Archive for the ‘’ Category

Malpractice Trends: Good News and Bad News

Written By:  Steven Fox

From:  Medscape Medical News

According to the results, 55.2% of medical malpractice claims that required some defense cost led to litigation. However, of the claims that do go to court, most are ultimately decided in the physician’s favor.

For physicians, that is the good news.

The sobering news is that litigated claims often take months or years to be resolved, according to the study, which was published online May 14 in the Archives of Internal Medicine.

“Malpractice claims that undergo litigation are an important source of concern to physicians, yet national data are lacking on the frequency of litigation, how litigation is typically resolved, and how long litigation takes to be resolved,” write Anapam Jena, MD, PhD, from the Department of Medicine, Massachusetts General Hospital, and the Harvard Medical School, Boston, and colleagues.

The researchers sifted through data from all 50 US states for the years 2002 through 2005 and analyzed the 10,056 malpractice claims that necessitated some defense costs. They calculated how many claims resulted in litigation and checked to see how those claims were resolved by specialty. They also analyzed how long it took to resolve various types of claims.

Frequency of litigated claims ranged from 46.7% for anesthesiologists to 62.6% for obstetricians and gynecologists. About 53% of claims against internists and medicine-based subspecialists triggered litigation, the authors say.

As to outcomes of litigation, 54.1% of the cases across all specialties were dismissed by the court. Rates of dismissal were highest for cases brought against internists and medicine-based subspecialists (61.5%) and lowest for cases against pathologists (36.5%).

In cases involving internists and pathologists, just more than a third of litigated claims ended up being resolved before a verdict was reached by the court, the authors say. In contrast, the proportion of claims settled before a verdict was 49.6% for pathologists.

Across all specialties, only 4.5% of claims were ultimately decided by a trial verdict. By specialty, that ranged from a high of 7.4% for pathologists to a low of 2.0% for anesthesiologists. Only 2.7% of cases brought against internists and medicine-based subspecialists went to a verdict.

When cases did progress to a final verdict, 79.6% were decided in favor of the defendant.

Dealing with malpractice claims is often a lengthy process, according to the study results. The mean time required to resolve claims was 19.0 months, which included 11.6 months for nonlitigated claims and 25.1 months for claims that were litigated.

For claims that were resolved in a trial, the mean duration was 39.0 months for cases decided in favor of the defendants and 43.5 months for cases decided in favor of the plaintiffs.

The authors conclude, “The substantial portion of litigated claims that are not dismissed in court and the length of time required to resolve litigated claims more generally may help explain why malpractice claims undergoing litigation are an important source of concern to physicians.”

The authors have disclosed no potential conflicts of interest.

Arch Intern Med. Published online May 14, 2012.

Ryan Eslinger of Jacksonville, Florida named Proctor in Admiralty

On May 6, 2012, the Committee on Proctor Admissions and the Board of Directors of the Maritime Law Association of the United States advised Ryan Eslinger that he had been unanimously approved as a Proctor in Admiralty.

The Proctor designation is used by the MLA in recognition of the most distinguished class of practicing maritime lawyers. Proctor status is the initial step in MLA leadership.

“Proctor” is of ancient origin and historically applied to lawyers entitled to handle maritime litigation. Derived from the Roman word “Procurator,” it was translated into English as “Proctor” when the 13th century Admiralty Courts were given jurisdiction over disputes within the Royal Navy and also purely commercial matters. The designation continued in the American colonies and up to 1966 when the Admiralty Rules and the Federal Rules of Civil Procedure were unified.

The objectives of MLA, founded in 1899, is to advance reforms in the Maritime Law of the United States, to facilitate justice in its administration, to promote uniformity in its enactment and interpretation, to furnish a forum for the discussion and consideration of problems affecting the Maritime Law and its administration, to participate as a constituent member of the Comité Maritime International and as an affiliated organization of the American Bar Association, and to act with other associations in efforts to bring about a greater harmony in the shipping laws, regulations and practices of different nations.

