Archive for » January, 2011 «

LOL Just divorced. And no, that's not my car.
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According to the Tennessee attorney general’s office, Charlene Carter was doing business as Carter’s Paralegal Service and allegedly advertised her legal services on Craigslist and through business cards and was providing divorces to consumers.  There was no mention of how many divorces were provided and if there were any problems or issues with these divorces in the article I read at WSMV.com.  Carter has agreed to pay restitution to customers who paid for legal services and has agreed to stop the alleged illegal activity, according to the attorney general’s office.

I don’t know what the rules for a paralegal in Tennessee are, but in California a paralegal cannot offer legal services to the public, even completing documents, without the direct supervision of an attorney unless the paralegal is a Legal Document Assistant, (LDA).  I would love to hear from Tennessee paralegals on what they can and cannot do as a paralegal and if they have LDA’s or a comparable.

California LDA’s can prepare documents at the direction of the consumer, they cannot give legal advice, and cannot tell you what to put into the forms or select the forms for you.  An LDA must be registered and bonded in their county.  The California Association of Legal Document Assistants has a pdf that explains the differences between the Paralegal and LDA.

So, next time you think about making an extra buck, remember, it’s not worth it!

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The court is being asked to undo the $65 million settlement reached in theFacebook v. ConnectU case so the famously litigious and toned Winklevoss twins (and their lesser-written-about Harvard pal) can take a fresh stab at getting even more money from arch-enemy Mark Zuckerberg.

As reported in Legal Pad yesterday, Chief Judge Alex Kozinski, a techie who responded to an e-mail from Legal Pad in lightning-fast speed, offered: “I don’t have a Facebook account; never have.” The other two judges on the panel said through their chambers they weren’t keen on answering the question.

During a speech at Vanderbilt’s law school, U.S. Supreme Court Justice Stephen Breyer mentioned the film while making the point that judges must consider new technology when dealing with constitutional issues.

“If I’m applying the First Amendment, I have to apply it to a world where there’s an Internet, and there’s Facebook, and there are movies like … ‘The Social Network,’ which I couldn’t even understand,” he said, according to AP.

The matter before the Ninth Circuit is over old-fashioned issues such as the enforceability of settlements and allegations of securities fraud. Still, it’ll be interesting to hear if the judges make any commentary about the social networking phenomenon.

The Court has granted a TV station access to record the arguments and Legal Pad will report as well.  This will be an interesting case to watch.

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As reported in Legal Pad yesterday, they are hearing word that California Supreme Court Justice Carlos Moreno submitted his resignation to Gov. Jerry Brown. A public announcement is expected later this week.

Moreno, 62, joined the court in 2002, succeeding Justice Stanley Mosk. He has been seen as a center-left jurist, and was interviewed by White House lawyers in 2009 for the U.S. Supreme Court seat that ultimately went to Sonia Sotomayor.

Rumors circulated a year ago that Moreno would retire if Brown won election for governor. though the justice squelched them at the time.

Moreno is said to be planning to depart in late February. That means the court will almost certainly have a vacancy for at least several months, if the recent history of judicial appointments in a governor’s first year are any guide.

Whom Brown might appoint to the Supreme Court is a mystery. His Supreme Court picks were famously controversial during his first stint as governor, though he’s seen as having developed a more pragmatic outlook since then. Moreno’s departure will leave the court without any Latinos or Southern Californians. There have been no African-Americans on the court since Janice Brown’s 2005 departure, and no openly gay person has ever served.

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