The Need To Be Heard

Last night, I had dinner with some friends.  We were discussing litigation. Specifically, we were discussing the need to be heard.

A few years ago, I was involved in a small dispute between a landlord and tenant. As is often, but not always the case, I was representing a landlord. This just happened to be a security deposit dispute. This case involved the usual issues: damage to the apartment and cost to repair. The plaintiff was pro se and insisted she did not damage the apartment. She was employed as a hotel maid.

I tried everything to negotiate a settlement in the case with the plaintiff. Using my best reasoning skills, I spent a half hour trying to negotiate a fair proposal and avoid a hearing.

The plaintiff heard what I was saying in the hallway that day but she wasn’t willing to settle.

Why?

In the plaintiff’s own words: “I paid my filing fee, I want the judge to hear this.”

So we went into court and tried the case.

In practice, I see the need to be heard as one of the fundamental needs/wants/hopes of all parties.  It plays out everywhere from divorces to personal injury cases to real estate closings.  Sometimes it is more important for a party to be heard than it is to be validated.

From what I’ve observed, to most clients, it doesn’t matter who hears the case. It doesn’t matter the title of the person sitting at the head of the table. The person could be a judge, magistrate, JTR, housing specialist, family relations officer, an ATR or a private trained mediator.

Most of the time the only thing that matters is that the person listens. That’s one of the reasons mediation tends to resolve cases.

In my case the magistrate’s ruling $23 more in favor of my client than my best offer to the pro se plaintiff.  So in the end, the pro se plaintiff spent $23 to be heard. A small price to pay for being heard in today’s noisy world where it’s often hard to find anyone who will listen.

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Quote of The Week

“If we remain flexible and adapt, we may remain relevant”. – Mark Dubois, on the Legal Marketplace, in the Connecticut Law Tribune, February 6, 2012

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Do You Use Clio or Rocket Matter?

windows 95It’s time to upgrade my law practice management software. Abacus 2005 feels like I’m using Windows 95.

My research has narrowed my options down to two choices: Clio or Rocket Matter.

If you are using either Clio or Rocket Matter, I’d love to hear your thoughts. Please comment below or send me an email.

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The Connecticut Coalition Against Domestic Violence Names Karen Jarmoc As Executive Director

Editorial Note: CCADV made an outstanding choice in selecting Karen Jarmoc as its leader.

Hartford, CT- The Connecticut Coalition Against Domestic Violence (CCADV) has selected Karen M. Jarmoc to serve as its leader as it moves forward with its meaningful work to strengthen Connecticut’s response to victims of domestic violence. Board President, Sandy Aldieri today announced that Jarmoc, who has held the post of Interim Executive Director with CCADV since April 2011, has been appointed its Executive Director effective February 15th.

 ”Karen Jarmoc has been a tremendous and strong voice for our  statewide coalition and for victims of family violence in Connecticut,” said Aldieri. Aldieri notes that over the past nine months, CCADV established its Training Institute, officially issued its first report of the CT Domestic Violence Fatality Review Committee, and launched its inaugural “First 100″ men event which raised much needed dollars for public awareness. Most recently, Jarmoc served as co-chair of the General Assembly’s Task Force on Law Enforcement Response to Family Violence. That group has made significant recommendations to the legislature to build upon law enforcement’s comprehensive work to assist victims. “Karen’s leadership on these initiatives and her vision to guide CCADV in its work as the recognized voice for victims of domestic violence and those who serve them in Connecticut, makes her the perfect chief for the future,” added Aldieri.

Jarmoc said that taking on this important role is like coming full circle. Nearly twenty years ago, Jarmoc worked as the Executive Director at the Network Against Domestic Abuse, Inc. in Enfield. The Network is one of CCADV’s 18 member agencies which provide a critical response to victims including advocacy in court, emergency shelter, counseling and a 24-hour hotline. As a Connecticut state lawmaker, Jarmoc was a member of the Speaker’s Task Force on Domestic Violence. “I am grateful for the opportunity to get up every morning and do this meaningful work,” said Jarmoc. “CCADV and its membership serves more than 54,000 victims annually and I appreciate this occasion to lead this effort and fortify training, policy and public awareness to better serve victims.”

Jarmoc represented Enfield’s 59th House District from 2007 to 2011. In 2008, Jarmoc was honored by CCADV as a leader whose commitment to change made a difference in the lives of survivors of domestic violence. Jarmoc serves on the board of the Connecticut Airport Authority. Locally, she is board chair to the United Way of North Central Connecticut and the Asnuntuck Community College Foundation, Inc. In 2011, she was named by the Rotary Club of Enfield as a 2011 Paul Harris Fellow.

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Schwartz Bests Dankosky in Hot In Hartford Competition

Breaking news: “Landside” Dan Schwartz bests WNPR’s John Dankosky in Sad City Hartford’s “Hot In Hartford Competition” proving that lawyers are just slightly more well liked than members of the media.

update: Spelling Mr. Dankosky’s name wrong in the original title of my post – not good (I did get it right in the post itself). My editing staff is roughly the size of the Courant’s staff so there’s no excuse for this (tongue in cheek). I wrote “Dankowsky” in the original title out of habit. My cousins have the last name “Mankowsky”. I guess my subconscious thinks of WWL as family? Maybe Colin can do a show on that?

Dan did not win in a landside (17 votes). I’m an avid listener of “Where We Live” and think it’s the finest local radio show around.  There is nothing nerdier than being a law blogger – nothing.  The idea that a law blogger could win “Hot In Hartford” gives law bloggers everywhere hope.  If law blogger is the new cool, perhaps one day I too can sit with the cool kids.

