Mar 21, 2012 | Frivolous, personal injury, Tort Reform, trial attorney, Uncategorized
I haven’t blogged lately due to depositions, travel and general life, but had several issues which have been bumping around so lots to talk and comment about:
We are working on updating our website (I know — who knew that you have to update them more than once every 15 years and apparently spiders are good things). If you have any suggestions on must haves on a website let me know.
As I was driving my daughter to the airport at 5:00am drinking my coffee and listening to the sports radio about how Mario signed a deal for $100 million with $50 million guaranteed and Peyton was rumored to be signing a $95 million dollar deal I explained to my daughter that could have been me had I only been taller, stronger, faster, etc., etc. I was just as good a player as them if you factor in those few minor differences. Just like lawsuits. I know that most of you have experienced the “I have a friend who had a case just like this one and they settled it for (fill in the blank – but it is a lot).” Those darn minor differences kind of determine the true value of a case. A back sprain is not the same as being paralyzed and a 6’0” slow linebacker is not the same as a monster defensive end or all everything quarterback, BUT it does lead to another issue… which is why is it that people seem to have no issue with an athlete or actor getting paid millions of dollars for the job they do but those same people believe that compensating a family for the injury suffered because of someone else carelessness is somehow wrong. How much is the value of a mother, father, sister, and brother worth compared to how Mario or Peyton will do on Sunday? I am all for them being paid the value of their worth, but also would like to see the same value be paid to the family who has suffered injury or death because of someone else.
Anyway, back to my driving along drinking my coffee. I love coffee and I have some great friends who brought me some Columbian coffee which is amazing and may explain why my blogs are kind of a stream of consciousness event. Anyway, Jessica mentioned how hot the coffee was which brings me to the topic of Hot Coffee and McDonalds. You can see my prior blogs for a more in depth discussion, but for today I just want to remind you to check out the movie Hot Coffee (website link is http://hotcoffeethemovie.com/Default.asp). You can also get it on Netflix. Check it out and let me know what you think and if it changed your opinion on the case.
Big Oil – they are the problem with America – no wait that is trial lawyers. Why should they get to take our top billing? When I was last in Midland my nephew Todd asked if I had seen the movie spOILed. When I told him no, he went (actually he asked Laura to go) and brought me two copies of the movie, one to watch and one to share. Being the skilled negotiator I said sure, if you will watch Hot Coffee. Todd, I expect you to comment about what you thought about Hot Coffee. So we put the spOILed in and watched it at my brothers. Understand that I am in oil country here and I guess because I am a plaintiffs trial lawyer I must be liberal and hate oil companies (I really don’t fit any of assumptions of what I must think or be – so that make me like – most everyone). Anyway back to the movie. It is great and I highly recommend it to everyone. If you believe Big Oil is evil or if you believe Big Oil is great (don’t you love how it always Big Oil – see the movie for more information on that as well) see the movie. One thing that struck me is the actual profit margin for oil companies. I would tell you, but why ruin the movie. The other thing that struck me is how you could replace the term oil company with trial lawyer and most of the things said are familiar to those of us representing plaintiffs who have been injured or killed. Regardless of your opinion of oil companies, check out the movie and let me know what you think. Same with Hot Coffee, watch it, drink it and let me know about it.
Facebook- I have written about this before in the context of claims and litigation, but in the news today it was pointed out how some companies now request/require job applicants to allow them access to their Facebook page before they are hired and in many cases during the interview they are asked to log on so they can check it out. What do you think? If you are an attorney should you have a prospective client give you access to their Facebook and other social media pages before you decide to represent them? What about twitter accounts, etc. etc.? Is it acceptable or not? Why? If you think no problem, I don’t have anything bad on my account (or I deleted it before the interview), what about your friends account which might now be accessed as you have permission to see them (and now whoever is logged on as you can see your friends pages). What about that picture of you that you deleted or never saw, but your friend has it on their page? Facebook is it really your friend or just a twit?
