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	<title>Comments for Overlawyered</title>
	
	<link>http://overlawyered.com</link>
	<description>Chronicling the high cost of our legal system</description>
	<pubDate>Tue, 02 Dec 2008 19:37:02 +0000</pubDate>
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		<title>Comment on “The video that helped put a man in prison for 22 years for running a stop sign” by Todd Rogers</title>
		<link>http://overlawyered.com/2008/12/the-video-that-helped-put-a-man-in-prison-for-22-years-for-running-a-stop-sign/#comment-35936</link>
		<dc:creator>Todd Rogers</dc:creator>
		<pubDate>Tue, 02 Dec 2008 19:22:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7938#comment-35936</guid>
		<description>I just don't like it when a law professor, CNN, Fox, Drudge, etc...puts a completely B.S. spin on the headline.  If a defendant was sent to prison for twenty two years for running a stop sign, whether or not a crafty video influenced it, we stop calling our courts "courts" and start calling them "star chambers."</description>
		<content:encoded><![CDATA[<p>I just don&#8217;t like it when a law professor, CNN, Fox, Drudge, etc&#8230;puts a completely B.S. spin on the headline.  If a defendant was sent to prison for twenty two years for running a stop sign, whether or not a crafty video influenced it, we stop calling our courts &#8220;courts&#8221; and start calling them &#8220;star chambers.&#8221;</p>
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		<title>Comment on “The video that helped put a man in prison for 22 years for running a stop sign” by Bill Alexander</title>
		<link>http://overlawyered.com/2008/12/the-video-that-helped-put-a-man-in-prison-for-22-years-for-running-a-stop-sign/#comment-35930</link>
		<dc:creator>Bill Alexander</dc:creator>
		<pubDate>Tue, 02 Dec 2008 16:59:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7938#comment-35930</guid>
		<description>I believe the problem many of us have with the article is the slant that his crime was running a stop sign, rather than having 3 DUIs and still driving drunk and trying to evade the police and in the process killing someone. Personally I would be fine with limiting the victim impact videos to no longer than the criminal sympathy testimony.</description>
		<content:encoded><![CDATA[<p>I believe the problem many of us have with the article is the slant that his crime was running a stop sign, rather than having 3 DUIs and still driving drunk and trying to evade the police and in the process killing someone. Personally I would be fine with limiting the victim impact videos to no longer than the criminal sympathy testimony.</p>
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		<title>Comment on Dov Charney chronicles, cont’d by mojo</title>
		<link>http://overlawyered.com/2008/12/dov-charney-chronicles-contd/#comment-35927</link>
		<dc:creator>mojo</dc:creator>
		<pubDate>Tue, 02 Dec 2008 16:08:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7941#comment-35927</guid>
		<description>A lawyer named Fink?

What's that, truth in advertising?</description>
		<content:encoded><![CDATA[<p>A lawyer named Fink?</p>
<p>What&#8217;s that, truth in advertising?</p>
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		<title>Comment on Lawyers! Getcher hot “pearl-shucked” case leads! by PhilG</title>
		<link>http://overlawyered.com/2008/12/lawyers-getcher-hot-pearl-shucked-case-leads/#comment-35925</link>
		<dc:creator>PhilG</dc:creator>
		<pubDate>Tue, 02 Dec 2008 15:55:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7945#comment-35925</guid>
		<description>This item brings up the subject of lawyer referral fees once again.  Lawyers are the only professional group that considers it ethical to pay referral fees.  The bar associations allow and approve referral fees as long as they are paid only to other lawyers.

In the sort of mass tort lawsuits that this company is dealing in, it is extremely common for 'clients' to be bought and sold, sometimes multiple times, with a typical referral fee being around a third of the contingency fee.  The general public doesn't realize that the lawyer advertising on TV or out on the Internet for mass tort clients is usually just a marketer, selling all the clients he collects to other lawyers.  It is actually more lucrative to advertise for clients and then sell them to other lawyers than to do the actual work of representing clients.

