Let’s face it:  Lawyers don’t love us if they have a history of behaving badly.  We knew this would be the case when we launched Avvo, and it is still the case today.  Not surprisingly, these lawyers (in legal parlance, “sanctioned lawyers”) fear the transparency that Avvo offers and they attempt to snuff it.  Now, usually they just threaten to take us to court.  However, every now and then they actually sue.

Yep, that’s right . . . another sanctioned lawyer has sued Avvo.  When I say “another,” you may recall that nine days after we launched Avvo (yes nine days) a sanctioned lawyer named John Henry Browne sued us for, in his view, misleading Washington consumers.  Interestingly, he asked for damages for himself rather than the aggrieved consumers, but that’s another story.  Fortunately, a federal judge saw Mr. Browne’s complaint for what it was and threw it out on a Motion to Dismiss.

Our current plaintiff, Joe Davis has filed a similarly misguided complaint.  It is a 25-page manifesto presumably intended to bully Avvo (you can see it here).  Sadly, not a word of it speaks to the real issue: that Mr. Davis was sanctioned by the Florida State Bar in 2007 and he doesn’t want you to know about it.  And I get it — Mr. Davis has had some serious problems involving child support payments and failing to appear for court dates – so much so that he was twice convicted and spent eight days in the pokey (you can read more about it here).  He was also found to have willfully obstructed the Florida Bar’s disciplinary process relating to these matters.  I wouldn’t want people to know about these things either.

But that is not how the modern informational age works.  Thanks in large part to the informational behemoths like Google and Microsoft, all sorts of information that was once locked away is being digitized and democratized for consumers.  What once may have taken a trip to the courthouse or a public information request is now a simple Google search away.  Those that have something to hide hate this.  Those that don’t range from ecstatic to indifferent.

But here’s the kicker:  Wherever you fall on this spectrum is irrelevant, because it’s not about you.  It’s about those consumers who are buying your products and services.  They have a right to know the good and the bad, and increasingly they demand to see it.  Sites like Yelp, Zillow, TripAdvisor and Avvo have not prospered simply out of the ether.  They have prospered because they give consumers more information and better guidance than they have ever had access to before.  In specific regard to Davis v. Avvo, while consumers have a right to know all of the highlights of Mr. Davis’ resume (which he dutifully shares here), they also have a right to know of his misconduct.

As I have said many times before, we are shining a flashlight in dark places.  Not surprisingly, some are more comfortable in the dark.

Avvo issued a press release regarding this lawsuit today.  You can find it here:  “Avvo Sued By Another Sanctioned Lawyer .”  Thanks to everyone who has already offered their support.  We look forward to a speedy resolution to this deceptive lawsuit and all of the silliness it brings.

Mark

[Note:  Updated at 9:01 a.m. 8/31/10 based on comment below]

Freakonomics is one of my favorite non-legal blogs to read.  Today, they point out that Catherine Rampell’s argument that ““jurisdictions that granted women the right to vote earlier generally had lower concentrations of women” is not  novel.  Ian Ayres notes that Akhil Amar made this observation back in 2005 in America’s Constitution: A Biography:

 

Much as the Founding Fathers had structured a Constitution whose promises of freedom and democracy sought to pull skilled European immigrants across the ocean, so their pioneer grandsons in the West evidently aimed to draw American women through the plains and over the mountains.

Data from the 1890 census provide some support for this admittedly crude theory. For every hundred native-born Wyoming males, there were only 58 native-born females. No other state had so pronounced a gender imbalance. Colorado and Idaho were the fifth and sixth most imbalanced states overall in 1890. The other early woman-suffrage state, Utah, had a somewhat higher percentage of women (thanks to its early experience with polygamy), but even Utah had only 88 native-born females for every hundred native-born males, ranking it 11th among the 45 states in the mid-1890’s. Also, the second, third, fourth, and seventh most imbalanced states — Montana, Washington, Nevada, and Oregon — would all embrace woman suffrage in the early 1910’s, several years ahead of most sister states. In all these places, men voting to extend the suffrage to women had little reason to fear that males might anytime soon be outvoted en masse by females (Amar, America’s Constitution, pp. 419-25).

 

The Rod Blagojevich scandal dominates this week’s Lawyers in the News.  Rod, himself, is an attorney – a graduate of the Pepperdine University School of Law and a former Cook County Prosecutor.

U.S. Attorney Patrick Fitzgerald was named one of People Magazine’s Sexies Men Alive in 2005.  His fame is now perhaps greater as the prosecutor who filed an indictment last week against Blagojevich for his attempts to sell the Illinois Senate seat vacated by President-Elect Obama.

Ed Ganson, a lawyer best known for helping to secure an acquittal for R. Kelly in his child pornography trial, has been retaine dby Blagojevich to defend him both in the federal prosecuting and in his impeachment trial.

