DEMA Seminar - How to Avoid Litigation from Scuba Intros and General Instruction

[PhilEllis]

Apparently, Rick Lesser has a response..................

From DiveNewsWire.............http://www.divenewswire.com/NewsITems.aspx?newsID=10646

An Open Invitation to PADI's Brian Cronin from Rick Lesser


Industry attorney Rick Lesser responds to statements distributed yesterday by PADI.

An Open Invitation to PADI's Brian Cronin from Rick Lesser - Come to my DEMA Seminar Friday and Hear the Answers to the Questions You Wanted Your Members To Ask....

Yesterday Brian Cronin , PADI's CEO, sent a blast email to its membership urging them to attend Rick Lesser's Seminar on Risk Management covering a case involving the death of an intro Diver.

He also suggested questions for them to ask Lesser.

Ironically, Lesser had actually cancelled his seminar two weeks ago because of personal family reasons, asking the sponsors to try to find a substitute at the last minute. However, in light of Cronin's email to PADI members, he will now appear and not only discuss the facts of the intro death case, but will offer a Powerpoint presentation of Cronin's questions, providing the answers in detail, and offering questions of his own to Brian.

Cronin, PADI's upper management and their members are invited to attend and participate.

"I was astounded when I read Brian's email yesterday" says Lesser. "With all of the serious issues facing the dive industry, and particularly after the "Let's all get along" comments in Al Hornsby's resignation letter three days ago, I frankly thought PADI might have some larger issues of a positive nature to focus on for the dive industry at the show, but apparently they don't." Perhaps attending my seminar will help them out in that regard."

The Seminar is scheduled for 1:30 on Friday, November 6, at the Convention Center, but in light of the expected overwhelming attendance the room might change.

This communication was submitted and sponsored by Rick Lesser/Dive Law.

 

[cerich]

I'm in shock, truly.

setting out to humiliate a lawyer VERY GOOD at his job who once was gatekeeper to the skeletons in the closets seems a bad idea...

 

[Jim Lapenta]

God I so want to go! BTW Chris I will be sending you a little something that is distantly related to this issue. Can you Pm me your reg email. It will be a word and Powerpoint too big to PM here. I don't know if it will get to you before dema but I'll try.

 

[PhilEllis]

I'm in shock, truly.

setting out to humiliate a lawyer VERY GOOD at his job who once was gatekeeper to the skeletons in the closets seems a bad idea...

If this is the aquatic adventures hawaii lawsuit that has these guys steamed, I am completely shocked. I think that suit is still ongoing. Calling out the lawyer who sits opposite in an email? geez.

Phil Ellis
www.divesports.com

 

[ItsBruce]

I know Rick Lesser well and have been an expert "against" him many times. I strongly recommend that you listen to what he has to say, Rick does not pull his punches and knows what he is talking about. If anyone videos it, or just audio records it, please let me know ... I really wish I was there in person.

If there are copies, I'd like one, too. ... Thal, if you get a copy, will you share? If I get one, I'll share. Actually, I'll call Rick and ask if he has a copy. Oh, maybe I'll ask him to speak at our dive club!

 

[ItsBruce]

I'm in shock, truly.

setting out to humiliate a lawyer VERY GOOD at his job who once was gatekeeper to the skeletons in the closets seems a bad idea...

An attorney is legally obligated to keep any skeletons he obtains from his clients in confidence, in the closet. I strongly doubt Lesser would violate that duty. Information that was not obtained from a client or that was obtained from a client, but not in confidence, is fair game to be used against anyone other than that client. And, anyone against whom that information is being used should only complain that (1) they had not hired the lawyer first, or (2) they did not act on the information and make the industry safer.

 

[ItsBruce]

Now that I've read the whole thread (and replied to two specific posts), I'll add my own comments.

I am shocked and amazed by Mr. Cronin's alleged letter. (I say alleged because I do not know if he actually sent such a letter or it is fabricated by someone else.) It is truly in poor taste and smacks of the lamentations of a sore loser.

I have never met Rick Lesser personally. I saw a car in a parking lot with a license plate saying something about "law" and "scuba" and I left a note on it asking the owner to call me. As a result, I spoke to Lesser. That is my only dealings with him. Thus, my only "dog in the fight" is that of good taste.

According to Mr. Cronin's letter, he wants someone to ask Lesser

"Approximately how much money has Lesser and Associates made in the last 5 years directly or indirectly from suing dive resorts, dive centers, dive operators, individual dive professionals, dive training organizations and their respective insurance companies? And, what percentage of this money has been put back into the industry?"

I lack the appropriate adjectives with which to describe the inquiry.

Does it matter how much money Lesser has earned? Isn’t the real question how many injured divers has he helped receive compensation for injuries? And, is there any reason someone should put a portion of their salary for performing their job into the scuba industry (other than by way of purchasing gear)?

