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Your Lawyer’s Site, Content Recommendations and Advice

The Lawyer

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If we were all lawyers, we wouldn’t need any.  (Excepting, of course, the well-advised and -tested adage situation, “… fool for a client.”)

Frustration between a lawyer and  his/her client often arises from these two issues:

1.  The latter’s lack of familiarity with legal terminology/process and the attorney’s time constrictions towards explaining such.  It’s my experience that people are now self informing themselves before consulting with a lawyer.  That’s a good thing.  An informed client will more likely feel empowered and trust an experienced attorney.

2. Aside from the customary attorney bio(s) on a law firm’s site, there are no qualification verification links.

Addressing the first issue, that of legalese v. commonspeak: Recommendations for a lawyer’s resource page:

Difference Between.  Every day, Difference Between posts (or emails to subscribers) a sample of their incredibly comprehensive content, imparting  eponymous information.  Today’s serendipitous sample is: Difference Between:  Lien and a Levy.

NYS Unified Court System’s Glossary of Legal Terms.  Specific to New York but generally applicable to all States, this succinct, mini legal dictionary allows anyone to look up legal terms used in courts – from documents to procedures. Compiled specifically for the layperson, the NYS Glossary is easy to access, read and comprehend.

The Free Dictionary:  This site holds massive, categorized (legal, medical and financial dictionaries, as well as an encyclopedia, Wikipedia and standard dictionary/thesaurus) links.  (Visually, it could be a laid out a bit more appealingly but it works.  Well.)

On the second issue of qualification verification, potential clients ( having become more self-reliant in their search for quality legal representation) are not making experienced-attorney presumptions.  Post your quals on Martindale, Lawyers and LegalMatch.  From sole practitioner to international law firm attorney, these basic listings by themselves afford potential clients the assurance that their possible attorney of choice is, in fact licensed, experienced and in good standing.  (Obviously, more than 1-person practices vet their partners, associates, of counsels… But how often?)

We can easily drill down to more recommendations and advice on this topic but taking care of these two areas: effecting client self-reliance and quality assurance, is today, mandatory.

BNI: A step ahead.

As always, stay safe.

Witness Statements Done Right

Front end destruction to a Saturn automobile.

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Witness statements; seem simple enough. The attorney needs the incident/accident details; recorded in an accurate and concise manner. Often, however, it is the experience of both the seasoned field investigator and the harried trial lawyer to have obtained a witness statement only to realize later that it is not as comprehensive as he or she would have liked.

BNI’s founders sought to alleviate this concern for attorneys and conducted an in-depth review of witness statements obtained over the course of its decade in the private investigation field. After a careful study, we’ve created incident-appropriate Witness Statement Checklists for the investigative and trial law professional. This week, we’ve attached a Witness Statement Checklist relating to motor vehicle accidents.

WITNESS STATEMENT CHECKLIST (MVA)
This checklist contains items that must be addressed for a witness statement to be considered complete. One checklist per involved vehicle.

1. WITNESS PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info)

2. WEATHER CONDITIONS (including possible glare)

3. LIGHTING CONDITIONS

4. SURFACE CONDITIONS (roadways, shoulders…)

5. DEBRIS/CONSTRUCTION PRESENT

6. DESCRIPTION OF ROADWAY (# of lanes, travel direction, divider present…)

7. SIGN DEVICES/PRESENCE OF TRAFFIC AGENT

8. DIRECTION OF TRAVEL OF PARTICIPANTS (drivers/pedestrians…)

9. DESCRIPTION OF ACCIDENT (detailed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE DRIVER GOING?

12. RATE OF SPEED

13. FORCE OF IMPACT

14. DAMAGE TO VEHICLE (detailed)

15. POSITION OF OCCUPANTS

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RECEIVED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. POSITION OF VEHICLE AFTER IMPACT

20. SUMMONSES ISSUED

21. STATEMENT(S) MADE AT SCENE

22. ADDITIONAL WITNESSES

23. WAS THE VEHICLE TOWED?

Celebrity v. Average Joe/Jane Offenders and Police 10 codes

The recent Tiger Woods’ driving “incident” at his Florida estate has sparked quite the discourse among friends in the law enforcement, investigative and legal professions, focusing on:

Are celebrity offenders treated differently from the “average Jane/Joe” offenders? If so, how and why?

