No-Fault Song Parody Contest. (Seriously.)

I'm inclined to question the fitness to practice law of my friend Matthew S. Lerner, Esq. of the New York Civil Law blawg.

Today, he announced a no-fault-based song parody contest. He also points out that Deney Terrio's last name rhymes with the last name of former NYS Insurance Department Superintendent Gregory V. Serio (as in Med. Soc'y v. Serio, 100 N.Y.2d 854 (2003)). I'm a bit frightened to even mention that he (allegedly) makes something else rhyme with the last name of Dr. Robert Chandran Mallela, M.D. (as in State Farm v. Mallela, 4 N.Y.3d 313 (2005)).

I may just close down this blog entirely if anyone starts rhyming Frances J. Roggio (as in Roggio v. Nationwide Mut. Ins. Co., 66 N.Y.2d 260 (1985)); Karen DeGuisto (as in Presbyterian Hosp. a/a/o DeGuisto v. Maryland Cas. Co., 90 N.Y.2d 274 (1997)); or Pamela Mandresh (as in Central Gen. Hosp. a/a/o Mandresh v. Chubb Group of Ins. Cos., 90 N.Y.2d 195 (1997)).

Which Judicial District's Grievance Committee should I be contacting for Matthew? ;)

We've Gone on Holiday by Mistake

Sorry about the recent lull in updates. Between the holidays, and then a post-holiday excursion to Vegas (and the post-excursion crush of work that followed it), things have been a bit diffuse. Anyway, with some luck, more regular updates will be resuming.

As far as the pending matters involving the EBT of Andrew Carothers, M.D. as ordered by Civil Court, Richmond County last year (see order here), another decision and order is pending, and an update on same will come at the appropriate time.

And five points to whoever spots the source of the quote for this post's title. ;)

Bring the Beat Back

Perhaps the Appellate Division, Second Department is reading this blog. Probably not. Either way, though, the App. Div. has overturned the decision by Justice Phelan of Supreme Court, Nassau County wherein it was held that insurance carriers were precluded from raising the defense of a lack of medical necessity as against a no-fault claim brought by an MRI provider. See Long Is. Radiology v Allstate Ins. Co., 2007 NY Slip Op 00496 (App. Div., 2d Dep't, 2007). You can see Justice Phelan's original order here.

As one might suspect, I think the App. Div. got it very, very right. And while they're surely not reading this blog, they did cite to two different cases I've discussed on the topic (see West Tremont Med. Diagnostic, P.C. v Geico Ins. Co., 2006 NYSlipOp 51871(U) (App. Term, 2d Dep't, 2006), and Precision Diagnostic Imaging, P.C. v Travelers Ins. Co., 8 Misc 3d 435 (Civ. Ct., Kings Cty., 2005)).

The core of the App. Div.'s new decision is as follows:

An assignee stands in the shoes of an assignor and thus acquires no greater rights than its assignor. Since the defense of lack of medical necessity may indisputably be raised by the defendants against the injured party, it is available as against radiologists who accept assignments of no-fault benefits. (Citations and internal quotation marks omitted.)

The various insurance defense firms who prosecuted the Long Is. Radiology appeal should be commended for their fine work.

Unbearable Blood-Sucking Agencies

Tom: I have come to understand a great deal about the ultimate motives, agenda of some of those who come into an equity role at some of the major legal temporary agencies. Attorneys have to recognize that in most instances these folks are not your friends or career advisors invested in your professional development and success. All too often many of us are bought off with a slice of Pizza or a free sandwhich or in the case of that Scott Krowitz guy at Lexolution, some chummy b.s seminar about "Careers in Coding." Behind the scenes some slimebag middle management profiteer is all too happy to add a layer of profit in between you and the law firm employer.

Consider the case of one Robert Singer, who formerly served as an Executive Director at Weil Gotshal and Manages and Finance Director at Cravath. Roles which were primarily financial and devoid of any human component. His role has been principally to teach law firms how to be more profitable. He took his former fat paychecks and in late 2005 bought into the partnership at DeNovo legal. Since that time, he has changed the face of that agency, mostly for the worse. His motives are purely profit oriented, primarily for himself and those in his inner circle. Most temps go to work on DeNovo projects because of Sean Curtin. In fact, a friend of mine is a partner at a firm and he mentioned being pitched by Singer and the guy did not know the first thing about the data retrieval process critical to the management and staffing of a major case but tried to schmooze him about how DeNovo Legal was a full service Trial Preparation Firm. The Partner told me that a bean counter who knew jack shit about his business was essentially trying to jack him off because he saw DeNovo as no different from any other temp agency.

