Sometimes I wonder why people don’t pay more attention to the daily news, which frequently reports accidental cop killings. It’s something that occurs on a regular basis and all we do is shake our heads and say, “Not another one!” However, what if a civilian mistakenly shot a passersby? They’d face a trial and most likely a lengthy conviction.

In fact, even if a civilian is defending their home after a burglar steps inside, if they kill the intruder…they go to jail. For example, in the movie Felon, starring Stephen Dorph, the story centers around a man who commits murder in order to protect his home and his wife from a a burglar and winds up in one of California’s most dangerous prisons for years.

Meanwhile, cops are out shooting folks and they get suspended with pay, at best. There are so many cases of this that I can’t begin to write about each one, including the incident that will probably happen again tonight, however, I would like to mention yesterday’s shooting. On Tuesday morning, October 28, 2008, in Anaheim, California, newlywed Julian Alexander stepped outside his home to confront suspected burglars and was shot by cops in a “case of mistaken identity,” stated police. As a result, the innocent man died after taking two bullets to the chest by the officer chasing four burglary suspects.

Police Chief John Welter said the officer ran into Alexander, mistook him for one of the four juvenile suspects and shot him.

“The last thing we ever want to do, No. 1, (is) take somebody’s life,” he said. “And we certainly don’t want to take the life of someone who is mistakenly believed to be involved in some criminal activity.”

“He was a good kid, trying to protect his house,” said Alexander’s mother-in-law Michelle Mooney. “And the police, instead of asking questions, they just shot first. Somebody has to be held responsible for this.”

Held responsible if it’s a cop? Please! The 10-year veteran is suspended on paid leave pending an investigation.

“It’s mistaken identity, but that doesn’t bring my son back,” said Alexander’s father Jerry.

Popularity: 2% [?]

Appealing a case isn’t cheap. However, we’ve got some good news for individuals wanting to appeal! The State Supreme Court of Washington ruled on October 30 that attorney fees awarded to a person who successfully appeals a ruling by an administrative agency will triple.

The case came about when Kathie Costanich, a foster parent whose license was revoked by the state Department of Social and Health Services (DSHS), appealed the revocation in Superior Court. Awarded $25,000 in attorney fees, the max allowed by law but only a fraction of the $160,000 billed by attorneys, Costanich was eventually awarded $46,239 for fees by the state Court of Appeals.

DSHS didn’t like that at all. Claiming that the state Equal Access to Justice Act capped attorney fee awards at $25,000 for all stages of judicial review, the Supreme Court ruled that the cap is $25,000 each for the trial, the appellate level and the Supreme Court.

Popularity: 2% [?]

We are hearing more and more about same-sex couples getting hitched in the state of California. Although it was recently made legal, protesters pushed for the issue to go on the November ballot. Voting as to whether a same-sex couple has the right to wed, in my opinion, seems pretty “stone age.” Why the majority has the right to decide if a same sex couple marries is absurd. Shouldn’t it be up to the actual couple? Just like the abortion issue, I think that if you are against it, don’t do it. However, you really shouldn’t be allowed to dictate what others do, regardless of your beliefs.

While Cali is about to come face to face with the same-sex marriage issue, there is also a debate across the country as to whether or not a same-sex couple has the right to adopt a child. In most states, they don’t…yet! However, in Connecticut, same-sex couples are now eligible for adoption and that’s something to celebrate. Legal recognition for both parents have been gained and my hope is that other states will soon follow. Just like when segregation laws collapsed, times are changing and people are being asked to open their minds and hearts, allowing the transformation of a new idea, which gives those who are “different,” equal rights that offer the chance at a happily ever after.

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Nasty blogging is the wave of the future! Unfortunately, anyone can write almost anything online and not even acknowledge who they are. Therefore, you can get slammed and once any kind of slander hits the Web, it’s floating around in cyber space for life. The question is: Can you do anything about it?

According to The National Law Journal’s Joel Cohen & Katherine A. Helm, “47 U.S.C. 230(c) confers broad protection for both the blocking and screening of offensive material. As interpreted, it basically gives blanket immunity to blog owners for most speech by third parties, whether prescreened, automatically posted or later removed.

“The “Zeran rule” is that the blog author/owner cannot, except in very limited circumstances, be held liable if an anonymous commentator posts the harmful information. This holds true whether the owner is an individual running a blog in his basement, or the New York Times Co. outfitting its online edition with blogs or article comments.”

Therefore, while an actual blogger can be held responsible, the publication is liable-free. The blogger’s bashing may be ordered to get taken down, but let’s keep it real…once material online has been out there for a while, it can pop up like magic, regardless of the material’s removal.