There was a general consensus (Congress: take note) amongst us that celebrity offenders are treated differently.  Weaving this agreement, with the how and why,  is no more a perfect example than the  past Friday Tiger Woods incident.  The facts, as we know them to be at this time, are:

1. Tiger Woods was driving his Lincoln Escalade SUV on his property at approx. 2:35 a.m. Friday and somehow hit a fire hydrant and his neighbor’s tree.  His wife, swinging a handy golf club, smashed out the vehicle’s window(s) to, purportedly, rescue her husband.

2. Although police arrived on the scene shortly after the incident, as reported by the Associated Press,  Florida State Troopers have been denied follow-up access to Mr. Woods three times, thus far.

3. At 2:00 p.m. today, via Twitter and his Web site, Mr. Woods, vaguely commented that he had embarrassed his family and “it” would never happen again.

4. His privately retained attorney, Mark NeJame, stated that Mr. Woods had complied with Florida requirements for this type of incident, which calls only for the presentation for review by police of the driver’s license, vehicle’s registration and proof of insurance.

Points 1, 2 and 3, while curious indulgences, don’t raise the questions that Point 4 smacks one over the head with.  I.e.  a) The tree was not on Mr. Woods’ property; the damage, thusly,  was to another’s property.   Did the neighbor simply accept the loss?  b) The on scene police investigation yielded that Mr. Woods was in serious condition and at times unconscious.  An RMA was obviously accepted by police, then why has the follow-up investigation by FSP not been allowed? (We may do things a bit differently here in NY but even as a CYA measure, a detective would have gotten a sign off on that issue.)  and c) Can a private citizen own a fire hydrant in Florida? If not, can Mr. Woods simply blow off the Florida State Police when municipal property is involved?

The voyeuristic appeal of the Tiger Woods case aside, it comes down to a call for fairness.  Had you or your neighbor or your son’s teacher, presumably all “average Joes and Janes”, crashed a vehicle into someone else’s property and taken out a fire hydrant, on the busiest news day, a local field reporter, shivering in her network provided strappy heels, would be busy earning a day’s salary hunting down an articulate neighbor to interview on camera.  On a really slow, uneventful day, she might even be on the scene with police still present, pointedly ignoring her questions.  The camera guy would have, at least once, panned over the offender’s mailbox or front door; wherever the (alleged) defendant’s address is posted. 

So why the difference in treatment?  I don’t think we, and certainly not the Florida State Police, will be satisfied until a complete investigation has resolved the matter.

Perhaps Mr. NeJame is preparing Mrs. Woods with the Bullwinkle defense.  That would certainly explain the club-wielding glass party.  Judge me guilty now, but I would have done the same under similar circumstances.

In the meanwhile, we’re sure the local crime reporters will continue to listen in to police radios, especially in celebrity enclaves. Well, we, along with celebrity news reporter, TMZ,  might as well all understand what is being transmitted.  Below are commonly used (generally) nationwide police 10 codes:

