Art attack
11/23/12
By Erin Geiger Smith
Lawyers have long been blamed for driving up medical
malpractice costs, and it seems the art world now is pointing
its finger at litigators for increasing insurance premiums on
artworks and making it harder to sell them.
The Economist discusses the topic in an article titled,
"Collectors, artists and lawyers," complete with the ominous
subheading, "Fear of litigation hobbles the art market."
How so? According to an art consultant quoted by the
Economist, skilled experts increasingly refuse to authenticate
works of art because they often don't have the funds to defend a
lawsuit demanding payment for the value of an artwork that was inaccurately authenticated. For example, what happens if a client asks
for a refund on the full price paid for a Jackson Pollock that
turns out to be someone else's splatter paint? Authenticators
are "nervous about taking a $500 fee and getting sued for $10 million,"
art lawyer Ronald Spencer said.
One upshot could be that demand for living artists rises,
as it did in China, where authenticators are sometimes thought
to be in cahoots with galleries to push sales, says the
magazine. But if an artist is living, he can vouch for his work,
and a third-party stamp of approval is unnecessary.
Confused about legalese? Watch TV!
11/23/12
By Erin Geiger Smith
Even those who have passed the bar will admit that they
picked up a few pointers about procedure and legal strategy from the masterful prosecutor on "Law & Order," Jack McCoy.
Perhaps with those early legal lessons in mind, Lawyers.com
today compiles dialogue from various television shows that can serve as
a primer for understanding basic legal terms.
Summary Judgment's favorite is an exchange from "Boston
Legal" where a lawyer explains that the rules of discovery
require turning over all information -- even things that
could be damaging to one's client -- if the other side makes a
proper request for it.
Of course, the television lawyer makes sure to note that
incriminating evidence will be buried "with the other one
hundred thousand pages of documents that pertain to their
production request." Television, it turns out, is just like
real life.
The giving season
11/23/12
By Erin Geiger Smith
'Tis the season of giving, and one of the most affecting
ways lawyers can participate is by donating their legal
services. While there are always innovative pushes for lawyers to give more time, the concept is anything
but new.
Britain's New Law Journal looks at the origins of that
country's pro bono system, and though it doesn't pinpoint a
specific date, the article references a 1648 book called "The
Poor Man's Case," by lawyer John Cooke, who argued for an organized
legal aid system in Manchester. The idea eventually
caught on and by 1939, Manchester had an organized pro bono
group of 70 local law firms who provided advice to nearly 4,300
people, the NLJ article says.
Of course, looking back can prompt one to examine the
present, and the article deserves a full read. Writer Jon Robins also looks at how current
economics, which affect both law firms and non-profit
organizations, are impacting legal aid.
Black Friday, the law and coupons
11/23/12
By Erin Geiger Smith
Black Friday, the shopping frenzy the day after Thanksgiving, brings not only an unusual number of shoppers to stores but also an unusual number of headaches to company lawyers.
A risk management expert penned an advisory in The National Law Review addressing what retail outlets should be prepared
for, including fatalities and violent incidents. (A Wal-Mart
employee was trampled in 2008.) Should either of those things
occur, companies could face major workers' compensation claims
and lawsuits, the article notes; it also provides helpful tips
for stores like reviewing emergency response and updating
workers overcrowding plans.
What the advisory doesn't provide, however, is coupons. For
those one can look to Legal-Bay, a litigation funding shop in
New Jersey, which is offering "a one-time gift card for any and
all clients that fund with Legal-Bay," according to a press release sent out just after midnight on Friday. The size of the
gift card will depend on the size of the client's litigation and
can be used at any retailer through Dec. 31.
Summary Judgments for November 21
Summary Judgments for November 20
Summary Judgments for November 19
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