Who’s got the power?

28 02 2011

Mediators will tell you one of the key questions to ask before a mediation session is, “Who’s going to be there?”

It’s vitally important to have someone at the session who has the authority to settle the case, if the mediation is successful.

Judge Bill Ledbetter, who spent many years on the bench in Fredericksburg and who now works with The McCammon Group, presented a talk to the Virginia Academy of Elder Law Attorneys on Saturday at VAELA’s annual Unprogram.

He noted that he was mediating a personal injury/car crash case involving a trucking company in Warrenton. All the parties, including the man who was head of the company, were at the table, and it didn’t involve insurance, so a carrier wasn’t part of the equation. Things progressed successfully and the case reached a resolution, ready for handshakes all around. Then the guy said, uh, wait a minute.

He had to call his wife.

Ledbetter said that she actually was the owner of the company and he had to get her OK. The case settled the next day, he said.

But it served as a cautionary tale for lawyers and mediators alike. Ledbetter concluded, “Know who has the power to settle.”



A Dog Law trifecta

24 02 2011

Maybe we need to update last August’s feature on “Dog Law: A Legal Salute to Man’s Best Friend.” That piece examined what happens when Bowser shows up in case law, statutes and lawsuits.

This past week, we hit a Dog Law trifecta, with three different items making the news.

Domesticated Animal Relations

The case of Whitmore v. Whitmore (VLW 011-7-068) may be the closest the Virginia Court of Appeals ever has come to a dog custody case. In an unpublished opinion, the court wrote that husband appealed the court’s award of the family dog, a Welsh Corgi, to the wife. The court had awarded the man $750, the cost of the dog.

The guy filed 13 different assignments of error and was turned down on every one.

The court’s opinion could easily substitute the word “children” for “dog” in the way it refers to the animal. The parties discussed with whom the dog would live. Both parties “contributed to the care, training and maintenance of the dog.” The wife paid the dog’s $4,000 doctor bill and visited it in the hospital when it was sick and laid up for five days; the husband didn’t visit. The wife engages doggy day care when she travels, hiring a service to walk and care for the pooch.

And the husband actually argued the court failed “to consider the best interests of dog” in its decision.

The trial court noted the evidence showed the wife provided “a stable and caring environment.” The appeals court said there was no reason to overturn the decision to give her the dog and the husband money to go buy a new pet.

Homeowners’ association antics

The Hillbrook-Tall Oaks Civic Association, which serves a neighborhood in Annandale, elected a political newcomer as its association president recently…a shaggy white dog named “Ms. Beatha Lee.”

Perhaps residents were confused by the name, which could be human, but the truth is, no one else stepped forward to claim the job, according to the Washington Post.

The pooch belongs to Mark Crawford, who served three terms as president and couldn’t run again, according to the by-laws. He is now vice-president, serving under his pet.

The by-laws require the president to be a resident (she’s OK there) but they don’t actually state that the leader must be a human. Others in the neighborhood apparently are reassessing their willingness to get involved for the next time elections are held.

As for Ms. Beatha, the Post reporter asked how she was going to fulfill the presidential duties such as running meetings and co-signing checks. “Well,” Crawford said, “she delegates a lot.”

Here’s the scoop

The Virginian-Pilot’s headline Wednesday wasn’t elegant, but it got right to the point: “Dog poop slip-and-injure case against PetSmart settled.”

A man from Poquoson visited a PetSmart store where, apparently, a pet hadn’t been smart. A dog had done its business in an aisle, the guy stepped in it and slipped. He fell hard against his companion, his daughter, and hurt himself. “The dog feces in question was not open and obvious,” he told The Pilot. Good coaching there, whoever his lawyer was.

He had to have back surgery and sought a million bucks from PetSmart, which settled the federal lawsuit for an undisclosed amount.



Always proofread your work, part 2

22 02 2011

Work product from someone who didn’t proofread his work. Don’t let this happen to you!



Always proofread your work

22 02 2011

Before you can say you have finished writing something, you have to proofread your work. Before you file anything, you have to proofread your work. Make sure you say what you mean.

