December 4, 2009
Business Law, Internet Law, Business, International Law, Securities Law, Law, La
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If you are an owner, member or operator of a non-corporate limited liability entity that either was organized pursuant to the statutes of the state of New York or that is duly qualified to do business in New York, time is running out.
By this it is meant that you have only until May 31, 2007, to make certain that you fully are in compliance with certain new newspaper publication and filing requirements that went into effect in the state of New York.
Specifically, if your limited liability entity (LLE) either was either formed in the state of New York or qualified to do business in the state of New York between January 1, 1999, and June 1, 2006, you must make certain that your limited liability entity is in compliance. The new law permitted a grace period of until the end of May to get into compliance. The legislation requires any LLE formed after June 1, 2006, to meet the newspaper publication and filing requirement no later than one hundred twenty (120) days after formation or qualification.
The compliance process for your LLE actually is not that cumbersome or complicated. In order for your LLE to become compliant, the following steps must be taken:
1. The notice that is required of an LLE pursuant to the new law must be duly published in an appropriate weekly newspaper as described in that legislation for six (6) consecutive weeks.
2. Following the publication process as described above, a certificate of the publication together with the duly executed affidavits from the newspaper in which the notices were published must be filed.
The reality is that this process easily can require a ninety (90) day period to make arrangements for publication, undertake the publication process itself and to make the appropriate filing. If you have not commenced the compliance process we have outlined for you, you must make certain that this process is underway immediately or run the risk of becoming non-compliant.
In order to ensure that your LLE is in complete compliance in the future, you will want to make certain that you sign up for our authoritative email alerts and legal updates. If you have any questions or concerns about the compliance issues that have been discussed with you today, or any other issues regarding your limited liability entity, feel free to contact us for a consultation either by telephone or via e-mail.
.About the Author:
Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how we can help you at http://www.masudco.com
November 25, 2009
Homes, Hurricane, Day, TOWN, Areas, Evacuation, Katrina, Hit, Beloved, Grim, Harsh, Worried, GulfCoast, The
Survivors, Left
Their, Marched, Very
Uncomfortable, Leaving
Their
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The day after Hurricane Katrina hit the GulfCoast town, the
survivors were too worried about their homes. They have left
their homes and marched to evacuation areas that made them very
uncomfortable.
This was very grim and harsh for them leaving
their beloved homes.
They were all startled to see their house have turned down and
destroyed every single thing they have built even their precious
possessions. There was this couple who were crying upon seeing
their house in total wreck. If only it took a little time
recovering the house but it seems as if it may take the whole
thing to begin fixing it up.
From a perfect peaceful house, now became rubbles. They just
held tightly to each other and sighed that at least they still
got each other. This reparation will surely take a lot of time
and effort. This tragedy surely will affect the economical
crisis but that is not the problem at hand now.
The government should be able to help their people in dealing
with their losses. First things first, health and food is the
most important. They should know better ways to prevent such
losses and they should be precise in monitoring. When you go
about the places in New Orleans, you will hear and see people
walking all across the streets unhappy and reaching out for
help. This has brought all the families in too much suffering
and pain.
All they could do now is worry about their own safety and
protection. This certainly brought them to traumas and negative
effects. The worse is for those who had been suffering health
problems. Health problems have increased but emergency and aid
this time is scarce so the more they become prone to sickness
and diseases. If this all gets over, what awaits the people and
their homes? Too many people question if they could still find a
warm place where they can shelter their own family just like
before.
Perhaps they just have to wait and see what the government and
the president has to do with them. Some families are too
depressed to see their homes wrecked. The laughter and smiles
that were kept in their homes before Katrina have come to vanish
and they feel like it has left them a mark, a mark that is meant
to change their lives.
For more related articles, you may visit
http://www.mesrianilaw.com
.About the Author:
Karen Nodalo came across writing when she was about 11. The
whole craze for writing started when she first wrote her diary
during elementary years. After school, she would write in it
first before doing homework. She finds it cool and until now she
still keeps one.
November 22, 2009
Con Man, Con Men, Legal Thriller, Legal Scams, Legal
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The quickest way to tell if your stock broker is a scam artist, using your account for broker profits rather than yours, is to look for evidence of “churning.
