BLAWG REVIEW #139
Product recalls for goods made in China have been making the news all year, and last week’s recall by Dollar Tree Stores of 300,000 Chinese baby bead toys and toy cars due to lead was yet another example of how the cheap business solutions are not always the least expensive. It’s also illustrates why it pays to know how the law touches your company’s moving parts.
At this crazy time of year we need to get the lead out of more than just toys if we want to survive the busy holiday season. Luckily, the blawgisphere is full of wonderful tidbits — gifts of wisdom waiting to be unwrapped with a click.
To help cope with the stress, Jonathan Fields offers tips on how to “Un-bake your brain“ while Mad Kane’s Office Party Follies takes a humorous look at how to attend the holiday office party without sacrificing your career and Gruntled Employees points out the liability of a weak handshake. (Note to self: don’t use weak handshake at company party and always sign the holiday card.)
For employers, law.com’s reminder of Why its Important to Ensure Employees Don’t Get Blitzen’d at the Holiday Party is a perennial favorite for avoiding unwanted liability. The Connecticut Employment Law Blog notes that in some strange circumstances employers may be at risk for actions taken by former employees who haven’t worked for the organization in decades.
Being able to resolve disputes amicably is a gift unto itself. Be sure to check out MediationChannel.com , an award-winning alternative dispute resolution weblog that offers information, news, and commentary (not to mention the occasional offbeat story) on mediation, negotiation, law, and conflict management. Particularly noteworthy is the celebration of how the blogosphere is transforming how we talk about dispute resolution.
Managing expectations, through mediation or otherwise, is important to building and maintaining solid business relationships and avoiding liabilities that result from misunderstandings. Susan Cartier Liebel discusses the importance of back up communications plans in the grip of wintry weather. But if you really want attention grabbing communications and you deal with insurance issues, you won’t want to miss the elements of a sphincter-tightening mediation presentation. Yes. The posting really says that.
Speaking of sphincter-tightening, some lawyers apparently don’t seem to care much about public perceptions and are more than willing to sacrifice client relationships and fuel lawyer jokes in pursuit more money. You might say it’s the gift they give themselves.
This week’s blawgisphere has a few postings that fall in that category. Take for example the report about the personal injury lawyer who names actual accident victims in their blog posts in hopes of landing a gig. Kevin O’Keefe thinks that’s going too far. I agree. Also noteworthy in an unrelated post is the $42 million contingency fee.
On another page of the help yourself chapter is intellectual property law. Such behavior not only demonstrates poor legal literacy, but according to Agoraphilia’s recent post, is of moral importance.
Dr. Michael Geist at the University of Ottawa, however, notes that evolving public policy influences the definition of what is legal and that grassroots advocacy can influence public policy. That nexus is important because in Canada, for example, copyright law has changed from being focused exclusively on creator rights and “piracy”, to one that includes user rights and consumer property. (See The Patry Copyright Blog for developments in the US.) He attributes that change to thousands of letters and phone calls from Canadians across the country and across the political spectrum.
Good stuff Dr Geist. But let’s not forget the distinction between the change process and an actual change in the law. One precedes the other; but, one should not be confused for the other. To do so could result in a violation of the law as it currently stands. Just ask Sony BMG, they’ll tell you that making a copy of your own CD is a crime.
It just goes to show you how maintaining legal literacy is a continuous learning process. Just ask the news internet site that blacklisted a Chinese troll for using abusive language in online bulletin boards and got sued for it.
Clearly, what you say and how you say it is important. It can go a long way towards avoiding liability and improving business relationships. When done right it’s a win-win! Ray Ward discusses the value of short sentences and cites Joanne Young’s 10 Commandments for Writing. And for lawyers trying to battle legalese, some plain language guidance is offered by The Party of the First Part and Wayne Schiess’s Legal Writing Blog with a special tip of the hat going to Sun Microsystems for putting plain language into action with its newly revised contributor agreement.
Other “gifts” discussed this week include NY bar examiners willing to entertain appeals of exam answers submitted on laptops with malfunctioning software, the government’s proposed fix for the sub-prime mortgage mess (which may have some legal issues), and the challenges of federal sentencing guidelines being advisory rather than mandatory.
Sometimes the best gift is the opportunity to start over. If pushing someone out of the nest is on your to do list, The Word on Employment Law offers suggestions with the Art of Firing, part 1, part 2, part 3 and part 4. You might say it’s a different kind of lead removal.
For less drastic ways to turn the page and jump start a new chapter in one’s career, Legal Sanity’s Arnie Herz suggests reconnecting with your business network.
Regardless of which approach you take, please take a moment this holiday season to appreciate those around you. Be nice to your teenage daughter and respect the need for a work/life balance. After all, you don’t want to be blasted in someone’s obituary by a surviving spouse.
Wishing you and your family a happy and healthy (lead-free) holiday season, as well as a fabulous New Year and of course continued legal leverage through legal literacy.
And now, a word from our sponsor: Blawg Review has information about next week’s host, and instructions on how to get your blawg posts reviewed in upcoming issues.