Are Clemens’ (Perjured?) Deposition & Testimony to Congress Important?

As Roger Clemens’ perjury trial resumed this week in Washington, an important, albeit unstated, question seems to have taken center stage for the defense – does lying to Congress really matter?  Aside from questions of actual guilt or innocence, a distinctly cynical view has emerged that Capitol Hill is wasting its time – and our tax dollars – pursuing a celebrity athlete who may have lied to them to salvage his tattered reputation.

In cross-examination of House staffer Phil Barnett of the House Committee on Oversight & Government Reform (Clemens Opted to Testify) Clemens’ lawyer Rusty Hardin questioned the motives of Congress behind the 2008 hearings into steroid use in baseball.

When his questioning brought an objection, Hardin stated that the House’s steroid hearings were “nothing more than a show trial” designed to punish Clemens for fighting the accusations against him.  “That is not a legitimate function of Congress,” Hardin stated. (Clemens Statements Played).

While it’s hard to fault Hardin for mounting this argument – a diversion like this may be appropriate since most observers feel the Feds have a strong factual case – this line of reasoning is both seriously flawed and potentially quite damaging.

Looking first at the assertion that Congress had no business looking into the use of performance enhancing drugs (PEDs) in professional sports, a pretty obvious question arises.  Isn’t it the job of Congress to address through legislation issues like the impact of PEDs on public health?   Given the devastating impact PEDs have had on so many young athletes, it’s ludicrous to suggest the issue is out-of-bounds for Congress.

As for dismissing or excusing the act of perjury before a Congressional committee, the thinking appears to be either, “Hey, this is Congress…these guys are all liars so it’s no big deal” or, “Well it’s just a Congressional committee, so it’s not like real perjury”.

The fact of the matter, of course, is that if Roger Clemens lied in his deposition and proceeded to lie during his direct testimony, he committed a federal crime.  While the American way of life might not hinge on celebrity cases like this, there is an important principle at stake.  If you lie to police officers, the FBI, or even Congressmen you have broken a law and will be brought to account…just ask Martha Stewart.

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!

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 24^th 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;.

 

A Hospital’s Mistake: A C-Section is Performed on a Not-Pregnant Woman

            Recent depositions show that a Manhattan hospital may have made some colossal medical mistakes.  Dr. Suarna Mehulic is indicting New York Downtown Hospital of performing a C-section on a patient who was not pregnant. 

            This information was revealed in videotaped depositions during a lawsuit Dr. Mehulic filed for wrongful termination.  Mehulic had described dangerous practices in this hospital’s Obstetrics and Gynecological Department to the New York State Department of Health.  Two days later, she was fired.

            The hospital, however, claims that Mehulic was fired because she was confrontational and paranoid.  The hospital’s Chief Operating Officer, Anothony Alfonso, cites that she was fired due to insubordination. 

            Another video deposition given by Dr. Lana Boter shows that she was also a witness to a C-section performed on a woman who was not pregnant.  Dr. Boter is on the hospital’s Quality Assurance Committee, which studies any disputed hospital care.  Boter claims that “A little extra time would have shown that there was no pregnancy at all.”  According to Mehulic, the patient was sixteen years old.  The young woman had told the doctors that she was pregnant but could not feel the baby kicking.  Allegedly, the doctors believed what was stated and started surgery before confirming her pregnancy.

            Another doctor who was present at this incident, Dr. Anca Rosca, also answered a lawyer’s question on this surgery.  After affirming the C-section, Dr. Rosca states, “Turns out she wasn’t pregnant.”

            Despite all of this evidence seen through the depositions, hospital officials deny this ever occurred.  They even issued a statement claiming: “no C-section has ever been performed in our hospital on a woman who was not pregnant, and if you were to suggest otherwise it would be an egregious and inflammatory error.”

            Dr. Mehulic found out about this case when the young woman returned to the hospital due to aching pain in her pelvic region.  After speaking with the patient, Mehulic realized the young woman had never been told what had happened.

            Not long ago,New York DowntownHospital settled claims of Medicaid fraud with the state and federal governments.  This hospital paid out $13.4 million in settlements, and it seems that this new scandal will also take its toll. 

            Without these video depositions, the truth about a hospital’s practices would not have been brought to light.  Office Solutions Plus LLC takes pride in completing depositions and transcription as certified by the Massachusetts Trial Courts.

 

Reference

Burke, Tom, and Chris Glorioso. “I-Team: Doctors Start C-Section on Not-Pregnant Patient | NBCNew York.”New YorkNews, Local News, Weather, Traffic, Entertainment, Breaking News. 7 Feb. 2012. Web. 15 Feb. 2012. <http://www.nbcnewyork.com/news/local/New-York-Downtown-Hospital-C-Section-Lawsuit–138783374.html&gt;.

