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wills and trusts

“A former Brooklyn, N.Y., lawyer has pleaded guilty to fleecing millions of dollars from guardianship accounts he oversaw for incapacitated seniors and children. … at least 16 court examiners who oversaw Rondos [Steven T. Rondos] had signed off on his reports without detecting any red flags.” [NYLJ]

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The Yale law professor, a longtime advocate of probate-court reform, says the Nutmeg State’s recent legislation falls well short of what’s needed; he’s particularly critical of lawmakers’ decision to let probate judges go on carrying on their own law practices on the side. [Hartford Courant via Estate of Denial]

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The headline at Business Insider puts it more rudely than that. Business Week notes that “The singer faced a near-constant drumbeat of legal troubles in life. He’ll likely cue up plenty of them in death as well.” More: WSJ Law Blog; Eric Turkewitz with an early analysis of the medical and pharmacist liability possibilities.

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Gov. Jodi Rell has signed legislation reorganizing the long-criticized system, which handles child custody matters and conservatorships as well as wills and estates; Hartford Courant columnist Rick Green had made the cause a crusade with horror stories. More: Connecticut Law Tribune (cross-posted from Point of Law).

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Family disputes between a wife and the mistress over a will are probably one of the few times when the “not about the money” saying really is true. But after a two-week trial and two trips to the Georgia Supreme Court, it’s hard to imagine that attorneys aren’t going to get the majority of the $6 million at stake in the five-year battle over Harvey Strother’s will. A penalty clause calling for the disinheritance of anyone who challenged the will appears to have been successfully challenged by the wife’s family. (AP/Washington Post, Apr. 13; Talia Mollett, “Millionaire’s will trial begins today”, Marietta Daily Journal, Jul. 15; Tom Opdyke, “Life’s final chapter to play out in court”, Atlanta Journal-Constitution, Jul. 13; Melican v. Parker, 283 Ga. 253 (2008)).

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Connecticut probate mess

by Walter Olson on April 17, 2009

It’s deeply entrenched, yet political pressure for a change continues to build (earlier).

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March 23 roundup

by Walter Olson on March 23, 2009

  • Probate court in Connecticut: bad enough when they hold you improperly in conservatorship, but worse when they bill you for the favor [Hartford Courant]
  • Does “Patent Troll” in World of Warcraft count as a character type or a monster type? [Broken Toys]
  • 102-year-old Italian woman wins decade-long legal dispute, but is told appeal could take 10 years more [Telegraph]
  • “This Cartoon Could Be Illegal, If Two Iowa Legislators Have Their Way” [Eugene Volokh]
  • David Giacalone, nonpareil commentator on attorneys’ fee ethics (and haiku), has decided to end his blog f/k/a. He signs off with a four-part series on lawyer billing and fairness to consumers/clients: parts one, two, three, four, plus a final “Understanding and Reducing Attorney Fees“. He’s keeping the site as archives, though, and let’s hope that as such it goes on shedding its light for as long as there are lawyers and vulnerable clients. More: Scott Greenfield.
  • Even they can’t manage to comply? Politically active union SEIU faces unfair labor practice charges from its own employees [WaPo]
  • Judge in Austin awards $3 million from couple’s estate to their divorce lawyers [Austin American-Statesman]
  • “Keywords With Highest Cost Per Click”, lawyers and financial services dominate [SpyFu]

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February 18 roundup

by Walter Olson on February 18, 2009

  • Golfer’s ball bounces off yardage marker and hits him in eye, and he sues; not the Florida case we blogged last month, this one took place in New Hampshire [Manchester Union-Leader]
  • Who needs democracy, much easier just to let the Litigation Lobby run things: elected Illinois lawmakers keep enacting limits on med-mal awards, but trial-lawyer-friendly Illinois Supreme Court keeps striking them down, third round pending at the moment [Peoria Journal-Star, Alton Telegraph, Illinois Times, Reality Medicine (ISMS)]
  • “A sword-wielding, parent-killing psychopath can be such a help around the house.” [we have funny commenters]
  • Brooklyn lawyer Steven Rondos, charged with particularly horrendous looting of incapacitated clients’ estates [earlier], said to have served the New York State Bar Association “as vice president of its guardianship committee” [NYPost]
  • Updated annals of public employee tenure: Connecticut state lawyer who assumed bogus identity to write letter that got her boss fired drew a $1000 fine as well as a reprimand — and then got a raise [Jon Lender/Hartford Courant and more, earlier here and here]
  • Judge Bobby DeLaughter indicted and arraigned as new chapter of Dickie Scruggs judicial-corruption story gets under way in Mississippi; Tim Balducci and Steve Patterson, central figures in Scruggs I, each draw 2-year sentences [NMC/Folo and more, more, YallPolitics, more, earlier on Balducci, DeLaughter]
  • Disney “Tower of Terror” ride not therapeutic for all patrons: British woman sues saying she suffered heart attack and stroke after riding it several times [AP]
  • Convicted of torching his farm, Manitoba man sues his insurance company for not making good on policy [five years ago on Overlawyered]