* 10-1 poor reception
* 10-2 good reception
* 10-3 stop transmitting
* 10-4 message received, affirmative, ok
* 10-5 relay this information to ___.
* 10-6 busy
* 10-7 out of service
* 10-8 in service
* 10-9 please repeat your message
* 10-10 negative
* 10-12 standby
* 10-13 civilians present and listening
* 10-15 en route to station with suspect
* 10-18 urgent
* 10-19 return to station
* 10-20 specify location/my location is ___.
* 10-21 place a phone call to ___.
* 10-22 disregard
* 10-23 stand by on this frequency (also “On scene” in some areas)
* 10-27 vehicle registration request
* 10-28 arrests/warrants on driver’s license
* 10-29 arrests/ warrants on the vehicle
* 10-32 gun
* 10-33 emergency traffic follows, hold routine messages
* 10-34 frequency open (cancels 10-33)
* 10-36 what is the correct time of day?
* 10-39 false alarm, premises was occupied
* 10-40 false alarm, no activity, premises appears secure
* 10-41 begin watch
* 10-42 end watch
* 10-45 fueling vehicle
* 10-49 en route to assignment
* 10-50 accident
* 10-51 tow truck needed
* 10-52 ambulance needed
* 10-53 road blocked at ___.
* 10-54 animals on highway
* 10-55 security check
* 10-57 hit-and-run accident
* 10-58 direct traffic
* 10-59 escort
* 10-60 squad in vicinity, lock-out
* 10-61 personnel in area
* 10-62 reply to message
* 10-63 clear to copy info?
* 10-64 message for delivery
* 10-65 net message assignment
* 10-66 net message cancellation
* 10-67 person calling for help
* 10-68 dispatch message
* 10-69 message received
* 10-70 prowler, fire alarm
* 10-71 gun involved, advise nature of fire
* 10-72 shooting, fire progress report
* 10-73 smoke report
* 10-74 negative
* 10-75 in contact with ___.
* 10-76 en route
* 10-77 ETA ___.
* 10-78 need assistance
* 10-79 bomb threat, coroner’s case
* 10-80 bomb has exploded
* 10-81 breathalyzer report
* 10-82 reserve lodging
* 10-83 work school crossing at ___.
* 10-84 if meeting ___, advise ETA
* 10-85 delay due to ___.
* 10-86 officer on-duty
* 10-87 pickup
* 10-88 present phone number of ___.
* 10-89 bomb threat
* 10-90 bank alarm at ___.
* 10-91 pick up prisoner
* 10-92 improperly parked vehicle
* 10-93 blockage
* 10-94 drag racing
* 10-95 prisoner/subject in custody
* 10-96 psych patient
* 10-97 check signal (“On Scene” in CA and other areas)
* 10-98 prison/jail break
* 10-99 wanted/stolen record
* 10-100 dead body
* 10-200 alarm

Bulletin’s site of the week: gizmodo.com. Best tech site online.

BNI Investigators: Street smart; Web savvy.

As always, stay safe.

Slip/Trip and Fall Intake Survey; New BNI Partner

We welcome our newest partner, retired NYPD detective, John Brown, to the BNI team.  After 23 years on the job, John decided to exercise  his retirement option and shift to the civilian equivalent of his police force investigative position.  We have been anticipating John’s arrival for several years, and in doing so, he has become very familiar with our SOPs.  Once again, welcome aboard, John!

On to this week’s Bulletin.

It’s time to  ”winterize” our firms/companies.  Slip/Trip and falls occur year-round, but snow and ice conditions up the number of these case types.  We review our intake surveys in the fall and mid-winter (as a reminder) and ensure that they’ve been updated.

(Obviously, when we receive this type of assignment, we are provided the client’s name, the date, time and location of accident.  We then go on to a more formal intake survey. Below is primary information required in a slip/trip and fall event.)

1. CLIENT PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info and emergency contacts)

2. WEATHER CONDITIONS

3. LIGHTING CONDITIONS

4. SURFACE DESCRIPTION (sidewalk, hallway, stairs…)

5. DEBRIS/DISREPAIR/CONSTRUCTION PRESENT

6. DESCRIPTION OF SURFACE (concrete, torn matting, tile…)

7. PRESENCE OF ANY WARNING SIGNS (e.g. wet floor cones, signs…)

8. DIRECTION OF TRAVEL OF PARTICIPANTS (northbound, descending steps…)

9. DESCRIPTION OF ACCIDENT (detailed, including, for exterior falls in snow and ice, how long the condition had existed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE CLIENT GOING?

