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Last month, Federal Small Business Commissioner Mark Brennan released a report prepared for the Federal Small Business minister [the Hon Bruce Billson MP] that reviewed the circumstances surrounding the collapse of Urban Contractors, a Canberra based landscaping and earthworks firm which went into administration last October, leaving around 180 subcontractors out of pocket following a dispute with head contractor Lend Lease regarding the new ASIC building in Canberra on which it held the Major Works subcontract.
This is the latest in a flurry of government interest in construction related insolvency at both state and federal levels. For some years, ASIC has been releasing reports on the sector's growing prevalence in insolvency statistics. In NSW, the government commissioned the Collins Inquiry into the same issue. In some states, Small Business Commissioners have witnessed dramatic increases in calls from contractors seeking help with issues surrounding non-payment.
These inquiries and reports all try to get to the bottom of what is causing this great problem. From where I sit, however, it is actually quite straightforward. Rather than any single event or mistake, insolvencies are merely the end point in a series of events. Here is a view of component parts that lead to insolvency from the unfortunate view of one who sees them up close.
- It all starts at the top when the head contractor bidding for the work feels compelled to offer the lowest price possible. The price has nothing to do with the actual cost of completing the work. It is already a loss. The contractor is desperate to get the work in order to pay off the losses from the last job. At this point, the project is already headed for disaster. But the head contractor will pass on all the possible risks associated with additional costs to its subcontractors and recover any loss through back charges; that will also mean keeping the retentions.
- The head contractor then seeks tenders from a host of subcontractors who do exactly the same thing: under-price the work just to provide them with cash flow. This leaves no margin for error. One thing goes wrong and the subcontractor will sustain a big loss.
- The head contractor then awards tenders to its subcontractors by hitting them up to drop the price even more. In desperation, they agree. The subcontractors are now exposed to a far greater loss than the head contractor. They figure they can make up some cash flow on the inevitable variations.
- The subcontractors have not read the contract properly and so do not realise the level of risk the contract is demanding of them. They also do not follow the procedures related to approval for variations, extensions of time and liquidated damages. All these will kill any profit they may still have.
- Neither the head contractor nor their subcontractors have properly specified the work and discover that there is a whopping chunk of work not allowed for in the price. A war of liability ensues over who bears the unexpected cost.
- The head contractor sees the coming losses and so passes on the costs to the subcontractors via back charges. The subcontractors who are already on a loss maker, lose even more. Often, the monthly payment from the head contractor does not even account for half their costs.
- The head contractor starts to feel the pain of being held to a contract price that did not cover the cost of the project, and so finds itself battling both the client and its subcontractors over cash flow and payments. The head contractor's client is demanding more work than was in its scope and is not getting an approved variation for it. The head contractor will direct the subcontractors to do the work without any agreement from the client to pay for it.
- Disputes arise from the unpaid variations. The head contractor cannot pay for it because it needs the money for other projects, and so argues for more back charges.
- The subcontractors are now almost without cash flow at all. Some find their contract requires them to carry the risk of latent conditions that result in extra costs; others discover their scope was worded in such a way as to include a lot of work they did not budget for.
- Subcontractors start to go under. The work slows. The client starts to hit the head contractor up for Liquidated Damages and withholds that amount from its payments. The head contractor has now transitioned from taking on a loss-making project to being insolvent. As it withholds payments on its subcontractors even longer, some go under, until the head contractor goes under.
This may be a compartmentalised view, but most insolvencies feature a number of the aspects outline above. The overarching dynamic here is straightforward: pressure to win contracts leads to under-pricing of work. Most contractors allow only a five per cent gross profit margin on their work. That is too low and unsustainable. From there, pressure builds on all parties to seek back-charges, pull money out to cover past losses and argue variations wherever possible.
Understanding the causes of insolvency is much like what we learned in second grade maths.
You can't construct a $3 million building for $2 million.
A good narrative of how trouble is passed along in the industry. The driver behind it all is that the industry is inherently cyclical and contractors make the error at times of believing that survival equals having to take advantage of someone else at the bottom of the cycle. This is shortsighted and creates more financial pain over a longer period of time. The alternative is to take the pain in the short term and reduce the size of the business, which is usually less overall pain. In my view the government should take the money they would spend on the enquiry and invest in infrastructure!
Thank you Mr Anthony Igra. A very good article. I am feeling a lot of frustration of what is going on in the market place. I am a residential builder in Brisbane and specialise in renovating existing buildings. I have been involved in this industry for over two decades and have seen a lot of changes as fas as regulatory, customer and building practices.
As a builder I pride myself on my work and people who know me or have used my services see that they get value for money and sometimes more then they hoped or paid for. I treat my clients' houses as if they were my own and if I wouldn't be happy with that why should they, so my standards are high.
Recently I had been asked by the beauru of statistics to fill out a form a four page questioner in relation to a building project i was undertaking. It was pretty personal. It had the clients name address, contract date, amount on the contract. The work that was to be performed and the size of it. The information which as required was" if there was any variation in the contract price or was the client/owner physically going to make improvements themselves as far as plastering painting and the value"etc. Then had to submit this by the due date or get a penalty of $170.00 per day. If you ask me what I think about this, the building industry has a lot of soul searching to do as well as the government. The government has shifted a lot of liability on the small builders. These include responsibility for others actions (work place health and safety) environment , Taxation who is a contractor or an employee and the list goes on. There are too many conditions imposed for someone just trying to make a honest living. My business at the moment is experiencing a lot of financial pain. People are just getting prices and sitting on their hands. My main customers are down sizing so the work has slowed. I now need to carter more for two different customers. Generation X and Y. Generation X does their homework, know what they want but spend the money when they have it or a capable to service. They are very particular with the building products and the cosmetics of the works.
Generation Y looks for price and as long as it looks 100% it doesn't have to be approach. They want everything yesterday and its good if you can add a bit more in for the same price.
The last two months I have been quoting a lot with not much success. I am being undercut sometimes by a few thousand. Recently my engineer said to me while we were outside the clients house "Robert do you know what your problem is? you do five star work but the market at the moment only wants to pay for three star. Don't buy the best material, or put so much of yourself into the job for quality." My response to that was "I will advertise that I only do five star work and if you want any less don't bother calling me".
I think the plumbing trade is smart, plumbers are united. Their prices are set and they don't cut each others throats. The most under looked and underpaid trade in the building game is carpentry which is the back bone the main element holding the structure for other trades to be able to come in and do their work. This trade is happy to undercut and do work for silly prices. Now builders have a six and a half year liability with work. Plumbers don't. Plumbers actually are under the builders umbrella but are paid more then the builder/carpenters.
So to sum everything up, I think homeowners who want to build should look for small builders who give them realistic prices not the cheapest and for builders who do one job at a time and not juggle others as well.
This will ensure that the money set aside for the house works is allocated for that and not other jobs. The attention to detail and time on site will also be beneficial to the homeowner. Builders will be forced to give a more realistic quote as they will need to allocate more time for the client.
I hope I have showed a different dimension to what is going on.