Outsourcing Transcription Helps Lawyers

 

            Court transcripts are vital documents for lawyers and legal professionals.  Without transcripts of previous court cases, a lawyer would have a hard time understanding how a jury may vote or what evidence is vital to a case.  With transcripts at hand, a lawyer can research similar court cases and learn which witnesses and evidence made an impact on the judge or jury.  

            A law office is in need of someone to transcribe the events from each trial.  Sometimes an employee would be hired to accomplish this.  However, outsourcing transcription is very useful for law offices.   Doing this can actually reduce costs!  An organization won’t need to spend the same amount of time and resources on transcribing legal recordings.  When a law office outsources these projects to OS Plus, the transcripts are finished quickly and efficiently, thereby saving the offices money.

            When outsourcing your transcription needs to Office Solutions Plus LLC, you will save money by reducing your number of employees.  This includes money spent of salaries, employee benefits, ongoing training, human resources’ efforts at recruitment, brand-new technology, and office space.  By outsourcing various projects, you will no longer need to worry about the depositions, briefs, letters, client and court recordings, court transcripts, or summons.  For a legal professional, this would definitely save precious time that can be spent on winning the case. 

Office Solutions Plus LLC has professional, experienced transcriptionists, legal experts, and proofreaders that will get the job done by deadline.  Our quick turn-around time will convince you to use OS+ for all of your transcription needs!  Along with this, we use the latest technology to supply quality legal transcripts.  We provide error-free documents with files that are easy to retrieve at any time.  When in need of a transcriptionist, consider using Office Solutions Plus LLC.  You won’t regret it!

 

Reference

Kruse, Bob. “Legal Transcription Outsourcing – How It Can Help You Save Money.” Free Article Directory – Submit Articles at SooperArticles.com. 20 Apr. 2011. Web. 11 Jan. 2012. http://www.sooperarticles.com/business-articles/outsourcing-articles/legal-transcription-outsourcing-how-can-help-you-save-money-405045.html.

 

To learn more about Office Solutions Plus LLC, please take a look at the video below:

How Depositions Can Make or Break a Case

           

           A deposition can be a critical part of a court case.  It could mean the difference between sending a person to jail or letting him or her go free.  In one recent case, twenty-one Haitian boys have accused a man, Douglas Perlitz, of sexually abusing them.

Perlitz had created a program to feed, clothe, educate, and house these boys.  However, the boys maintain that he manipulated them by withholding food if they did not give in to his demands.  The age of these boys varied from nine to twenty-one.  The young boys claim that nothing was done to stop the abuse by the organization.  The lawsuit for these boys is seeking $20 million in damages for each client. 

            Mitchell Garabedian, a Boston-based lawyer, is seeking to represent the defendants and has drafted the complaints.  Garabedian has successfully represented children that were sexually abused by Catholic priests.  Clearly, the paperwork for such a case is vital.  The depositions will clearly explain what has happened in each case of abuse.

A deposition is the voiced sworn testimony of a witness or victim under oath.  Depositions are handled out of court.  The testimony is recorded and transcribed verbatim to a written document.  These depositions are used to study the case and are often brought up in the court case as evidence.  Lawyers need these depositions to use as evidence and a legal tool that can help win the court case.

Office Solutions Plus LLC specializes in recording and transcribing depositions according to the rules and regulations of the courts.  OS+ is certified by the Massachusetts Administrative Office of the Trial Courts and is SOMWBA certified, DBE certified, and WBE certified.  We also make sure to use the latest technology in our services, which enable OS+ to provide rush services to our clients.  Office Solutions Plus has rush depositions available.  This means that OS+ will meet your deadlines and deliver a quality product!

Reference

Mayko, Michael P. “17 More Haitian Boys Claim Perlitz Abuse -ConnecticutPost.” CTPost.com -ConnecticutPost. 05 Jan. 2012. Web. 05 Jan. 2012. http://www.ctpost.com/news/article/17-more-Haitian-boys-claim-Perlitz-abuse-2441874.php.

To learn more about the Perlitz case, take a look at this video. 

How Social Media is Influencing Courtrooms

 In the United States, using twitter and other social media within the courtroom must be approved in each case.  If someone requests to use social media in such scenarios, a judge must decide whether such use will interfere with the trial or not.  Social media will get the information out much faster – an issue that sometimes stands in the way of administering justice in the courts.  

