Disorderly Conduct Law

Harvard professer Louis Gates made headlines recently when he was arrested for disorderly conduct outside his home in cambridge, Massachusetts.

The resulting fray went national when a friend of Gates (who happened to live in the White House) appeared on a nationwide TV broadcast to say that Cambridge police "acted stupidly" when they led the professor from his home in handcuffs.

Whether you agree or disagree with the former-lawyer and now US President Barack Obama, most legal experts say that disorderly conduct charges depend largely on a judgement call by the cop at the scene. So what were the Cambridge cops thinking?

Examples of disorderly conduct usually include:

Inciting a riot

Public drunkenness

Loitering in public places

Fighting

Traffic obstruction

Obscene or abusive language

Making unreasonably loud noise or "disturbing the peace"

Given the array of interpretations of loitering, abusive language, or the most nebulous charge of "disturbing the peace" (actually, Gates was taken in by the arresting officer for “exhibiting loud and tumultuous behavior”) it's hard to say.

Gates, who is black, was arrested outside his own home after identifying himself as the owner.

Granted, the Harvard professor let off steam by yelling at the officer for questioning him.

"Do you know who I am?" asked Gates, possibly touching off a battle in the ongoing class warfare between the Harvard elite and everybody else who lives in Boston.

Perhaps it was racism. Would a white professor have been arrested under the same circusmstances?

Whatever the reason, expressing First Amendment free speech rights by yelling at a police officer does not constitute disorderly conduct in Massachusetts, nor should it in any other state in the Union.

More about disorderly conduct around the Web:

Examining Protocol In Disorderly Conduct Cases

Disorderly Conduct in Criminal Law

US Law Dictionary - Disorderly Conduct

When Health Insurance Companies Refuse to Pay

Having trouble with your health insurance?

Odds are that you, or somebody you know, have had to fight with a health insurance company recently over medical bills that they refuse to pay.

Like all companies, health insurance firms are for-profit businesses, and every medical claim they fail to honor - despite the high premiums they charge - is yet another chance to put money in their pocket.

So short of hiring a lawyer, what's a patient to do? A lot more than you think, say the experts.

Remember that while individuals may not hold powerful sway over a large company, there's safety in numbers in getting your appeal heard. Here's how to be your own advocate or to enlist help in getting your medical claim paid:

• If your insurance company refuses to pay a claim on the grounds that a certain procedure is not "medically necessary", read up on evidence related your particular condition. Get letters from your doctors, or gather additional testimony in print or on the Web that support your claim, i.e., with articles from JAMA, or other medical journals to support the effeciveness of your treatment. On your next appeal, pile on the paper.

• "Sorry, That's A Pre-Existing Condition" - A favorite of insurance claim reviewers, this one is often used as a scatter-shot approach to deny a claim, and any flimsy excuse can be enlisted in trying to enforce it.
  
  In one recent NY Times article, for example, (Getting a Health Policy When You’re Already Sick) a patient was denied treatment of mouth cancer because he was treated for a canker sore six months earlier. The health insurance company later reinstated coverage only after the patient's doctor successfully proved that the two conditions had absolutely nothing to do with each other.

• Again, you don't have to take no for an answer. Most health insurance companies are betting that you'll get tired of appealing and just give up.
  
  Luckily for consumers, there's plenty of other assistance available by enlisting the help of your state insurance watchdog, or by contacting the Patient Advocate Foundation who do a wonderful job in helping patients push back against health insurance denials.
  
  Finally, if all else fails, get an attorney involved. There's nothing like a threat from a law firm (or at least a related "cc" to them on all correspondence) to make health insurance companies sit up and take notice.
  
  

More about dealing with health insurance companies around the Web:

Fighting health-insurance claim denials

How To Appeal A Denial Of A Health Insurance Claim

How to find a pro bono lawyer

If you're having trouble paying for legal professional advice and representation, there may be no better time than now to seek pro bono services. As the economy continues to tank, layoffs among top law firms finds lawyers in the same boat as everyone else. 

Of course, there's no way to tell if these newly unemployed attorneys will be willing to take on pro bono work as a result of a layoff. But it certainly doesn't hurt to bolster their resumes as they look to join a law firm that's hiring. 

A long-standing pro bono recommendation by the American Bar Association (ABA) states that ethical rules should compel any attorney to contribute to "pro bono" or to "the public good" by logging at least 50 hours a year to pro bono work. Top law firms even in good times will often encourage pro bono work to enhance their firm's standing as good corporate citizens, although the 50-hour per year ideal is a goal rarely met in the real world.

Your local state bar association is a good place to start if you are seeking a lawyer to handle your case without a fee. Statistically, you're in a better position to find a pro bono lawyer in the US if you live in major cities like Chicago, New York, Washington DC, LA or Atlanta where well-heeled law firms are better positioned to take on pro bono cases.

You may also want to check with advocacy groups that fight for kids and families, victims of crime, discrimination, or advocate for immigration and aslyum, etc., which may apply to your particular case.

If you live near a law school that funds a public interest or pro bono program, check to see if there is a community center or law clinic where professional services are offered by students usually under the supervision of a professor.

Finally, don't be afraid to go the old-fashioned route, by asking friends or family members for recommendations. A local clergyman may also be helpful in finding a church member who would be willing to take your case on a pro bono basis. 

More about finding a pro bono lawyer around the Web:

Pro Bono & Legal Aid Services Programs in the US

Directory of Pro Bono Programs