Oregon Comcast Late Fee Class Action Lawsuit

For those who think that the wheels of (in)justice (as the case may be) grind slowly, here’s an example. (And for those of you with small children in your lives, think about those bus wheels going round and round, round and round, round and round, …. For the rest of us, think of Jarndyce vs. Jardyce or sometimes this, where wisdom and mirth meet.)

From: Portland Oregon Personal Injury and Class Action blog: Oregon Comcast Late Fee Class Action Certified

Excerpt: “No one said it would be quick or easy, and no one was right on both counts.

We’ve finally gotten an order entered certifying a class action in Martin v. Comcast. It’s an Oregon class action in which the class claims that Comcast illegally charged TV cable service late fees in Oregon.

Here is the link to the order for those who collect such things: Martin v. Comcast Oregon order certifying class action

We filed the case in 2004. We’ve been up and back to the Oregon Court of Appeals. Now that the class is certified, it’s time to push forward….” (link to full post)

Think, Research, Listen, Speak: Cesar Chavez is a State Holiday Today, Somewhere

Forget Eat, Pray, Love or Animal, Vegetable, Miracle. My mantra is fast becoming:

Think, Research, Listen, Speak.

The arguments, legal, profound, profane, insane, in Portland, Oregon over naming a street after Cesar Chavez reminds me how quickly many of us are to speak (or comment on blogs) before doing the research. Most important issues in life, whether personal, professional, legal or culinary, are not simple (see, e.g., Jonah Leher’s, How We Decide).

In California (and at least 7 other states), Cesar Chavez Day is a state holiday today. To get to holiday status, one must argue the point, seemingly endlessly, but eventually the Legislature and the Governor have to decide. And sometimes one then pushes on to National Holiday status.

In Portland, Oregon, street naming, there is a procedure, but that is only a starting point (or a middle point). Where it all ends isn’t clear, but it would help if people didn’t hurry, or speak, or shout so much, so fast, before they: Think, research, listen, speak.

A Lease of Your Own: Renting a Room in Someone’s Oregon Home

Welcoming a renter into your home is a serious matter, whether that person is a friend, family member, or stranger. Becoming a tenant in someone’s home is equally serious. Make sure there is a lease.

Do you want to draft a Lease of Your Own?

1) There are "fill in the blank" forms, online and in print, but ... there is no such thing as a free lunch, nor a Get Rid of a Bad Tenant (or escape a bad landlord) Free card. Use the online forms, but Caveat Emptor - and read on ….

2) Make sure you read about Oregon landlord-tenant law, Oregon Revised Statutes (ORS). The Residential Landlord-Tenant Act (RLTA) is a complex tangle of rights, obligations, and protections.

3) Both the Oregon State Bar (OSB) and Legal Aid Service of Oregon (LASO) have useful information at their websites.

4) There are lots of print materials about Oregon landlord-tenant law, but very few of the most useful ones are online. The print resources include “Landlord-Tenant Rights in Oregon,” by Janay Haas, and others, but you will still need to update these by reading the current ORS RLTA (Residential Landlord and Tenant Act).

5) If you are a landlord and want to draft your own lease, please, consult an attorney, please, please, please, even if only for document review, especially if your eyes cross while reading about landlord-tenant law. There are many attorneys who would do the work for a modest cost - or barter. It is worth it every single penny. If you don’t have an attorney who knows landlord-tenant law, contact the Oregon State Bar (OSB) Information and Referral Service. (And here is my How to Find a Lawyer Guide.)

6) Word to the wise (and the arrogant): I know my way around a law library and I WOULD CONSULT AN ATTORNEY, especially before letting someone, anyone, move into a house I own. I don't care if it's your mother, your favorite uncle, or your best friend. I see too many people after the fact, trying to fix landlord-tenant problems that are now costing them a whole lot of money, on attorneys (or on repairs, on lost rent), because they didn't listen to me and tried to take short cuts at the front end.

Of course, you don’t have to listen to me, but, I guarantee you, I’ll have the last words: I told you so.

Model COBRA Subsidy Notices

The World of Work blog has a post on Model COBRA Subsidy Notices, and links to relevant DOL websites. This is part of the American Recovery and Reinvestment Act of 2009 (ARRA) (see also from Recovery dot gov).

Book: "Law and Magic"

Some law books just look as if they’d be more fun to read than others:

Law and Magic, by Christine A. Corcos

“…Topics include alchemy in fifteenth-century England, a discussion of how a courtroom is like a magic show, stage hypnotism and the law, Scottish witchcraft trials in the eighteenth century, the question of whether stage magicians can look to intellectual property to protect their rights, tarot card readings and the First Amendment, and an analysis of whether a magician can be qualified as an expert witness under the Federal Rules of Evidence…” (link to publisher website)

Or would you rather read the one I saw many years ago in a law library far, far away. The dedication said, “for Betsy,” and some wag had penciled in, “poor Betsy.”

Oregon Power of Attorney “Form”

Public law librarians frequently (sometimes it seems daily) get the question: Where can I find a Power of Attorney form (and preferably one online)?

Please don’t try to short circuit this important, critical, legal protection. Here’s a sample response to the question:

I don’t meant to sound lawyerly or librarian-ly(?), but it depends on what you mean by “standard form,” what kind of power is being granted, who the parties are, what state everyone lives in, etc.

This is serious business and I really, really discourage you from going Online, Finding a Form, Filling it Out (or In), and Thinking All Is Right With the World.

IT’S NOT.

This is not to say you can’t do a little, or a lot, of reading yourself about powers of attorney and on what to expect when talking to a lawyer about preparing a power of attorney. You can, but please, before thinking you can sleep peacefully at night since you signed that Power of Attorney, think again. You shouldn’t be able to sleep at night, unless you talk to a Real Attorney about that Power of Attorney.

