Saturday, February 17, 2007

CEP Gets "Telling" Compliment

Some time ago, I was appearing before a Magistrate in the Cuyahoga County Court of Common Pleas, Domestic Relations Division on behalf of a client. We were finalizing an agreed judgment entry in a divorce proceeding. Opposing counsel stepped out to consult with his client and the Magistrate engaged me in ex parte conversation unrelated to the merits of the case.

She pointed out that she had not seen me in Domestic Relations Court before and wanted to compliment me on the professionalism with which I handled myself in the face of some dubious, albeit relatively minor, negotiation tactics of opposing counsel. She said, and I'm paraphrasing, you handled the situation with a great deal of equanimity.

My mouth dropped open and I was speechless. (No small feat for a lawyer.) Just about the time the magistrate's face began to betray that she perhaps thought I was insulted because I didn't know the meaning of the word, I managed to recover by uttering" "Wow! It's funny you used that word to describe me. I have a web-log called Cleveland Equanimous Philosopher." I went on to tell her that that was the very first time a near stranger has used that word to describe me; even though that it a word I often use to describe a big part of my ethos. We shared a laugh and I have a new best friend (at least in my own mind).

The upshot is: though I have been reticent about it, since creating this blog, I have often regretted its name. Too erudite, too aloof, too snooty, too, ah, incomprehensible. But alas, thanks to the private vindication of this dear Magistrate, now you are all stuck with it for good.

Kudos to Mayor Jackson for Pulling Back Some of the Curtain

I was on the City of Cleveland web-site today looking for information regarding Mayor Jackson's efficiency initiative and there on the home page on the right-hand side was a link called 2007 Mayor's Estimate.

Last year about this time, I did not know what the Mayor's Estimate was. Then I got involved with trying to stop the closing of Ladder 42 (the Cleveland Fire Division's ladder company that serves the neighborhood where I work and live) and with promoting the need for a greater focus on Public Safety in the city's budget. (See prior post.)

So what, you ask, does this have to do with kudos and curtains? Well, a year ago I learned that the Mayor's Estimate is the administration's proposed budget for the upcoming year as delivered to City Council. I also learned that it was extremely difficult to obtain a hard copy unless you "knew the right person." Fortunately, for me, I obtained a copy of last years Estimate. This year, ANYONE, can get an electronic version of the 500+ page document by simply pointing their Internet browser to this link.

Okay, okay -- kudos and curtains. Kudos to Mayor Jackson for putting this important document on the Internet for all to see and analyze. While a small step in making our city government more transparent, it is a significant one.

Stay tuned for future posts on my analysis and some pointed questions regarding the 2007 Mayor's Estimate. (Please don't take this as a reason to remove the link, Mr. Mayor.)

Wednesday, February 07, 2007

Tort Reform Myth #2

I last blogged about Tort Reform on January 2, 2006 with this post. Been too long. And now that our state government is not controlled by one-party rule, maybe some of our state leaders will have a reality check when it comes to some of the "supporting" arguments for the need for tort reform. Speaking of those arguments, one of the most strident (and, ironically, least-based in reality) goes like this: "WE NEED TORT REFORM BECAUSE OF RUNAWAY JURY VERDICTS!!!!" Well, what is reality? Have jury verdicts run amok? Certainly not. Here's some proof.

A reputable insurance defense law firm in Cleveland has posted a long list their top attorneys trial accomplishments here. The list includes the results of several dozen "personal injury" cases that this firm defended and includes the amount demanded prior to trial by the plaintiff, the amount offered prior to trial by the insurance company and the jury's verdict; along with a brief synopsis of the case.

Peruse through this list, and then tell me whether or not you think there is a need for more tort reform because juries are too generous and runanway jury verdicts are driving up the cost of insurance.

In fairness, plaintiff's firms also publish lists of their HUGE successes too. With multi-million dollar verdicts and settlements. I guarantee you that the defense firms' lists are at least 5 times longer than the plaintiff firms' are.

Tuesday, February 06, 2007

More Revelations About the Feds Dissing Firefighter Safety

See part two of MSNBC's investigative report on the mal-treatment of firefighters and firefighter safety by our federal government here.

As if the cold weather was not depressing enough. I don't know about you, but I'm calling my congressman (oh yeah, Kucinich -- I wonder if he'll stop running for president long enough to pay attention) and senator (Sherrod Brown, a glimmer of hope there.) to express my disgust. Hope you do the same.

Monday, February 05, 2007

Firefighter PASS Alarms Cover-up

This article on MSNBC got my blood boiling this morning, even though the temperature outside is sub-zero.

Ever since 9/11, George W. Bush (and other federal level politicians for that matter, both parties, but especially GWB) never miss an opportunity to stand next to a firefighter with an American flag waiving close by to "cash-in" on the Norman Rockwell-ness of a scene that always evokes heart-strings emotions, at least in me.

Now I find out that my federal government has been engaged in a cover-up; hiding or hindering research that shows a crucial safety device for firefighters frequently stops working or works not as well in conditions where high heat and/or water are present. HELLO!?!?!?!

It doesn't take a rocket scientist (or even a lawyer for that matter) to figure out that a life saving device for firefighters that doesn't work properly (or at all) in conditions of heat and/or water isn't worth a warm bucket of spit. Neither are our federal leaders who allowed this to happen and those who won't act to correct this issue post haste.

It's bad enough that these devices were approved in the first place without proper testing. But to hamper and interfere with research into issues with the device is unconscionable and very likely caused the death of one or more firefighters. Someone or someones should be headed to prison.

Thursday, February 01, 2007

Pet Peeve

I was in an informational parents meeting today for my oldest daughter's pre-school along with several other parents. The meeting was informative and to the point. Then came time for questions. UGH! There should be a mandatory course for every adult in this country that teaches them to ask questions of a presenter in a group setting that will elicit an answer that will benefit more than one person in the group, i.e. the person asking the question.

Do people honestly have no sense of the rudeness of taking up an entire group's time to get information or an answer to a question that cannot possibly have any relevance or use to anyone else in the room? Am I irrational, or do other people feel this way too? Let's start a movement to educate people and rid ourselves once and for all the "this question only relates to me" question.

What do you think?