What do you think about these issues? (other than man you need to cut back on the coffee)
Feb 14, 2012 | Uncategorized
CEO vs. Plaintiff Personal Injury Trial Lawyer
A CEO’s job duties include the following:
a. Determining strategy of how the company will progress;
b. Making sure that strategy is understood throughout the company;
c. Hiring and firing a group of personnel which can bring the strategy to life;
d. Creating a path for the company to get from strategy to realization of goal;
e. Setting budgets to manage the growth of the company while maximizing return;
f. Creating a net profit for the shareholders.
For this job major CEOs are paid millions of dollars upfront along with stock options, retirement plans and benefits. If the company fails to make a profit, the CEO is usually fired or resigns with a severance package, full benefits and stock options amounting to millions of dollars. This despite the fact he failed in his or her job and the company and shareholders lost money. Additionally, none of the money budgeted or spent came out of his or her pocket.
A Plaintiff’s personal injury trial lawyer job duties include the following:
a. Determining strategy of how a case will progress from intake through trial;
b. Making sure that strategy is understood throughout the firm;
c. Hiring and firing a group of personnel which can bring the strategy to trial;
d. Creating a path for the firm to get from strategy to resolution of claim through settlement or trial
e. Setting budgets to investigate and develop of the case while maximizing return;
f. Recovering damages for the client to compensate for injuries caused by others.
For this job personal injury trial lawyer is paid nothing upfront. They receive no stock, no options, retirement plans or benefits. If the attorney fails to make a recovery for whatever reason, he or she gets nothing. This despite the fact he or she paid for all expenses out of pocket which could result of tens of thousands of dollars spent. If they do receive an offer to resolve the claim, the client has the ultimate decision on whether to accept the offer or to continue to trial. If the case is resolved the attorney will receive a percentage of the recovery which the client has approved and which the client authorizes prior to the settlement being completed.
Instead of attacking the way personal injury lawyers are paid perhaps we should have the CEO’s work on a similar structure. I would think they could even take a base salary of a $100k (since most of them do not seem to have enough confidence in their ability to do it without a base as personal injury attorneys do on a daily basis) plus a percentage of profit generated.
If CEO’s did this maybe they would consider what is best for the shareholder and company as it would directly impact their salary. They would not be spending shareholder money on expenses which do nothing for the bottom line profit of the company and they would be more selective in the risks they are willing to take with the company money. It still isn’t directly their money, but at least it will have some impact on their salary.
So next time you hear about those greedy trial lawyers why don’t you see if the person would be willing to take the same compensation package and be willing to have full accountability to their customers/shareholders.
Feb 8, 2012 | Frivolous, health care, Insurance, obamacare, PETA, political parties, Susan G. Komen, Tort Reform
What to blog about? The requirement of the government to require companies to pay for insurance which is in direct conflict with their religious and moral beliefs, and how it conflicts with the separation of church and state? Planned Parenthood v. Susan G. Komen and change of their policy relating to funding of PP due to a social media backlash. Is that good or bad and doesn’t it really depend upon your perspective? Nope. Done that. Today I will address an issue which should be on the forefront of everyone in America. The slavery of killer whales. Yes. PETA has filed a lawsuit in California (is anyone surprised) claiming that SeaWorld is violating the 13th Amendment of the Constitution by having Killer Whales in their show. For those of you that have forgotten the 13th Amendment abolished slavery stating: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Ok so PETA wants it to apply to animals. I guess that preamble of: “We the people…” kind of slipped by them. So let’s follow this out. First if you are a PETA supporter aren’t you a little upset that some of your money is being used to fund this suit and what happens if PETA were to win? Wouldn’t you have to set free all your pets as they are being kept against their wishes? Wouldn’t the next step be that every animal would have to be set free and every animal killed would result in a murder charge? I am really at a loss to understand the logic here and why the Court did not dismiss it rather than take the arguments under advisement. All that did is give PETA (People Eliciting Tortious Acts) as opposed to PETA (People Eating Tasty Animals) some crazy idea that this has merit. So we now have a situation where a group is claiming that the killer whales are slaves and have rights and there is no social media outcry? Where are all the Planned Parenthood people? Why hasn’t PETA provided funding for PP and not wasted it on crazy cases like this? Is it because the mission statement of PETA and PP are not similar? That can’t be it because PP and Susan G. Komen mission statements are not similar. So where is the social media outcry? Where are the people claiming frivolous lawsuits? Where the heck did my country go? By the way My Party (see earlier post) is firmly against this misuse of the judicial system. What do you think?
