Burris' Mausoleum Makes a Statement

Thu, 08 Jan 2009 10:47:43 GMT

Burris has commissioned for himself a grand mausoleum consisting of two columns and three tablets referring to himself as a trail blazer and listing all his political and business accomplishments, both minor and major, with room for more to be engraved. The monument, referred to “as his resume in stone” had attracted unfavourable attention from the media and earned Burris the nickname “Tombstone”. Needless to say, it was probably not the effect Burris intended.

While many people include burial instructions in their Will, such instructions are not binding on the estate. The estate trustee has the ultimate responsibility to make burial arrangements. For those who wish to make elaborate arrangements, they should make those instructions clear to the estate trustee and other family members, so that the estate trustee is not criticized for the expense to the estate. Additionally, we can take Burris’ lead and make our own arrangement during our lifetime. Click here to read Paul Trudelle’s paper on estate issues and dealing with the body after death.

Thanks for reading,

Diane Vieira

Those who follow American politics have probably heard of Roland Burris. He is controversial Governor Rod Blagojevich’s choice to replace the Senate seat vacated by President –Elect Barack Obama. While the constitutional debate continues on whether or not Burris can be seated in the Senate, another issue that has grabbed the headlines is Burris’ final resting place. Burris has commissioned for himself a grand mausoleum consisting of two columns and three tablets referring to himself as a trail blazer and listing all his political and business accomplishments, both minor and major, with room for more to be engraved. The monument, referred to “as his resume in stone” had attracted unfavourable attention from the media and earned Burris the nickname “Tombstone”. Needless to say, it was probably not the effect Burris intended. While many people include burial instructions in their Will, such instructions are not binding on the estate. The estate trustee has the ultimate responsibility to make burial arrangements. For those who wish to make elaborate arrangements, they should make those instructions clear to the estate trustee and other family members, so that the estate trustee is not criticized for the expense to the estate. Additionally, we can take Burris’ lead and make our own arrangement during our lifetime. Click here to read Paul Trudelle’s paper on estate issues and dealing with the body after death. Thanks for reading, Diane Vieira

Tracking Ninth Circuit Opinions Just Got Easier

kamick@archernorris.com (Kimberly Amick) — Wed, 07 Jan 2009 21:22:46 GMT

The Ninth Circuit is now offering an RSS feed for all new opinions. You don't get the digest version that you would by using Callaw or Westlaw or another similar service, but it gives you instant access to the decisions.

Another good source for tracking opinions from the 9th is the Ninth Circuit blog put out by several federal public defenders. More of the focus is on criminal cases, but they write good, succinct analysis of the opinions.

Finally, the Ninth Circuit has also been posting links to files of oral arguments for some time. Interesting when you've got the time or inclination.

Reasons Why an Estate Plan Can Go Awry - Hull on Estate and Succession Planning #146

Wed, 07 Jan 2009 19:41:00 GMT

Listen to Reasons Why an Estate Plan Can Go Awry

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the reasons why an estate plan can go awry and how to address these issues.
The reasons include the concept of an acrimonious extended family member, intransigent family members, making sure you have properly drafted documents and the choice of your estate trustee or personal representative.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Listen to Reasons Why an Estate Plan Can Go Awry This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the reasons why an estate plan can go awry and how to address these issues. The reasons include the concept of an acrimonious extended family member, intransigent family members, making sure you have properly drafted documents and the choice of your estate trustee or personal representative. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

The Duties of Expert Witnesses

Tue, 06 Jan 2009 12:25:48 GMT

Wendy Reynolds from Slaw recently posted on a proposed regulatory change to the Rules of Civil Procedure with respect to the duties of expert witnesses. Coming into force in two years, the December 27, 2008 Ontario Gazette lists several amendments to the Rules of Civil Procedure including:

RULE 4.1 DUTY OF EXPERT

Duty of Expert

4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,

(a) to provide opinion evidence that is fair, objective and non-partisan;

(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and

(c) to provide such additional assistance as the court may reasonably require to determine a matter in issue.

