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May 13, 2012
TheLawInsider.com recently sat down with Devang Desai, the new President for the University of Miami Law Alumni Association to speak with him about the state of the legal profession and his goals as LAA president. A partner with Gaebe, Mullen, Antonelli & DiMatteo, Devang graduated from the University of Miami School of Law in 2003. He concentrates his practice in the areas of insurance defense, products liability, transactional and commercial litigation, and bad faith consultation and litigation.
What are a few of your big goals as the new president of the law alumni association for the University of Miami?
First and foremost my goal is to continue to increase awareness of the LAA and encourage law graduates to support the mission of the Law School. We want to explore ways to increase engagement for our younger alumni in particular. And part of that will be to support our current students and create mentor opportunities between alumni and students. It will also be important for the LAA to be involved in the law school’s strategy to increase post graduate job placement as alumni continue to hire UM grads in large numbers.
As a partner at Gaebe Mullen, how do you budget… Keep reading
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April 12, 2012
By Joseph Sanscrainte, Esq.
The Federal Communications Commission recently approved a Report and Order that makes a number of important changes to its rules promulgated pursuant to the Telephone Consumer Protection Act. This document is designed to explain the most important changes:
PREDICTIVE DIALER/PRERECORDED CALLS TO CELL PHONES
The first issue involves the FCC’s new approach to predictive dialer and prerecorded calls to cell phones. The “old” rule prohibited delivering “any” such call to a cell phone unless you had prior express consent. The “new” rule divides such calls to cell phones into two categories: 1) predictive dialer/prerecorded calls to cell phones that constitute telemarketing; and 2) all other predictive dialer/prerecorded calls to cell phones.
Let’s take a look at category 1, predictive dialer/prerecorded calls to a cell phone that constitute telemarketing. The FCC divides THESE calls into three subcategories:
- Calls that constitute telemarketing that are made by or on behalf of a tax-exempt non-profit organization: for these, prior express consent only (i.e., no writing) is sufficient;
- Calls that constitute telemarketing that deliver a health care message from a “covered entity” (as defined in HIPAA): well, it’s clear that the FCC exempts prerecorded calls to cell
… Keep reading
Preston Clark
April 1, 2012
By Preston Clark
So you still want to be a lawyer, huh? Well, don’t say we didn’t we try to talk you out of it– but if you’re dead set on making it happen, check out The Law Insider’s Top 5 List of Things to Consider When Deciding on the Right Law School. Here we go!
#1: Location, Location, Location
When deciding on your undergraduate institution, there are a great number of factors to consider– but typically it all comes down to what’s the best place you can get into for the money. Law school is similar in that regard, but perhaps unlike your undergraduate education, where you go to law school is going to have a tremendous impact on the geography of your professional career.
That is to say, if you decided to get your liberal arts degree in Michigan, it didn’t necessarily mean that you were committing yourself to a professional career in Michigan. But law school is graduate school, my friends, and that means this is the last stop before you enter the real world of making money and paying off loans. Law schools go out of their way (hopefully) to help you network… Keep reading
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March 12, 2012
At a time when young law grads are struggling to score interviews much less land jobs, more and more are setting out on their own. Spencer Aronfeld’s book Make It Your Own Law Firm is just the guide for the brazen group of JD’s who find themselves with a law degree in hand, an abundance of ambition but a shortage of job offers.
Aronfeld tells his own story as a young law graduate in Miami faced with an uncertain future. Let go from his first job because of an incident involving office politics and a notorious “pop-corn popper” mishap, Aronfeld decides to hang is own shingle as a solo practitioner. With more questions than answers, Aronfeld was faced with the struggles of not only learning to become a lawyer but learning to become a business owner. Fast-forward twenty years and today Aronfeld runs a very successful personal injury and medical malpractice firm in Coral Gables, Florida.
Make It Your Own Law Firm reads exactly the way a soon to be solo-practioner would want it to. It walks you through the important gut-check-list to determine if you have… Keep reading
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February 13, 2012
FOX NEWS is reporting that Justice Breyer was robbed by a machete yielding intruder during his recent vacation in the West Indies.
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January 31, 2012
If your current personal-injury attorney fails to call you back the same day do not run out and get a new one….lawyers are busy people and you are, hopefully, not the attorney’s only client. But there is a difference between busy and neglectful.