For more information about Milton, Leach, Whitman, D’Andrea & Eslinger, P.A., please visit www.miltonleach.com or the International Society of Primerus Law Firms.

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FAQ’s: Planning Your Estate

Houser, Henry & Syron LLP

Toronto, Canada

Frequently Asked Questions: Planning Your Estate

Many people procrastinate about estate planning. It can involve difficult choices and discussions we’d rather not think about.

It may help to begin by considering the benefits of a clear and well prepared estate plan for both you and your loved ones. Without it, your spouse, friends and family will face higher costs and more stress after you pass away.

Below is a series of questions and answers outlining the common issues to consider in planning your estate. A worksheet to capture all of this information is also provided under Publications on houserhenry.com, which can be used to begin your estate plan.

Getting started

What will happen if I pass away without a Will?

If you pass away without a Will (or intestate) your assets will be distributed among your spouse and relatives according to fixed rules and without regard to your wishes.

As well, the administration of your estate will cost more money, take more time, and cause more inconvenience for your spouse and family.

What is the process for planning my estate?

Step 1 Consider what assets and liabilities you have, what you want to give and to whom. (The worksheet is a helpful way to complete this step, and you can contact us with any questions.)

Step 2 Using the worksheet, or similar summary of your estate, together we discuss your estate planning issues and the options appropriate to you.

Step 3 We will prepare and send you drafts of the necessary documents whether they are Wills, Powers of Attorney or Trust Deeds.

Step 4 Review the draft documents and let us know if you have any changes.

Step 5 With your comments, we will put the draft documents in the final form.

Step 6 We meet with you, review the final documents and arrange with you to have them signed.

What would be your fees and expenses?

Our accounts are divided into two parts: fees and expenses.

Our fees will depend on the complexity and urgency of your estate plan. We can give you an estimate when we know more about your situation and your plans.

Usually fees will be higher when dealing with:

 families from different marriages;
 multiple Wills for shares in private businesses;
 succession planning for businesses; or
 a long delay between our initial engagement and your signing of the documents.

Other expenses to budget for include out of pocket expenses like postage, courier charges, etc. Fees and some expenses are subject to Harmonized Sales Tax.

For new clients, we do ask for payment in advance of a retainer which we will hold in our trust account and apply to our invoices when we render them.

Who should I choose as my estate trustees (executors)?

Your estate trustees will administer your estate according to your Will and the law.
You should pick someone you know well and trust, and who is willing and able to fill the role. Ask the person now if he or she would want to assume this responsibility.

In case the person you name cannot or will not act, you should also have at least one backup estate trustee.

How can I appoint someone to take care of my young children?

If you have young children, in case both you and your spouse pass away, you should name guardians for your minor children in your Will. As with estate trustees you should ask the proposed guardians now if they will serve. Please bear in mind that the persons who are named will have to apply to a court for appointment after you pass away.

Taxes

What is probate tax?

This tax is charged by the Ontario Court when the estate trustees of an estate apply for a Certificate of Appointment (formerly called Probate). The Certificate is official proof that the Will submitted to the Court is in fact the last Will of the deceased.

The Certificate of Appointment is required to transfer or sell assets which are in a public domain, for example, stocks, bonds and other securities issued by a public company. It is also required to transfer real estate and assets outside of Ontario.

The Court charges tax for a Certificate of Appointment based on the value of the assets held by the deceased and subject to the Will. Except for mortgages against real estate, debts cannot be deducted from the value of these assets. The present taxes are $5.00 per $1,000.00 for the first $50,000 of assets and $15.00 per $1,000 on the value over $50,000.

The taxes can be substantial depending on the size of the estate. For example, an estate valued at $100,000 would pay a probate tax of $1,000. A $500,000 estate would pay $7,000. A $1,000,000 estate would pay $14,500.

How can I avoid or reduce probate tax?

There are three main methods of avoiding or reducing probate tax: owning assets jointly; naming beneficiaries for RRSPs or insurance policies or pensions; or, using multiple Wills.