Madonna and Guy Ritchie have agreed on a quickie divorce. Reportedly, Ritchie has agreed not to make a claim for the 50% of Madonn’s fortune that she accumulated during their eight-year marriage. They have also agreed on shared custody for Rocco (8) and David (3). Ritchie is represented by Helen Ward and Madge is represented by Fiona Shackleton (of McCartney/Mills fame).

Japanese Millionaire and aspiring space traveler Daisuke Enomoto has filed suit against Virginia-based Space Adventures, a firm that made its name brokering deals with the Russian space agency to put half a dozen “space tourists” in orbit for fees of $20 million or more. Enomoto claims he spent $21M and was denied space travel but offered no refund. Space Adventures claims that his $21M was nonrefundable and that travel was denied to Mr. Enomomto for medical reasons. Enomoto sought to travel in space dressed as the anime character, Char Aznable. Space Adventures is represented by John Villa and Enomoto by Willcox & Savage, PC and White & Case LLP.

Louisa C. Tuck, a teacher’s aide at D’Ippolito Elementary School had a former life as Crystal Gunns, an adult entertainment star. Though the Vineand Board of Education President Frank Giordano feels that Ms. Tuck ought to be fired, Frank DiDomenico, an associate solicitor for the school board noted, “It’s a constitutional privilege of free expression. She’s employed by the school district, but that doesn’t take away her constitutional rights.”

You may recall me writing about my now affianced friend who is serving with the JAG Corps in Iraq. I was recently forwarded an email from his betrothed (and fellow JAG Corps member) on how she spent Veterans Day in Iraq.

Family,

On Veterans’ Day, I got the unique opportunity to accompany Brigadier General Grimsley, our Deputy Commander, on a convoy to east Baghdad. We visited three different sites in Baghdad. It was a very memorable day.

On Monday, an car bomb exploded outside a popular restaurant. The restaurant was located in a section of town that has seen little violence recently. As people gathered, the insurgents detonated two more anti-personnel bombs. These are typically bombs filled with nails and spikes intended to maim and kill as many people as possible.

The general wanted to visit the site and talk to individuals in the area. It took about 40 minutes to get there. We traveled by HUMVEE. It was really fun wearing the head sets in the truck, listening to young 18-19 years olds talking about life, war, and relationships. They are so young and have gone through so much already. They all miss their families and are missing out on the last vestiges of their childhood. They’ve definitely been forced to grow up too soon.

When we arrived at the site of the blast, there were flies everywhere. The local government had not been able to clean the area yet. Therefore, the flies were still feeding on the debris, which was composed of human material. We talked to many local leaders and the National Police Commissioner. I cannot disclose anything that was discussed, but it is interesting to witness the corroboration of Americans and Iraqis to suppress the violence and share intelligence.

After the blast site, I accompanied the general to the opening of a bridge. There are 13 bridges across the Tigris. This was the final bridge to be opened. It was closed in 2006 by the general himself when he was a colonel. The bridge connects Adamiyah (a Sunni neighborhood) and Kadamiya (a Shiite neighborhood). The violence between the two sides was so intense that they had to completely close the bridge.

This bridge was also the site of a horrible accident. Pilgrims crossing the bridge heard a rumor that there was a suicide bomber in their midst. Over a 1000+ jumped from the bridge to their deaths. Here is a link describing the bridge opening.

http://www.msnbc.msn.com/id/27657227/

The Sunnis marched from their side of the bridge and the Shiites marched from their side of the bridge. They met in the middle, slaughtered a few sheep in the middle of the bridge, put their hands in the blood, and shook hands. They sang some portions of the Koran. The top Iraqi General, General Abud, was present, as well, as the Governor of Baghdad. We took a back seat role. It’s good. They really didn’t want us to participate. It was “their thing.” Huge step for the people of Baghdad.

As interesting as it was, I am glad we left because the sniper threat was very high. When I wasn’t on the bridge, I was crouched behind a smelly falafel stand. :)

After the bridge opening, we went to a JSS– a “joint security station.” This is a very small post where we live with Iraqi soldiers. If you’ve heard of a MiTT team (a military transition team), that’s who typically lives at the JSS. A JSS can be anything. Sometimes it is a church, warehouse, barn, bunker, etc. The one I visited was an old house. The living conditions are horrible for these soldiers. Most of them sleep on plywood. A few of the officers had cots. They don’t have showers. They convoy once a week to a bigger installation to shower. They have port-o-johns and eat Meals-Ready-to-Eat (MREs). It’s rough.

At the JSS, we watched the Son’s of Iraq come in and receive their paychecks. You may have read about the Son’s of Iraq (SOIs) or the “Awakening.” These people started as local volunteers that were sick and tired of Al Qaida threatening them in their neighborhoods. They took up arms and began to protect their homes and the critical infrastructure in their area (power plants, markets, schools). After a while, we decided to hire them to supplement the Iraqi Security Forces. However, now we are trying to transition them from our payroll to the government of Iraq’s payroll. This is the first month of transition. We are all keeping our fingers crossed.

