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Features
'Let's hire a dumb lawyer.' Five words you're likely never to hear. Lawyers may come in all shapes and sizes, and their styles may run the gamut from presidential to ruthless litigator, but one thing you expect them all to be is smart. A dimwitted attorney is as desirable as an accountant who's bad with numbers, an architect with poor spatial perception or a management consultant who thinks ROI is the French word for king.
Blogs have made it into the mainstream. Dear Abby, earlier this month, offered her opinion to teens on whether or not to blog. A Google search for 'blogs' garnered 1,680,000 results. A similar search just for 'web logs + law firms' offered 18,100 matches. For law firms, blogs seem a natural progression in using the Web for marketing and communications purposes. Once firms were considered behind-the-times if they didn't have a Web site. Then the next great 'must have' wave brought us e-zines, e-letters and e-mail alerts. Now, the race is on to launch law firm blogs.
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Courts in Texas and New York became embroiled in an international child custody squabble in which New York's Appellate Division, Third Department, awarded sole custody to the mother, rejecting the lower court, the law guardian, the wishes of the children and a prior custody agreement.
The marital residence is frequently the most valuable asset found in most divorce cases. Issues of valuation, possession and sale will all involve tax implications. The residence may include a houseboat, a house trailer or the house or apartment that the taxpayer is entitled to occupy as a tenant-stockholder in a cooperative housing corporation. It does not include personal property that is not a fixture. Treas.Reg. '1.121-1(b). Any gain represented by the difference between the present market value or sales price and the adjusted basis will have tax consequences.
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News items of interest to you and your practice.
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Does a patient lose the right to invoke the physician/patient privilege when he or she has seen a physician for an independent medial examination (IME) rather than for treatment? The question may come up in the aftermath of a workers' compensation or medical malpractice case if questions of possible fraud on the claimant's part surface, and you may be asked to advise your client as to his or her rights.
Any physician who has had the unfortunate experience of being the target of a medical malpractice lawsuit bemoans the attention paid by the plaintiff's lawyers to precise record keeping. Most physicians pride themselves on their medical skills, not their neat note taking. They will tell you that entries in a medical record are meant to enhance the care and treatment rendered to a patient, not to be read by lawyers or juries many years later.
The exclusive remedy for patients injured due to medical malpractice by federal employees acting within the scope of their employment is through the Federal Tort Claims Act (FTCA). Under the FTCA, the United States allows claims to be made against it in certain circumstances. However, because the FTCA is a waiver of sovereign immunity, strict compliance with the requirements for filing is necessary in order to preserve your clients' rights to recovery.
