At the end of the week, I try to bring the blog to a crescendo. Yesterday, I blogged on the 13-year-old who did not want to stand for the Pledge. Today, we turn to the elephant who can’t be kept from playing the Harmonica… and no, I’m not talking about an insurance company.
At the Smithsonian National Zoo in Washington, D.C., Shanthi is a one “man” band. The Zoo noticed that she would use her trunk to blow into holes and make sounds. She even likes to flap her ears against objects to make noise.
So, the Zoo decided to give her a harmonica. Immediate musical talent. The 36-year-old pachyderm even has her own signature style. She likes to play to a dramatic crescendo. Wait a second; Maybe this elephant likes to blog too. And, she likes to stand instead of refusing, and even takes requests. Anyway, for your listening pleasure?
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Legal advertising is usually regulated by a State Bar or someone connected to a disciplinary system that might include a Court system. I don’t consider my twitter, facebook or blog as an advertising method, but believe that it might remind some, that I’m out here and I’m doing it…. whatever “it” might be.
Through all that, I have learned the importance of the general umbrella that is known as “social media”. Many lawyers are still coming to grips with the need and benefit of a firm website. Those that have incorporated social media have probably seen more visitors to their website than the ”website-only” Firms.
I rambled through those paragraphs because I wanted to apply Herman Cain’s recent Internet video. Please click and watch it. Maybe a few hundred of my blog readers will click and help this video to set viral video records or at least compete with the dog “Denver”.
Now, if you clicked, you’ve seen Cain’s campaign manager, Mark Block, become an overnight viewing sensation with his ‘smoking man”. It’s better than the Cain video where he was singing, “Imagine there’s no Pizza”; pretending to be John Lennon.
On Friday, Block told CNN that the video was responsible for raising 3 million dollars. All from a man singing while ending with 8 seconds of Cain with a Cheshire Cat grin which I call “The Dexter”, because it looks to me as more serial killer than possible leader of the free world. (note to self, that’s probably a little to harsh)
I am blogging about this because I am fascinated by this marketing. I don’t think that a State Bar would be pleased with this type of advertising but there probably is more regulation on lawyer advertising versus a Presidential campaign.
Maybe the campaign manager is shrewd by diverting attention away from the Cain sexual harassment reporting or maybe this is really the new successful social media marketing. I would like to know your thoughts, since I took this blog in a bit of a political direction.
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I just got off the phone with an adjuster. It sent me to the blog. The “opening offer” was barely above medicals, but you’ve heard that story before.
In this instance, I couldn’t even humor him with a bit of VCU “How bout them Rams” camaraderie. Maybe because he was in Florida, but I digress.
Anyway, I am posting a Youtube that summarizes how it feels in insurance negotiation. It did bring a smile, but it’s also a reminder not to buy insurance, just because the premium is cheaper than someone else. It’s not coverage if they don’t pay!
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I had just started my first legal job. A clerk for a law firm. It was my second year of law school, which meant that I would probably be doing more busy work than legal work. It didn’t matter; I couldn’t believe that I was working for a law firm.
The senior partner of the firm summoned me to his office. I was excited for my first real project. He started out by telling me that he had just gotten a traffic ticket and he wanted me to go down to court ”and handle it for him”. A bit of a lump appeared in my throat because I was not yet licensed to practice law and could not represent him. He said to just let the judge know that I was there, not as a lawyer, but just “to help him with his traffic ticket”, as his law clerk.
I guess that was my “first case”. I showed up a bit nervous; Almost more so than if it was my own ticket. This Court was there to specifically handle traffic violations. The court bailiff came out and announced “All rise, the Honorable Judge (whatever his name was) is now in session”. I felt like I was in the Big Show.
When the Judge came out and sat on the bench, he looked back at a packed “standing room only” courtroom. Then, he laid eyes on a man that had come to court with curlers in his hair….. That’s right, they were pink curlers.
The Judge called to the man, “Sir, what are you wearing in my courtroom?” The man looked confused and just stared back at the Judge. “Sir, what are you wearing in that head?” The man finally said, “Uh, what do you mean?” The Judge then went on to say, “I don’t allow that in my Courtroom. Go home, take those out of your hair and come back”.
That was my first experience with Court Decorum. It goes to the topic of what is appropriate to wear in a courtroom.
When I discuss what a client should wear in a courtroom, I usually want them to dress appropriately for them. What I mean is that I want them to be comfortable and look like they are taking court seriously. I don’t want them to feel like they have to wear a suit, or heels, if that’s something that they never wear. Of course, I don’t expect that I should have to say that they shouldn’t come in curlers or a shower cap.
Many times, there are local rules that say something like “The dignity of the Court is to be respected and maintained at all times. Attire for counsel and spectators should be restrained and appropriate”.
Initially, I thought I would come up with a” top ten” of things not to wear in Court. You know, like no zebra outfits and no hats with feathers. Then, I realized that maybe I should just post a video of what not to look like. So, at the bottom is a video of Tom Brady. He is dancing and his hair….. well, you’ll see.
I know, it’s a cheap shot at poor Tom. However, let me do it. It’s some revenge on the Patriots, as a Colts’ fan and he does show poor dancing and bad decorum! Maybe he would pass in Court but just not on “Dancing With The Stars”.
One final note, I did “make an appearance for my law employer”. The judge laughed when I told him I was there as a law clerk and not really as a lawyer. So, when I went back to the office, my boss asked, “How did it go?”. I told him, “I have some good news and some bad news.” My boss looked up expectantly.” The Judge agreed to dismiss your ticket, but he told me that he is requiring you to write a 200 word essay on “why I was speeding”.
My boss started to say something that sounded like it was going to be my assignment. So, I added the next part of the Judge’s instruction. I quickly said, “The Judge also added that I wasn’t allowed to do your essay”. My first “not really client”. A win with a deferred finding of a book report assignment.
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On October 26, a Philadelphia jury returned a punishment damage verdict in the case of Barton v. Wyeth. This, on the heels of a 3.7 million compensatory verdict that had been entered against Wyeth Pharmaceuticals, for the actual damages that Mrs Barton had suffered, from taking the Wyeth hormone therapy drug, Prempro. Because another hormone therapy trial against Wyeth was going on a few doors down in the same courthouse, the Judge sealed the punitive damage verdict until the conclusion of the other pending case. However, as of today, that verdict has been unsealed to reveal a $75 million dollar punitive verdict.
On Friday, in the case of Kendall v. Wyeth, the jury returned a verdict of $6.3 million with Wyeth being responsible for 60% of the verdict and Upjohn Pharmaceutical, responsible for 40%. (Story) Today, the jury returned a punitive verdict to be added to the $6.3, in an amount of $16 million against wyeth and $12 million against UpJohn for a total punitive verdict of $28 million, making the sum total verdict in Kendall to be $34.3 million.
Under our hormone therapy update section, I am also providing a listing of the verdicts that have been compiled in the hormone therapy cases. (Download Jury Verdict List) As previously blogged, Wyeth has listed a "scorecard" that did not sync with this listing. However, I think that it is difficult for them to ignore the last three verdicts that have been significant findings of fault against them. In addition, I am attaching a short video (5m:15sec) that also gives a news type update that is being sent to news stations. It's true that a picture is worth a thousand words; so this video is certainly worth more.
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