I review ALL of these contracts (12,000 of them). It is the bane of my existence. So, it was kind of cool to get to see these guys and watch them get paid.

All in all, the day was amazing. It was nice to be part of the “fight” for once instead of sitting in front of a computer screen. I will be going on an air mission soon, but I don’t know when and don’t have many details. I do get to fire the 50 Cal machine gun on the Blackhawk though (ha, ha JBW!!!).

So that was my Veteran’s Day. Hope you are all well.

Dominic Barbara Beaten with a Plate of Spaghetti

Dominic Barbara, the New York divorce lawyer famous for representing Joey Buttafuoco and others, made the news this week after his wife, Leslie Barbara, smashed a plate of spaghetti over his head. Leslie, also a divorce lawyer in New York, spent the night in jail. Leslie’s lawyer, Randy Zelin, must have his hands full, because after Dominic bailed out Leslie, she was arrested again for violating a restraining order when she returned to the couple’s Glen Cove home.

Emanuel Zeltser Industrial Espionage Conviction Upheld in Belarus

The Supreme Court of Belarus upheld the August conviction of New York lawyer Emanuel Zeltser. Zeltser was convicted of industrial espoionage and using false documents. A website dedicated to freeing Zeltser, saveemanuelzeltser.com, claims the President of Belarus is railroading Zeltser as a favor to Russian mobsters and because of soured US-Belarus relations.

Dallas “King of Torts” Dies

Fred Baron, known as the “King of Torts,” died Thursday in Dallas at the age of 61. Baron was not only known for amassing a fortune representing plaintiffs, but also for his generosity toward the Texas Democratic Party and a variety of charitable organizations.

Those of you disenchanted with the legal profession may want to take a cue from Nathan Sawaya. Sawaya makes a six-figure income as a professional Lego artist. After graduating from NYU Law School in 1998, Sawaya worked as a corporate lawyer in New York. In 2004, he entered a competition sponsored by Lego to become an adult master builder. He won the competition and became an employee of Legoland for $13 per hour. He parlayed the Legoland gig into a lucrative and succesful career as a Lego artist.

1. Their divorce was bitter, but post-divorce still more so. Christie Brinkley prevailed in securing a restraining order against her ex-husband Peter Cook on the issue of allowing their children to watch Peter Cook’s intervew with Barbara Walters – in which he blames Brinkley for their marriage’s demise. Robert Stephan Cohen represented Brinkley.

2. Only two days after its October 7th launch, the Daily Beast, a Tina Brown/Barry Diller joint venture, was sent a demand letter by Philadelphia Newspapers LLC. The letter demanded that Daily Beast cease using its potentially trademark-infringing logo, which is “virtually identical in shape, color, font and style to our own Daily News logo.” The letter added that “our readers could easily be duped into thinking that your Web site is somehow affiliated” with the Daily News. Hang in there Daily Beast, we feel your pain.

3. Record Label Brookland Media was granted a temporary injunction preventing Lil Kim from recording any new music while the New York court adjudicates Brookland’s $2.5 Million breach of contract lawsuit against the female rapper. Lil Kim’s lawyer Londell McMillan seems unworried: “We’ll work it out around a conference table, in front of a judge or over some martinis,”

If a thirty-day wait until Election Day is too long for you and you crave some political excitement, rent Recount. Here is what Ann Althouse had to say about the movie:

I thought it was quite good. Though the story was mainly told from the Gore side, the Bush point of view was represented fairly, and there was a good overall balance to it. Complicated legal issues were explained surprising well without belaboring through through the use of various actors playing characters shown working out their next moves and real TV reporters seen in old video clips, telling us the news as it happened 8 years ago. It was especially exciting to see those old news clips, because, perfectly edited in, they stirred up the emotion that I felt when I saw them the first time.

I really liked the movie as well. By the end, I understood why the butterfly ballot was confusing, why hanging chads, dimpled chads and pregnant chads were all important, and how Al Gore would probably have won the Presidency had the Supreme Court not intervened.

Jack Thompson Disbarred

Anti-video-game crusader Jack Thompson made the news this week for being disbarred. For those who haven’t heard, Jack Thompson is a (former) Florida lawyer who has become infamous for suing video game makers, blaming them for school shootings and more. Thompson is also partially responsible for removing Howard Stern from Orlando airwaves in 2004 by filing an FCC complaint. Thompson’s disbarment is the result of a variety of misconduct, including false statements to tribunals, improperly practicing law outside of Florida, and disparaging and humiliating litigants and other lawyers.

Former Medtronic Senior Counsel Airs Dirty Laundry

Ami Kelley, former senior counsel for Medtronic’s spinal device unit, made the news this week for airing Medtronic’s dirty laundry in court. Kelley is the plaintiff in an action against Medtronic to recover damages on behalf of the federal government. The suit alleges that Medtronic improperly induced doctors to use Medtronic devices covered by Medicare and Medicaid. Kelley revealed salacious details about how exactly Medtronic improperly induced doctors, saying it provided them with