Archive for the ‘lawyer’ Category

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The NFL’s Conundrum: Depositions or Autopsies?

Lawyers representing more than 1,500 ex-players and their families petitioned the US District Court in Philadelphia last week to expedite depositions in a case alleging the NFL willfully concealed information about brain damage arising from repeated hits to the head (Court Focuses On Easterling Suicide).

The thrust of the plaintiffs’ petition was that many of their clients are suffering from extreme dementia and won’t be able to provide depositions if the case doesn’t move forward expeditiously.  For its part, the NFL indicated that on-field injuries are/were covered by collective bargaining agreements and the entire case has no merits.  U.S. District Judge Anita Brody indicated a master complaint summarizing all the issues in the individual suits must be filed before she addresses the deposition issue.

The Court That Really Matters 

Turning from federal court to the Court of Public Relations, the NFL’s situation is essentially a nightmare.  Shortly before last week’s filing, ex-player Ray Easterling, 62 and suffering from dementia, committed suicide (Easterling Suicide).  Shortly after last week’s filing, ex-player Junior Seau, 43, committed suicide (Seau Suicide).  Both of these suicides came fifteen months after ex-player Dave Duerson, 50, shot and killed himself.   All of these men were outstanding players and NFL role-models.

In an important, albeit gruesome, twist, Duerson shot himself in the chest to ensure that his brain could be studied by Boston University’s Traumatic Encephalopathy Center.  Seau, who apparently left no suicide note or instructions, also shot himself in the chest and his family has already agreed to donate his brain for study.  Easterling had earlier expressed a desire to donate his brain to the BU Center, but indicated a change of mind in his final note.  His widow has requested that medical examiners salvage what they can for research.

Legal vs Practical vs Moral

As stewards of America’s Most Popular Pastime the NFL faces a defining moment in the area of concussion-related “head shots”.  While the league has tightened-up rules to protect against injury & come down hard on violators, what about all those guys who played – and suffered brain-damage – before the new rules?  Three paths appear open:

  • Take the legal approach.  Contest the ex-players’ right to file the case because of collective bargaining.  Contest everything.   Drag it out.  Reduce direct liability through plaintiff attrition, e.g., dementia & suicide.
  • Take the practical approach.   Seek to kill off the consolidated case, negotiate individual claims.  Minimize the financial hit by recognizing the underlying problem for individuals but avoiding any blanket admissions.  Avoid being overtly adversarial but quietly drag it out where possible.
  • Take the moral approach.  Recognize that these guys built the NFL’s multi-billion dollar business and need help.  Make sure that the current Players Association kicks in their fair share.

When deciding which approach to take, the NFL might want to consider the PR impact of 2-3 more chest-shot suicides.

About the Author:  Elizabeth Tice heads up Office Solutions Plus LLC, where we provide documents of record for all venues, including court reporting, depositions, and transcription.  We understand the importance and value of accurate records.  617-471-3510. Try us out!

New Technology Rules for Journalists in Massachusetts Courts

Massachusetts Supreme Judicial CourtThe highest court in Massachusetts has updated its rules for news coverage of trials and other court proceedings.   The goal of the change is “to recognize the changes in technology and journalism” the court said.  

The rules permit electronic devices such as laptops in the courtroom, but require anyone seeking to use high tech gear to register with the SJC’s Public Information Office.   The new rules allow a third camera in a courtroom — a video camera potentially being used by a citizen journalist — in addition to the cameras from television and newspapers that have been allowed for many years.  

Judges would have the discretion to grant someone without PIO credentials the right to use a laptop and other equipment.  Judges can also restrict coverage it if could have potentially harmful consequences.   The SJC emphasized that “covert photography, recording or transmission is prohibited”.  These new rules go into effect July 1.  

About the Author:  Elizabeth Tice heads up Office Solutions Plus LLC , where our services include using DVDs and CDs recorded in the courtroom for transcription.

Depositions will Play a Vital Role in Drunk Driving Accident

Residents of a small town inTexashave filed a petition to gain the depositions of a liquor store.  This particular store may have sold alcohol illegally to minors; minors that later died in a drunk driving accident.  On September 18, 2011, three minors were killed in this car accident.  The driver of the car had surpassed the legal blood alcohol limit.