”
Say you have just opened a stock brokerage account and your broker puts you into Fast Buck Industries as your very first “investment.” You get your first statement and see that she has traded Fast Buck three times. You also note several stocks listed that you had not discussed.
It’s only unethical or illegal if you get caught, is often the rationale.
You ask a few knowledgeable people, who know a little something about the stock brokerage business as well as stock scams, and they feel that your new broker is a scam artist who is “churning,” buying and selling for your account–frequently–in order to generate more income for herself through increased commissions. A shark is the only fish that can blink with both eyes, you might note, as you try to fit applicability to scam artists.
This practice–”churning”–occurs more often than you might think. Many people succumb to their broker’s appeal to give them “flexibility” so they can react quickly to take advantage of fast-rising opportunities, for the benefit of their customers. Whereas you could have easily avoided all this in the beginning by simply refusing to sign the discretionary papers giving your broker authority to trade on your behalf, without your prior authorization. “Experience” is a socially-accepted word people often use to explain accumulated mistakes. This mistake would have to be classified as a substantial contributor.
O.K., so you had granted your broker–or scam artist?–such unilateral authority. Losses to you occurred, while commissions to your broker mounted. What to do now?
You have multiple avenues of recourse. First you must protest, in writing, immediately. (Failing to do this could be deemed tacit approval, on your part, for what your broker has done.) Conflict of Interest is a possible complication to check out. Suitability Claims is another. (Has the broker fitted the trades to your “risk profile?”) Misrepresentation is a good one.
(Failure to disclose important information to you involving the trades.) Unauthorized trading. (This brings the focus right back to where you started: what exactly does the document say–in what words–which gave your broker authority to trade for you in the first place?)
In self-defense, a broker will commonly sell off the winners to show, at least, a small profit. Don’t be fooled by this. This could still be scam artists’ activity. The losses were most likely retained.
In business, stocks are the basis of essentialism. In the beginning your broker may have played herself up as the greatest authority on free enterprise stewardship since J.P. Morgan. But, to counter the hype, you must consider all angles. In many ways, stock scams are now a whistle blower’s delight. So many new tools have been made available to the stock-buying consumer (including, even, the infamous Sarbanes-Oxly Act) that you now have every chance of getting justice over any stock “churning” dispute. Nobody cares if you can’t dance; just get up and dance. Fast, decisive action on your part is key.
.About the Author:
The Con Man’s Blog, and first two chapters of Jack Payne’s legal thriller book, Six Hours Past Thursday, are now available online. Both readable for free. You are invited. www.sixhrs.com
October 3, 2009
Law, La, Wto, Classification, Wco, Hs
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The Harmonized System
Each and every customs-clearing agent as well as every one who deals with for matters related to Customs is well acquainted with the Harmonized System.
It is an intricate cataloging system, divided to parts, chapters, headings and sub-headings, enabling the allocation of a catalogue number for a given product. Alongside the detailed structure, the Harmonized System includes also a system of classification instructions. The Harmonized System was developed by the World Customs Organization (WCO) and was published within the framework of a treaty prepared for that purpose in 1983 in Brussels. Its roots are quite old and reach up to the nomenclature of Geneva of 1937.
It is a success story: as per the figures of the World Customs Organization, not less than 177 countries and economic regimes apply the Harmonized system within the framework of the Customs Tariffs and their foreign trade statistics, and 98% of the total international trade in goods make use of the classification codes of the Harmonized System. Thus, the Customs Tariff of the State of Israel as well as the European, the American and others, are built according to the Harmonized System and alongside each and every classification code (”Customs Item”), the customs rate applicable is stated on goods classified in that classification item.