Owning Assets Jointly

Remember that a Will is only one way to transfer assets on death. If two people own an asset as joint tenants and one of them dies, the asset is automatically transferred to the surviving owner. It is not transferred by a Will.
In some circumstances it is possible to transfer the ownership of assets to joint names. This can be done easily where all or the bulk of an estate is left to one individual, for example, a spouse.
In these cases, there may be no probate taxes payable until the death of the last surviving owner.
Where the estate is divided among a number of individuals or among individuals under the age of 18, it may be very difficult to restructure the ownership of assets to minimize these taxes.
Before transferring assets into joint names, you should consider carefully tax issues such as attribution. There may also be a concern about losing control of the assets. There is the risk of abuse if a parent holds assets jointly with one child, and the parent intends that when he/she passes away, this child will share the jointly owned assets with his or her siblings. We encourage you to discuss these issues with your legal advisor.

Beneficiaries for RRSPs, Insurance Policies or Pensions

You should consider naming adult beneficiaries, like your spouse, for your RRSPs, insurance policies or pensions. This way, the proceeds of these assets will flow directly to your named beneficiary and your estate will not pay probate tax on the proceeds. Your estate may have to pay income tax on capital gains generated in your RRSP. It may be a good idea to require the beneficiary of the RRSP to pay the related taxes. Please discuss this with your legal advisor.

Using Multiple Wills

If you have valuable shares in a private company, you may want to consider using two mirroring Wills.
The first Will would relate to specific assets and shares in a private company which do not require probate to be transferred. The second Will would relate to your remaining assets which are in the public domain and real estate. Only the second Will would be submitted to the Court for probate and subject to tax.

What other taxes are due when I die?

Usually, the most significant tax is on your capital gains. When a person passes away, he or she is deemed to have disposed of all capital assets for proceeds equal to their fair market value. This will trigger accrued capital gains or losses.

There are two key exceptions. Your estate will not pay capital gains on your principal residence and capital gain tax will be deferred on assets transferred to your surviving spouse or in a qualifying trust for that spouse. For transfers to spouses or a spousal trust, capital gains are then deferred until the assets are disposed of by your spouse or your spouse passes away. You must make sure the trust qualifies as a spousal trust. If it does not qualify, Canada Revenue Agency will claim tax. To qualify as a spousal trust, your surviving spouse must be entitled to all the income and no one else can be entitled to use the capital.

What claims can my spouse make when I pass away?

Ontario’s Family Law Act provides that a surviving spouse has a right to “equalization” of both spouses’ assets on death. There are rules as to what assets must be equalized. This includes the matrimonial home and the value of all assets acquired during the marriage. Thus you cannot ignore your spouse as a beneficiary when you make your Will.

Does my son or daughter have claims on my estate?

No, unless they are financial dependents. You cannot ignore your spouse or dependents when you make your Will, but you have no legal obligation to anyone else.

My son or daughter has a disability, how do I provide for him or her?

You should consider creating a trust for that child in your Will. Usually, you do that by setting aside a specific amount of money to meet the financial needs of your son or daughter. Many disabled people receive financial assistance from government. For these benefits to continue, your trust must state that the payments from the trust are left entirely to the discretion of the trustees.

At what age should my children or grandchildren receive their bequests?

Usually, parents and grandparents do not want their children or grandchildren to receive all of their bequests until the age of 21 or older. To delay a bequest, a Will must provide for a backup beneficiary, in case the first beneficiary dies before he or she reaches the specific age. This provision for a backup beneficiary will serve two purposes. It will deal with the possible death of your child or grandchild and it will prevent your child or grandchild from demanding the bequest at the age of 18 years.

Business succession

My family has a successful business. How should I deal with the future of this business in my estate plan?

You should develop a succession plan. With this plan, you can prepare over time either to sell the business or to pass control and management to your children. Unfortunately, most family businesses do not plan for their future. As a result, when family businesses are transferred from the founder to the next generation of the family, only 30% survive. When transferred to the third generation, only 10% of the family businesses survive.

