Monthly Archive for May, 2008

Beauty and the Beast: How Attractiveness Affects Your Life

It’s been a long time since discrimination and contempt for others was a common out-in-the open occurrence in the society. These days, most people seem to have become more civil when it comes to handling their reservations against others who do not seem to fit their standards. But then again, it sometimes seems like discrimination appears to be an almost central part of the world existence. Taking this abstract concept to a more concrete example, let’s take the ever-present comparison done between who society considers “beautiful” and “ugly”. This is the question we’re going to explore - is it indeed legal to discriminate against those that we consider “ugly”? Are one’s physical features the basis of societal acceptance?

A Real Life Scenario

Beauty Salon Neon Sign | Night Time Background

Imagine that you are the boss of a big corporate firm. Naturally, applicants for an advertised position come and go. They may be coming in by appointment or as walk-in applicants. Now, for a job position that requires a female, you finally come to the point of limiting your final choice into two candidates. The thing is, one of which you find to be a beautiful woman while the other is not. As you take a look at their resumes, you find both of theirs equally impressive. There is no question as to their potential ability in handling the. They give you accurate answers during the course of the interview. Confidence and self-esteem in their abilities is equally high for both. But then again, the task requires dealing with lots of people face-to-face. The bottom line is - which of these two applicants would you hire? Or take this instance. You are currently looking for a hotel manager. Your clientele attracts wealthy foreigners and a-list celebrities. Are you willing to assign someone in the front line who doesn’t exude a pleasing appearance but may be perfectly suitable for the task?

The question remains, is beauty truly an important requirement to land a job? Why do these job applicants bother to dress up and apply makeup on their faces if appearance isn’t an issue? University professors often inculcate in the minds of their students the fact that applying and accepting your first job in your chosen career is the start of your professional life. Applicants sell their skills. Their resumes must be grammatically correct, legibly written, and impressive since it is their passport to obtaining the dream job that will define their future.

The Comparison: “Beauty and the Beast”

Hottie & the Nottie Movie Poster | Crop Image

So is it morally right to choose the beautiful over the ugly? Is it not impolite to include the words “with pleasing appearance” in bold letters among the number of qualification requirements in a job post? Well again, maybe for those less ethically inclined, this can be acceptable. If all that influences an interviewer’s choice of candidate for the job is the applicant’s beauty, then most likely, all you’ll see in these offices are handsome men and beautiful women who appear to be in a beauty pageant. Where does this leave the not so physically blessed people? Are they doomed to become vendors in the subway alleys? How about the issue of ability - do people assume beautiful people automatically are smarter than their less physically attractive counterparts?

Practically speaking, not all careers require an exceptional physical appearance. However, may beauty be a tool in creating an impressive business presentation?

As Shown by Leading Studies

Scientist looking into microscope, trying to find the origin of beauty.

Dr. Daniel S. Hamermesh spearheaded an infamous survey in Canada and the United States which reported that less attractive people earned less while the more attractive people earned more. In line with the legal career and profession, the private practicing lawyers are those who are generally considered good-looking while their opposites are settled in the government offices. He found that better-looking attorneys who graduated in the 1970s earned more after 5 years of practice than their worse- looking classmates, other things equal, an effect that grew even larger by the fifteenth year of practice. Male attorneys’ probability of attaining an early partnership also rises with their handsomeness. To wrap it up, his study proved the unfairness in the treatment of both sides. The “beautiful people” earned higher revenues compared to the non-beautiful. And one more thing, most of the elected officials were rated to be attractive as well! (Reference: “Beauty, Productivity, And Discrimination: Lawyers’ Looks And Lucre,” Journal of Labor Economics, 1998, v16(1,Jan), 172-201.)

Is this supposed to be the case? Is this meant to add insult to the injury of ugliness? Physically, economically, politically, and emotionally, the gains seem to be geared more towards the beautiful. Does it follow that beauty constitutes good character as well?

When Beauty is Favored

True to what has been said, reality simply sinks in that being beautiful is greatly favored. People tend to choose beautiful friends, beautiful lovers, and beautiful employees. One’s physical attraction plays a major role in the acceptance that he or she will find in their respective environments - whether in their professional lives or personal lives.

Does all of this mean that the non-beautiful person is doomed?

Lawyer Held in Contempt of Court for Pretending to Masturbate

Can the law ever become too lenient? Everybody is familiar with the tag line “ignorance of the law excuses no one” and true to its strictest sense, no one, even those in privileged positions are excused from any of the provisions of the law. If you committed your transgressions and violated any of these provisions of the law, you are directly subjected to the scrutinizing eyes of the court. When faced with such a prospect, you need to protect yourself and get a legal professional to defend you.

Expectations for a Defense Lawyer

Who else do you turn to other than a defense lawyer? Typically, the government provides the services of a public defense lawyer should the person be financially incapable of paying for their legal counsel. Of course, a defendant with financial means at the disposal can definitely bring forth his personal lawyer.

