Posted On: January 28, 2009

Technology, Trials, and Trends Meets Blogs, Webcasts, and Friends?

Recent articles from the ABA Journal touch upon how the use of technology is not just shaping trials and trial techniques, but also how trials are covered and may be covered in the future.

The first article, Judge Explains Why He Allowed Reporter to Live Blog Federal Criminal Trial, discusses an Iowa case where a reporter, Trish Mehaffey, was allowed to use a laptop to cover a tax fraud trial through a live blog.  The practice may be a growing one.

Mehaffey says she’s heard of several reporters allowed to blog from state court proceedings. A few federal judges besides Bennett [the judge above] have also allowed live-blogging of trials.  Accredited journalists were allowed to use laptops and other electronic devices to cover the trial of five men convicted of plotting to attack Fort Dix, according to a court website listing the rules. The media representatives received a password giving them wireless Internet access in the courtroom.
In a second article, US Appeals Court Orders Expedited Briefs in Webcast Challenge, brings us to Boston where use of a webcam was approved to cover a hearing involving an alleged illegal music download case (the hearing has been delayed until Feb. 24 as the Recording Industry Association of America is appealing the judge's decision.) The Boston Globe reports,
The appeals court said ... the question of webcasting raises "subtantial and novel questions," and it has invited groups and individuals to file friend-of-the-court briefs by Jan. 29. The appeals court said it may hold oral arguments, as well.
In a third article, In Seeming First, Aussie Court Says Default Judgment Can Be Served on Facebook, a link to a Herald Sun article, Lawyers given permission to serve debtors with default judgment through Facebook, discusses how social networks on the web could be making inroads into post judgment issues in Australia.  Here the plaintiff was allowed, by the court, to serve a default judgment through Facebook.

The Facebook profiles showed the defendants' dates of birth, email addresses and friend lists -- and the co-defendants were friends with one another. This information was enough to satisfy the court that Facebook was a sufficient method of communicating with the defendants.

These early cases are examples of the issues likely to come.  Remember, these issues were all approved by a few of today's jurists.  What changes will the Web 2.0 generation of judges and beyond be considering?

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Posted On: January 26, 2009

Judges Confirmed to SJC and Business Litigation Section

Massachusetts Lawyer's Weekly (LW) reports,

The Governor's Council voted 6-2 in favor of Superior Court Judge Ralph
D. Gants' nomination to a seat on the Supreme Judicial Court.
In a second story LW states,
Superior Court Judge Margaret R. Hinkle will succeed Judge Ralph D. Gants as head of the Business Litigation Session.

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Posted On: January 5, 2009

Massachusetts Real Estate Prices Contiune Falling: Norfolk County Real Estate Reports: Quarter Ending December 31, 2008 (Plus Review of Last 5 Quarters)

The Norfolk Count Registry of Deeds quarterly report ending Dec. 2008 indicates the total dollar volume of sales was off 42.6% compared to the same quarter last year (note last December could have been inflated by large commerial transfers.)

Compared to the same quarter last year, the number of recorded deeds was down (11.8%) while the average sales price was down (34.8%.)  The glimmer of good news was the decrease in average price was only off 4.2% from the last quarter (July-September, 2008).  Are we reaching an end of declines or will this continue?

Here I've made a graph of the average sale price data for residential and commercial transactions where the price was greater than $1,000. While large transactions (especially commercial ones) can skew the average, it shows the general trend.  Next quarter's numbers should be interesting to compare as the coming quarter showed the greatest decrease last year (from the previous quarter: $756,026 vs $587,931). Given the more recent trends, however, the next numbers may help signal if the bottom of sales price decreases in Norfolk County has been reached or if average prices will continue to decrease--like they have over the last few quarters.

Below are excerpts from the last five quarterly reports from the Norfolk County Registry of Deeds site offered by William P. O'Donnell, Register of Deeds and Assistant Recorder of the Land Court.
Quarter Ending December, 2008
Total dollar volume of real estate sales in Norfolk County for the quarter period from October to December, 2008, settled at $894.5 million. A year to year comparison to the quarter October to December, 2007, shows this total value off 42.6%. The total number of 3115 deeds recorded during the October to December, 2008, quarter was down 11.8% compared to 2007, indicating that the market activity did not decline as sharply as values. The average sale price of deeds over $1,000 (both residential and commercial properties) fell to $494,469, a decline of 34.8% from the same quarter in 2007. Although the Norfolk County real estate market continues to reflect the severe problems that confront the region and the nation, the average price during the just completed quarter was off only 4.2% from the previous quarter – July to September, 2008.
Quarter ending September 30, 2008.
Total dollar volume of real estate sales in Norfolk County for the quarter period from July to September, 2008, settled at $1.34 billion, only slightly below the total from the immediately previous April to June quarter. A year to year comparison to the July to September, 2007, quarter, however, shows this total value off 36%. The total number of 3,887 deeds recorded during the July to September, 2008, quarter was down 10%, which actually reflected an improvement over the sharp 46% decline in the April to June quarter’s year to year look back. This leveling in the number of deeds recorded indicates some resilience in the overall activity of the Norfolk real estate market, although the average sale price of deeds over $1,000 (both residential and commercial properties) fell to $516,189, a 28% decrease from the same quarter in 2007. At least some of this decline is most likely attributable to the strength of the previous year’s quarter’s more numerous higher end commercial transactions. This average price was off only 8% from the April to June, 2008, quarter.
Quarter ending June 2008.
Total dollar volume of real estate sales in Norfolk County for the quarter period from April, 2008 through June, 2008 stood at $1.38 billion. This represents a 16% decline from the comparable period last year. The total number of 3868 deeds recorded during the period was down 46% from the previous year’s April to June quarter. This sharp decline in the number of deeds recorded when viewed in light of the much more modest decline in total value of real estate conveyed indicates the continuing relative strength of the higher end real estate market. The average sale price of deeds over $1,000 (both residential and commercial properties) fell to $560,251, a 33% decrease from the same quarter in 2007. This decline is most likely the result of fewer higher end commercial transactions. However, this average price was only 4.5% less than the average price from the previous quarter, January to March 2008, and only 2% less than the average for the April to June quarter of 2006, which could be an indication that price declines have leveled off.

Quarter Ending March 2008.
 
Total dollar volume of real estate sales in Norfolk County for the third quarter period January, 2008 through March, 2008 was just short of $875 million. This represents a 38.5% decline from the comparable period last year in dollar volume. The total number of 2956 deeds recorded during the period shows a decline of 18% from the previous year’s quarter. This decline is only slightly higher than the decline in the second quarter report (Oct. to Dec., 2007 declined 17% year to year) and may indicate that we are at, or near, the slowest point of the real estate market transaction slump. The average sales price of deeds over $1,000 (both residential and commercial properties) fell to $587,931, a 12% decrease from the third quarter of fiscal year 2007. This decline is most likely the result of the higher number of low end sales driven in part by the rising rate of foreclosures.
Quarter Ending December 2007
Total dollar volume of real estate sales in Norfolk County for the second quarter period October, 2007, through December, 2007, was just short of $1.6 billion. This represents a 9% increase from the comparable period last year in dollar volume, although the total number of 3533 deeds recorded during the period shows a decline of 17% from the previous year’s quarter. The average sales price of deeds over $1,000 (both residential and commercial properties) rose to $756,026, a 30% increase over the second quarter of fiscal year 2007 when the average price was $580,660. This strong increase is most likely the result of the sale of some larger commercial properties in Norfolk County as well as the continuing trend of medium to higher priced properties selling at a better pace than those at the lower end of the market.

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