Anthony, I couldn't agree more. Having been involved in a number of recent projects with head contractors and felt the pain – it's dead right! One of the things that really annoys me is having to sign Statutory Declarations imposed by head contractors just to get payment. You put your signature to a piece of paper saying you have paid all your own contractors and suppliers. I guarantee we're not the only ones lying signing it but you can't help it – you have to sign it in the hope you might get paid within a month after your invoice is due and keep calling the creditors to let them know you are still in business! We have moved our focus away from builders because with the situation the way it is, it just doe not pay!
Excellent article, very informative and 'spot on' Anthony.
Thank you.
Anthony, it feels like you were writing the
My story, that is exactly what happened to me & my company of 10years.
I find your advise & expertise invaluable
& be forever grateful.
I have started again & all my clients have
Come back & now i know what not to do.
Painfull experiences can be a great teacher
For all other contractors out there
Be proud to deliver your service at the best price & dont fall victum to the thort of
having a major profile job & drop the price.
Be proud to protect yourself from dishonest building contractors.
An interesting analysis with many generic descriptors – most being accurate to some degree – of the performance of a typical building construction project. The problem being that the Lend Lease project for a federal government building was used. Here's the facts with Australia's tier 1 builder. They don't need to 'win' projects by engineering a low tender bid. In most cases they invited or at least are select tenders. Secondly. When the government is the client the project budget and the administration of the contract are focused on one thing. That 'thing' is that there will be No messy disputes because A: the government would probably lose and B: the project must be viewed as being successfully delivered. LL don't hire dummies. The government and its myriad agencies abound with them. There are probably other reasons the subbie went broke in this instance. It isn't in the interests of the builder to send their subcontractors broke. Any builder who sets out with this as a primary business objective will eventually fail themselves.
The Federal & State governments are the main reason the backbone of the construction industry 'trade subcontractors' lose out & suffer financial hardship.
There is one common theme when head contractors go broke, they always owe the tax man big dollars, & they have not met their statutory tax obligations for many months & sometimes years, yet the governments remain silent.
My solution is simple, anybody should be able to log on to the ATO/OSR portal & enter the ABN of the head contractor, & the ATO/OSR should advise either yes or no if the head contractor & ALL of their associated companies tax affairs are up to date, especially PAYG & Payroll Tax. Then the subbie can make an informed decision as to the risk of signing a contract or even continuing with further work. Imagine how quickly the ATO/OSR would collect the tax owed, because the head contractor would need to keep their tax affairs up to date. Clients could then feel comfortable signing up a head contractor & most importantly subbies will feel confident the head contractor is financially stable. Ultimately head contractors will less likely buy a job, knowing they can't use the tax component as their buffer.


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Admin will be running some "pruners" to archive (or whatever they do) old threads. Do we have any threads on our board that are not stickies that we want to keep? If so I can move them to the "keepers" board so we won't lose them.
Please let me know if there is anything you really want to keep and I'll get it taken care of. I think I need to know before tonight though as they'll be running the pruners then.

subset: commoncrawl


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I really enjoyed the hotel. It was clean and easy to access. I felt safe in the area and staff were polite. I would recommend this hotel to others than desire to stay in Jacksonville, North Carolina. Easy access to other area attractions, including Camp LeJeune.
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comfortable bed and room
September 28, 2016
Great stay from the time checked in to the time checked out.
staff very polite


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NASA's plan to capture asteroid has been delayed
NASA will decide on their approach to the mission next year.
Page 10
NASA will decide on their approach to the mission next year.
The controller now includes a d-pad on one of the trackpads.
Real, tangible hardware that looks and feels like the real deal is being developed.
Although the company is imposing some small limitations on its usage
A "Dragon Edition" is heading to China next year, following its initial launch.
Scientists also assert that weak magnetic fields from power lines are unlikely to have negative effects
The Computer Science Education Week saw President Obama trying out a lesson himself, and Prime Minister David Cameron also had a go at it.
it's still early days but Apple's NFC payment system has a long way to go yet.
Analysts suggest only one in ten with an iPhone are preparing to also get Apple's smart watch
A long running class-action antitrust lawsuit against Apple hangs in the balance after attorneys for the tech titan were able to prove that a class representative's previously undisclosed iPod touch was purchased three months after the class period for the case had ended.
Apple's chief executive, Tim Cook, has attempted to assuage fears over the company's fall in earnings, saying that the dip in stock price was a "huge overreaction" and that forthcoming iPhones will make people look back and ask "how did I live without this?"
Apple has notified app developers of a fix for a Russian hacker's method that let him make more than 8.4m fake in-app purchases and pass them on to users.
Samsung has confirmed that its smart TVs are erroneously inserting pop-up video adverts into television and movies played through third-party apps.
The Apple co-founder Steve Wozniak said he no longer recognises the company he built, thanks to creations such as the Apple Watch.
Self-made billionaire investor Carl Icahn is known for his very vocal endorsements and criticisms of the world's biggest public companies, including Apple. Yet when he appeared on CNBC on Thursday, he wasn't there to demand the company give shareholders dividends, as he'd been doing for years.
Despite having been the chief executive of Google for 10 years where he oversaw the launch of Android, and now the executive chairman of Google's holding company Alphabet, Eric Schmidt uses an iPhone.
There was a time a few years back when a lot of people bought a new smartphone every 18 months, as soon as the latest model dropped and their contract was up. But that has changed.
A new report suggests some iPhone 6 and iPhone 6+s might have bad memory controllers.
Combine the Oculus Rift with a 360⁰ treadmill, inside a tent that can alter temperature and other factors, and you've got some deep immersion.
Today's Apple latest features all new analyst predictions, and is Apple dropping a big hint by cutting the amount you can now get for an iPhone trade-in?
Smartphone and secure communications company BlackBerry will pull out of Pakistan by the end of the year over government intrusions into user privacy.
Members of the European parliament have voted through new rules that will scrap mobile roaming charges and stop holidaymakers returning home to the nightmare of a massive phone bill racked up on their travels.
Microsoft is bringing the thunder.


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Office of Career Services
Upcoming Events
Job Fairs Fall 2016
Graduate and Professional School Fair
Oct. 4, 2016
11 a.m. - 2 p.m., UC Ballroom
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Boston Dynamics' Atlas robot
Boston Dynamics' humanoid robot, Atlas.
Updated January 29, 2014 10:13:01
Boston Dynamics' humanoid robot, Atlas.
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7 Pet Care Jobs Found
Need occasional attention for my furry...
Posted by Mark H. on 11/26/2016
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- $10/visit
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My room mate is moving and I'll be a single pet parent. Most days the cat and dog are fine while I'm at work, but if I need to stay late here and there I'll need someone to check up on them.
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My boyfriend and I both work 9am-5pm and are looking for a place to leave our loving little fluffball during the work day where he can play and be looked after.
