An Award can be defined as:

“a prize or other mark of recognition given in honor of an achievement”

Fake can be defined as:

“a thing that is not genuine; a forgery or sham”

There is an increasing trend where attorneys are being sold “fake awards”.  Attorney’s then use these fake awards to market their business, which misleads the consumer into thinking that the award was earned based on merit.

To receive many of these “awards” typically all you need to do is pay a small fee, more if you want a fancy plaque. These awards are not based on any credentials, results or merit. I know this because I have received “Best Attorney”, “Top 10 Trial Attorney”, “Top 1 Percent Lawyer”, “CNY Top Lawyer” or, as seen below, I am considered a “Lawyer of Distinction”.

The problem is…I’m not even a lawyer! I have never requested information on these awards or applied for them.

However, all I have to do is pay $395+ to get a fancy plaque to display in my office so that potential customers can be misled to think that I am an attorney or it could be used in the office and on social media to increase my business.

Below is a list of the paid awards that I consider to be scam since they are not based merit or qualifications:

 

  • American Institute of Legal Counsel – SCAM
  • American Institute of DUI/DWI Attorneys – SCAM
  • American Institute of Personal Injury Attorneys – SCAM
  • American Institute of Criminal Law Attorneys – SCAM
  • American Institute of Family Law Attorneys – SCAM
  • National Academy of Family Law Attorneys – SCAM
  • National Academy of Criminal Defense Attorneys – SCAM
  • National Academy of Personal Injury Attorneys – SCAM
  • Million Dollar Advocates Forum – SCAM
  • Multi-Million Dollar Advocates Forum – SCAM
  • Best Attorneys of America – SCAM
  • American Academy of Attorneys – SCAM
  • American Association of Premier DUI Attorneys – SCAM
  • American Society of Legal Advocates – SCAM
  • Lawyers of Distinction – SCAM
  • National Academy of Jurisprudence (formerly American Academy of Trial Attorneys) SCAM
  • National Academy for DUI Defense – SCAM
  • National Association of Distinguished Counsel – SCAM
  • National League of Renowned Attorneys – SCAM
  • Top American Lawyers – SCAM
  • American Jurist Institute – SCAM
  • America’s Top 100 Attorneys – SCAM

So the debate for me is, if you receive an award for which you have paid for, is that really an award? Or it is just paid advertisement? I am OK with it being paid advertisement, as I do understand the potential benefits, however, there should be a disclaimer provided just as you have to provide a disclaimer on other forms of marketing, so as not to mislead people.

These awards are used as “trust signals” for the consumer, however, if they are paid vs. earned on merit…wouldn’t that be considered misleading to the consumer? And, if you are misleading the consumer isn’t that considered to be unethical? Essentially, if I had the money and didn’t have any issues with morality, I could purchase these awards and be the best fake lawyer in America, and trick the consumer into calling me, without even being a lawyer?  So if these attorneys don’t care about misleading you as to their qualifications, how much will they actually care about you and your case versus your wallet?

The truth is that most attorneys who consistently go to court, don’t bother with fake awards because the reality is they don’t need them.   Someone with integrity, would never purchase these awards and then promote the awards as being earned. As they say, good lawyers are not cheap, but lawyers who are unethical may cost you everything – so be careful when choosing.

Some attorneys are even tricking google and providing fake reviews, so if they simply say “check out our reviews“, be cautious.

Ensure that any awards on display are based on merit. Don’t believe me? The Better Business Bureau (BBB) has warned consumers about the use of such legal awards.

BBB believes many of these honors – often used by attorneys in advertising or on their websites – are no more than vanity awards, and may have little to do with a lawyer’s standing or professional ability.  In several cases, the organizations making the awards require that the honoree purchase a plaque, trophy or membership package.”

If you find yourself in a position where you need to hire a lawyer, my suggestion is to do your research on that lawyer, ask for references, referrals, but don’t be impressed by awards on display.

Three of the most important things to consider when determining who will represent you are:

  1.  Will they advocate for you and make the income received secondary?
  2.  Will they represent your best interests, not theirs?
  3.  Will they work hard for you and deliver on the work that they promise?

In closing, the take away is simple; Good attorneys or companies do not need fake awards OR to consistently remind people of these awards to gain your business. If they do, be aware that they may care more about reeling you in as a customer than helping you with your legal matters.

