When you are working as a construction worker in a construction site or in road construction, there may be chances of accidents frequently or seldom, because no one knows when accidents will happen and how. If you are injured through the accident, you will not be able to work for weeks or months, so you will need compensation for bearing the cost of the medical care and other facilities. For this reason, you will need to rely on the workers compensation attorney who will help you to obtain your compensation through the rules and regulations that are in favor of the workers. Similarly, you will also need a personal injury attorney when you are about tot make a strong claim on your injury that had happened suddenly. The personal injury attorney will also help you take decisions about the accident case and also filling a personal injury lawsuit. Not only yourself, but you can also help our friend or family member with the help of a personal injury attorney who can take care of the legal matters that are associated with the accident. The personal injury attorney will enlighten you about the latest changes in the personal injury litigation. Since, most of these attorneys have license and are expertise in the area of tort laws, they will help you to receive legal aid if you are physically or psychologically injured through accidents or negligence of other people, company or agency. These attorneys will mostly guide you to restore your economic damages, property and civil rights etc. Instead of going for trials, the personal injury attorney will help you to settle the problem in a more personal way without the trouble of facing the court. On the other hand, the workers compensation attorneys are from the professional organizations who have on hand experiences on dealing with legal aid during accidents and injuries. Before appoint a workers compensation attorney, you can have an initial meeting with him/her and decide whether he/she can handle your case and can provide you ample legal help. The meeting will give you the chance to understand whether you are ready to take the attorney for dealing with your case. However, before hiring a workers compensation attorney, there are some things that you should be careful to look at. For example, you will have to obtain the background information of the lawyer from his/her website or from the state car association etc. Come to a decision about the fees and other estimated costs of witness fees and court reporters etc. If your workers compensation attorney is an experienced lawyer then he/she will be help you to get your compensation claim as soon as the accident happens, because as a citizen, you might not have the idea about all the types of compensation rights that you will receive when you get injured through accidents at work. Once you are injured, be prompt to contact with the workers compensation attorney so that he/she can represent your case with strong claims.
As a direct consequence of motorcyclists having to share major and minor roadways from extremely busy and intensely ever-changing scene of major city roadways and interstate highways, to the less busy, even though it can be said, less dangerous miniscule minor rural small towns of our increasing busy high mobile society, the resulting mix of large, larger and small fast moving vehicles can be a traumatic and at times deadly combination of road traffic conflicts for the most experienced and uninitiated adult and vulnerable teen motorcyclist – the unprotected motorcyclist is especially vulnerable in this fast paced and the most likely to fair the worst in any vehicle and motorcyclist collision. Accidents involving motorcycles can, and do, cause massive physical, psychological trauma and intense debilitating life changing injuries, which will remain disabling and devastating not only for the injured person, but will have an adverse affect on the basic lifestyle nuclear family, for the extended family, close and not so close friends. Riding your very own motorcycle on the highways is nearly every child’s dream; fortunately, dreams do not portray the terrifying pain, the suffering, the sheer terror and the feeling of hopelessness when dependent on the convalescing and care of loved ones, when the reality of the debilitating life threatening and life changing injuries suffered immediately following a serious motorcycle accident especially when involving multiple vehicles. Despite the popularity of motorcycling especially in the summer months, the inherent nature of motorcycles makes being in control of them a potentially dangerous undertaking equally for the most professionally trained and the complete novice, the complete novice riding a motorcycle can be a lethal combination with devastating injuries received in a very short riding career (Grayson, Maycock, Groeger, Hammond & Field, 2003), this commentator researched this subject and concluded that and inexperienced motorcyclists hazard perception was non existent and in most situations involved in serious road traffic accidents and receiving serious injuries within a very period – time scale, of passing the relevant Riding Test. Analyses of serious and debilitating accidents involving inexperienced motorcyclist collated in motorcycle crash data, were primarily undertaken in an attempt to assess the motorcycle crash data and therefore identify those actual and potential hazards and identify potentially dangerous situations that pose and create an actual and potential crash risk for motorcyclists of different levels of experience. However, actual road-based hazards were rarely recorded and the differences in motorcycle crash situations appeared to largely reflect patterns of motorcycle riding, rather than intrinsic assessment of risk (Grayson, Maycock, Groeger, Hammond & Field, 2003). The research statistical data identified very little detectable research into inexperienced motorcyclist’s hazard perception and correct hazard response by motorcycle riders. For auto car drivers, research has shown that experienced drivers are quicker to detect potential and actual hazards and that slower responses to potential hazards are associated with higher self-reported motorcycle crash involvement – but this has not been tested for motorcycle riders, (RTA. Motorcycle safety. Issues and countermeasures (2004)). While research has shown that actual and potential hazard perception training