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Hi I have 6 pet 3 cats , 2 lab dogs and a young potbelly piggy I am looking for some who would be comfortable to work with a piggy . I just need some one to let the dogs and pig out in the afternoon and if i am comfortable some you stay and sit them if we ever go away . I have no children so my... More
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- 4+ pets
I am trying to plan a vacation in December and was looking to find rates/person who can come by once a day to change water, feed, scoop litter boxes. It may be a little more than a week, probably 10 days.


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On Second Thought is a one-hour, daily news talk show that airs at 9 a.m. ET weekdays.
A profile of "Gone With the Wind" author Margaret Mitchell. Includes re-creations based on her letters, and explores how racial issues affected her life. Tuesday, December 6 at 9 PM
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Wed., October 2, 2013 4:38am
NAACP's DuBose: Much Work Remains
After eight years leading the Georgia State Conference of the NAACP, Edward DuBose says inequality in the state's criminal justice system is the most significant issue greeting his successor. DuBose said the organization's next president also must ensure access to the polls now that the Supreme Court has struck down part of the Voting Rights Act of 1965.
Full Story
Fri., September 7, 2012 12:02pm
Columbus Expands Access To Voter IDs
Columbus officials concerned about residents having the proper identification to vote in November are expanding access this month. They're particularly worried about the impact of new driver's license renewal requirements. So for the next three Saturdays, elections officials will set up at the Columbus Public Library to check voters' registrations and issue voter ID cards for those who need them.
Mon., January 23, 2012 8:00am
Bill Makes Student ID OK For Voting
A photo ID issued by a college would be enough to prove a resident was eligible to vote under a bill being debated by Georgia lawmakers. State Rep. Alisha Morgan (D-Austell) has proposed adding student identification cards to the list of acceptable ID cards so long as they include a photo.
Fri., April 9, 2010 6:31am
Secretary Of State Wants Lawsuit Over Voter Citizenship Checks
Georgia's Secretary of State is asking state Attorney General Thurbert Bake
Fri., October 16, 2009 11:12am
Ga Voting Checks Rejected Again
The Department of Justice has once again rejected the system Georgia uses t


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91 Gregory Ln, Pleasant Hill, CA 94523Request info Add to list
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Global 2-Hydroxyethyl Methacrylate (HEMA) (CAS 868-77-9) Market Research Report 2016 Industry Growth, Trends, Size, Share and Analysis by 2021
This report provides detailed analysis of worldwide markets for 2-Hydroxyethyl Methacrylate (HEMA) (CAS 868-77-9) from 2011-2016, and provides extensive market forecasts (2016-2021) by region/country and subsectors. It covers the key technological and market trends in the 2-Hydroxyethyl Methacrylate (HEMA) (CAS 868-77-9) market and further lays out an analysis of the factors influencing the supply/demand for 2-Hydroxyethyl Methacrylate (HEMA) (CAS 868-77-9), and the opportunities/challenges faced by industry participants. It also acts as an essential tool to companies active across the value chain and to the new entrants by enabling them to capitalize the opportunities and develop business strategies.
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2-Hydroxyethyl methacrylate (CAS#: 868-77-9) is a clear, colorless liquid with a pungent, sweet odor. The product contains low levels of a polymerization inhibitor along with small amounts of methacrylic acid and ethylene oxide. The polymer is hydrophobic; however, when the polymer is subjected to water it will swell due to the molecule's hydrophilic pendant group. Depending on the physical and chemical structure of the polymer, it is capable of absorbing from 10 to 600% water relative to the dry weight. HEMA is used in the manufacture of acrylic polymers for adhesives, printing inks, and coatings for automotive, appliance, and metal applications.
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United States District Court, Ninth Circuit
December 5, 2013
EUGENE ACEVEDO, Plaintiff,v.UNITED STATES OF AMERICA, Defendant.
ORDER ON MOTIONS IN LIMINE FILED BY DEFENDANT UNITED STATES OF AMERICA [Dockect Nos. 24, 25, 26, 27]
ROGER T. BENITEZ, District Judge.
This matter is a medical malpractice lawsuit filed by Plaintiff Eugene Acevedo against the United States of America. Plaintiff alleges that a Veterans Administration hospital negligently failed to diagnose and treat a subdural hematoma, resulting in physical, emotional, and cognitive injuries. The matter is set for a bench trial before this Court on April 1, 2013.
Before this Court are four Motions In Limine filed by Defendant United States of America. (Docket Nos. 24-27). The Court rules as follows:
I. Motion In Limine to Preclude Expert Witnesses From Offering Opinions Not Included in their Rule 26(a)(2)(B) Reports
Defendant asks this Court to limit the direct testimony of Plaintiff's expert witnesses to the content of their Rule 26(a)(2)(B) reports. (Docket No. 24). The Plaintiff has only one expert witness, Dr. Peter Colaprete. (Pretrial Memorandum). Rule 26 of the Federal Rules of Evidence requires expert reports to contain "a complete statement of all opinions the witness will express and the basis and reasons for them." FED. R. CIV. P. 26(a)(2)(B)(I). Rule 37(c)(1) generally forbids the use at trial of any information that is not properly disclosed, unless it is substantially justified or harmless. FED. R. CIV. P. 37(c)(1); Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817, 827 (9th Cir. 2011). Plaintiff agrees that experts may not offer new opinions beyond the scope of their reports. (Opp'n at 7).
The parties appear to disagree, however, about which matters are beyond the scope of the expert report generated by Dr. Colaprete. (Def. Exh. A). Defendant contends that Dr. Colaprete discusses the standard of care, but provides only general statements about causation without discussing Plaintiff's injuries.[1] Defendant therefore asks that he be limited to these subject areas during trial testimony. Plaintiff argues that Colaprete's report "clearly states his reasoning for why Defendant's malpractice caused neurologic harm to the plaintiff." (Opp'n at 7). Plaintiff claims that the report concludes that the failure to diagnose and treat for two months caused neurological harm. ( Id. ) He contends that Colaprete addressed "his theories of causation and liability as precisely as is reasonable in a report." ( Id. ).
Neither party has asked this Court to rule on the admissibility of any particular statement or subject of testimony. It is unclear to this Court what statements from Plaintiff's expert the United States seeks to bar. To the extent the United States seeks a broad ruling preventing Dr. Colaprete to testify beyond a dry recitation of his report, their request is DENIED. However, Defendant may raise objections during trial, and the Court will issue rulings as appropriate. The parties may, however, file additional motions in limine to ask this Court to rule on particular subjects or lines of questioning.
II. Motion in Limine to Prohibit Rule 26(a)(2)(B) Expert Reports From Replacing Expert Testimony
Defendant asks this Court to rule that Plaintiff may not offer expert reports in lieu of presenting the live testimony of his expert witnesses. (Docket No. 25). The United States contends that expert medical testimony is required to prevail in a medical malpractice lawsuit of this type. (Docket No. 25, at 4-5). Plaintiff does not dispute the need for expert testimony. Defendant argues that the Colaprete report is an inadequate substitute for the live testimony of the expert.
