Al Nye The Lawyer Guy

State Legislator Wants To Divide Maine In Half

2010-03-11T15:36:44-05:00

As reported in today’s Press Herald, a northern Maine State Representative, Henry Joy, wants to divide Maine into two states.

And people wonder why there is a call to reduce the number of legislators in Augusta.

Les Otten For Governor? You Decide.

2010-03-11T14:47:42-05:00

I’ve seen the ads Les Otten has been airing for his bid to be Maine’s next governor.

“I pledge not to raise taxes,” he says with his right hand up in the air like he’s swearing an oath like a witness at a trial. I’m not sure why this is regarded in the commercial as such a big deal. After all, isn’t that exactly what Governor Baldacci has been doing all the time that he’s been in office?

But I remember Otten best as the head of American Skiing Co. when it was driven into the ground and he was thrown out as CEO.

The Forecaster has published an accurate piece on Otten’s running of the company.

Read it and decide if this is the man you want to be our next governor.

Centics Season Is Over

2010-03-11T14:01:52-05:00

I’ve written recently about the Boston Celtics woes. Oh sure, they’re in first place in their division. But they have the worst first place record of any other first place team in the NBA. (In fact, if they were playing in the NorthWest they’d be in 3^rd place behind Denver and Utah.)

Last night they lost by 20 points to the Memphis Grizzlies — at home! This matches the 20 point loss to Cleveland last month.

Memphis led by 22 at the half and the team was booed into the locker room. Sure, you can make excuses about them losing the night before to Milwaukee and having to travel home. But really. That’s what NBA play is all about.

With Garnett getting only six points, the big three just aren’t getting it done this year.

Face it, the Celtics are toast.

Portland School Committee Considers Cuts

2010-03-09T10:05:01-05:00

As reported in today’s Press Herald, the Portland School Committee had its first public hearing on the proposed $89 million budget shortfall and needed cuts of 80 positions. And, no surprise, no one wants their budget cut.

Employees said they want to remain employed; people indicated that programs — like special education, sports, music — should be retained.

Hmmm.

There nearly a $90 million shortfall and no one wants to cut jobs or programs (at least not the programs they’re in favor of). So how does the budget deficit get balanced?

It’s a tough call — but some things are going to have to change. This huge shortfall can’t be ignored or made up by tax increases. New Superintendent Jim Morse was hired to make some hard choices.

It’s time to face the music.

Have The Celtics Lost Their Way?

2010-03-01T15:02:19-05:00

Playing at home once meant something for the Boston Celtics. No let downs, hard playing, tough defense and no gimmes for the other team. In short — a home stand meant a great chance at victory.

Unfortunately, this year it doesn’t seem to matter where the Celts play. At home, the Celtics had their worst loss of the season, 108-88, against the Cleveland Cavaliers Thursday and their most embarrassing loss of the season to the 5-52 Nets Saturday. I mean really — the Nets — at home — are you kidding me?

Oh, I know that the Celts have had their injuries. But the team needs to find a way to win games when Pierce, Garnett or anyone else is sick or injured. Quality teams still get the W when their star is missing. And for a team with at least three stars, it should be even easier.

Especially for home games.

The Busy Lawyer's Guide to Success By Reid F. Trautz & Dan Pinnington

2010-02-23T13:09:28-05:00

The Busy Lawyer's Guide to Success

Essential Tips to Power Your Practice

By Reid F. Trautz & Dan Pinnington

American Bar Association

$69.95, soft cover, 141 pages, 978-1-4389-60442-468-3 (2009)

This pocket guide (and it really is a pocket guide – I chuckled at its size when opening the mailing package) is described on the back cover as "the 'best ever' collection of practical tips, ideas and techniques" to help lawyers survive and be successful practicing law.

The book is divided up into eight key topics:

· Client service

· Marketing and client development

· Technology

· Coping with email

· Making (more) money

· Ethics and professionalism

· Firm management and operations

· Strategy and planning

I should immediately point out that none of the advice in this guide is earth-shattering. Although basic, the information is still well worth hearing over again as a reminder of what it takes to gain and keep more clients. This is especially true during these difficult financial times when you can't read a legal publication without mention of how many lawyers have been fired. I can only assume that many attorneys have recently opened their own practices out of necessity, rather than choice. As such, this guide provides common sense advice that should not be ignored.