Keep in mind also that filling out a Power of Attorney “form” may not be enough to protect your rights, or your family’s rights. For example, not every power of attorney or other delegation of legal authority needs to be recorded, but it is extremely smart to consult an attorney to find out if the document in your possession and if the specific parties involved need to take any action beyond signing and notarizing the form, deciding where to keep it and who should have copies of it.

If you don't have an attorney you have already consulted about family legal matters (and if there is a power of attorney on the horizon, there well may be other legal issues to address), I recommend you start with the Oregon State Bar (OSB) website.

Consulting an attorney may be as simple as calling the Oregon State Bar’s (OSB) Referral and Information Service, at 503-684-3763, and asking them. They are able to refer you to a private attorney if it seems appropriate in your situation that you should consult one. You may also email your question to OSB from their home page.

They also have online information about Powers of Attorney. Type “powers of attorney” into the search box in the upper right hand corner of their website to link to their online brochure on Powers of Attorney and Other Decision Making Tools.

If you want more information about powers of attorney, many libraries and bookstores will have a copy of a self-help legal book called, Power of Attorney Handbook (Sphinx Press). This book is not Oregon-specific, but will give you important information about protecting your legal rights. It too will tell you, please consult an attorney!

GPO Access Migration to FDsys

Gallagher Blogs reports on the migration of federal information from GPO Access to FDsys:

“You might already be familiar with GPO Access, the website of the U.S. Government Printing Office, which provides free electronic access to the official documents of all three branches of the federal government. Documents available on GPO Access include the U.S. Code, congressional bills, legislative history documents, Supreme Court decisions, budgets, and reports.

On January 19, 2009, the GPO publicly launched its next-generation digital information system, FDsys, and started moving the documents on GPO Access to FDSys….” (link to full post)

There is other useful legal research info at Gallagher Blogs, not just law school news, so check it out.

Pro Se (self-represented) Litigant Service in California, Washington, and Oregon

Our neighbors to the north (Washington) and south (California) are often a step or two ahead of us when it comes to legal information and legal service to the people. (We are ahead in other ways (and don't fare too poorly on the free legal service front), so please don’t read this post as anything but Legal Research News - it’s not an arms race.)

1) In Washington State, their Supreme Court is “being blogged,” to be distinguished from blogging themselves. This may make for a more interesting blog, though not necessarily more useful - only time will tell:

See stories at King County Law Library blog, which links to the Trial Ad Notes blog, which links, whew, to the Supreme Court of Washington Blog.

2) In California, the county law library system is useful to all, due to the efforts of many in the legal community who recognize that law libraries have a role to play in the Access to Justice …

Another sign of tough times: legal aid for the middle class, Among the resources available to the newly cash-strapped are online services, self-help centers and lawyers who offer group rates, by Carol J. Williams, March 10, 2009 (from the Los Angeles Times):

“Richard Massey's suburban Anaheim home was valued at $700,000 two years ago when the bills for his cancer surgery came due and he had to tap the equity to pay them.

The cosmetics company executive had lost his job and health insurance just before getting ill -- the start of a run of bad luck that accelerated with the real estate meltdown and has left the 50-year-old and his disabled wife facing eviction from their foreclosed home.

Long comfortably ensconced in the proud community of the self-reliant, Massey was unaware that free or low-cost legal help is available for the mounting middle-class casualties of the recession.

Had he known about the online guidance, legal self-help centers or community lawyers offering their services at group rates, he might have avoided being scammed by a fraudulent foreclosure rescue business that took his last borrowed money.

As millions of Americans live through their own nightmare versions of "Trading Places," they are being confronted with legal problems compounding their fallen fortunes. An estimated 60% of Americans find themselves in the gap between those poor enough to qualify for publicly funded Legal Aid and those wealthy enough to afford an uptown lawyer….

Fortunately for the newly downgraded, the access-to-justice movement has advanced in recent years from Skid Row to Main Street.

At storefront law offices like Santa Monica's LegalGrind, a cafe-legal clearinghouse, those facing court dates to deal with divorce, custody matters, driving offenses and debt can find out for $45 how best to tackle their problems without plunking down a $5,000 retainer and $400 an hour for a lawyer.

Bar associations in California and a dozen other states, meanwhile, have whittled away at the ethics rules and industry mind-set that used to discourage attorneys from taking clients on a "limited scope" basis. This involves representing them on specific aspects without taking responsibility -- and charging fees -- for the client's full range of legal problems.

In every county of California, court documents and tutorials for completing them are available online. If citizens prepare their paperwork properly, overwhelmed judges can keep their daily crush of cases flowing more smoothly.

Efforts to marry do-it-yourself legal software and free or low-cost guidebooks with just the right degree of paid counsel are being spearheaded nationwide by the American Bar Assn. and fitted to local needs by lawyers and professional groups stepping up to meet the exploding demand.” (link to full story)

Links to Oregon legal self-help information can be found at the OSB, the OJD, LASO, and at your county law library.

Resources for Homeless Veterans in Oregon

The Outreach and Referral System for Veterans will be expanding in Washington County, Oregon.

"Currently, all Veterans in our community can access VA benefits, services and assistance in completing discharge documentation (Form 214) through the Washington County Disability, Aging and Veteran Services (503-846-3060) and access employment training and resources through the Veterans Employment Representative (503-681-0219) at Worksource Oregon Employment Division.

A new component to helping homeless veterans in our community is a mobile Veteran Outreach Van that will provide resources (e.g. clothing, etc.) and referral to shelter/housing programs and the VA Medical Center. The U.S. Department of Veterans Affairs hosts the Veteran Outreach Van scheduled to be in Washington County. See attached flyer for details.

The mobile Veteran Outreach Van will be in Washington County on:
Friday, March 27, 2009, 10 a.m. to 1 p.m.