What are the benefits of a good succession plan?

If you and your family wish to transfer control of the business, then a good plan will help ensure a smooth transition.

If you and your family decide to sell the business, then a succession plan can provide for an orderly sale to existing management or to outside party. If the business can be sold at a time chosen by the family, this will maximize the sale price.

A plan can mitigate the disruption of the business if its founders suddenly die or are incapacitated. For example, a plan can support the internal development of competent managers who will help ensure the business can continue.

What are the features of a good succession plan?

To develop a good plan, you should:

Begin it now There is no time like the present to begin your succession plan. To develop a plan, families will need to consult with legal and financial advisors and with the members of the family, including those who are not directly involved in the business. If the family plans to pass control of a business to the next generation, then preparing the future owners will take several years.

Communicate Owners should communicate with family members who are working in the business and those who are not. By communicating they can foster realistic expectations and gain consensus for a succession plan.

Be fair Being fair to your children does not mean treating them all the same. Assess the competency of each child and determine whether that child is suited to take over the business, or whether the business should be sold. Children may benefit from working outside of the family business to gain experience and fresh perspectives.

Work together Try to develop a shared vision among the family of where the business is going. It is not just for the founder to decide.

Be flexible Ensure the plan can accommodate changes in the family, unexpected events, deaths or opportunities.

Power of attorney

What are powers of attorney? Do I need them too?

Yes, you should have powers of attorney. There are two kinds of powers of attorney: one for personal care (health); and one for property. They operate while you are alive.

With powers of attorney you can appoint someone you know well and trust to make medical and financial decisions for you while you are alive.

Who should I appoint as my attorney(s) for property or personal care?

These powers of attorney are powerful documents. Unfortunately, we often see abuse of the power of attorney for property. To guard against misuse, we recommend you consider appointing two people who must act together as your attorneys for property.

For both powers of attorney, you should appoint people you know well and trust. They should be concerned with your best interests and understand your values. Ask them if they are willing before you appoint them. You should always appoint backup persons.

*Worksheet provided as Word document on houserhenry.com

For more information about Houser, Henry & Syron LLP, please visit www.houserhenry.com or the International Society of Primerus Law Firms.

FAQ’s: Employees and Independent Contractors in Ontario

Houser, Henry & Syron LLP

Toronto, Canada

Frequently Asked Questions:  Employees and Independent Contractors in Ontario

What is an “employee”?

An employee is someone who has entered into an agreement (whether written or oral) to provide services to an employer, and that employer controls how the employee’s services are performed and the employee’s compensation. In exchange for the employee’s services, the employee receives hourly wages or a salary.

Full-time employees usually work exclusively for one employer and often have access to benefits (such as health insurance or a pension plan) offered by their employer. An employee usually uses the employer’s tools, office or work space, and resources to complete the work which he or she performs for the employer. An employee reports to his or her employer, and the employee’s performance may be evaluated by the employer.

Employers and employees owe one another many duties. Generally, the duties of the employer are more onerous. This is because the two parties have unequal bargaining power, and the law gives the employee (as the weaker party) greater protection.

What is an “independent contractor”?

An independent contractor also provides services to another party in exchange for payment. However, an independent contractor provides services as part of the contractor’s own business. The party engaging the contractor has less control over how the independent contractor performs the services than it would have over an employee. Typically there will be a written contract describing the services to be provided, and other contract terms resulting from negotiations between the parties.

In law, an independent contractor is considered to have equal bargaining power with the party receiving the services. Independent contractor relationships are governed by commercial law, and not employment law.

It is not always easy to tell if someone is an employee or an independent contractor. The determination cannot be made by one single and universal test. Instead one needs to look at the “total relationship” between the parties and to ask whether the person who has been engaged to perform the services is really performing them as part of his or her own business. A central issue is the amount of control the party receiving the services has over the other’s activities.

