The Next Big Wave…

Great Wave off Kanagawa restored 300x206 The Next Big Wave...

The great wave off shore of Kanagawa, Katsushika, Hokusai, 1760-1849

Competitive industries are obsessed with “the next big wave” and civil litigation is no exception. We are all constantly searching for “edge,” the next big thing, the competitive advantage.

The next big wave in civil litigation might be sitting right in front of you or it is crashing right on top of you, depending on your age.

A disproportionate segment of our population, the baby-boomers, are now decked in increasingly dowdy dressings of upper-middle age and their parents are dying. This, in turn, will inevitably result in an increase in trust and estates litigation, elder law, the law of conservatorships, and health care law and so on over the next 2-3 decades.

Are you and your family prepared for this? Of course not. Let’s not dwell on negative things, right? That kind of thing does not happen in your family. You’ll cross that bridge when you get to it…

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Code-cracking Crackling Pre-cooked Bacon: Unitherm v. Hormel

the most interesting man in the world meme generator i don t always eat bacon but when i do i put extra bacon on my bacon 1238c9 239x300 Code cracking Crackling Pre cooked Bacon: Unitherm v. HormelBacon is at the center of almost everything. It is at the center of a pig, for example. It is at the center of the economies of several midwest states. These are at the center, of course, of the United States.

Bacon is even the delicate combination muscle/fat meme material that holds the entire internet in place. Without bacon… We should not even contemplate the possibilities…Someone could get hurt.

So, imagine that you invented a way for preparing pre-cooked sliced bacon. You would be a wealthy person.

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Humans Note Computer-Generated Informash Speech Makes Removing Usage

linkedin 400850 1280 300x300 Humans Note Computer Generated Informash Speech Makes Removing UsageLinkedIn sends all of us emails constantly and today’s to me said:

What are your connections up to?

Ed _______ is now Retired and at No where.

Congratulate Ed

(I do not know Ed _________. I hope he’s okay, whoever he is or wherever he is.)

Dear Giant Internet Companies that use computers to pretend to be human-like and pretend to talk to humans: How long will your companies survive when we, the humans that you are hope to lure into your systems and whose money you wish to obtain legally, cannot avoid the recognition that we are dealing with stupid inanimate programs?

(And isn’t the build-up to elections fun now that we live in a world where computers pretend to be our friends and say things like, “Seth, You won’t believe what they’re up to now!!!”)


Seeking Discovery from the Lawyer’s “In-Firm” Counsel in Legal Malpractice Cases

Whispering Seeking Discovery from the Lawyers In Firm Counsel in Legal Malpractice CasesUpdate (October 16, 2014): It is very rare for there to be “amicus” filings in trial court cases (that is, filings by interested third-parties, non-parties to the litigation). The legal malpractice lawsuit by JJ Holand against the Twin Cities law firm of Fredrikson & Byron is such a case.

Can Fredrikson & Byron (“F&B”) hide communications between F&B attorneys, on the one hand, and other F&B attorneys, on the other hand — so-called “in-firm counsel” — related to a potential malpractice claim brought by a soon-to-be-ex F&B client?

U.S. Mag. Judge Tony Leung (D. Minn.) answered, “Yes.” We want to enable lawyers to consult in confidence with their “in-firm” ethics colleagues, right? Otherwise, the lawyers won’t seek advice when clients would be better served if they did?

The Association of Corporate Counsel (“ACC”) amicus letter’s answer is “HELL NO” (I paraphrase).  (Here is the ACC’s 2-page letter and here is the 14-page ACC letter referenced in the ACC’s 2-page letter.)

ACC, the trade group for corporate America, and, specifically, the lobbying group for in-house lawyers for corporate America, does not want outside lawyers (that is, “law firm lawyers”) to be able to to hide “in-firm” legal advice from their clients.

Update #2 (same day): Fredrikson & Byron wins on the statute of limitation defense and Judge Montgomery agrees with Judge Leung’s “thoughtful reasoning and his thorough review of the relevant case law.”

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A Chilling Complaint…

Twin Cities lawyer, Robert Bennett, has enjoyed great success for three decades often representing estates of people who have died or injured people.

I am sure that some parts of his practice have stayed the same while some have changed dramatically. Presumably one thing that has changed is that the terrible tragedies that make up many of Bennett’s cases are more often video-recorded now than they were early in his long career.

In a recent Bennett complaint, the reader is walked through the last minutes in the life of a severely mentally ill woman incarcerated in Koochiching County moment-by-moment, with the benefit of a narrative of a video-recording. Reading the complaint, we, the readers watch her bizarre conduct and plaintiff’s counsel’s complaint forces us to ask the question that a judge and jury might some day wonder: where were the guards? Why are we seeing this and they could not?