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Malloy Cuts 5.76 Million From Judicial Branch Budget

by Christine Stuart

Gov. Dannel P. Malloy is following through on his promise to end the year in the black by cutting nearly $79 million from the current budget.

Malloy’s decision to use his rescissionary authority to keep his first budget in the black will have a “relatively small impact” on state services according to the governor himself, but it’s possible others may disagree.

“Last year we were on the brink of the abyss with the largest per capita deficit in the nation. Today we’re talking about an adjustment of less than one percent,” Malloy said trying to put the proposal into perspective.

The Judicial branch received a $5.76 million cut to its budget.

Click here to read more on Malloy’s budget cuts.

 

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Vote Dan Schwartz For Hot In Hartford

Blawgfather and lawyer extraordinaire, Dan Schwartz, has drawn a tough first round matchup in Sad City Hartford’s “Hot In Hartford” competition in WNPR’s  John Dankosky.

One of the country’s best law blogger v. the host of one of the very best local radio shows in the country?  Hartford is pretty darn awesome.

As much as I enjoy Mr. Dankosky’s work, few contribute more to our legal community in Connecticut than Dan Schwartz.  Vote Dan Schwartz!

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CT Judicial Branch Joins Twitter!

On December 18, 2008 I wrote “Tweet! Judicial Branch Website! Tweet! . In that post, I argued:

The judicial branch can inform attorneys and the public of programs, changes in forms, updates in procedures, decisions, court closings and a variety of other information by creating a twitter feed.

Today, my dream has been realized. The Connecticut Judicial Branch has joined Twitter!

The Connecticut Judicial Branch is now using Twitter to broaden public access to information about the courts.

“Twitter is yet another way to get word out quickly about delays or closures due to inclement weather, news about events, revised court forms or procedures and a host of other developments,” Chief Court Administrator Barbara M. Quinn said. “Our account will link followers to new information posted on the Branch’s website, at www.jud.ct.gov, and we hope that users will find this ‘real-time’ service beneficial.”

The Branch’s Twitter account is at https://twitter.com/#!/search/CtStateCourts ; it may also be accessed through an icon on the Judicial Branch’s website.

Can a CT Judicial Branch Facebook page be far behind? As much as I love twitter, Facebook is probably the best “social media” forum to “….to get word out quickly about delays or closures due to inclement weather, news about events, revised court forms or procedures and a host of other developments…”

The first reaction for many people to twitter is “I don’t get it”.  It’s text based and limited to 140 characters. If you expect twitter to be like Facebook – you’re going to be disappointed. Twitter limits of 140 characters make it the greatest market place of ideas ever created. It is part news feed and part chat room. Twitter forces users to be concise. Concise posts allow a reader to know almost instantly if a link is worth clicking on.

Facebook reaches a larger audience. It’s the only place on the net where one can reach my 85 year old grandfather and my 15 year old cousin and everyone in between.  Twitter does not reach either of them. Twitter is incredibly useful and easy to use on phones. For many Connecticut residents, a phone is their only access to the internet. Twitter makes it easy for users of most phones to get access to information without having to web browse (which is very difficult on some phones). The ease of use on mobile devices is why Twitter has played such a large role in protests in Egypt and Iran where web access is very limited.

The Judicial Branch should embrace Facebook in addition to twitter.

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What Is The Average Disposition Time Of A Civil Case In Connecticut?

According to a June 2010 RBA Civil Caseflow Processing Program Report Card the average disposition time of a civil case is between 21 and 23 months.  Disposition time is measured between the filing date and the disposition date of a case.

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A Small Window Into The Large Career of Judge Satter

I originally wrote this post on October 17, 2008.  I appeared before Judge Satter a number of times over the past few years. He was fair and just.  In light of Judge Sattter’s death yesterday, I think this is worth re-posting. It is but a small window into the career of Judge Satter. 

__________

A few months ago, I was waiting for my case to be called on the foreclosure docket when I saw a lawyer fight back.

I’m not sure of the lawyer’s name or the name of the case but whoever he is – he pushed back against the tidal wave that is the foreclosure mess in Connecticut.

You see, when his client received the foreclosure notice he filed a counterclaim for breach of contract, negligent lending and CUTPA and he didn’t stop there.

He served the lender with discovery requests pertaining to the ownership of the note.

And much to the annoyance of lender’s counsel, he didn’t stop with written discovery, he wanted to depose the officers of the company that wrote the mortgage. The lender was a California company and all of its employees lived in California.

The lender’s attorney argued that a deposition wasn’t necessary. Judge Satter would have none of it.

The lender’s attorney argued that a video depositon is what the court should order.

Homeowner’s counsel objected to this saying that it is important for him to “size up” a witness which is not something he could do through video conference.  Counsel for the lender responded that flying employees to Connecticut for a deposition wouldn’t be fair to the lender due to the expense.

Neither lender’s counsel nor the lawyer for the homeowner would back down.

You know what Judge Satter said to lender’s counsel? He said that they choose to write mortgages in Connecticut. Judge Satter then ordered that the lender had to make its officers available for live deposition in Hartford.

I don’t know what happened to the case or the homeowner’s claims. I do know counsel for the lender was not pleased.

At least in that court, on that day, a homeowner did the unexpected and challenged the lender. Good for the homeowner. Good for Judge Satter.

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