Basically, the law hasn’t caught up to the web regarding slander, yet. The only real defense is to take the “cyber law” into your own hands. What does that mean exactly? Slander back…or threaten a retaliation. Words can be brutal and when it comes to the worldwide Web, no one should throw stones from glass houses.

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After getting into some serious trouble, David Bershad, a former senior partner at Milberg Weiss, now called Milberg, is hoping to bypass a prison sentence. Although he admitted to conspiracy to obstruct justice and making false statements under oath during employment at the firm, Bershad is begging for a “prison-breaker” since he assisted the government in building a case against the firm.

“Bershad gave the government the most complete view of the nature, scope, and history of the conspiracy that the government obtained from any source,” prosecutors said in court papers.

Stating that he identified paid plaintiffs in Florida and bonuses that were used to reimburse partners for their contributions to those kickbacks, Bershad gave away inside info regarding Weiss and all the others. Thus, he hopes not to be sentenced to 18 months, which was recommended by the U.S. Probation Office, according to papers filed on Monday.

Sentencing is scheduled for October 27 and I’m sure he is nervous. But should he get a break?

“After a great deal of soul searching, I realized that I had not only broken the law but my solemn oath to uphold it,” Bershad wrote in his own letter to U.S. District Judge John Walter of the Central District of California, who is overseeing the case. “My wrongful acts were in direct conflict with my own values of honesty and integrity.”

Popularity: 9% [?]

The high court is officially going green! Taking on five environmental cases for decision…it looks as if environmentalists should be cracking open the champagne and toasting. After several decades of pushing for people to get involved, with the courts now taking cases over such issues, change is obviously in the air.

According to Marcia Coyle at The National Journal, “traditional antagonists in these high court cases, environmental and business groups do seem to agree on at least one thing: The five pending cases are likely to be especially revealing of the still-emerging Roberts Court in an area of increasing national and international concern.”

The five cases presented in court will push the government to enforce the nation’s major environmental laws despite rejections from big businesses. In short, that means that environmentalists aka “the little guy” are beginning to stand up and have a voice when it comes to the law.

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There’s gotta be something in the water in Central Ohio. And sometimes the law is like a game in a Vegas casino. While murderers and definitely pedophiles don’t always get the book thrown at them, a 15-year-old girl did. Accused of taking nude cell phone photos of herself and sending them to high school classmates, police arrested her on Friday and held her over the weekend.

Now, what that will do to a young girl going through puberty who is exploring her sexuality, uncertain about what is deemed “appropriate” versus “inappropriate behavior,” is unimaginable. I’m guessing she is feeling pretty badly about herself right now and sometimes those type of things can last indefinitely. On Monday, the girl entered denials to juvenile charges of illegal use of a minor in nudity-oriented material and possession of criminal tools.

A spokeswoman for the Ohio attorney general’s office said that although an adult convicted of “child pornography” charges would have to register as a sexual offender, a judge would have flexibility on the matter with a convicted juvenile — Oh, gee, thanks! How compassionate.

The people wasting everyone’s time pursuing this are 1.) causing severe damage to a teen girl and 2.) using taxpayer’s money for a case that does no one any good. Rather than bring down a teenager who snapped a few photos of herself, they should go after the REAL child pornographers who abuse kids and get away with it.

In short, everyone involved in this case should be ashamed of themselves! A prosecutor says Licking County authorities are also considering charges for students who received the photos. However, I think the teen being charged should file a suit, defending herself against lunatics trying to bring her down, emotionally and mentally.

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There are many different qualities that people assume make a lawyer a good one. Most commonly, people think the top five qualities of a top lawyer are:

1. The number of cases they’ve won.
2. The high amount of money they make (and thusly charge).
3. The nature of their defence and prosecutorial techniques.
4. The number of high profile clients they have.
5. The ability to charm a jury and the media.

However, the true qualities of a top lawyer do not include any of the above five examples. Those qualities are the perception of a top lawyer, but it isn’t what you would look for in a lawyer if you were to require one to try a case for you or a loved one.

Excellent lawyers have a very different set of skills that make them a top lawyer, and chances are they aren’t rich, don’t have high profile clients, don’t have a reputation for being ruthless and likely have a high moral reputation instead.

Let’s look at the top five qualities of a top lawyer that will help you choose one should you require their services.