Defendant first points out that the report is unsigned, rather than sworn under penalty of perjury. (Docket No. 25, at 6). An unsigned expert report cannot properly be taken into account in summary judgment proceedings. See, e.g., Shuffle Master, Inc. v. MP Games LLC, 553 F.Supp.2d 1202, 1210 (D. Nev. 2008) (collecting cases). Defendant argues that this rule should apply with greater force at trial. (Docket No. 25, at 6). Defendant also argues that it has not had an opportunity to cross-examine Plaintiff's expert. Although Defendant concedes it elected not to take Dr. Colaprete's deposition, it states that it was "opting instead to cross-examine him at the time of trial." ( Id. ) Defendant claims that, even if Plaintiff presented a signed declaration, Defendant would be deprived of its opportunity to cross-examine the only expert witness if the witness did not testify.
However, Plaintiff argues that Defendant agreed in open court to a stipulation that the written reports of experts were admissible "whether or not that witness was called to testify." (Opp'n at 8). Plaintiff further states that Defendant chose not to depose the witness, and cannot argue that it wishes to ask the witness questions beyond the report, given its motion in limine to limit expert testimony to the report. ( Id. )
Defendant disputes the Plaintiff's characterization of its agreement. "While the Government did not object to Plaintiff's statement that expert reports would be admissible, the purpose behind this was to aid the trier of fact, not to replace expert testimony. Specifically the Government did not agree that Plaintiff could meet his burden of proof by simply presenting a written report." (Reply at 2).
Review of the record indicates that, in open court and on the record, counsel for Plaintiff informed this Court that the parties had agreed the expert reports would be admissible, whether the party decided to call the expert as a live witness or not. Defendant's counsel did not say anything in response. The Pretrial Memorandum, filed one week prior to the Pretrial Conference, indicates that Plaintiff listed one expert witness and that the parties had agreed to the admissibility of the expert reports.
Defendant was present before this Court when counsel for Plaintiff stated that the parties had agreed that expert reports could be admitted, whether or not the witness was called to provide live testimony. Defendant did nothing to indicate to this Court that it disagreed with Plaintiff's characterization, or that it sought to attach conditions to its agreement. Defendant also knew that Plaintiff had only listed one expert. It was therefore entirely foreseeable that Plaintiff would seek to admit the expert report in lieu of his only witness when Defendant agreed to the stipulation.
However, the Court agrees with the United States that Plaintiff cannot enter an unsworn expert report. Witnesses are required to make an oath or affirmation to testify truthfully. FED. R. EVID. 603. The Government stipulated to the admissibility of a written report, but never stipulated to evidence that was offered without imposing an oath and the threat of perjury.
The motion in limine is GRANTED.
III. Motion in Limine to Limit Opinions of Treating Physicians to Those Contained in the Treatment Records
Rule 26(a)(2)(B) requires experts to submit written reports. An exception exists for treating physicians who are testifying about opinions formed during the course of treatment. Goodman, 644 F.3d at 826. However, if a treating physician reviews additional information and forms opinions outside the course of treatment, the treating physician exception does not apply and the physician must submit a Rule 26(a)(2) report in order to testify on those matters. Id. No Rule 26 expert reports were prepared by the treating physicians in this case. Defendant therefore asks this Court to order that treating physicians can only testify as to matters contained in the treatment records. (Docket No. 26).
Plaintiff agrees that treating physicians must be limited to the medical opinions reflected in their patient charts. However, Plaintiff points to comments by physicians in the charts that the neurological defects were caused by the bleeding in Plaintiff's brain. (Opp'n at 9). Plaintiff therefore contends that he may ask questions concerning the extent of the injuries and the basis for their opinion regarding the cause of the injuries. ( Id. )
Once more, the parties agree on the general legal principle, but indicate that they may disagree about specific applications at a future time. The motion in limine is therefore GRANTED, and the opinion testimony of treating physicians will be limited to those opinions formed in the course of treatment, whether recorded in records or not. As the parties have not asked this court to rule on whether a particular physician may properly testify about a specific subject area, this Court will defer ruling on specific questions until trial. The parties may submit additional motions in limine.
IV. Motion in Limine to Limit Lay Opinion
The United States asks this Court to limit lay opinion and inference testimony. Under Federal Rule of Evidence 701, lay opinion testimony is permitted where the opinion is a) rationally based on the witness's perception, b) helpful to clearly understanding the witness's testimony or to determining a fact in issue, and c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702. FED. R. EVID. 701.
The United States specifically asks this Court to restrict Plaintiff and his witnesses to what they personally heard or saw, and bar them from offering opinions about why certain things were done, what other people were thinking, their motivations, why treatment was provided or not, and matters that occurred outside their presence and observation. (Docket No. 27, at 4-5).
Plaintiff agrees that lay opinion testimony must be limited to observation and personal experiences, but asserts that lay witnesses may testify as to their perceptions of Plaintiff's conduct, mood, affect, and capabilities before and after the alleged malpractice. (Opp'n at 9).
The parties appear to agree that lay opinion must be limited. Plaintiff does not appear to disagree with any of the limits suggested by the United States. Therefore, the motion in limine is GRANTED. Subject to further order of this Court, lay witnesses are barred from offering testimony beyond that which Rule 701 permits. However, a lay witness is permitted to testify as to what he or she observed, and to give his or her opinion on certain matters, such as whether someone was nervous or intoxicated. See United States v. Mastberg, 503 F.2d 465, 470 (9th Cir. 1974). The parties have not requested a ruling on a specific statement or lay opinion, but may raise such issues as appropriate during trial or in a motion in limine.
V. Conclusion
A hearing on the motions in limine is currently set for March 3, 2014. If the parties wish to submit any additional motions in limine they must do so no later than 30 days prior to the hearing. If no additional motions are submitted, the hearing date will be vacated.
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Skip to comments.The Myth of Obamas Rhetorical Brilliance
Posted on 07/21/2012 3:29:12 PM PDT by Kaslin
Checking for context before slamming someone for a single line in a speech is always a noble endeavor. But theres a point when the benefit of the doubt becomes ridiculous. A prime example is the liberal argument that President Obamas you didnt build that comment wasnt directed at businesses:
When he made the comment in Roanoke, Va. Friday, Obama was arguing that businesses needed infrastructure investment to succeed.
"If you were successful, somebody along the line gave you some help," Obama said. "There was a great teacher somewhere in your life. Somebody helped to create this unbelievable American system that we have that allowed you to thrive. Somebody invested in roads and bridges. If youve got a business, you didnt build that. Somebody else made that happen."
The antecedent to "that" is not the business, but "roads and bridges," as well as the "American system" as a whole.
To believe that Obama was talking about businesses, you only have to watch his speech in context and take it at its literal meaning. To believe Obama was talking about something else, you have to divine certain messages from his ambiguous body language, assume he mixed up his demonstrative pronouns, and concede that the context was structured oddly. Even then, it isnt clear what exactly hes referring to.
