Follow the Leader, Distantly

Legal Insight 2010/09/02 21:32   Bookmark and Share
Driving home yesterday afternoon, I was inspired to analogize safe driving practices with prudent business development.  Specifically, I likened good business judgment to following vehicles at a safe distance.  Just as following the next car too closely can result in accidents, mimicking a perceived leader in business can produce calamitous business results.

My analogy is paradoxical.  Being “safe” in business by putting distance between yourself and another leading competitor doesn’t seem very smart.  Intuitively, shouldn’t we be a tailgater, if for no other reason than to prepare to pass our competitor?  Yes, tailgating is risky, but calculated risk is what successful business is all about.

In my view, tailgating is stupid, both on the road and off.  It’s inappropriate and unnecessary risk.  The better risk is trailing at a safe distance. Although beating your competitor at his (or her) own game becomes more difficult, differentiating yourself becomes easier.  In being different, a business can both avoid repeating competitors’ mistakes and, perhaps more importantly, gain the broader market perspective required for novel (or at least rare) insight about better paths to trod.  In street parlance, you can avoid the pile up if you’re not part of it, maybe even spotting a detour with the extra time you’ve afforded yourself.
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Divorce Lawyers' Role May be Changing

Legal Insight 2010/09/01 21:31   Bookmark and Share
Pro se representation in divorce cases is popular.  Probably half of everyone getting divorced today will choose to represent themselves.  Money may seem like the obvious reason, because attorneys are expensive.  Then again, cost is not as important if our help is indispensible, or even greatly needed.  So what value can attorneys offer the twenty-first century pro se crowd?

It may help to examine the several factors which explain the current trend toward self-representation.  As I said, money is obviously is motivating factor, but then there’s the Internet, instant communication between friends and colleagues, the sinking repute of lawyers, and the lower birth rate.  I submit that all these factors – and there are others no doubt – combine to explain why pro se representation is increasingly popular.

A recent
empirical study by Judith G McMullen and Debra Oswald corroborates my suggestions.  Their study concludes that people prefer self-representation for a variety of reasons, both financial and physiological.  Not surprisingly, those with the most to lose are most likely to seek counsel.  The study also suggests that, in general, people are adept at knowing when they need counsel.  As for the value of counsel, the study was largely inconclusive.

The wisdom of self-representation is debatable – at least in some cases – as is the definition of a “successful” divorce.  More certain is that self-representation in divorce cases will remain popular, if only because some people will never be able to pay even modest fees for legal counsel.  From a business perspective, then, the pro se trend is not necessarily lost opportunity.

On the other hand, I wonder whether, among all cases of self-representation, serious business opportunities exist.  Certainly some people choosing self-representation could afford counsel.  To the extend such people view attorneys as just another (expensive) poker in the fire, those attorneys with adaptable styles of representation may be able to win additional business.

There is some suggestion that traditional legal services actually lengthen divorce contests, and that attorneys may, at best, contribute nothing of value to non-adversarial methods of dispute resolution.  To be known as an attorney who reduces conflict while preserving what is most important to most people – getting through the divorce quickly while minimizing collateral damage – may be the go-to divorce attorney of the new century.

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Menzer & Hill, P.A. - Securities Attorneys

Legal Marketing 2010/09/01 11:48   Bookmark and Share
Menzer & Hill, P.A. represents investors in the recovery of losses at the result of brokerage firms' failure to supervise their financial advisors who engage in unsuitable investment recommendations, the excessive trading of investors' accounts, inappropriate allocation of portfolio assets, misrepresentations

and/or material omissions of fact resulting in fraud, negligence, breach of fiduciary duties, selling away, failure to advise their clients of risk management strategies and excessive use of margin.

In addition to their legal and arbitration experience, the attorneys and founding partners of Menzer & Hill, P.A. bring with them extensive securities industry experience which

include in-house and chief corporate brokerage counsel, chief compliance officer supervising and regulating the practice of stockbrokers and financial advisors, as well as sales experience with advising clients and recommending the sale of securities and insurance.  The attorneys and founding partners have essentially switched hats where they once represented the industry and broker-dealers, they now represent aggrieved investors.  This yields a unique experience giving the firm intimate knowledge of the misconduct of

brokers and the details and nuances of the securities and insurance products they recommend.

Attorneys
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DOJ's elite Public Integrity unit gets new leader

Legal Business 2010/08/30 09:02   Bookmark and Share

The Justice Department's Public Integrity Section has a storied 34-year history of pursuing corruption in government and safeguarding the public trust.

That trust was breached, however, when some of the unit's prosecutors failed to turn over evidence favorable to the defense in their high-profile criminal trial of Sen. Ted Stevens, R-Alaska, who died earlier this month in a plane crash.

Now Jack Smith, a 41-year-old prosecutor with a love for courtroom work and an impressive record, has been brought in to restore the elite unit's credibility.

Before Stevens, Public Integrity's renown was built on large successes — like the prosecution of the Jack Abramoff lobbying scandal and convictions of federal and state judges, members of Congress and state legislators, military officers, federal lawmen and bureaucrats and their state counterparts over the years.

But its stumble — not disclosing exculpatory evidence as Supreme Court precedent requires — was equally large. It was so serious that Attorney General Eric Holder, one of Public Integrity's distinguished alums, stepped in and asked a federal judge to throw out Stevens' convictions.

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Thousands sign on for $10 billion BP suit

Court Watch 2010/08/30 07:01   Bookmark and Share

The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills.

Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant.

BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars.

On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee.

The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area. At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600.

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Utah court rejects appeal from polygamous sect

Court News 2010/08/30 03:01   Bookmark and Share

Utah's Supreme Court has rejected a petition from members of a southern Utah-based polygamous sect seeking a reversal of changes made to its communal land trust.

In a ruling issued Friday, justices say members of the Fundamentalist Church of Jesus Christ of Latter Day Saints waited too long to challenge the state's intervention in the United Effort Plan Trust.

Valued at $110 million, the trust holds the property in Hildale, Utah and Colorado City, Ariz., the twin border towns where most church members live.

Utah seized the trust in 2005 after allegations of mismanagement by church leaders. A court-appointed accountant has since converted the trust into a secular entity.

FLDS members consider state control of the UEP a violation of their religious rights.

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