HAPPY BELATED CANADA DAY!!

I hope you and yours enjoyed a great one.

As for me and mine, I am happy to report that Yours Truly managed to not just celebrate our great country and spend some bonding time with my youngest daughter, but I also dotted all my i's and crossed all my t's ... that's right - I finished up the last of the paperwork necessary to finalize the change back to practicing status.

So please welcome my firm, MMC Legal Services, into the big bad world. And spread the word, this particular firm only serves the disability community.

Cross-posted at A Primer on Special Needs and the Law

Whazzup, Buttercup?

Hey there all you hale and hearty fans of Free Falling. How goes it?

Whoa, settle down, settle down, all questions will be answered in due course.

1.  Yes, yes, I am still alive - thanks for asking!

2.  And yes, I have been busy. Very busy, in fact. My, aren't you all a discerning lot.

3.  Well, if you really want to know, I mean if you insist.

Sorry, I can't seem to hear you.

. . .

 . . .

Ah, there you are. Very well - I have been (amongst many other things) preparing for my return to the (part-time) practice of law.

4.  Preparing what? Seriously?? 

5. How's about my office space? My brain? My accounting system? My life? And that's just for starters.

6.  Oh, really, you want to know when?

Very well, that would be ... drum roll please ... wait for it ... July 1st.

7.  Why, yes, that is Canada Day (quite an impressive lot you are, I must say).

8.  No, no, that is only a coincidence. Trust me. But never fear, we shall celebrate both Canada Day and my official return to the practice of law in fine style. That, my good friends, is a promise.

9.  Seriously? You want to know what *other things* I have been up to? You mean this is not enough? What is wrong with you people? What more do you want from me? Blood??

10.  There you go, getting all upset again ... now everyone back in your seats or I won't be saying another word.

. . .

That's better. Now where were we? Crowd control can be sooo taxing at times ....

11.  Sheesh, no sense of humour, this crew. And, just for future reference,
No. 
Further. 
Booing. 
Will. 
Be. 
Allowed.

12. Are? We? Clear?

13.  Very well, I will give you one little example of some of those *other things* I have been up to.

14. How about preparing for the high school graduation of BOTH my daughters? Is that good enough for you?

15.  That's right, I said BOTH my daughters.

16. Right, again. Both those graduations will be held this very month.

17.         ...

Sorry, I've just been advised that we're out of time for today. I regret to inform you that no further questions will be taken at this time.

Thank you very much for attending and please feel free to drop donations of any denomination (the bigger the better) in the tip jar on your way out.

What's that? There is no tip jar?

Damm ... I knew I forgot something!

. . .

Buttercup has now left the building.

To Dream the Impossible Dream

It's been eighteen years since I've practiced law. That's right. Eighteen years.

Long time, no?

You see, I've always said I wouldn't go back to practice unless I could have just a "disability" practice.

In other words, not unless I could only take cases involving disability-related issues. But considering that most families with a disabled family member can't afford a lawyer and I figure that it will likely take Nova Scotia a good 20 years to get to the point where the government helps subsidize the cost of legal representation for families ... I just wasn't feeling the love.

But for the past year or so, I've been playing around with the idea of doing just that ... going back to the practice of law. No, I hadn't given up on what I really wanted or lowered my standards. Nor was the thought born out of desperation.

But I had finally come to realize (with a little bit of help from some friends) that I could use what I have been doing with the NS Legal Guardianship Kit and the presentations on disability-related topics as a springboard.

What if I went back to practice? Just on a part-time basis?

What if I could offer people the option of either purchasing the Guardianship Kit or hiring me to bring their guardianship application? Not only would my fees be significantly lower than the majority of lawyers' but I had also started to develop a reputation in the disability community. People were already asking if they could hire me to bring guardianship applications and I had to explain that no, I wasn't practicing.

So it was that I've been playing around with this idea for a while now.

Tried to talk myself out of it ... after 18 years of not practicing, just how many hoops would the Barristers' Society make me go through before granting me practicing status again? For a while, that seemed like a good enough reason not to proceed any further.

But eventually I realized that I might just be staring in the face (and yet not seeing) exactly what I have been looking for so hard for quite a while now - having convinced myself that I would never go back to practice because, after all, who could financially survive financially with the type of practice I wanted, I had been thinking that maybe the solution was finding work for a disability organization in a position where I could use my legal background and training. But that opportunity simply was not presenting itself. Although, in all honesty, I had come across what looked like the perfect job a few years ago. There was only one problem ... it was in BC. As in clear across the other side of the country. So, yeah. Not so much.

And yet this has been my passion for so many years now - how long have I been telling people that if I could find a way to marry law and disability (and get paid for it), I would be truly happy? Trust me, a long time. Said to a lot of people.

And so it was that eventually, very slowly, light began to dawn on marblehead (that would be me, in case you were wondering) and I "made the decision" (well, kind of, sort of anyway ... who says I'm not decisive?*) to take the leap and return to practice. 

The only problem was that required applying for a change of status (and forwarding the appropriate application fee) to the Bar Society, who would review my application and then tell me what hoops I would have to go through.

Now, really, that change of application fee would be hardly significant for most people. It shouldn't have been a big deal. And yet once I (kind of, sort of) made the decision to go back to practice, there just wasn't any money to spare to make the application. And then every time I planned on doing it (as in as soon as I get paid for ... whatever), something would happen and the money would be demanded elsewhere.

Oh what a tangled web we weave ....

Anyway, on a different note, guess what I did today? Come on. Guess.

No, I didn't finally *find* the money for the application fee.