in novice motorcycle riders leads to vastly improved hazard awareness performance on recorded hazard perception tests, it is not yet known whether these riders go on to be safer motorcycle riders and have therefore suffer fewer accidents. Intensive hazard awareness training in how to correctly respond safely and appropriately may be more critical for motorcycle riders than for automobile drivers because failures in responding to actual and potential danger may result in a failure to avoid the initial actual hazard or a different type of dangerous crash, (McKenna, F.P., & Crick, J.L. (1997). While there has been intensive and extensive statistical research into actual potential hazard perception by car auto drivers since about 1990, realistically there have been relatively few research studies having to measure actual and potential hazard perception and responding by motorcyclists. For car drivers, extensive research has shown that experienced drivers are definitely quicker to detect potential hazards and that slower responses are associated with higher self-reported crash involvement – but this has not been tested for motorcycle riders. Armsby, Boyle & Wright (1989) confirmed a reported study that sought to compare the effectiveness of differing techniques for assessing car drivers’ perceptions of approaching hazards using three different types of interview methods, the Q-sort technique and several variants of the repertory grid method. All participants held a full driving license. Regardless of whether nondirective, focussed or critical incident interviews were conducted, over 70% of the potential hazards mentioned by car drivers with no motorcycle riding experience arose from the behaviour of other road users, rather than features of the road environment. Car drivers who also rode (or previously ridden) motorcycles, however, were able to correctly identify specific potential hazardous features of the road, and specific actions of other road users, as potential hazards to motorcyclists. They conclude that “this might be expected, given that motorcyclists are more at risk from physical deficiencies in the road environment, such as a wet road surface with low skid resistance, and potentially more vulnerable to serious injury if they are involved in an auto accident” (p.56). In the United Kingdom, Horswill and Helman (2001) conducted an intense and revealing series of research studies that attempted to assess the relative contributions of motorcycle rider behaviour and car driver behaviour towards the physical presence of motorcycles and the physical vulnerability of motorcycles to the increased crash and injury rates of motorcycles compared to cars. Their first study compared the performance of three specific groups: • Car drivers who had no (or almost no) riding experience • Motorcycle riders who were asked to respond as if they were riding their normal motorcycle • Motorcycle riders who were asked to respond as if they were driving their usual car. The three distinct groups were exactly matched in terms of age, gender, total distance travelled per year and the exact proportion having successfully undergone advanced training methods courses. The average age was approximately 40 years, there were more males than females and about 45 percent had undertaken advanced training methods courses. The all participants completed a sequence of video-based tests of actual driving behaviour and performance in the Reading University driving vehicle simulator. The actual participants were asked to correctly respond as if they were driving their own car, sat in a car mock-up (with seat, steering wheel, and pedals mounted on a platform). In addition, the motorcycle participants were asked to respond as if they were riding their usual motorcycle, sitting on a Suzuki B120 motorcycle mounted in a stabilising frame. Digital video stimuli were presented on the back projection screen and, where appropriate, active participants responded to real time events on the video with a hand-held button (which allowed reaction times to events to be measured). In the terms used in this paper, the study measured potential and actual hazard perception, but not the response selection or execution components of hazard perception and responding. On McKenna and Crick’s (1994) hazard perception test, motorcyclists responding as if they were driving their normal cars reacted faster to hazardous situations than either car drivers or motorcyclists responding as if they were riding their normal motorcycles. This would suggest that motorcyclists had better hazard perception skills than car drivers. Given that the hazard perception test was intended for car drivers, the researchers argue that some of the hazards might be less relevant for motorcyclists and that this might explain why this group did not perform as well on motorcycles as they did in cars. If you or a family member have received injuries in a motorcycle accident, it is critical to take certain steps and safeguard you claim, in addition to contacting an attorney, to protect your legal rights and assist you to build your case for full recovery of damages for injuries and harm. If the police arrived at the accident scene, give them only basic information such as your name and address and the relevant facts about the accident. Do not under any circumstances admit blame or fault for the accident. Immediately after the accident, seek immediate medical assistance if needed and keep your medical records for future reference. In addition, keep all receipts and invoices related to medical treatment and consultation fees, and keep evidence of any other expenses related to your accident, such as repair expenses, rental vehicle costs and wages lost because of missed work. All of this information is directly relevant to the final calculation of actual damages. If you are able to do so, contact – talk, to other drivers or pedestrians who witnessed the accident. At the very least, try to write down their names and phone numbers before they leave the scene. If possible take a snapshot of the damages and registration details, if relevant of the driver – in case it’s a stolen vehicle or uninsured, with your mobile/cell phone camera. While some witnesses may wait for the police to arrive and to offer their information, others may leave before the police arrive, so it is important to have their contact information for