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Phoenix: “Robert Jaeger says his brothers and sisters persuaded their mom to revise her will to cut him out. He is seeking more than $1 million in punitive and compensatory damages, far more than English’s home is worth.” His mother, Patricia English of Scottsdale, is very much alive and opposes the suit. (Arizona Republic).

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Great for lawyers’ image when that happens: “A New York surrogate court judge has approved a $91,000 payment to an estate executor, despite a provision in the decedent’s will prohibiting commissions to anyone.”

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Terry Erwin Stork

by Walter Olson on October 21, 2008

Disbarred Austin lawyer Terry Erwin Stork has been sentenced to 15 years in prison for a pattern of stealing from elderly clients after their deaths. Among Stork’s many and colorful misdeeds:

The records said Stork lived in the home of a deceased client from 1987 to 2002 and deposited money from the sale of the home into his own bank account.

In another case, he was accused of letting the home of a client sit empty, driving the woman’s Buick LeSabre to disrepair and using her money to add to his rare china collection. He was also accused of failing to pass along inheritances to people and organizations that were supposed to get them.

Prosecutors at a sentencing hearing cited evidence “that Stork has continued practicing law since his arrest by using the identity of his brother, who is also a lawyer”. (Tony Plohetski, Austin American-Statesman, Sept. 23; Estate of Denial (”Shining Light on the Dark Side of Estate Management”), Sept. 12; ABA Journal, Jun. 30). Earlier: Jul. 3.

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Microblog 2008-10-13

by Walter Olson on October 13, 2008

  • Don’t kvetch about Krugman Nobel, it’s for his work in economics not his politics [Cowen, MargRev] #
  • “Law Grad Cited for Frivolous Suits is Source of Obama Muslim Rumors” [ABA Journal] #
  • Garrison Keillor reads a poem on product warnings [Point of Law] #
  • Last will and testament, handwritten on a shopping list [Giacalone] #
  • Fast, fast relief from troublesome teens, just drop ‘em in Nebraska [Houston Chronicle] #
  • Michael Arrington: “suing someone to get them to return your calls is not exactly a sign of brilliance” [TechCrunch via Blawg Review #181 at Mediation Channel] #

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September 29 roundup

by Walter Olson on September 29, 2008

  • Watch where you click: “Kentucky (secretly) commandeers world’s most popular gambling sites” [The Register/OUT-LAW]
  • Erin Brockovich enlists as pitchwoman for NYC tort firm Weitz & Luxenberg [PoL roundup]
  • U.K.: “Millionaire Claims Ghosts Caused Him to Flee His Mortgage, I Mean Mansion” [Lowering the Bar]
  • Prosecution of Lori Drew (MySpace imposture followed by victim’s suicide) a “case study in overcriminalization” [Andrew Grossman, Heritage; earlier; some other resources on overcriminalization here, here, and here]
  • Exonerated Marine plans to sue Rep. John Murtha for defamation [Pittsburgh Post-Gazette]
  • Snooping on jurors’ online profiles? “Everything is fair game” since “this is war”, says one jury consultant [L.A. Times; earlier]
  • Allentown, Pa. attorney John Karoly, known for police-brutality suits, indicted on charges of forging will to obtain large chunk of his brother’s estate; “Charged with the same offenses are J.P. Karoly, 28, who is John Karoly’s son, and John J. Shane, 72, who has served as an expert medical witness in some of John Karoly’s cases.” [Express-Times, AP, Legal Intelligencer]
  • School safety: “What do the teachers think they might do with the Hula-Hoop, choke on it?” [Betsy Hart, Chicago Sun-Times/Common Good]

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Making pets into millionaires

by Walter Olson on September 26, 2008

Both Ted and I have covered this phenomenon in the context of Leona Helmsley’s eccentric will, and now Jeffrey Toobin has an extended treatment in the New Yorker (”Rich Bitch”, Sept. 29).

