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We’re Not Litigious Enough (v. Government)

by Suzanne Reisig Olden

A curious but ground shifting phenomenon is occurring in the media.  Not the main stream media (MSM), but rather in the secondary and tertiary levels of alternate reporting media sources (ARMS).  ARMS individuals and writing cooperatives are now breaking the news in a very specific area of investigative research; that of monitoring local, state and federal governmental overreach.  And they have a lot to report; in an especially critical election year.  November is a mere few months away and, given the MSM’s apparent partisan twist to “news”, more people are turning to ARMS sites from which they are reviewing unfiltered information.

We provide an example of governmental overreach below, with an end explanation of why we chose to focus on a local example (as opposed to big government’s arrogant and intentional overstepping.)

News broken by:  Food Renegade blog   (Reported June 21, 2012)

Until August 11, 2011, Denise Morrison of Tulsa, Oklahoma, had lush green gardens covering a vast portion of her property.  Carefully designed, implemented and maintained beds of beautiful flowers, flourishing shade trees, lush full plants and bushes…  Until a neighbor complained about the height of her plants.  At her previous residence, Ms. Morrison had encountered similar issues with property garden codes so she carefully and fully researched her new home’s garden regulations to endure that she was not in violation of any of the applicable local ordinances.

Tulsa code states that plants may not be more than 12-inches tall unless they may be used for human consumption.  All of her plants were consumable.  Morrison intentionally grew such plants to holistically treat her diabetes, high blood pressure, and arthritis.  Her plants included stevia, vegetable plants and trees that bore fruits and nuts, among many other flora consumables.  She had photographic proof of her garden’s content and appearance. While not exactly the New York Botanical Gardens, her property’s blooms were lush, weed free and well maintained.

Nonetheless, she received a citation from the city for having overgrown (too tall) plants and trees on her property.   The judge, having heard the matter, postponed (heavy court schedule or Bahamian trip?) any decision in the matter for several months.  Three days after this hearing, Ms. Morrison woke to find city workers in her yard destroying her gardens and cutting down her trees, without her permission or that of the court.  After they left, her yard looked like a war zone, and now, not when it was occupied by loving and curative and shady plants, was it a neighborhood eyesore.  Not even the smaller plants, those well under 12 inches in height were spared the whacking.  Several months later, the court ruled in her favor; that her gardens were NOT in violation of any related city code.

A few additional components to this matter:   When advised of the code’s wording, the city workers destroying her gardens and plants replied, “We don’t care.”    Ms. Morrison even explained that she was unemployed and uninsured and these gardens were her only source of food and medication.  As opposed to requesting government assistance in the form of medical and food welfare, she had attempted to be self-reliant and grow her own food and medication.   It’s almost (?) as if the government would rather people become dependent on its seemingly bottomless coffers of public assistance monies than maintain self-sustainability.

So why did we choose an example of  local  governmental overreach?  The gradual degradation and loss of one’s basic freedoms and constitutionally enumerated rights always begins on a parochial level.  The divide and conquer theory of governance has a well proven historical track record of succeeding in the oppression of a people.   No Chicken Little perspective.  Simply that by becoming kowtowing ninnies, we tacitly allow the all-controlling Nannies.

Our Operatives: Street smart; info savvy.

As always, stay safe.

All Hail Twenty Ten! Top 10 Legal of the Decade/2010

Welcome to Twenty Ten!  We trust and hope our readers will enjoy a good new year! (We have to, as the latest Rasmussen poll states 72% of us believe 2010 will be better.)

