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Prosecutor in Duke case faces civil suits
Lawyer Blog News | 2007/06/17 17:38

The word on the street around Duke University is that the Duke lacrosse story has outlived its shelf life. In the 14 months that the case has dragged on, the Duke story has grabbed the attention and the air time of media outlets across the country. Durham, N.C., dwellers say they have Duke fatigue. University employee Ankoor Shah lives about two miles from the school, and says he's tired of the politics he has seen play out on TV. "I'm kind of sick of the finger-pointing. The whole thing has been overblown," Shah said.

With the media's lenses focused on Durham, Shah is glad the case has drawn to a close. "I think the community feels more annoyance than excitement with all the media attention," he said.

Setrakian was there when the media descended upon Durham. She said, at times, the city couldn't accommodate the media mob.

"Satellite trucks would line the streets and hotel rooms would sell out as a swarm of national media came to cover the case," she said.

Now that District Attorney Mike Nifong has been disbarred, the media may be on its way out. Shah said, from what he's seen, the media has moved on.

But not everyone thinks this story will disappear. Former North Carolina Attorney General Rufus Edmisten thinks the story will linger because the judge in the case still has jurisdiction to hold Nifong in contempt of court if interested parties pursue those charges. Edmisten says people are still tuning into the story because, although the legal community is satisfied with Nifong's disbarment, the larger Durham community does not feel a sense of closure.

Despite interest in the story, it looks like the media parade is leaving. "The high intensity moments are over," Setrakian said. Edmisten said the chairman of the hearing in the case referred to the events as a dangerous soap opera.

So, while further legal movement in the case may be in store, at least for the residents of Durham, this show is fading to black.



Schools fail to meet law on dyslexia
Legal Career News | 2007/06/17 07:46

Hundreds of thousands of Texas children who struggle to read aren't getting the help they're entitled to because public schools are not following state law. Twenty-two years ago, Texas passed legislation requiring districts to identify and tutor students with dyslexia, a learning disability that affects 5 percent to 20 percent of all children. Today, however, schools still are failing to aggressively diagnose and remediate these children, leaving them to fall further behind academically, suffer emotionally and be at greater risk of dropping out of high school.

"This is effectively a national health crisis," said Eldo Bergman, director of the Texas Reading Institute, a Houston company that tutors hundreds of children who are not getting the help they need in public schools. "There's an awful lot of wasted human potential."

The Houston Independent School District is one of the most egregious offenders, with only 256 of its 200,000 students in dyslexia programs this year.

What's more, 70 percent of HISD's identified dyslexic students are concentrated in the district's more affluent west and central regions and 40 percent are white — about five times the percentage of white students districtwide. Although the disability doesn't discriminate, minority students are significantly underrepresented.

"Our numbers are low; we admit it," said Noelia Garza, assistant superintendent for special populations. "We have to make a more concerted effort to get the word out to parents. ... We may need to improve the way we communicate to teachers and administrators the process."

The district plans a $532,000 "dyslexia awareness campaign" in August with brochures, buttons, bookmarks, TV programs, a Web site and additional staff training.

Neighboring districts haven't performed much better. Less than 1 percent of students in the area are enrolled in a state-required dyslexia program, according to a Houston Chronicle analysis of data for more than 1 million school children.

"That's terrible," said Geraldine Miller, chairwoman of the State Board of Education, who championed Texas' dyslexia law. "Of all places, Houston ought to be the role model."



Gender identity added to state's anti-bias law
Lawyer Blog News | 2007/06/17 07:45

When Jillian T. Weiss made the change from male to female back in 1998, she found it hard to get a job as a lawyer.

"People were unwilling to have me work with them when they could tell when I was transitioning," Weiss said.

Only able to get a job as a legal secretary, Weiss had to "go back" and work her way up. After getting a doctorate degree, Weiss now is an assistant professor of law and society at Ramapo College. Weiss says how she expresses her gender is a nonfactor with her students and co-workers.

Weiss said her experience beginning nearly a decade ago is similar to what many transgender people deal with in the work force. The state, however, is looking to end this type of workplace discrimination.

Beginning today, New Jersey becomes the sixth state to explicitly prohibit transgender discrimination. The change to the state's Law Against Discrimination adds "gender identity and expression" to the list of categories already protected against discrimination involving employment, along with public accommodation, contracts, housing, credit and union membership.

"What this is going to do is provide a push in for people so they can start to get jobs," said Weiss, who holds workshops with corporations and small businesses to teach workplace diversity. "Even though there will continue to be unemployment, they will find that it is going to relieve some of the frustrations they have that they can't get jobs at all."