reference. In addition, exchange names, addresses, telephone numbers and insurance information with the driver(s) of the other vehicle(s) involved in the accident. As soon after the accident as possible, take photographs of the scene to record evidence and the actual road conditions. Photographs of your injuries and damage to your motorcycle or other property are also important to have. Depending on your situation, it may be necessary to engage expert witnesses to assist with building your case. Experts in crash reconstruction or motorcycle mechanics should be able to assist with determining the exact cause of the crash and the defendant’s potential fault. If you claim a negligence action with an accident attorney, accident lawyer against another driver, the driver may argue that your own negligence in the accident was at least partly responsible for your motorcycle accident injuries. The doctrine of comparative negligence is likely to reduce or even limit your financial recovery fees if you are found to be partly at fault for your injuries received. In states that have adopted a “pure” comparative negligence rule, all injured parties whose negligence is not the only proximate cause of the injuries, can recover an amount that is reduced by his or her proportionate share of fault. In states that have adopted an “equal to or greater than” rule of comparative negligence, the injured party’s fault is not a bar to recovery of fees if his or her negligence is not as great as the negligence of the defendant, with a reduction in damages proportionate to his or her degree of fault. If as a motorcyclist you were involved in a traumatic and debilitating road accident, or aware of a family member, a loved one, or a valued friend, who received injuries, harm either physical or psychological – through a motorcycle related accident, then find a local accident attorney , a local accident lawyer free, or a local injury lawyer free. Complete Attorney Index website is a regularly updated local accident and injury attorney directory, where you choose and freely contact, your local injury attorney, a local injury lawyer, without abusing your right of Freedom to Choose the accident attorney that is suitable for your needs. Complete Attorney Index website is not a law firm introducer or pre-selection law firm directory for local injury attorney or local injury lawyer or receives financial backing or kickbacks of any kind, receive neither payments from any nation wide, state wide nor local injury attorneys, local accident lawyers. Your Freedom of Choice is your protected right – Complete Attorney Index website if intensely independent and intensely unbiased. You search and contact with no introductions whatsoever – exercise you freedom to choose Search Now! Find local personal injury attorney free. Find local personal injury lawyer free.
FINRA Rule 6490, recently enacted in September 2010, requires issuers of securities not listed on exchanges to provide timely notice to FINRA of certain corporate actions. These corporate actions include name changes, forward stock splits, reverse stock splits, distributions of cash or securities such as dividends, stock splits and other actions, and rights and subscription offerings.
Rule 6490 codifies Rule 10b-17 of the Securities Exchange Act. The new rule will impact both SEC reporting and non-reporting issuers if they enact corporate changes including issuers who go public direct and conduct underwritten or direct public offerings and those who pursue reverse mergers with public shells. Complying with this criteria is often an unexpected legal and compliance cost for many issuers not familiar with the rule. Failure to comply could lead to suspension of services from Depository Trust Company (“DTC”) resulting in a global lock or DTC chill.
Rule 6490 requires issuers to complete and file a document with FINRA at least 10 business days prior to the record date of the corporate action. FINRA approval must be received prior to the corporate action becoming effective. In addition, FINRA may request additional documents, conduct detailed and selective reviews of the issuer submissions and cause the issuer to delay the announcement of its corporate action.
A FINRA review will be triggered if any of the five factors set forth in Rule 6490 are thought to be present:
•FINRA believes the forms are incomplete, inaccurate or filed without the appropriate corporate authority;
•The issuer is not current in its reporting obligations with the Securities and Exchange Commission;
•Persons involved in or related to the corporate action are the subject of pending or settled regulatory action or are under investigation by a regulatory body or are the subject of a pending criminal action related to fraud or securities law violations;
•Persons related to the corporate action are likely involved in fraudulent activities involving securities or may pose a threat to investors;
•There is significant uncertainty in the settlement and clearance process for the issuer’s securities.
Issuers will be charged fines for failure to comply with the rules. Some of these fines include:
•Timely Rule 10b-17 Notification 10 business days before the Action – filing fee $200
•Late filing, but filing at least 5 calendar days before the Action – $1,000
•Late filing, but filing at least 1 business day before the Action – $2,000
•Filing on or after the Action date – $5,000.
After FINRA clearance of corporate actions under Rule 6490, issuers should expect a full review by Depository Trust Company (“DTC”) and to provide an opinion from their SEC lawyer as to the tradability of shares held in CEDE & Co. It is during this review that many reverse merger issuers find themselves losing DTC eligibility and subject to the DTC Chill list.
This memorandum is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal and compliance advice on any specific matter, nor does this message create an attorney-client relationship. For more information concerning the rules and regulations affecting the use of Rule 144, Form 8K, FINRA Rule 6490, Rule 506 private placement offerings, Regulation A, Rule 504 offerings, Rule 144, SEC reporting requirements, SEC registration on Form S-1 and Form 10, Pink Sheet listing, OTCBB and OTC Markets disclosure requirements, DTC Chills, Global Locks, reverse mergers, public shells, go public direct transactions and direct public offerings.