The other day I got an e-mail message from a colleague who knows I like to tinker with headlines – it was one of those viral collections of “Oh no, did they really publish that?” headlines. The papers that printed the headlines below shall remain nameless. I can say on good authority that none of these appeared in Virginia Lawyers Weekly.

Man Kills Self Before Shooting Wife and Daughter

Something Went Wrong in Jet Crash, Expert Says

Police Begin Campaign to Run Down Jaywalkers

Panda Mating Fails, Veterinarian Takes Over

Miners Refuse to Work After Death

Juvenile Court to Try Shooting Defendant

War Dims Hope for Peace

If Strike Isn’t Settled Quickly, It May Last Awhile

Cold Wave Linked to Temperatures

Red Tape Holds Up New Bridges

Man Struck By Lightning, Faces Battery Charge

New Study of Obesity Looks for Larger Test Group

Kids Make Nutritious Snacks

Local High School Dropouts Cut in Half

Hospitals are Sued by 7 Foot Doctors

Typhoon Rips Through Cemetery, Hundreds Dead



A firm of your own

17 02 2011

You may have moments when you stare at your files, then you stare out the window, then you stare back at the files and you think your life and your practice could be different. Maybe you’ve been nurturing a dream of starting your own shop.

Taking that step is “not for the faint of heart,” said Mike Bottaro, a Massachusetts lawyer who recently took the plunge, founding the Bottaro Law Firm LLC. You should determine if you’re cut out for solo practice and therefore whether you could be really successful.

Bottaro was the guest on “The Landy Law Letter,” a podcast hosted by John Torvi of the Herbert H. Landy Insurance Agency in Needham, Mass.

The installment is called, “Going Solo – What You Need to Know in 2011.” Bottaro cites some books you ought to read and things you’ll want to think about, if you consider going solo. And if the answer is “yes,” he has tips on how to proceed in setting up your business.

To access the podcast, click here.

Take a listen and dream on.



A touch of grace

10 02 2011

He probably knew it would be his last speech.

Supreme Court Justice Leroy Hassell, who died last Tuesday, made his last public appearance at the Virginia Bar Association meeting in Williamsburg on Jan. 21, just three and a half weeks prior to his death.

He apparently had cancer. And he had the chance to speak to a crowd of lawyers and judges.

The VBA wanted to present its Gerald L. Baliles Distinguished Service Award to Justice Hassell, so they asked the former governor himself to do the honors. A fitting move, since it was Baliles who had appointed Justice Hassell to the court in 1989.

Outgoing VBA President Steve Busch, who started as an associate at McGuireWoods the same year as Justice Hassell, was unsure his longtime friend could make the trip. But after a touch-and-go afternoon of phone calls and checking back, the justice was coming.

The VBA rearranged its dinner schedule. Normally at bar association banquets, awards and accolades are served at the same time as dessert and coffee. But the Baliles award came at the start of the dinner. The justice couldn’t take sitting through a lengthy meal.

The former governor is always so good at these moments – poised, funny, ready to turn just the right phrase, in charge but at ease – and he was very good that night. He spoke fondly of the man he put on the court at age 34, plucking him from a partnership at McGuireWoods. There were handshakes and photographs all around.

Then Justice Hassell had his turn. He slowly made his way to the podium and spoke without notes.
He started a little shakily but he drew strength from the crowd and the moment.

He made oblique reference to his medical condition, saying he recently had been back in the hospital due to a bad reaction to some medicine.

It was clear he was very sick, but he didn’t say what was wrong, not even to his colleagues on the court. He was a very private man. He had politely declined our several requests for an interview at the end of his term as chief justice, just as he had politely declined our requests in 2003 when he was first taking over.

He thanked the VBA.

He thanked Baliles. Back in 1989, the governor had summoned him to his office one day and said he was one of three finalists for the seat. “Right now you’re number three,” the governor had said, giving the future justice the chance to make his pitch.

He thanked his mentors at McGuireWoods, including Anne Whittemore, for the training and comradeship he had enjoyed at that firm.

He thanked his colleagues on the court, and he said it had been an honor to serve the commonwealth.

He thanked God. Anyone who has listened to Justice Hassell speak knows that he was a man of deep religious faith. God had played an important role in his life, he acknowledged.