In the section on Marketing and client development, for example, the authors present eight practical ideas on how to be more effective in business networking, each with a full paragraph of description. In summary form, they are as follows:

1. Go with a goal.

2. Don't just hangout and schmooze with friends. Branch out.

3. Create a five-second sound bite and a 30-second elevator speech.

4. Have the right handshake.

5. Listen more than talk.

6. Bring business cards.

7. Follow up after the meeting.

8. Remind new contacts who you are.

I know, I know … there's nothing ground-breaking in that list. It's just plain, solid advice. But if you can do the basics well, just like the saying about showing up, you're halfway there.

The other thing I like about this guide is that at the end of each of the chapters, there's a list of additional resources to turn to – often a book, article or website. Even better, the authors highlight one selection saying, "if you read just one book on [this topic], read …." Oh sure, the featured selection is often an ABA publication, but sometimes, that really is the best source.

Of course, once you've read this helpful guide, then the really hard work begins: following the advice. After all, it's one thing to know what to do; it's another thing entirely to actually follow the suggestions. One plan might be to pick one or two proposals from each of the eight topics and implement those ideas. Once you have a few mastered, add a few more until you follow through on all the ideas you believe would be helpful in your practice.

If I have any criticism of this guide, it's the same fault I find with most ABA books – they're just too darned expensive. Paying $70 for this 149 page guide is a bit much. Even though you can get it on Amazon for less than $50, this guide is still too expensive. The ABA still believes that all lawyers are wealthy and can easily afford costly books and seminars. I'd bet that the thousands and thousands of lawyers that became unemployed this year would disagree.

Buy it here on Amazon.

Anthem Wants To Increase Rates In Maine By 23%

2010-02-23T08:10:27-05:00

The Portland Press Herald writes that about 100 people showed up to protest a proposed rate hike by Anthem Blue Cross and Blue Shield of Maine to increase its premiums for its HealthChoice and Lumenos products by about 23%.

Things could be worse. In California, Anthem Blue Cross wants to raise rates 39% for its 700,000 policy holders.

During the recent Health Care debate, one of the chief arguments of those against the bill was that it would increase health insurance rates. But I heard on CBS news last night that insurance rates are skyrocketing all across the country.

I’d like to work for an insurance company. Even better, I’d like to own one. After all, it appears that if we pass health care reform, rates will go up. If we do nothing, rates will also go up.

If you’re part of the insurance industry, can you say win-win?

Back From ARAG Seminar in Phoenix

2010-02-22T08:04:10-05:00

I've just returned from a seminar in Phoenix at the Royal Palms Resort and Spa. I was able to get out early and run up Camelback Mountain and went on an excursion to the Heard Museum (which features informative exhibits on Native American Cultures), and then going to the Desert Botanical Gardens (lots of cacti).

This was an ARAG sponsored seminar — one of many that I’ve attended over the years. ARAG is a legal plan with nearly one million members. I’ve been a lawyer working for the program and can’t speak highly enough of it.

Members of ARAG plans have access to lawyers for nearly all their legal needs. It’s an affordable alternative to paying directly for a lawyer. If your company has an ARAG based legal plan and you haven’t used it yet, what are you waiting for? If they don’t have such a plan, I encourage you to look into it.

Employee or association sponsored legal plans make sense for a lot of reasons. There is an excellent article on the ARAG website that addresses how legal issues can directly impact employee morale, performance and productivity. It provides lots of food for thought.

Should Non-Citizens Be Allowed To Vote

2010-02-12T09:18:10-05:00

I wrote about the issue of allowing non-citizens the right to vote a year ago when a state senator sponsored a bill in Augusta suggesting that individual cities and towns could allow this to happen. The bill was defeated, and called by at least one state senator a "lame-brained proposal."

Now that proposal is being considered in Portland. The Press Herald has a story today about some residents of the city’s immigrant community testifying before the Charter Commission seeking the right to vote. No other Maine city has allowed non-citizens to vote.

I have to agree with the above statement, it still seems to be a lame-brained idea to me.

Who else has an opinion?

Bush Billboard: Miss Me Yet?

2010-02-09T14:29:18-05:00

Apparently some folks miss the former president. On Interstate Highway 35 near Wyoming, Minn., this billboard recently was erected as a political statement. It was paid for by anonymous businessmen and will stay up for two months.

Anyone out there miss former President George W. Bush?

Saints March On

2010-02-08T09:14:06-05:00

Not only did the sentimental favorite won the Super Bowl, they did it in style! Right up until the final quarter there was the sense that Peyton Manning could lead the Colts back from the brink. But the final score of 31–17 belies the interception in the 4^th quarter by Tracy Porter and his 74–yard run to the endzone.

