Dallas Legal Marketing- Rob O'Connell

Bonnie Johnson Launches new Bankruptcy Website

noreply@blogger.com (rob75028) — Fri, 09 Mar 2012 18:03:00 +0000

Congratulation to Bonnie Johnson on the release of her new Website. Bonnie has been helping clients deal with their Bankruptcy needs for over 25 years in the Dallas area. Bonnie's practice is exclusive to Bankruptcy, Chapter 7, Chapter 13, Creditor Harassment and Foreclosures.

Criss & Kraft Launches New Website

noreply@blogger.com (rob75028) — Mon, 05 Dec 2011 19:41:00 +0000

Congratulations to David Criss and Heather Kraft on the completion of their new Website. The site incorporates new attorney photography as well as a brand new firm logo. The firm offers representation to clients seeking help with Family Law, Wills, Probate and Estate Planning, Elder Law, Professional Board Representation, Nonsubscriber representation, and Wrongful Foreclosures.

Visit http://www.crisskraft.com/ to visit David and Heather's new site.

Prominent Dallas Trial Attorney Publishes Monarch Butterfly Book

noreply@blogger.com (rob75028) — Wed, 06 Apr 2011 01:46:00 +0000

Renowned Dallas attorney Windle Turley has found a way to share his interest of the Monarch Butterfly. For several years Windle has traveled to the mountains of Mexico to photograph these amazing creatures. Now hundreds of his photos are published in a new book, The Amazing Monarch; The Secret Wintering Grounds of an Endangered Butterfly.

I can say, first hand, the pictures are truly beautiful. The book would make a handsome addition to anyone's collection.

Proceeds of book sales will be donated to the Dallas Children's Advocacy Center. Another good reason to purchase this wonderful book. Click here for more information on Windle's new book and how to order.

Lisa McKnight Launches New Family Law Website

noreply@blogger.com (rob75028) — Mon, 25 Oct 2010 17:18:00 +0000

Congratulations to Lisa McKnight on the launch of her new Website - http://www.lisamcknight.com

The new level 2 site covers Lisa's main practice areas: Divorce and Property Division, Contested Child Support, and Custody and Support Modifications.

Did you know? Lisa is a Board-Certified Family Law Specialist and is the daughter of famed Dallas divorce attorney Mary McKnight.

Findlaw Buys Super Lawyers

noreply@blogger.com (rob75028) — Wed, 03 Feb 2010 23:24:00 +0000

On Monday, FindLaw announced their purchase of Super Lawyers. Super Lawyers is the leading brand in lawyer ratings for consumers - the business is unparalleled in online and print distribution, and offers unique, high-value advertising opportunities for law firms. I work with a number of Dallas attorneys that have been recognized as Super Lawyers in the past:

Fred Adams Ted Anderson, Angeline Bain , John Barr, Michaek Bassett, Rob Crain, Mark Donheiser, Michael Dorey, Knox Fitzpatrick, Diana Friedman, Thomas Goranson, Michael Guajardo, Dan Hagood, Randy Isenberg, Julie Johnson, Stephen Key, David Kleiman, Paula Larsen, Brian Lidji, Rebecca Manuel, Ed Mason, Randal Mathis, Patrick McLain, Mike Price, Holly Schymik, Toby Shook, Bob Smith, Barry Sorrels, Robert Sullivan, John Teakell, Mark Ticer, Gary Udashen, Robert Udashen, Mike Uhl,

Super Lawyers creates and distributes an annual listing of outstanding U.S. lawyers by state and practice area, reaching 11 million consumers via inserts in leading city and regional magazines, as well as online. Super Lawyers will be part of the Thomson Reuters, Legal, Business of Law group, which offers lawyer marketing and client development tools, and includes the FindLaw and Hubbard One businesses. The Super Lawyers business will be led by Vice President and General Manager Barb McGivern.Super Lawyers employs a rigorous selection process - one that has been recognized by bar associations and courts across the country for its credibility and sophistication. It combines peer nominations and evaluations with third-party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

Gagnon, Peacock & Shanklin Launches new patent focused Website

noreply@blogger.com (rob75028) — Sun, 03 Jan 2010 00:24:00 +0000

Congratulations to Gagnon, Peacock & Shanklin on their new intellectual property Website. The site is focused on the firm's patent, trademark and copyright practice.

The template incorporates the same design that was created for the firm's main site.

