LAWYERSCHILE EL MUNDO INTERNACIONAL DEL ABOGADO

Rodrigo González Fernández y un grupo de egresados de la Facultad de Derecho de la Universidad la Republica en Chile ha decidido poner al alcance de todo el mundo de la profesion legal importantes materias en Ingles para ir practicando el trabajo en materia de Tratados internacionales y que nuestra profesión estará en primera linea. Invitamos a todos a opinar, debatir, participar activamente.Es el primer blog legal en inglés de latinoamerica.

Friday, July 03, 2009

Michael Jackson's Will Released, but Who Wrote It?

Last week, I wrote about some of the potential medical malpractice issues that Michael Jackson's death might raise. This week, the legal issues associated with Jackson's recently released will are driving the discussion.

The New York Times summarizes the provisions of Jackson's five-page will, dated July 7, 2002. The document gives the estate to the Michael Jackson Family Trust Fund and names his mother, Katherine Jackson, as legal guardian of his children, with Diana Ross serving as backup if Jackson's mother predeceased him.

Though Jackson provided for his children, he also stated that he “intentionally omitted to provide for” Deborah Jean Rowe Jackson, the mother of his two oldest children. The will also granted John Branca, an entertainment lawyer, and John McClain, a music executive and longtime friend, full power over Jackson's financial matters.

So what are some of the potential will disputes so far? For starters... [MORE]

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Posted by Carolyn Elefant on July 2, 2009

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LAWYERSCHILE: Law Firm Sued for Using Ill-Gotten Evidence From Spyware

Law Firm Sued for Using Ill-Gotten Evidence From Spyware

Let's say that you're a divorce attorney and your client brings you damning e-mails that will help her case. Before you decide to use those e-mails at trial, you'd better make sure that they weren't procured through the use of illegal spyware. Otherwise, as Sharon Nelson of Ride the Lightning cautions, you might find yourself the subject of a $2 million lawsuit like the lawyers at Chattanooga, Tenn., firm Berke, Berke & Berke (a firm name that has nothing to do with this guy).

According to Chattanoogan.com, Farrell Hayes is suing the Berke firm (and the individual name partners) for $2 million in a Tennessee circuit court for alleged use of e-mail spyware. Hayes claims that his soon-to-be ex-wife installed eBlaster software on his computer in order to intercept his communications. The software directed Mr. Hayes' e-mail to his former sister-in-law, and she passed them on to his wife. Hayes claims that the interception of the e-mails violated... [MORE]

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Posted by Carolyn Elefant on July 2, 2009

LAWYERSCHILE: Applicant Denied Bar Admission for Too Much Debt

Applicant Denied Bar Admission for Too Much Debt

Seems that University of California Hastings College of Law graduate Robert Bowman is in a bit of a catch-22, courtesy of the New York State bar. As The New York Times reports, Bowman owes roughly $400,000 in student loans. But Bowman doesn't stand a chance of ever repaying those loans now that he's been denied admission to the New York bar, because five appellate judges viewed Bowman's hefty debt and inability to repay it as evidence of a "lack of general character and fitness requisite for an attorney."

To be fair, the judges were more concerned with the fact that Bowman hadn't made any payments on his debt since 2000, when he graduated law school, rather than the size of the amount owed. But Bowman has had a difficult time along the way. He paid for college (he needed 10 years to graduate, for medical reasons), law school and a masters of law program in London through loans -- 32 in all. He then took the bar four times before he managed to pass. In the meantime, he experienced medical problems and duly sought deferrals from his lenders, who either failed to record his requests or improperly denied them.

In his bar application, Bowman stated that he intended to... [MORE]

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Posted by Carolyn Elefant on July 2, 2009