In the parking lot near Worksource Oregon Employment Department, 265 SE Oak Street, Hillsboro

* The mobile Veteran Outreach Van will return to Washington County on the 2nd and 4th Friday of each month, same location and time."

More information about the Washington County (Oregon) 10 Year Plan to End Homelessness.

Guides to Free and Low-Cost Legal Research Tools

Law school libraries are excellent sources of legal research guides. You can find many of them with a quick Google search using your topic keyword and then simply adding the words “research guide.” Another useful search word is “pathfinder.”

This Guide to Free and Low-cost Legal Research is from Georgetown Law Library.

As you might imagine, law library associations are another source of excellent guides, and our D.C. law librarian colleagues are a wonderful source, as you might suspect, for federal law research guides. for example, see their recently updated:

LLSDC's LEGISLATIVE SOURCE BOOK

More Free Oregon Legal Information

This class for Landlords only: Landlord Study Hall 2009

Previous Oregon Legal Research blog posts about free Oregon legal information, here and here and here.

(And for those of you of a certain age or of a certain frame of mind, remember Abbie Hoffman’s Steal This Book, which, of course you can find free on the web.)

Underwater Logging Laws in Oregon

If public law librarians had a motto, it might be:

We don't make it easy, but we try to make it possible.

This underwater logging reference question came to us (the 3 Oregon county law librarians who answer email legal reference questions for L-net, the online Oregon Statewide Reference Service). My Lane County Law Librarian counterpart crafted a masterful response and I thought it would be worth posting (and it is edited to protect the innocent).

The question was about laws and regulations governing underwater logging, who has rights to logs, what kinds of permits are required, etc.

The response will also give you some idea of what public law librarians are up to (and against). Here's an edited version of the answer provided to the library patron:

“I am a librarian, not an attorney, and therefore can’t provide legal advice. I can provide some links for you to various online information resources. You will want to consult with an attorney about “permits” or ownership/property rights.

You asked several questions and the best answer to all of them is “it depends”. Underwater logging is not a common enterprise, although there is at least one company that handles this in Oregon; here is a link to an article about their operation, taken from the Native Forest Council news web site:
http://www.forestnet.com/timberwest/archives/Jan_Feb_06/harvesting_sunke...

This particular operator is apparently based in Oregon, but there was little information in this article about where or how he obtained permission to salvage old-growth timber from the Columbia River. However, the article does point out that sunken logs can be branded or labeled as the property of the company which originally logged them (then lost them when these sank on the way to a mill).

But there are other types of operations which “log” underwater, including several companies in Canada, some of which “harvest” submerged trees from lakes, etc. However, the most common type of underwater logging appears to be by companies that salvage sunken logs from rivers and public waterways. And this may mean that business owners that operate on rivers or even near state parks, etc., should consult with an attorney or with other underwater logging operators about state or local restrictions on operating a business on a public waterway. As for issues of found-log ownership, you should also speak with an attorney or state official about the difference between “salvage” and “find” as a matter of law and public policy.

The State of Oregon maintains a central web site for information on licensing and permits for types of businesses and activities. While this does not cover ALL possibilities, you might check this site out:

http://licenseinfo.oregon.gov/ (you can do keyword searching here, so “logging” and “rivers” would some terms you might consider. There is also a page which deals with “water-related projects.”

Also the Oregon Department of State Lands maintains a web site on “public ownership of submerged or submersible lands”, which you can find here:
http://www.oregon.gov/DSL/NAV/whoownsthewaterways.shtml

This department also has regulations about special uses for state-owned land; these can be found in the Oregon Administrative Rules (OAR) available online at the Secretary of State’s web site. Or you can link to these directly from the menu on the page noted above, by clicking on Regulations, then scrolling down the list of regulations to Division 82 and Division 125 (this means that these particular rules can be found in the OARs under chapter 141 then under the division # and a subpart.)

These may or may not be all of the regulations needed, since there may be other considerations involved, including environmental ones. However, these rules specifically mention that they are applicable to “removal of sunken logs, woody debris and abandoned pilings for their commercial value”. These also mention compensation, etc. due to the Department, and that these special uses may be subject to public auction or bid.

And since there may be environmental issues associated with salvaging logs from rivers or lakes (i.e., due to habitat issues, or surrounding industrial uses, or even just adjoining private lands), there may be some additional “permissions” or permits necessary.

The Department of Environmental Quality also maintains a web page which lists statutes and regulations on water quality issues in Oregon, You can find that here:
http://www.deq.state.or.us/regulations/statutes.htm

And while you’re researching this issue, don’t forget there are plenty of federal regulations and forest management practices in addition to state laws. Look for salvage laws and the law of finds. There are also a lot of blogs out there for the logging industry and these issues are discussed there too.

I don’t know if any of these sources will totally answer your questions, and frankly they are not really questions that can be answered with any specificity. If you are asking because of a business venture that you are considering, then you should consider doing more research on this yourself at a larger public law library, or even better, consult with an attorney who would be versed in environmental issues and in issues involving salvage. The Oregon State Bar maintains a lawyer referral service which you can find on their web site at:
http://www.osbar.org/public

And if this question was prompted by a recent History Channel program on underwater logging, there has been some public news follow-up information about that episode, involving a Washington State situation. Here is a link to the Seattle Times on line article on this particular case:
http://seattletimes.nwsource.com/html/localnews/2008857779_axmen14m.html

100 Uses for Pocket U.S. Constitutions

I frequently get calls from people looking for U.S. pocket constitutions and I happily refer them to our various sources, including this one, which is having a sale!

