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Book Review: The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court

May 31, 2009 | ,

Last weekend, I read The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court, which is a short account of the Supreme Court case, Marbury v. Madison. This book provides a good refresher about an important event in U.S. history as well as interesting factoids about the debates and personalities at the turn of the 19th Century. However, the subject of this book is not just about our past; the role of the Supreme Court continues to be a matter hotly debated. An intelligent discussion about the role of courts and judges in our democracy cannot take place without some understanding of Marbury v. Madison.

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Understanding Contingency Fees: Risk and Reward

May 3, 2009 | ,

In many cases, a client can secure legal representation without any out of pocket expense for attorney fees by hiring a lawyer on a contingency fee arrangement. The way a contingency fee works is that a lawyer agrees to be compensated from the proceeds of a settlement and judgment. Usually, the contingency fee is 33% of the “gross amount recovered.” If the case is unsuccessful, the lawyer gets no fee. The contingency fee arrangement which permits a client to fund their case with the anticipated proceeds of success helps many folks have access to justice who otherwise could not afford it. This is a good thing.

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Fairness in Nursing Home Arbitration Act of 2009: Prevent Mandatory Nursing Home Arbitration

Apr 24, 2009 |

I have another nursing home neglect case in which a nursing home (this time Magnolia Place of Greenville) has required a potential resident to waive her right to a jury trial in order to be admitted. The nursing home industry has been hit hard by lawsuits for negligence that result in serious injury to their elderly residents. So, instead of improving care, the industry has instead attempted to force residents to give up their right to a jury trial.

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Jurors are Tweeps Too: Web-based Mistrials A Trend

Jurors are Tweeps Too: Web-based Mistrials A Trend

Mar 20, 2009 |

Jurors are instructed not to conduct independent research about issues in the cases they are selected to decide. They must decide the case on the evidence presented. They must not discuss the case until deliberations and then, only while in active deliberations with other jurors. But, as a series of cases over the last week have demonstrated, locking jurors away in a room no longer guarantees they will be cut off from the outside world.

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