A Connecticut Law Blog

by Ryan McKeen

It’s now being widely reported that Susan Bysiewicz will seek an declaratory judgment on her candidacy for attorney general.

This is just my guess. I may or may not be more accurate than the weathermen were last week. Here’s what I think she’ll do:

1. Hire Attorney Wesley Horton to represent her.  Attorney Horton was quoted in the February 10th edition of the CT Law Tribune as saying he does not think the Connecticut Attorney General Statute is constitutionally valid.

The same article quotes Bysiewicz as saying “I agree with Horton”.

Horton’s track record speaks for itself. Having him on her side would certainly be a net plus for her candidacy.

Bringing an action is a high stakes game that she can’t afford to lose.

2. Bysiewicz brings a declaratory action solely on the issue of whether or not the statute is constitutional.  If she seeks a declaratory ruling as to whether or not her experience qualifies her under the statute it opens her up to discovery and the potential for a very lengthy trial.  Challenging the statute itself is a whole lot less troublesome for her than factually proving her qualifications. It would be done through briefs and appeals not through testimony.

Whether or not she wins in a court of law is an open question.  The issue will be vigorously litigated. If Attorney Horton says it’s unconstitutional there’s a good chance it is.

However, she may be doing more damage to her political credibility by bringing the action. Here’s a quote from the February 1, 2010 edition of the CT Law Tribune:

Bysiewicz said she does not intend to seek a court opinion on the eligibility matter.

“This is not so much a legal question as a political question,” she said.

I guess she was against it before she was for it.

No matter what she chooses to file or who files it on her behalf, she’s looked at her cards, and she’s going to tell the dealer that she’s all in.

February 17th, 2010 | Tags: attorney general, declaratory action, law suit, susan bysiewicz | Category: A Connecticut Law Blog | Comments (9)

by Ryan McKeen

Kevin Rennie is reporting that Susan Bysiewicz is going to seek a declaratory judgment on the issue as to whether or not she is qualified to be attorney general.

If she  opts to challenge the constitutionality of the Attorney General statute she’ll find herself squaring off against Attorney General Blumenthal.

Connecticut Practice Book Section 17-56b requires the Attorney General to be given reasonable notice or be  a party to any declaratory judgment challenging the validity of a state statute.

If the statute is challenged it’s the Attorney General’s job to defend it.

Break out the popcorn.  Bysiewicz v. Blumenthal may be coming to a superior court near you.

February 17th, 2010 | Tags: 10 years, attorney general statute, connecticut, constitutional, dick blumenthal, kevin rennie, susan bysiew, susan bysiewicz | Category: A Connecticut Law Blog | Leave a comment

by Ryan McKeen

Just finished an article on the Droid for the ABA Journal that will be published in April.

Anyhow, I’ve got this question emailed to me several times: “How do I sync my Android phone with my Abacus software?”

Here’s how:

1. Make sure you have the Abacus companion link installed for abacus on your computer. You can download it here.

2. Through the companion link software you’ll need to sync your data to Outlook.

3. Go to your google calendar.  If you haven’t already, download google calendar sync. It’s available on this page with directions on how to use it.

4. Set your Google Calendar Sync to sync with outlook.  Doing this is pretty easy.

It’s all pretty easy though a little annoying.

Why doesn’t abacus sync directly to google calendar?  That would make life easier.

If you’ve done this right, abacus will sync with google calendar which you can access from your phone or any computer. The sync works both ways. Meaning if you put something in your google calendar you can configure it to appear in Abacus automatically. There’s no need to physically sync your phone as it’s all done through the cloud.

February 15th, 2010 | Tags: abacus, android, droid, sprint htc hero, sync | Category: A Connecticut Law Blog, Legal Technology | Leave a comment

by Ryan McKeen

It’s said that pain is weakness leaving the body. If that’s the case, Mark was one of the strongest people that I’ve ever met.

On Tuesday, I got a call from a woman, asking me if “I had heard”. Conversations that begin like that usually don’t end well. This was no exception.

The woman informed me that my client had died. She was a close friend of his. I expressed my condolences, asked some questions, and scribbled a few notes.

When the conversation ended, I sat at my desk stunned.

People come into your life in all sorts of ways. My client, Mark was a walk in client. One of the benefits of having a bus stop outside the office is that sometimes people just drop in.

Mark came into my life unexpectedly one winter morning. Mark left my life unexpectedly one winter morning.

Mark and I talked about his case. He told me that he wanted to hire me because “I didn’t have a TV commercial and my face wasn’t on a bus”. I instantly liked Mark.

The year that followed was awful for Mark. He suffered about every indignity a man could suffer.  Then he died.