But it occurred to me that I should start a 100 Uses for Pocket U.S. Constitutions list. Here goes:

1) To hand out to law library patrons on Constitution Day.
2) To pass around to public-transit mates when we start talking about the 17th Amendment (election of Senators) and other heavy subjects. (And see also #7, below.)
3) Gifts on special occasions or for special people who appreciate such things
4) A book group “book” (research guides about the U.S. Constitution?)
5) A book-group prop when reading a history or political science book (I took a stack of them for everyone when we read Kafka Comes to America.)
6) Stocking stuffers (and this doesn't just have to be for Christmas :-)
7) Peace Out, Dawg offerings when riding public transit (it’s hard to get mad at someone who’s handing you a free pocket U.S. Constitution!)
8) Luggage stuffers. I always put one in my suitcase, on top, before I close the lid. It's not prohibited, is it?
9) When a law library patrons asks, "can you sign away your Constitutional rights?"
10) As a handout when I teach a class to paralegals.
11) To hand out to the first 10 librarians who attend the inaugural business meeting of the recently formed Oregon Library Association (OLA) Legal Reference Round Table during the OLA Annual Meeting.
12) ...

Uh ... :-P

Maybe I should not aim for 100 uses. But give me time. I might be able to make it to 20.

Oregon Legislative Summaries from Previous Sessions

In our continued exploration of the Oregon Legislature, in particular the information on their website, don’t forget the Committee Services webpages. Click on Committee Services Publications for, among other things, previous session summaries. You can find full session publications or view these reports section by section, e.g. 2008 Judiciary.

These and other useful publications are from the Legislative Administration Services Committee Office. (I last blogged about them when reporting on the demise of the legislative minutes.)

Lawyers, and their clients, and law librarians, live in the present, future, and especially in the past - seriously. There is a reason we need to keep superseded laws, regulations, and rules in our libraries, many of which are "out of print" and not online, so we are thrilled to see “retrospective conversion” digitization projects going on.

Recent posts on other aspects of the legislative process here and here.

Foreclosure Rescue Scams (and a fake HUD Website)

The Oregon State Bar (OSB), Winter 2009 issue of the Debtor-Creditor Section newsletter (online only to section members) has a sobering article by Oregon attorney Terrance J. Slominski:

“Foreclosure Rescuers: Good Samaritans or Scam Artists?” with a description of 4 categories of foreclosure scams, including: Sale-Leasback, Equity Stripping, Loan Modification, and Stealing the Home.

These sound harmless enough, don’t they? Beware. Please talk to an attorney who is qualified and experienced in creditor-debtor matters if you have serious financial problems.

Also, a recent fake HUD (U.S. Dept of Housing and Urban Development) website appeared, as a phishing expedition, and you can be sure it will be back, in different clothing. The fake website was: http://bailout dot hud-gov dot us

Don’t Click On Links in Email Messages, unless you can trust the source - and no, no, no - email messages forwarded from your mother and “best friends” are NOT trusted sources of email links, unless they are to baby pictures, and I'm not sure about those either (trusting soul, aren't I?)

And, because just about everything reminds me of a book or a joke, speaking of scams and schemes, remember Arthur Leff’s classic “Swindling and Selling” (here’s a review), which is no longer in print, sadly, so second-hand copies are getting expensive (see, e.g. alibris and amazon).

Airbags on Airplanes: Brace Yourself

We ask a lot of that airplane seatback in front of us. It has to be a tray, a TV, as far away as possible (and not sticky), and now it might soon contain an airbag.

Here’s a story from the always interesting Popular Mechanics website: Airbags on Planes: Will a New FAA Regulation Pave the Way for Airbag Seatbelts, March 12, 2009.

Here are some related FDA documents on airplane cabin safety, Fact Sheet and the 2005 regulation. There is a lot more out there, so go forth and research. One day that seatback will connect us to a Web browser, but use your headphones, please.

A Day for (Oregon) Grandparents Raising Grandchildren

In Washington County (Oregon), April 2, 2009:

‘Day for Grandparents Raising Grandchildren: 37,536 Oregon children live with their grandparents

"In Oregon, over 20,000 grandparents have stepped forward to raise children because their parents struggle with drug and alcohol abuse, incarceration, HIV/AIDS, mental illness, domestic violence, divorce, unemployment or military deployment," notes Deborah Letourneau, Program Coordinator for Washington County's Family Caregiver Support Program of Disability, Aging and Veteran Services.

Letourneau is announcing the agency's first annual day-long event for grandparents, "Grandparents Raising Grandchildren: A Day for You."

The activities will be held on Thursday, April 2, 2009, from 9:30 a.m. to 2:30 p.m. at Beaverton Foursquare Church, 13565 SW Walker Road in Beaverton.

"We wanted to provide a relaxed event – we'll have free chair massages – while providing top-rate speakers and a resource fair. And the event, including lunch, is free!" …’ (link to full media release)

This, 20,000 grandparents, is a large number in a small state (from a population standpoint), but you can compare with other states.

County law libraries get many questions from grandparents, about adoption, about powers of attorney, about their grandchildren’s health care benefits, and more.

These are tough issues, many (most!) requiring consulting an attorney. If you want to do a little research beforehand, you can ask at your county law library.

Oregon Local Court Rules

One day I'm going to blog about the Good, the Bad, and the Ugly of legal research, though I'll put it more in terms of the Expensive, the Impossible, and the Obscure. For now, I'll limit myself to writing about The Boring, but Necessary: Court Rules (which have nothing to do with the popular saying, "Librarians Rule" :-)

Court Rules run the gamut from the statewide Oregon Rules of Civil Procedure and Uniform Trial Court Rules and more, all of which you can find at the Oregon Judicial Department (OJD) website, under Court Rules.

There are also local court rules, which include the Supplementary Local Rules (SLRs) and General Orders. The SLRs can be found at your Circuit Court’s website.