12. RATE OF WALK (normal gait, walking briskly… )

13. TYPE OF SHOES WORN

14. CONDITION OF SHOES (new, good, worn.. )

15. DOES THE CLIENT STILL HAVE THE SHOES?

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RECEIVED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. STATEMENT(S) MADE AT SCENE

20. ADDITIONAL WITNESSES

21. DOES THE CLIENT KNOW OF ANY OTHER SIMILAR PRIOR INCIDENTS AT SAID LOCATION?

22. HAD THE CLIENT COMPLAINED TO MANAGEMENT OF EXISTING RELATED CONDITIONS?

23. DOES THE CLIENT KNOW OF ANYONE ELSE WHO MAY HAVE MADE SIMILAR PRIOR COMPLAINTS TO MANAGEMENT?

24. COPY OF CLIENT’S LEASE.

25. MANAGEMENT INFORMATION, IF KNOWN.

26. MUNICIPALITY INVOLVED?

Additional related searches you may opt to have your investigator conduct: real property search, weather check and prior incidents (lawsuits filed for similar situation v. the same property owner.    Rarely, in these cases, do our clients ask us to conduct a financial background check on their clients (to determine if there are active liens, judgments, bankruptcies.. .), preferring to question their own clients on this matter.  We do however have that capability and generally, that type of search, pending the case level, should include joint (spouse) information.

BNI Operatives: : Street smart; web savvy.

Police To Blame For Dearth of 911 Calls?

Two seemingly unrelated major NY news pieces this past week:

1. Diane Schuler, the mom traveling the wrong way on the Taconic Parkway, killing 8 people in her car and the vehicle she crashed into head on. 

2. The NYPD has been recording the cell phone numbers of people calling 911 since 2003, creating a database of millions of cell phone numbers and tracking their owners in past and future investigations. 

The connection: According to the Schuler family defense attorney, Dominic Barbara, the NY State Police should have tried to intercept the Schuler vehicle the moment the first 911 call came in, considerably well  before she traveled 60 miles the wrong way.  The news of the NYPD cell phone collection has caused an uproar with many citizens protesting, along with what the civil liberties organizations are calling of a skirt-around-a-warrant maneuver by the police, stating they now would not call 911 in an emergency involving others, citing privacy concerns.  To revert to the initial article, this is going to be an interesting situation to follow if a grand jury is impaneled, considering the only person who could possibly have been criminally charged would have been the deceased driver, Diane Schuler. 

Today is voting day up on the Hill re: health reform. 

Find Thy Elected Officials:   Just type in your zip code and this site will supply you with the names and contact information for your legislators from the state level up.  This is a two click site with a host of other relevant features.

As always, be safe.

Happy Columbus Day To All!

 columbus-day 

 

 

 

 

 

 

 

 

 

 

For those you fortunate enough to have the day off, relax and play our game.  Based on the above landing of Columbus depiction: please identify:

1. the judge

2. the defense attorney

3. the prosecutor

4. the defendant(s)

5. the case.

Most original wins.  We’ll have our response in tomorrow’s edition of our regular Beacon Bulletin, pushed back one day for holiday observance.  (We’ll also be announcing our new online order form capability and toll free numbers.)

Safe and healthy all,

The BNI Crew

A Lawyer’s Personal Blog v. Rules of the Bar

We’ve posted several blogs that have addressed one’s public online presence (what we refer to as your “Netface”).  We’ve advised new bloggers to maintain their personal information (pics of the house, with the address clearly visible, phone numbers… ) off of the blogosphere.  We’ve cautioned job seekers with a wild frat/sorority past, captured on pics or video, to try to clean up that history. 

Recently, however, we came across a NYT article that outlined the outcome of a lawyer’s blog  rant regarding  a judge with whom he’d had an unpleasant (courtroom) encounter.  You are correct if, based on “rant”, you’ve presumed the blog was written in a very negative tone. 

The situation:  Sean Conway was steamed at a Fort Lauderdale judge, so he did what millions of angry people do these days: he blogged about her, saying she was an “Evil, Unfair Witch.”

