Lawyerup09

TEN MOST NOT WANTED (Clients)

JUST

SAY

NO & NO MEANS NO

 

Just say No! We have all heard it right? No means No! You’ve heard that one? Useful sayings we have all heard and undoubtedly said.  So you are scratching your head and wondering how this applies to lawyering. Before you turn the page and decide now is the perfect time to start using those sayings, hear me out.

With more and more downsizing in large law firms and the increasing number of solos by choice of lawyers, it may seem that the number of choice clients is on the rapid decline. We have all felt the sting of today’s economy. I recently read an article, which prompted this article; it addressed the top occupations to be in during this topsy turvy recession

At first glance, I have to say I was surprised to see lawyers listed. Yes, right alongside ‘health care professionals’, ‘career counselors’ (whatever they are) and internet media. I admit I am unaccustomed to this good press. I admit I am used to seeing and reading about lawyers side by side with Used car salesmen,  Those check cashing places that charge people like 20% of their entire check for the pleasure of cashing it-albeit they do not verify the funds; so I have been told.

The more I thought about it; the more reasonable it became. I mean just because the economy has gone to hell doesn’t mean that criminals have stopped breaking the law and committing crimes. Let me rephrase that please. I mean just because the economy is bad doesn’t mean that the police have stopped wrongfully arresting innocent people for the crimes that are still being committed. People have not stopped having car and motorcycle accidents. People still slip and fall during this economy, heck probably more often. Divorce is clearly on the rise.

Now the 64,000 dollar question is: Will these people pay top dollar for the good lawyers like you and me. Everyone is watching their dollar closely, whether that dollar was earned or stolen. So it is all the more important to be the best at what you do. Do not make promises that you cannot keep; do not promise your client the world before you even look at the facts of the case. Your working reputation will earn you word of mouth referrals from happy and satisfied clients. It is always better to get a client who was referred by a former client that a nut case who threw a knife into the telephone book and hit you with a bull’s eye. Come to think of it, people who like you would never refer some nut job to you.

 

The problem begins to creep up on us flying solo when halfway through the month you are having an unusual quiet day at the office. At first you think

OMG

is today a holiday and I forgot to give the staff time off. When you realize, no it is just Wednesday. Then you ask your paralegal for the third time today, before

noon

“Sally, can you get me a list of the new client appointments for the rest of the week? I think I will get a jump start on their intake, you know while I am having this unusual but welcomed down time?” 

“Um, Sally, did you not hear me?” looking down, she keeps tap tap tapping on her keyboard, secretly hoping you will just go away while at the very same time secretly hoping that she gets her paycheck this week, probably haven already given up on the visions of $$$$ in her Christmas stocking . Snap out of she finally tells herself, it is only July things will surely pick up by bonus, I mean Christmas time. We always go through spurts, why should this be any different?

TEMPTATION AND FRUSTRATION  competing with fear of the unknown take over and the next thing you know we find ourselves sitting across the conference table from creepy crawly client who gives us the heebie jeebies. For those of you who do not think you know what I mean by the heebie jeebies, well yes you do. You will recognize it next time, I promise you and then you will have a floodgate of memories of past scary, scummy sketchy, clients. You know it when you are talking to a client and you just have the strangest overwhelming outburst. You holler to the receptionist as she goes to close your door

“No, um Tiffany, that is not necessary. Please just leave the door open.” Puzzled of course, because all Tiff can think of is how many times you have reminded her to always but always close the door after escorting a prospective new client into your office. Then you know it, or when you feel the hairs on the arm stand up at attention or the prickly feeling of something crawling down your back, oh you know it. The time when you told the young ladies they could leave at 5:30 you would be fine. You only had one appointment left for the day; a nice gentleman was coming in to talk to you about a dispute with his neighbor. It should be relatively simple; you can handle it on your own. Oh yes, you know it when he arrives in his dirty overalls, carrying a sack that you learn contains the neighbors dog’s feces. He wants it examined. He is certain they dog ate his parakeet. Then he starts talking about the giant government conspiracy against him and the UFO’s that are brainwashing his dog. The heebie jeebies, that is what that feeling is, we all have had an experience with a client who gives us the heebie jeebies.

Temptation and Frustration and fear of the unknown and now we are sitting across from the master of Heebi and Jeebie and yet we are somehow signing on the dotted line of a retainer agreement.

