October Legal News

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October Legal News

via Joseph P. McClelland, LLC by admin on 10/3/11

October Legal News is a post from: Atlanta wrongful death law firms motorcycle laws car accidents
Eddie Long and New Birth Missionary Baptist Church & Breach of Confidentiality Agreement
What are we doing talking about the court settlement between Eddie Long and the young boys who alleged sexual molestation against the pastor?  According to Eddie Long's lawyers at Drew Echel, Eddie wants his money back.  You heard me right.  He wants his money back from three of five kids that he allegedly raped/molested or whatever you want to call it.  Whatever happened to the criminal charges against him?  Wait, where there any ever filed?  I don't remember, but …. let us get back to getting poor old Eddie Long his money back.  Let your personal injury lawyer lay down some legal terms that we need to understand before we proceed.
A settlement is an agreement between the parties to end the suit without participation from a judge or jury.  The settlement is a contract that can be enforced like all agreements.  Some agreements have confidentially clauses in the agreement.  Generally speaking, a confidentiality agreement might bind the parties not to discuss the terms of the agreement with anyone other than their legal counsel and for tax purposes like their accountant and the IRS.  Therefore, if they settled a cases confidentially for one million dollars with the clause that no one can talk about the amount of the settlement, and started talking about it with unauthorized individuals that would be a breach of the confidentially clause.
Most clauses will have a penalty for violation of said clause.  It could even mean giving back all of the settlement.
Back to the story.  There was a confidentially clause in their settlement, and now Eddie Long says he want his money back because they are talking.  That is twice in his mind, allegedly.
But, could he really be this stupid or this the media picking up on the letter to the young boys and running wild?
This has to be a simple threat.  Think about it.  If you are running this church, do you want this controversy back in the news or do you want it to go away?  Obviously, you want people in Georgia and around the country to stop talking about it.  Bringing it back in the news for a series of legal trials and court appearances does not do wonders for the marketing arm of the church.  I would imagine that they finally got back to normal after the molestation allegations brought against Eddie Long.
This next part goes out to the law firm of Drew Echel.  Grow a pair of balls and get out of the representing alleged powerful molesters against young victims.  I love how law firms can pretend to act like businesses without souls.  This is not the case.  Some high powered lawyer, who I may or may not know, will spend months thinking about ways to screw these kids (again?).  Everyone deserves legal representation, and no one should violate court orders, but when you attach your name to cases like this you are morally on the hook.  You are not a soldier in a war.  You are a paid mercenary, at best.  Get out of the game if you are not prepared to reflect and bask in the immoral light of a potential contempt motions.  I hope you questioned your position before you took another step to bring us all down one step.
This is an article by attorney Joseph McClelland at the law office of Joseph P. McClelland, LLC.

Amanda Knox Found Not Guilty on Appeal in Italy

This is huge news for all of us who follow international criminal cases with a young American.  Is that a small group or what?  That is a joke.  However, it is no joke that this poor girl has been through a great deal.  I know almost nothing about the Italian legal system much less their criminal system, but in the end it worked out.
I know that sounds weird, but she is going to get to come home to her family.  The entire world knows her name and has heard some strange sex stories that do not seem to match up with this little girl.  But the system did work in the end.  That goodness because it seemed like a travesty from a far.
We will be updating this post as more information starts to come out on the criminal case.

King and Spalding and Tax Payer Money

King and Spalding is in the news again.  The last time we talked about them they were representing interest opposing gay and lesbian issues.  Today, they are in the news for big legal fees.  We are talking big legal fees in the amount of 17 million dollars as plaintiffs in a case against Heery International representing Dekalb County School System.  Did I mention that Dekalb County is the plaintiff?
That is crazy.  There is no way that is appropriate in my opinion.  What I see here is a problem that runs throughout our government and society.
Why was King and Spalding chosen in the first place?  Are they good? Yes, they are one of the best.   Did Dekalb need one of the best?  That is a loaded question because if they needed the "best", then chances are they their cases lacks significant merit.  But, did they need King and Spalding, and if not then why were they chosen?
Then, after getting 17 million dollars of tax payer's money, the deal switches to a contingency agreement.  What?  Are you joking?  I will let my readers draw their own speculation about money in politics and revolving doors in government, but this article makes no sense to your average litigation attorney.  Good job to the AJC for breaking this news and delivering another black eye to K & S in Atlanta, Georgia.

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