After the initial shock, I got up from my chair, and walked over to  my assistant, Ruth’s desk. I told her that Mark had died and I started tearing up.

Once we won the case, Mark was going to buy my assistant, Ruth a large fruit basket. He asked me where he could get a real nice one. He appreciated all she did for him.

At some point last year, Mark asked me what my favorite restaurant was. I told him. He told me that once he won his case he was going to take me out to dinner.

Mark faced significant challenges during the year I knew him. His pain was so great that I can’t put it into words. I can’t even imagine it.

Since learning of  his death, I haven’t been able to put down his file. I look through my notes and his records – searching for something. I called his cell phone. It was disconnected.

Lawyers take on the most significant problems that others face. Every file in on my desk represents someone’s problem. The problem is that lawyers aren’t wizards. We can’t fix every problem.

Mark knew this. He knew this when he called me after suffering something horrible. He understood that I couldn’t make all of his problems go away. All I could do is what I did – listen. For a number of reasons, Mark’s world had shrunk in the past year.

Mark did more than accept my limitations – he believed in me.

And I believed that some day there would be a fruit basket for Ruth.

There will be no funeral service for Mark. I spoke with his doctor earlier today. She was also distraught.  We talked about a memorial service for Mark. She informed me that she was going to have lunch with Mark’s friend to celebrate his life. She asked me if I wanted to join them. I accepted the invitation. We’re three strangers. Our only common bond is that we witnessed Mark fight for his dignity over the past year.

Mark and I will never have that dinner. I accept that. I have no choice in the matter.

When I spoke with his doctor I never told her about Mark’s plan to take me out to dinner.

As our conversation was coming to a close she told me that Mark will be with us at our lunch. I couldn’t help but smile. And cry.

February 12th, 2010 | Category: A Connecticut Law Blog | Comments (2)

by Ryan McKeen

February in Connecticut  means snow. Today’s forecast calls for heavy snow this afternoon. So here’s a PSA:

Not only is driving without your headlights on really stupid, potentially negligent, and dangerous – it’s illegal in Connecticut:

Every vehicle upon a highway within this state shall display such lighted lamps and illuminating devices as may be required … at any time during periods of precipitation, including, but not limited to, periods of snow, rain or fog. Conn. Gen. Stat. Sec. 14-96a.

The fact that you can see where you’re going without your headlights is only half the battle. The fact that others may not be able to see you puts both you and everyone around you at risk for an accident.

Please drive safely.

February 10th, 2010 | Category: A Connecticut Law Blog, Personal Injury, Random CT Laws | Leave a comment

by Ryan McKeen

Abe Lincoln was a smart man.

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough. -Abraham Lincoln, Esq.

February 8th, 2010 | Category: A Connecticut Law Blog | Leave a comment

by Ryan McKeen

It has been a busy week for me. Not a lot of time or energy to post. So I’m going to borrow from a conversation that I had earlier in the week:

“If you owe a bank a thousand dollars…they own you. If you owe a bank millions of dollars…you own them.”

For whatever reason, that stuck with me.  It hits the nail on the head of a number of pressing legal, economic, and political problems that we’re experiencing.

February 5th, 2010 | Category: A Connecticut Law Blog, Collections, Foreclosure | Leave a comment

by Ryan McKeen

So we’re back to the active thing again. Earlier today, Attorney General Blumenthal weighed in:

…we conclude in response to your second question that the phrase “active practice” means more than simply being a member of the bar of the state in active status.

Attorney General Blumenthal’s opinion is extremely well reasoned and researched. I completely agree with his analysis. He’s right when he says that Connecticut courts have not defined the words “active practice”.

Over the past several weeks, I’ve read lawyers disclaim any idea what it means to be engaged in the active practice of law. Frankly, I’m shocked.

Having given a lot of thought to the issue of what “active practice” means the answer is in part very simple.

What do government lawyers, in house counsel, and lawyers in private practice have in common? They have clients. That’s the lowest common denominator.  The idea that in order to actively practice law requires having clients works in every instance I can think of.

For example, I give you Bob. Bob graduates law school and passes the bar. Bob pays his client security fund fee every year for 20 years. In that time, nobody hires poor Bob.  Bob has never actively practiced law. No matter how popular Bob is, he’s not qualified to serve as attorney general.

And therein lies the problem for Ms. Bysiewicz. Statutorily, the Secretary of State does not have clients.  The Secretary of State is the client.  The client for the attorneys that work for her. And a client to the Attorney General who represents her.

February 2nd, 2010 | Category: A Connecticut Law Blog | Comments (13)

is available here.

February 2nd, 2010 | Category: A Connecticut Law Blog | Comments (1)