Sorrels | Udashen | Anton Launches New Criminal Defense Website

noreply@blogger.com (rob75028) — Sat, 12 Dec 2009 23:23:00 +0000

Congratulations to the Sorrels Udashen Anton Law Firm on the launch of their beautiful new Website: http://www.sualaw.com/

The firm handles all areas of criminal defense including white collar crimes, state crimes and appeals.

Custom photography incorporated into the flash along with eye catching tag lines makes the site a real head turner.

Louis Cole Launches New Business and Commercial Real Estate Website

noreply@blogger.com (rob75028) — Sat, 31 Oct 2009 03:19:00 +0000

Congratulations to Louis Cole on the launch of his new Website! Designer Sandra Forslund artistically combined a beautiful gold skyline that compliments the navy background.

Louis handles all types of business law. From entity formation to mergers and acquisitions, Louis has over 30 years experience. His work also includes real estate transactions, contracts, and landlord-tenant disputes.

Intellectual Property Firm Klemchuk Kubasta is looking for a Business Development Manager

noreply@blogger.com (rob75028) — Fri, 30 Oct 2009 00:36:00 +0000

Click here to submit your resume or inquiry

Electronic Evidence in Truck Accident Cases

noreply@blogger.com (rob75028) — Thu, 22 Oct 2009 00:55:00 +0000

Article provided by Crain Lewis, LLP
Visit us at http://pi.dfwattorneys.com/

Thanks to emerging technology, attorneys increasingly have access to more and more evidence that may help to prove their clients' cases. As litigation techniques evolve with the available technology, computerized dispatch records, cell phone forensics, GPS technology and computer animations make it possible for attorneys to better investigate their cases and better represent their clients at trial.

Digital data has already begun to affect truck accident litigation. For instance, federal motor carrier safety laws regulate the hours of service for all commercial truck drivers. Truck drivers, however, sometimes falsify logs, so that they can travel more miles and for more hours in a day than would be allowed. The end result of this is that drivers are at times not where they report to be. What happens if a truck driver is involved in an accident, but claims he was somewhere else entirely when it happened?

The chances of getting away with such a claim are significantly less now than they used to be. Today, GPS technology used by trucking companies, security cameras on the street and cell phone records all can be used to verify a drivers location. This is just one of the many potential uses of emerging technology in litigation.

Electronic Logbooks

A lively debate is going on within the trucking industry about replacing paper logbooks with electronic ones. This debate pits smaller trucking companies against the larger carriers.

The larger carriers tend to favor a government-mandated transition to electronic logbooks. In part, this is because the larger carriers suspect that many of the smaller carriers are more likely than their bigger competitors to falsify driver logs. Federal regulations limit drivers to 11 hours driven per day, and use of electronic logbooks would make lack of compliance with that standard -- and the resulting driver fatigue -- tougher to conceal.

Smaller trucking companies and independent truckers are generally opposed to more government regulation. They are concerned that electronic onboard recorders (EOBR) would add costs without necessarily improving public safety.
Even if the government does not move quickly to require onboard recorders, change is coming. As more companies make the transition to electronic logs, more evidence will be available for plaintiff's attorneys to obtain through discovery.

Cell Phone Forensics

Cell phone records can be used in court to show exactly where someone was and whom they were talking with at a particular time. Given the nature of cell phone technology -- in which the signal is constantly being routed to the nearest cell tower -- someone's location can be pinpointed very closely. And there will also be a record of who was on the other end of the conversation.

Cell phone forensics allows one to use these records to get at the truth of what happened. If a truck driver recorded in a paper log a check-in at a motel for the night at a certain time, cell phone records could show the trucker was actually still on the road, talking with someone on the phone. Some cell phones now come with GPS technology, which allows for locations to be pinpointed even more precisely.

Generating Records, 24 Hours a Day

Sophisticated software now exists to assign drivers, tractors, trailers and cargo to each load carried. To keep the wheels of commerce running, electronic transponders installed in commercial vehicles enable drivers to deliver at any time without a human worker present to open the gates or sign for the goods. Security cameras supply a second level of documentation for the arrival and delivery data.

Data from these computerized dispatch and delivery programs can help a plaintiff's attorney make the case for liability against a trucking company. For example, the data might show that the driver did not spend the standard amount of time at the loading dock before leaving with a new load. This may be evidence that the truck wasn't loaded properly.

Computer Simulations at Trial

Law is a profession in which traditions are valued, but legal procedures must also evolve with the times. The use of computer simulations at trial is one example. Using computer simulations at trial is often the best way to tell a plaintiff's story to the jury.