General Orders (GOs) are harder to find - they are also, like SLRs, specific to a particular court. Lawyers and litigants can ask to see them in their Circuit Court Administrator’s office and possibly in the Courthouse file room or clerk’s offices. Some of the Circuit Courts are starting to put GOs up on their websites. (We have a PDF collection of GOs back to the 1970’s - thank to our Washington County Circuit Court Administrator!)

Justice Court rules are another matter entirely: “Justice court is held by a justice of the peace within the district for which he or she is elected. The county commissioners have power to establish justice court district boundaries. The justice of the peace is a remnant of territorial days when each precinct of the state was entitled to a justice court. Thirty justice courts currently administer justice in 19 counties….” There is a guide to county and municipal courts and judges in Oregon.

Oregon Constitutional Convention or Task Force?

A 2009 HB 2620 to rewrite the Oregon Constitution has been introduced, by Representative Chuck Riley:

A summary from the Legislature (html or pdf):

“Provides for constitutional convention in 2011. Establishes qualifications for delegates, number of delegates and manner of electing delegates. Requires that chairperson of convention certify proposed Constitution to Secretary of State no later than August 26, 2011. Requires that Secretary of State submit proposed constitution to people for approval or rejection at special election to be held on November 8, 2011.

Creates Constitutional Commission to make recommendations to constitutional convention and serve as resource for advice and consultation to constitutional convention.

Refers Act to people for their approval or rejection at next regular general election.”

An Oregonlive story about it: Rewrite this: Lawmaker calls for new state constitution, by Harry Esteve, The Oregonian March 16, 2009:

Excerpt: “SALEM - Oregon's constitution, adopted back when people wore buckskins and breeches, has gotten bloated and confusing and should be rewritten from scratch, a Washington County lawmaker testified today.

Rep. Chuck Riley, D-Hillsboro, has called for a full-blown constitutional convention to come up with a new manuscript to underpin the state's laws and governmental make-up….
…
Riley got backing from Willamette University law professor Norman Williams, who said the state constitution "gradually is becoming unwieldy" and is due for some modernization. But it doesn't have to be done at a convention, which would require several elections and cost millions of dollars.

Instead, the Legislature could appoint a commission to draw up a new document, which would then be approved by lawmakers before being sent out for a statewide vote.

That approach didn't get much further with the committee.

"What you're proposing, sir, if I understand you correctly," said Rep. Vicki Berger, R-Salem, "is the mother of all task forces."

Well, yes, Williams replied.” (link to full article)

Oregon Revised Statutes (ORS): New, Free, Legal Research Database

Give a big welcome to a (relatively) new entrant in the Oregon legal research database field of players: Oregon Laws dot org. It’s a legal research database designed and powered by law students (our future!). I like it so far - and its associated blog too.

The owners solicit feedback, which I’m sure they’ll get from law librarians on issues of authentication, PURLs, archives, and more - oh my (law librarians always have something to say, and we’re always glad to see new entries into the Legal Information to the Public arena).

Lawyers might have other things to add, including our friends at PLoL and Justia and Public Resource, all very public spirited, like librarians.

Starting a Business in Oregon

We meet a lot of people who want to start a business but don’t know where to begin. Entrepreneurs with great ideas don’t always have good business sense, but they can acquire it (usually) - or find business partners who have it.

Before you plonk down the first month's rent on a store front, or invest in any alleged money-making endeavor (especially if it eats), read the Starting a Business guides from the Oregon Corporation Division.

Other business start-up websites that are sometimes overlooked include ones you can find or link to from these:

1) Public library websites, e.g. Washington County or Multnomah County, with a link to their Small Business Incubator and Business dot gov. There are probably more books written about small business, starting a business, or running a business than are written about any other subject, so take your time and find the one(s) that is right for you. And, don't forget that Business Plan!

2) Small Business Legal Clinic (I'll be first in line to recommend you consult an attorney before setting up shop. No matter what type of business you create, there will be legal issues and it is always wise to think about them from the beginning than having to fix problems later down the road.)

3) Small Business Administration

Authors and Lawyers and “Book” Contracts

Owning the copyright is not enough. You have to protect it.

If you write books and publish them, in paper or online, through a publisher or by yourself, you need to learn how to protect your copyright interests. Let your imagination be your guide. Who would have envisioned these events? Don't leave it to the science fiction and fantasy writers to imagine life, and publishing, in the future.

1) Google Book Settlement (See also the Guide for the Perplexed and posts at Library Law, here and here , click on googlebooksettlement in the Library Copyright cloud or at the ALA GBS site.)

2) Kindle 2 Text-Speech (see also NYT story, February 27, 2009, Amazon Backs Off Text-to-Speech Feature in Kindle, by Brad Stone)

If you write and publish, make sure you consult with a writers’ group that has people who could link you up with an attorney who knows the publishing business and contracts.

But don't forget Open Source and Creative Commons options, too.

Oregon Landlord Training

The Portland metro-area Landlord Training has set its Spring 2009 class dates. This is 8-hours of specialized training - and it’s free!

Excerpt: “Program Information: Since 1989, this nationally recognized program has taught over 13000 Portland-area owners and managers how to keep illegal activity out of rentals, maintain property in compliance with City maintenance regulations, and partner with City services/programs both to provide habitable housing and protect their residential property investment.

This program is constantly updated to current laws and issues, and has been adopted by over 400 cities and counties across the nation. The content of the course reflects in-depth research with organizations and individuals in police work, housing maintenance, property management, law, and public housing.

The Workshop focuses on keeping rental properties safe of free and illegal activity by training landlords in effective property management, and techniques for dealing with illegal activities by tenants….” (link to full announcement)

Oregon Courts Remain Open on Fridays (except for March 13)

Update: In case you haven’t heard (anyone?), the Oregon Courts will remain open on Fridays, except for Friday, March 13th, 2009. Stories about this are at all news outlets, radio, TV, newspaper, and online.