The Dispute between Brazil and Thailand opposite the European Community
In 2002 a trade dispute became apparent between Brazil and the European Community, to which Thailand joined in 2003, alongside Brazil. Thailand and Brazil are significant exporters of frozen boneless chicken cuts to the European Community. During the years 1996 – 2000 the chicken cuts were classified under Customs item 02.10.90.20 of the European Customs Tariff, and were charged with customs in the rate of 15.4% ad valorem. During 2002 the European Community amended its customs tariff rate, adding a provision to the effect that chicken cuts are to be classified under item 02.07.14.10 of its Customs Tariff. As a result of this change, the chicken cuts were charged with higher customs amounts, in the amount of about 1.00 Euro per KG. Brazil and Thailand disagreed the new classification (02.07) claiming the old classification (02.10) is the appropriate one. We do not intend to dwell here on all the subtleties of classification, but let us attempt to simplify the matter: the chicken cuts are salted and frozen cuts with salt contents of 1.2% to 3%. Customs Item 02.10 includes: “meat and edible remains of meat, salted, soaked in salt water, dried or smoked”. Customs Item 02.07 includes: “meat and edible remains, fresh, cold or frozen”. Brazil and Thailand argued that the chicken cuts would be classified under item 02.10 being salted. The European community claimed the salting with which the cuts undergo is not sufficient for the purpose of Item 02.10, as it enable to preserve the cuts for long-term preservation, which do not exist in respect to the cuts referred to. This was exactly the amendment executed by the Europeans in their Customs Tariff in 2002 – they added a provision, which inserted the condition of long-term preservation. Brazil, Thailand and the European Community maintained among them consultations for the purpose of solving the matter, and when the contacts failed, Brazil and Thailand decided to direct the conflict to the Dispute Settlement Body (DSB) – the legal instance of the World Trade Organization – The WTO. That occurred during the months of September – October of 2003.
The Jurisdiction of the WTO
The World Trade Organization, which was established in 1994, was set up on the basis of old veteran GATT – General Agreement on Tariffs and trade from 1947. One of the principles of the GATT agreements and the World Trade Organization is the decrease of customs duties and binding thereof. The idea is that each and every state undertook to bind its customs (i.e. not to raise them) and to decrease them gradually. With the establishment of the World Trade Organization, the undertakings of the states were updated as for customs binding, and each and every state submitted a detailed schedule of its customs binding. A country imposing customs duty over the rate indicated in its schedule(save for exceptional cases – safety measures) violates its commitments and can be expected sanctions according to the agreement. The list of binding is made out – not surprising – as per the Harmonized System. Brazil and Thailand claimed that the schedule of the European Community in respect to item 02.10 does not enable the EC to impose a 1.00 Euro per KG customs duty. The EC argued on the other side that the relevant binding schedule was not that of item 02.10 as the proper classification of the goods was 02.07. The problem brought before the WTO’s DSB was the true interpretation of the binding schedule of the EC: doesitem 02.10 includes chicken cuts with the EC finding itself in a state where it has violated its binding, or that item 02.10 of the schedule excludes chicken cuts.
After some procedural steps, a panel (legal tribunal) was established in June 2004 for the purpose of examining the complaint of Brazil and Thailand. In the month of May 2005 the panel published its report. Appeals filed by both parties with the WTO’s Appellate Body were rejected in full, save for some minor points, in mid September 2005.
To anyone interested in the bottom line we can tell that the Panel as well as the Appellate Body accepted the complaint of Brazil and Thailand and ruled that the classification of the goods was in item 02.10 of the schedule binding of the EC. Accordingly, the Appellate Body instructed the EC to bring its practice into conformity with its WTO undertakings.
We shall focus on several points which have vast importance over and above the circumstances of the case itself.
The World Customs Organization was Moved Aside.
Seemingly, this was a conflict between states concerning the proper classification of certain goods, and the suitable place to settle this kind of a conflict was the World Customs Organization. Section 10 of said Brussels Treaty (of the Harmonized System) states explicitly that every conflict between the states subscribing to the treaty in respect to applying and interpreting the treaty which cannot be solved between the states themselves, shall be assigned to a committee dealing with the Harmonized System which will submit its recommendations regarding the conflict. In order to cast out any doubt, Brazil and Thailand subscribed to this Treaty together with the European Community states. If so, what really happened here?