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Thirty years after a jury ruled against his claims to be the inheritor of a fractional share of the reclusive tycoon’s wealth, Melvin Dummar still hasn’t given up. In a 19-page opinion, the Tenth Circuit has now upheld the dismissal of his latest lawsuit. (Pamela Manson, “10th Circuit Court of Appeals rules against Melvin Dummar and the ‘Mormon Will’”, Salt Lake Tribune, Sept. 13)(via Know Your Courts, Tenth Circuit/Colorado gadfly site).

July 15 roundup

by Walter Olson on July 15, 2008

  • New York attorney suspended from practice after attempting as guardian to extract $853,000 payday from estate of Alzheimer’s victim [ABA Journal, Emani Taylor]
  • Bought a BB gun to fend off squirrels, now his 20-year-old son faces three years for bare possession [MyCentralJersey.com via Zincavage]
  • U.K.: “Sports clubs face being put out of business following a landmark court ruling forcing them to be liable for deliberate injuries caused by their player to an opponent.” [Telegraph]
  • Prosecutors in Norwich, Ct. still haven’t dropped their case against teacher Julie Amero in malware-popup smut case. Why not? [TalkLeft, earlier]
  • Dealership protection laws, deplored earlier in this space, work to make a GM bankruptcy both likelier and messier [The Deal]
  • Strange new respect for talk show host Joe Scarborough in quarters where conservatives are ordinarily disliked? Some of us saw that coming [NYMag]
  • Following Rhode Island rout of lawsuit against lead-paint makers, Columbus, Ohio drops its similar case [PoL, Akron Beacon Journal editorial]
  • In latest furor over free speech and religious sensitivity in Europe, Dutch authorities have arrested cartoonist “suspected of sketching offensive drawings of Muslims and other minorities” [WSJ; "Gregorius Nekschot"]

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July 13 roundup

by Walter Olson on July 13, 2008

  • Nothing new about lawyers stealing money from estates, but embarrassing when they used to head the bar association [Eagle-Tribune; Lawrence, Mass., Arthur Khoury]
  • Unusual “reverse quota” case: black job applicant wins $30K after showing beauty supply company turned her down because it had a quota of whites to hire [SE Texas Record]
  • Who knew? Per class action allegations, pet food contains ingredients “unfit for human consumption” [Daily Business Review]
  • U.K.: “A divorcee who won a £1.4million payout from her multi-millionaire husband is suing her lawyers because she claims she should have got twice that amount.” [Telegraph]
  • UW freshman falls from fourth-floor dorm window after drinking at “Trashed Tuesday”, now wants $ from Delta Upsilon International as well as construction firm that put in windows [Seattle P-I, KOMO]
  • After giant $103 million payday, current and former partners at Minneapolis law firm are torn by feuds and dissension — wasn’t there a John Steinbeck novella about that? [ABA Journal and again, Heins Mills]
  • Small firm that used to make Wal-Mart in-house videos sets up shop at AAJ/ATLA convention hawking those videos for use in suits against the retailer [Arkansas Democrat Gazette, earlier]
  • When the judge’s kid gets busted [Eric Berlin; Alabama]

July 3 roundup

by Walter Olson on July 3, 2008

  • Texas probate and estate lawyers seldom prosecuted when they steal funds, clients told they should just sue to get it back [Austin American-Statesman investigation]
  • About a third of the way down the center strip, then just a bit to the right, you’ll find us on this much-linked map of the campaign season’s most influential websites [Presidential Watch '08]
  • Given the enormous liability exposure, would a doctor rationally want a major celebrity as a client? [Scalpel or Sword via KevinMD]
  • The loser-pays difference: Canadian franchisees pursue failed class-action claim against sandwich shop Quiznos, judge orders them to pay costs of more than C$200,000 [BizOp via ClassActionBlawg]
  • Annals of extreme incivility: judge condemns “heartless attack” at deposition on opposing lawyer’s pin honoring son killed in Iraq [Fulton County Daily Report]
  • You keep an open wi-fi connection at home and your neighbor uses it to download music improperly. Are you an infringer too? [Doctorow via Coleman]
  • As you’ve probably heard if you read blogs (but maybe not otherwise), one Canadian “human rights” tribunal has dropped action against Mark Steyn and Maclean’s; another still pursuing case [SteynOnline]
  • Prison-overcrowding lawsuit could lead to early release of 27,000 California inmates [TalkLeft]
  • “He absolutely would’ve gotten this DOJ job but for the anti-liberal bias … and he can’t land any other jobs?” [commenter KenVee on lawsuit over politicized Department of Justice Honors/Intern programs, Kerr @ Volokh, background]

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