See the Legislature's press release about this good news.

This good news also means regular access to county law libraries located in courthouses. Those of us not located in courthouses had planned to stay open despite the other closings.

(The "bad" news is that when the courthouses were to be closed on Fridays we were going to host at my Law Library marriages performed by our judges. Now they all will be back at the Courthouse, instead of our having the pleasure of being visited by happy people!)

Don’t Treat Your Lawyer Like a Button

The very funny title leads into a very, very interesting blog post from BlawgIT. I love it also because it ties in with what law librarians say all the time:

Don't Treat Your Law Librarian Like a Lawyer! Law librarians know and teach legal research. If you have a legal problem, ask a law librarian how to research it. If you want a solution to your legal problem, hire a lawyer!

But hear it from a lawyer:

Don’t Treat Your Lawyer Like a Button

“… While the “I don’t need a receipt for my doughnut” mentality is fine for most transactions, it is not the best way to find the best lawyer for you. You want the relationship. Unfortunately, it is a little more difficult to find a lawyer with whom you can develop a relationship with, than randomly picking names out of the phonebook.

When I provide a referral to another lawyer, I typically provide multiple names. All of them can do the job, but I advise the clients to interview each of them and select the lawyer with whom they feel most comfortable. If they like the lawyer, and the lawyer likes them, there is a far greater chance the discussions will be more open and fruitful. As the relationship develops, the lawyer learns subtleties about the client’s means and goals which will help tailor the legal work to that particular client….

Good lawyers are not buttons. They are advisers, defenders, mediators and most importantly, people. If you go looking for a button to bypass these benefits, you risk losing the most important aspect of the attorney/client relationship….” (read full post)

(And, here is my guide on How to Find a Lawyer.)

(Thanks to Jim Calloway, who linked to another post by Brent Trout, which made me want to read his other posts.)

Two (maybe 3!) More FREE Legal Research Databases

A post at the King County Law Library blog reminded me to update my own sidebar list of “Legal Research - Free” list with ALSO -- see Legal Resources On-line: Check This Out:

“American Law Sources on-Line (ALSO) provides free legal resources online. This website includes information about law libraries, federal courts, bar associations, legal forms, and government websites….” (from KCLL Klues)

At WisBlawg, Bonnie talks about Archival Case Law Free with FindACase. The fine print isn’t necessarily a deal breaker, but you have to decide that.

(And I've just heard about another free legal database, this one of the Oregon Revised Statutes, but will blog about it in a separate post when I've tried it out a bit more: Oregonlaws dot org.)

Access to Justice in Oregon (with an antipasto of Firefighters and Drug Courts)

Two news articles that ran this week in the Oregonian shared a theme that I wish would carry through to another story I’ll tell in a separate blog post. Before getting to that, I’m talking about these two stories:

1) Multnomah County's drug court faces budget ax, by Aimee Green, The Oregonian, Tuesday March 10, 2009

“A county department that funds a world-recognized drug rehabilitation program is offering to sacrifice it to help balance Multnomah County's budget.

Officials come from across the nation and around the globe to learn from the county's Sanctions Treatment Opportunity Progress court program -- the second-oldest of nearly 2,000 drug courts in the United States -- yet county officials say their funding outlook next fiscal year is so dire they must cut somewhere….” (read full article)

2) Tualatin Valley Fire & Rescue adapting aggressively to changes, by Eric Mortenson, The Oregonian, Thursday March 12, 2009

“… Emergency response planners know the region's growth wave could swamp them. One agency, seeing that it will be hard-pressed to cover the fast-growing cities and suburbs of Washington County, is jumping to sustainable ground.

Tom Clemo, Tualatin Valley Fire & Rescue's chief of staff, was touring the Oregon Department of Transportation's operations center in downtown Portland last summer when the aha! moment happened. TVF&R handles 32,000 emergency calls a year. It is the state's second-largest department, behind Portland, and covers 210 square miles….” (read full story)

These are fascinating stories for a number of reasons, though for the moment I ask you to leave aside the fact that in some countries, these jobs are handled by or with the public health care system. In the U.S. fire departments and courts do these things. It is logical in some respects, for us. The health care system is not doing these jobs, the jails cannot do them. Fire departments have managed emergency transport services and tendered immediate on-location first aid for decades (centuries?). Courts and D.A.s and all others connected with the revolving courthouse and jail doors for drug and alcohol addicts are tired of waiting for others to come up with solutions.

The TVF&R team and the Drug Court innovators both, have also masterfully navigated an extraordinarily complex organizational, public relations, and management journey involving many people, government and private entities, competing and complimentary interests, and seemingly have done so with good humor and energy and ideas remaining for the days ahead.

We could go on for a long time about the dynamics of these two successful initiatives, and I haven’t even mentioned the amount of money and lives saved, but will instead make the beginning of a case for doing the same thing in the Equal Access to Justice community, in which public law libraries play a pivotal yet virtually invisible role.

Several months ago I proposed to a group of public law librarians and counsel to the Interim Judiciary Committee that the Oregon Legislature appoint an Oregon public law library task force, with the following goals. It was a rough draft and mean primarily as a starting point for further discussion:

1) Oregon public law libraries will become active partners with statewide legal service providers to explore and develop types of cooperative agreements that will lead to reduced costs and an increase in legal assistance to all Oregonians.

2) Task force members will identify any other statewide access to justice initiatives that could be developed by encouraging representatives from the following entities to work together to improve the delivery of legal services, through sharing resources (physical and digital, i.e. books and databases) and other cooperative agreements.

3) Task force members will identify specific actions through which cost savings can be achieved, through the formation of a database licensing consortium among the county law libraries or any other method of streamlining the purchase and delivery of online legal research database service to members of the Oregon State Bar, to pro se litigants, and to all county law libraries.