But Mr. Conway is a lawyer. And unlike millions of other online hotheads, he found himself hauled up before the Florida bar, which in April issued a reprimand and a fine for his intemperate blog post.

Upshot:  In Mr. Conway’s case, the post that got him in trouble questioned the motives and competence of Judge Cheryl Aleman, and appeared on a rowdy blogcreated by a criminal defense lawyers’ group in Broward County.

All I had left were my words,” Mr. Conway said, adding that he decided to use the strongest ones he had.

Mr. Conway initially consented to a reprimand from the bar last year, but the State Supreme Court, which reviews such cases, demanded briefs on First Amendment issues. The American Civil Liberties Union of Florida argued that Mr. Conway’s statements were protected speech that raised issues of legitimate public concern. Ultimately the court affirmed the disciplinary agreement and Mr. Conway paid $1,200.

Last word:   For his part, Mr. Conway noted that the judge he criticized was reprimanded last year by the Florida Supreme Court, which affirmed a state panel’s criticism of what it called an “arrogant, discourteous and impatient” manner with lawyers in another case. (Judge Aleman did not return calls seeking comment.) Mr. Conway said his practice was “probably enhanced by the experience” of going public.

But the State Supreme Court ultimately concluded that his online “personal attack” was “not uttered in an effort to expose a valid problem” with the judicial system. And so, the court concluded, the statements “fail as protected free speech under the First Amendment.”

Your call: ethical violation or execution of the blogger’s 1st Amendment right?

On a lighter note, a lawyer, who shall remain nameless, asked and received permission to delay a case based on a funeral.  Well, the funeral mention did appear on his Facebook page, so did the next days of relentless mojito-drinking, drunken binges…  Rule 1: Don’t “friend” the judge in your case (or your boss, in general) and Rule 2: Don’t status your night out in MePa, post your first skyjump lesson pics or poll your friends re: a sex change operation consideration on Twitter or Facebook when you are supposed to be grieving, sick or out of the country on a family emergency.

BNI Operatives; Street smart: Net savvy.

As always, be safe.

“Best Lawyer”; Ethics Violation. Your “Netface”, Part 1/2

This week’s Bulletin is short and to the point.  Monitor your firm’s Netface (your site, your social networks and other postings).  (This week’s post applies to anybusiness, not just legal firms, as well as to most individuals online.)

Wishing to achieve or remain on the tech/new media edge, it seems that everyone has a personal or business website and a LinkedIn, Facebook and Twitter account.   What we call your online presence, or Netface.  Make no mistake, your firm must be on the web map.  Not having a professional and updated Netface can make your practice appear antiquated, irrelevant or under-enthused. 

It’s also in your firm’s best interest to keep an eye on your postings.

Social Networking Tips:

LinkedIn- Of course it’s nice to receive a glowing recommendation from a client.  Edit before you post.  “Best lawyer”, “Most knowledgeable lawyer in product liabilities” and “Use ________, Esq. Guaranteed results”, will come back to haunt you.

FaceBook – Do NOT “friend” or “poke” potential witnesses.  It doesn’t look good at all.

Twitter – Filter your followers.  A rival, investigator or dissatisfied former client can a) determine your marketing and sales strategies and relative income/client base, b) follow your whereabouts and gather other  personal info that you would rather strangers not know and and c) potentially slam your account into a spamming nightmare. 

No need to be paranoid; just vigilant.

Next week, in the second part of our “Netface” series, we’ll review law firm marketing videos:  the good, the bad and those barely making the bar.

TIP OF THE WEEK FOR SUBSCRIBED USERS:  THOUSANDS OF LAW FIRMS ONLINE.  HOW DOES YOURS GET TO BE ON GOOGLE’S PAGE ONE?  (available only in your email Bulletin version)

BNI Operatives: Street smart: Web savvy.

As always, stay safe.

