July 16, 2008

CROCS AND ESCALATORS A BAD MIX

According to any number of recent reports, Crocs, the popular rubber shoe every kid seems to be wearing these days, may present a danger when worn on escalators. The report mentioned a recent situation involving a young girl injured at an airport. The girl[who was three at the time] and her mother were making their way through an airport on their way to a Disney vacation. At some point in the airport, they had to utilize an escalator. The young girl was weaing Crocs and one of her shoes became entangled in the escalator. It took emergency personnel a full 15 mintues to free the little girl. As a result of the incident the child suffered three broken toes and had to endure surgery where pins were placed in her foot. The girl's mother filed suit against the maker of the shoes, alleging the manufacturer knew the shoes could cause harm and didn't warn consumers.

And the manufacturer is already battling a lawsuit involving injuries to another small child when that child's Croc became entangled in an escalator at JFK Airport.

In a May 20, 2008 post on the Consumer Reports blog, Consumer Products spokesperson Julie Vallese noted Crocs are a new product on the market that "...poses a risk." [Unfortunately technical difficulties precluded a link to the blog].

The Consumer Product Safety Commission recommends following certain steps in order to avoid injures on escalators. I have summarized some of those recommendations below:

1) Make sure any laced shoes are properly tied;
2) Stand in the center of the step, as entrapment can occur on the side;
3) Always hold the hand of any small child riding with you;
4) Do not permit children to play or sit on the step;
5) Do not bring strollers, walkers or similar contraptions onto the escalator;
6) Always face forward and hold the handrail;
7) Know the location of any shut-off mechanism.

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July 9, 2008

CROSS EXAMINATION TIPS

I am presently reading a book entitled Your Witness, which is essentially a compilation of cross-examination pointers collected from prominent Chicago lawyers. [In the interest of full disclosure, the book was sent to me, in the hopes I would mention it on my blog]. Having said that, I have thus far greatly enjoyed most of it, in part because I happen to know many of the contributors, and acutally worked for a couple of them. I will periodically include some of the better material.

James Montana, a former federal prosecutor, contributed a chapter entitled "Knowing When to Stop". Montana was representing one of a number of defendants charged with RICO violations for using the facilities of interstate commerce[i.e. credit cards] to further prostitution. The indictment charged that the defendants, through the guise of a health club, actually ran a house of prostitution. The defense was that the health club was indeed a health club. Turns out though, that particular defense wasn't very compelling. The prosecution called a slew of witnesses, all of whom testified to sexual activity inside the club. According to Montana, the defense knew it was in trouble.

One of the governnment witnesses however, didn't hurt the defense. This guy, we'll call him Mr. Holmes, worked in a bookstore owned by Montana's client. The bookstore was right next to the club and Holmes testified that he went into the health club on a pretty regular basis, over a long period of time. Nonetheless, Holmes testified he never saw any acts of prostitution taking place. Montana concluded the witness was blind, and wisely chose not to ask any questions on cross.

The attorney for one of his co-defendants however, couldn't help himself. Montana then included the following dialogue[I eliminated only the name of the place so I don't get sued].

Q: With regard to what observations you made in relation to activities going on at the health club, you would from time to time, exit the bookstore and go into the premises at the health club, correct?

A: Correct.

Q: On those particular occasions, when you went into the health club, you observed nothing specific, isn't that correct?

A: I saw a naked man on a dog leash once. Does that count as something specific?

COURT: That is fairly specific.

Montana writes that the laughter from the Court, the prosecutors, defense attorneys and spectators went on for several minutes.

Sometimes you just have to leave well enough alone.

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July 1, 2008

TO YOUNG LAWYERS

The American Bar Association Section of Litigation publishes a Journal every quarter impressively entitled The Journal of the Section of Litigation. The Journal can occasionally be a bit...well, dry. Then there is Sidebar, the column written by Kenneth P. Nolan, a meat and potatoes lawyer from Brooklyn. His columns are not to be missed. They are short, funny and sometimes profound. His latest column is entitled "To Young Lawyers" and I have quoted some of it below:

I try not to denigrate anyone's skills, but we're lawyers, facilitators. Not one of us is finding a cure for cancer. Sure, we help people often in dreadful situations. But there's no reason for an end zone dance. Win your case; put your papers in your briefcase. Shake hands, or, if you're from Brooklyn, kiss cheeks. Thank the judge, the staff, and the clerk. Walk quietly out of the courthouse. Have an extra glass of wine or two. And the next day, pick up another file and begin again.

No grandstanding. Quiet confidence is the most effective. Keep your ego in your pocket. Sure, you're smarter and better than everyone else. Try not to show it all the time. Allow others a word on conference calls. Every leap year admit that another attorney's thoughts have value. Please. Include your victory on the website and in the materials that sit in your reception area. But don't let success and money change you. Be gracious. Have class. You're not as wonderful as your firm's propoganda attests. Ask your wife, your sister, your college roomie. They know.

Great advice, and not just for young lawyers.