Generally, a true independent contractor will:

 have control over the timing and performance of his or her work;
 own his or her own tools or equipment required to perform the work;
 have a chance of profit and a risk of loss (e.g. receive a fluctuating payment based on actual work done);
 not work full-time for one organization;
 work for (or have the option of working for) more than one organization;
 have the authority to hire his or her own workers
 have his or her own office or work space;
 not have vacation entitlements, car allowances, insurance benefits or other benefits from the other party to the contract;
 not be required to report to an organization to show it followed the organization’s instructions.

What are some differences between employees and independent contractors?

Employers owe many duties to their employees, and must comply with various laws. For example, an employer is required to comply with Ontario’s Employment Standards Act, 2000 (the “ESA”). Among other things, the ESA provides for vacation and holiday entitlement, minimum wages, and protected leaves (such as maternity leave).
If an employer decides to terminate an employee’s employment without “cause” (misconduct), it must provide the employee with reasonable notice or pay instead of reasonable notice. “Reasonable notice” will be different in each scenario, and will depend on factors such as:

 the character of employment (i.e. is the employee a lower-level employee or a senior manager);
 the employee’s length of service;
 the employee’s age; and
 the availability of similar employment (having regard to the experience, training and qualifications of the employee).

Minimum notice periods for employee terminations, or pay instead of notice, are established under the ESA. However, courts often award longer notice periods, or pay instead of notice, than the minimums found in the ESA. Even if the employee and employer have included a specific notice period in a written employment contract, there can be circumstances when a court will grant the employee a longer notice period, such as where the employee’s relationship with the employer has changed substantially or where the employee has served the employer for many years.

If an employer imposes unilateral changes on an employee (such as a reduction in pay or a demotion), then the employer may be held to have “constructively dismissed” the employee and may have to pay the employee compensation for terminating the employment relationship. For more on termination of employment, please see our publication Employee Terminations – Factors to Consider (PDF).

An employee also owes his or her employer duties, including a duty of loyalty. An employee should protect confidential information received through his or her employment. An employee should also avoid competing with his or her employer while employed.

An employer will often be “vicariously liable” for the actions of its employees. For example, if an employee is working and makes a mistake and someone gets injured as a result of that mistake, then the employer may be responsible for the injury. Vicarious liability does not usually apply to the actions of independent contractors.

A person or company’s relationship with an independent contractor is governed by commercial law, and the agreement between the parties. While an employer is generally expected to provide an employee with an office or work space, tools and equipment, these things do not need to be provided to an independent contractor, unless the parties agree otherwise.

Many independent contractor agreements include specific notice periods with regard to terminating the contract. The parties must provide the notice described in the agreement between them, unless they mutually agree that the relationship can be immediately terminated. These notice periods will not generally be extended even if the parties have had a long-standing relationship. If there is no specific notice period in the independent contractor agreement, then one party must provide the other with a “commercially reasonable” notice if it is terminating the contract. What is “commercially reasonable” will vary depending on the industry and the parties’ relationship.

Another difference between contractors and employees is that contractors generally bill for the work they are performing. While some employees may be asked to keep track of the number of hours they work, employees do not submit invoices.

What is a “dependent contractor”?

The idea of a “dependent contractor” has developed in recent years. Like independent contractors, people falling into this hybrid category usually have their own businesses and do not have all of the “hallmarks” of employment (e.g. health benefits, vacation entitlements). However, dependent contractors often work exclusively for one company and may perform essential functions for that company.

Unlike independent contractors, dependent contractors usually lose all (or substantially all) of their business if the relationship with the other party ends. To minimize the economic impact of terminating the relationship, courts usually determine that dependent contractors are entitled to longer reasonable notice if the other party intends ends the relationship.

This entitlement to longer reasonable notice is the main difference between independent and dependent contractors. The amount of notice will take into account the time required to find replacement(s) for the business lost. Finding replacement(s) often takes longer for dependent contractors than for independent contractors.

Dependent contractors are usually treated as “self-employed” (not employees) for income tax purposes.

What are some risks if someone is classified as a contractor, but he or she is actually an employee?