The “guilty” party in this matter were Brazil and Thailand for directing the conflict to the World trade organization for its ruling. Indeed, Both Brazil and Thailand did not ignore the above question and explained to the Panel why the had directed the matter to the World trade Organization rather than to the World Customs Organization. Brazil and Thailand emphasized that they did not seek the proper interpretation of section 02.10 of the Harmonized System, a matter within the jurisdiction of the World Customs Organization, but a ruling as to the proper interpretation of the binding schedule of the European Community. This schedule, argued Brazil and Thailand, were a part of the World Trade Organization agreements hence, the WTO had jurisdiction over the case. Probably, and this is our presumption, Brazil and Thailand preferred the World Trade Organization as an interpreter, rather than the World Customs Organization as an interpreter. As we shall see later, this decision of Brazil and Thailand was correct indeed.
Surprising maybe, and maybe not, but the EC agreed that the World Trade Organization was authorized to deal with the matter. The EC preferred the World Trade Organization due to procedural reasons: in a hearing before the Panel of the World trade Organization, Brazil and Thailand were supposedly the claimants, where the European Community was the defendant. Such being the case, the onus of proof lays on the claimant- i.e. Brazil and Thailand – to prove that the chicken cuts are classified under item 02.10 of the binding schedule of the EC. If Brazil and Thailand had failed in raising the burden, or even in case of a doubt, the EC would have won the case. The EC tried to benefit from this procedural advantage. On the other hand, had this conflict been brought before the World Customs Organization, the organization would have been asked to provide a clear solution to the classification conflict, one way or the other, with the EC having no procedural advantage.
And what was the panel’s decision? The Panel ruled that it had jurisdiction over the case, as the matter was assigned to DSB by members of the WTO. It was the duty of the WTO to settle conflicts concerning proper interpretation of the WTO agreements, stated the Panel. The Panel also ruled that when a conflict was assigned to the WTO, it is not allowed to transfer the matter to another body.
A matter of interest, the Panel passed a series of specific questions concerning the rules of classification, including the classification of chicken cuts, to the World Customs Organization (two questionnaires with a total of 13 questions). Indeed, according to the dispute settlement regulations of the WTO, the Panel is authorized to send questionnaire not only to the direct parties but also to other parties and organizations. The Panel did not include in the questionnaires passed to the World Customs Organization the jurisdiction issue (Brazil, Thailand and the EC were asked about that). The World Customs Organization cooperated: it took the questionnaires seriously and provided specific answers, however at the end of the second questioner, the World Customs Organization expressed its position:
I suggest that the settlement laid down in the HS
Convention should be followed first before your
Panel may make its decision…The next session of
The HSCommitteeisscheduledfrom 14 to 24
March 2005.
The Panel rejected this proposal:
The Panel is mindful of there spective jurisdiction and Competence of the WCO and the WTO and , infact , we Specifically raised this issue with the parties during the Course of these proceedings. Nevertheless, we consider that We have been mandated by the DSB in this dispute to Determine whether the European Communities has violated ArticleIIof the GATT 1994 with respect to the products at Issue.
The World Trade Organization Interprets Differently
In fact, there were principal differences between the two organizations concerning the method of interpretation of the provisions relating to classification of goods.
As aforesaid, the Panel dispatched two questionnaires to the World Customs Organization to obtain its opinion in this matter, and acquired cooperation on what exactly was the relevancy of the Harmonized System in our matter. In the bottom line, the Panel reached a decision that the Harmonized System (including classification rulings and explanations) had no clear standing in the matter of the classification of the chicken cuts. This matter was also clarified in a letter sent by the World Customs Organization to Bulgaria in the year 2003, where the organization stated that it had no official standing in the question of the meaning of “salting”.
From here the Panel turned to a different path of interpretation which was the examination of the purpose of the binding schedule, as, an international treaty should be interpreted in view of the purpose for which it was created. The Panel stated that one of the basic principles of the agreements of the WTO was the “Security and Predictability” i.e., that the countries, members of the organization should be able, each and every one of them, clearly, to understand what are the commitments of the other states. Hence, the binding schedule of each country is to be interpreted in a way that will make it clear what products are included in the binding schedule.