Feb 1, 2012 | Uncategorized
I have seen facebook posts, blogs, etc. etc, both condemning and praising Susan G. Komen for deciding to stop their funding of planned parenthood. The stated reason is because Planned Parenthood is under investigation. Planned parenthood claims it is because of pro-life advocates. The question I have is why Planned Parenthood was ever getting money from Susan G. Komen for the Cure. The mission statement of Planned Parenthood is below and clear fertility management. Susan G. Komen is for breast cancer research and cure. I understand that Planned Parenthood has some clinics (I believe app. 17% ) do some mammograms, but it is not a part of their mission statement. Why can’t Susan G. Komen decide to stop funding to an entity under investigation and whose stated mission is not breast cancer research or cure? Susan G. Komen made a choice to not continue funding to a pro-choice group with a different mission.
I guess the question is –Is pro-choice only ok if it is the choice you decide?
Planned Parenthood Federation of America–Mission Statement: A Reason for Being
Planned Parenthood believes in the fundamental right of each individual, throughout the world, to manage his or her fertility, regardless of the individual’s income, marital status, race, ethnicity, sexual orientation, age, national origin, or residence. We believe that respect and value for diversity in all aspects of our organization are essential to our well-being. We believe that reproductive self-determination must be voluntary and preserve the individual’s right to privacy. We further believe that such self-determination will contribute to an enhancement of the quality of life and strong family relationships.
Based on these beliefs, and reflecting the diverse communities within which we operate, the mission of Planned Parenthood is
- to provide comprehensive reproductive and complementary health care services in settings which preserve and protect the essential privacy and rights of each individual
- to advocate public policies which guarantee these rights and ensure access to such services
- to provide educational programs which enhance understanding of individual and societal implications of human sexuality
- to promote research and the advancement of technology in reproductive health care and encourage understanding of their inherent bioethical, behavioral, and social implications
Jan 31, 2012 | democrat, health care, obamacare, political parties, Tort Reform, Voting
It’s my party and I’ll blog if I want to. Since I can’t seem to find a party I like, I decided to create my own. I actually had some other names for the party, but the cool ones were already taken, so I decided it is My Party. If you wish to join – you’re in and the name works because it will be your party (wait??- no ok, when it is your party and you tell people about it — you will tell them it is My Party so we are still good!!) Acknowledge your affiliation with My Party by forwarding it to others letting them know about My Party. At some point we may need to have a convention, which will probably consist of a grill and keg and selection of candidates.
My Party Platform
Flat tax everyone pays same. The dollar you earn is the same why not the tax. If you want to pay more great the tax form will have a line for additional contribution.
Pro-life if you don’t want a baby there is a way to avoid it.
Congress — If you pass a law then own it. If you really believe Obamacare is what’s best for the country then it should apply to you.
Obamacare should not require anyone to pay for contraceptives or abortion if they oppose it morally or religious.
Congress — Once you leave congress your salary ends. You’re not working for the country so you shouldn’t be getting paid.
If your title or job description has the title czar in it – it’s over. USA does not equal USSR. We elect not create positions by fiat.
Every agency should have a justification of its job and need.
Tort reform we have it – they are called juries. They hear the evidence and are in the best position to determine what is just –As in justice. An artificial cap on damages only impacts cases which have been shown to be requiring a verdict to correct harm.
No cap on salary if you can earn it through hard work power to you, but don’t be a hypocrite and support tort reform. Either you are for a free market or you aren’t
There is no “the problem was Bush, Obama, etc., etc.” The problem is America’s. Stop whining about what happened and start changing what is happening and what is going to happen. There is plenty of blame to go around so let’s move forward and do what has to be done.
Brent Carpenter – It’s My Party