New Jersey's law was signed in December but didn't take effect for 180 days. It was enacted with wide support in the Legislature, 69-5 with six abstentions in the Assembly, and 31-5 and 33-3 in its two votes in the Senate.

Several other states give transgender people certain protections under sex or disability discriminations laws, and four more states — Colorado, Iowa, Oregon and Vermont — have transgender anti-discrimination laws coming into effect this year.

"It's just the right thing to do," said Sen. Ellen Karcher, D-Monmouth, one of the law's primary sponsors. "We're all human beings, and I just thought we should give them the rights they deserved."

Barbara Casbar Siperstein, director of Gender Rights Advocacy Association of New Jersey, said making the law "black and white" presents an opportunity to "educate people and make them think."

"One of the things I think that we all want, as people, is respect," Casbar Siperstein said.

Violators could face stiff penalties. The law allows for a pre-trial investigation done by the state Division on Civil Rights or a civil court hearing, and anything from a cease-and-desist order to compensation for the harmed party could be issued. Fines also could be handed out, from $10,000 for a first offense to $50,000 for multiple offenses.

The current expansion adds to the oldest civil rights statute in the country, which was passed in 1945, said Frank Vespa-Papaleo, director at the state Division on Civil Rights.

The original law prohibited discrimination of race, nationality and ethnicity in employment, but was rarely enforced. The section in the state Constitution outlawing discrimination in education and military service was the first to explicitly state such a ban when it was drafted in 1947.

Vespa-Papaleo added that the state's civil rights law is among the broadest in the country.

"New Jersey has a very bold and generally positive outlook on protecting the rights of the people in our community regardless of their background," Vespa-Papaleo said.



Archdiocese of St. Louis Drops Suit Against Law Firm
Court Feed News | 2007/06/16 17:02

The Archdiocese of St. Louis has dropped a lawsuit against a law firm that represents clients in clergy sexual abuse cases. The archdiocese had filed suit against Chackes, Carlson, Spritzer and Ghio last month seeking relief against disclosure of archdiocesan personnel and medical records to third parties. The suit alleged that one of those parties was the St. Louis Post-Dispatch. An editor for the Post-Dispatch previously noted the newspaper was not a party in the lawsuit, and the newspaper did not indicate if it had received documents.

The church withdrew the lawsuit on Monday June 11 before a hearing called to discuss whether Archbishop Raymond Burke would have to testify under oath in a deposition for the case.

The archdiocese said in a statement, "After discussing the issue with attorneys representing the Chackes law firm, we believe that our point of protecting the integrity of the mediation process has been understood and that we can proceed with the mediation of additional claims.''

Gerry Greiman, an attorney representing the firm, said, "We've always felt this case had no merit. I can only assume based on the archdiocese's actions today that they agree.''



Suit filed to close new attorney-rating site Avvo
Headline News | 2007/06/16 16:59



The suit claims that Avvo, which tries to affix a score of 1 to 10 on thousands of attorneys in 10 states, violates the state's Consumer Protection Act. The suit does not ask for a specific monetary amount, though Berman is asking the court to shut down the site. He also is considering seeking a temporary restraining order and the possibility of adding more attorneys who have "impeccable reputations" to the suit.

"The bottom line is the Avvo rating isn't a true representation of one's ability to practice law and deliver positive results to their client -- it dupes consumers into thinking the site is an accurate reflection of an attorney's ability," Berman said in a news release.

Named as plaintiffs are Seattle attorneys John Henry Browne and Alan Wenokur, with the suit listing several alleged inaccuracies about rankings of other attorneys.

It says that Bellevue attorney Enrico Salvatore Leo was able to boost his score on Avvo by updating his profile with softball awards, with the score later dropping after he removed the achievements from his profile. And it says attorneys now serving prison terms score higher on Avvo than some Supreme Court justices, and several attorneys connected to Avvo have higher rankings than law school deans.

Avvo Chief Executive Mark Britton had yet to digest the entire 25-page lawsuit as of Thursday afternoon, but he had read enough to dispute claims that his newly launched rating system was misleading consumers.

In an interview, Britton said the suit was brought because Browne didn't like his Avvo score. The Seattle criminal defense attorney -- who has been quoted in P-I stories about the new online service -- has an Avvo score of 5.2, or "average," partly because of a 2005 disciplinary action he received from the state bar over compensation issues.

"I think that because Mr. Browne did not like his rating, they are filing this suit in an attempt to chill our rating system," said Britton, the former general counsel at Expedia who founded Avvo in February 2006. "All I can say is that I believe the First Amendment is alive and well, and certainly within that amendment and the defenses that go with it, we are able to make an opinion, to make an assessment regarding how well a lawyer might represent someone."