No, I didn't finally start the required paperwork.

Give up? Are you sure?

All right, all right. I will tell you.

Listen carefully now.

  

(crickets)

Today. I. Mailed. The. Application.

(With. The. Cheque. Of. Course).

To. The. Bar. Society.

(more crickets)

Proud of me? I am. 

Proud. And excited. And more than a little nervous.

And so it is that the adventure continues. Wish me luck!

* In my defence, I did have a few good personal reasons for hesitating about taking the plunge. One being my health. But, hey, why let a little thing like that stop me, right? I figure if I don't try, I'll never know.

Hrrumph

It's not fair, just not fair, I tell ya. Here it was, my chance to be RICH. RICH, I tell ya.

And I'm excluded on the basis of what ... was there something, perchance, that I've done wrong? Did I err in some way?

No. No. I'm excluded on the basis of ... wait for it ... Geography!

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT TO: ALL MEMBERS OF THE SETTLEMENT CLASS, AS DEFINED IN THIS NOTICE A SETTLEMENT HAS BEEN PROPOSED THAT WILL AFFECT YOUR RIGHTS IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS OR SETTLEMENT SUBCLASS DESCRIBED BELOW. PURSUANT TO THIS SETTLEMENT, IN ADDITION TO THE INJUNCTIVE RELIEF BEING OFFERED, YOU MAY BE ENTITLED TO SUBMIT A CLAIM FORM TO RECEIVE BENEFITS UNDER THE SETTLEMENT.

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.

1. WHY DID I GET THIS SETTLEMENT NOTICE?
The purpose of this Notice is to inform you that a proposed settlement (the "Settlement") has been reached in the consolidated class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-cv-0045-RAJ (the "Litigation"). This Notice explains the Litigation, the Settlement, your legal rights, the injunctive relief being offered through the Settlement, what additional benefits are available, who is eligible for them, and how to get benefits if you are eligible.

2. WHAT IS THIS LAWSUIT ABOUT?
In this Litigation, Plaintiffs assert class action claims against Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc. ("Defendants"). Complaints filed in the action allege, among other things, that Defendants sent email messages to subscribers of http://www.classmates.com/ that were in violation of the law and engaged in conduct that had the potential to violate w ww.classmates.com users’ privacy rights. Defendants have denied and continue to deny Plaintiffs’ allegations and maintain that Defendants have not engaged in any wrongful
conduct. Defendants also contend that the Litigation is not suitable for class action treatment. Defendants have nevertheless concluded that it is in their best interests that this Litigation be resolved subject to and on the terms and conditions set forth in the Settlement Agreement.

This Settlement is the result of arm’s-length negotiations between Plaintiffs in the Litigation, individually and on behalf of the Settlement Class and Settlement Subclass, and Defendants. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Plaintiffs further believe that this Settlement is in the best interests of the Settlement Class and Settlement Subclass. Please be advised that the United States District Court for the Western District of Washington has not ruled on the merits of Plaintiffs’ claims or Defendants’ defenses and, therefore, you should not make any assumptions about the strengths or weaknesses of the claims or defenses in the Litigation.

3. WHO IS COVERED BY THE SETTLEMENT?
For settlement purposes, the parties have stipulated to the certification of a Settlement Class and a Settlement Subclass, as defined below.

"Settlement Class"
All Persons, excluding Settlement Subclass members, residing in the United States who were registered with or subscribed to w ww.classmates.com at any time between October 30, 2004 and April 19, 2010.

"Settlement Subclass"
All Persons residing in the United States who registered with or subscribed to http://www.classmates.com/ between January 1, 2007 and April 19, 2010, and who paid for a Gold Membership subscription to w ww.classmates.com (and did not previously receive a refund of such payment) as a result of:

Upgrading to a Gold Membership through the process on Classmates.com of seeking to see who visited their Guestbook; or Upgrading to a Gold Membership after clicking on a link to Classmates.com in a Guestbook email, or Connections email that included a Guestbook subject line, and upgrading to a Gold Membership within the same session activated by clicking on that link or within the same day of clicking on that link; or Upgrading to a Gold Membership within the same day of receiving a Guestbook email or Connections email that included a Guestbook subject line.

You are receiving this Notice because you have been identified from Defendants’ records as a potential Settlement Class member. According to Defendants’ records, you do not appear to be a Settlement Subclass member. There is no overlap between the membership of the Settlement Class and the Settlement Subclass. If you have any questions regarding your claim, please contact the Settlement Administrator at the address listed in Section 5 below.

4. AS A SETTLEMENT CLASS MEMBER, WHAT AM I ENTITLED TO?
In addition to injunctive relief, as a Settlement Class member, if you do not exclude yourself from the Settlement and if you timely submit a Valid Claim Form, you are entitled to receive a credit of $2.00 off of the purchase or renewal of a http://www.classmates.com/ Gold Membership. Under the Settlement Agreement, Settlement Subclass members are entitled to receive either a cash payment of $3.00 or a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership.

In addition to its cash and credit components, the Settlement also provides, on a non-opt out basis, for Defendants to provide injunctive relief to all Settlement Class and Settlement Subclass members. A description of the injunctive relief that Defendants are providing is set forth at the following website: http://www.cmemailsettlement.com/.

5. HOW CAN I GET THE CREDIT THAT I AM ENTITLED TO?
To receive a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership as a Settlement Class member, you must fit the description of a Settlement Class member and timely send a Valid Claim Form to the Settlement Administrator.

You can read the rest of it here.

But just remember who sent you on the journey towards your new-found riches.