Liability Law

Categories

Boy Scout Abuse Victims Please Take Notice

Time is running out to bring your claim for compensation against the BSA Survivors of all types of abuse, committed by scout leaders, counselors and fellow scouts have until 5 p.m. Nov. 16, 2020 to file a claim for compensation  against the Boy Scouts of America to be eligible for compensation through the organization’s bankruptcy proceedings. If you are a survivor of abuse you must file your claim before by 5 p.m. November 16, 2020 or you will be barred from filing suit against the national organization in the future. Even if you think you do not have a valid claim due to how long ago the abuse occurred, you should consider filing a claim.  Regardless of the State where the abuse occurred you should consider discussing your claim with a lawyer skilled in handling such delicate legal matters. In addition to the Boy Scouts, the Scouting groups also included are:  Explorer  Venturing programs Sea Scouting and  Cub Scouts. What types of abuse will be considered in any claim? Sexual abuse physical abuse emotional abuse bullying or hazing Claims will not be public and will not be released to the media.  I have represented hundreds of survivors of child sexual, physical and emotional abuse, including boys, now grown men, who survived abuse by priests employed by the Catholic Church.  I know your pain and how it has followed you throughout your life.   It is a big step to come forward and acknowledge the pain you have endured.  Many survivors live their lives without ever sharing their experience with anyone.  I know.  I have met and spoken privately with over one thousand survivors of all types of sexual, physical and emotional abuse When abuse occurs to a child, the child knows only to blame themselves for what happened.  No amount of denial or intellectualizing what occurred allows for the healing to begin. Drawing from my experience, I feel that healing truly begins when a survivor of abuse steps into the light, points the finger at the cause of his or her pain and finally stops blaming him or herself for the abuse.  Charles Dickens captured the magnitude of harm to a child:  “In the little world in which children have their existence, whosoever brings them up, there is nothing so finely perceived and so finely felt, as injustice.” Let your healing begin.  CALL to discuss your pain and allow me the honor of representing you through this compensation process.  William F. McMurry at…

USE OF ZOOM by lawyers to conduct client interviews and conferences with consulting experts

While COVID-19 requires lawyers to become creative in our effort to move our clients cases along, in keeping with our ethical duty to zealously represent our clients, it is critical to remember that such conversations may not be considered “confidential.”   When we speak with a client or a client’s agent, such as a consulting expert, those conversations are considered confidential and protected from disclosure to our adversaries.   While Zoom is an excellent tool for conducting group meetings, such as mediations and the like, which do not raise confidentiality or protection issues, using Zoom to conduct client interviews and interviews with consulting experts can be viewed as discoverable.  We all know that if we allow a non-client and/or non-client expert to listen in on an otherwise confidential communication, we have violated the attorney client confidentiality and attorney client privilege.   Unless you select certain settings in the Zoom settings, all meetings are recorded and stored in the Cloud.  Zoom meetings are also publicly accessible with full names and faces are often displayed.  Preventing Zoom from making a permanent record or storing it in such a way as to make the meetings publicly accessible is a feature that can be turned on in settings. There are other settings in the Meeting subtab that can also be adjusted, such as disallowing remote control of devices, file transfer, data sharing with Zoom, and screen sharing. Below are suggested setting: Please note that most, if not all, of the settings below are not the Zoom default: Go to: Settings > Recording and click off the Local and Cloud recording features. In the Zoom Settings section, under the Meeting subtab: Require Encryption for Third Party Endpoints Disable Auto saving chats Disable File transfer Disable Feedback to Zoom Disable Screen sharing Disable desktop/screen share for users Disable Remote control   In the Zoom Settings section, under the Recording subtab: Disable Local recording Disable Cloud recording Disable Automatic recording I hope this has been helpful to all my colleagues who are enjoying Zoom in the everyday practice of law.     William F….

Legal Malpractice Thoughts for 2020

Since 2011, the number of claims against lawyers which resolved by the accused lawyer’s paying the aggrieved client in the range of between $1 million and $5 million has increased by 940%.

High-Speed Police Car Chases Wreck Cars and Lives

In 2008 I represented the family of three brothers who were tragically killed in a high speed police chase returning home from a Christmas pageant. The wreck resulted in four young boys losing their lives. While the Louisville Metro PD (LMPD) had recently established a stricter policy regarding the protocol used in high speed police car chases, I was able to show that they did not follow the “new” safer policy and won the case.

“Forces of opposition, bow down;” reads ad by Remmington gun manufacturers – Aug 1, 2019

This ad slogan was the basis for Connecticut Supreme Court’s holding in March 2019 that Remmington violated the laws against unfair trade practices for knowingly marketing the AR-15 to civilians for use in military-style combat. While we wait for Congress to take action to protect our children and families, skilled medical malpractice lawyers like Mr. Koskoff in Connecticut are using creative strategies to hold accountable the manufacturers of assault weapons used in the Newtown mass shooting. We can only hope for more creativity to benefit the victims of the hate-crime perpetrator in El Passo. Read the article…