How could this be, considering he's supposed to be one of the worlds most celebrated orators? The answer is, no teleprompter:
Judging from video and photos of the event, Obama wasnt using his teleprompter. According to the video footage posted below, Obama pulled a folded sheet of paper out of his front shirt pocket at the beginning of his speech, and slowly unfolded it. Throughout the speech, Obama glances down at his sheet of paper, rather than the usual mechanical side-to-side head turns from screen to screen.
Wide-angle photos of the event show no sign of the familiar twin-screens that typically follow Obama everywhere. Instead, a white sheet of paper is seen at the podium.
No wonder the speech was such a train wreck, and I'm not just talking about the most controversial line. Here's a key excerpt:
If you were successful somebody along the line gave you some help. There was a great teacher somewhere in your life. Somebody helped to create this unbelievable American system that we have that allowed you to thrive. Somebody invested in roads and bridges. If you own a business — that, you didnt build that. Somebody else made that happen. The Iternet didnt get invented on its own. Government research created the Internet so that all the companies could make money off the Internet. The point is, is that when we succeed, we succeed because of our individual initiative, but also because we do things together. There are some things, just like fighting fires, we dont do on our own. I mean, imagine if everybody had their own fire service. That would be a hard way to organize fighting fires.
Stilted, flat, unimaginative and full of banal observations. Imagine if everybody had their own fire service, he said at one point. That would be a hard way to organize fighting fires. Really? It actually sounds like firefighting would be pretty easy if America had 300 million fire services. Not that this is physically possible, or that anybody has ever proposed such a thing. Government research created the Internet so that all the companies could make money off the Internet, he added. The idea that the government created the Internet to help companies make money is so obviously inaccurate that its not even worth discussing. And what does any of this have to do with raising federal income taxes?
For the past four years, liberals have tried to sell us on the idea that Obama is one of the greatest speakers of all time. Now theyre complaining that conservatives are taking his words literally and not cutting him enough slack. Which one is it?
Fire service? Who uses that phrasing? A foreigner, that's who. Fire department.
Now, ask a Conservative to recite some stupid things that they remember Obama saying, and you'd better pull up a chair -- there is a lot to talk about.
While I understand your point - it's wrong, lots of people use that term who are not foreigners. I live in an area that has only volunteer fire departments and we do make references to fire service.
With Obama, it's "blah blah blah BLAH, BLAH BLAH blah. blah blah BLAH, BLAH blah." His cadences make me cringe.
This is how he thinks. He believes in collective ownership. He believes that it PERMITS success, instead of aiding it.
Maybe it translates from Indonesian to fire service?
Can any man be rhetorically brilliant or eloquent if he makes you skin crawl when he talks?
Video: Obama Salutes The Navy Corpse-Men (Oct 26, 2009)
Video: Obama Salutes The Navy Corpse-Men (Feb 4, 2010)
Obama was arguing that businesses needed infrastructure investment to succeed."
He was also clearly implying the The People collectively have a stake in all businesses that they "allowed" to thrive.
As to rescinding that allowance without committing suicide, I'm afraid we will have allowed them to try.
I wonder if BO knows any other terms for when the people (or the gov't) own the means of production. Hmmm. I bet a smart guy like that could come up with a couple.
Liberals have often made speeches referring to wealthy people as "winners of life's lottery." The less credit given to individuals who succeed by dint of hard work, creativity, intelligence, and risk-taking, the easier it is to justify confiscating their wealth, since "they didn't really earn it."
Many of us have been around a friend who suddenly got a good deal of money that he actually didn't earn. Perhaps that 50-1 longshot came in, or maybe he had a long-lost relative who left him a bunch of dough. Often, the guy will say, "Hey--I caught a real break today--dinner's on me." If he doesn't offer, his friends might tease and cajole him into sharing a small portion of his serendipity.
That's a different story from a guy who breaks his butt doing heavy labor and gets his paycheck. His buddies are a lot less likely to expect him to share what he earned, as opposed to money he came by without the sweat of his brow.
Hence--the Obama speech. You didn't earn it, the government had a big part in your success--therefore, we can raise your taxes and take a lot of it away.
http://fireserviceinc.com/ ~ since 1991 there's a company in St. John Indiana been using the name. In 2009 CNNMoney ranked it the 48th best place among the top 100 to live in America.
Its worse than that, Just seeing the Kenyon Punk and/or his sister Lousy and Bro Reid makes MY skin crawl.
How about "collective" or "commune?" Do you think he knows those words? We already know he knows "redistribution."
I always hated listening to George Bush speak. It was painful listening to him suffer through his speeches. With Obama, it's painful listening to the pride and arrogance, not to mention his idiotic way of stressing the last of each sentence. It's like the twinkie fag thinks inflection equals importance. Then again, he could be doing it to alert the teleprompter that it is time to move to the next sentence. Maybe he should do like Kerry, or maybe it was Gore, who had an earpiece telling him what to say.
There's no denying that, but why he would want to impose such a system on us is the question. It's like he picked up the wrong lessons from somebody.
I hope everybody nows that once this guy is booted out of government he's still going to be around for the far Leftwingtards to use.
President Bush's address to the joint session of Congress on 9/20/01 is one of the best political speeches I have ever heard, by anyone.
Also, Obama has a talent for mimicking conservative phraseology when it serves his purpose. His shell game with words seems to lull voters to sleep. On occasion, however, his mask slips, and his revolutionary venom pours out.
This last week's provocations do seem to have evoked some real anger--hell, even Romney sounded pissed off! Let's hope the light is beginning to shine in the mushy moderates' heads.
Actually, Obama was referring to "bridges," not "businesses."
But he's the one who garbled the sentence, and since when have the Marxists ever failed to seize on the worst possible interpretation of any conservative's ambiguous statement?
To all those who are blasting Obama for saying "...if you have a business, you didn't build that..."—Keep it up!
Why has no prominent GOP person highlighted the fact that all of Obama's references in this screed, save the internet stupidity, involve the workings of state and local govt. Since the days of Barry Goldwater the conservative movement in America has stoutly advanced the cause of local govt and federalism. It would be simple to coopt Obama's ideas that govt provides services essential for society.But that it's local govt that creates the conditions for business success.The GOP can do this and still forcefully attack the Leviathan we call the federal govt. In fact it makes the attack more viable as it would remove the meme that the right is anti govt.
Obama speaks from personal experience. He, himself, has NEVER earned anything or achieved anything on his own. He spent his lifetime bleeding the "token" system. For that reason, alone, he has had no personal experience in actually earning something himself. He actually believes what he is saying because this is the world he lives in. This is also why he says foolish things about "special olympics" etc. While the rest of us have had political correctness ingrained in us, he - as a minority - has been exempt from having to use tact while speaking. While many minority men and women have earned what they have through hard work, Obama is simply not one of them.
President Bush's voice was pleasant to listen too.
IMO, Obama was referring to the roads and bridges, à la Elizabeth Warren's "You brought your goods to market on roads other people built and paid for". He cribbed it from her. Both are guilty of silly reductionist thinking. As one commenter said, "Well, DUH! We all stand on the shoulders of preceding generations. That's not news to anyone."