He thanked his children. This private man had some of his most difficult family problems aired very publicly. His son and elder daughter both ran into trouble with the law during his stint as chief justice. His message to them and everyone in attendance was he still loved them.

Last, he thanked his wife, Linda, for her love and support over the years.

He saluted Justice Cynthia Kinser, who was in the audience and who would succeed him as chief justice just 10 days later. And he said that he looked forward to continuing to serve on the court for a good long time.

No doubt he was exhausted when he sat down. But he had a smile on his face. That evening, Leroy Hassell got an opportunity few people get: He got to say goodbye in a meaningful way, with poise, humor, humility and a touch of grace.



Practice tip: How to write like the big dogs

7 02 2011

Ted Olson and David Boies are probably most famous for squaring off against each other in Bush v. Gore, the U.S. Supreme Court case that decided the 2000 election.

Last year, they were on the same team in a lawsuit challenging California’s Proposition 8, a successful ballot initiative which defined marriage as a relationship between a man and a woman.

In Perry v. Schwarzenegger, the anti-Prop 8 forces led by Boies and Olson scored a victory; a U.S. District judge invalidated the proposition, and the case is now before the 9th U.S. Circuit Court of Appeals.

Ross Guberman at Legal Writing Pro, a Northern Virginia-based company that trains lawyers to write better, took a look at the briefs in the Perry case and offered his thoughts on “Five Ways to Write Like Ted Olson and David Boies.”

It’s worth a look.



Wasted days

2 02 2011

What is the worst city in America for commuters? Where do people sit in traffic the longest?

If you’re from Northern Virginia, you already know the answer, based on sad, sad experience.

According to the latest Urban Mobility Report, compiled by the Texas Transportation Institute, the worst place for traffic is the Metro Washington, DC area. Actually, it is tied with the Chicago area for that honor.

Commuters in those regions spend a total of 70 hours a year sitting in their cars, waiting out delays. That’s nearly two work weeks’ worth of time wasted.

One hopes the General Assembly takes note of these statistics.

The Los Angeles-Long Beach-Santa Ana area of California is third, with 63 hours sitting in traffic behind the wheel, and metro Houston is fourth, with 58 hours.

Fifth place is held by the worst mid-sized city, Baltimore, where commuters log 50 hours in traffic. If you’ve ever been through Charm City at rush hour, that ranking makes sense.

Give props to the headline writers at the Wall Street Journal, which featured the report in their edition this morning. Their headline for a piece about people in this country just sitting in traffic: “American Idle.”



…does whatever a Spider can

1 02 2011

A new year, a new college mascot search in the commonwealth, it seems.

Last spring, the College of William & Mary undertook a mascot search that gave Tribe fans “the Griffin.”

Now the University of Richmond is planning to replace “Spidey,” its current bug-headed and caped mascot (right).

“Spidey” isn’t the critter’s real name, though. The people at Marvel Entertainment, who own everything related to “Spider-man,” hold that copyright. UR fans generally use that name, although the school has not promoted it, upon advice of counsel.

According to the Richmond Times-Dispatch, money is in part driving the decision to get a new mascot. UR can make some bucks on plush toys and other mascot-related memorabilia.

UR says it teams will remain the “Spiders.” In fact, the school sports site notes that UR is the only college in the entire country to use that nickname. Historical fact: UR fielded teams called “the Colts” in the late 19th century; in 1894, when a reporter observed that a lanky, long-armed pitcher looked a spider on the baseball mound, a new name was born and it stuck.

Of course, the new UR mascot doesn’t have to be an arachnid. It could end up being something completely different. William & Mary’s teams go by the moniker “the Tribe” and the Griffin is a mythical creature that is part eagle and part lion. Not terribly tribal.

Like W&M last year, UR will allow the public to vote on the new mascot. In March, the school will debut a website with three choices. The one that gets the most votes becomes the new mascot. The public also will get the name the new mascot. Stay tuned.

A quick aside: For all the hoopla in 2010 at W&M over the Griffin, the creature remains nameless. The school promised, but has yet to conduct, a public naming contest.