When you are a mesothelioma patient, you may have the law to give you the justice that you deserve. If your condition was caused by neglect, then you might have a case against your employer or the person responsible. To make it through the process, you need the guidance of a good lawyer and mesothelioma attorneys are so many. Their number has been perpetuated by the lucrative cases which fetch so much money that see them get 40% of the total reward. All winnings can be over a million dollars and this is why you need to choose mesothelioma attorneys who are thinking about more than money. There are several tips that will be helpful and it is upon you to read and understand. Then, take the necessary caution, and you will have what you need.
Firstly, you need to know what your rights are and if you have been affected by asbestos, you have the right to a compensation. The major reason for this is because the companies which use asbestos to manufacture products have the knowledge that the substance is harmful and the fact that they kept this information to themselves, gives them a case to answer. Most companies kept this information to maintain their profits and to avoid legal tussles with the workers. Mesothelioma attorneys should therefore have a deeper knowledge and understanding of all that pertains to mesothelioma cases. You should therefore go the extra mile to find out how many cases they have managed to take to trial and how many they have worn. They should back this with evidence so that you avoid lip service. This will go a long way in helping your case stand a better chance of winning.
The other thing you need to know while finding the right mesothelioma attorneys, is whether they intend to refer your case to another law firm or they intend to handle it themselves. You need to deal directly with the mesothelioma attorneys who must not act as middlemen. Other middlemen are not attorneys themselves and you need to be especially careful to find one who will be best for you. You need to consider your location. You do not have to go around the country to find mesothelioma attorneys because the distance might not work for your good. A thorough search through the internet will reveal that in your locality, you have several suitable lawyers.
Trials are very hard to conduct and preparing for them will require several expenses. You therefore need to consider how you will settle all the payments including the attorney’s fee. Most situations work on contingency basis where the attorney fees are settled when the case is concluded and won. If the case is not a victory, then the lawyer loses too. The other vital thing you should know about your attorney is whether they are capable of communicating well. They need to give you a summary of what they plan to do to make sure they win the case. Some lawyers are not convincing at all and, it is upon you to judge who is more likely to deliver the facts of the case the best way you see fit.
Main Areas: achievement,success,accomplishment,personal development blog
Best Sellers: Achievement IQ™: Find Purpose In Your LIFE & Achieve Massive Success,Achievement IQ™: Find Purpose In Your CAREER & Achieve Massive Success
Career Focus: Attorney, CPA, Author & Professional Motivational Speaker
Affiliation: Re-Create Yourself Now, LLC – President, Founder of Achievement IQ™ Movement
His purpose in life is to help you
find your purpose in life
and achieve it
That is the personal mission statement of Stanley F. Bronstein – Mr. Achievement.
Do you have a personal mission statement? Can you sum up your purpose in life in 1 or 2 sentences?
Mr. Bronstein’s website, StanleyBronstein.com provides informative articles, videos, podcasts and other written materials all designed with one purpose in mind. That purpose is to help YOU achieve everything you ever wanted, AND MORE!.
You will find many articles designed to be thought provoking by simply clicking on any of the links below.
Stanley Bronstein’s Achievement IQ™ Blog
Stanley Bronstein’s Articles on SelfGrowth.com (his articles are marked by *** [3 stars]
Mr. Bronstein is both a licensed attorney and CPA in the states of Arizona and Texas.
Raised in Galveston, Texas, Bronstein holds a Master of Law’s degree from the Washington School of Law / Washington Institute for Graduate Studies, a Doctor of Jurisprudence degree from the South Texas College of Law and a Bachelor of Business Administration degree in accounting from the University of Texas in Austin.
As a professional member of the National Speakers Association, Bronstein speaks to audiences around the country about his method for achieving massive success, Achievement IQ™.
Bronstein hosts seminars focusing on his two books:
Achievement IQ™: Find Purpose In Your LIFE and Achieve Massive Success; and
Achievement IQ™: Find Purpose in Your CAREER and Achieve Massive Success.
He lives in Scottsdale, Arizona with his wife, Julie and their 2 dogs, Darmok and Jilad.
If you want to read more Achievement oriented articles posted by Stanley F. Bronstein, simply click on the links below.
Stanley Bronstein’s Achievement IQ™ Blog
Stanley Bronstein’s Articles on SelfGrowth.com (his articles are marked by *** [3 stars]
You can also subscribe to his daily RSS feed for my blog (by clicking here) or subscribe to my email feed for his blog (by clicking here) that will send you my new blog postings daily directly to your email.
Also, if you subscribe to his weekly newsletter (by clicking here), you will immediately receive a link to download my latest free e-book called Re-Create Yourself Now. It’s full of great ideas to help you get started.
