Cour Calls a 40% Real Estate Attorny Fee Defensible!!!

A 40 percent contingency fee negotiated by a Manhattan law firm retained by the widow of a real estate developer involved in a multimillion-dollar estate dispute was not "unconscionable on its face," an appeals court ruled yesterday.

The court said that "at first blush," the 40 percent fee - worth about $42 million - that was claimed by the law firm, Graubard Miller, from Alice Lawrence, the 83-year old widow of the real estate developer Sylvan Lawrence, "might arguably seem excessive and invite skepticism."

But a majority of the five-member panel of the court, the Appellate Division of State Supreme Court in Manhattan, ruled that whether the fee was reasonable should be determined at a trial, based on a further exploration of the discussions that led to the fee agreement and the difficulty of the case.

In a dissent of justice, James M. Catterson, called the fee "exorbitant." He said that the retainer agreement was signed when a $60 million settlement offer was already on the table. The estate was settled just five months later for more than $100 million, the judge said, meaning that the law firm's fee was almost equal to the additional amount it won.

Mark Zauderer, a lawyer for the firm, said in a telephone interview that Graubard Mille was delighted with the decision, which was issued in response to Mrs. Lawrence's appeal of two decisions in Surrogate's Court.

Mr. Zauderer, said that the fee had been justified by the law firm's success in winning about $115 million for Mrs. Lawrence against Seymour Cohn, her husband's brother, business partner and executor - against an adversary who, he said, was "extremely wealthy and well defended."

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Presidential Candiate Mitt Romney Seeking To Cap Medical Malpractice Attorneys!!!

Republican presidential candidate Mitt Romney called last week for capping medical malpractice lawsuits, a point that drew loud applause at an Iowa medical school. Romney focused on health care in an address to some 500 students and faculty at Des Moines University.

As governor of Massachusetts, Romney pushed through a plan aimed at reducing the ranks of uninsured in Massachusetts, a group once estimated at up to 500,000. Massachusetts residents had until last Thursday to sign up for health insurance or face possible penalties - a milestone Romney's rivals gleefully noted.

"I believe we have to enact federal caps on non-economic and punitive damages related to malpractice," Romney said. "These lottery-sized awards and frivolous lawsuits may enrich the trial lawyers but they put a heavy burden on doctors, hospitals and, of course through defensive medicine, they put a burden on the entire health care system."

Romney also would encourage states to create health courts with judges experienced in handling medical liability cases and would ask states to adopt sanctions against lawyers and others who repeatedly file frivolous malpractice claims. "We've got to reign in the incessant cost of medical liability," he said.

"If you don't have insurance you get charged $100 on your tax bill," he said. "So people are going to start buying insurance." Anyone lacking insurance coverage on Dec. 31 will lose the personal exemption on their state income tax filing next spring, equal to $219. If they remain uninsured into 2008, they will be taxed up to 50 percent of the cost of the least expensive private insurance plan - an estimated hit of at least $150 a month.

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Tax Attorney Offers Advice For Business Tax Problems!!!

In 2006, payroll taxes accounted for $840 billion of federal revenues, or 35 percent. That's a big chunk of revenue, and according to Clifford N. Ribner, a tax attorney in Tulsa, Oklahoma, it means that the IRS is watching payroll taxes very, very closely.

"Everybody makes mistakes," Ribner said. "If you missed filing or paying payroll taxes for one period, you may have thought it wasn't a big deal. Truth is, the IRS considers it a very big deal, and you can find yourself in debut up to your eyeballs pretty quickly when fines, penalties, interest and fees start piling up."

That's what happened in Newton, Mass. Thanks to a couple of mistakes on telephonic transfer systems, the city ended up not paying sufficient payroll taxes in October 2006 and March 2007, which resulted in $237, 700 in fines. It was only with the help of a good tax attorney that they were able to get part of the fine reduced from $177,439 to $43,988. Nobody intends to get into five-or-six figure debt with the IRS. However, if it happens, Ribner has some advice for businesses on finding a good tax lawyer.

"The first thing you have to know is that you can't go with a regular lawyer," Ribner said. "Tax law is a very complicated field of law, and you need somebody that's specialized in that to go to bat for you against the IRS. Taking one or two tax law classes in school doesn't count."