One aspect of this is accident reconstruction and visibility studies. By the time a truck accident case is ready for trial, the accident scene has usually been considerably altered. A computer simulation allows for a clear consideration of the causal factors, in a way juries can understand. Courts are inclined to permit this, as long as witness testimony shows that the scene depicted in the simulation is substantially similar to the accident scene at the time the accident occurred.
Technological change is a given, and creative plaintiff's attorneys are finding new ways to use it to tell their clients' stories.

Article provided by Crain Lewis, LLP
Visit us at http://pi.dfwattorneys.com/

Ed Mason Launches a New Criminal Defense Website

noreply@blogger.com (rob75028) — Tue, 20 Oct 2009 23:12:00 +0000

Congratulations to Ed Mason on the launch of his new criminal defense Website; http://www.edmasonlaw.com/ .

With its lawyer focused design, Ed's site is effective at grabbing the visitor's attention quickly. Designer Lori Zurn did a nice job combining the Dallas skyline with a unique color scheme.

Did you know?? Prior to becoming an attorney, Ed was a captain in the US Army.

Melendez-Diaz's Impact on Military Urinalysis Cases

noreply@blogger.com (rob75028) — Tue, 20 Oct 2009 12:31:00 +0000

Article provided by Patrick J. McLain, Attorney at Law
Visit us at http://www.texasmilitaryjustice.com/ http://www.dallasdefenselaw.com/

The recent US Supreme Court decision in Melendez-Diaz v. Massachusetts has significant implications for defendants in the civilian court system and their counterparts in the military justice system—particularly when it comes to alleged violations of the military's strict zero tolerance drug policy.

Prior to the Court's decision, the military used documentary or investigative packages to present lab reports during a court martial or other disciplinary hearing against a servicemember with a positive drug result. However, the Melendez-Diaz opinion now calls this practice into question.

In light of this ruling, the military may have to expend greater resources to prosecute urinalysis cases through court martial, or may turn to administrative separation proceedings to avoid the increased burden. Accordingly, servicemembers who are accused of violating the military drug policy may find themselves with more limited options.

Melendez-Diaz v. Massachusetts: Lab Reports are Testimonial Evidence

In Melendez-Diaz v. Massachusetts, the Supreme Court held that lab reports are "testimonial evidence." Under a prior ruling in Crawford v. Washington, the Supreme Court ruled that admitting "testimonial evidence" made by a witness that the defendant had not been able to cross-examine violated the Sixth Amendment's Confrontation Clause.

Accordingly, the Melendez-Diaz opinion makes clear that defendants must be given an opportunity to cross-examine the analysts who prepared these lab reports. Otherwise, the defendant's rights under the Confrontation Clause are violated.

What the opinion does not make clear, however, is which analysts are required to testify in court or if all analysts involved in preparing the lab report must be available to testify.
This is a particularly significant question for urinalysis cases in the military justice system, where 4 to 10 or even more individuals may be involved in collecting and analyzing urine samples. Currently, more than 60,000 urinalysis tests are conducted on servicemembers each month.

Urinalysis Cases and Documentary Packages

To enforce drug policies and ensure compliance by servicemembers, the military has an expansive testing system. Drug testing is most commonly conducted at random, but the military also has the authority to require probable cause testing, unit/command sweep testing and commander-directed testing.

Once a urine sample has been collected, it is sent to one of the military testing facilities across the country to determine if the servicemember has violated the military's drug policy. If the results are positive, the servicemember will be subject to discipline for violating the military's policies, which generally has resulted in a court martial.

A court martial is a military court. The court marital process most closely resembles the civilian trial court process. Servicemembers who are subject to a court martial are afforded mostly the same rights as those in the civilian system.

In bringing evidence against a servicemember for failing a urinalysis test, the military has allowed prosecutors to introduce a "documentary" or "litigation" package concerning the lab test results. The documentary package usually includes the lab report itself and in-court testimony from a representative of the lab (sometimes referred to as a "surrogate") who is familiar with the personnel and procedures of the lab that conducted the testing.

However, it appears that the use of a documentary package in urinalysis cases is no longer constitutional under Melendez-Diaz. While the decision left it unclear which analyst would have to be available for in-court testimony, the military may have to bring in every analyst who was involved in the testing process.