1. Good Communication Skills
A top lawyer will have excellent communication skills - not just to wow a court room, charm a jury or appease the media, but also to converse with their clientele of any gender, religion, race, color or creed, discuss issues with other lawyers, perhaps even the opposing lawyer in a court case. Communication skills are expansive and are a pinnacle quality of a top lawyer.

2. Consistency, Persistency and Reliability
A top lawyer will be consistent and reliable. You should have access to your lawyer to speak with him or her on a regular basis without being waylaid by their secretaries at every turn. Reliability is important to ensure that your lawyer will do what they say they will do, and that their methods within your case are consistent. Your lawyer should be persistent in championing for you (their client) and what is in your best interest and the best interest in upholding the law.

3. Logical and Knowledgeable
Any lawyer should possess logical thinking skills - the ability to work through issues in theory and logically deduce the best course of action. They should be able to think ahead of the game and be knowledgeable about their client, the case, the opposition and of course, the law.

4. Value for Money
A top lawyer does not necessarily need to charge an exorbitant fee. A top lawyer should, instead, deliver value for your money. Fees should be in line with the services they offer and should be reachable, affordable and unquestionably clear.

5. Accepts their weakness and is able to ask for help
No one, not even a top lawyer, has all the answers all the time. Therefore, it is important that a lawyer be able to accept and acknowledge their weaknesses in order to perform at their highest abilities. A top lawyer will be able to ask for help when they need it, from whatever source is best to receive the answer. Putting pomp and circumstance aside, as well as ego and pride, a top lawyer is not afraid to admit they just don’t have an answer but does promise to find one and then works hard to do so.

Today, it can be difficult to wade through the popular opinion of what makes a top lawyer in order to find one that truly has the skills, traits, personality and ethics that make a lawyer an excellent practitioner.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

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For some people, the thrill of the negotiation is akin to the thrill the rest of us receive on a giant roller coaster. When asked why they majored in business, droves of successful businessmen routinely answer, “to negotiate.” The key, of course, to successful negotiating is knowing when you have your opponent on the ropes. Being able to tell if someone is lying is important if you are a judge, a poker player or a Fortune 500 Company CEO. Let’s take a look at some aspects of lying that can give you the upper hand at the negotiating table.

There are two types of business negotiations, casual and intense. A good negotiator knows how to look for tells in both kinds of negotiations, and there are quite a few things that show up no matter what. The first, and the most clichéd, is a nervous tick of some sort that the opponent doesn’t even realize he or she is doing. It could be taking a drink of water, touching their ear, a funny sounding laugh, anything. It is your job to look for patterns to find behaviors that the person across from you is doing over and over again.

Another revealing point that many people have is using extreme sarcasm when asked a question. Instead of simply saying no, or telling you that their company wouldn’t possibly do that, their voice raises several octaves and they feign surprise or use exaggerated body language. If you listen closely when this happens, they seldom deny the accusation you just made. They instead choose to make light of it. This is a common tell that most people don’t even realize they are making.

Sudden changes in posture or facial expressions are often common aspects of lying. If the person on the other side of the table tells you something than suddenly crosses their arms and sits back while dramatically exhaling, it could simply mean that they are tired and in need of a break, but if this behavior happens several times during a single negotiation, it could be a sign that he or she is lying.

Probably the most reliable sign that someone is lying is a sudden increase in anger or defensiveness. It is the most common physical manifestation of lying since it is natural for the liar to try to deflect or project their insecurities on to the person that they are speaking with. If you notice a sudden outburst or a sudden accusation lobbed at you for no apparent reason, that’s a good sign that they are lying. If a negotiation does this on a regular basis, it is safe to assume they aren’t very good at their jobs.

Finally, if you feel like you’ve gotten into a negotiation with a seasoned pro, you might have to look for tiny tells like blinking or the amount of perspiration the other person is doing. A good negotiator knows their own signs and learns to cover them up. Ask any frequent poker player - a tell can ruin your hand or your negotiation in a heartbeat.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 7% [?]

Switching it up in the U.S. Supreme Court after a term where major issues involving guns and the death penalty were a regular chain of events. Now, according to staff writer Marcia Coyle at National Law Journal,  it appears that this term around, the issues are going to be a little less heated. Topics such as the environment, business, injured consumers, job bias victims, and the law enforcement are what matters most.

So, will this create a less stressful courtroom? She says yes, I say no.

We shall soon see…

And after the justices hold their summer conference meeting on Sept. 29 where they generally add cases from more than a thousand filed during the summer months, things may take a change and death penalty cases could appear yet again.

Still, for some, issues like the environment are worth dying over.

The bottom line is that when it comes to the court of law, nothing is drama-free.

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