Ribner suggests setting sights on a lawyer that graduated from a highly rated school of law, such as NYU. It's even better if the lawyer has an LL.M. in taxation, which is a mater's law degree specializing in tax law. Ideally, he'll also have litigation training and experience, to most effectively represent businesses in the inevitable controversy with the IRS about payroll tax noncompliance.

"You also want a lawyer who stays current in their field," Ribner said. "Laws are always changing, and you don't want to put your business in the hands of a lawyer who's behind in the times."

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Heather Mills Dropped By Her Divorce Lawyers!!!

The sacking of Heather Mills by her lawyers Mischon de Reya means that her divorce wrangle with Paul McCartney is now all but certain to go to trial. The loss of her lawyers means that Ms. Mills may now have to act for herself in the complex negotiations unless she can find another law firm willing to represent her.

Unless she accepts the offer on the table - which looks unlikely - a trial is set for February. A spokesman for Mishcon confirmed today that they were no longer acting for her but decline to say why or who had sacked whom. But Ms. Mills' recent outbursts on UK and US television, in breach of an agreement, at least pending the negotiations, not to make public comments about either the couple's marriage or their daughter, Beatrice, has effectively released the lawyers from their undertaking to act for her.

There has been speculation that Ms. Mills lawyer, Anthony Julius, could not continue with the case for personal reasons after the tragic loss of his wife, the journalist Dina Rabinovich, from cancer two weeks ago. But this is not thought to be a factor.

Rather, it is Ms. Mills' recent behavior, in defiance of both legal advice and an undertaking given during the curent proceedings not to speak out, that has triggered the move. Her intransigence in recent negotiations, described by one legal source as "very difficult indeed," would not have endeared her to the Mischon legal team. But that alone would not have been reason for ceasing to act.

The stumbling block in the recent unsuccessful settlement hearing was the requirement by Paul McCartney that his former wife agree not to discuss their marriage. Ms. Mills in recent days has publicly blamed McCartney and his lawyers for blocking a settlement. But it is thought to be her own insistence on freedom to expose details of the marriage that is the barrier to a deal.

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Involved In Auto Accident: Seek Auto Accident Lawyer!!!

Thousands of people are injured or killed every year in car accidents, and car accident figures have reached such numbers that they are thought to become the main cause of preventable death over the next fifteen years.

Road accidents are the most popular cause of personal injury claims, and whether you were the driver or passenger in a car accident, or even if you are a pedestrian involved in a car accident, you could be entitled to compensation for pain, suffering and injury caused by a road traffic accident that was not your fault.

Some of the claims that you may be able to make include:

Claims against an uninsured driver, claims for serious injuries, claims for medical expenses caused by a car accident, claims for loss of income, claims for defective vehicles, and claims for pedestrians involved in car accidents.

Over recent years, many specialists firms have come into operation offering legal assistance for those involved in a car accident that was not their fault. The potential for claiming compensation for a car accident that was not your fault and caused injury or harm is high. Traditionally, these costs were covered by just the insurance companies. However, specialist law firms can get you compensation for all losses such as medical expenses, loss of earnings, and harm caused by the accident.

In addition to this, these car accident law firms can help in situations where the person at fault was not insured and therefore cannot pay through the insurance. When you seek legal assistance in order to claim compensation following a car accident that was not your fault, you may have to provide medical evidence.

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Injury Lawyer Blogger Warned To Delete Avis Logo!!!

A US blogger who reported on a court ruling has been ordered by car rental firm Avis to remove an image of its logo from his blog posting to avoid charges of trademark abuse. Eric Turkewitz is a lawyer who writes a personal injury blog. In a recent post he discussed a ruling on the constitutionality of car rental firm immunity from some kinds of negligence suits. He illustrated the story with pictures of the logos of leading firms Hertz and Avis, but was told by Avis' lawyers to take down the picture.

A comment on the blog from Fred Grumman, associate general counsel at Avis said, "We have the greatest respect for your right to express your opinions on your blog, but that does not include the right to use Avis' trademark as you have done in this particular piece.

"Understandably, trademark law is not within your area of expertise. Therefore, we trust that this was done out of ignorance and not based on an intent to misuse our mark to the benefit of your personal injury practice. We ask that you remove it immediately and refrain from any similar use in the future."