When to Activate your Enduring Power of Attorney?
An Enduring Power of Attorney is a lawful document where you as the donor, assign an individual of your choice, which is referred to as the done, to manage your financial affairs and assets if you are not capable to perform so because of a mishap, sickness or your absence. You can also activate your Enduring Power of Attorney if you feel you cannot deal with the complexity of handling your financial affairs. You can activate it instantly or you can defer it for future events. This could be for a fixed period or to carry out a particular task and you can revoke it any time you want, providing you don’t have the capacity to do so mentally.
You need to affix your signature in your Enduring Power of Attorney and you should be in a good mental state to do so. The donee should accept the selection as your attorney by affixing your signature as a sign of acceptance. Your attorney will have access over your financial and assets or in a particular part of them. If in case you lose your mental capacity to handle your affairs, your lawyer will handle all your assets, pay your bills and collect your income. Once you die, the Enduring Power of Attorney stops, then the executor named in your behalf will handle it for your estate. Assigning an attorney is a must for your financial planning together with the creation of the Will and assigning an executor to manage your estate after your death.
A Sample Case of Enduring Power of Attorney
A couple named Edna and Jack both at 80 suffered a stroke recently and is at the hospital waiting for a nursing home placement. Because of the seriousness of Edna’s condition she was not able to return to their family home because she requires a very high level of attention. She also lost her mental ability to carry out her own financial transactions.
Jack is having a hard time handling with the stresses of this present condition. He is not able to comprehend the complex financial needs for Edna’s nursing home placement. He prefers to visit Edna more often but since he can only move slowly, he finds himself spending most of his time on the household chores.
Luckily, Edna and Jack were able to plan ahead for any situation that might happen in the future. The couple has an Enduring Power of Attorney and Will with Public Trustee. After discussing Edna’s condition with the medical practitioner, Jack learned that Edna is no longer capable of making her own financial decisions and is not capable to handle her own financial transactions. Jack forwarded the medical opinion to the Public Trustee and asks that Edna’s Enduring Power of Attorney be activated. He likewise decides to put the load of handling his own monetary affairs with Public Trustee and ask for his Enduring Power of Attorney to be activated.
To discuss with their financial requirements and to note their relevant requests, a New Estates Officer talks with both Edna and Jack at the hospital. The Public Trustee creates accounts for Edna and Jack and arranges for receipt of their money to their accounts and payment of their expenditure. The Public Trustee supervises the complex nursing home transfer requirements for Edna and assists Jack to start some in-house services to help him with his everyday living needs. As Jack keeps capacity, he communicates regularly with the Public Trustee, giving direction for considerable decision-making and keep the Public Trustee up to date with his personal budget requirements. With this regard, Public Trustee likewise discusses with Jack about Edna’s personal financial requirements.
Public Trustee handles all of the daily financial tasks for Edna and Jack. Jack thinks that the weight of his condition has been elevated from him. He will have more time to spend with Edna and regularly help her with her therapy.
The right to have a criminal attorney with you in the course of any police questioning has long been a fabric of our legal society since the mid-1960s. The U.S. Supreme Court ruled in the 1966 landmark case of Miranda v. Arizona that criminal investigators are expected to advise people of their Constitutional legal rights prior to asking any questions (Miranda Rights). Among those rights is the right to have a criminal defense lawyer present during any and all questioning.
Other Supreme Court decisions have licensed most every police questioning tactic, which includes lying to and deceiving the suspect. Police may intimidate you by the threat of arrest, lie to you relating to their knowledge of the facts, lie to you about an eyewitness who has identified you, and let you know they will work with the prosecutor to help you out. With that knowledge of police interrogation ethics, is it any wonder why you should demand a lawyer during the process? If not, you are choosing to enter a combat with no armor and no weapon.
Most individuals are not familiar with these “rules of the game” when approached by police. Many may not even realize they are really being setup to be a suspect. What might seem like a friendly, casual law enforcement encounter can quickly change to a scenario with you in cuffs with a free ride to the city jail. It is essential that you choose to protect yourself from misinterpretations, misrepresentations, and misinformation. A competent criminal defense attorney will be ready to spot these typical law enforcement techniques. He will then be able to present you with reliable advice as to what questions to answer, and when to say enough is enough.
Believe me when I tell you that police investigators will say nearly anything and make you feel as uncomfortable as possible to get you to speak to them quickly, before you have had the opportunity to seek legal advice. You should decline any comments concerning a criminal matter, whether you’ve got anything at all to do with it or not.
Too many charges have been brought against clients due to misinterpretations of statements. Remember the scene from My Cousin Vinny in which Ralph Macchio is repeating back the question to the sheriff, “I shot the clerk”. To him, he was shocked by the question; in trial it was used against him as a declaration of admission. This is not unusual in criminal law.