I am an attorney who for years defended insurance companies when they were sued over their claims handling. I developed an expertise in that area of the law. Now, from time to time I find myself representing a client who is suing his or her insurance company for refusing to pay a legitimate claim or for paying only a portion of what it owes. I cannot see why it should matter to anyone (1) how much I earned by defending insurance companies, or (2) how much I earn in forcing them to pay what they owe. I can't imagine why it should be different in the scuba industry. I regularly contribute to worthwhile charities. However, the only money I have ever contributed to the insurance industry is what I pay as premiums for insurance and I do that only grudgingly. Why in heaven's name should I contribute to the insurance industry?

Does anyone here contribute to the scuba industry? (I do not mean buying products or teaching classes for a fee.)

BTW: By speaking at DEMA, Lesser is contributing to the industry, and I assume he is not being paid, least of all at his customary hourly rate.

According to Mr. Cronin's letter, he wants someone to ask Lesser

"Since the major dive training organizations like SSI, PADI and SDI, and their member dive resorts, dive centers and individual dive professionals all offer similar introductory programs meeting the RSTC standards, aren’t your successes in bringing these suits making litigation from other lawyers even more likely?"

My thoughts: Probably, but so what? if a resort, dive center, professional, etc. negligently causes a diver to be injured, isn’t it appropriate that the resort, dive center or professional be held accountable? How is negligence in diving different from negligence in driving? I never hear people say that by representing someone who is injured in a car crash, a lawyer is improperly promoting litigation against other negligent drivers.

According to Mr. Cronin's letter, he wants someone to ask Lesser

"In the spirit of public safety, wouldn’t Lesser and Associates have better served the dive industry by offering to advise the RSTC regarding intro courses? Or, did you determine – as it appears – that it’s better just to sue the members of industry?"

If the dive industry had hired Lesser to work for it, then Lesser should work for it and its interests. If an injured diver hires Lesser, his duty is to the injured diver. Unfortunately, very little induces an industry to promote public safety more than the specter of having to pay compensation to those who are injured by its failure to do so. For those who may not recall Ford had a problem with its Pinto automobiles – they tended to explode in flames if hit from the rear. The problem had to do with the way the fuel tank was mounted. The cost of correcting the problem was in the range of only a few dollars per car. However, given the number of Pintos that Ford sold, the total cost was very high. Thus, Ford made the internal decision that it was less expensive to pay an occasional settlement or judgment than to fix the problem. It was only when the cost of the settlements and judgments escalated that Ford actually fixed the problem.

According to Mr. Cronin's letter, he wants someone to ask Lesser

"Why would you use what you learned in that relationship against the industry?"

A lawyer who has represented a client may not (1) disclose confidential information obtained from the client without the client’s express written consent, or (2) undertake the representation of one with an interest that is adverse to a former client on a matter similar to the one in which he represented the former client or where he confidential information obtained from the former client. Beyond that, what is wrong with using expertise developed in representing a client against someone else even if that someone else is in the same industry? No one complains that it is wrong when a player for one football team goes to another team and then plays against his former team, e.g. Bret Farve playing against Green Bay.

Does anyone think that because I learned about insurance law in representing insurance companies, it is somehow wrong of me to represent a policyholder against an insurance company that I have never represented, just because it is in the same industry as my former clients?

According to Mr. Cronin's letter, he wants someone to ask Lesser

"If you are willing to sue your former client and its members, would you be willing to sue anyone in this room?"

I do not know about Lesser, but I would. Why ever not? If someone in the room was negligent and that negligence was a proximate cause of an injury, that person deserves to be sued. Note: there are heavy restrictions relating to suing a former client, but members of an association are not clients or former clients of an attorney who only represents the association. Also note: If I don't think someone was negligent, then I'm not going to take the case and any lawyer who repeatedly takes on plaintiff cases where there is no liability will starve to death and leave the profession.

End rant.

 

[cerich]

An attorney is legally obligated to keep any skeletons he obtains from his clients in confidence, in the closet. I strongly doubt Lesser would violate that duty. Information that was not obtained from a client or that was obtained from a client, but not in confidence, is fair game to be used against anyone other than that client. And, anyone against whom that information is being used should only complain that (1) they had not hired the lawyer first, or (2) they did not act on the information and make the industry safer.

of course, but would not the questions that PADI has REQUESTED their members toask release Rick from privledge if the answers to the questions relate? Yes, I know that would actually be on efor the bar assoc. or a judge but it will be interesting..

 

[Leadking]

With all the turmoil and in-fighting this may be the most interesting DEMA in years! What a great P.R. stunt to get attendance up!

 

[cerich]

With all the turmoil and in-fighting this may be the most interesting DEMA in years! What a great P.R. stunt to get attendance up!

yeah sure the halls will be overrun... not.

http://events.ntpshow.com/dema09/public/FloorPlan.aspx?ID=406&sortMenu=104000 there is enough room left in the hall to play a pick up game of football....