Repeat after me. Just say No. and No means No,

You can and should pass on some clients. The ones you should pass on and don’t are the one that will end up costing you more that you collect from them. They suck up all of your productive time that you could be spending on your good, easy going appreciative clients who pay their bill on time and actually trust you to do your job and take your advice.. The just suck the life out of you. And after you have done far more than you were paid to do, they will not be happy and you will be spending more time writing letters trying to appease them to no avail. Then after they fire you and demand their money back you will spend even more time having to answer a frivolous bar complaint.

So make it a rule. Just say no to the clients that will end up causing you to live off BC powder for the headache followed my Tums and Rolaids for the indigestion form ingesting too much aspirin.

Here is my list of the TEN MOST NOT WANTED (Clients)

 

10. Clients who make legal fees and cost a major issue. It should come as no surprise to you when this client haggles over every single cost. He wants to do the start now pay later plan. He will talk a big game about money; will tell you how much he gives his employees as a bonus. Talk is cheap and so is he. If he is already trying to negotiate the fee down; this is just the beginning of many headaches and months of no payment from  this cost avoiding client. Best case scenario, you refund his money and learn a lesson. Worst case scenario you have to sue him for payment (never a good idea) & count on spending money to travel to your state’s bar associations’ disciplinary committee to give your deposition and other cost involved defending against his frivolous complaint.

9. Clients with an issue that is beyond your area of expertise: Now is not the time to learn a new area of law. If you are a family law attorney and a client wants to retain you for a big tax law case. Resist the temptation to be drawn in by the $$$$$. You are just asking for a malpractice suit.

8. Lawyer Shopping Clients: So you and half the lawyers in town offer a free initial consult. Nip this consult in the bud when it becomes apparent that this lawyer has already interviewed 9 lawyers, crosses your name off the list while comparing you to the nine before you while looking at the list of 13 more after you. Now this is not a golden rule, there are always exceptions. When I first opened my private solo practice, I had a lawyer shopper come in. I was determined to land her. Imagine if you can this scenario/ One of the main reasons I went into practice for myself was to have more time for my kids, I even had a huge playroom in my law office for my kids after school and for the children of clients to use while we met. On this particular day my kids did not have school and had been at my office all day. This was a 5:00 PM client consult and my kids made about 20 guest appearances in my office. They came in unannounced; the staff could not control them. They were bored tired and hungry. They popped in to kiss me, hug me, tell me a joke, play peek a boo with the potential new client, kick me, tell me they loved me, hated me, wanted to go home. I handled it the best I could, but I never screamed at my kids. When the interview ended I just assumed “another one bites the dust…and another one gone…Imagine my surprise Monday morning when she was back with checkbook in hand to retain me (and this was a big fee) I asked her what prompted her to select me over all the others she interviewed. She was retaining someone to represent her son a juvenile charged as an adult with a very serious offense. She said it was my commitment to my family. I had tears in my eyes. Remember this is the exception, you can sell yourself to the client ;lawyer shopper, she will eventually chose someone to be her lawyer, but how often can you give away hours of your time for free to not be the one selected?

 

 

 

7. The Ping Pong Lawyer Client this is the client who has already fired one or more previous attorneys on this very case. A red flag should immediately go up. Normally this indicates a client who is not easy to please and will never be satisfied. You will find yourself spending hours of unnecessary time talking on the phone, meeting with this client as they continuously drop in without a scheduled appointment. They are what we call “hand holders” they need their hand held through every step. If they have a court date two months out (just a status conference) they will stop by the Friday before the Monday that you begin a first degree murder trial. They will demand that you stop meeting with the witness for Monday’s trial. Their case will always be more important than any other you have. If you dismiss them, they take it personal. They will threaten to fire you and when they do fire you, even though you have used up the entire retainer fee and then some they will demand all of their money back or threaten to report you to the bar. They will report you to the bar, but only after you have literally worked your ass off trying to please them.  Save yourself the trouble. First contact the previous attorneys and learn the real story. Again this is the rule and there are exceptions. I have cases I have taken when a client has fired a lawyer. There are certain lawyers in my area that have a reputation for taking money and doing little. If it is one of these very few attorneys I will consider it, but never if they have lodged a bar complaint (learned my lesson the hard way here. A 4 time convicted felon retained me, he was in jail and the judge refused to set a bond. It was a drug case. I saw the money and saw what appeared to be easy; he had a right to bail didn’t he? My warning sign should have gone off when I asked him who represented him on the manslaughter case he was acquitted of and he named the name of a very reputable and awesome attorney. When he said the name I did not mention to him that it was my husband, not yet. I asked him why he did not retain him again and he bad mouthed him. I later learned that was not the only acquittal my husband obtained, he obtained 4. The judge hated him as did the DA. We had a bail hearing and despite the prosecutor introducing no evidence, the judge still denied bail. Client filed a bar complaint. During the investigation of said complaint, I took a writ and won and he was released. I had to continue working for him. Bar complaint unfounded. It was my first and I worried myself to death. The hours I spent preparing and answering etc. were unavoidable.  He even lied about the amount of money he paid me. Luckily we had very good records and deposit slips. Another reason to document everything.