Early on people were missing the cribbing from Lizzie Warren. Now I think people have got that point down.
The other point is listen to the crowd noise during the speech. The crowd is clearly egging him on with the usual "Uh-huhs" and "you tell its" and that sort of thing. I think he made the amateur mistake of getting caught up in the (negative) energy of the crowd. I don't think this point has been made, maybe at all.
You can also hear him dropping his "g"s at the ends of words obviously playing to the crowd and trying to sound more authentic. What a putz.
He should speak offTELEPOTUS more often.
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The beauty in any garden is the child who helps tend it. Make your gardens child friendly, you teach by example. Grandma's Princess Tayte can't wait to get back out to help plant, weed and pick vases full.
By Joyce from Benson, MN
Just had to enlarge the picture to see that sweet little girl. What a doll! J.B.
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Court of Appeals of Columbia District
July 11, 2013
In re Stephanie Y. Bradley, Respondent.
Argued March 21, 2013.
A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 288910).
On Report and Recommendation of the Board on Professional Responsibility (BDN 240-04, 302-04).
Melvin G. Bergman for respondent.
Traci M. Tait, Assistant Bar Counsel, with whom Wallace E. Shipp. Jr., Bar Counsel, and Jennifer P. Lyman, Senior Assistant Bar Counsel, were on the brief, for the Office of Bar Counsel.
Before Washington, Chief Judge, Thompson, Associate Judge, and Schwelb, Senior Judge.
This disciplinary case is before us on exceptions filed by respondent, Stephanie Y. Bradley, to the Report and Recommendation of the Board on Professional Responsibility (the "Board"). The Board found that respondent committed one violation of Rule 1.1 (a) (incompetence), one violation of Rule 1.1 (b) (failure to employ requisite skill and care commensurate with practitioners in similar matters), one violation of Rule 1.3 (a) (lack of diligence and zeal), one violation of Rule 1.3 (b)(1) (intentional failure to seek clients' lawful objectives), one violation of Rule 1.3 (c) (failure to act with reasonable promptness), and one violation of Rule 8.4 (d) (serious interference with administration of justice) in her role as court-appointed guardian for Calvin Beard between 1994 and 2004 and Mary E. Brooks between 1999 and 2003. The Board also found that respondent intentionally testified falsely at her disciplinary hearing before the Hearing Committee. The Board recommends sanctioning respondent with a two-year suspension followed by a requirement that she show her fitness to resume the practice of law. Respondent takes exception to the Board's finding that she was deliberately dishonest in her testimony before the Hearing Committee and the Board's enhanced sanction based on that finding. For the reasons stated below, we adopt the Board's findings and recommended sanction and order a two-year suspension, with reinstatement conditioned upon a showing of fitness.
A. Calvin Beard
In September 1994, respondent was appointed by the Superior Court of the District of Columbia to serve as the guardian for Calvin Beard, a man with developmental disabilities who was also the victim of a severe head trauma that left him hospitalized for several months. Once Mr. Beard's condition stabilized, respondent arranged for his transfer on December 2, 1994 to Cuppett & Weeks, a nursing home located three to four hours from the District of Columbia in Oakland, Maryland. After his transfer, respondent almost completely abandoned Mr. Beard in the nursing home for the next ten years, visiting him only twice within an eight-year period, participating in none of the quarterly care plan meetings with the nursing home staff from 1995 until Mr. Beard was discharged nine years later, and filing only three of the required semi-annual reports to the Superior Court, two at the beginning of the period and one eight years later.[1]
At the time of his injury, Mr. Beard was homeless and his family, who lived in Louisiana and Texas, did not know where he was. Respondent did not respond to repeated phone calls and letters from Mr. Beard's family, who independently located Mr. Beard in 1997, and ignored requests by the family to have him transferred to a nursing home facility near the family in Louisiana, as well as a direct transfer request from that nursing home. Mr. Beard's family testified that Mr. Beard wanted to move closer to them and had asked them to "get him out of there." In 2004, Mr. Beard's family retained counsel to have respondent removed as Mr. Beard's guardian and succeeded in transferring Mr. Beard to a halfway house in Texas near his brother. On July 13, 2004, Mr. Beard's brother filed a complaint against respondent with the Office of Bar Counsel.
B. Mary E. Brooks
In January 1999, respondent was appointed guardian and conservator by the Superior Court of the District of Columbia for Mary E. Brooks, an elderly and infirm woman who had between $200, 000 and $250, 000 embezzled from one of her bank accounts by a purported family friend and caretaker, Ronnie Hall. Once appointed, respondent failed to prevent Mr. Hall from continuing to embezzle money from Ms. Brooks; failed to marshal, recover, and safeguard Ms. Brooks's assets; failed to file for benefits due Ms. Brooks under a life insurance policy and a civil service lump sum benefit; and failed to file Ms. Brooks's tax returns for the five years that respondent represented Ms. Brooks, resulting in unnecessary attachments and penalties. In 2003, Ms. Brooks's niece had her attorney, Steven Weinberg, petition to have respondent removed as personal representative of Ms. Brooks's estate and he was appointed in her stead. Mr. Weinberg sued respondent for the hundreds of thousands of dollars of losses sustained by Ms. Brooks and her estate during respondent's tenure, eventually recovering over $400, 000. On May 24, 2004, after attempting on several occasions to obtain information from respondent without success, Mr. Weinberg filed a complaint against respondent with the Office of Bar Counsel on behalf of his client and as the successor guardian and conservator to Ms. Brooks and her estate.
C. Testimony before the Hearing Committee
On July 29, 2010, the Office of Bar Counsel filed charges against respondent in response to the complaints against Mr. Beard and Ms. Brooks. At her hearing on March 1-3, 2011, respondent testified before the Hearing Committee that she "often" spoke with Mr. Beard by telephone and attended most of his quarterly care plan meetings by telephone. Respondent also testified that she visited Mr. Beard "usually, three times a year" on her way to her parents' vacation home in Massanutten, Virginia. Respondent's testimony was contradicted, however, by the nursing home staff who testified that respondent did not participate in any of the meetings for nine years, beginning in 1995. Mr. Beard's social worker could not recall a single time when respondent called or visited Mr. Beard in the eight years the social worker worked with him. There was also no evidence presented supporting such contacts with Mr. Beard or his caregivers; respondent never submitted petitions for compensation for legal services or reimbursement costs associated with these purported visits or long-distance telephone calls. Moreover, to reach the nursing home, appellant would have had to drive 130 miles out of the way on her route to her parents' vacation home.
Nevertheless, the Hearing Committee found that respondent "seemed honest" when she testified and found that there was nothing in her demeanor to suggest that her testimony was intentionally false, noting that she was trying to remember events from seven to fifteen years in the past. The Hearing Committee still concluded, however, that respondent's testimony about regularly checking on Mr. Beard's care was incredible and found respondent to have acted negligently and incompetently as guardian to Mr. Beard and Ms. Brooks. The Hearing Committee recommended that respondent receive a ninety-day suspension as a sanction.
