Friday, May 22, 2009
Wednesday, May 20, 2009
Today i helped on a deposition which is a sworn statement given under oath and questioning by an attorney. The deposition had a stenographer at one end of the table and the lawyer from the other side on one side.and Mr. Stanton on one side of a long table with the City employee next to him. The lawyer asked question about a vacant lot in the City and the City worker who was a department head had to answer the questions truthfully. What i noticed was that the City worker only answered the question asked and never elaborated on it. The lawyer told me that is important because if you try and do more than the question asked you usually say something you regret. The Deposition took about an hour and the lawyers were respectful to each other but during the deposition they often said things on the record to preserve their rights.I helped in preparing the witness, drove to the deposition and reviewed when we got back.
Tuesday, May 19, 2009
Today I worked on a case where a person slipped and fell while getting out of her car in a vacant lot that the City owns. the City';s position is that she should not have been trespassing on City land and they ares responsible. However, the woman claims that the area was plowed and that she thought it was a parking. The City does not plow the property because they don't use it. the city attorney suspects that someones plowed the lot ( restaurant owner in the area) and allowed his customers to Park there. In any event the City will not pay the claim even thought the woman broker her arm. i had to review pleadings and discovery that the parties had exchanged.
Monday, May 18, 2009
Today was sort of an interesting day. There was a claim that came in from a woman who claimed her tire went flat as the result of hitting a staple that was in a area of the road that the city had just opened up to fix a pipe in the ground and then covered up. The claim is that a staple in the road must have washed into the area that the city put a gravel patch in and then punctured her tire. The City denied the claim because the crew that dud the hole, fixed the pipe, and then backfilled in never had any staples on them. The city also has to put a temporary patch in first and have the soil compacted first before they pave it over. If they pave it over first the blacktop will sink. So it looks like the City was not negligent and they did not pay the claim. The other thing I worked on was a letter to help the city collect on unpaid taxes. It was complicated but people that don't pay the taxes on their homes have the city file a notice that tells anyone that tries to buy the house that the city is owed money and the City's tax bill must be paid first.
Saturday, May 16, 2009
Thursday, May 14, 2009
Wednesday, May 13, 2009
Tuesday, May 12, 2009
Today I had to go through 4 big boxes containing hundreds of documents that involve a case where the city got sued for a person who was arrested and then release by the police and harmed himself. Most of the documents were lawyers letters back and forth but other items I had to look at were medical records and photographs. It apparently was a very big case that the city tried and lost at a jury trial. But the City felt that the judge made a mistake in explaining the law to the jury and the city was appealing that error. Even though the issues on appeal do not have to do with a lot of the material in the file, it still has to be assembled for the appeal. I began to work on it but could not finish and they told me a law student coming in next week would probably spend about two weeks putting the whole case in the proper order and making all the copies.
Monday, May 11, 2009
Today I reviewed some documents on a tax case. I went to the Registry of deeds and spoke with a title examiner who was recording information on tax documents for the City. I also watched as his used a computer system to run down information on a price of property was was being sold because the property owner owed too much money to the back. the attorney explained to me a little bit about the process of bidders needing to know how much money was owed on the property before they could bid. The Registry of Deeds is an old building but had huge tv's that displayed information scattered throughout the building. There was old dusty books but most people were using the modern computers at the building.
Sunday, May 10, 2009
Thursday, May 7, 2009
Today I worked on Civil rights case involving a City employee. It was a very large case taking up 4 draws of a filing cabinet, each draw held 3 feet of paper meaning it was more than 12 feet of just paperwork! I was asked to sort through the correspondence since January between the lawyers, court, and people involved in the case and it took more than four hours and was hundreds of pieces of paper including letters, motions, doctor’s opinion and expert reports. Some documents were marked “confidential” and the lawyer explained to me that when he spoke to different Departments in the City he had to mark certain things that way otherwise they could be subject to a law in Massachusetts that says almost all records held by the City are available to the public. However, because the case was in litigation he had things that he had to discuss with Department Heads in confidence so they are marked “Confidential” so that he could do his job and represent the City. But he said that he may still have to disclose the records to a judge “in camera” to make sure they could be kept confidential. A Judge could then make sure he was not violating the law. The lawyer told me he must always be careful to keep to the facts and his legal opinion on a case so that he does not make an inappropriate comment that could harm the city or its reputation. Even though I spent hours on the case, and even though he tried to explain portions of it to me it seemed way too complex.