I should emphasize that, we do not attempt to convince those who are happy with their current personal-injury-legal representation, to hop over to another lawyer – ever. If you are happy, stay the course. The most important thing is that you are receiving excellent medical attention and that your legal rights are protected.
But, if you (i) feel neglected; (ii) cannot get your lawyer to return a phone call on a regular basis, or (iii) otherwise doubt the efficacy of your current lawyer; then you have the right to interview and hire another personal-injury attorney that you feel will better represent your particular needs and your particular circumstances re: your car accident, motorcycle, boating, trucking, medical malpractice, RSD, products liability or any other claim.
Under Florida law, your old attorney must transfer all relevant files to your new attorney. And do not worry about who you are paying out of any recovery you might be entitled to – leave it to your old personal injury attorney and the new personal-injury attorney… Keep reading
Preston Clark
January 30, 2012
A good high school friend of mine, TJ Martin, along with co-director Daniel Lindsay, were just nominated for an Oscar. I tried to come up with a great thelawinsider.com take on the film– like the contractual implications surrounding its purchase by Weinstein Co. or some law related theme embedded into the story. But alas, I’m just going to give it a plug and tell everyone to go see this AWESOME FILM!
Check It Out:
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January 27, 2012
An unfortunate event happened a few months ago: A very nice young man (we’ll call him Emilio) slowly and cautiously walked into my office in obvious discomfort. During our conversation, he had to pause several times to wait until a debilitating wave of pain passed. Emilio informed me that, about a week ago, he had been driving through a green light at an intersection when another car ran a red light and slammed into the passenger side of his car. Emilio explained that the other driver got the ticket, and had liability insurance. I took a look at the other driver’s insurance policy, and sure enough, everything was in order - the other driver did in fact have enough coverage to pay Emilio’s medical expenses and then some. I was optimistic that our firm would be able to help this prospective client receive the highest quality of medical care, and see that he was fairly and adequately compensated for his out-of-pocket expenses and for his pain and suffering.
But then he showed me one other piece of paper.
It was only a single page and was entitled “Injury Release” and said something to the effect of: For One-Thousand Dollars consideration I forever discharge for all actions, causes of action, demands,… Keep reading
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January 25, 2012
After a car accident, or sustaining any other injury, hiring a reputable personal-injury attorney is one of the most important decisions you will make. I recognize that hiring an attorney can be an anxiety-producing process – you have to ask yourself: does this law firm have the experience to best represent me?; do I trust the lawyer that will be assigned to my file?; will he/she adequately protect and defend my interests?, etc. Consequently, some will delay making the decision to hire a personal injury law firm.
This is a potentially very expensive mistake. First of all, shortly after an accident, most insurance policies require you to inform your carrier (the other party involved in the accident will probably have to do the same). So now you have up to TWO insurance companies, with virtually unlimited resources at their disposal, that will immediately spring into action and launch their own investigation - all in an effort to justify paying you as little money as possible.
Insurance companies know that certain injuries will not become symptomatic for several days, and will try to take your recorded statement as soon as possible. You may feel little or no pain at the time of you recorded statement… Keep reading
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January 22, 2012
“BI,” “PD,” “PIP,” “UM” — OMG!! A primer to understanding your Car Insurance Coverage
No doubt about it – automobile insurance policies are confusing. Many a time has a recently-injured potential client of the firm entered the office to boast confidently: “I am fully covered!” or “Don’t worry, I have enough coverage”…believing that their insurance policy will pay for all of their injuries. It is then made all the more distressing when I have to be the one to inform them that they are mistaken.
The purpose of this series of articles is to explain some of the basic terms and several pitfalls that you should understand when purchasing car insurance.
Your insurance policy is comprised of several different types of coverage. These types of coverage fall into two basic categories:
(I) coverages that protect 3rd parties that you harm (Bodily Injury Liability | Property Damage Liability); and
(II) coverages that protect you (Personal Injury Protection | Uninsured Motorist)
If you would like to speak to an attorney, please call 1-800-379-TEAM (8326) and ask for Jason Neufeld, or email him directly at jneufeld@nkplaw.com.
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