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Pursuant to the court-appointed attorney guidelines, court-appointed counsel are asked to submit Fee Petitions on a timely basis. For criminal cases, fee petitions should be submitted at the conclusion of the preliminary hearing and quarterly thereafter for each case, excluding capital cases, which shall be submitted monthly. For family cases, petitions should be submitted after each review hearing and/or case disposition. If you need a copy of the current guidelines, please contact the Court Administrator’s Office, Danielle Frye, at 724.830.3393.
Westmoreland County jurors may now respond on-line to answer their juror questionnaires as an alternative to mailing the paper form back to the Jury Commissioners Office. In addition, on-line responses allow the juror to provide a cell phone number or email address to be notified of the status of his/her jury service date.
To respond to your Juror Summons on-line, please have your juror number and date of service available, and go to the Westmoreland County website at: http://www.co.westmoreland.pa.us/jury
From the May 22, 2011, New York Times
By JOSHUA BRUSTEIN
If you post a photo on the Web, it still belongs to you, right? Well, be sure to read the fine print.
World Entertainment News Network, a news and photo agency, announced this month that it had become the “exclusive photo agency partner” of Twitpic, a service with over 20 million registered users that allows people to upload images and link to them on Twitter. The deal allows the agency to sell images posted on Twitpic for publication, and to pursue legal action against those who use such images commercially without its permission, according to the agency.
“There has been much unauthorized use of Twitpic images which we shall be addressing without delay,” said Lloyd Beiny, the agency’s chief executive.
World Entertainment News, whose photo business revolves largely around shots of celebrities, says it is interested only in the photographs posted to the accounts of people like Britney Spears, Russell Brand and Demi Moore. But the scope of the deal is not clear, and professional photographers are worried that it could allow the agency to profit from any photo posted to Twitpic. Others say Twitpic’s move shows the tenuous control people have over what they post through Internet services.
The extent of that control is typically laid out in the terms of service that users agree to when they sign up for Internet services and smartphone applications. But the more such services people use, the harder it becomes to keep track of the things to which they are agreeing. And of course many terms of service, which are heavy on legal language, include clauses that assert the company’s right to change them without notice.
From the May 22, 2011, Tribune-Review
By Bobby Kerlik
Sunday, May 22, 2011
The number of medical malpractice cases filed against Pennsylvania doctors and hospitals dropped in 2010, the sixth consecutive annual decline.
"In reality, medical malpractice lawsuits are not as prolific as people think," Pittsburgh attorney George Kontos said. "Any good attorney is very cautious about taking a case. I probably reject about 90 percent of people that come to me."
In 2002 — the year malpractice lawsuits peaked at 2,904 — new rules designed to weed out frivolous lawsuits took effect, and experts credit those rules with the decline in lawsuits in the years that followed.
One requires plaintiffs to get another doctor in the same field to sign off on the claims, showing the suit had merit. Another requires malpractice claims to be filed in the county where the alleged malpractice occurred. That prevents lawyers from filing cases in counties where they believe juries will be more sympathetic, lawyers said.
Last year, 1,491 malpractice suits were filed, according to a report released last week by the Administrative Office of Pennsylvania Courts.
NOTICE: The Civil Trial Judges will NOT be hearing civil and orphans’ court motions on the following Fridays:
Counsel should make arrangements to present motions on prior or subsequent Fridays.
The Disciplinary Board of the Supreme Court of Pennsylvania is pleased to announce the annual attorney registration can be completed online beginning Monday, May 2, 2011.
Attorneys will be able to register to be an e-filer using the court's automated online system. The online process also will allow a firm to register all its attorneys at one time and more efficiently than the previous paper-only method.
From the March 2011 Attorney E-Newsletter of The Disciplinary Board of the Supreme Court of Pennsylvania
On February 23, 2011, the Supreme Court of Pennsylvania decided an important issue of the law of attorney-client privilege in the case of Gillard v. AIG Insurance Company. The issue presented was whether the attorney-client privilege established in 42 Pa. C.S.A. §5928 applies to communications from attorney to client which are not derivative (i.e., which do not incorporate confidential communications from the client).
The case involved allegations of bad faith by the insurance company. In the course of discovery, the plaintiff sought production of all documents in the file of the law firm representing the defendant insurance company. In its response to the discovery, the defendant’s counsel redacted documents prepared by the law firm, asserting attorney-client privilege. The lower court ordered the redacted documents produced and the Superior Court affirmed, relying upon the holding in Nationwide Mutual Insurance Company v. Fleming, 924 A. 2d 1259 (Pa. Super. 2007) that the statutory attorney-client privilege applies only to communications from client to attorney.
From New York Magazine
Last fall, the blog Above the Law caught wind of a jokey stunt going on at the Yale Law School Library. In addition to checking out books, students at the top-ranked graduate school could also, it seemed, check out "Monty" (full name General Montgomery), a border terrier mix. The dog would be available to play with students for 30-minute intervals, according to the library catalogue listing. But shortly after ATL discovered this adorable opportunity, the school said that it was just a gag, and that you couldn't really check out the pooch.
And yet now, according to a memo to students, Monty is back in circulation.
From the Court Administrator's Office
ATTENTION FAMILY LAW ATTORNEYS: The Parent Information Form for Custody cases is now available on the Westmoreland County Website (www.co.westmoreland.pa.us) under Forms, Court Administration (Custody). This form is required for all custody cases.
HARRISBURG, January 14, 2011—Chief Justice of Pennsylvania Ronald D. Castille has issued a call to the Commonwealth’s 70,000 attorneys to volunteer more of their time and money to help ensure Pennsylvanians with limited financial means receive needed civil legal representation.
Saying the Commonwealth is “dealing with a civil legal aid crisis,” the chief justice reminded Pennsylvania attorneys in a letter distributed through the cooperation of the Pennsylvania Bar Association (PBA) of their professional obligation to support services to citizens of limited financial means —otherwise known as pro bono service.