Claim: motel glass too clean

The Colorado Civil Justice League, in its May 21 newsletter, reports: “The Loveland Reporter-Herald reports that a Broomfield family has sued a motel for keeping a sliding glass door too clean. The family is suing the owners of the Hobby Horse Motor Lodge after their then-8-year-old son ran through a sliding glass door at the motel because ‘the glass was so transparent and clean that (he) erroneously, but understandably, assumed that the door had remained open,’ according to the lawsuit.”

New website coming soon: PointOfLaw.com

For a while now I’ve been at work on a project which will be of interest to many readers of this site, and I’m happy to say I can now divulge its general outlines. A few months ago the Manhattan Institute (with which I’m associated as a senior fellow) asked me to develop, launch and edit an entirely new website under its auspices (unlike Overlawyered, which is freestanding). The site’s mission: to take a more in-depth look at our legal system and how it might best be fixed.

Read On…

Parents yes, governments no

Fuhgeddaboudit, Bill Bennett: “grandstanding politicos seem intent on getting the government into the business of censorship. … It has been said that when Democrats start talking about children, it’s time to hide your wallet; when Republicans start talking about children, it’s time to TIVO the good stuff for posterity.” (Prof. Bainbridge, Jun. 4; Adam Thierer, National Review Online, Jun. 4). And another parent, this time a New Mexico resident with a 12-year-old boy, has been menaced by authorities with child abuse charges for taking his child off Ritalin, the antidepressant drug (Brian Robinson, “Pills vs. Talking: Dad Investigated for Taking Son Off Meds”, ABC News, Jun. 7). For an earlier case along the same lines, see Jul. 26-27, 2000. (via Wizbang). Sydney Smith has more (Jun. 8).

NYC’s Wilens & Baker reprimanded

New York subway riders have long been familiar with the high-volume ad campaigns of Wilens & Baker with its hotlines 1-800-DIVORCE (on which see Dec. 18-19, 2000), 1-800-IMMIGRATION and 1-800-BANKRUPT. At the moment the firm’s big campaign is aimed at recruiting patients who have received hormone replacement therapy: if they’ve taken Premarin or Prempro and later developed breast cancer, heart problems, or many other ailments, they may be entitled to compensation, the ads say. Wilens & Baker’s website declares that the law firm has “a real understanding of the emotional hardship that accompanies extremely unfortunate circumstances”.

Hmmm. It turns out the 12-lawyer firm and its partner Lawrence M. Wilens have just been censured by the New York judiciary for “engaging in a pattern of rude, neglectful and demeaning conduct toward clients” after admitting to 19 violations of the state’s Code of Professional Responsibility, according to New York Lawyer/New York Law Journal, which has numerous colorful details (Anthony Lin, “High-Visibility NY Law Firm Censured”, May 21). Although W&B’s Prempro website declares: “You deserve a firm which specializes in personal injury and mass tort litigation”, it does not mention that 80 percent of W&B’s caseload is actually in immigration law. In the disciplinary proceedings, the firm’s employees and Mr. Wilens in particular were found to have hurled insults at various immigrant clients, including those who could not afford to pay their bills. The firm said it had changed its practices and “Mr. Wilens and other senior lawyers at the firm completed anger management classes”, but the appellate panel refused a plea to keep the reprimand secret. It was also apparently unswayed by a character reference submitted by “Richard Katcher, the chairman of Wachtell, Lipton, Rosen & Katz, one of the city’s top corporate law firms. Mr. Katcher told the committee he was ‘buddies’ with Mr. Wilens and that they frequently dined, socialized and vacationed together. He said he had recommended Wilens and Baker on a number of occasions and Mr. Wilens was well regarded in professional and social circles.” David Giacalone, whose invaluable website has again suspended its specifically legal commentary, covers the story (May 21, & see his comments section).

Change of a penny proves bid’s legal undoing

Minimum deposit required $4,420 and 19.8 cents, actual proffered deposit $4,420 and 19 cents even, result: misery. After the tax auction of a piece of Ontario vacation land, a rival successfully challenged the high bid on the grounds that it should have included a deposit that was eight-tenths of a cent higher. We’re all in favor of formalism in the law, but… (Paul Waldie, “A penny saved . . . is a cottage lost”, Globe and Mail, Jun. 5).

Rule of Lawyers thanks

Thanks to David Bernstein (Volokh Conspiracy, Jun. 2) for his kind words recommending that people buy my book The Rule of Lawyers, newly out in paperback. Also to Key Monk, who calls it “another good read” (Jun. 1). Reviews of the book, from numerous perspectives, can be found here. Also, we’ve noticed a few more reviews of the book online in addition to those previously noted: Richard R. Forsten, “It’s a Mad, Mad, Mad, Mad World”, In Re: (Delaware State Bar Association), Oct. 2003; “Keeping Up With New Legal Titles”, review by Harvey K. Morrell, 95 Law Library Journal (2003), (PDF)(scroll to p. 588)(“In clear, lucid prose Olson keeps the reader enthralled as he recounts his tales of horror”), and George Leef, “The Learning Curve #145 — Rule of Lawyers: A Feeding Frenzy of National Proportions”, Carolina Journal, May 24, 2004 (“sardonic wit. …a well-researched and deliciously written expose of a serious national problem.”) Evan Schaeffer (Jun. 5) already has sent off for his copy, Paul of Right Side of the Rainbow (Jun. 6) plans to do the same, and you should too (revised and bumped 6/7).

Ultimate in buyer’s remorse

“A transsexual who spent ?60,000 on surgery to become a woman is suing her doctor after claiming that he misdiagnosed her with gender dysphoria.” Samantha Kane, 44, of Newcastle-under-Tyne, England, had been a millionaire property owner and father of two named Sam Hashimi until deciding to change his gender in an operation seven years ago. Now Kane says she does not enjoy living as a woman and misses the parts of her body that were cut off. She is suing consultant psychiatrist Dr Russell Reid, saying he advised her improperly and should never have permitted the operation. (Helen Nugent, “Sex-change woman sues over ‘terrible mistake'”, London Times/Gender Trust, May 27).

West Virginia M.D.s

…won the enactment of far-reaching liability reform in their state last year. How they did it (“The story of tort reform in West Virginia”, David A. Kappel, M.D., Bulletin of the American College of Surgeons, May (PDF)). See also “Malpractice Liability in West Virginia” (survey), U.S. Chamber of Commerce Institute for Legal Reform, Nov. 19, 2002 (PDF); American College of Obstetricians and Gynecologists, “Ob-Gyns Praise West Virginia’s New Law On Medical Liability Reform” (press release), Mar. 19, 2003. For the other side’s views, see Public Citizen, Jul. 9, 2003, and Stephanie Mencimer, “Malpractice Makes Perfect”, Washington Monthly, Oct. 2003 (& see Howard Kurtz, “Fox’s Middle Man”, Washington Post, Apr. 5 on publishing history of last-named piece, which was nominated for a National Magazine Award although the New Republic had “rejected it as flawed after a couple of rounds of rewriting”).