 

6. Client with unrealistic expectations  you know this client, this is the greatest lawsuit of all times. This should make millions and they are doing you a huge favor letting you in on it. They want to sue the city, state, county, Parish, school Board, Mayor, Governor, they have researched verdicts in California and New York and think their case is really worth 35 mil. Run do not walk, but run to the nearest exit of the airplane. Wait this is your office. Walk very fast to the exit door and politely open it for them and wish them well. Cover your ass and immediately send a letter of non engagement. Do not let this client think for even a day that you are their attorney, You will be pulling your hair out.

5. A favor for a friend or a friend of a friend or even worse, family or friend of family.  When you get your law license amazingly you will have so many more friends than you ever remember having. It reminds me of when my husband and I move to a place on the beach in Florida right after we graduated law school. We lived in Florida for five years, eventually buying a home on the water. Man did we have a lot of friends come visit. Come to think of it, not one of them came to visit us in Michigan while we were in law school in the blizzards and 30 below ice storms. When you do a favor for a friend or family and you end up doing it for a fraction of your fee or pro bono, you open yourself up to a client who will call you to explain every tiny detail, even if it is a simple lease. Since they did not pay you they often do not recognize when the relationship ends. I have one family member, god bless her sweet soul, and she has kids from hell. At any given day during the 20 years of my practice, I kid you not, no less than three of her either children, grandchildren, spouse of children spouse of grandchildren, best friend of same, boyfriend of, ex husband of, baby’s daddy and so are in jail at the same time, at least 3 usually 5 or more.  So seriously we have the grandmother (young to be a grandmother and she usually stays out of jail to work her ass off, her fingers to the bone to pay bail every single weekend. My ex husband, current husband and I somehow are always representing her two children, her one grandchild, her daughter’s boyfriends, her daughter’s baby daddy, her grandson’s girlfriend, ex girlfriend, her son’s first wife, second wife, current girlfriend and ex girlfriend, sister of current girlfriend, This family members current boyfriend, ex husband and get this now we have the ex husband of this distant relative’s new girlfriend. I am not kidding. When one case ends they get arrested again and just tell the judge we represent them and because our name is already on so many cases, it just goes on the next. These clients we did pro bono work for now really own us. They know where we live, our home numbers, cell phones, they show up at our house at 630 am (when they know we will be home and we cannot hide) They say the stupidest things to Judges like” well so and so used to be the DA here and he will get us off so I don’t care what I am charged with, really makes it hard. Just don’t mix family and business if you can help it. Their case is always an emergency you get 25 calls an hour the 4^th of July weekend, when you finally can’t take it anymore and use up a huge one and bite the bullet and call the Judge on his cell phone while he is with his family on this holiday to get a bond set, suddenly the phone calls stop, not even one thank you call. By now, you don’t care; the peace is a welcome relief.

 

 

 

4. The Angry Client-You can’t quite figure out who he is angry at, but who cares, it will be you soon enough. Words like conspiracy and government cover up should alert you. When he comes to the consult armed with a ton of paperwork, mostly letters he has written to complain about someone. He is a big letter writer. He writes the mayor, the governor, the president, the congressman, senators, FBI, DEA, and any other 3 letter organization you’ve never heard of. He feels that society and the justice system owe him something and eventually you will be on that list. The worst part he will begin to include you in his letter campaign, but up until now his 2000 letters per month have gone unanswered, but that one little letter to the bar must be answered, by yours truly. That is if you get off lucky and he does not go postal on you.

