Law firm Shapiro & Fishman has accused Attorney General Bill McCollum of pre-election grandstanding and “abuse of power” in connection with McCollum’s recent announcement that his office is conducting a foreclosure fraud investigation into that firm and two others.

The allegations are in response to a coordinated investigation announced by McCollum during an Aug. 10 press conference. McCollum said his office is looking at whether the three South Florida firms engaged in unfair and deceptive actions in their handling of foreclosure cases.

The other firms were the Law Offices of Marshall C. Watson in Fort Lauderdale and the Law Offices of David J. Stern, P.A. in Plantation.

The firm’s response came Friday in a motion to quash a subpoena in Palm Beach County Circuit Court.

Armstrong Teasdale LLP announces the arrival of associates Irina Sandler, Lauren Ashley Smith, and Adam R. Wuller.

“The subtle shift in the economy has brought about additional business and afforded us the opportunity to add talent,” said Michael A. Chivell, Armstrong Teasdale’s managing partner. “As we position Armstrong Teasdale as a premier firm in this region, we’ll continue to place a premium on attracting exceptional attorneys in key practice areas.”

Former legal counsel at the affiliate of Emerson Electric in Moscow, Irina Sandler joins the firm’s International practice group and will focus on international trade, import and export controls, Foreign Corrupt Practices Act (FCPA) and antitrust compliance. She earned her LL.M. in Intellectual Property and Technology Law from Washington University School of Law, was an Edmund S. Muskie Graduate Program Fellow at the University of Illinois College of Law, and received her Degree in Law from Russian Law Academy of the Russian Ministry of Justice.

Lauren Ashley Smith, a recent law school graduate, is a member of the firm’s Public Finance and Real Estate, and Financial Services practice groups. Drawing on her research and scholarship in land use, and state and local government law, she will focus on public/private real estate development and municipal finance. Additionally, Smith will assist lenders and other creditors seeking to maximize their recovery against debtors in litigation, liquidation, reorganization, and bankruptcy including all aspects of post-judgment collection efforts. She earned her J.D. from Washington University School of Law and her B.A. from Marquette University.

Adam R. Wuller, also a recent graduate, is a registered patent attorney with the U.S. Patent and Trademark Office and joins the firm’s Intellectual Property practice group. The majority of his work will involve the preparation and prosecution of U.S. and foreign patent applications in a wide range of technical disciplines, including mechanical and medical devices. Wuller received his J.D. from Saint Louis University School of Law and his B.S. in engineering physics from the University of Illinois at Urbana-Champaign.

Nobody disputes that driving under the influence of alcohol is dangerous. In fact, it's one of the most deadly crimes. You won't get any serious arguments from anybody that people should be allowed to drive while impaired. Nobody would dispute that you are far more likely to die at the hands of a DUI driver than at the hands of a serial killer or by gang violence.

The dispute is not about the problem of impaired driving, but rather about what to do about it. Every year, many states increase the jail time, fines and other penalties for DUI offenders. There is little evidence that increased punishment deters impaired driving. In fact, there's no conclusive evidence that suggests that the average would-be drunk driver even considers the penalties before turning on the ignition and hitting the road.

Most state lawmakers increase the penalties because it is politically popular to do so, and it’s the only thing they can think of doing. In most states, the average DUI convict spends no more than a day or two in jail for a first offense, and no longer than a year for a third offense. After that, the states have a tremendous range.

It seems for most offenders, a first, second or third DUI arrest is the wake-up call they need, and very few people get caught more than three times in their lifetime. In states such as Washington that have systems that treat and educate for alcohol and drug issues, there is a ray of hope that recidivism may be reduced. In states such as Arizona, where the focus is on punishment rather than treatment, DWI convictions often do little for a would-be repeat offender than take them off the road temprarily while they are incarcerated.

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A $10 billion toxic tort class action lawsuit has been filed against BP over alleged emissions from its troubled Texas City oil refinery, alleging that workers and residents in the area were exposed to benzene and other chemicals.  

