Contest and you could win $3,000. [ABA Journal]
If you take a hard line in your belief in free speech, you need to double that staunch stance when it comes to humor and satire, because they almost universally require an edge or offense of some kind. Quadruple your stance if that humor or satire is aimed at anything having to do with the government, since they’re not allowed to be offended by our speech. Sorry, government, but that’s the deal we made two-hundred-plus years ago: you get to pretend like you represent us and we get to make fun of you for it…
People have strong opinions about Stan Chesley, the high-profile, hugely successful plaintiffs’ lawyer — or former plaintiffs’ lawyer, since he recently got disbarred in Kentucky and gave up his law license in Ohio (in a retirement application that was notarized by his wife, federal judge Susan Dlott). Here are some choice comments about Chesley, nicknamed the “Prince of Torts” and “Master of Disaster”:
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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