The Panel ruled that the position of the EC contradicted the principle of Security and Predictability. As aforesaid, the EC argued that the salted chicken cuts were not falling under item 02.10, as the salting was not carried out for the purpose of long-term preservation. The Panel failed in obtaining from the ECy a criterion pointing what was “long term preservation” neither had it received clarifications to the question how can it be determined that long term preservation was a result of salting. How can a customs official at the border pass determine what was the right classification of the products, inquired the Panel. On the other hand, if as per the standing of Brazil and Thailand, we deal with simple salting with no requirement of long-term preservation, it is very easy to spot. Thus ruled the Panel, that the lack of certainty vested in the standing of the European Community, opposed the purpose of the agreements of the World trade Organization and the binding schedule.
Needless to say, that the Security and Predictability criterion does not appear anywhere in the Harmonized System, and as such, it may run contrary to the HS principles of classification.
In the Israeli viewpoint, the Israeli Courts of Law interpreting the Customs did not feel themselves bound by the World Customs Organization. Although usually using the HS explanatory notes, in some cases the Courts interpreted the Israeli Customs Tariff in accordance with its purpose rather than with the HS principles of classification, reaching classification decisions completely different from those that would have been reached had the classification rules of the Harmonized System been used.
.About the Author:
Gill Nadel - Born in Israel in 1969, graduated from Bar Ilan University`s Faculty of Law (cum laude) and from the Department of Musicology. He also has a master`s degree in law from the same institution. Member of the Israel Bar since 1999. Speaks Hebrew, English and Polish.
Fields of expertise: Commercial and Business Law, International Trade Law, Import and Export Law, Intellectual Property Law, Maritime and International Forwarding Law, Litigation and Court Representation.
Adv. Nadel serves as a teaching assistant of Dr Arie Reich of Bar Ilan University, an international trade law specialist.
Adv. Nadel provides lectures on international trade law and import and export law to in courses organized by the Bar Ilan University Center for Commercial Law, Israel Bar, Israel Chambers of Commerce, Manufacturers Association of Israel, Israel Export Institute, Customs Brokers Association, International Forwarders, and more.
August 15, 2009
Lawyer, Mesothelioma Lawyer, Mesothelioma Lawsuit, Mesothelioma Attorneys, Law, Attorney, Attorneys, La, Lawsuit
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If you are reading this article, you probably are concerned about yourself, a loved one, or a friend who has been diagnosed (or died) with some form of mesothelioma.
Many people who have just been diagnosed with an asbestos related mesothelioma cancer are in shock and have many different things to think about.
Some of the issues and concerns on your mind may include the prognosis for your recovery, the different types of treatments that are available to you, how your symptoms will progress, how sick will you become with the disease, and, maybe most on your mind is, how you and your family will be able to live if you are unable to work and earn a living let alone how you will be able to pay the medical bills.
One of the first things to take under consideration is how to determine what type of lawyer is the most capable in dealing with issues of mesothelioma. Picking the right attorney is the key to your success in this undertaking.
There was an article in the Wall Street Journal several years ago saying that the average settlement or award on a mesothelioma lawsuit is around $1,000,000. It is the general practice that the mesothelioma lawyer receives 40% of the settlement or award amount for their work. The article went on to say that many of the lawsuits settle out of court but if a case does go to court, the typical settlement in 2001 was $6,000,000.
Given these figures, it is not surprising that mesothelioma attorneys work diligently to recruit mesothelioma patients or families, so it is critical for you to be sure you take your time in your selection of a lawyer to represent your case and to only select one that feels right to you.
There are many mesothelioma attorneys to choose from so you do not have to select the first one in the phone book or that first one that comes up on a google internet search for mesothelioma lawyers.
You may be wondering why you have legal rights associated with the disease of mesothelioma when other forms of cancer do not have these protections. This is an excellent question and the answer is, f you have mesothelioma you may have fallen prey to the greed that overtook corporations who used asbestos products in their line of work.
Corporations knew 60 years ago about the risks associated with asbestos but many of them did nothing to inform their employees of the risk nor did they begin using alternative products. There have been cases of people acquiring mesothelioma from inhaling the fibers brought in on the clothes of a family member. Laws have been put into place to protect those who have been harmed and/or died from asbestos exposure.
If you feel you have been a victim of asbestos exposure, here are a few questions to think about as you decide which mesothelioma attorney or law firm to use.