If the military is required to do this, it could greatly increase the time and expense of prosecuting drug cases. Rather than using a documentary package with one person's testimony, the prosecution may have to bring in everyone who was involved in the collection and evaluation of the urine sample. Labs across the country already are dealing with resource constraints, burdened with heavy workloads and long hours. Requiring the analysts to prepare the reports and to be available for in-court testimony will only further add to this burden and increase the backlog in these overworked laboratories.

The Ultimate Consequences for Servicemembers

Because of this increased burden, Melendez-Diaz also could ultimately result in expanded use of administrative separation proceedings rather than court martial to handle drug cases. Administrative separations are not punitive in nature; these proceedings cover both voluntary and involuntary separations. However, such a result would be at the detriment of servicemembers facing drug charges.

The administrative process has a lower standard of proof (probable cause) and defendants are afforded fewer legal rights and protections than in a court martial. For example, the Military Rules of Evidence (MRE) do not apply in administrative separation proceedings. The right to appeal is limited and only certain types of cases are guaranteed review. Even though some servicemembers will have their cases heard before an administrative review board, the board does not operate like a civilian jury.

Given the great impact the result of an administrative separation proceeding can have on a person's career, handling urinalysis cases in proceedings with fewer rights and legal protections seems inappropriate at best.

Conclusion

It is too early yet to tell how the military justice system will apply the holding in Melendez-Diaz. Some commentators believe the opinion ultimately will not have much impact on the way urinalysis cases are prosecuted and believe the military will distinguish the Melendez-Diaz opinion in a way that allows them to continue using documentary packages. Others, however, fear the ruling could greatly impact the military justice system and increase the costs of prosecuting urinalysis cases.

Palmer Manuel Launches Two New Websites

noreply@blogger.com (rob75028) — Tue, 20 Oct 2009 01:42:00 +0000

Congratulations to Steve Palmer and Rebecca Manuel on their two new Websites. Steve has been a Findlaw customer since 1999 and has upgraded his original Website two times.

The original site, http://www.pamlaw.com/ focuses on business law, consumer law, estate planning and probate. In order to market the firm's family law, divorce, collaborative law and adoption practices more effectively, the firm has launched http://www.dallasdivorcelawyers.com/ .

Both sites utilize pictures of the firm's building as well as user friendly cascading menus.

Did you know: Steve Palmer heads up the Texas College of Collaborative Law, an organization of family lawyers, mental health professionals and financial professionals who serve the needs of divorce clients in Texas.

The Confrontation Clause for the Twenty-First Century

noreply@blogger.com (rob75028) — Thu, 15 Oct 2009 21:56:00 +0000

Article provided by Patrick J. McLain, Attorney at Law
Visit us at http://www.dallasdefenselaw.com/ http://www.texasmilitaryjustice.com

A New Ruling Regarding Sixth Amendment Rights Helps Defendants; Ensures Criminal Lab Analysts Will Testify on Their Results

Under the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, a person accused of a crime has the right "to be confronted with the witnesses against him."However, the particular contours of this right have shifted with time".

Most recently, in Melendez-Diaz v. Massachusetts, the United States Supreme Court considered this right with regard to the use of criminal lab reports submitted into evidence without the testimony of the people who performed the scientific tests and prepared the reports. The Court rejected the use of such reports without supporting testimony, deeming them an unconstitutional violation of the Confrontation Clause.

Although the full consequences of this ruling remain yet to be seen, this is a huge victory for people who have been accused of crimes. First, the ruling implicitly acknowledges that lab reports prepared by people are neither infallible nor mere repetition of objective fact. This opens a new avenue for criminal defendants to challenge the allegations they face.

Additionally, the ruling increases the burden on the prosecution when pursuing allegations involving scientific evidence, such as drunken driving cases or drug crimes. If a prosecutor has to present an analyst to testify every time he or she wishes to demonstrate that a breathalyzer indicates someone's blood alcohol content level or that a powdered substance matched the chemical composition of cocaine, it becomes more costly to pursue every allegation. Ultimately, the decision defines the Confrontation Clause more clearly, and provides people accused of
crimes the ability to challenge the allegations more effectively.

The Confrontation Clause Before Melendez-Diaz

To understand the significance of the ruling in Melendez-Diaz, one must first understand the prior interpretations of the Confrontation Clause.

In reaching the ultimate holding of the case, Justice Antonin Scalia cited a prior decision, Crawford v. Washington. In this prominent case, the Supreme Court rejected the admission of testimonial statements prepared in advance of trial. The Crawford ruling said witnesses who do not testify at trial violate the defendants right to be confronted by all witnesses against him or her.