 

3. The client whose issue is always a life or death emergency. Beware you will be running around like a fire dog trying to put out fires, your own. You won’t have time for any other clients.

2. The client who knows more than you.  This client would do it himself if not already so busy with his real important things to do. He will come armed with laminated maps, plats, volumes of law (mostly outdated) he has downloaded and printed from the internet. Beware of the client who offers to do “much of the leg work himself” to save some of the cost & worse yet the client who has a girlfriend or boyfriend who is in college taking a business law class. Client will inundate you with silly out there off the wall questions and suggestions. Stay away. & Always beware of the client says “I don’t care about the money; I am not in this for the money; it is the principle of the matter

 

 

 

1. The Heebie Jeebie Client  - nuff said

 

 

Quote Of The Week- On Dying with Dignity

Death is not the ultimate tragedy of life. The ultimate
tragedy is depersonalization--dying in an alien and sterile
area, separated from the spiritual nourishment that comes
from being able to reach out to a loving hand, separated
from the desire to experience the things that make life
worth living, separated from from hope.

                                      --Norman Cousins,
                                  Anatomy of an Illness

Nursing Homes Lack Expertise in Recommending Hospice & delay results in needless pain for dying patient

How can family members trust health care providers when the concern for money and self interest overrides the care needs of their family members at an especially critical time of life? This choice should not be a decision made by facility staff but the decision of the individual or family member involved>

Your loved one is terminal, and terminal does not just mean dying of cancer, it includes elder patients who are on the path to death. The signs are usually unmistakable. Unfortunately, it is almost always after your love done has endured unnecessary & needless pain & suffering. A Study of major Nursing Homes throughout the United States clearly showed that the staff, while understaffed and not properly trained to handle end stages of life where able to pinpoint the exact time of the dying patients turn for the worse. How scary is it to learn this information? What does it tell us when the staff answered in the study that while of course they recognized the signs of impending death; most did nothing to improve the quality of life during the dying process?

Your family member, sick and in pain, is in a hospital or nursing home and no one is available to help because the person is the next room is in critical condition and the entire floor staff is rushing around to help this person. You empathize thinking that if you were in a similar situation you would want everyone rushing around to save you. What you really do not know is that this emergency is due in some cases to financial self interest or lack of staff education regarding critical or end of life care. Most individuals do not fear death as much as the experience of a painful death and many nursing homes and assisted living facility staff do not have the training or desire to educate family members about hospice and palliative care services.

How can we make the stress of having a sick loved one, piled on top of daily stress easier for all involved when hospitals, nursing homes and assisted living locations often provide end of life care? Whether you recently experienced the loss of someone you know or are currently experiencing the decline of a loved one there are steps that can be taken to ease the journey but you must be the one to ask questions because many facility staff lack training in hospice and palliative care.

According to research by

Lisa

Welch

,

Ph.D.

few nursing homes or assisted living facilities have written procedures for regularly assessing residents’ terminal disease status or eligibility for hospice care. Instead, many staff members base their timing and referral of hospice based on their ability to recognize decline, their personal beliefs about hospice services and their initiative in raising hospice as an option. What happens when facility staffs have little or no education relative to palliative or hospice care and family members rely on their level of experience to help their loved ones? The result is often family frustration.

In Dr. Lisa Welch's extensive study of nursing homes being ill equipped to take care of dying patients some of what she reports is so disturbing. In fact, Dr. Welch reports that she has been personally told by Nursing home staff

that their administration does not want them recommending outside hospice services because that means that money leaves the building. Or, as the research mentions, if there is no family requiring support, hospice is not recommended and is instead provided by their own staff, lacking hospice background. In these cases, offering hospice becomes a territorial issue founded by concerns over money and staffing. How can family members trust health care providers when the concern for money and self interest overrides the care needs of their family members at an especially critical time of life? This choice should not be a decision made by facility staff but the decision of the individual or family member involved.

