Thursday, January 24, 2008

With all your spare time...

Lawyers, especially in private practice, tend to be overscheduled and stretched thin. That means that this suggestion will be starting from a bad position before it gains traction, sort of like most cars on the Washington Street hill here in Jamestown.

Still, especially if you're a relatively new lawyer: those CLE books that you flip through and then put on a shelf? Take a look at them again. Every time I happen to open one to look something up, I'm amazed by the tips and knowledge that I didn't know was there. It is especially true in areas where the Jamestown Lawyer does not often practice, but even in the main practice areas, I can find something new.

As I said, this is especially true for new lawyers. Much of what I learned in CLEs right after admission lacked a lot of context. Looking back a few years down the road, those books and handouts carry a whole new meaning.

Friday, January 18, 2008

Lawyers make mistakes.

This is the footwear the Jamestown Lawyer has been wearing for six hours now, including an appearance in a very crowded city court.

Wednesday, January 16, 2008

Attorney convicted.

Ogdensburg attorney reaches plea arrangement resulting in 33 months prison time and automatic loss of law license.

Brian K. Goolden, 38, admitted in U.S. District Court, Syracuse, that he defrauded 93-year-old James Gilmore, Naples Fla., a legally blind former Morristown businessman, by drafting a trust that was supposed to preserve Mr. Gilmore's money. Instead, the trust gave Mr. Goolden unregulated control and unrestricted access to all of the trust's assets during Mr. Gilmore's lifetime and the right to take anything left in the trust after his death.

Quote via Watertown Daily Times.

Friday, January 11, 2008

Law clerk charged with felony mischief.

Two quick points about this article from the Post-Standard, regarding what appears to be a "parking lot rage" incident involving a court employee.

First, the Jamestown Lawyer believes strongly in the presumption of innocence in criminal cases. However, the Jamestown Lawyer also remembers quite a bit from law school about ethical conflicts and the importance of avoiding any situation where there is the appearance of conflict. The twain don't seem to be meeting in this case. The character and impartiality of the court attorney seem called into question, which would make me think about motions to change venue or requesting that judge recuse himself.

Second, $250 is nothing to sneeze at. That said, the Jamestown Lawyer believes that is far too low a limit for a felony charge in an automobile incident.

As an unrelated matter, I'm still trying to move this near-complete set of McKinney's Laws of New York. Leave a message or email the address from the previous post if you have an interest and I'll respond ASAP. The cost of updating this series would be a fraction of a whole new set.

Tuesday, January 08, 2008

McKinney's still for sale

It might help if I gave contact information, though.

Write me at injudicious [at] if you are interested.
All offers considered.

Saturday, January 05, 2008

Slightly Dated McKinney's for Sale

I have a near-complete set of McKinney's (missing a couple volumes, a couple destroyed by water damage but still included) that I am offering for sale. Missing is Education Law 390-900 and damaged are SCPA 1701-2200 and 2201-end. That may be revised slightly as I pull items from the shelf.

The caveat is that they haven't been updated since 2004, so there would be an investment to bring them current. Alternately, they make a great backdrop for your television commercials. Cellino & Barnes only have six or eight volumes in their could have an entire wall!

I'll even deliver them to your home/office, provided you are in the Jamestown area. I'm moving and Westlaw has completely replaced the books in my practice. Just leave your name or some contact information in the comment section. If you want to make an offer, feel free...maybe we can get an auction going in the comments.

Sale ends January 12, unless there's minimal interest. So act fast.

Wednesday, January 02, 2008


In an effort to crack down on illegally shared music, the Recording Industry Association of America (RIAA) has announced it will now start suing anyone who buys a CD, in the hopes that preventing CD sales will prevent file swapping. The industry hopes that preventing the sale of CDs will reverse the longstanding trend of decreases in CD sales.

All right, that's not true. That's the Jamestown Lawyer making something up given the sheer ridiculousness of the latest RIAA position on shared music, as chronicled in this recent Washington Post article.

I can understand their legal opinion on downloaded music, if not endorsing their tactics. Thousands of lawsuits have been filed against various people for making music available online. What is of most concern to the Jamestown Lawyer is the idea of trying to fix a broken system by scare tactics and seeking unrecoverable damages.

In this article, it seems the RIAA contends that even making a copy of a song one already legally owns is violating copyright, but (and their magnamity is breathtaking) they probably won't start suing over that.