The Board adopted most of the Hearing Committee's findings and conclusions, but concluded that the Hearing Committee's finding that respondent's false testimony was not intentional was "inconsistent with the substantial record evidence." The Board concluded that respondent intentionally lied to the Hearing Committee and that her false testimony before the Committee constituted a significant aggravating factor warranting a two-year suspension, with reinstatement conditioned upon a showing of her fitness to resume the practice of law. In recommending a two-year suspension, the Board also relied upon the fact that respondent had been informally admonished by Bar Counsel on three prior occasions, twice for incompetently and non-diligently handling probate matters for two separate clients during the same time period she was serving as a guardian for Mr. Beard and Ms. Brooks, and again several years later, after the present case began, for failing to provide a sufficient writing clearly setting forth the basis of her legal fee.
Before this court, respondent admits that she testified falsely before the Hearing Committee about certain events involving Mr. Beard, but denies that she did so intentionally, arguing that any false statement contained in her testimony was inadvertent and due to the difficulty of "reconstructing a distant memory." Because the Hearing Committee found her testimony to be seemingly honest and sincere, respondent argues that the Board's ultimate finding, that she intentionally misrepresented facts to the Hearing Committee, was overreaching. Respondent contends that the Board improperly extrapolated only certain facts from the evidence in this case to support its findings that respondent intentionally testified falsely while ignoring the fact that the rest of her testimony was considered credible. Respondent further argues that, in its ultimate finding that she intentionally testified falsely, the Board ignored important factors taken into account by the Hearing Committee, namely her credibility, demeanor, candor, sincerity, and truthfulness in her overall testimony.
When examining a Report and Recommendation from the Board on Professional Responsibility, "[t]he scope of our review . . . is limited." In re Bailey, 883 A.2d 106, 115 (D.C. 2005) (internal citation and quotation marks omitted). We "shall accept the findings of fact made by the Board unless they are unsupported by substantial evidence of record." D.C. Bar R. XI, § 9 (h)(1). "[T]he Board has the power to make its own factual findings and forward them to the court [of appeals] with a recommendation, " In re Temple, 629 A.2d 1203, 1208 (D.C. 1993), however, "the Board must accept the Hearing Committee's evidentiary findings, including credibility findings, if they are supported by substantial evidence in the record." In re Cleaver-Bascombe, 892 A.2d 396, 401 (D.C. 2006) (emphasis added). Although, in general, reviewing bodies accord considerable deference to credibility findings by a trier of fact who has had the opportunity to observe the witnesses and assess their demeanor, "there are certain times when a [reviewing body] must override such a determination by examining evidence in the record that detracts from the [trier of fact's] finding." Eilers v. District of Columbia Bureau of Motor Vehicle Servs., 583 A.2d 677, 685 (D.C. 1990) (quoting First Nat' l Bank of Bellaire v. Comptroller of the Currency, 697 F.2d 674, 687 (5th Cir. 1983)). Moreover, the Board and this court owe no deference to the Hearing Committee's determination of "ultimate facts, " which are really conclusions of law and thus are reviewed de novo. See In re Anderson, 778 A.2d 330, 339 n.5 (D.C. 2001). "Utimate facts" are those that have a clear "legal consequence." See In re Micheel, 610 A.2d 231, 235 (D.C. 1992). Whether respondent gave sanctionable false testimony before the Hearing Committee is a question of ultimate legal fact that the Board and this court review de novo.
The Board did not err in concluding that respondent was intentionally untruthful in her testimony before the Hearing Committee in the matter involving Mr. Beard. Despite the Hearing Committee's finding that respondent's demeanor "seemed honest, " there is no factual support in the record for the Committee's conclusion that she simply misremembered what had occurred in terms of her representation of Mr. Beard in this case. Although respondent testified that she visited him multiple times a year and that she was often in contact with the nursing home, she failed to produce any records, such as a compensation request or a nursing home visitor or telephone call log to support her representations. More importantly, her testimony was contradicted by social workers at the nursing home who testified that they could not recall a single instance when respondent called or visited Mr. Beard.
What further confirms for us that this was a knowing misrepresentation as opposed to a mere failure to remember, however, is the level of detail about the visits respondent paid to Mr. Beard in this case. Respondent testified to events—for example, traveling great distances to visit Mr. Beard in the nursing home multiple times a year over ten years—that are not the kind of events one simply misremembers. See In re Ukwu, 926 A.2d 1106, 1118 & n.23 (D.C. 2007) (attorney "could hardly have "forgotten' that the [client] paid him in cash" such that an "unintentional failure to recollect a cash payment of $1, 200, under the circumstances in which that payment was made, is improbable to say the least"). Moreover, respondent provided detailed testimony that she visited Mr. Beard while on her way to her parents' time share in Massanutten, Virginia, and that her visits lasted for about forty-five minutes and occurred just before eight o'clock in the evening, testimony which strongly undermines any finding that she simply misremembered the details of her visit. The fact that respondent would have had to drive 130 miles out of the way to reach Mr. Beard's nursing home on her route to her parents' vacation home further undercuts the conclusion that respondent was merely misremembering the circumstances involved in her representation of Mr. Beard.
Other than the passage of time, there is no evidence in the record to support a finding that respondent was merely confused and that her detailed testimony was inadvertent and not intentional. For example, no evidence was presented that respondent was a guardian for other clients at the same nursing home as Mr. Beard or that she represented clients in other nursing homes in the immediate area where Mr. Beard was living. It is one thing to fail to recall specific facts about important events after a significant amount of time has elapsed; it is another thing entirely to have a specific memory of an event that never took place. While we generally defer to credibility determinations made by Hearing Committee members who are in a better position than either the Board or this court to assess the truthfulness of witness testimony, we are persuaded, as was the Board, that in this case, respondent's testimony was not the innocent product of a faulty memory but was an intentional falsehood designed to mislead the Hearing Committee.
A. Length of Suspension
Respondent also argues that the facts of her case do not warrant the two-year suspension recommended by the Board. We defer to the Board's recommended sanction "unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or would otherwise be unwarranted." D.C. Bar. R. XI, § 9 (h)(1).
On the facts of this case, a two-year suspension is warranted and within the range of acceptable outcomes. Respondent knowingly and repeatedly caused serious damage to her probate clients through her neglect. Because of respondent's neglect, Mr. Beard remained in a nursing home without any outside contact for years and missed an opportunity to be transferred to a nursing home located closer to his family. Respondent's neglect of Ms. Brooks resulted in her and her estate losing hundreds of thousands of dollars. The length of respondent's intentional neglect—ten years for Mr. Beard and five for Ms. Brooks—further aggravates the seriousness of her actions. Moreover, respondent had previously received three informal admonitions, two of which involved neglect of probate clients. See In re Lyles, 680 A.2d 408, 418 (D.C. 1996) (citing cases and explaining that an attorney can be suspended for two years or more for serious neglect coupled with multiple other serious violations and prior discipline); see also In re Steele, 868 A.2d 146, 154 (D.C. 2005) (imposing three-year suspension for attorney who repeatedly failed to respond or respond truthfully to five clients and who neglected to file claims for or respond to ongoing litigation on behalf of the clients over several years causing all clients to lose their claims); In re Mintz, 626 A.2d 926, 928 (D.C. 1993) (imposing two-year suspension for failing to file complaints for four clients and completely ignoring clients calls and letters); In re Delate, 598 A.2d 154, 161 (D.C. 1991) (imposing a two-year suspension on a court-appointed conservator of estate who neglected to file yearly accountings, pay medical bills, cooperate with estate's new attorney, respond to Bar Counsel requests or attend any hearings, and who had been previously disciplined for two instances of similar behavior).