The residents Kimberly Jones, Harold Brantley, Jack Smith, Kelly and James Bates, and Dawn Fluts filed a petition requesting a deposition on February 24th in front of the Jefferson County District Court.  These community members are seeking the deposition of Triangle Marketing corporate representative Hussain Ali Habib to further investigate into any wrongdoing on the part of the store.

The petition asserts, “The alcohol consumed by said minor driver had been illegally provided by The County Store in violation of the law prohibiting the sale of alcohol to minors.”  These community members are asking for the reports, video, and any testimony in regards to the selling of the alcohol.  Receiving a deposition and supporting documents will go a long way into providing a conclusion to this unfortunate affair.

Office Solutions Plus LLC handles depositions in many different types of court cases and even provides rush depositions.  OS Plus has over 15 years of experience and uses the latest technology to get your projects done quickly and efficiently.  When looking for court reporting/depositions, look no further than Office Solutions Plus LLC!

Reference

Yates, David. “NewsJeffersonCounty.” Depositions Sought in Potential Dram Shop Suit over Minors Killed in Drunk Driving Collision. 29 Feb. 2012. Web. 07 Mar. 2012. <http://www.setexasrecord.com/news/242229-depositions-sought-in-potential-dram-shop-suit-over-minors-killed-in-drunk-driving-collision&gt;.

Hey Attorneys! Here is a Document Review Tool to Help You!

Attorneys must decide which documents are relevant to a case.  This process is called document review.

Often law firms hire experienced document reviewers to study the legal papers.  Sometimes contract attorneys are also hired for this process.  Often much of this work is done electronically, through scanned copies, emails, and other files.

A great document-review tool that law firms are utilizing is called Westlaw CaseLogistix.  It allows the reviewer to see all the documents in one place.  This device allows a legal team to organize, review, analyze, and create any legal document.  Westlaw CaseLogistix has features such as grouping similar documents in specific folders while categorizing them by dates and issues, viewing documents in different formats such as PDFs and TIFs, and configuring the interface to include only what one needs.

This tool also allows one to browse through the documents and the security measures allow viewing restrictions. 

Another valuable tool to get the job done is to use Office Solutions Plus LLC for transcription and deposition projects.  Office Solutions Plus LLC offers speed, accuracy, and quick delivery!  OS Plus is certified by the Massachusetts Trial Courts. 

To learn more about Office Solutions Plus LLC and the services we provide, make sure to visit our website!

 

To hear more information on technology in the legal field, take a look at the video below.

References

“WESTLAW CASELOGISTIX.” Westlaw. Thomson Reuters. Web. 22 Feb. 2012. <http://store.westlaw.com/products/services/westlaw-case-logistix/default.aspx&gt;.

“Document Review.” Wikipedia. Wikimedia Foundation, 02 Dec. 2011. Web. 22 Feb. 2012. <http://en.wikipedia.org/wiki/Document_review&gt;.

 

Mobile Transcript: the Lawyer’s Lifesaver

The Mobile Transcript is a novel app that is very useful for all legal professionals.  A lawyer, paralegal, court reporters or legal assistant can employ this app to review court transcripts or depositions.  This device even allows a person to annotate their files! 

Lawyers often work with court reporters who upload the transcripts to the Mobile Transcript account.  A court reporter pays for the Mobile Transcript app and provides this service to law firms and lawyers.  The court reporter pays $29 per month for this application.  While the court reporters upload the documents, a lawyer can view them on the go. 

The Mobile Transcript is available for iPad, iPhone, iPod Touch, Blackberry, and Android smartphones.  When using this device, a legal professional may highlight significant parts of a testimony and email the information to their associates, expert witnesses or legal assistants.  This device allows a person to email a whole PDF file with highlights or just the highlighted parts.  Also, the app allows one to send it via Excel file.

Along with this feature, the app also allows a professional to write deposition summaries.  A lawyer can also change the font size and color of the files they are reviewing through this app.  To help a lawyer remember when they started reading, the Mobile Transcript has a time capture feature that logs the amount of time spending reading a transcript or deposition.  This makes it much easier to have the billable time available to a client.  This time log can be exported from the online version to a PDF or Excel file.  This app allows one to be more productive, especially during travel.  The Mobile Transcript is a worthwhile device a legal professional should consider employing. 

Reference

Mobile Transcript. Web. 01 Feb. 2012. https://www.mobiletranscript.com/transcript/.

 

 To learn about other cell phone apps for lawyers, click here.

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