Evernote in the Solo Law Office

The coolest thing in my office desktop is Evernote. It misleading to say it helps me create to-do lists.  The purpose of Evernote is to insure that I will never forget any detail, of any kind, ever again.


Synchronizes. It automatically synchronizes my task and idea lists with my cell phone.  This is beyond cool.  If I type on the things-to-do, it will appear on my cell phone’s list of things-to-do. When leaving the office in the morning for the courthouse, I think about the first case and begin forgetting about things to check on, things to file, and other people to see.  Checking my phone brings the complete list back to me.   


Use the Cell Phone. If I am out and add something to a list on my cell, it will automatically synchronize things with my desktop.  Snap a photo with my cell phone of a deed, a client, or business card, and the handwritten notes or typed notes in the photo automatically become searchable on Evernote. Take notes, save images, and read pdf articles.  Send notes by email to my Evernote address.


Many Lists. It encourages me to create a list for everything.  To-Do lists for work at the office.  Phone calls to return.  Purchase lists for the office. Tasks for the farm. Purchase lists for the farm. Grocery lists.  Mileage lists for places I travel on business. Copies of 1st Visit Memos from new clients. Gift lists. Idea lists.    


Access. Access Evernote from every computer, tablet, and cell phone that you use!  Evernote is free, although for the more advanced version, there is a $5 a month fee.  That’s too rich for my blood, but not for big spenders that read this blog.  Evernote.com

Nihilism, Lawyers, and the Law

Some days the news is overwhelming to lawyers. A peek at the news today brought the following stories:


A dead 2 year old baby, with duct tape across her mouth, resulted in a murder case against her mother 
(Casey Anthony).  The defense said the baby accidently drowned and the body was hidden because of the grandfather’s sexual abuse.  Defense by smear. A horrific murder made worse. http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-trial-opening-20110523,0,921967.story


An inspiring national political figure is about to be indicted for misspending campaign money to hide his cheating on his dying wife. Inspired leadership by corruption. 
http://www.msnbc.msn.com/id/43168272


A powerful Federal Judge in Houston says that our legal system is corrupt beyond recognition.  Edith Jones says the lawyers corrupted the judicial system with nihilism. Lawyers lost their religious roots. Lawyers attack all society’s rules of decent behaviour. A basic  concept of right and wrong is lost. Political favor and money is found.  http://www.freerepublic.com/focus/f-news/1438496/posts


The Texas Legislature continued its long war on lawyers by passing the “Loser Pays” bill.  Although Visa, Master Card, Capital One Bank, and insurance companies will sue you, you do not have what it takes to sue them.  Why is Texas protecting Capital One Bank? The law hurts lawyers who bring lawsuits and hurts lawyers who defend lawsuits.  Simply stated, to be a hero, you have to have an amazing opponent to do battle with. The little guy lost his ability to fight the battle. http://www.lonestarreport.org/Home/tabid/38/EntryId/1174/In-blink-of-an-eye-Senate-passes-limited-loser-pays-bill.aspx


However, before I turned off the coffee maker and hid under my bed this morning, I remembered  Wintley Phipps.  He sings a great version of Amazing Grace.  He also says that “if the big mountain in your way were smooth, you wouldn’t be able to climb it”.  Yes, I did sign up to climb the big mountains.  Yes, I did sign up to slay large dragons.


I began to remember that we will not understand the things we see. ( Ecclesiastes 11:5 “As you do not know the path of the wind, or how the body is formed in a mother’s womb, so you cannot understand the work of God, the Maker of all things.” )


I can do more mediation and be a peacemaker. “Peacemakers who sow in peace reap a harvest of righteousness.” - James 3:17-18


I can put on my trial suit and start to climb the big mountains in my way.

McDonald's Hot Coffee Case

Recently, an e-mail was sent to me about the McDonald’s hot coffee cup case.  The message was that lawyers filed a silly case and got rich. The McDonald’s hot coffee case was used to attack the legal profession. This blog is about one case, and not a guide to accident claims.  I turned to Andrea Gerlin, Wall Street Journal, September 1, 1994, and The ‘Lectric Law Library ( www.lectlaw.com) for the facts.   

Facts in the News:  Facts are stubborn things.  They remain facts in the face of passions and prejudice.  The facts of this case are well known.

• 2/27/1992, Stella, a 79 year old woman, bought a 49 cent coffee at McD’s;
• Her grandson was driving, pulled forward from the McD’s window and stopped;
• Stella then tried to pull the plastic lid off of the coffee cup to add cream and sugar;
• The coffee spilled in her lap.

Facts not so well Known:   

• McD’s coffee pots were set to make coffee at 180 to 190 degrees;
• Mr. Coffee, at my house, made coffee this morning at 138 degrees; McD’s coffee was 47 degrees hotter than at my house this morning;
• A law student was hired to go around town, buy coffee, and stick a thermometer in the cup;
• The law student found that McD’s coffee was 20 degrees hotter than the hottest coffee sold in town;
• A McD’s executive told the jury that 185 degree coffee was not fit to drink, because it would burn the mouth and throat, but it smelled best at that temperature;
• McD’s coffee, almost instantaneously destroyed Stella’s skin, flesh, and muscle with third degree burns on 6% of her body and second degree burns on 16% of her body.  Coffee, at the lower temperature, would hurt, but give one time to take action and avoid burns;
• the jury saw the photographs of ugly burns on Stella’s inner thighs, buttocks, groin and genital areas;
• the jury saw the photographs of the skin graft process, where the burned skin is peeled off the victim’s body and then replaced; it feels as bad as it sounds;
• the jury heard testimony that McD’s had scalded 700 people with serious burns in the past 10 years; some of the cases were substantially similar to Stella’s; the jury saw that McD’s executives knew about nature and extent of the scalding for 10 years;
• the jury heard testimony that McD’s paid out $500,000 on claims to burn victims over 10 years; no one counted the seriously burned persons who did not file claims;
• the jury heard testimony that McD’s had no plans to change the temperature for brewing coffee;
• the jury heard that McD’s knew that the drive thru customers  were driving to work;
• the jury heard McD confess that it knew its super hot, undrinkable coffee was routinely spilled in the cars on people;
• the jury heard that McD’s served billions of cups of coffee and that McD’s was unfeeling about Stella;
• the jury heard that McD’s makes $1.35 million day in coffee sales;
• the jury surmised that McD’s is cold blooded; $1.35 million in coffee sales a day means everything; Stella is nothing.
• Allow the jury to figure out that McD’s is callous, arrogant, and too big to think of Stella.
• the jury did not know that McD's could have settled the case for $20,000 to pay for $11,000 in medical bills for skin grafts.  

Results:  The jury thought it was a case about callousness, not coffee, and awarded Stella money.  Then the jury punished McD’s by ordering it to pay 2 days of coffee money.  The Judge ruled that Stella was 20% at fault and McD’s 80% at fault, and cut back the award.  Although it was a public trial, Stella and McD’s signed a secret settlement, probably less than $600,000. It was a great victory for Stella. After looking at a 2 1/2 million dollar jury award, the settlement was a big victory for McD’s. The longer lasting result of the he jury’s decision to ridicule McD’s, was continued attacks attacks on the legal profession.

Deeper Meaning:  McD’s executives callously burned 700 people with a superheated, undrinkable coffee for 10 years, but in truth and fact they were picking up a big cat by the tail, and learned things they could not learn any other way. This is not the fault of the legal profession.