The magic words that conclude all law enforcement questioning are, “I want to speak to an attorney.” Protect yourself, your reputation along with your freedom. At all times demand a criminal attorney for all law enforcement interrogation.
LinkedIn. Facebook. Twitter. Blogs. Some say these social media sites offer legal professionals brave new worlds of opportunity, marketing and collaboration. Others assert they are minefields full of danger for the unwary or unwitting.
Which is correct? Both, of course. Yes, these various forms of social media present powerful opportunities. Yes, they also pose significant dangers.
So how can legal professionals practice “safe social networking?” In the spirit of the topic, we turned to social networking sites such as LinkedIn and Facebook to put that question to a variety of lawyers and consultants.
From the feedback we received, we distilled their advice down to these top 10 tips.
10. Be professional – always
Remember that you are an attorney 24/7. Behave like one and always be professional in whatever you do online.
That means, above all, be truthful in what you say about yourself, your abilities and your practice. Be particularly careful in the bio you post on your website or blog and in the profiles you create for Facebook, LinkedIn and other sites. Do not portray yourself to be something you are not.
Being professional also means not calling others names online. In particular, do not call judges names. As comical as it seems to say that, a Florida lawyer was not laughing after he was disciplined and fined recently for writing on his blog that a judge was an “evil, unfair witch.”
In whatever you post online, pay attention to protecting your own “brand” and your own professional reputation. “Participate – be part of the conversation,” advises Mark Beese, president of the consulting firm Leadership for Lawyers in Denver. “But don’t do anything that might diminish your reputation. Think.”
9. Be thoughtful about who you connect with
One simple way to protect yourself in social networks is to be careful who you connect with. Our story last month gave an obvious example of this in the tale of the judge who “friended” a lawyer on Facebook when that lawyer was representing a party in a trial before the judge. Not surprisingly, the judge was reprimanded and the losing party got a new trial.
Another connection to avoid is one made for a dishonest purpose. An ethics panel has said, for example, that it is inappropriate for a lawyer to friend someone in order to investigate the person or to gain access to restricted information in connection with a legal action.
Also be careful to avoid connecting with others who may have their own ulterior motives in connecting with you. And consider whether a connection or an endorsement could someday come back to haunt you as evidence of a conflict of interest.
“While social media offers everyone literally thousands of connection opportunities, size of connections matters much less than quality of interaction,” says Vanessa DiMauro, founder of the Boston social-media consulting firm Leader Networks. “Be intentional, make great impressions, and offer value to those who you connect or interact with.”
A common practice among legal professionals is to segregate professional and personal contacts in different networks. “I still treat Facebook and LinkedIn separately,” says Reid Trautz, director of the Practice and Professionalism Center at the American Immigration Lawyers Association in Washington, D.C. “Facebook is for personal use including family, friends, and professional friends; LinkedIn is strictly for professional connections and professional friends.”
Joshua Masur, a partner with the law firm Turner Boyd in San Francisco, does the same, using LinkedIn professionally but restricting his Facebook connections to friends and close colleagues. “Of course, this means that you have to be willing to draw lines,” he says, “which means being willing to say no when people ask to connect in a network that you’ve restricted.”
8. Don’t fall victim to the myth of anonymity
“I would never delude myself that socializing ‘anonymously’ on any of these platforms is truly anonymous, including commenting on blogs,” cautions Susan Cartier Liebel, the Connecticut-based founder of Solo Practice University.
The recent history of the Web is replete with stories of the unmasking of legal professionals who thought they were posting anonymously. There was the assistant U.S. attorney who was exposed by a major magazine as author of an anonymous blog about judges. There was the in-house lawyer at Cisco whose identity was revealed after a lawyer he wrote about as a patent troll offered a reward for his unmasking.
These examples show that a lawyer should not feel safe to say anonymously what the lawyer would not feel free to say with attribution.
Another dimension to this involves Facebook, where lawyers can create restricted groups and therefore feel safer to speak their minds. If you are considering this option, make sure you educate yourself thoroughly on how to do it properly, advises Courtney Kennaday, practice management advisor for the South Carolina Bar.
Even then, she adds, “There’s a strong caveat: don’t count on Facebook’s restricted groups to restrict everything. It is very difficult to know what types of items will slip through and be viewed by everyone.”
7. Watch the line between networking and soliciting
Lawyers sometimes walk a fine line between speaking their minds and soliciting clients. They have every right to do the former and a professional responsibility not to do the latter.
One ethics opinion found that a lawyer engaged in inappropriate solicitation when he posted comments in a chat room for mass-disaster victims. It is easy to imagine how a lawyer could get into similar trouble on Twitter.
Several states have either ethics rules or ethics opinions that specifically address the issue of solicitation in electronic communications. Protect yourself by knowing the rules and exercising common sense.