Starting off this new year is our Top Ten of 2010 in various lawyer/legalprofessional-related categories – some fun, some data, all factual:

Vault’s Top 10 Law firms for 2010:  Peer voted (beginning with the top rated firm in the nation):

  • Cravath, Swaine & Moore
  • Skadden, Arps, Slate, Meagher & Flom
  • Sullivan & Cromwell
  • Davis Polk & Wardwell
  • Weil, Gotshal & Manges
  • Simpson Thacher & Bartlett
  • Cleary Gottlieb Steen & Hamilton
  • Covington & Burling
  • Kirkland & Ellis

 

Top 10 TV Lawyers:  The listing is for the 2000 through 2010 seasons:

10. Bobby Donnell (The Practice, Dylan McDermott

9. Barry Zuckerkorn (Arrested Development), Henry Winkler

8. Michael Cutter (Law & Order), Linus Roache

7. Sarah “Mac” Mackenzie (JAG), Catherine Bell (below left)

6. Dennis “Denny” Crane (Boston Legal), William Shatner

5. Harvey Birdman (Harvey Birdman, Attorney at Law), voiced by Gary Cole

4. Harmon “Harm” Rabb, Jr. (JAG)—David James Elliot

3. Ted Buckland (Scrubs),  Sam Lloyd

2. Patty Hewes (Damages), Glenn Close

And #1, the man himself, Jack McCoy (Law & Order), Sam Waterston.

Other top 10 lists of interest:

Top 2010 Law School Rankings

Top 2010 NYC and NYS Law School Rankings

JD Supra’s Lawyers & Legal Professionals Looking Ahead to 2010

Again, welcome back, <rolling up the arm sleeves>, it’s time to make Twenty Ten a powerful year.

Reminder: Add the 2010 copyright year on your publications, forms, contracts…!!

BNI Operatives: Street smart; Web savvy; 2010 geared.

As always, stay safe.

Your Firm’s Bottom Line: Increasing Advertising ROI

Happy Labor Day! – the one day most of us will take off from figuring out how to increase productivity and related earnings. But come tomorrow…

This week’s topic is all about your firm’s bottom line.

We’re increasingly approached about the legal marketing services we offer here at BNI and, an often cited question is – how does our primary line of work relate to marketing? At first glance, an odd combination – investigative work and marketing. Pondering it further, an investigator is trained to think analytically and to also be quite creative. We never have 100% foreknowledge of the result of any phone call, info inquiry or face to face situation. So why are some investigators more successful in their field than others? Curiosity is certainly a reason but the main factor for success is that we instinctively understand our audience. We have to. It is that simple. We often have less than a few seconds to give an impression and gain a person’s confidence.

So, who better to have on your marketing team than someone who has the ability to quickly assess a successful strategy?

Today, I’d like to offer some tips in selecting a good marketing strategy: (There are 3 ground rules)

1. If you see a wildly successful advertising campaign in a field different from yours, observe it closely. The ideas that can really boost your bottom line ALWAYS come from outside the box.

2. There is only one reason to spend money on marketing – revenue. (Creating a good public image comes from the quality representation your firm gives its clients.)

3. Look at your competitors’ marketing and advertising activity – and do the opposite. You have to stand out or you will pump in an endless stream of money into the tried but usually not necessarily true. (If your competitor has a big ad campaign – he/she a- started out with a smaller, unusual strategy and grew to that point or b- they are simply throwing away a lot of money very quickly or c- are unknowningly spending too much for what appears to be a great return.)

For an example of what not to do, (a real tv ad from March, 2008), view below. I’m sure this firm’s lawyers are sincere and deliver quality services to their clients, but the oral message and visual delivery do not match. If this ad is working for them, great – but it can be even more successul with a few of the above mentioned tweaks (and some technical ones – i.e., make sure the firm’s name is legible against the backdrop, scroll – as opposed to fix – your message continuously along the bottom, and, if you are going to show sample case clips – repeat only one or two scenes; four or five scenarios do not allow the viewer to internalize the critical message point.)

And on a final note, join LinkedIn, the world’s largest and growing social/business network. Feel welcome to request the previous Bulletin we ran on LinkedIn, as they have partnered in with LexNex to become the highest-rated online networking tool for lawyers in the world.

BNI Operatives: Street smart; Web savvy.

As always, stay safe,

Lina

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