911 Transcripts Decoded – What Is a 10-86 or 10-100??

Occasionally a trial lawyer will have the need to read 911 transcripts. Certain information, such as caller’s identity, addresss and reason for the emergency call, may come across clearly but other embedded code correspondence may not. This week, we provide you with a list of ten codes – cop lingo for their field activity.

A brief history of ten codes: Ten-codes, properly known as ten signals, are code words used to represent common phrases in voice communication, particularly by law enforcement and in Citizen’s Band (CB) radio transmissions. Ten-codes were developed in the 1940s at a time when police radio channels were limited, to reduce use of speech on the radio. Credit to the originator goes to Charles “Charlie” Hopper. He was the Communications Director at the Illinois State Police, District 10, located in Urbana, Illinois. Hopper was involved in radio for many years and saw a need to abbreviate radio transmissions on State Police bands. The codes were expanded in 1974by the Association of Public Safety Communication Officials (APCO. They have historically been widely used by law enforcement officers in North America.(www.wikipedia.com)

10-Codes:

* 10-1 poor reception
* 10-2 good reception
* 10-3 stop transmitting
* 10-4 message received, affirmative, ok
* 10-5 relay this information to ___.
* 10-6 busy
* 10-7 out of service
* 10-8 in service
* 10-9 please repeat your message
* 10-10 negative
* 10-12 standby
* 10-13 civilians present and listening
* 10-15 en route to station with suspect
* 10-18 urgent
* 10-19 return to station
* 10-20 specify location/my location is ___.
* 10-21 place a phone call to ___.
* 10-22 disregard
* 10-23 stand by on this frequency (also “On scene” in some areas)
* 10-27 vehicle registration request
* 10-28 arrests/warrants on driver’s license
* 10-29 arrests/ warrants on the vehicle
* 10-32 gun
* 10-33 emergency traffic follows, hold routine messages
* 10-34 frequency open (cancels 10-33)
* 10-36 what is the correct time of day?
* 10-39 false alarm, premises was occupied
* 10-40 false alarm, no activity, premises appears secure
* 10-41 begin watch
* 10-42 end watch
* 10-45 fueling vehicle
* 10-49 en route to assignment
* 10-50 accident
* 10-51 tow truck needed
* 10-52 ambulance needed
* 10-53 road blocked at ___.
* 10-54 animals on highway
* 10-55 security check
* 10-57 hit-and-run accident
* 10-58 direct traffic
* 10-59 escort
* 10-60 squad in vicinity, lock-out
* 10-61 personnel in area
* 10-62 reply to message
* 10-63 clear to copy info?
* 10-64 message for delivery
* 10-65 net message assignment
* 10-66 net message cancellation
* 10-67 person calling for help
* 10-68 dispatch message
* 10-69 message received
* 10-70 prowler, fire alarm
* 10-71 gun involved, advise nature of fire
* 10-72 shooting, fire progress report
* 10-73 smoke report
* 10-74 negative
* 10-75 in contact with ___.
* 10-76 en route
* 10-77 ETA ___.
* 10-78 need assistance
* 10-79 bomb threat, coroner’s case
* 10-80 bomb has exploded
* 10-81 breathalyzer report
* 10-82 reserve lodging
* 10-83 work school crossing at ___.
* 10-84 if meeting ___, advise ETA
* 10-85 delay due to ___.
* 10-86 officer on-duty
* 10-87 pickup
* 10-88 present phone number of ___.
* 10-89 bomb threat
* 10-90 bank alarm at ___.
* 10-91 pick up prisoner
* 10-92 improperly parked vehicle
* 10-93 blockage
* 10-94 drag racing
* 10-95 prisoner/subject in custody
* 10-96 psych patient
* 10-97 check signal (“On Scene” in CA and other areas)
* 10-98 prison/jail break
* 10-99 wanted/stolen record
* 10-100 dead body
* 10-200 alarm

Bulletin’s site of the week: gizmodo.com. Best tech site online.

BNI Investigators: Street smart; Web savvy.

Stay safe,

Lina

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