Employment Consequences

Merely calling someone an independent contractor (even if that term is used in a written agreement) or merely having a separate corporation through which the person is paid does not mean that the person is an independent contractor.

Courts and tribunals will do their own assessment as to whether the person is really an employee or an independent contractor. This determination is usually based on the degree of control exercised by the party receiving the services. The final assessment will not always be influenced by what the parties call themselves or how a person is paid.

If a person is actually an employee and his or her employment is terminated by the employer without cause, courts and tribunals will generally award that employee reasonable notice (or pay instead of reasonable notice) plus legal costs.

Tax Consequences

If a person is incorrectly treated as an independent contractor when she or he is, in fact, an employee, there can be serious tax consequences for both parties.

Parties can ask the Canada Revenue Agency (CRA) to review the status of a worker. This is best done at the commencement of the relationship, if there is any doubt as to the worker’s tax status. This is done using Form CPT1. If so requested, the CRA will advise if it regards the worker as an employee or a contractor for the purposes of statutory deductions. Parties should consider making this request to the CRA if they are uncertain as to a worker’s status. If the relationship is an existing or on-going one, obtaining tax advice is recommended before approaching the CRA for a ruling.

An employer must withhold and remit an employee’s:

 income tax based on his or her employment; and
 statutory deductions (such as the Canada Pension Plan and Employment Insurance contributions).

If an employer fails to properly withhold and remit these items, the employer can be found liable and be made to pay interest and penalties. Employers must also pay Employer Health Tax in Ontario.

Contractors, on the other hand, are required to make their own remittances to the government. The person or company who received their services will not be liable if the contractor failed to properly remit the required amounts.

The labour provided by employees to their employers is not subject to Harmonized Sales Tax (HST). Contractors charge HST for their services. Contractors should consult with their tax advisors about HST, “input tax credits” and what needs to be remitted to the government.

*This article does not deal with employers and employees in the context of a unionized labour force.

For more information about Houser, Henry & Syron LLP, please visit www.houserhenry.com or the International Society of Primerus Law Firms.

Nicholas J. Drakulich, Named To Plaintiffs’ Steering Committee in the National Actos Litigation

Nicholas J. Drakulich, the Founding Partner of THE DRAKULICH FIRM, APLC, has been named to the Plaintiffs’ Steering Committee in the Actos (Pioglitazone) Products Liability Litigation (MDL 2299) currently underway in U.S. District Court for the Western District of Louisiana. Mr. Drakulich was appointed by the Honorable Rebecca F. Doherty in an order dated April 13, 2012. Lawsuits pending in the litigation allege that patients who ingested Actos for more than a year are at increased risks for developing bladder cancer. Plaintiffs further allege that Takeda Pharmaceuticals and other Defendants promoted Actos as a safe and effective treatment for Type II diabetes, even though they knew or should have known that taking Actos for longer than 12 months increased the risk of bladder cancer and had other serious side effects.

“I’m honored to have been selected as a member of the Actos PSC and to represent people who allege to have been seriously harmed by this medication,” Nicholas (“Nick”) Drakulich said. The team of Actos litigation attorneys will work to prove that the Defendants failed to adequately warn people of the full spectrum of the drug’s side effects, including bladder cancer.

For more information about The Drakulich Firm, APLC, please visit www.draklaw.com or the International Society of Primerus Law Firms.

CLICK HERE to view Press Release

Contact Nick Drakulich if you are in need of an experienced San Diego Personal Injury Lawyer or San Diego Wrongful Death Lawyer.

Professor Dr. Eckart Broedermann Elected as Vice-Chair of Hamburg Bar Association

Broedermann & Jahn is proud to announce that its senior partner, Professor Dr. Eckart Broedermann, LL.M., has recently been elected as a Vice-Chair of the Hamburg Bar Organization in Germany. Professor Broedermann has been a member of the board of the Hamburg Bar Organization for many years and is a member of the Committee on Private International Law at the level of the Federal Bar Organization which is composed of 28 local Bars; the Hamburg Bar is one of the largest.