Berman said the case is not just about disgruntled lawyers who don't like their scores, contending there is evidence that attorneys can manipulate their scores on Avvo in order to boost their rankings. Since Avvo received media attention last week, Berman said he has been contacted by numerous attorneys from across the U.S.

Britton said the company, backed with $13 million from Benchmark Capital and Ignition Partners, had not earmarked a certain portion of the venture funds for legal defense. But he planned to file a response in a timely manner under Washington law.

In addition to Avvo and Britton, the suit also lists 25 John Does as defendants. Those include law firms and venture capital firms who could be added to the suit if it is proved they "aided and abetted" certain conduct. In a P-I story earlier this week, Berman said he did not plan to go after Avvo's venture backers.

On Thursday, Berman said he changed his mind on that issue because new information became available.

The suit claims that Avvo violates the state's Consumer Protection Act because it is not an objective or unbiased resource, even though the startup says its ratings benefit consumers.

"We are trying to get consumers more information than they ever had before," Britton said. "Before Avvo was launched, everybody was pretty much going to the Yellow Pages and search engines, which are not the most efficient places for people to find a lawyer. By providing that information and guidance, it just helps consumers get the legal help they need."

The suit also claims that Avvo holds attorneys hostage by forcing them to hand over credit card information to update their profiles.

Britton said that the credit card information is a security measure in order to guard against "hacker bots" and other people claiming profiles that are not theirs.

"There is nothing nefarious that we do with the information," he said. Still, Britton said the company is working on a new system to verify attorneys in ways that do not use credit card information.

The lawsuit also claims that Avvo uses a secretive method to come up with its rankings.

Asked about adding more transparency, Britton said that they would consider doing that, but they are most concerned about people "gaming the system." Disclosing the method by which it comes up with the rating could lead to people manipulating the score, he said.

Avvo continues to make changes to the Web site based on the feedback from lawyers and consumers, something Britton said Berman chose not to do.

"He chose rather just to file a complaint," said Britton.

In a Monday interview, Berman told the P-I that he views this as an important case because those who are in need of legal advice should be able to get trustworthy information. "If you are going to have a service out there, it should be reliable and it should be trustworthy, and this site is neither," said Berman.



Supreme court holds fast to legal deadlines
Legal Career News | 2007/06/16 16:55

Deadlines set in law for filing motions cannot be waived, a divided Supreme Court said Thursday, even if a judge's error causes someone to submit a motion two days late. The 5-4 decision not only threw out an appeal filed by an Ohio convict, it sent a warning to lawyers and judges nationwide. The conservative majority said it would view these filing deadlines in civil suits as legal mandates that cannot be set aside by judges, regardless of whether the litigant or lawyer had a good reason for missing the deadline.

"If rigorous rules like the one applied today are thought to be inequitable, Congress may authorize the courts" to adopt more lenient rules, Justice Clarence Thomas wrote for the majority.

In dissent, Justice David H. Souter wrote: "It is intolerable for the judicial system to treat people this way." He faulted the majority for "condoning this bait and switch."

It is the second time in a month that the court split along conservative-liberal lines over an issue of deadlines. In a 5-4 ruling that was seen as a setback for women's rights, the court overturned a pay-discrimination verdict in favor of the lone female supervisor at a Goodyear Tire plant because she had not pointed to unfair pay decisions within the time limit of 180 days prior to the filing of her suit.

In the case decided Thursday, Kevin Bowles was convicted of murder in 1999 for taking part in the beating of another man, and his appeals were rejected by the Ohio courts. His initial appeal was rejected by a federal district judge.

His lawyer sought to reopen his appeal, and under a federal rule of civil procedure he had 14 days to file a notice. The judge granted his motion to reopen the appeal on Feb. 10, 2004, but inexplicably said his notice must be filed by Feb. 27.

Bowles' notice was filed on Feb. 26, the day before the judge's deadline. But this was 16 days after he had granted the motion, or two days beyond the legal deadline.

State prosecutors insisted Bowles' appeal should be thrown out because of the missed deadline. And they argued that the appeals court had no legal authority to hear his case.

The appeals court agreed, and the high court upheld that decision Thursday in Bowles vs. Russell.

"Time limits for filing a notice of appeal are jurisdictional in nature," Thomas said, and therefore cannot be waived by judges for reasons for fairness. "We hold that [Bowles'] untimely notice — even though filed in reliance upon a District Court's order — deprived the Court of Appeals of jurisdiction." He was joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Samuel A. Alito.

Souter called the court's handling of the issue "puzzling" and "incoherent."

"Congress put no jurisdictional tag on the time limit here," he said, and the court was wrong to add one.

Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer joined the dissent.



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