Turkewitz said he is not convinced he has actually committed a trademark violation. "Was my use of the Avis logo last month a violation of its trademark?" He asked his readers this in a post.

Turkewitz said in his blog that he feels the use of defiance is adequate. "Now I will concede I am not the world's greatest expert on trademark law, but it seemed perfectly fair to use in the context of major car rental companies lobbying for a law that was tossed out and is now headed to a federal appeals court. And I did not see how my use of the logo would cause confusion in the marketplace since I don't rent or lease cars to anyone."

The logo is currently still in place on both the original story and the post about the controversy over its use.

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New York Spends One Million On Criminal Lawyer Fees For WTC Fire!!!

The state owner of a condemned ground zero skyscraper has hired a law firm for $1 million to represent it in a criminal investigation into the August blaze that killed two firefighters. The Lower Manhattan Development Corp.'s board on Thursday approved the contract with Dechert LLP to represent the state rebuilding agency in probes into the blaze at the former Deutsche Bank tower.

It was among $10.4 million in expenses approved to continue the cleanup and dismantling of the 26-story tower just across from the World Trade Center site. The Manhattan district attorney's office and the state attorney general's office are investigating the fire at the partially dismantled, contaminated building, which officials have blamed on a construction worker's tossed cigarette.

But the probes have focused on oversight for the LMDC-owned tower, which had no fire plan; a deliberately cut standpipe that hampered firefighting efforts in the blaze; and the selection process for contractors and subcontractors.

The firm was retained in late September, although the board was not asked to approve it until today. The city has hired criminal lawyer Gary Naftalis to represent it in the investigations. Naftalis and his firm were hired at a $265 hourly rate; a Law Department spokeswomen would not say how many hours had been billed as of Thursday.

The LMDC also approved spending over $9 million extending several existing contracts for the building, including for an environmental consulting firm and an integrity monitor. LMDC president David Emil said that the agency may eventually get the money back from insurance on the project.

Officials were not able to say how much the dismantling of the building will cost. The agency, which generally held monthly meetings, had not held a public board meeting since one month before the August 18th fire.

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You Can Change Injury Lawyers In Personal Injury Cases!!!

Lawyers often get calls from people with personal injury claims who are dissatisfied with the lawyers who represent them or have represented them. If the caller has a valid claim and a valid gripe against their present lawyer, many law firms will consider taking over the case.

The real problem occurs when the case is already closed and the caller has accepted a settlement they felt was inadequate based on the lawyer's insistence. In those cases, most of the time it is too late to help the aggrieved client.

Lawyers uniformly ask these people why the did not call them earlier and most often get the response that they did not know they could change lawyers once their case was started. This is often an unfortunate misconception.

The fact is that a client may change lawyers whenever they want to and for whatever reason they choose. In personal injury cases this usually does not even require the payment of extra fees depending on the law firm you hire to replace your old lawyer. Some firms have a policy that if they take on a case from another lawyer, they will work out any fee disputes with that other lawyer without the client to pay any extra fees.

A personal injury victim with a valid serious claim should not feel compelled to go forward with a lawyer that they are not completely satisfied with.

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DWI Lawyer's To Become More Imminent In New York

A state law allowing New York prosecutors to charge drunken drivers who harm or kill others with crimes that carry more prison time goes into effect next Thursday. "Enough is enough," state Senator Charles Fuschillo said in a news conference on Tuesday. "We need to end this epidemic of drunk driving."

Fuschillo was joined by Nassau District Attorney Kathleen Rice and Assemblyman Harvey Weisenberg. The law - sponsored by Fuschillo - creates two new laws, aggravated vehicular homicide, and aggravated vehicular assault. Aggravated vehicular homicide is a felony and carries a maximum penalty of eight and a half years to 25 years imprisonment.

Aggravated vehicular assault caries a maximum of five to fifteen years in prison. The law is aimed at drunken or drugged drivers who kill someone or cause a person serious injury. Rice called it a "common-sense piece of legislation" that will "save lives on our roads."

With tougher laws on drunken driving in not only New York but nationwide, DWI lawyers are becoming a popular field for those wanting to get involved in law. No matter how tough the penalties get, people still decide to get behind the wheel when intoxicated. DWI lawyers try to put the law on their side and find out why they were negligent. It is extremely important to research DWI lawyers because some are out there for the wrong reasons.

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