Experience Questions
* When you meet with a mesothelioma attorney, inquire about what personal experience he has had in defending patients with mesotheluoma. You want the attorney to tell you exactly how many clients he has handled personally and how many his firm has handled.
* Ask how many cases were settled out of court and how many went to trial. Be sure to include a question about the outcome of each case
Case Management Questions
* Find out if the law firm, or attorney, handles the mesothelioma cases themselves or whether he refers clients to other law firms and receives a percentage of the final settlement fee in exchange for this referral.
What Happens During the Lawsuit Process and Attorney Fees?
* It is important that you ask the attorney what the lawsuit process will look like, how long it will take, and how the attorney expects to be paid. Typically this process takes many months and sometimes even years.
* It is common that attorneys front the initial costs for the clients and make up their compensation when the settlement or trial if completed. It may happen in some cases, where a settlement or award is made, that the attorney earns no money for his time and effort.
A great deal is at stake if you actually do qualify for legal compensation so be sure to interview several attorneys and make a selection on their answers to your questions and on how you feel about them as your advocate.
.About the Author:
Tim Dillard is a marketing executive who has worked with some of the largest law firms in America. Dillard is currently the president of Dillard Local Branding (http://www.dlbllc.com), a Houston-based web design, Internet marketing and search engine marketing firm.
July 26, 2009
Gifts, Business, Marketing, Advertising, Company, Gift, Supplier, Products, Pen, Bags, Promotional, Mugs, Items, Giveaways, Online
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Rewarding your sales staff is a great way to motivate them to get out there and make sales, but choosing rewards for them may have you stumped. Cash isn’t always the best motivator - after all, they already know that more sales equals more cash.
Promotional items - with and without your company name on them - can be great motivators, especially when combined with a little creative thinking. Here are ten promotional items that your sales staff will happily work toward earning.
A Company Jacket
Company jackets identify an employee as a valued member of the team. Whether you hand out a company jacket to an employee upon their first major sale, or use an ascending series of jackets with different colors or styles for reaching particular milestones, jackets and other outerwear can be powerful motivators for sales people.
Laptop Bags
Laptop bags imprinted with your company logo and name are another great motivator for your sales staff. They’re especially popular with sales staff who are on the road much of the time.
Airport Bag
Do your sales associates travel a lot? Give them a chance to earn a rolling airport bag imprinted with the company logo.
Promotional Items
Many direct sales companies require sales associates to purchase their own incentive and promotional items. The chance to save money by earning promotional giveaways with their sales is a great motivational tool.
Tech Gadgets
Choose promotional items that make their lives easier and more productive. How about a flash drive to keep their important contact information in a pocket or a mini card reader to make it easy for them to check data on the fly? Cell phone chargers and hands-free phone cradles make nice gifts for sales staff on the go as well.
Business Card Holders
Business cards are one of the most important tools of the professional salesperson. An executive business card holder in sterling or embossed leather presents a professional, upscale appearance. When the card holder is a recognition of achievement, it makes it all the sweeter.
Digital Recorder
Digital memo recorders are another popular promotional item that your sales staff will find handy and helpful. No need to fumble for a pen to jot down important notes - just push a button and record it.
Luxury Gifts
Keep in mind that your sales associates have a personal life, too. Luxury gifts that are often reserved as executive promotional items can be powerful motivators. An executive picnic set with a sterling thermos bottle and crystal is a reminder of those finer things that they’re striving for.
Electronic Organisers
Personal organisers are another item that most salespeople wish they had - but haven’t bought for themselves. In fact, nearly any item that you’d use as an executive giveaway gift will make a great sales staff motivator.
Travel Mugs
Travel mugs are all well and good, but when you’re dealing with a sales staff that’s on the road for hours at a time, nothing beats a good vacuum flask. Give it with a gift card to a coffee shop chain that will refill it at the drive-up window, and you’ve got a thoughtful gift that any sales associate will work toward.
For more information on promotional products, marketing business gifts, advertising gifts and promotional items check out the leading online promotional gift suppliers today!
.About the Author:
Gareth Parkin is the co-founder of Ideasbynet, the UK’s leading online promotional products and promotional items company based in the north of England. Established in 2001, he has taken the UK gift market by storm.
