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« November 2007 | Main | January 2008 »

Dec 28, 2007

Airlines to Appeal Passenger Bill of Rights

If you have ever spent more than 3 hours waiting on a tarmac, trapped in a huge metal contraption with screaming babies, no food, overflowing toilets and stale air, you will definitely view the Airlines as the Monster of the Century. 

Unbelievably, an airline industry trade group has filed a notice of appeal in its challenge to New York state's new law requiring better treatment of passengers sitting on grounded aircraft.

What does this have to do with paralegals?  Probably nothing.  What does this have to do with the rights of every traveler whether on business or pleasure?  Everything.

The Air Transit Association of America filed a notice to appeal last week's ruling by Northern District of New York Judge Lawrence E. Kahn. He ruled in Air Transport Association of America v. Cuomo that the pro-passenger law is not pre-empted by the Airline Deregulation Act of 1978, as the airline industry group contended.

Let's see if I understand this properly: The law, which goes into effect on Tuesday, will require airlines to provide water, fresh air and working toilets to travelers stuck for longer than three hours on delayed flights. It allows the attorney general to seek civil fines of up to $1,000 per passenger per violation.

So, the airlines want to fly with passengers who have no water, unsanitary conditions, air that you can't breathe and 300+ people with no where to go to the bathroom.  You have a closed container full of elderly people, little children, people with medical conditions, anxiety-ridden folks and oh, yes, how about those stressed out pilots who have to fly the plane after sitting on the runway for 9 hours?  Hmmmmm......I think for that, I'll take the train.

Dec 20, 2007

Nonlawyer Contract Experts: New Wave for Paralegals?

A boutique business law firm for life sciences companies is luring clients with a lower-rate structure that relies on nonlawyer contract experts for template contract work.

Waltham, Mass.-based Faber Daeufer & Rosenberg has attracted more than 200 clients since its October 2003 launch.

According to an article from law.com, the firm began with two lawyers from Cambridge, Mass.-based drug maker Millennium Pharmaceuticals Inc., and was joined shortly by another Millennium lawyer and contract specialist and one law firm attorney. It currently has 12 lawyers, five contract specialists and two paralegals.

The contract specialists, who each has more than a decade of industry experience, handle "day-to-day contracts," like clinical trial agreements and material transfer agreements.

Legal consultant Marci Krufka, a principal with Altman Weil Inc., said she hasn't heard of firms using contract specialists, but firms are increasingly hiring nonlawyer professionals to complement their services. "Anytime firms can implement strategies that are innovative and can save their clients money, I know general counsel really appreciate it," Krufka said.

Contract Administrators are also paralegals who have learned a highly specialized niche area.  It is not unusual to find Contract Specialists in corporate law departments who were previously paralegals.  The Faber firm clients learned the firm's contract specialists bill at $220 to $280 per hour compared with $290 to $510 for the firm's attorneys.  Saving fees is always good news to the client.

It's good to hear that law firms attitudes towards utilizing nonlawyer professionals for routine work is expanding to new areas. 

Dec 14, 2007

Paralegals in China: Profession Develops from Toy Scandal

The toy recalls coming out of China apparently have more consequences than U.S. citizens seem to realize.  According to an article written in YaleGlobal online, not often noted in the uproar was that the toys shipped from China are mostly made by Hong Kong firms using cheap labor in China. Their factories in China make toys for big brand-name companies such as Mattel and Disney based on designs that the American corporations provide.

No mention has been made of the many hundreds of thousands of Chinese workers who labor under dangerous conditions, making toys and many hundreds of other kinds of export products. If lead paint is used, workers are the ones exposed to lead hour after hour. In numerous industries, all too often workers are exposed to noxious fumes and dangerous machinery. They are poor migrants from China’s countryside, and they endure work days averaging 11 hours, six to seven days a week, to earn take-home pay of $100 or less a month.

Most of the CSR (corporate-social responsibility) programs have made little headway in improving the conditions of workers who contract occupational diseases or are injured. Bosses simply discard most of them with scant compensation. Traumatized, they are in need of legal, moral and financial support. To secure adequate compensation requires them to run a gauntlet of legal procedures they can ill afford.

Increasingly, they have begun turning to people similar to themselves who have become paralegals. Many of these are former workers who had been injured or contracted occupational diseases and sued their bosses for compensation. After settling their own cases, they began helping others to do the same, and over time they have become increasingly conversant with the law and legal proceedings. In the Pearl River Delta region alone, there are now some 500 such paralegals, known in China as “citizens’ agents.” To support themselves, most of them charge a percentage of the compensation when a case is successful. Some register as a legal counseling service; others attach themselves to law firms, and yet others set up NGOs, (non-governmental organizations) though normally these need to be disguised by being registered as businesses.

By 2007, these citizens’ agents had become successful to the point of arousing open hostility from some manufacturers, and they had come to the attention of the provincial government. The authorities started to clamp down on their activities by disqualifying them from providing legal representation.

Huang Qingnan, a paralegal who headed a labor NGO, was brutally attacked in broad daylight by two thugs, who inflicted a number of vicious stab wounds. One of his legs was repeatedly hacked at and almost severed. At the time of writing, Huang is still in critical condition, and if he survives, may lose his leg. Huang was already badly scarred and deformed due to an industrial fire, which had led him to become a paralegal.

The assault against him followed on the heels of two recent daytime hooligan attacks against Huang’s NGO office. In the first of these, as a warning, several men destroyed the NGO’s doors with iron bars. In the second incident, a larger group of thugs wielding steel poles smashed the office and its equipment and threatened workers there seeking legal aid, while several local policemen looked on.

The brutality against Huang could herald the beginning of a new stage in the Delta’s labor history. It also puts new pressure on the major multinational corporations whose brand-name products, such as iPod, are produced in this area. The corporations do not want it said that their brand-name goods are produced in a lawless, repressive environment. The toy recalls may be only first of the publicity nightmares the companies will need to fend off.

Dec 08, 2007

Secondments: Everything Old is New Again

A brand new term, secondments, the transfer of employees from one organization to another on a temporary basis has sprung up in the corporate world.  The reality is, this lending of employees from law firms to in-house legal departments is not anything that's brand new.  It's been going on for years.

However, recently, secondments are gaining popularity with U.S. firms, as described in this National Law Journal article, Firms Lend Associates to Clients.  Historically used by London firms and their U.K. clients, U.S. firms are fast realizing that secondments offer a way to cement relationships between law firms and their clients, and to give associates a better understanding of the clients' needs.

Paralegals have worked as secondments for years now.  It is not unusual to have a law firm paralegal go to work either on a full-time, part-time or project basis at the client's location, particularly when working on discovery, document productions, corporate minute books or other document intensive projects. 

According to the National Law Journal, many of the firms that have instituted secondments have a global practice.  By sending attorneys to the offices of overseas clients, firms can reinforce an otherwise long-distance relationship.  And for associates, spending time in another country working essentially as an in-house counsel, offers a break from traditional law firm practice.  Working in-house also teaches associates about how to be more responsive to clients' needs.  Sherry Scott, an associate quoted in the article, learned from her secondment experience about the importance of giving clients enough lead time to respond to discovery requests because the information gathering process takes longer than she had imagined.

With all the noise about recent layoffs in response to the real estate crisis, this seems to be a good plan to hold law firm employees in place until the economy comes back up.  As law.com noted, the downside is that people may prefer the client to the firm.  In that case, surely a tighter bond with the firm is established.

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