Who Dat — Payton?

Nope. Dat Brees!

Second Crash Results in Death

2010-02-04T15:05:35-05:00

The Portland Press Herald has an article about a woman from Auburn who was in a hit-and-run automobile crash, fled the scene, and 15 minutes later was in another car accident that killed her.

It’s a tragedy, no doubt. But you have to appreciate the comments to the article:

Submitted by RADIO HEAD —

Thank goodness no one was hurt.

————————

Submitted by Andrea Sawyer —

Uh, someone was.

Update On New Year's Resolution

2010-02-01T10:02:30-05:00

I wrote here about my New Year’s Resolution to run outside all this winter. I haven’t run outside during the winter in more years than I can remember. As I mentioned in that post, I’ve had problems running consistently for years due to arthroscopic surgery on both knees. But with my change in running style (due to reading “Born To Run”), I’ve been running pain free — at least as far as my knees go. Everything else hurts: feet, ankles, heels, calfs, back, etc. — but my knees are fine thank you very much.

So how am I doing?

In January, I ran 104 miles. All but one or two runs were outside. I ran in 8 degree weather; I ran in a snow storm; I ran when the track around Baxter Boulevard wasn’t yet plowed; I ran over ice-coverd roads throughout Evergreen Cemetery; I ran in the dark at 4:30 a.m. when I didn’t see another runner anywhere.

But I ran.

How are you doing with your New Year Resolutions?

Tough Guy On A Motorcycle

2010-02-01T08:18:33-05:00

It was 19 degrees out this morning when I came into work. Across from my office are some motorcycle spaces set aside by the city in order to promote the use of bikes, scooters, mopeds and motorcycles.

This morning, there is a motorcyle parked over there. I’ve seen in a few times over the last month — some tough son of a gun is riding to work on his motorcycle in 19 degree weather.

Whoever you are, my hat’s off to you!

What Is Wrong With The Boston Celtics?

2010-02-01T07:50:00-05:00

Last year, Kevin Garnett was hurt. That was the excuse. That was why the Celtics didn’t have the depth to go anywhere in the post season. That was what all the fans agreed was the problem. “Just wait until KG is healthy next year,” they said.

Well, next year is here. And the men in Green still aren’t getting it done. They’ve been in a month long slide and have lost three in a row, and won only three of their last ten games. Kevin Garnett is back and the Celtics are relatively healthy, so what’s wrong?

Answer: they’re not winning.

And they gave this game to the Lakers away yesterday. The Celtics were up by 11 points in the fourth quarter when they went 4 for 15 shooting and turned the ball over 5 times. Face it, they choked.

It’s not like we haven’t seen this exact same situation play itself out here in New England. As a matter of fact … wasn’t that the same thing the New England Patriot fans said last year about Tom Brady? “Just wait until next year when Brady is back,” they said, “then we’ll see the Pats go all the way.”

Since the Super Bowl is between the Colts and the Saints next week, we know how that prediction turned out.

I wonder. Are the Celtics going to follow the lead of the Patriots? Are their championship years just a thing of the past, not something in their future? Have we already seen the best this team has to offer?

A Tribute To Robert B. Parker

2010-01-26T11:45:11-05:00

Robert B. Parker, the author of dozens of Spenser novels, as well as many others, died on January 18, 2010. He was 77. He apparently died doing what he loved, writing. His wife Joan found him at his desk having died of an apparent heart attack while she was out.

In addition to his Spenser books, Parker also wrote Jesse Stone novels, Sunny Randall novels, several westerns featuring Virgil Cole and Everett Hitch, and lots of other fiction and non-fiction.

Although I never met him, I’ve been to several book signings, meetings and conventions where he was the guest speaker. He always seemed to be a straight-shooter, a witty, down-to-earth man who was much like his Spenser character.

His first Spenser novel, “The Godwulf Manuscript” came out in 1973 — the same year that I graduated from high school. I, as well as many others, was an immediate fan. I’ve reviewed several of his books on this blog — most quite favorably. And while I won’t say that I’ve read all of Robert B. Parker’s books — or even all of his Spenser novels — I haven’t missed many.

Dennis Lehane wrote that the first chaper of his first novel “A Drink Before The War” was so much Robert Parker that he was “surprised he didn’t sue me.’’ Robert Crais, known for his Elvis Cole/Joe Pike novels (I just finished reading “The First Rule”), said Parker "opened the doors for everyone who came after."

