General Legal

#Lex2011Tweetup – A twegal experience in London – Thank-you

For some time I knew that I was going to be in London in late March doing some work with The International Academy of Dispute Resolution. (www.inadr.org). When I put out a call on twitter seeking volunteer judges @SobukiRa, @clarinette02 and @AmandaBucklow were the first to respond. I was, of course, extremely grateful. Then something happened that was completely unexpected — Scottish lawyer @BrianInkster tweeted that he was going to speak at Lex 2011 (http://www.lex2011.co.uk/934-11%20-%20LEX%202011.pdf) on his law firm, Inksters’, experience of using Twitter. More interestingly, Brian tweeted, that Lex2011Tweetup, was going to occur on the evening after the first day of Lex 2011. Brian asked if I was going to be in London on the 16th, and could I make it. I said I had not planned on it, but would look in to the possibility. A couple of weeks passed, then there was a follow up tweet, and some gentle nudging by some others – @IkenCEO , @legaleagleMHM, @clarinette02 and I am sure a few more, that I have forgotten.

So, always having been one to respond to a nudge, off I went. I decided to attend Brian’s lecture, which required Brian to obtain an invite to Lex 2011, an invitation only event. I arrived at Heathrow at about 8:00 that morning and made it to the hotel in time for a shower and change of clothes. At a break, I found Brian chatting with @SteveKuncewicz. While Brian and I have shared many tweets, it was our first conversation. He gave a stellar presentation that provided loads of useful information on engaging vs broadcasting on Twitter, the effective use of multiple law firm Twitter accounts to broadcast firm specialties and blogs. It was an incredible learning experience

I left for a nap, and told Brian I would see him later at #Lex2011Tweetup. I was in the lobby of the hotel shortly before it was to start and saw a tweet from @HeatherTowns advising that #Lex2011Tweetup, as she and @BrianInkster were there. So I walked the block to the bar, and things were off and running.

Soon enough I was meeting, amongst others, @HeatherTowns @Azrights, @clarinette02, @London_Law_Firm, @IkenCEO, @DavidAllenGreen, @dylanwhite, @LindaCheungUK, @andrewneligan, and @TheNakedLawyer. I know there many more, and my apologies to those I have left out.

The tweetup was a collection of lawyers, some students and trainees, and law-related professionals. The atmosphere was one of genuine interest in each other, and a collegiality that was remarkable. We all had time to share a legal thought or two, and many laughs as well.

I have to say that it was a thoroughly enjoyable evening. I certainly am not part of, nor pretend to be part of the London legal community — but that night I felt about as welcome as I do in my own home.

Special thanks to all who made it so!

Links to Dispute Resolution Public Policy Information

ACR’s Legislative and Public Policy (LPP) Committee has identified the following links to organizations that track international, federal and state legislative and regulatory information related to conflict resolution. 

FEDERAL, STATE AND INTERNATIONAL DISPUTE RESOLUTION LEGISLATION

Advanced Dispute Resolution Institute at the William Mitchell College of Law
http://adrinstitute.com/library/legislation.htm#1; http://adrinstitute.com/library/
The Advanced Dispute Resolution Institute’s library of legislative and legal resources includes federal, state and international legislation related to arbitration, mediation and other forms of dispute resolution.

Cornell Law School: Legal Information Institute
http://www.law.cornell.edu/topics/adr.html
This Web site includes an overview of ADR and links to federal and state statutes, federal court decisions, international treaties and other ADR public policy information.

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Lawyers as Healers

Here is an interesting way to look at our profession —
Lawyers As Healers
By Nadia S. Ballas-Ruta, Esq of http://www.HappyLotus.com

When I began my first year at law school, many of the second year students warned me that my way of looking at things would change by the end of the year. I never understood what they were talking about until later that spring. Someone told me that they would talk to me later and I found myself trying to analyze what did later mean. Did it mean in a few hours, a few days or maybe later was another way of saying never again. It was at that moment that I realized the power of a legal education.

Many times in society lawyers are viewed as being dividers or people who nit pick at details for no other reason than to make trouble. Lawyers are viewed as being money hungry, overly ambitious, ruthless, seekers of loop-holes, and people who are trained to bend the truth. No one ever mentions that lawyers are healers. Society reserves the term “healers” for those in the medicine profession and psychologists. To be candid, I never thought lawyers were healers either until my second year of law school.

I was interning at a United States Senator’s office when I got a phone call from a constituent whose son was in deep trouble somewhere overseas. The other people in the office ignored the desperation in the woman’s voice because usually everyone who calls sounds desperate. Eventually, the call found its way to me and I listened to the woman. I basically ignored the panic in her voice and listened to the facts. I asked her some questions so that I could get a clearer picture. I realized that what she was saying really required some action so I did what I could and eventually by the end of the week, we were able to rescue her son. A few days later, I received a thank you letter from the mother and I still have it as a reminder of that experience.

In life, we each carry our perceptions of how things should be. We have our own set of rules by which we operate when facing whatever crosses our path. I have come to see that with my legal education, I have been given the tool to see that there are many angles to a situation. Two people can witness an accident and both will give different accounts of what they saw. Is one version better than the other? No, both are rooted in truth according to the perceiver. That is where we lawyers become healers.

We are trained to see a situation from many different angles and to find a solution that works for all involved. We are peacemakers because we realize that each situation is a matter of perception. People are often angered because they feel their pain or suffering has not been acknowledged. Acknowledging that they do have pain and that we are willing to help them heal their pain is a powerful skill to have.

I have found that with my legal training, I can walk into any situation and immediately see all sides of the problem where before, I only knew the concept intellectually.

People come to lawyers because they have a problem that they want solved. They also contact us because they want to be heard. We give people a voice and we help them to heal their pain. The greatest skill we can offer people is to listen and acknowledge their pain. We do not have to agree with it, we just need to understand and then help them come to terms with it.

Sometimes that means going to court and sometimes it may simply take a phone call. By giving our clients respect and listening to their pain, we can change a situation that has the potential to explode into one that can be managed. That skill is a form of healing.

Nadia Ballas-Ruta is an independent contract attorney. She is a graduate of Suffolk University Law School and runs her own blog, Happy Lotus (www.happylotus.com).

http://cuttingedgelaw.com/content/lawyers-healers

Nursing Home Care Act/ Arbitration / Preemption 2nd Dist.

Fosler v. Midwest Care Center II, No. 2-08-1005 (May 8, 2009) Winnebago County (Burke) (O’MALLEY, special concurrence) Reversed and remanded.
Trial court erred when it denied defendant’s motion to compel arbitration of plaintiff’s claim under the Nursing Home Care Act; because, contrary to holding by 5th Dist. in Carter, provisions of Section 3-606 and 3-607 of Nursing Home Care Act, which guaranty right to jury trial, are preempted by Federal Arbitration Act. Therefore, trial court should have enforced arbitration clause contained in admission agreement.