6. Exercise editorial discretion – over yourself and others
Say nothing online that you would not want attributed to yourself on the front page of the New York Times. Do not assume that no one will read your blog or see your tweet. Once it is online, it is online forever and it can and will be found.
That does not mean that you cannot show personality or creativity, says Matthias Jung, director of Legal One Marketing in Houston. “It is good to let your personality shine through to your audience, but it is important to do so as if your mother or daughter were sitting there beside you.”
However, that does mean to remember that clients and colleagues will read what you say. Lawyers sometimes seem to forget that their clients are following them online. If you would not say it to a client’s face, do not say it online.
Not only are clients reading what you say, but they are judging what you say. Apart from the danger of saying something stupid, this raises another possible concern for lawyers whose clients are reading them online, says Eric Turkewitz, a trial attorney and blogger in New York City. “If you are frequently off-topic during working hours, they will wonder why you aren’t working on their case.”
If it is important to censor yourself, it is also important to censor others. “If you have a blog, make sure you approve all comments before they are posted,” advises Lorraine Fleck, a trademark attorney and blogger in Toronto. “That was a great tip I got from a veteran legal blogger, which has prevented my blog from becoming a haven for those advertising fake Viagra.”
Blogger and intellectual property lawyer Ronald Coleman sums it up this way: “Above all, accountability is key. Don’t say it if you’re not prepared to live it, or live with it. And if it’s not something you can back up — whether as a legal proposition or a factual assertion — well, why would you want to say it in the first place?”
5. Know your state’s advertising rules
Every state has its own unique version of the rules governing lawyer advertising and solicitation. Some require that copies of ads be retained, including copies of Web pages. Others require specific disclaimers on ads.
Be sure you understand the rules in the state in which you are licensed and in every state in which your law firm has an office. Keep up with ethics opinions interpreting the rules.
4. Avoid unauthorized practice
Avoid being charged with unauthorized practice by being clear about the geographic limits of your own license and about the geographic location of others with whom you communicate online.
“Protection against UPL ought to include disclaimers in online communications as to one’s licensure and geographic limitation on practice,” says James S. Bolan, a Boston-area lawyer who concentrates in professional-responsibility law. “Do not take on a relationship in a jurisdiction where one is not admitted.”
Keep in mind that unauthorized practice can lead not only to ethics charges but also to loss of any legal fees billed for the work.
Avoiding unauthorized practice is often tricky but perhaps nowhere more so than in a virtual reality environment such as Second Life. If your avatar gives advice to another avatar, then in what jurisdiction are you practicing? Are you giving advice to the avatar or to the person behind it? In what jurisdiction is that person located?
3. Don’t give legal advice
A significant danger online is the unintended creation of an attorney-client relationship. Web sites such as LinkedIn or Avvo allow users to post questions and others to post answers. Simply by answering a question, a lawyer may be giving legal advice and creating an attorney-client relationship.
This can happen even through a simple exchange of e-mails. A Massachusetts ethics ruling said that a lawyer who received an unsolicited query from a prospective client through an e-mail link on a Web site was required to maintain the confidentiality of the information even though the lawyer declined the representation.
The best way to keep this from happening is to avoid saying anything online that might be construed as providing specific legal advice. If you do answer a question online, include a disclaimer saying that you are not providing advice.
2. Don’t talk about your clients or their cases
Consider the example of Kristine Ann Peshek. On her blog chronicling her work as a public defender in Illinois, she sometimes wrote about clients and cases. Although she never used a client’s last name, she now faces disciplinary charges because authorities say her posts revealed enough information about her clients that others could identify them.
Peshek provided details about cases that some would say made her an extreme example. But even seemingly innocuous posts can get a lawyer in hot water. A simple status update on Twitter or Facebook could reveal your next move in a case to your opponent. Your tweet, “Drafting motion for summary judgment in federal court case I’m handling,” could be all the warning the other side needs.
For anyone other than a sole practitioner, this may require running a conflict check before posting. You want to avoid writing about not only your own clients, but also about any of your firm’s clients.
1. Use common sense
It sometimes seems to be in short supply these days, but common sense is the best way to stay out of trouble. Apply it to everything you do online and you can probably forget all the other rules.
“While I’m a fan of policies,” says consultant Mark Beese, “I tend to stick to a single maxim: Don’t do anything stupid.”
Common sense pretty much covers all the bases. It keeps you from saying something you’ll later regret. It keeps you from crossing a line you shouldn’t. It keeps you from getting into trouble in court, with a client or with the bar.
As Ron Friedmann, a lawyer, blogger and frequent speaker on issues pertaining to law practice management and technology, summed it up: “Lawyers should think before they hit enter.”
This article was originally published in BullsEye, a newsletter distributed by IMS ExpertServices. IMS ExpertServices is a full service expert witness and litigation consultant search firm, focused exclusively on providing custom expert witness searches to attorneys. We are proud to be the choice of more than 90 of the AmLaw Top 100.