The rules for tweeting are different from one state to the next and differ between each trial.  Sometimes a reporter is allowed to carry a laptop or cell phone for only certain parts of the trial.  Some judges are perfectly fine with using social media and believe it will make the public more informed on legal proceedings. 

 Other judges, on the other hand, are very much opposed to such actions within the courtroom.  For example, Chief U.S. District Court Judge David C. Norton of South Carolina forbid all wireless communication technology from the courtrooms. 

In early May of this year, the Boston Globe reported on the permission of social media use within the courtroom inQuincy, Massachusetts.  In this courtroom, reporters and bloggers will have a particular seating area and Wi-Fi connection.  Laptops, iPads, and smart phones are allowed for reporting on trials, whether through blogs, twitter, or facebook.  Office Solutions Plus LLC is a company located inWeston, Massachusetts and uses court reporters (not newspaper reporters!) to transcribe vital documents that officials within the legal field need.  For an actual transcript, however, a company that is Trial Court Certified like Office Solutions Plus quickly transcribes vital documents.

Office Solutions Plus LLC uses State Certified Court Reporters to transcribe court proceedings as well as depositions.  OS+ also works on corporate and medical testimony within the court reporting aspects.  Along with an original transcript, a copy and a CD are created that hold all of this information for the clients.  Office Solutions Plus LLC can also provides videography and translation to clients.  Best of all, OS+ has very quick turnaround times to meet approaching deadlines! 

If you want more information than you get from a tweet or a blog, get a copy of the transcript from Office Solutions Plus – who also has a staff to take depositions to use as evidence in court. 

References

Davies, Caroline. “Judge Tells Court Reporters: ‘Twitter as Much as You Wish’ | Law | Guardian.co.uk.” 14 Dec. 2011. http://www.guardian.co.uk/law/2011/dec/14/judge-court-reporters-twitter.

Lozare, Nicole. “High-profile Trials Can Increase Reporters’ Followers by Thousands | Reporters Committee for Freedom of the Press.” Fall 2011. http://www.rcfp.org/browse-media-law-resources/news-media-law/news-media-and-law-fall-2011/more-reporters-tweeting-court.

Gradeless, Rex. “Colorado Judge Allows Twitter In Courtroom.” 6 Jan. 2009. http://socialmedialawstudent.com/twitter/colorado-judge-allows-twitter-in-courtroom/.

Lavoie, Denise. “OMG: Tweets, Facebook Welcome inMass.Courtroom – Boston.com.” 2 May 2011. http://www.boston.com/ae/media/articles/2011/05/02/omg_tweets_facebook_welcome_in_mass_courtroom/.

The Supreme Court Will Take a Spin on Health Care Law

The Supreme Court has decided to listen to both sides of the conflict over President Obama’s healthcare law.  The problems lie within the amount of power the federal government is allowed to exercise on its citizens. 

The big question that lies at its center is whether Congress has the right to require every American to buy health insurance.  Conservatives are very much against the idea of expanding government regulation to this kind of extent.  Democrats, on the other hand, explain how this will help control costs as hospitals and insurers spend billions of dollars per year to cover costs of uninsured people.

One service hospitals need is medical transcriptions.  A vital part of what Office Solutions Plus LLC does is provide medical transcriptions to hospitals and medical practices.  Transcriptions are essential to the medical field.  Medical transcription is the process of converting patient information into a written text document.  Electronic storage of such information is best when considering the vast numbers of patients.  Typing and formatting are the major functions of transcription, as there are specific formatting criteria.  The final product of this becomes the medical record of the patient. 

Transcription in the medical field has been around since the 1960s.  At first it started as a process of using a manual typewriter.  Today we use computers, digital recording, and speech recognition devices.  Lately, a common practice has been to use digital voice files in a medical practice.  This requires voice recognition technology.  At OS+, we make sure to use the latest technology and to provide the best possible service to our customers.  We also deliver the final transcript in any form our customer wants and work with our clients to get the transcripts out when facing a tight deadline.  So why not fill out a Transcription Request Form? Find it on our website: http://officesolutionsplusllc.com/TRANSCRIPT_REQUEST.pdf

 Getting back to the health care law, the debate at the Supreme Court is scheduled for June of 2012.  It will come at a pivotal point for the general election.  If the court rules in favor of President Obama, he will have brought to fruition a new health care plan that has been worked toward since theRooseveltpresidency.  However, if the law isn’t passed through, this would be a major victory for the Tea Party. 

The healthcare reform has led to a major division between the democratic and republican parties.  Out of four federal appeals courts, only one has found this new health care law unconstitutional.  Two courts have upheld the law while a third had found it hasty. 