Duty Prevails

(2) The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged.

It will be interesting to see what impact, if any, this amendment will have on the duties of expert witnesses. Case law already suggests expert witnesses are already required to report in an independent manner and cannot been seen as an advocating for the party that retains them. The strength of an expert witness comes from their objective evidence and the evidence of an expert witness will be rejected if they are bias.

Does this proposed Rule merely confirm the well established principles of expert evidence as it has developed in case law or does it go beyond establishing the independence of an expert witness? Are we moving towards the use of joint experts to assist the Court? We have a few years to find out.

Thanks for reading,

Diane Vieira

Wendy Reynolds from Slaw recently posted on a proposed regulatory change to the Rules of Civil Procedure with respect to the duties of expert witnesses. Coming into force in two years, the December 27, 2008 Ontario Gazette lists several amendments to the Rules of Civil Procedure including: RULE 4.1 DUTY OF EXPERT Duty of Expert 4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules, (a) to provide opinion evidence that is fair, objective and non-partisan; (b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and (c) to provide such additional assistance as the court may reasonably require to determine a matter in issue. Duty Prevails (2) The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged. It will be interesting to see what impact, if any, this amendment will have on the duties of expert witnesses. Case law already suggests expert witnesses are already required to report in an independent manner and cannot been seen as an advocating for the party that retains them. The strength of an expert witness comes from their objective evidence and the evidence of an expert witness will be rejected if they are bias. Does this proposed Rule merely confirm the well established principles of expert evidence as it has developed in case law or does it go beyond establishing the independence of an expert witness? Are we moving towards the use of joint experts to assist the Court? We have a few years to find out. Thanks for reading, Diane Vieira

Administering Assets that are Personal Property Items - Hull on Estate and Succession Planning #144

Tue, 23 Dec 2008 05:01:00 GMT

The formal requirements to make a valid Will in Ontario - Hull on Estates #142

Tue, 23 Dec 2008 05:00:00 GMT

Listen to The formal requirements to make a valid Will in Ontario

This week on Hull and Estates, Christopher Graham and Bianca La Never review the formal requirements to make a valid Will in Ontario and the consequences of failing to adhere to the formal requirement. The relatively recent English decision of Esterhuizen v. Allied Dubar Plc [1998] 2 FLR 668 is discussed.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Listen to The formal requirements to make a valid Will in Ontario This week on Hull and Estates, Christopher Graham and Bianca La Never review the formal requirements to make a valid Will in Ontario and the consequences of failing to adhere to the formal requirement. The relatively recent English decision of Esterhuizen v. Allied Dubar Plc [1998] 2 FLR 668 is discussed. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

The Use and Impact of Trust Companies - Hull on Estate and Succession Planning #143

Thu, 18 Dec 2008 22:59:26 GMT

Listen to The Use and Impact of Trust Companies

This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the use and impact of trust companies in estate planning, the pros and cons, and how they are used in an efficient way in general estate planning and in some of the contentious situations.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Listen to The Use and Impact of Trust Companies This week on Hull on Estate and Succession Planning, Ian and Suzana discuss the use and impact of trust companies in estate planning, the pros and cons, and how they are used in an efficient way in general estate planning and in some of the contentious situations. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Managing Estate Issues - Hull on Estates #140

Tue, 09 Dec 2008 05:15:00 GMT

Listen to Managing Estate Issues

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag talk about how to manage an estate dispute as opposed to preventing it. They use an example of a joint account shared between 'Mom' and 'daughter' to examine the best way to approach posthumous problems and misunderstandings.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Listen to Managing Estate Issues This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag talk about how to manage an estate dispute as opposed to preventing it. They use an example of a joint account shared between 'Mom' and 'daughter' to examine the best way to approach posthumous problems and misunderstandings. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Guardianship in Canada - Hull on Estate and Succession Planning