In addition, respondent's false testimony before the Hearing Committee "is a significant aggravating factor" that warrants imposing a sanction greater than the Hearing Committee's recommended ninety-day suspension. See In re Cleaver-Bascombe, 892 A.2d at 412-13 (remanding the Board's findings with instructions for a more severe sanction than the recommended ninety-day suspension if the attorney was found to have intentionally produced fraudulent documents and then deliberately testified falsely about it). Thus, we hold that the two-year suspension recommended by the Board is an appropriate sanction in this case.
B. Fitness Requirement
Respondent also argues that the facts of her case do not warrant imposing a requirement that she demonstrate her fitness to resume the practice of law. We have held a fitness requirement to be appropriate where clear and convincing evidence creates "serious concerns about whether [respondent] will act ethically and competently in the future, after the period of suspension has run." In re Cater, 887 A.2d 1, 22 (D.C. 2005). "In most cases, it is the attorney's misconduct . . . that casts the requisite serious doubt on the attorney's fitness." Id. at 24-25 (citation omitted). However, even if the misconduct "is not grave enough by itself to evoke such doubt, " other "aggravating facts [may] justify enhancing the sanction of suspension with a fitness requirement." Id. at 25. In total, this court looks to five factors:
(1) the nature and circumstances of the misconduct for which the attorney was disciplined; (2) whether the attorney recognizes the seriousness of the misconduct; (3) the attorney's conduct since discipline was imposed, including the steps taken to remedy past wrongs and prevent the future ones; (4) the attorney's present character; and (5) the attorney's present qualifications and competence to practice law.
Id. at 21 (citing In re Roundtree, 503 A.2d 1215, 1217 (D.C. 1985)).
Here, respondent's severe, multi-year neglect of two clients is sufficient in itself to warrant the imposition of a fitness requirement. See In re Boykins, 999 A.2d 166, 177-78 (D.C. 2010) (imposing fitness requirement where attorney negligently misappropriated client funds and neglected client matters); In re Slaughter, 929 A.2d 433, 448 (D.C. 2007) (imposing fitness requirement and three-year suspension upon attorney who engaged in forgery and dishonest conduct during a three-year period); In re Ukwu, 926 A.2d at 1106 (imposing fitness requirement and a two-year suspension upon attorney who engaged in dishonest conduct in the representation of five clients and neglected the interests of one client). Moreover, this court has been especially supportive of fitness requirements when a respondent's conduct "evince[s] indifference (or worse) toward the disciplinary procedures by which the Bar regulates itself, " such as intentionally misleading Bar Counsel during its investigation. In re Cater, 887 A.2d at 25, 26 ("Even if we merely considered the three cases in which respondent has failed to respond to Bar Counsel's inquiries and the Board's orders, we would find a fitness requirement consistent with the dispositions in comparable cases . . . .").
In addition, there is no record evidence that respondent recognizes the seriousness of her misconduct or has taken responsibility for her actions. Though she admits that she did not handle certain things well, her testimony before the Hearing Committee consisted largely of excuses as to her handling of Ms. Brooks's case and false testimony about her handling of Mr. Beard's care. In addition, respondent was previously admonished for her failure to competently handle two other probate matters during the same period when she was grossly neglecting Ms. Brooks's probate matter and Mr. Beard's care. These instances of misconduct also raise serious concerns about respondent's ability to act competently in the future. We therefore adopt the Board's recommendation that respondent be required to demonstrate that she is fit to practice law before being reinstated as a member of the District of Columbia Bar.
For the foregoing reasons, respondent Stephanie Y. Bradley is hereby suspended from the practice of law in the District of Columbia for a period of two years with her reinstatement conditioned on a demonstration that she is fit to resume the practice of law pursuant to D.C. Bar R. XI, § 16.
So ordered.
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[July 07, 2014]
Address communications infrastructure challenges for smart grid development and metering deployment with the DCC, DECC, E.ON, ESB, ZigBee Alliance, SmartGridGB and more
(M2 PressWIRE Via Acquire Media NewsEdge) SMi's 4th annual Telecoms for Smart Grids conference will address the development of both UK and European communications infrastructure for smart grid development and metering deployment, data communication infrastructure and integration, substation automation, distribution network upgrades, and business process management. The two-day programme will also cover the onset of M2M communications technology with challenges and risks in delivering a fit-for-purpose, secure systems with leading utilities, government and communication technology authorities sharing valuable insights on current pilot projects, challenges and solutions.
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Cortland K9 Frenky Gets Protective Vest
K9 Frenky has gotten a bullet and stab protective vest from Vested Interest in K9s.
K9 Frenky has gotten a bullet and stab protective vest from Vested Interest in K9s.
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The proliferation of "creepy clown" reports around the United States has prompted the Binghamton police chief to issue an unusual statement.
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text:
Curried Fish Soup
|Frozen fish fillets
|16 Ounce (1 Package)
|Chopped onions
|1⁄2 Cup (8 tbs)
|Chopped celery
|1⁄2 Cup (8 tbs)
|Chopped carrot
|1⁄2 Cup (8 tbs)
|Curry powder
|2 Teaspoon
|2 Tablespoon
|Canned chicken broth
|29 Ounce (2 Cans, 14 1/2 Ounce Each)
|1 1⁄2 Cup (24 tbs)
|4 Teaspoon
Thaw fish at room temperature for 20 minutes. Cut the fish into 1/2-inch pieces; set aside.
In a 3-quart saucepan cook the onion, celery, carrot, and curry powder in the butter or margarine till vegetables are tender but not brown.
Stir in chicken broth all at once. Cook and stir about 5 minutes or till bubbly; stir in pieces of fish. Cook and stir for 4 to 5 minutes more or till fish flakes easily.
Meanwhile, combine milk and cornstarch. Stir into fish mixture. Cook and stir till thickened and bubbly. Cook and stir 2 minutes more.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 1127 Calories from Fat 460
% Daily Value*
Total Fat 52 g80%
Saturated Fat 23.5 g117.6%
Trans Fat 0 g
Cholesterol 398.4 mg132.8%
Sodium 887.9 mg37%
Total Carbohydrates 67 g22.5%
Dietary Fiber 7.6 g30.4%
Sugars 26.7 g
Protein 111 g221.6%
Vitamin A 243.1% Vitamin C 21.2%
Calcium 77.5% Iron 29.8%
*Based on a 2000 Calorie diet


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