The partners I have in mind include these:

1) Oregon State Bar (OSB) (including the Lawyer’s Campaign for Equal Justice)
2) OSB Debtor-Creditor, Consumer Law, and Sole and Small Law Firm Practitioner Sections
3) Legal Aid Services of Oregon (LASO)
4) Oregon State Law Library
5) Oregon Judicial Department
6) Oregon Council of County Law Libraries (OCCLL) (2 county law library representatives, at least one of whom will be from a small/rural county law library)
7) Law School Libraries
8) Association of Oregon Counties (AOC
9) State Law Library (many people take their legal problems to their public libraries)
10) At least one member of the non-attorney public, perhaps someone who has been a pro se litigant

I’ll write more about this in coming days.

Public Sector, and Public Servant, Blogging and Blogosphere Issues

I’ve been talking a lot lately with others about public sector blogging and I thought it might be useful to start posting about the issue.

(And, some of the best, and most productive, discussions I’ve had have been with the people at the Multnomah County Library who drafted these: a) Social Software Policy for Multnomah County Library Users and b) Blog Comment Guidelines)

Blogging issues that arise in the Public Sector World include technological, budget, practical, policy, politics, and literary ones, and, of course, legal questions and puzzles. I’m sure there are others, but one has to start somewhere.

In a nutshell:

1) Technology: In the public sector, hardware and software are generally pack horse quality, rather than race horse or even cross-country runner (or cyclocross :-) -- that is, the word nimble rarely comes to mind when talking about most large public entities.

2) Budget: Money, money, money. It costs money to experiment, to organize social networking at an public organizational scale (rather than you going out and buying yourself a netbook or new phone and twittering away).

3) Practical: Many government entities, especially in small and medium size jurisdictions, are extremely lean operations and everyone is already multi-tasking. Something has to give if any staff person is to start blogging or if public meetings must add online service to their real-time, in-person, and public TV appearances. Who blogs, when, how, and what, who monitors the blog, when, how, and what, who does the training, who is on the helpdesk, etc.

4) Policy: I should probably use the word Policies, because, everything in the public sector requires a Policy, to make sure all is fair, honest, open, and consistent. Someone has to write it and many people need to be included, lawyers who know local government law, elected officials, front line staff, tech staff, and the public, for whom this is being done.

5) Politics: This is always present. Why do you think they are called Politicians? This is just a fact, not a matter of Right, Wrong, Good, or Bad.

6) Literary: blogs and other social network communications should be well-written, but public sector blogs also need to be politically, socially, and other "ally"-neutral, which can be the kiss of death to some writing. But even a public servant can develop a Writer's Voice that is appealing, if also instructive, fair, and trustworthy.

7) Legal: First Amendment issues come to mind first, and limited public forums, but there are others I am sure.

Two Librarian resources

1) Library Law Blog

2) The Oregon Library Association (OLA) 2009 Annual Meeting will host this program:

Panic in the Blogosphere?--The Library, Social Software and the First Amendment
Cindy Gibbon Multnomah County Library, Arlene Keller Multnomah County Library, Bernadette Nunley Multnomah County
Fri. April 3 8:00 AM - 10:00 AM in Santiam 2
Burgeoning use of social software in the library world begs some important questions. What are the implications of creating a public forum on the library web site? What guidance should we provide to staff members who are posting on library time and in the library's name? Many libraries have either ignored these questions or have opted out of using social software because they aren't sure of the answers. This program will explore the legal and policy implications of using social software in libraries. We'll provide practical guidance for creating public and staff policies and guidelines for the use of social software that can protect your library from thorny personnel issues and knotty legal problems. Specific topics will include: defining a limited public forum based on your library's mission; First Amendment rights and user comments; and the rights and responsibilities of staff contributors. PLD/Intellectual Freedom

Sheriff or Police Search and Seizure Inventories

We are occasionally asked if we have police or sheriff’s inventory checklists of property seized. I suppose some libraries somewhere have printed checklists, but for the most part the general research rule is:

Each jurisdiction has its own procedure and you usually need to look in the code (the city code, county code, state police regulations, etc.). It is still important to look at the ORS and the OAR, just in case, and some local codes will refer back to these statewide codes.

For example, in the Washington County (Oregon) Code index (which is online), you find:

PROPERTY:
Inventory, impounded vehicle, person in police custody
Definitions 9.12.020
Purpose of provisions 9.12.010
Requirements
Impounded vehicle 9.12.030
Person in police custody 9.12.040

Foreclosure Prevention Event at the Memorial Coliseum (Oregon)

May 2, 2009: Foreclosure Prevention Event at the Memorial Coliseum (Oregon)

If you haven’t quite grasped the magnitude of the foreclosure problem, notice that this is a foreclosure “event” (not a "meeting," a "presentation," or "seminar," but a foreclosure EVENT) that is being held in the Memorial Coliseum, which has a seating capacity of over 12,000.

Save the Date:
Saturday, May 2
Come to a Foreclosure Prevention Event at the Memorial Coliseum
Sponsored by:
City of Portland
Oregon Department of Consumer & Business Services
Federal Reserve Bank of San Francisco
For more info call (503) 823-3486

Oregon Payroll Deduction Seven-Day Rule

You never know what you might learn when you search the blogs for Oregon legal news. For example, here’s a useful post:

Oregon Employers Should Take Care with Employee Payroll Deductions

There are more, and not just local bloggers (or blawgers if you prefer) commenting on Oregon law. Here is a quick way to search the blawgers who have signed up with this search tool:

1) Go to Justia’s Blawgsearch
2) Type in the word Oregon
3) Click on Sort by Date
4) Voila
5) Repeat every few days

Tracking a Bill through the Oregon Legislature

So, how do you find out if a bill has become a law or where it is in the legislative process?