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An IRS power of attorney allows a person to handle confidential and sensitive tax information and to act on the person’s behalf in regards only to federal tax matters. When giving a person this type of authorization, there are two ways that this can take place. The difference is how much power you plan to give to the person that will be acting on your behalf. You can choose to give them the standard power of attorney, which means that can act on your behalf regarding all tax matters. However, you can also choose to only give them power to access confidential tax information about you, as well as completing your tax filings and tax information.
IRS Form 2848 is the Power of Attorney and Declaration of Representative form that needs to be completed when giving power to another person to act on your behalf with your tax filings. Once it has been completed, the person chosen will be able to receive and go over your tax information. They must be eligible to act on your behalf. There are two parts to the form that grants the power to the person.
The first part is your tax payer must be completed and the person who will be representing you must complete their name and their CAF number. This number is assigned by the IRS to identify representatives acting on another person’s behalf.
The second part is a form that is the declaration of representative. The person acting on your behalf must sign, date and enter how they are allowed to practice under the IRS.
However, there is form 8821 from the IRS which is only a tax information authorization form. It gives a person or corporation power to inspect and receive your tax information. They are allowed the power to receive information from the IRS in regards to your tax information and the specific years that are listed on the form. This form gives limited power to the person or corporation and it does not allow them to represent you to the IRS, executive waves, sign any documents or close any agreements between you and the IRS. You have to file the above form for a person or organization to represent you to the IRS.
Once the forms are completed, they have to either be sent or faxed to the IRS within 60 days of the date that they are signed. You will need to check to see where to send the forms to based on where you live. The IRS have different locations to send forms to, based on your location.
This article was brought to you by Crissi Enger on behalf of Legal Forms Bank.biz where you can download legal forms online. You can download your state’s power of attorney forms at their Website, fill in the blanks on your PC, and then print it out. It’s that simple!
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Even though internet and social media marketing are growing at an unbelievable rate, many small business owners still do not understand the value of having a blog on their business website. Larger businesses are more frequently taking full advantage of this growing marketing opportunity, and many of them are seeing amazing results, but smaller companies tend to think that such marketing tactics are out of their realm. This could not be more wrong…
The truth is, small businesses can benefit just as much from maintaining a regular blog, if not even more. The reason for this is that much of the internet marketing that exists today has much more to do with connecting with consumers than it does pushing people to buy products, although sales no doubt result if internet marketing is done right. In a world of a huge internet culture, consumers want to engage with information about products, and that is what a blog can help a company’s prospective customers do. There are five types of businesses in particular that can benefit from a quality blog.
1. Motels – A blog is a great way for smaller motels and specialty lodgings to market their business, particularly during off-season when everyone is competing for guests. In addition to featuring information about the property itself, a motel blog could include area information, information about special events, and of course any upcoming specials.
2. Law Firms – You might not think that law firms have to use marketing to reach out to potential clients, but be assured, the smart ones do. There is major competition for lawyers, especially in larger cities, so making an extra effort to gain clients doesn’t hurt. Law firm blogs should contain information on different types of law practice, posts about specific issues that require the attention of an attorney, and answers to common questions clients might have.
3. Restaurants – Perhaps the most likely to benefit from a well-maintained blog are restaurants. There is so much information restaurants can share with readers, whom you want to be future customers. Diners love going to a restaurant’s website to research the types of food they serve, specials, and upcoming events. A restaurant blog should contain all of this and more.
4. Service Businesses – While corporate service businesses may not need a blog so much, independently owned service businesses do. In the age of information, anyone hiring a service provider does their research first, which is why sites like Angie’s List exist. But, it’s even more beneficial for companies to take matters into their own hands as well. These businesses should blog about service specific issues, as well as the company itself.
5. Real Estate Agencies – Last but certainly not least are real estate agencies. Buying a home is a big step in many people’s lives, one that makes many people quite nervous. Allowing potential clients the opportunity to “get to know” a company helps alleviate some of that fear. A real estate blog can feature posts about specific properties, tips on home care, and local information, and potential clients will love it.
A blog is an amazing marketing tool that more and more small businesses are beginning to take advantage of. If you don’t think you can maintain a blog for your business do yourself and your business a favor and hire a copywriter to manage your blog for you. You know how much business it can bring you until you give it a try.
Michelle VanSlyke currently works at a timeshare resort in Daytona Beach, FL and is also a freelance writing with nearly a decade of experience working in the content marketing niche. She has also written about travel-related topics extensively. Michelle attended Jefferson Community College for Liberal Arts, American Public University for Political Science, and is now continuing her education in the marketing industry. See how Michelle can help you with your internet marketing needs by visiting http://www.sayitinwriting.com/.
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