UN rights expert urges Morocco to combat human trafficking

[JURIST] UN Special Rapporteur on trafficking in persons urged Morocco on Tuesday to adopt a victim-centered approach [press release] to combat human trafficking [JURIST news archive] in the country. Joy Ngozi Ezeilo [official profile] said [UN News Centre report] “[v]ictims of trafficking are most often not being identified or being misidentified as smuggled and/or irregular migrants due [to] the absence of appropriate tools and protocols for victim identification.” Morocco ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons…

Source: http://jurist.org/paperchase/2013/06/un-rights-expert-urges-morocco-to-combat-human-trafficking.php

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Not The Smartest Way To Express Displeasure With Your Lawyer And The Jury

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Mr. Weusi McGowan was on trial in San Diego. It’s clear that he was dissatisfied with both his lawyer and the jury. How do we know this? Per 10news.com:

At the mid-morning break, McGowan produced a plastic baggie filled with fecal matter and spread it on [his attorney’s] hair and face, then flung the excrement toward the jury box, hitting the briefcase of juror No. 9 but missing the juror himself.

Ooooooh. What then? The jury was dismissed (whew) and the trial was postponed until another lawyer could be appointed. And in case you think this was the first time …

The prosecutor said the defendant had previously wiped human feces on himself and was examined by doctors to ensure he was mentally competent to stand trial.

What do you Mr. McGowan was alleged to have used in the case he was on trial for? Wrong! Not feces.

The prosecutor said the defendant hit a man with a rock in a sock as the victim came out of his home to investigate a commotion on Oct. 17, 2007. McGowan allegedly ransacked the man’s apartment then stole some of the victim’s belongings and took off in the victim’s car.

Here’s the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/l8v2KZC6EUI/post_709.html

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Same-Sex-Marriage Fight Shifts Back To States

The dual victories the Supreme Court handed to same-sex-marriage supporters Thursday mean Washington will no longer be the focus of the fight. The next gay-rights battles will be over state laws prohibiting same-sex marriage.

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Source: http://www.npr.org/blogs/itsallpolitics/2013/06/26/195985302/same-sex-marriage-fight-shifts-back-to-states?ft=1&f=1070

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Education Advocacy Clinic at Suffolk University Law School

Isabel Raskin, who runs the Education Advocacy Clinic at Suffolk University Law School, discusses her goals for the clinic, as well as what students enrolled in the clinic experience. Learn more about Ms. Raskin at http://bit.ly/AAPxJa.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/education-advocacy-clinic-at-suffolk-university-law-school/

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Judge Certifies Class in DuPont Employees’ FLSA Suit

A Middle District of Pennsylvania federal judge has certified a class of E.I. du Pont de Nemours & Co. and Adecco USA Inc. employees who have sued under the Fair Labor Standards Act of 1938 alleging DuPont failed to pay them for both coming in early and for time spent putting on and taking off equipment and uniforms.

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202607855266&rss=newswire

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Legal expenses – perception is reality

There are at least two components of legal costs:  Fees and expenses. When one is clearly out of line, the other is perceived to be out of line. Perception is reality.

Much has been written about the $1,000 per hour legal fee. It’s out of line, too high, much too expensive, etc. But the writers fail to assess the competitive market for those services and whether those services have some very special expertise connected with the fee that justifies the fee. If, for example, you’re in a "bet the company" situation, you want the best lawyer you can get. If you’re in a criminal trial as was OJ Simpson, you want a particular lawyer and team of lawyers. You will pay the asking price.

If you’re facing a normal contract dispute, one might consider this a commodity type of legal battle, one not requiring the best lawyer in the state; a good lawyer will suffice and the cost of his/her services will be adjusted downward accordingly. Some call this commodity pricing.

If you’re a very large bankrupt company, you need specialized professional expertise. According to Bankruptcy Court filings (attorney fees need to be approved by the judge), many lawyers in this arena are receiving $1,000 per hour. Nothing out of the ordinary here…. this is reality. 

However, when these same filings show application for expense reimbursements that are out of the ordinary, then questions arise. For example, why should the bankrupt estate pay for first class airfare, for normal photocopying charges, for faxes, for overnight hotel stays at the Waldorf-Astoria, etc.? Many such expenses are considered part of a firm’s normal overhead; many such expenses can be lowered by conducting oneself in the "normal course of business," such as charging for coach airfare (not first class or business fare), hotel charges (at a Marriott, etc. rather than the Waldorf).

Any "over" charges should be at the lawyer’s expense not the expense of the estate. After all, isn’t that why the lawyer is receiving the larger per hour fees? It’s when the lawyer begins to "nickel and dime" the client or take advantage by charging more than "ordinary" expenses, the perception of over-billing extends over to the fee itself. When asked, I usually advise my clients to reduce the expense charges and their fee charges will not be questioned.  It’s usually the $5.05 charge that brings the whole bill into question, not the other way around.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/KKCcF5i2pqo/

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Wisdom revised

From Alan Weiss, my coach, who develops pithy sayings to sum up the human experience. In his latest one, he says  It’s not "garbage in, garbage out" these days. It’s "garbage in, garbage gets stuck and clogs everything up."

So let’s look at the world as it is and, to paraphrase another saying, work with what we can control and ignore the rest. Our lives would be much happier and more productive.

Every time I have a complaint, I see the person next to me with a greater problem or challenge. I realize how blessed I am. Have a great Monday and rest of the week..

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/CGNea3fVSqM/

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