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	<title>Comments on: Suspended Hammer</title>
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	<link>http://blogs.law.harvard.edu/ethicalesq/2004/05/04/suspended-hammer/</link>
	<description>breathless punditry and one-breath poetry with David Giacalone</description>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2004/05/04/suspended-hammer/comment-page-1/#comment-5399</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Thu, 06 May 2004 05:33:45 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Hi, Carolyn.&#160; Thanks for commenting.&#160; I&#039;m not so sure a year is too harsh.&#160; (1) The ad campaign ran for years, incessantly on tv (I lived in Rochester while it was airing on every newscast), plus as a full-page ad on the backcover of the local Yellow Pages -- so, once the facts came out, I think both the public and the bar needed to see that the matter was taken seriously; (2) a malpractice award was, I presume, paid for by the insurer, which means it raised the premiums of all lawyers; (3) the Court opinion notes &lt;EM&gt;several&lt;/EM&gt; prior disciplinary actions against Jim Shapiro -- he&#039;s a serial offender.&#160; 
Since Shapiro is not even practicing law anymore, and has gotten a nice chunk of money for his Rochester practice, the year suspension is meaningless to Shapiro.</description>
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<p>Hi, Carolyn.&nbsp; Thanks for commenting.&nbsp; I&#8217;m not so sure a year is too harsh.&nbsp; (1) The ad campaign ran for years, incessantly on tv (I lived in Rochester while it was airing on every newscast), plus as a full-page ad on the backcover of the local Yellow Pages &#8212; so, once the facts came out, I think both the public and the bar needed to see that the matter was taken seriously; (2) a malpractice award was, I presume, paid for by the insurer, which means it raised the premiums of all lawyers; (3) the Court opinion notes <em>several</em> prior disciplinary actions against Jim Shapiro &#8212; he&#8217;s a serial offender.&nbsp;<br />
Since Shapiro is not even practicing law anymore, and has gotten a nice chunk of money for his Rochester practice, the year suspension is meaningless to Shapiro.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2004/05/04/suspended-hammer/comment-page-1/#comment-7319</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Thu, 06 May 2004 05:33:45 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Hi, Carolyn.&#160; Thanks for commenting.&#160; I&#039;m not so sure a year is too harsh.&#160; (1) The ad campaign ran for years, incessantly on tv (I lived in Rochester while it was airing on every newscast), plus as a full-page ad on the backcover of the local Yellow Pages -- so, once the facts came out, I think both the public and the bar needed to see that the matter was taken seriously; (2) a malpractice award was, I presume, paid for by the insurer, which means it raised the premiums of all lawyers; (3) the Court opinion notes &lt;EM&gt;several&lt;/EM&gt; prior disciplinary actions against Jim Shapiro -- he&#039;s a serial offender.&#160; 
Since Shapiro is not even practicing law anymore, and has gotten a nice chunk of money for his Rochester practice, the year suspension is meaningless to Shapiro.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Hi, Carolyn.&nbsp; Thanks for commenting.&nbsp; I&#8217;m not so sure a year is too harsh.&nbsp; (1) The ad campaign ran for years, incessantly on tv (I lived in Rochester while it was airing on every newscast), plus as a full-page ad on the backcover of the local Yellow Pages &#8212; so, once the facts came out, I think both the public and the bar needed to see that the matter was taken seriously; (2) a malpractice award was, I presume, paid for by the insurer, which means it raised the premiums of all lawyers; (3) the Court opinion notes <em>several</em> prior disciplinary actions against Jim Shapiro &#8212; he&#8217;s a serial offender.&nbsp;<br />
Since Shapiro is not even practicing law anymore, and has gotten a nice chunk of money for his Rochester practice, the year suspension is meaningless to Shapiro.</p>
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		<title>By: Carolyn Elefant</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2004/05/04/suspended-hammer/comment-page-1/#comment-5398</link>
		<dc:creator>Carolyn Elefant</dc:creator>
		<pubDate>Thu, 06 May 2004 04:21:20 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

David:  I meant to post on this one but have been too busy.  I will comment here.  I did think that a year&#039;s suspension was a little steep.  Yes, the Hammer&#039;s ads were misleading - but he also lost (and presumably paid) a $2 million malpractice verdict as a result of one.  The article didn&#039;t point to other situations were people were mislead.  As for the letter to the comatose patient - yes it is tacky but I could not help think that she was comatose.  It&#039;s not as if she was going to be mislead.  I would have given a reprimand on this one or a short suspension (3 months) and made Hammer pay a fine that the bar could have used to educate consumers about hiring attorneys or misleading advertising.</description>
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<p>David:  I meant to post on this one but have been too busy.  I will comment here.  I did think that a year&#8217;s suspension was a little steep.  Yes, the Hammer&#8217;s ads were misleading &#8211; but he also lost (and presumably paid) a $2 million malpractice verdict as a result of one.  The article didn&#8217;t point to other situations were people were mislead.  As for the letter to the comatose patient &#8211; yes it is tacky but I could not help think that she was comatose.  It&#8217;s not as if she was going to be mislead.  I would have given a reprimand on this one or a short suspension (3 months) and made Hammer pay a fine that the bar could have used to educate consumers about hiring attorneys or misleading advertising.</p>
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		<title>By: Carolyn Elefant</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2004/05/04/suspended-hammer/comment-page-1/#comment-7318</link>
		<dc:creator>Carolyn Elefant</dc:creator>
		<pubDate>Thu, 06 May 2004 04:21:20 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2004/05/04/suspended-hammer/#comment-7318</guid>
		<description>&lt;a&gt;&lt;/a&gt;

David:  I meant to post on this one but have been too busy.  I will comment here.  I did think that a year&#039;s suspension was a little steep.  Yes, the Hammer&#039;s ads were misleading - but he also lost (and presumably paid) a $2 million malpractice verdict as a result of one.  The article didn&#039;t point to other situations were people were mislead.  As for the letter to the comatose patient - yes it is tacky but I could not help think that she was comatose.  It&#039;s not as if she was going to be mislead.  I would have given a reprimand on this one or a short suspension (3 months) and made Hammer pay a fine that the bar could have used to educate consumers about hiring attorneys or misleading advertising.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>David:  I meant to post on this one but have been too busy.  I will comment here.  I did think that a year&#8217;s suspension was a little steep.  Yes, the Hammer&#8217;s ads were misleading &#8211; but he also lost (and presumably paid) a $2 million malpractice verdict as a result of one.  The article didn&#8217;t point to other situations were people were mislead.  As for the letter to the comatose patient &#8211; yes it is tacky but I could not help think that she was comatose.  It&#8217;s not as if she was going to be mislead.  I would have given a reprimand on this one or a short suspension (3 months) and made Hammer pay a fine that the bar could have used to educate consumers about hiring attorneys or misleading advertising.</p>
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