July 25, 2009
Lawyer, Lawyers, Car, Law, Car Accident, Attorney, Greedy Lawyers, La
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Confused by scores of yellowpage ads for attorneys? Turned off by lawyer TV ads? Don’t know how to find the right attorney for your accident case? Here are some guidelines, which if followed, should make your search easier and also relieve some anxiety.
*Choose an attorney who specializes in personal injury. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. Choose an attorney whose practice is devoted to personal injury law. The field of personal injury is too complicated for a “generalist” or “part-time” lawyer to master. If you needed surgery on your shoulder, would you rather see a “general” surgeon who performs surgery on many different areas of the body, or a surgeon who only does “shoulder surgery?” Most people would choose the specialist. Don’t take chances with your personal injury claim by hiring a “generalist.”
*Choose an attorney who demonstrates expertise in the field of personal injury law. There are too many different types of the law for any one attorney to claim specialty in multiple areas. No one can do everything well. Most people want to see a specialist. The same is true for lawyers. The field of personal injury law is complex with subtle nuances that could mean the difference between recovering a few hundred dollars versus several thousands of dollars. The attorney you choose should limit his or her practice exclusively to personal injury law. Does the attorney write about personal injury? Has the lawyer lectured or taught other lawyers about personal injury law? If yes, these are good signs that the lawyer is a personal injury specialist.
*Choose an attorney who understands the medicine involved in your case. This is a no-brainer, right? But you would be very surprised at how many attorneys who claim specialty in personal injury have little understanding of the medicine and treatment involved with the client’s injury. For example, take a case involving neck and back injuries. These types of injuries can be difficult to prove in court because spine medicine is extremely complex and the diagnostic imaging may show very little or nothing at all. Yet, this area of medicine has also undergone enormous strides and advances just in the last ten years. There are now new diagnoses in the area of spine medicine that literally did not exist a few years ago, not to mention new treatments and minimally invasive procedures that have been created due to advancements in technology. If you have a neck or back injury claim, you obviously want an attorney who understands spine medicine so proper treatment and diagnoses can easily be pursued or presented to the insurance company in negotiations, or made part of a persuasive presentation to a jury on your behalf. You would be surprised at how few personal injury attorneys really understand this area of medicine yet neck and back injury claims make up the bulk of accident cases that exist in Washington.
*Choose an attorney who actually goes to trial. I know, I know. If you’re like most people who have a claim for injuries, you’d rather not have to go to trial. So why pick an attorney who actually does regularly try injury cases? To understand why this is such an extremely important factor when choosing an attorney you have to understand the business of insurance and why claims are settled. Essentially, the insurance company is in the business of “risk.” That is, it accepts your money with the promise that it will pay you money if you encounter certain risks of harm or damage. The risks are usually low, which is why the insurance company can earn enormous profits. When it comes to paying a claim, the company only pays a “settlement” if there is a “risk” that the company may have to pay more if the person files a lawsuit and goes to trial. Attorneys who regularly win at trial increase the insurance company’s “risk” that it might have to pay much more money if the jury awards more than the last settlement offer. Insurance companies regularly keep lists of the personal injury attorneys who do go to trial. These are the attorneys who can command premium settlement offers compared to attorneys who do not go to trial. Simply put, the insurance company will pay more money to settle a case if there’s a greater chance that the attorney will try the case in court. That is why having an attorney who has a reputation of going to trial can actually increase your chances of avoiding trial.
*Choose an attorney who wins at trial. This goes without saying. An attorney who gets results at trial is the insurance company’s worst nightmare. The insurance company will pay much more money to settle a case if the injured person’s attorney has a winning record than if the attorney does not. Choose an attorney that wins.
*Beware of attorneys who actively solicit you. You should be cautious of attorneys who contact you in writing just after you or a loved one has been injured, maimed or killed in an accident. Most state bar associations have rules against attorney solicitation, or at least have very stringent limitations on this sort of activity. I have no respect for attorneys who feel the need to cross the line by actively soliciting clients right after the accident. If an attorney engages in this sort of unethical behavior it may give some indication how that attorney might perform in your case.