More than 2,200 workers at the refinery and residents from the surrounding area filed the BP class action lawsuit on August 3 in the Galveston Division of the Southern District of Texas. The complaint alleges that for 40 days earlier this year, the company illegally released the chemical benzene into the atmosphere.

The benzene lawsuit comes just as BP, formerly known as British Petroleum, was finally able to stop the flow of oil from a well a mile under the surface of the Gulf of Mexico, which has caused a massive oil spill that is expected to cost the company tens of billions of dollars in oil spill lawsuits and clean up costs.

Plaintiffs in the BP Texas City refinery class action lawsuit say the company has been releasing benzene into the atmosphere at the plant due to a hydrogen compressor that broke down on April 6. The 2,212 plaintiffs allege that they suffered serious injuries and illnesses from benzene exposure.

Benzene is an industrial chemical that has been linked to the development of cancer, leukemia and other life-threatening health problems. It is a known carcinogen used as an industrial solvent in the production of plastic and synthetic rubber, as well as drugs and dyes.

BP’s Texas City Refinery is the third-largest oil refinery in the United States, and has been the subject of several major safety incidents. As recently as September, the U.S. Occupational Safety and Health Administration hit BP with an $87.4 million fine for not complying with a safety agreement made after a March 23, 2005 explosion and fire that killed 15 workers and injured more than 170 others.

Lawyers who represent children in dependency proceedings say it’s time for these children – regardless of which state they live – to have a right to legal counsel.

Meeting yesterday at the 2010 American Bar Association Annual Meeting in San Francisco, a panel of children’s rights advocates discussed eliminating the barriers that prevent lawyers from representing these children in life-impacting legal proceedings.  

According to the U.S. Department of Health and Human Services there are more than half a million children in foster care and under the jurisdiction of family courts.  These are children who have been, for example, removed from their homes, placed in temporary shelters and possibly separated from siblings.

When it comes down to who is looking out for the rights and interests of the children in the courtroom – a lawyer, a guardian ad litem or an attorney ad litem -- there is no clear-cut, uniform answer.

“Every state has a different model,” says Hilarie Bass, a Miami commercial litigator who does pro bono work representing foster kids.

She points out the obvious — that there are too many children who need help, without enough money in the system to serve them.  Despite those hurdles, Bass, who is also incoming chair of the American Bar Association Section of Litigation, says she expects the section to make a recommendation on the right to counsel for children that should come up for debate before the ABA’s policymaking body in 2011.

“It would be a recommendation to provide for counsel and representation of children in delinquency and dependency proceedings,” says Bass. 

ABA President Carolyn Lamm says the ABA is an association interested in promoting the best interest of children and finding solutions “before we have a crisis situation.”

Lamm adds, “These citizens are the most vulnerable of course, in terms of no one to defend their legal rights.  The ABA does so much work in the public interest.  This is a segment of the public that needs us and we are strong and forceful advocates for children and the rights of children to be represented."  

So far, the U.S. Supreme Court has not spoken on the issue of whether children have a constitutional right to counsel in dependency proceedings.

Georgia attorney Trenny Stovall directs the DeKalb County Child Advocacy Center and represents children in dependency proceedings every day.  She says children who don’t have their own lawyer do not have a voice.

“When children don’t have a lawyer, their ability to be considered a living being with rights is vastly diminished.  Without representation, they become a widget in the eyes of the court,” says Stovall.

Children like 16-year-old Trevor Wade — who has been through the dependency court system — will tell you that having a lawyer makes a difference.  He says his lawyer fought against a system that would have placed him back with an abusive father.  These days he’s an intern in a public defender’s office, helping kids who are going through the court system.

Wade hopes to go to law school and is zealous in his advocacy on this issue.

He says that when states and courts make decisions not to provide lawyers for children, the question that needs to be asked is, “What is the price of a child’s success?”