Tue, 09 Dec 2008 05:15:00 GMT

Listen to Guardianship in Canada

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about how the law has changed in Canada as it pertains to the appointment of guardians. Rodney suggests that today's laws (post-1994) are clearer than they were in the past.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Listen to Guardianship in Canada This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about how the law has changed in Canada as it pertains to the appointment of guardians. Rodney suggests that today's laws (post-1994) are clearer than they were in the past. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

The Benefits of the Family Meeting - Hull on Estate and Succession Planning #141

Wed, 03 Dec 2008 15:50:00 GMT

Listen to The Benefits of the Family Meeting

This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about the benefits of holding a family meeting to discuss estate matters while the testator is still alive. They both extend their condolences to the family of Ted Rogers, who passed away today.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Listen to The Benefits of the Family Meeting This week on Hull on Estate and Succession Planning, Suzana Popovic-Montag speaks with Rodney Hull about the benefits of holding a family meeting to discuss estate matters while the testator is still alive. They both extend their condolences to the family of Ted Rogers, who passed away today. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Location of Family Major Factoring in Determining Citizenship

david.donoghue@hklaw.com (R. David Donoghue) — Tue, 02 Dec 2008 11:13:53 GMT

24 Hour Fitness USA, Inc. v. Bally Total Fitness Holding Corp., No. 08 C 3853, 2008 WL 4671748 (N.D. Ill. Oct. 21, 2008).

Judge Lefkow granted defendants' Fed. R. Civ. P. 12(b)(1) motion to dismiss plaintiff 24 Hour Fitness's (“24”) trade secret misappropriation complaint for lack of subject matter jurisdiction. 24 alleged that defendant Bally Total Fitness (“Bally) and the individual defendant (“Defendant”) misappropriated 24's trade secrets when Defendant resigned his position as 24's COO and became Bally's CEO. But defendants argued that the Court lacked subject matter jurisdiction over 24's state law trade secret claims because there was no diversity of citizenship – both 24 and Defendant were California citizens. 24 argued that Defendant was, in fact, a citizen of Illinois because he worked at Bally's Illinois headquarters and because Defendant's contract with Bally required that he move to Illinois before the case was filed.

Looking at the totality of the circumstances, the Court held that Defendant remained a citizen of California, where he had lived while employed by 24. Defendant had put his California home for sale and did have a contract requiring that he become domiciled in Illinois, although the particulars of the contract were disputed. But the most significant factor in the analysis was that Defendant's family remained in California. And Defendant had not purchased or rented a home in Illinois or gotten an Illinois driver's license, bank account or voter registration card.

Finally, the Court denied 24's request to file an amended complaint adding a federal Computer Fraud and Abuse Act claim. A complaint cannot be amended to create subject matter jurisdiction. The case, therefore, had to be dismissed.

Rose v. Rose - Hull on Estates #139

Tue, 02 Dec 2008 05:00:00 GMT

Listen to Rose v. Rose

This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [which can be found at 24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it raises questions about rectification, rescission and removal of the trustees.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Listen to Rose v. Rose This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [which can be found at 24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it raises questions about rectification, rescission and removal of the trustees. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

The End of Lawyers? Rethinking the Nature of Legal Services

rich@granat.com (Richard Granat) — Tue, 02 Dec 2008 00:22:17 GMT

Richard Susskind's new book, The End of Lawyers?: Rethinking the Nature of Legal Services was just published by Oxford University Press, in the United Kingdom. I received a copy from my associates in London today, and US distribution should begin within 10 days. For law firms thinking about the future of the legal profession, this book should be mandatory reading.

Susskind sees the legal market as “broken.” Access to justice is available only to citizens who are very poor or very rich. The cost of dispute resolution in the courts often exceeds the amount at issue. Small businesses invariably claim that mainstream legal services are beyond their budgets. And even the world's largest companies and financial institutions are seeking radically new ways of meeting their legal needs.

