Tuesday, December 2, 2014

George Galgano on Subpoenas


A subpoena is an important legal document – one that needs to be looked at carefully and requires some action. An individual, who is served with a subpoena, is required to appear in court, at a deposition, or other legal proceeding. He must give testimony, information, or bring certain documents. A person who doesn’t follow the directions on the subpoena may be subject to legal penalties such fines or jail time.

Two types of subpoenas

One kind of subpoena is called subpoena ad testificandum. The person named on the subpoena must testify before a court or be present for a deposition to give information. A Subpoena ducus tecum requires a person to bring specified documents, material, or other tangible evidence to be presented in court. These subpoenas are commonly used in divorce, child custody and personal injury cases.

Purpose of subpoenas

Subpoenas allow lawyers to get information that may help with their client’s case. Information and testimony, as well as documents and materials in both civil and criminal cases, help with settlement of the case or proving guilt or innocence. Requests can be made for DNA samples, medical bills, photos and employment records.

Serving a subpoena

Before a subpoena is served, it must be signed by an attorney or by an administrative law judge. There are a number of ways it can be served. It may be hand-delivered, E-mailed, sent by certified mail, or read aloud to the recipient.

Response to a subpoena

An individual should never ignore a subpoena. Read the document thoroughly and determine who is asking for information and the reason. If you don’t bring the documents that are asked for, it can slow down the legal process. Note the date you need to be present. 

Compliance to a subpoena

If a person doesn’t comply with the terms set out in the subpoena, they are subject to contempt and may be subject to fines or jail.

When a person receives a subpoena, they need to realize that it is an official document. It needs to be carefully read to know what needs to be brought to court and why it is necessary. The date and time one needs to appear to give testimony must be noted. If any individual doesn’t understand the terms of a subpoena, a lawyer can give you answers. Failure to comply with the terms of any subpoena can result in fines or jail. 

Thursday, November 20, 2014

George Galgano on why to become a Lawyer in New York


People become lawyers in New York for a variety of reasons, from financial freedom, personal and professional challenge, to social status. Some of the more common reasons for becoming a lawyer are listed in this article.

The Ability to Help Others

A lawyer in New York has an ability to help others in ways most professions cannot. People may be taken advantage of without the sage advice of a lawyer or their advocacy on behalf of their client. Many lawyers practice in public interest law full time, while others may devote a portion of their time to pro bono causes, providing assistance to those who need it but cannot afford it. Many New York lawyers will state their greatest joy comes from assisting an underprivileged client.

Ability to Make a Difference

Through their unique education, training and experience, a lawyer in New York stands in a position to influence lawmaking, the rules of our society. A lawyer’s training focuses not merely on the law as it is currently written, but on how the law is applied to everyday situations. The well educated lawyer has an understanding of why a proposed law may or work. New York continues to be one of the most progressive states in the country for lawmaking, and other states continue to look to New York for guidance in lawmaking and New York court opinions continue to be regularly cited by courts of other states. 

Practicing Law in the Financial Capital of the World

For those practicing business law, corporate law, trade or international law, New York remains the financial capital of the world. The opportunities afforded a business practice are endless, and surpass any other area of the country. There are abilities to represent multinational corporations, international traders, businesses headquartered in New York a business lawyer’s expertise is needed. If a business lawyer wants to go where the action is, New York is difficult to beat.

Friday, November 7, 2014

Making Thanksgiving A National Holiday Free From Work?


How many among us count Thanksgiving as our favorite holiday? There is the turkey to look forward to, seeing your family and friends, watching a football game, and taking the post meal nap after eating too much. Thanksgiving is a celebration of togetherness and gluttony, making it the quintessential American holiday. Here is my, George Galgano's, take on the situation.

Should We Pass A Law Making Thanksgiving A National Holiday Free From Work?

Increasingly, there is another Thanksgiving tradition that is making the rounds. Retail workers can look forward to cramming their food down quickly and briefly spending time with their loved ones. This is because they have something more important to do. They have to go to work so people can go shopping.

It didn’t use to be this way. Some time ago, Black Friday meant what it said. Shoppers woke up super early Friday morning to score great deals. Then times started changing. The new normal was midnight; then it was 9pm on Thanksgiving. And then we got the news for this year: stores would open at 5pm on Thanksgiving.

JC Penny gets the inglorious award of opening at 5pm on Thanksgiving. To make matters worse, they are not the biggest offenders. Kmart is opening at the staggeringly early time of 6am on Thanksgiving and they will stay open for 42 hours straight. Other Thanksgiving offenders include the majority of the major retail outlets: Walmart, Macys, Target, and Best Buy. This doesn’t include the smaller stores and food places that will be open as well to accommodate shoppers.

As a business strategy, opening on Thanksgiving appears to work. Sure, there are many people who are rightly disgusted by the invasion of consumerism on a day that is supposed to honor family. But there are just as many, if not more, who are not offended, and view Black Friday deals as a way to save money. Indeed, in these trying economic times, getting people to stay home instead of saving money may be too tall of an order. Many people shop on Black Friday not just for Christmas alone. Some people wait the entire year to purchase big-ticket items.

In light of these trends, stopping stores from opening on Thanksgiving appears to be a non-starter, no matter how many people or other stores try to shame them. The only way to protect the sanctity of this holiday is to intervene with a federal law. Unfortunately, given the climate of congress, a federal law like this is unlikely to pass. 

