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Young lawyer appointed Romanian justice minister
Legal World News | 2008/03/01 17:10
Catalin Predoiu, a 40-year-old lawyer, has been appointed Romania's new justice minister. His appointment ends a lengthy struggle between Romanian head of government Calin Popescu-Tariceanu and President Traian Basescu.

The EU is closely following the development of Romania's judicial system, and therefore also the filling of this post. Dan Cristian Turturica comments: "We don't know much about Catalin Predoiu, but on the basis of his biography he seems a better choice than any of the other candidates put up by the Liberal Party so far. ...

The important difference between him and his predecessor Tudor Chiuariu is that the latter was a party activist whereas Predoiu has legal experience. In theory this means he won't have to do everything the party demands of him. ... On the other hand, ministerial posts are political jobs, and for Romania it has become crucial that they are occupied by experts - even if they are technocrats - because nowadays there are hardly any political dignitaries left who have both work experience and morals."


King Yaklin Wins $1M in Fee's, Georgia's Record
Court Feed News | 2008/02/29 14:57
A Superior Court judge has ordered a couple and their attorney suing Bishop Earl Paulk to pay more than $1 million in legal fees and court costs from a dismissed case.

Mona and Bobby Brewer sued Paulk and his church, then known as Chapel Hill Harvester Church in Decatur, asserting sexual misconduct. Mona Brewer claimed in the suit she had a 14-year coercive affair with Paulk.

The Brewers dropped their years-old suit last July, but each filed a separate suit in state court later in the year.

The judge entered the order last Friday for costs incurred by three different legal firms who defended Paulk in the Superior Court case.

Matthew Wilkins of King & Yaklin, one of Paulk's firms, said they are still reviewing the order and had no comment.

Louis Levenson of Levenson & Associates, the Brewer's attorney, said he has not seen the order. Levenson and the Brewers were ordered to pay the fees.

Paulk was one of Atlanta's preeminent preachers in the 1980s and 1990s. He had a church of 10,000 and an international ministry and TV program. A series of allegations of sexual misconduct plagued his work, and Paul lost influence and his ministry.

He still goes to the church, now called the Cathedral at Chapel Hill, but has dropped from public sight. Attendance on the mammoth campus has dropped dramatically.

www.kingyaklin.com


Court rules sex offender can't go home
Court Feed News | 2008/02/29 14:44

A convicted sex offender who was forced to move by a state law can't return home. He has no rights to the property because his wife owns it, a judge ruled.
 
The man, identified in court records as John B. Doe, had filed a lawsuit challenging a state law that prohibits convicted sex offenders from living within 1,000 feet of a school, public park or youth program center.

Doe, who was convicted of child seduction in 2000 and released from probation the following year, was forced to move from his home near a church that offers youth programs. He argued that the law violated his rights by unfairly punishing him again.

Judge Thomas Busch of Tippecanoe Superior Court ruled against Doe on Tuesday, noting that the home was owned by Doe's wife, not Doe, so his property rights were not violated.
Busch also noted similar challenges that had been defeated in other states.

"Under the circumstances, the court finds that injunctive relief forbidding the prosecutor and sheriff from enforcing this law in this case is not in the public interest," Busch wrote in his 11-page ruling.

Doe's lawsuit was one of three filed in Tippecanoe County challenging the law that forced 28 offenders in the area to move or be charged with a Class D felony. None of the three has succeeded in court.

Doe's attorney, Earl McCoy, did not immediately return a message seeking comment left by the Journal & Courier of Lafayette.



Law Firms Follow Banks to the Persian Gulf
Headline News | 2008/02/29 13:53

At Latham & Watkins, the international law firm, William H. Voge is the resident whiz on Dubai. And Abu Dhabi. And Qatar.

Mr. Voge, who heads the finance practice, can recite when each of the firm's investment banking clients opened offices in the Middle East. And he knows how many law firms have established outposts there too: 20 since 2005.

"This is the Silicon Valley, if you will, of the world," Mr. Voge said. "It's just beginning to take off, where clients have an increasing need for sophisticated legal advice on the ground."

Latham & Watkins plans to open three offices in the Middle East by the end of the first quarter. A competitor, Dewey & LeBoeuf, said in January that it had opened an office in Dubai. And Clifford Chance, a London law firm that has been in Dubai since 1975, plans to open an office in Abu Dhabi in late April.

The rush to the cash-rich Persian Gulf is easy to explain: Law firms are following the money.

"Where there are investment banks, you will find lawyers," said Graham Lovett, Clifford Chance's managing partner for the gulf. "I am pretty certain that some firms arrived here and don't know why they were not here already."

Consider Latham & Watkins. The Qatar Investment Authority, one of its clients, has been asking the firm to open a local branch for five years.

Latham is coming off a banner year. It took in more than $2 billion in gross revenue in 2007, a first for a United States law firm, driven by its international focus.