The Supreme Court justices will have to consider some vital questions when deciding on this new law.  Some of these questions include:

• Is it covered by our constitution for the federal government to call for everyone to have health insurance by the year 2014?
• If not, can this part be detached from the law, or should the entire law be abandoned?
• Should the courts delay any decision until 2015, when taxpayers will have to pay a fine for lacking insurance?

We will have to wait until next year to hear the final decision.  This new law has brought plenty of conflict with it – as most revolutionary laws do.

Reference

Savage, David. “Supreme Court Puts Healthcare Law in Campaign Spotlight – Latimes.com.” Los AngelesTimes – California, National and World News – Latimes.com. 2011. Web. 29 Nov. 2011. <http://www.latimes.com/health/la-na-court-healthcare-20111115,0,7552718.story&gt;.

 

New Law Brings Innovative Alimony Changes

A new law affecting how alimony is run will go into effect on March 1, 2012.  This new law has some drastic changes as compared to the previous rulings.  These changes include a threshold on the extent of alimony payments depending upon duration of marriage, conclusion of alimony payments upon reaching retirement age, conclusion or decrease in alimony payments if spouse is living with a partner, and thresholds on income and percentages of alimony commitments.

The limits on alimony take into account the duration of the marriage, if the marriage lasted twenty years or less.  If the marriage lasted over twenty years, these limits are not applied.  These payments last 50-80% of the length of the marriage.  The extent of marriage is measured from the wedding day to the petition for divorce.

Retirement age also signifies that alimony payments no longer need to be paid. Retirement age is generally between 65 and 67 years of age.

Alimony payments may be reduced or stopped altogether if spouse is residing with another individual.  However, the spouse paying for alimony must present evidence that the other spouse has been residing with a partner for a minimum of three months.  Such evidence includes statements made by the couple, economic distribution, discussion of future plans of cohabitation, community awareness of the couple, and other mutual benefits. 

This law also covers how alimony payments cannot surpass the needs of the beneficiary.  It should also be between 30-35% of the difference between the participants’ gross incomes.  Original division of assets is not included in these numbers.  Also, income from a second job is not taken into account in these payments.

The time frame for filing a change to alimony orders will vary to keep from a flood of new law proceedings.  The time frame for filing these changes is from March 1, 2013 to September 1, 2015, and this varies depending on the length of marriage.  However, in regards to spouse cohabitation changes or reaching of retirement age, an individual may file a change as early as March 1, 2013. 

These are only some of the changes that this new law covers.  If you believe you are entitled to a change in alimony, contact a lawyer dealing in divorce or family proceedings.

Historical Significance of Transcriptions

 Transcription is the process of recording speech into written form.  Machinery may be used to perform this.  A court reporter has the sole occupation of producing this written form of speech in the form of court transcriptions, depositions or other official documents.  In the past, court transcriptions were done with tape recorders and by hand.  Today realtime transcription is used, in which Computer Aided Transcription technology brings the words to life on a computer screen after the speaker has vocalized.  In fact, the court reporter may highlight and take notes directly on the computer screen. 

The amazing part of this process is that transcriptions are really a part of history and take a role in famous court trials.  An example of this is the recent release of transcripts from former president Richard Nixon’s testimony.  This information was released by the Nixon Presidential Library and Museum.  These transcripts illustrate Nixon’s anger and pessimism toward politics after his presidential career.  Nixon showed contempt toward President Kennedy and his associates. 

Nixon may have been pardoned by Gerald Ford for any crimes but he was still at risk for perjury charges when facing the grand jury.  He scraped out of this by claiming to not recall many of his or his office’s actions.  The former president did not give up any new information regarding the Watergate scandal, but merely showed his crushed personality.

A major question that still wasn’t answered is: why is there an 18 minute gap in a tape recording from the Oval Office?  Instead, Nixon negatively described his former colleagues, saying G. Gordon Liddy is “a very bright young man in one way, very stupid in others.”

The ruling over releasing these transcripts was made last July by Judge Royce C. Lamberth, explaining that the historical significance of these transcripts overrides the usual secrecy of grand jury reports.  Court transcriptions definitely play a strong role in the history of this country.

Reference

Shane, Scott, and Adam Nagourney. “Newly Released Transcripts Show a Bitter and Cynical Nixon in ’75.” New York Times. 10 Nov. 2011. Web. 11 Nov. 2011. <http://www.nytimes.com/2011/11/11/us/newly-released-transcripts-show-a-combative-richard-nixon.html?_r=1&gt;.