If, for example, someone is injured in an auto accident, it is common for a relative or friend who happens to be a lawyer to offer to refer the victim to a "good personal injury lawyer".  But the victims aren't aware that their relative or friend is probably making money off of their accident by collecting around a third or so of the contingency fee from the lawyer they have been referred to.  Although bar association rules usually say the referral fee and its amount should be disclosed to the client, in practice it is always kept secret from the client, who thinks his or her lawyer relative or friend is just being altruistic.

But it appears that this company might be trying to collect money up front from its targeted lawyers, rather than taking the normal percentage payment of their referral fees from the contingency fees after the fact.  If so, the targeted lawyers need to be very cautious indeed.</description>
		<content:encoded><![CDATA[<p>This item brings up the subject of lawyer referral fees once again.  Lawyers are the only professional group that considers it ethical to pay referral fees.  The bar associations allow and approve referral fees as long as they are paid only to other lawyers.</p>
<p>In the sort of mass tort lawsuits that this company is dealing in, it is extremely common for &#8216;clients&#8217; to be bought and sold, sometimes multiple times, with a typical referral fee being around a third of the contingency fee.  The general public doesn&#8217;t realize that the lawyer advertising on TV or out on the Internet for mass tort clients is usually just a marketer, selling all the clients he collects to other lawyers.  It is actually more lucrative to advertise for clients and then sell them to other lawyers than to do the actual work of representing clients.</p>
<p>If, for example, someone is injured in an auto accident, it is common for a relative or friend who happens to be a lawyer to offer to refer the victim to a &#8220;good personal injury lawyer&#8221;.  But the victims aren&#8217;t aware that their relative or friend is probably making money off of their accident by collecting around a third or so of the contingency fee from the lawyer they have been referred to.  Although bar association rules usually say the referral fee and its amount should be disclosed to the client, in practice it is always kept secret from the client, who thinks his or her lawyer relative or friend is just being altruistic.</p>
<p>But it appears that this company might be trying to collect money up front from its targeted lawyers, rather than taking the normal percentage payment of their referral fees from the contingency fees after the fact.  If so, the targeted lawyers need to be very cautious indeed.</p>
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		<title>Comment on “The video that helped put a man in prison for 22 years for running a stop sign” by DAV</title>
		<link>http://overlawyered.com/2008/12/the-video-that-helped-put-a-man-in-prison-for-22-years-for-running-a-stop-sign/#comment-35922</link>
		<dc:creator>DAV</dc:creator>
		<pubDate>Tue, 02 Dec 2008 14:48:31 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7938#comment-35922</guid>
		<description>Mr. Frank, does that mean that if you found yourself as a defendant in a case involving a traffic fatality you wouldn't think a similar video aimed at you wasn't just a tad over-the-top? Given the circumstances you've described why would it be necessary to show the video to a jury at all? The prosecution was afraid the facts alone wouldn't have justified the result without it? If so, then it tacitly admits the prejudicial nature of the video and a willingness to go that far to win.