Disclaimer: By referring to these as “scams” I am not implying that they are doing anything illegal. I am not saying that they don’t deliver what they promise to their members. They do, and the product they deliver is a phony “award.” A phony “award” you have to pay for which comes in the form of a generic graphic, a meaningless plaque, and a misleading unverifiable claim that you are better than other lawyers. I use the word “scam” as a matter of opinion. I am simply pointing out that they are totally bogus. They use questionable marketing strategies to mislead consumers and trick them into purchasing something that has no intrinsic value.

 
 

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Bill Cosby Released From Prison: But Why?

Bill Cosby has been released from prison. He walks among us again as a free man.

 

No, it’s not because he already served his sentence. It’s not because he was granted parole from his conviction, either. Nor did Pennsylvania’s Governor grant a pardon or issue clemency. Instead, the Pennsylvania Supreme Court overturned Cosby’s conviction on appeal.

 

Cosby had reached an agreement with a former prosecutor, Bruce Castor, under which Cosby was not to be criminally charged for the incident which eventually resulted in his 2018 conviction. Castor has gained more recent notoriety as being a member of former President Donald Trump’s legal team during his second impeachment trial. In short, though, Castor, while chief prosecutor for Montgomery County, Pennsylvania, had reached a deal with Cosby under which Castor agreed to grant Cosby immunity from all prosecution related to the incident if Cosby agreed to testify at a civil trial initiated by his accuser, which was to take place in 2005.

 

That accuser was Andrea Constand. Constand accused Cosby of drugging and molesting her at his estate in 2004. At the time, Constand was a Temple University employee, a former professional basketball player who had risen to be the head of basketball operations at the university. Castor chose to grant Cosby immunity from prosecution because he felt prosecutors would have difficulty confirming the forensic evidence from the case, without Cosby’s prior admission to the crimes, at trial.

 

Instead, by granting Cosby immunity from prosecution, Castor sought to force Cosby’s hand into testifying at Constand’s civil trial against him. As the Pennsylvania Supreme Court wrote in its decision, “Seeking ‘some measure of justice’ for Constand, D.A. Castor decided that the Commonwealth would decline to prosecute Cosby for the incident involving Constand, thereby allowing Cosby to be forced to testify in a subsequent civil action, under penalty of perjury, without the benefit of his Fifth Amendment privilege against self-incrimination.” Cosby relied on this immunity while testifying at Constand’s civil trial. As the Pennsylvania Supreme Court noted, he “proceeded to provide four sworn depositions. During those depositions, Cosby made several incriminating statements.”

 

Yet, years later, a new prosecutor was elected in Montgomery County. Feeling unbound by his predecessor’s immunity agreement with Cosby, new District Attorney Kevin Steele brought charges against Cosby related to the 2004 incident with Constand.

 

At trial on those charges, Steele and his office used Cosby’s incriminating testimony at Constand’s 2005 civil trial against him. In fact, his testimony became a cornerstone of the People’s case. Ultimately, Cosby was convicted on three counts of aggravated indecent assault in April 2018. He was sentenced to a term of three to ten years in prison.

 

On appeal, however, the Pennsylvania Supreme Court found an issue with the revocation of Cosby’s immunity agreement simply because a new prosecutor had taken office. As the Court wrote, “When an unconditional charging decision is made publicly, and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade. No mere changing of the guard strips that circumstance of its inequity…A contrary result would be patently untenable. It would violate long-cherished principles of fundamental fairness. It would be antithetical to, and corrosive of, the integrity and functionality of the criminal justice system that we strive to maintain.”

 

The Court concluded, then, that “For these reasons, Cosby’s convictions and judgment of sentence are vacated, and he is discharged.”

 

Cosby was released from prison yesterday, shortly after the Court’s decision was announced. A spokesman for Cosby told reporters, upon his release, that “This is what we have been fighting for and this is justice and justice for Black America.” Sentiments were not shared by those in the Montgomery County District Attorney’s Office. Mr. Steele, in a statement released Wednesday, noted “Cosby was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime…My hope is that this decision will not dampen the reporting of sexual assaults by victims. Prosecutors in my office will continue to follow the evidence wherever and to whomever it leads. We still believe that no one is above the law – including those who are rich, famous, and powerful.”

 

Prosecutors could still, should they so choose, seek to appeal the Pennsylvania Supreme Court’s decision. Such an appeal would be to the U.S. Supreme Court, and would likely highlight the issue of due process and argue that retrial of Cosby could be granted should the prosecution refrain from including his 2005 civil trial testimony. The U.S. Supreme Court may elect against hearing the case, however, given its highly publicized nature and its near singular focus on procedural matters.