About 20 percent of Latham's business comes from its finance practice, and Latham interviewed 14 financial institution clients, among them Lehman Brothers, Goldman Sachs and Credit Suisse, before making the plunge in the Middle East.

"They all view the gulf region as becoming an increasing player in the global economy," Mr. Voge said.

Some of Wall Street's top law firms, however, have not yet joined the race to the gulf. Davis Polk & Wardwell, for example, has no plans to open a Middle East office.

"Of our peer group of American firms, there has not been a rush, and I'm not sure there is going to be one," said Thomas J. Reid, a partner with Davis Polk's London office. India is Davis Polk's top international priority right now.

Shearman & Sterling, by contrast, has maintained an office in Abu Dhabi since 1975, mainly driven by its project finance practice. But capital markets are becoming increasingly important.

Shearman represented the Abu Dhabi Investment Authority when the sovereign wealth fund bought into Citigroup last November.

Latham, meantime, plans to have three partners in Dubai, and a total of 20 lawyers in the region, by the year's end.

Dubai, with its night life and amenities, is a big draw for the firm's young lawyers. Mr. Voge describes Dubai as a combination of New York, Las Vegas and Orlando, Fla.



Venezuela asks UK court to lift Exxon asset freeze
Legal World News | 2008/02/29 13:42
Venezuela's state oil company has asked a British court to lift a $12 billion freeze granted to U.S. oil major Exxon Mobil pending arbitration over the seizure of oil fields in the South American country.

Lawyers for PDVSA argued on Thursday that the court had no right to impose the freeze because the assets under dispute, the parties and the arbitration that Exxon has applied for were not in or connected with Britain.

Leftist President Hugo Chavez told foreign oil companies last year to cede a majority stake in oil projects or leave the country. Most agreed and accepted bids for stakes in their projects from PDVSA that analysts said were below market value. Exxon opted to pull out rather than concede and has applied for international arbitration to win damages.
Pending the outcome, America's largest company convinced courts in Britain, the United States and the Netherlands to freeze Venezuelan assets to ensure funds for compensation.

Acting for PDVSA, lawyer Gordon Pollock told the court, "It is not the role or function of the English courts to offer worldwide freezing orders" to anyone who asked for them.

Pollock said the English court had stretched beyond its jurisdiction in this instance given such asset freezes were normally only awarded in cases involving "egregious fraud".

"This is not a fraud case ... it is a contractual dispute." In Caracas, Venezuela's Oil Minister Rafael Ramirez said Venezuela made three basic arguments against the ruling.
First, the asset freeze was outside the arbitration process, which PDVSA was following in good faith. Second, PDVSA is a state company and therefore should be immune from such freezes, he said.

Finally, he said such freezes were used against companies in financial difficulties, which was not the case for PDVSA -- a company industry analysts believe can easily pay Exxon compensation for its seized assets.



How to find a good lawyer
Attorney Blogs | 2008/02/29 12:50

Q: I am looking for a lawyer and would like some tips on how to find a good one. Do all Illinois lawyers receive the same training?

A: In order to be licensed to practice law in Illinois, a lawyer must receive a law degree from an accredited law school and pass the state bar exam and an ethics exam. Law school is typically a three-year program after undergraduate school.

Once a lawyer passes the bar and is licensed by the Illinois Supreme Court, the lawyer can practice all types of law - from real estate to estates to divorce to contracts to civil and criminal litigation in the courtroom. There really is no limitation as to the areas of practice except patent law.

As a practical matter, in my experience most lawyers fresh out of law school know little about the practical aspects of practicing law and usually learn how to practice law on the job, often working at a law firm with experienced lawyers or reading how-to books in the law library.

If you have a matter that involves significant dollars or important legal issues, the first question you should determine is the attorney's experience in the applicable area of the law. That is not to say that an inexperienced lawyer will not do a good or adequate job, but it is common sense that, as in most occupations, experience matters.

It is also important to find a lawyer you trust because you will want the lawyer to give you objective and unbiased advice. Practicing law is a business as well as a craft, and some lawyers are more interested in your money than your case.

A good way to start a search for a qualified lawyer is to ask a relative, friend, business associate or someone you trust for a recommendation based on their personal experience. Also, if you have a lawyer whom you trust who does not practice in the area in which you need legal representation, ask the lawyer for a recommendation on a lawyer who is familiar with that area of practice.

When you decide to retain a lawyer, make sure that she carries malpractice insurance. Illinois lawyers are not required to carry malpractice insurance, but they are required to report whether they have such coverage.

You can find out whether a lawyer has malpractice insurance at www.iardc.org - the Web site of the Illinois Attorney Registration and Disciplinary Commission, an agency of the state Supreme Court that keeps records for lawyers in Illinois and handles complaints of professional misconduct.

This Web site also can tell you if the lawyer has been disciplined or whether there are any disciplinary actions pending against him. It is a good resource for the public and should be utilized in the process of hiring a lawyer.



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