A former federal prosecutor in Manhattan, Robert Khuzami, has been named enforcement chief of the Securities and Exchange Commission.

Khuzami worked for 11 years as an assistant U.S. attorney, spending part of his time prosecuting financial crimes such as insider trading and Ponzi schemes, according to the Associated Press. He also helped prosecute the “blind sheikh” accused in the 1993 World Trade Center bombing, the Washington Post reports.

Khuzami is currently general counsel in the Americas for Deutsche Bank.

New SEC Chairman Mary Schapiro issued a statement saying she is pleased Khuzami is coming on board ‘’in such an important role at this crucial time.'’

Anthony Ricco, a lawyer who opposed Khuzami in a World Trade Center case, told Bloomberg News that Khuzami will take an active role in his new job. “People on Wall Street better watch out,” Ricco said. “He is a person who really believes in the public good, and those people often make judgments that make Wall Street cringe.”

(Source: Debra Cassens Weiss, ABA, http://www.abajournal.com/authors/4)

Note: Here’s hoping that Khuzami can get this important agency back on its feet. We need enforcement in the securities area more than at any other time in the last 20 years.

Hiring a lawyer is one of the most important decisions you will ever make. Bonnie Robertson has some excellent advice for selecting the right one - and what to watch for as your case proceeds.

Tip #1
You have the right to know everything about your case. When you hire a lawyer, you have the right to expect a copy of every letter, every motion, and every document regarding your case that leaves your lawyer’s office. If you are receiving anything less, you lawyer is not living up to his or her obligation to communicate with you openly about your case…

Here’s the link for the rest of Bonnie’s tips…
http://www.robertson-law-firm.com/CM/Custom/What-Your-Lawyer-Doesn-t-Want.asp

Collaborative law is a dispute resolution technique that differs substantially from mediation or arbitration.

In collaborative law, the parties to the dispute and their lawyers work toward a solution together. If the parties are unable to resolve their issues and go to court, the lawyers for the collaboration disengage. If the parties abandon the attempt at collaboration, they must find new counsel.

The following article provides an excellent discussion of collaborative law and whether it will be beneficial for your case…
http://www.abanet.org/media/youraba/200806/article05.html

Many clients feel that their attorney is not handling their case properly. The best thing to do is schedule an appointment with the attorney and let your thoughts be known. The attorney can’t fix what he doesn’t know is broken.

Still having problems? Or has your case been completed and you think your attorney has acted negligently or improperly? You may need to take your concerns to the group that oversees attorney ethics. In Arkansas it is called the Committee on Professional Conduct. Here’s a link to the Committee’s website….http://courts.arkansas.gov/professional_conduct/

***Note: Formal complaints against attorneys are a serious matter. I would ask that you talk with your attorney about your concerns first to see if there is any type of suitable resolution before you file a formal complaint.

Hiring an attorney can be about as enjoyable as going to the dentist. Here are some tips to ease the pain:
· Ask those you trust about attorneys they know.
· Make sure the attorney has experience in your type of case. If you are divorcing, do not hire an attorney that only handles personal injury cases, and vice versa.
· Ask the attorney about legal fees and costs of the case. Yes, they are two different things. Fees are what will be paid to the attorney for his time. Costs are expenses for your case – court fees, subpoena fees, court reporter costs for depositions, copies, postage, etc.
· Ask the attorney questions. Does he understand what you want to accomplish? Follow your intuition – if you do not like his answers, then you will probably not like his services.

Many times parties are not happy with the final ruling handed down by the judge in their case. Judges are able to enforce their orders by using their contempt powers. The following case illustrates what can happen when a person decides to deviate from what has been ordered by the court.

Here’s the link…
http://courts.arkansas.gov/unpublished/2008a/20080514/ca07-1116.pdf

These Florida homeowners, and mortgage bearers, decided to turn the tables on their lenders. Facing potential foreclosure suits in the near future, they decided to sue their lenders first for fraud and violating federal lending laws.

Here’s the link to the article…

http://www.abajournal.com/news/fearing_foreclosure_debtors_sue_lenders_over_excessive_mortgages/#When:13:27:00Z

Arkansas law says a “new” car is one that has not had its title transferred.  A.C.A. 23-112-103(22)  Does that include a new car that is stolen off the car lot, driven 40 miles by the thief and then left on the side of the road?  A jury said that was no longer a “new” car despite what the Arkansas law may say.  The Arkansas Court of Appeals, barely, agreed.

You could have some fun hypotheticals with this one.  If the thief had driven it 100 miles would it still be new under the law?  What about 10,000 miles?  Ok, what if a salesperson drives it for say 5,000 miles?  Under the law as written it would still be “new” wouldn’t it?  Would a consumer feel they were getting a “new” car in that situation?  At some point it seems that the statutory definition leaves a lot to be desired.

This majority opinion and dissents are worth reading, especially if you are interested in consumer protection issues and auto fraud cases….here’s the link

http://courts.state.ar.us/opinions/2007b/20071219/ca07-183.pdf

Throughout the United States there are federal prosecutors called U.S. Attorneys.  Many states are divided into districts (ie. Western District of Arkansas) and a U.S. Attorney is put in charge of that district on behalf of the federal government.  More specifically, a U.S. Attorney is the U.S. Attorney General’s representative for the district that he/she serves.  U.S. Attorneys are appointed by the President (as you probably now know through the continuing trials and tribulations of our current AG Alberto Gonzalez) and usually at the recommendation of the local political bigwigs located in the district.  The U.S. Attorney will have one or several Assistant U.S. Attorneys (AUSAs) working under his command.  The overall duty of the U.S. Attorney and the AUSAs is to make sure the federal laws are complied with in his/her particular district - and to prosecute those that fail to do just that.

I have become acquainted with the work of the U.S. Attorney’s office through a few federal criminal cases I have defended.  I can tell you that if you are ever indicted by the U.S. Attorney, your chances of winning your case are slim and none.  The resources available to that office are substantial (US Marshals, FBI, DEA, high tech surveillance equipment, etc.) and the competency level of the AUSAs is high.  The bottom line is that they usually have you dead to rights by the time they arrest you.

Michael Vick, the superstar quarterback of the Atlanta Falcons, is probably about to find all of this out.  He has just been indicted on charges of running an illegal dog fighting operation on his property in Virginia.  Federal criminal cases are usually brought to trial quick, and the district where Vick has been indicted is known as the “rocket docket” district.  I agree with the article that it will not surprising if he is brought to trial within the next 4-6 months, which would be right in the middle of the NFL season.

Here’s a link to the article on ESPN.com… http://sports.espn.go.com/nfl/news/story?id=2940312

Another part of a complex lawsuit was resolved Friday when Van Buren teacher Steven Jones settled his case with the Van Buren School District for $275,000, and an additional $50,000 in attorneys’ fees.

Jones said he felt “vindicated” by the settlement and praised the work by his attorneys. “We were up against tremendous odds,” Jones said, terming the legal contest with his limited resources against those of the school district as a “David versus Goliath” battle.

Brian Meadors has been lead counsel on the case since its inception over 4 years ago.  Kevin Hickey has periodically assisted Mr. Meadors as co-counsel since earlier this year. 

Here’s a link to the Times Record article… http://www.swtimes.com/articles/2007/06/04/week_in_review/news/saturday/news03.txt