Particular circumstances aside, Althouse raises an interesting -- and troubling -- issue.</description>
		<content:encoded><![CDATA[<p>Mr. Frank, does that mean that if you found yourself as a defendant in a case involving a traffic fatality you wouldn&#8217;t think a similar video aimed at you wasn&#8217;t just a tad over-the-top? Given the circumstances you&#8217;ve described why would it be necessary to show the video to a jury at all? The prosecution was afraid the facts alone wouldn&#8217;t have justified the result without it? If so, then it tacitly admits the prejudicial nature of the video and a willingness to go that far to win.</p>
<p>Particular circumstances aside, Althouse raises an interesting &#8212; and troubling &#8212; issue.</p>
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		<title>Comment on “Chiropractor Sues Patient Over Negative Yelp Review” by someone</title>
		<link>http://overlawyered.com/2008/12/chiropractor-sues-patient-over-negative-yelp-review/#comment-35908</link>
		<dc:creator>someone</dc:creator>
		<pubDate>Tue, 02 Dec 2008 10:33:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7944#comment-35908</guid>
		<description>I meant nosy</description>
		<content:encoded><![CDATA[<p>I meant nosy</p>
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		<title>Comment on “Chiropractor Sues Patient Over Negative Yelp Review” by someone</title>
		<link>http://overlawyered.com/2008/12/chiropractor-sues-patient-over-negative-yelp-review/#comment-35907</link>
		<dc:creator>someone</dc:creator>
		<pubDate>Tue, 02 Dec 2008 10:28:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7944#comment-35907</guid>
		<description>Hmm. I hope there aren't any noisy neighbors around in my grandmother's nursing home, when she complains about her latest doctor's visit. I wouldn't want her to get sued by said doctor.</description>
		<content:encoded><![CDATA[<p>Hmm. I hope there aren&#8217;t any noisy neighbors around in my grandmother&#8217;s nursing home, when she complains about her latest doctor&#8217;s visit. I wouldn&#8217;t want her to get sued by said doctor.</p>
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		<title>Comment on Pork-handling and religious accommodation, cont’d by nevins</title>
		<link>http://overlawyered.com/2008/12/pork-handling-and-religious-accommodation-contd/#comment-35885</link>
		<dc:creator>nevins</dc:creator>
		<pubDate>Tue, 02 Dec 2008 04:08:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7940#comment-35885</guid>
		<description>The perp's got a slab of bacon and it's like Kryptonite to me.  Don't nobody move.  I'm calling for backup...</description>
		<content:encoded><![CDATA[<p>The perp&#8217;s got a slab of bacon and it&#8217;s like Kryptonite to me.  Don&#8217;t nobody move.  I&#8217;m calling for backup&#8230;</p>
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		<title>Comment on “He’s not a klutz”: $4.5 million for NYC cop shot in tippy chair by Fox2!</title>
		<link>http://overlawyered.com/2008/11/hes-not-a-klutz-45-million-for-nyc-cop-shot-in-tippy-chair/#comment-35882</link>
		<dc:creator>Fox2!</dc:creator>
		<pubDate>Tue, 02 Dec 2008 03:22:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7937#comment-35882</guid>
		<description>"As far as I can recall, Barney Fife never shot himself despite his 
      bumbling nature."

That's because Andy preempted Barney's inner klutz and made him keep the one round he was issued in his shirt pocket. Unloaded pistols can't fire, no matter what the provocation.</description>
		<content:encoded><![CDATA[<p>&#8220;As far as I can recall, Barney Fife never shot himself despite his<br />
      bumbling nature.&#8221;</p>
<p>That&#8217;s because Andy preempted Barney&#8217;s inner klutz and made him keep the one round he was issued in his shirt pocket. Unloaded pistols can&#8217;t fire, no matter what the provocation.</p>
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		<title>Comment on Update: “Judge says perfume lawsuit can proceed” by Bob Neal</title>
		<link>http://overlawyered.com/2008/11/update-judge-says-perfume-lawsuit-can-proceed/#comment-35876</link>
		<dc:creator>Bob Neal</dc:creator>
		<pubDate>Tue, 02 Dec 2008 02:08:46 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=7935#comment-35876</guid>
		<description>Wonderful James.  But exactly why is this the employer's fault and why is the employer on the hook potentially for 7 figures?  Regulate perfume out of the marketplace.  It's not the employer's duty to regulate perfume.  Where does it end?  My deodorant causes you problems so I have to stink?  Then my stink causes you problems, so I have to bathe with fragrance free soap?</description>
		<content:encoded><![CDATA[<p>Wonderful James.  But exactly why is this the employer&#8217;s fault and why is the employer on the hook potentially for 7 figures?  Regulate perfume out of the marketplace.  It&#8217;s not the employer&#8217;s duty to regulate perfume.  Where does it end?  My deodorant causes you problems so I have to stink?  Then my stink causes you problems, so I have to bathe with fragrance free soap?</p>
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