 

Yesterday’s decision also gave hope to others entangled in the #MeToo movement’s eye-opening allegations of misconduct against prominent men. Harvey Weinstein’s legal team issued a statement following the release of the Court’s decision, highlighting the Court’s ability to follow the facts and the law under the pressure of a case that garnered much media attention. In sum, the Weinstein legal team noted, “This decision also reaffirms our confidence that the Appellate Division in New York will reach the similarly correct decision in Harvey Weinstein’s appeal, considering the abundance of issues that cry out for a reversal.” Weinstein had previously been sentenced to serve 23 years on rape and sexual assault charges.

 

The Pennsylvania Supreme Court’s decision overturning Cosby’s conviction can be read here: https://cdn.cnn.com/cnn/2021/images/06/30/j-100-2020mo.-.104821740139246918.pdf.

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Nave Law wins suit against City of Albany to protect Reverend’s civil rights.

 

As part of Nave Law Firm’s efforts to give back to the communities we practice in, our own Derek Andrews took action after reading a Times Union article about a local woman’s plight against a local government who stonewalled her efforts to obtain body camera recordings of an incident that involved her.

 

In 2019, uniformed members of the Albany Police Department wearing body cameras forcibly removed Reverend Cheryl Hawkins, a street-reach minister in the New York Capital District, from a public park as she preached and sang Christian hymns, for which she had received a special event permit from the City of Albany. That removal violated her constitutionally-guaranteed rights to free expression. As part of a lawsuit, her civil rights attorney requested those body camera recordings from the city through New York’s Freedom of Information Law but was rebuffed, having been told that they were protected and confidential because of Civil Rights Law Section 50-a.

 

Mr. Andrews helped both Ms. Hawkins and her civil rights attorney by filing an Article 78 special proceeding, a type of lawsuit, against the City of Albany and the Albany Police Department, claiming that they violated Ms. Hawkins’ right to free access to body camera recordings of that incident.

 

Although the city produced those recordings before the conclusion of the lawsuit, Judge David Weinstein of the Albany County Supreme Court agreed with Mr. Andrews’ arguments when he issued a decision at the end of 2020 stating that Ms. Hawkins had substantially prevailed and that the city was unreasonable in originally denying her access. That last part meant that the city Times Union Article, which resulted in a five-figure settlement. Ms. Hawkins will now continue her lawsuit against Albany for violating her civil rights.

 

When asked for comment by Reverand Hawkins, she responded:

“Mr. Andrews saw the Times-Union Newspaper Front Page Huge Article (February 17, 2020). He then contacted my attorney and wanted to see how he could help.  He felt that I was facing an injustice.  I was already paying another lawyer big money to represent me, and I could not afford a second law firm.  Derek then spoke with the leadership team with Nave Law Firm, and the team decided to take the case at no cost to me.  

I was so grateful that he believed in me enough to advocate for me and cared enough to help me at no cost.

The best part is that he WON THE CASE; he even won the city’s and the cop’s appeal filed in Albany County after winning the case.”

 

Nave Law Firm is grateful for the opportunity to have assisted Ms. Hawkins in her pursuit of justice.

 

 

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Decriminalizing Possession of Hard Drugs

Oregon seems to be leading the way in the war . . . on the war on drugs while New York falls further behind. In a more sizable margin than either Biden or Trump would secure in this election, nearly 59% of citizens in Oregon voted to decriminalize possession of small amounts of hard drugs like heroin and cocaine.

Their decision also supported greater access to treatment for those who need it, which is paid for by the tax proceeds from marijuana sales. New York took a step in the right direction when they decriminalized possession of marijuana last year, but they remain several steps behind a large swath of the country that has legalized marijuana possession outright, including our next-door neighbors. While legislators and Governor Cuomo are interested in legalization, it’s unlikely to happen in the next year or two. Here’s why the legalization of marijuana, and other drugs, is worthwhile: not only would it ameliorate years of disproportionate effects of criminal drug possession on communities of color but it would give those with addictions greater access to higher-quality treatment. It also wouldn’t hurt to make some money by taxing those “products,” which could prove to be cleaner and safer than those cut with harmful and toxic chemicals. By the way, we certainly don’t mean to imply that it should be legal to drive while impaired by a drug, whether it’s legal or illegal. Please don’t do that.

We’re only suggesting that the war on drugs was misguided and that Oregon, and other states who are following suit, are headed in the right direction. Let’s convince New York to do the same.

https://scoop.upworthy.com/oregon-becomes-first-state-decriminalize-possession-of-hard-drugs

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