Susskind argues that, in this time of grave economic uncertainty, the market will no longer tolerate traditional, expensive lawyers who handcraft tasks that can be better discharged with the support of modern systems and techniques. He claims that the legal profession will be driven by two forces in the coming decade: by a market pull towards the commoditization of legal services, and by the increase of disruptive, Internet-based technologies. The threat here for lawyers is clear - their jobs may well be eroded or even displaced.

Susskind challenges the legal profession to ask what elements of their current workload could be undertaken more quickly, more cheaply, more efficiently, or to a higher quality using different and new methods of working. Susskind argues that if automation can streamline certain legal tasks and that the market will forces lawyers to adapt to the "digitization" or they won't survive.

I am still working my way through this important book, so will have more to say in future blog posts when I finish it.

Direct and Indirect Approaches to Estate Planning - Part 1

Tue, 25 Nov 2008 21:45:59 GMT

Listen to Direct and Indirect Approaches to Estate Planning - Part 1

This week on Hull on Estate and Succession Planning, Ian and Suzana start a discussion on their global philosophy toward the estate planning process. There are direct and indirect approaches to capacity and estate planning and in this episode, Ian and Suzana explore these approaches as they pertain to the choice of attorney.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Listen to Direct and Indirect Approaches to Estate Planning - Part 1 This week on Hull on Estate and Succession Planning, Ian and Suzana start a discussion on their global philosophy toward the estate planning process. There are direct and indirect approaches to capacity and estate planning and in this episode, Ian and Suzana explore these approaches as they pertain to the choice of attorney. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

The Concept of Ethical Wills - Hull on Estates #138

Tue, 25 Nov 2008 20:40:00 GMT

Listen to The Concept of Ethical Wills

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss innovative techniques that add value to doing a will and powers of attorney. Specifically they discuss the concept of ethical wills and how they are different from a traditional will.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Listen to The Concept of Ethical Wills This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss innovative techniques that add value to doing a will and powers of attorney. Specifically they discuss the concept of ethical wills and how they are different from a traditional will. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Litigation Associate Positions: A Real Opportunity for Trial Experience

csapire@sapiresearch.com (Courtney Sapire) — Mon, 24 Nov 2008 00:17:35 GMT

We have been exclusively engaged by a top-caliber energy boutique firm in Texas to recruit litigation associates. In addition to lucrative compensation packages, the firm boasts a Fortune 500 client base and a robust pipeline of sophisticated work.

TRIAL EXPERIENCE: This is a one-of-a-kind opportunity to get hands-on trial experience and work directly with the some of the largest and most successful companies in the world.

Additional features:

· All associates really practice law from day one and will try cases in their first year.

· The dockets are fluid. Lawyers open matters, process them, and close them. With a full pipeline of cases, the work is steady and plentiful.

· All lawyers maintain multiple open files, which reinforces experience, expedites the learning curve, makes the work more interesting, and teaches attorneys how to manage big dockets. It’s an environment in which lawyers succeed and careers are made.

· Lawyers work across the table from the best lawyers and firms in the country.

· Cases are tried in venues throughout Texas and beyond.

Culture & Values:

This firm’s culture stresses interaction and personalized working relationships among its lawyers, a shared passion for achievement on behalf of its clients, and an overall commitment to finding ways to help each other maximize potential as individual lawyers and as an organization.

Energy Industry:

The energy industry has been a mainstay of the firm’s practice. The importance of energy in the new economy has enhanced business opportunities for the firm’s clients, resulting in cutting-edge representations.

The firm’s strong relationships with key players in this sector have advantageously positioned it to get the work that really counts – these are cases that shape the energy industry and have an impact on a national and global scale.

It’s an exciting time to practice at this firm.