The Hamburg Bar Organization is in charge of nearly 10,000 lawyers. It is part of the self-administration of lawyers in Germany which has been endowed by the Hamburg judicial authority with certain powers which, in previous times, had been exercised by the state. The Hamburg Bar is therefore both a representation of the lawyers in their constituency at the federal and international level and the supervising authority that decides the admissions of lawyers, revocations and disciplinary sanctions. The Hamburg Bar is governed by a board of 22 lawyers, half of which are elected every two years. Professor Broedermann was re-elected to the Board in April for a term of 4 years; on Wednesday, May 2nd, Professor Broedermann was then elected as one of the Bar’s three Vice Chairs.

For more information about Brödermann & Jahn, please visit www.german-law.com or the International Society of Primerus Law Firms.

CLICK HERE to view Press Release

Contact Professor Dr. Eckart Broedermann, LL.M. if you are seeking a Hamburg International Transactions Lawyer (including M&A, joint ventures and international construction).

Hull Barrett Attorney Selected as WAGT 26 Women to Watch

Tara R. Simkins, partner at Hull Barrett, PC has been selected by WAGT 26 as a Woman to Watch. The station seeks nominations for local business women who serve as role models in their business community. Each candidate is reviewed and then a person is selected who exemplifies the power of entrepreneurs, empower others to be successful, has a positive impact on the community, and clearly demonstrates an ability to serve others.

“I am honored to be a part of a program that highlights women in such a special way,” says Simkins. The past recipients of this honor are amazing role models for the CSRA and I am humbled to be among them.” 2012 Women to Watch include: Vera Stewart, Very Vera; Pam Gleason, The Aiken Horse; Kim Hines, Augusta Locally Grown; Shawn Rhodes, Environmental Code Enforcement Officer with Richmond County; Patsy Skinner, Philanthropist; and Jennifer Shuford of Tastefully Yours catering business.

Tara graduated from Wake Forest in 1989 and earned her JD from the University of Georgia in 1992. In 1998 she joined Hull Barrett, PC where she has counseled clients for the past fourteen years in general corporate and transactional matters, commercial real estate, and trademark and copyright matters. In January 2009, Brennan, Tara’s son, was diagnosed with acute myeloid leukemia (“AML”) on the eve of his 7th birthday. After a three year battle, Brennan has now been in remission for fourteen months. Through the Press On Foundation, Tara, her family and friends have raised more than seven hundred and seventy thousand for pediatric cancer research. The Foundation also just recently donated three hundred thousand to St. Jude Children’s Research Hospital’s Pediatric Genome project where researchers will sequence the genome for AML in hopes of finding a cure.

For more information about Hull Barrett, PC, please visit www.hullbarrett.com or the International Society of Primerus Law Firms.

CLICK HERE to view Press Release

If you are looking for an Augusta Real Estate Attorney or an Augusta Conservation Easements Attorney, please contact Tara Rice Simkins.

Schneider, Smeltz, Ranney & LaFond Welcomes Scott J. Robinson

Scott J. Robinson is the latest addition to the Schneider, Smeltz, Ranney & LaFond (SSRL) team, a Cleveland based civil practice law firm. He joins SSRL as an Associate and plans to grow his practice in the firm’s Labor and Employment, Litigation, and Product Liability departments.

Managing Partner, James D. Vail, states, “We are delighted that Scott agreed to join the firm. His skill and experience in a wide variety of complex litigation matters will provide a great resource to our clients.” Robinson’s primary practice area is Litigation, as he has a widespread knowledge of Commercial Litigation, Labor and Employment Litigation, and Products Liability Litigation. He has substantial experience defending companies in commercial disputes in both federal and state courts. He has successfully litigated products liability and consumer actions matters, and he has broad appellate experience.