That’s high praise from two contemporary writers for this great talent who will be missed by many.

Portland Fights Cuts In State Aid

2010-01-26T10:20:19-05:00

I live and work in Portland, so I’m well aware of how devastating the reduced state aid to the city will impact services. As noted in today’s Portland Press Herald, city officials are lobbying to have fewer cuts by arguing that Portland is being unfairly targeted.

Our city manager, Joe Gray, has said that Portland with have a $3 million shortfall in its current budget, and a $4 million shortfall for next year’s budget that begins on July 1^st. In addition, Portland schools face an additional reduction of $7 million in state aid.

Bottom line: this city is in a heap of trouble.

City officials are planning to meet with Portland’s state legislators to ask them to urge Governor Baldacci to give Portland a break.

Fat chance!

Everyone in the state legislature (except for Portland’s delegation) thinks that the city of Portland is rich, gets all the breaks already, and can fend for itself. Portland legislators can get next to nothing done in Augusta because all the other legislators thwart their every move. Face it, Portland is hated in Augusta much more than it is loved.

Frankly, I’d be amazed if anyone in Augusta cares much about Portland’s financial troubles.

If people in Portland are upset about the financial hard times faced by the city, they should look not only to Augusta and the Governor, but also to their elected City Council and School Committee members.

Our elected officials in this city typically believe that money grows on trees. The spending policies of the elected officials have helped put us in this financial crisis. How many millions of city money were wasted with all the planning of the failed waterfront development? How many “extra” employees have been on the city and school payroll over the last few years? Why is it that no matter how much money is available, it all gets spent (and then some) without anything put away for future hard times?

Make no mistake, the city of Portland will suffer for past instances of out-of-control spending. Our elected officials are the first stop if you’re looking for accountability.

Personal Injury Ad For Those Not Really Injured

2010-01-25T10:21:51-05:00

It’s refreshing to see a law firm poke fun at those folks who think they have a lawsuit. I don’t know how many times I’ve been asked to represent someone in a “personal injury” case with questionable injuries.

What do you think?

Colts and Saints in Super Bowl

2010-01-25T09:31:52-05:00

The Colts and Saints both deserve to be in the Super Bowl. They were leading teams throughout the year and Manning thumped the Jets good while New Orleans pulled out a squeeker.

That being said, I’d be amazed if Peyton Manning doesn’t have a field day in two weeks. I’d pick the Colts by 20 points.

Massachusetts Elects Republican -- Goodbye Health Care

2010-01-20T13:09:53-05:00

Now that Scott Brown has taken over the vacant Senate seat of the late Edward Kennedy, the Democrats have lost their filibuster-proof majority in the Senate. Analysis: new health-care legislation is dead.

What does this mean for Obama? I can spell it out in one word: jobs.

The American people (and the citizens of the Commonwealth of Massachusetts) are disillusioned with President Obama’s complete failure to turn the economy around during his first year as President. Unless the unemployment rate goes down substantially and the economy rebounds, expect more Republicans to be elected in November.

When he was elected, Obama had a huge mandate to make things different in Washington. He promised to turn things around, fast. What has happened?

Not much, really.

Oh, the banks and Wall Street were bailed out — and they’re getting the same huge salaries and outrageous bonuses they did last year — or they’re earning even more. The auto industry was bailed out and the insurance giants got some help.

And what about the little guy? Oh, there were lots of promises to help those facing foreclosure, lots of promises to add thousands of more jobs, lots of promises that the economy would rebound. The problem is that there were lots of promises with few results.

Message to the President: If you want to help the Democratic party retain seats in Washington, focus on the economy. Yes, the wars are important; yes, health care is a major problem; yes, the cost of energy, the environment, the decline in real estate values … and many other problems you can name are important.

But they all take a back seat to jobs.

Mr. President, whatever you’ve done to improve the economy hasn’t worked. Do something different. Put someone else in charge. Try a different solution. Don’t take your eye off the ball. Let people become secure again with a job that pays them good wages, then tackle those other problems.

If not, expect big gains by Republicans in November.

Update:

My nephew sent me a link to this hilarious video "Hitler Finds Out Scott Brown Won Massachusetts State Senate":

Links for 2009-03-06 [Digg]

2009-03-07T00:00:00-08:00

Wearable Friend Finder Devise Helps You Find Love
University of Maine students have developed a wearable gadget that lights up when you're near someone with compatible interests. A YouTube video shows how it works. Just imagine being able to find love by walking around and seeing who lights up!