However, before Crawford, the rule for admission of testimonial evidence without supporting testimony from a witness was very different. Under the prior controlling case of Ohio v. Roberts, if testimony had âparticularized guarantees of trustworthiness,â it could be admitted even if the witness was not present.

For example, under the Ohio rule, scientific evidence prepared in a lab report and certified as accurate by the preparer could generally be admitted. As long as the preparer could certify that he or she was qualified to prepare the report (qualifications were typically spelled out in state statutes) and that the procedures used to produce the result were accurate, the report would be accepted into evidence at trial, even without the presence or testimony of the preparer.

The Role of Scientific Evidence in Criminal Prosecutions

With the advanced use of science in criminal investigations and the increased demand for analysis, lab reports are frequently used to establish an element of the alleged crime. For example, a report could be prepared to establish that the defendant was legally intoxicated at the time a biological sample was taken, or that a substance obtained from the defendant or near the vicinity of the defendant was actually an illegal drug.

For older cases, DNA swabs could be analyzed and compared decades after a crime to link a defendant to the scene. In many such cases, scientific results were the only evidence directly linking the defendant to the alleged crime. Prosecutors relied on scientific evidence to make their cases.

The scientific evidence of guilt was considered by some courts to be produced by a machine and therefore infallible. Other courts considered the scientific evidence to be mere repetition of an objective fact made after the crime was committed.

For these reasons and others, defense attorneys were frequently barred from questioning the accuracy of the reported results or the processes by which they were produced. In state crime labs across the nation, scientists churned through backlogged DNA swabs, blood, breath and urine samples, and seizures alleged to be controlled substances to turn out reports that implicated or exculpated defendants of the crimes of which they were accused.

The Confrontation Clause After Melendez-Diaz

Melendez-Diaz creates new opportunities for defendants to assert their right to confront witnesses against them. Rather than simply admitting a report certified by a lab analyst into evidence, prosecutors must now present lab analysts to testify at trial. These analysts will likely address the accuracy of the result, the processes used to produce the result and their personal credentials.

By requiring testimony from forensic analysts about the processes and techniques used in labs across the country, the Supreme Court has opened up these sometimes secretive operations to greater scrutiny from defense attorneys and the public. This increased scrutiny will hopefully put pressure on laboratories to produce the most accurate results and ensure the use of best practices in laboratory analyses involving criminal matters. Under Melendez-Diaz, the Confrontation Clause has true bite in the twenty-first century, as its drafters intended.

Jeff Grass - Medical Peer Review

noreply@blogger.com (rob75028) — Thu, 15 Oct 2009 21:20:00 +0000

Congratulations to Jeff Grass on his new physician peer reveiw website; http://www.medical-peer-review.com/. Jeff has the unique practice of representing medical professionals subjected to peer review or investigation of their medical license their state board.

Some of the highlights of the site are the medical illustration that flash across the home page as well as the video.

This is Jeff's second Findlaw site. His first, www.texas-defense-lawyer.com is dedicated exclusively to criminal defense in Dallas.

Dallas Uncontested Divorces - Robert Gregg

noreply@blogger.com (rob75028) — Thu, 15 Oct 2009 18:03:00 +0000

Congratulations to Robert Gregg and his sister Tonya Gregg Whitzel on the release of their new site; http://www.dallas-uncontested-divorce.com/ The site is geared towards clients who want a simple, low cost divorce. The site offers individuals helpful information in drafting uncontested divorce agreements and child custody and visitation agreements.

Dallas Criminal Defense Attorney - Russell Wilson II

noreply@blogger.com (rob75028) — Thu, 15 Oct 2009 17:18:00 +0000

Congrats to Russell Wilson on the release of his new Criminal Defense Website - http://www.russellwilson2.com/ Russell has been board certified in Criminal law since 2003 and handles everything from Federal fraud charges to misdemeanors. The site utilizes a unique shot of the Dallas skyline and also has an informative successfull cases section.

Dallas Bad Faith - Insurance Denial Lawyer Brad Jackson

noreply@blogger.com (rob75028) — Thu, 15 Oct 2009 16:33:00 +0000

Dallas Trial Lawyer - Brad Jackson
Congratulations to Brad Jackson on the release of his new Website; http://www.bradjackson.com/

Brad is board certified in civil trial law and is a leading authority on insurance bad faith and claims denial.

Brad's site utilizes an attorney focused theme along with flash to effectively bring forward his credentials and philosophy.