As he grows his practice at SSRL, Robinson’s commitment is to meet the standard of excellence held by the attorneys and staff at the firm. He will continue working toward solving complex problems for his clients. Robinson comments on the importance of delivering excellent client service, “Clients in need of legal help want answers, not excuses. To get them those solutions, they deserve the best advice and counsel that I can give them. I enjoy making sense of the sometimes opaque world of commercial litigation.”

Before joining the SSRL team, Robinson developed his legal skills at other local law firms while helping his clients succeed in state and federal court during both the trial and the appellate process. He also counseled clients on various employment law issues.

Robinson earned his J.D. from Cleveland-Marshall College of Law in 2001, Cum Laude; and a Bachelor of Arts degree in English from Case Western Reserve University in 1998. He was admitted to practice in the State of Ohio in 2001 and the State of California in 2003. Robinson is also admitted to practice in the United States District Court for the Northern and Southern Districts of Ohio, the United States District Court for the Middle District of Pennsylvania, the Northern District of Illinois, United States District Court of Colorado, and the Seventh District Court of Appeals. His legal memberships currently include the Ohio State Bar Association and the Akron Bar Association. In both 2011 and 2012 he was named Ohio Super Lawyers Rising Star.

Robinson is a proud resident of Ohio City where he resides with his wife and two young sons. He is also a board member at Lutheran Chaplaincy Services.

For more information about Schneider, Smeltz, Ranney & LaFond P.L.L., please visit www.ssrl.com or the International Society of Primerus Law Firms.

CLICK HERE to view Press Release

For a Cleveland Labor and Employment Lawyer or a Cleveland Product Liability Lawyer, contact Scott Robinson.

YLS Membership Update

Written By: Claire L. Lunardini, Esq.

Williams Montgomery & John Ltd.

Chicago, Illinois

The membership of the Primerus Young Lawyers Section (YLS) continues to grow and thrive.  We currently have 155 YLS members.

There were 40 people in attendance at our recent Primerus 2012 YLS Deposition Skills Boot Camp CLE and networking event on January 18-20 in Miami, Florida. The deposition skills boot camp was a wonderful opportunity for YLS members to meet face to face. It was also a great chance to match voices from our YLS telephone conference calls with faces. Several friendships were started and others continued to blossom. We look forward to creating more opportunities to connect, build friendships, and share professional opportunities in the future.

In you are interested in joining  or learning more about the Primerus YLS (you are required to be a Primerus member who is either forty years of age or younger or who has been practicing law for less than seven years), please contact the YLS Membership Committee Chair, Claire Lunardini, at cll@willmont.com. In addition, if you have not already done so, I encourage you to join the Primerus Young Lawyers groups on LinkedIn and Facebook to keep in touch with your fellow Primerus YLS members.

For more information on Williams Montgomery & John Ltd., please visit www.willmont.com or the International Society of Primerus Law Firms.

 

YLS Member Spotlight: Dion Sankar

This spring, the YLS Newsletter Committee spotlights Dion Sankar, an attorney with The McCallister Law Firm in Kansas City, Missouri. Dion is a 2005 graduate of Hofstra University School of Law. The McCallister Law Firm focuses on the representation of individuals and families in cases involving catastrophic injury or death resulting from dangerous products, tractor-trailer and auto accidents, and medical malpractice. The McCallister Law Firm also represents individuals who have had their constitutional rights violated.

An interview with Dion follows:

1. If you were asked to give one piece of advice to graduating law students, what would your advice be?

As best as you can, make career decisions based on what you want to do and not the salary you think you deserve. 

2. Do you have a mentor? If yes, what has he or she done to help in your development as a practicing attorney?

Harold Weisman. Harold is my former boss and my pseudo grandfather. He taught me the value of learning to understand your clients, not just their cases, and the necessity of forging collegial and trustworthy relationships with adversaries. 

3. What, or who, inspired you to go to law school?

Morris Dees. He is a tremendous litigator and his work at the Southern Poverty Law Center is truly inspiring. 

For more information on McCallister Law Firm, P.C., please visit www.mccallisterlawfirm.com or the International Society of Primerus Law Firms.