Dingell Unseated; Waxman to Head House Energy and Commerce Committee

dmdubson@stoel.com (Dina Dubson) — Fri, 21 Nov 2008 18:48:08 GMT

In a move that could have a significant impact on the energy sector (and create a buzz among political science departments) nationwide, Representative Henry Waxman (D-CA) has dethroned Representative John Dingell (D-MI) in his nearly 28-year post as chairman of the influential Committee on Energy and Commerce. The 137-122 secret vote has shaken up the seniority system that has driven the caucus for decades. It also replaces a long-time friend of the auto industry with someone who has been championed by environmentalists for his positions on clean air and global warming.

Waxman’s ascension to the Energy and Commerce Committee chairmanship is particularly significant because the committee shepherds legislation on climate change, energy, and health care—all of which are key priorities of the Obama Administration. Waxman (who also has a strong leadership record on health care issues) has pushed for aggressive targets for carbon emissions reductions, more stringent auto emissions standards, and a national cap-and-trade program. Although Dingell recently proposed legislation that would impose gradual reductions in greenhouse gas emissions, Waxman has put forth much more ambitious climate change legislation.

Also of note is Obama’s recent appointment of Philip Schiliro, a longtime aide to Waxman, as the new White House director of Congressional relations. This appointment is considered to be significant in that it provides Waxman with a direct channel to the White House. Congressional insiders have also noted that House Speaker Nancy Pelosi is a close ally of Waxman’s. This web of connections underscores the potential for the Obama administration and Congress to work closely together to usher in major changes to U.S. climate change policy.

Dingell Unseated; Waxman to Head House Energy and Commerce Committee

dmdubson@stoel.com (Dina Dubson) — Fri, 21 Nov 2008 18:48:08 GMT

Offers to Settle in the Context of a Will Challenge - Hull on Estates #137

Tue, 18 Nov 2008 17:51:00 GMT

Listen to Offers to Settle in the Context of a Will Challenge

This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. They explain the difference between a will challenge and civil litigation and discuss several examples of will challenge cases.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Listen to Offers to Settle in the Context of a Will Challenge This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. They explain the difference between a will challenge and civil litigation and discuss several examples of will challenge cases. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

Will Challenge wrap-up and Power of Attorney Litigation- Hull on Estate and Succession Planning #139

Tue, 18 Nov 2008 05:00:00 GMT

This week on Hull on Estate and Succession Planning, Ian and Suzana give a final comment on Will Challenge litigation and speak about their topic at the Canadian Conference on Elder Law in Vancouver; Power of Attorney Litigation.

If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

This week on Hull on Estate and Succession Planning, Ian and Suzana give a final comment on Will Challenge litigation and speak about their topic at the Canadian Conference on Elder Law in Vancouver; Power of Attorney Litigation. If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our blog.

Recent Articles tagged and from LexMonitor

Burris' Mausoleum Makes a Statement

Tracking Ninth Circuit Opinions Just Got Easier

Reasons Why an Estate Plan Can Go Awry - Hull on Estate and Succession Planning #146

The Duties of Expert Witnesses

Administering Assets that are Personal Property Items - Hull on Estate and Succession Planning #144

The formal requirements to make a valid Will in Ontario - Hull on Estates #142

The Use and Impact of Trust Companies - Hull on Estate and Succession Planning #143

Managing Estate Issues - Hull on Estates #140

Guardianship in Canada - Hull on Estate and Succession Planning

The Benefits of the Family Meeting - Hull on Estate and Succession Planning #141

Location of Family Major Factoring in Determining Citizenship

Rose v. Rose - Hull on Estates #139

The End of Lawyers? Rethinking the Nature of Legal Services

Direct and Indirect Approaches to Estate Planning - Part 1

The Concept of Ethical Wills - Hull on Estates #138

Litigation Associate Positions: A Real Opportunity for Trial Experience

Dingell Unseated; Waxman to Head House Energy and Commerce Committee

Dingell Unseated; Waxman to Head House Energy and Commerce Committee

Offers to Settle in the Context of a Will Challenge - Hull on Estates #137

Will Challenge wrap-up and Power of Attorney Litigation- Hull on Estate and Succession Planning #139