The Lawyer's Mailbox: March 2012

Monday, March 26, 2012

U.S. Supreme Court Decisions Expand Right To Legal Counsel

In a divided (5 to 4) vote on Wednesday, March 21st, 2012, in Washington, D.C., the Supreme Court expanded the interpretation of the U.S. Constitution's right to be effective legal counsel.

The Court ruled that if defendants turn down a plea bargain because of incompetent legal advice, their convictions may be avoided.

The rulings, written by Justice Anthony Kennedy, recognized the central role that plea bargains now play in the criminal justice system.

While many Americans are familiar with the drama of a contested trial, "the reality is that plea bargains have become...central to the administration of the criminal justice system," Justice Kennedy wrote, joined by the court's four liberals, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

As a result, the majority said, defendants who negotiate pleas require legal assistance on a par with the tiny minority who go to trial.

The justices were ruling on two cases, including one from Missouri in which the defense lawyer didn't tell his client, accused of driving with a revoked license, of a prosecutor's plea offer that could have meant a shorter jail term than he ultimately received.

The second case, from Michigan, concerned a defendant accused of assault with intent to murder. The defendant turned down a prosecutor's offer of a maximum term of about seven years, after his lawyer persuaded him the state couldn't prove his intent to murder because his victim had been shot below the waist. At trial, the defendant was convicted of all counts and sentenced to a minimum term of more than 15 years.

[WSJ, Thursday, 3/22/2012]

Thursday, March 22, 2012

Chief Academic Officer wanted: Laureate International Universities

To apply, please send your curriculum vitae to: officeofthechairman@laureate.net.

For more information, contact www.laureate.net.

Laureate International Universities is "the world's leading network of private institutions of higher education."

[The Economist, March 17th, 2012]

University of Zurich, Faculty of Law: LL.M. Degree in International Business Law, 2012/2014

The ninth two-year term of the Executive LL.M. International Business Law Program of the University of Zurich will start in September 2012.

The application deadline is April 30th, 2012. For more information, contact www.LLM.uzh.ch or info@LL.uzh.ch.

[The Economist, March 17th, 2012]

Friday, March 16, 2012

MARKET UPDATE: CFTC Takes Aim at Rapid Trades

The CFTC (federal Commodity Futures Trading Commission) is initiating a new effort to watch the rapid buy and sell orders that increasingly influence the commodities market in the United States.

This update information comes from an interview with CFTC Chairman Gary Gensler.

This new approach by CFTC of widening day-to-day monitoring of the commodities and futures markets and targeting the high-speed trading firms follows the plan of the SEC (federal Securities and Exchange Commission to sharpen oversight of stock trades following the 2010 "flash crash".

[WSJ, Friday, 03/16/2012, page C1]

Wednesday, March 14, 2012

CLIENT UPDATES: Auctions and Mortgages

Auctions: The New York gallery of Bonhams International Auctioneers and Appraisers recently sold historic artist Diego Velazquez's "Portrait of a gentleman" for a record $4,617,100.00! Congratulations to Bonhams!
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Mortgage Settlement: New York state mortgage lawsuit agreement made.

Five of the nation’s biggest banks have agreed to pay New York a total of $25 million to settle claims by the New York State Attorney General regarding their use of a private national mortgage electronic system, known as MERS.

The agreement, filed in federal court Tuesday, resolves certain monetary claims by the New York attorney general against Ally Financial Inc., Bank of America Corp., Citigroup Inc., J.P. Morgan Chase & Co. and Wells Fargo & Co.

The agreement preserves the New York attorney general’s right to sue for damages suffered by consumers and to push for procedural changes.

In agreeing to the settlement, the banks neither admitted nor denied guilt.

The New York settlement was one of five side deals struck by the banks with individual states.

Friday, March 9, 2012

DOMINICAN REPUBLIC, Punta Cana: Book Signings for Charles Jerome Ware

On Friday, March 28th, 2012 and Saturday, March 29th, 2012, Charles Jerome Ware will be featured at multiple book signings at Pilatage Institute & Bookstore, Language Institute & Bookstore, Plaza 3 Center Avenue Estados Unidos, Bavaro, Punta Cana, in the Dominican Republic.

Attorney Ware's featured books for signing will include:
(1) "Understanding the Law: A Primer" (2008);
(2) "The Immigration Paradox: 15 Tips for Winning Immigration Cases" (2009);
(3) "Consumer Legal Tips and Secrets" (2011); and
(4) "Quince (15) Consejos Para Ganar Casos De Inmigracion" (2011).

[This book signing is supported in part by Excellence Punta Cana]

Tuesday, March 6, 2012

THE WHITE HOUSE: An Update

President Obama has signed the Middle Class Tax Relief and Job Creation Act of 2012
For the past several weeks, the President has called on Americans from across the country to add their voices to the debate and let him know how losing $40 in their paychecks would impact them. Thousands of individuals did exactly that, and it made all the difference: on Wednesday, February 22nd, President Obama signed the Middle Class Tax Relief and Job Creation Act of 2012 — extending the payroll tax cut and emergency jobless benefits through the end of the year.