Monday, October 13, 2014

Digital Marketing Strategies for Lawyers in New York


The world continues to become more interconnected as people of all ages are turning more to the Internet in order to acquire goods and services. One of the results of this is that people are going on the Internet as compared to looking in a phone book for lawyers. Therefore, attorneys in New York need to use digital marketing in order to make themselves known to prospective clients.

One of the best ways an individual or law office can become connected with prospective clients is to have a website. A website is more than just a place where people can get some information. Instead, a website can be a tremendous way in which potential clients can learn about and connect with a law firm. While many websites focus on important legal terms and information, a number of people are looking for a website that offers basic help and guidance about what to do in their predicament. A website can be used to empathize with people and to show a law office as a group of caring professionals who want to give expert advice when people are dealing with a complicated legal system. Besides this, the website can offer convenient information, such as office times, phone numbers, email addresses, credentials and the location of the licensed practice.

While a website is important, another way that lawyers in New York can be connected with others is by social media. There are excellent social media sites that can link clients to lawyers. LinkedIn.com is an amazing social media tool that enables businesses and professionals to connect with each other. Official information and profiles of professionals are great ways that a firm can spread the word about what it has to offer to people who are in need. On a similar note, Facebook.com is a laidback website that is free and offers a way for people to connect with people. A business can invite people to visit its Facebook page. People are welcome to post on a page or find helpful information. If a firm has low-key information that can be shared, Facebook is the place to go.

There are numerous ways for lawyers in New York to connect with people. Creating a website and joining social media networks are a great way to start. The more digital information that is on the Internet, the more likely an individual or firm will receive inquiries. 

Friday, September 26, 2014

Lawyer Up, Moms! by George Galgano


Peyton Price poses an interesting argument on how effective lawyer moms can be in “Lawyer Up, Moms!” With all their years and experience as a lawyer, you can be sure that lawyer moms have an upper hand in being a parent. She humorously describes the benefits of being a lawyer mom. This article certainly makes a good point. Lawyers must have outspoken, confrontational, and investigative characteristics for them to even take on that career; they are also detail oriented and patient. Unquestionably, these are all aspects of an effective, engaged and responsible mom.

Parents should be familiar with having to sign a series of contracts for they’re under aged children. Well, as Price points out, they “read the fine print.” Lawyers are responsible for paying close attention to details. They are sure to be on the look out and find any sneaky activities. Price uses saucy real world examples like “browse history on an iPhone,” which shows how exceedingly serious lawyers moms are- or at least her version of them.

Most people would most likely agree that the process it takes to become a lawyer is not a joke. A lot of tears, diligence, and hard work are put into that field. With that being said, Price makes it very clear that lawyer moms “know drudgery.” And they do. Most people would probably also agree to the fact that parenting is a lot of work, especially being the mom; the two compliment each other.

Can anyone name any teenager that hasn’t gone behind there parents back, lied, and did something they weren’t supposed to do? Chances are: the answer is yes. And that is just the tip of the iceberg of sly actions teenagers make. A lawyer’s job is to observe, investigate, find evidence, and get answers. Good luck to any teenager that plans on getting away with lying to a lawyer mom. As Price points out, they are “trained interrogators”- and they will find answers.

I could imagine a lawyer mom picking a fight here and there. Personally when I was younger I had a confrontational comment to say about everything. My dad’s favorite line was of coarse, “you should be a lawyer.” So yes, as Price says, lawyers “love a good fight,” and this would definitely come in handy in a situation where a good fight is mandatory for the well being of their child. And that is a trait that all moms should have. So, “Lawyer Up, Moms!”

George Galgano is a lawyer from New York and welcomes any and all Lawyer Moms.

Thursday, September 18, 2014

Strange Laws in the United States

While there are many viable laws in the United States, there are others that seem to make no sense whatsoever. These strange laws, still on the books in their individual states, are rarely if ever enforced today. And on the rare occasion where one may be enforced, it's likely done so in an effort to get a good laugh that day.

If you're wanting to give your donkey a bath, you better make sure it gets done prior to 7 p.m., especially if you live in Oklahoma. According to a little-known law that is inexplicably still on the books, it's illegal to have a sleeping donkey in your bathtub after 7 p.m. in the evening. So if you've got a dirty donkey, makes sure it's awake when you give it a morning or afternoon bath.

New York is a state that still has many strange laws on its books. For example, the law says a license must be purchased before a person is allowed to hang their laundry on a clothesline. Also, if you're a guy who's looking to flirt with the ladies, you better do it in another state. New York law states a man can get fined $25 for flirting once, then if convicted a second time must pay the fine and wear a pair of horse-blinders whenever he goes outside.

If you've got a cat that you're wanting to spend some quality time with at the end of the day, you better be careful what the two of you do. In Illinois, it is illegal for anyone to give cats, dogs or other domesticated animals a cigar that is lit and ready for smoking. And if you're a movie buff, plan on going to the latest blockbuster alone. In Baltimore, Maryland it is considered illegal to take a lion to the movies. Oh well, so much for those weekend plans.

Speaking of weekend plans, guys who are going out on a date can try something interesting. In Illinois, state law requires a man's female companion to call him "Master" while out on a date. If things are going well, I would recommend not trying to enforce this law.

While these laws are obviously outdated, they nevertheless are still on the books in various states. So the next time you light up that cigar and are tempted to hand it over to your kitty, you better think twice.

George Galgano is a New York based Lawyer.