With the Oregon Legislature in session now, take this opportunity to explore the Legislature’s online resources for bill-tracking. It may be more interesting than you expect!

If this sounds familiar, it is. I’ve blogged several times about the legislative process, most recently here. But the more people who learn about law-making, the more people will participate in the process and the less likely we will have problems like this:

From Powers v. Quigley (SS054925): "... This case requires us to resolve an asserted conflict between ORS 20.080(1), which governs the recovery of attorney fees in tort claims for $5,500 or less, and ORCP 54 E, which limits recovery of attorney fees after a party presents its opponent with an offer of judgment...."

or this, 2007 ORS 87.025, which reads: "Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies. (1) A lien created under ORS 87.010 (2) or (6) and perfected under ORS 87.035 upon any lot or parcel of land shall be preferred to any lien, mortgage or other encumbrance which attached to the land after or was unrecorded at the time of commencement of the improvement...," and read the whole eye-crossing statute if you dare.

Once you know the number of your bill (here and here), then you can watch it as it moves its way through committees, hearings, departments, rewrites, and more.

1) For example, county law libraries are tracking this bill 2009 HB 2813 (as introduced, HTML or PDF):

Summary: “… Establishes disability advocacy fee on filings in circuit and county courts equal to 14 percent of filing fee provided by law, rounded up to next whole dollar. Provides that amounts collected
as fees be paid to organization designated by Governor for purpose of protecting, and advocating for, rights of certain persons with disabilities.

Reduces law library fee in circuit and county courts from 28 percent of filing fee provided by law to 14 percent….” (See here for full text of the bill in HTML or PDF)

2) Bill drafts change as amendments occur, so you will need to keep looking for changes, which will also be posted: Bills and Laws.

3) To find out where the bill has traveled, look up its Measure History, e.g. the House Measure History and the Senate Measure History.

4) Don’t forget to read from here your bill’s Referral Notices, Report Summaries, House and Senate Tables, and Staff Measure Summaries (Fiscal and Revenue Impact Statements).

5) And keep an eye on those Committee activities.

6) You don’t have to go to Salem to watch your elected state officials in action in hearings. You can watch online. This, too, is a lot more interesting than you might think. These are your state’s laws that are being discussed, and your rights and responsibilities.

7) If a bill is passed by both chambers, the House and the Senate, it then heads to the Governor's desk. If the Governor signs it, the bill becomes law and is given an Oregon Law Chapter number and eventually is codified in the Oregon Revised Statutes (ORS) (or not, at the case may be - not all Oregon Laws are codified, but they are still law!).

8) Last, but not least, I always give a plug for the Legislative Liaisons (phone & email at bottom of webpage), who are wonderful. You can telephone them at: 503-986-1000. But be patient during the Legislative Session.

“The price of freedom is eternal vigilance.”

The Greater the Truth the Greater the Libel

A recent case in libel reminded me of the proverb: the greater the truth, the greater the libel

(This proverb/quote has been attributed to Lord Mansfield and others, but also has roots in the doctrines of calumny and detraction, where, in lay terms, it’s worse to say something bad about a person if the thing is true than if it’s untrue, because you can’t retract it without telling a lie. Go ahead and have Google run a search on the words calumny detraction to see more or if you are interested in scholarly research on the subject, visit a law or theological library.)

From Media Law blog: “Think You Know Libel Law? Think Again:

"A bedrock principle of libel law is that truth is an absolute defense. If what you say about someone is true, the person cannot win a libel case against you, even if you defame them. The federal appeals court in Boston put a jackhammer to the bedrock this week. In Noonan v. Staples, it ruled that even a true statement can be subject to a libel lawsuit if it was said with actual malice. In so deciding, the three-judge panel did an about face, reversing its own earlier decision in the same case. You need not be superstitious to appreciate the import of this Friday the 13th ruling. It is the most dangerous libel decision in decades. The decision puts a crack in the bedrock that threatens to undermine free speech….” (read full post)

Justice Bedsworth Speaks His Mind

Visit California Court of Appeal Associate Justice William Bedsworth, at his A Criminal Waste of Space column. You’ll be glad you did - I think.

(Previous links to A Criminal Waste of Space, and archives, are here.)

Fedtime 101: Leveling the Playing Field with Ex-con Coaches (aka jailhouse lawyers)

The incarcerated-wealthy have hard-time coaches - why not everyone else? Say what you will (and I bet there is a lot to say), this story is very interesting, very funny (in a very dark sort of way), and a whole lot provocative. (And, I posted before about a Jailhouse Lawyer’s Manual, but need to update the link to this .)

About to do time? Meet your best pal: Real estate scammers and other first-timers get a crash course in prison survival from enterprising ex-cons, by Mike Anton, February 27, 2009, Los Angeles Times.

Excerpt:

“…. You know I'm not a lawyer, right?" Levine says. He then dispenses some free legal advice: "Have you filed a tort claim? You need to find out who is negligent."

At a time when no job is safe, Levine is among a small but growing number of consultants who are poised to find work in the economic meltdown as prison life coaches to the perpetrators of Ponzi schemes, mortgage scams and financial swindles.

White-collar criminals have long employed coaches to prep them on what to expect when they trade in their designer clothes for institutional khaki. Past students include Martha Stewart (securities fraud), Leona Helmsley (tax evasion) and financier Ivan Boesky (insider trading).

Now a new crop of consultants is using the Web to democratize this rarefied service, reaching out to small-time hustlers who saw the opportunity of a lifetime and seized it, regardless of the consequences.

Among these self-styled gurus are former prison staffers, disbarred lawyers and self-trained former jailhouse lawyers who've hung their shingles on the outside.

"We like to use the phrase 'jailhouse litigator,' " says Levine, 47. "Jailhouse lawyer sounds cheap….” (link to full article)

(Thanks again to Rob T at Law in the News for the lead!)