I worked on a project there in 2005 mostly because it had a reputation as one of the better enviornments to work in. They, however, are out of touch with people who have to work 60 hours or more a week doing mind-numbing work to pay their bills. We have to endure Update like staffers like this Evelyn Louie chic, who has the worst interpersonal skills. Friends on a project there tell me that she periodically rises from her hole like its Groundhog day to make another announcement about the conditioning of expense reimbursements but largely the temps have no idea whether the project will last for a week, a few more days or months. Sure, they give out free pizza and the like but those that built what was a more uniquely personal and professional agency get pushed aside and what these people are replaced with is a Nazi like efficiency. They sit around with calculators all day long trying to figure out ways to extend the work day, eliminate breaks or reimbursements for meals or cars. That is the word on the street. Fortunately or unfortunately I was staffed on something else at the time, and am actually working for an agency I hate right now but it pays the bills. Agencies are increasingly becoming "UPDATE" like with no regard to ones professional development and long term job security. If we have to deal with people like Update's Leslie Firtell, Eileen Lamboy or Evelyn Louie and Robert Singer at DeNovo Legal, most will likely go someplace else.

The further lesson in all of this, is that in this modern era in America we increasingly find those at the top of the food chain sucking more and more $$ out of the business while the proletariat professional classes have to rationalize getting less. It will work for a time but ultimately bankrupt souls like Robert Singer will be dumped on the scrap heap of business history.

Note To Agencies: Stop Passing Yourselves Off As Unbiased "Career Counselors" To Naive, Debt-Ridden Law Graduates

"Temporary legal work is a great opportunity for those who graduate from law school without a job offer," says Scott Krowitz, a partner in the temporary placement firm Lexolutions. "The work gives young lawyers exposure to the practice of law and creates new networking opportunities. And temp-to-perm (temporary to permanent) positions can lead to permanent jobs that might not have been available to these attorneys through the usual recruiting channels."

The concept of a seminar on career opportunities in coding is nothing short of a marketing sham designed to position Lexolution and its CEO, Scott Krowitz as somewhat of a career counselor invested in your success. That is a fabrication of the role that entities like Lexolution serve. Certainly you need to be on good terms with as many entities that might call you for a job. But I have seen way too many firms just stop dealing with particular candidates for irrational reasons and rewarding syncophants no matter how f'ing stupid and incompetent they are. Talent, skill, ability or goal oriented individuals are not the candidates that they want. Instead, they want subservient insecure fools who kiss the ass of these agency gatekeepers in order to continue to get a pay check. The more firms consider hiring directly without the agency, the more they might find an increase in the quality of candidate, and the more money will be available to reward said individual for his hard work. It is ridiculous that the agency cut off many candidates exceeds that candidates hourly rate. In many cases where the attorney is collected $35 per hour, the agency is billing for $75 per hour and the law firm is billing the client $150 or more.

Just a sage bit of advice to aspiring legal professionals,law students and/or potential document review attorneys. Recognize that owners of agencies like Lexolution (i) are NOT career advisors or counselors who have your long term professional development at heart, (ii) but are independent agencies, brokers or intermediaries who add a layer of cost between the legal professional and the law firm client and (iii)have no professional, entrepreneurial or economic incentive to help you evolve from this type of work into a different career path. In short, you must look at the likes of Scott Krowitz as someone you need to evolve past in the long term as for now, folks like him are "necessary evils" in the temp game. They are not your friends but rather are folks who are complicitors in your professional enslavement.

The UPDATE Blacklist is very real indeed. But they are not the only firm that has one, a good question to ask Scott Krowitz at Lexolution who also secretly has one as well. Regardless of how intelligent you are, how much experience you have and how good a job you have performed in the past, either of those firms will blacklist you if they perceive that you at all question their M.O. There are enough lawyers who will work in these temp jobs. They want SHEEP and not BULLS. The more you stand out, the worse it is for them and since more and more attorneys graduate each year, they would rather place passive people in these jobs who do not at all question or buck the system. Their are people that UPDATE places regularly who are actually horrific candidates but they do precisely what UPDATE tells them to. That is what many of these firms want. You are being paid to sit in a chair for as many hours as possible, code docs so that the agency can get their override and the law firms can jack their clients for work which at times is even questionable really needs to be done. Plain and simple.

-- fellow poster