*Be cautious of attorneys who advertise on T.V. or take out big flashy ads in yellow pages or other publications. Did you know that many of the T.V. and yellow page ads for lawyers are paid for by attorneys who have never actually tried a personal injury case in court? In fact, some of these advertisements are created by law firms that have a “policy” of always settling their cases without ever filing a lawsuit! If you were an insurance adjustor who knew that a particular attorney or law firm always settled short of trial, would you ever increase your offer for fear that a jury might award more?
*Understand bar association referral lists. Many local bar associations operate a “referral list” where consumers can get the name of an attorney. Just understand that the lawyer has signed up and paid a fee to be included on the referral list. Some but not all of these referral lists don’t bother to check or verify the attorney’s experience with the type of case that is being referred.
*The likeable lawyer is not enough. There are many people who choose to hire an attorney based solely on whether the attorney is likeable. I know of some very personable and likeable lawyers who claim to do personal injury law, but whom I would never recommend based on their limited experience and expertise. Would you let a likeable surgeon operate on your body if you knew the doctor rarely made it to the operating room? It is important that you like your attorney, or at least respect him or her, but it should not provide the only basis for your hiring decision.
*Choose an attorney who you feel comfortable with. You should feel comfortable with the lawyer and his or her ability to communicate with you. Does the attorney seem credible and trustworthy? Does the attorney explain everything to your satisfaction, or does he explain why an answer to a particular question can’t be given at that time? You should feel comfortable with the lawyer. You should also understand how the two of you will be working together on your case.
.About the Author:
Learn more about Mr. Davis at www.InjuryTrialLawyer.com. Get a copy of his book at www.WashingtonAccidentBook.com
July 5, 2009
Copyright Law, Copyright Protection, Copyright Infringement, Cop, Law, La
No Comments
If you steal materials from someone else and use it at your website, you might get away with it. It’s possible that no one will notice.
Even if someone does notice, you will probably just receive an email asking for its removal.
If you comply with that request, nothing else will happen to you.
Even if you ignore that letter, you will probably just have to suffer a temporary take down of the offending page until you make requisite adjustments.
You probably won’t be sued.
So, considering just how unlikely it is to run into life-threatening trouble from infringing upon someone else’s rights, why should you care?
Let’s outline a few reasons why no one should intentionally act in a manner that infringes someone else’s intellectual property rights.
Moral reasons. Most of us would agree that stealing is wrong. Regardless of our faiths and backgrounds, most of us accept the notion that stealing is immoral and is something we probably ought not to be doing. Infringing upon copyrights is a form of stealing.
It represents the theft of personal property in the form of an idea, writing or image. It represents stealing potential profit from the creator of the item in question by diluting its uniqueness and reifying a structure that allows for theft. If you infringe upon a copyright, you are stealing.
Social reasons. The idea that we should “do unto others” isn’t merely a moral consideration. It has real-world justifications.
So long as we respect the rights of one another, we can continue to function in a relatively well-organized and pleasant society. When property rights cease to matter, that certainly isn’t the case. Respect for personal rights is the glue that holds society together.
Risk exists. Although the risk associated with the use of stolen materials may seem slight, it is present. Its consequences can be high, in relative terms, too.
Stealing someone else’s copyrighted material may not land you in prison, but it can force you do deal with take down notices and other inefficiencies.
Additionally, if a lawsuit should be filed against you or other legal action taken, the consequences will undoubtedly outstrip the value of your misappropriation.
Basic risk analysis dictates avoiding copyright infringement. Even if the likelihood of a negative consequence seems slight, the potential impact is simply too great to risk.
There is also the very real risk that your identification as a copyright infringer could have horrible repercussions on your business and ability to socially engage others online.
It may not be a scarlet “A” across your chest, but getting the scarlet “circled C” on the chest of your avatar can be almost as bad.
In the end, we should recognize and respect the rights of others because it is the right thing to do. That should be enough of a justification.
.About the Author:
Brian Scott is a freelance journalist who covers copyright law for www.ResearchCopyright.com. Download his free e-book, “Copyright Basics” at ResearchCopyright.com.
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