Now, what are the usual thoughts that go through your mind when thinking about the services that a defense lawyer will provide for you? Are they not supposed to be the ones defending their clients against the impending punishment looming over their heads? Moreover, defense lawyers are also expected to keep abreast of the entirety of the list of laws which the Constitution or the Law of the Land embodies. Lawyers are also expected to carry themselves with dignity, professionalism, and style at all times as well. This entire concept has been entirely shoved to the side in the case of attorney Adam Reposa.

Defense Attorney Adam Reposa Crosses the Line

Attorney Adam Bulletproof Reposa, esq. | Collage of His Images

At 33, Adam Reposa, an Austin defense lawyer was charged with criminal contempt of court as he made the gross mistake of committing lewd gestures in the courtroom right before the eyes of County Court-at-Law Judge Jan Breland. Reposa allegedly aimed his simulated masturbatory gesture directly at Judge Breland and the judge found this act to be malicious and contemptuous, to say the least. As a result, the Austin defense lawyer was led out of the Heman Sweatt Travis County courtroom bearing handcuffs. For this misdemeanor, defense lawyer Reposa has been sentenced to jail for a period of 90 days. District Judge Paul Davis has stressed that he was proud to clear things out in order to “uphold the integrity of the judicial process”.

How Reposa gesture came about was while defending his client on the charge of driving while under the influence of alcohol. What the court didn’t expect was the dramatic turn of of events. In the course of representing his client, he suddenly looked directly at prosecutor Richard Gentry, rolled his eyes, and pulled off the obscene gesture during the pretrial hearing. Judge Breland found Reposa’s actions to be “intentional and contumacious conduct during the court’s review of the plea bargain offer to his client before jury trial.”

When Contempt is Part of the Legal Picture

The Honorable Judge Jan Breland Image

In basic terms, contempt of court is a civil infringement with a criminal punishment. Retired Judge Davis was assigned to hear the complaint filed by Judge Brendal. Judge Davis clarified that contempt of court is a complaint filed against a persona whenever the court decorum is violated for any grounds applicable. The judge noted that Reposa seemed to be undecided on whether to admit his fault or justify his act because he reportedly did both things during the hearing that took place in the county attorney’s office. Reposa also tried to argue that he didn’t intend the gesture for the judge but instead it was meant for the prosecutor.

In case you were wondering, Reposa’s name is listed on the State Bar Web site as Adam “Bulletproof” Reposa.

The State of Texas v. LeCharles Williams | Judgment of Criminal Contempt of Court by Adam Reposa

(Click to view image full-size)

Donald Trump Files Lawsuit Against Law Firm Over Legal Fees

Donald Trump is in the news once again. This time he is suing Manhattan law firm Morrison Cohen LLP and his lawyer who represented him in a malpractice suit, saying that the law firm has treated him like a “cash cow” by overcharging him and performing unnecessary work in order to bill more hours and therefore handing him what he feels is a huge legal bill. Mr. Trump is claiming he has enough experience in dealing with lawyers and feels that he knows when he’s been overcharged on legal fees. This time he feels that the legal fees quoted are not fair and a malpractice suit is in order. Trump, who has said that he has already paid Morrison Cohen $1 million in legal fees, is asking for $3 million in damages in his malpractice suit.

“I have dealt with a lot of lawyers and paid a lot of legal fees,” says Mr. Trump. “I have a Ph.D. in legal fees. I know when fees are fair and when they are not.”

Overview of the Legal Battle

Donald Trump v. Morrison Cohen | Trump sues law firm over big legal bill

Morrison Cohen’s David Scharf was hired by Trump last year to represent him in a suit against a golf course contractor, who Trump felt overcharged him for the service. They won the case and Justice Kenneth M. Rudolph who handled the case, awarded Trump almost $2 million in damages for the earth-moving contract and about $40,000 for the infrastructure. In addition, $1.3 million was also awarded for attorney’s fees. Despite the success of the malpractice suit, Trump feels that Morrison Cohen should have advised him not to pursue the infrastructure claims since it would certainly incur more cost and would outweigh any recovery. He said that most of their conversations were centered on legal fees and very little was discussed about the merit of the case.

“Ninety percent of the conversations I had with David Scharf were about legal fees, not the case,” said Trump. “We won the case because I’m a great witness.”

On the other hand, David Scharf maintains that the infrastructure issue was an integral part of the success of the case, and that it was necessary because the defendant has raised the issue. Scharf said that Trump was using his popularity as a negotiating tactic to get a discount because of the successful outcome of the case. Scharf also believes that his firm fairly billed Mr. Trump for the services rendered. They have counterclaimed for $470,000 in legal fees that they say remains unpaid.

This isn’t the first time Donald Trump has faced off against Morrison Cohen. Robert S. Cohen, the firm’s co-founder, represented Ivana Trump when she divorced from Mr. Trump in 1991.

“I beat him too,” said Mr. Trump, referring to attorney Robert S. Cohen’s attempt to bypass the Trump’s prenuptial agreement.

Donald Trump is represented in his malpractice suit by Alfred Donnellan of Delbello Donnellan Weingarten & Wiederkehr in White Plains, N.Y.