“Additionally, timing of hospice referrals is often delayed because staff members believe that hospice is appropriate only for the very end of life. There was often a discrepancy of weeks or months between when staff reported recognizing terminal decline and when referral to hospice occurred.” It is clear that training needs exist for staff relative to recognizing declines and understanding the benefits of hospice services. In defense of facility staff, I have experienced instances where fear of breaking rules or regulations or chastisement by a superior prevents staff from doing the right thing. However in these cases mysteriously a phone call or recommendation is made and I become involved to help families navigate the situation.

Until the level of palliative and hospice care education catches up with the need, family members will have a greater level of responsibility navigating the care of loved ones experiencing declines in health. It’s never too early to ask about palliative or hospice care; however it can be too late. Too late is when a loved one is days away from passing and has already likely experienced a high degree of pain and discomfort. In the instance you ask and it is not quite time for palliative or hospice care, at least you have been proactive in your own education and when the time does come you’ll be more prepared and less reliant on others to recognize the signs or request assistance.

Welch,

Lisa

C.

Ph.D.

et. al. Referral and Timing of Referral to Hospice Care in Nursing Homes: The Significant Role of Staff Members. The Gerontologist. Vol 48, No. 4, 477-484.

Pamela D.Wilson , The Care Navigator, specializes in consulting, planning and education for families and individuals experiencing transitions in health care. Contact her at The Care Navigator or visit The Care Navigator Blog for free information Article Source: http://EzineArticles.com/?expert=Pamela_Dombrowski-Wilson

Thanks & Compliments to Dr. Lisa Welch for the above stats and information. Maybe with someone as compassionate as Dr. Welch working on the side of the dying patient; we just may get some help for the elder and dying patients.

Please read the entire article

http://www.wellnesspick.com/health-wellness-guide/nursing-homes-lack-expertise-in-recommending-hospice-care-placing-your/?k=nursing+home+reform+act

Louisiana Nursing Home Neglect

 Nursing Home Neglect Overview

One of the most frequently overlooked problems in today’s society is often found to be nursing home neglect. As nursing home neglect attorneys can attest to, it can take place in any country, state, and town in Louisiana. The problems can range in severity and many people may not notice them, even on multiple occasions of visitation to a nursing home. There are many reasons for this. When older people need to live in an assisted living community in Louisiana such as a nursing home, they may not be able to communicate properly all the time. When something happens to them in the form of neglect or abuse, they may not be able to explain coherently what is happening to them. In other instances, they may even be threatened and told not to say anything to family members or nursing home neglect lawyers. Just like with bullies in school, these older individuals may fear telling someone such as nursing home neglect attorneys may get them in more trouble with the staff, if the nursing home neglect lawyers are unable to get the case heard by a court system.

While nursing home neglect lawyers are responsible for the problems after they are brought into the legal system, it should be a Louisiana community priority to work towards ending nursing home neglect, before the problems have a chance to turn into nursing home neglect lawsuits. While we may not realize it now, many people will eventually need some type of assisted living program later on in life, and the nursing home neglect lawsuits we petition now will prevent further neglect later. What many people may not realize is that the same forms of neglect may be used on them later if not treated now, with or without the aid of nursing home neglect attorneys. We should be focusing on the current problem for other reasons, but some may be more motivated to act, if they understand that the problem could affect them at a time when they, too, may not be able or willing to speak with nursing home neglect lawyers. There are simple and more complex activities and defenses that we can put in place to protect our nursing home residents and ensure safety and comfort to anyone that requires this type of assisted living program. Nursing home neglect lawsuits have often been presented to the court systems to try and halt the issue within specific nursing homes.

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3 . Statistics of Nursing Home Neglect

When it comes to nursing home neglect in Louisiana, there are statistics that need to be considered. Many of the nursing home neglect lawsuits could have been avoided, and nursing home neglect attorneys would not have to present as many cases, if only people were aware of how frequent the problem occurs. What many nursing home neglect lawsuits and nursing home neglect lawyers may not focus on enough is how common this issue really is. By making sure that we are aware of the numbers, it is much easier to limit nursing home neglect lawsuits and the involvement of nursing home neglect attorneys. This is because we would then be able to ensure that nursing home neglect is not being performed in any way. Some of these statistics also involve nursing home abuse as well, so we have to take that into consideration.

Serious abuse is found in approximately one in every 10 nursing home facilities. While 45% of the American public believes, according to one report, that 43% of individuals in a nursing home are worse off than before they entered, 45% would find it completely and entirely unacceptable to be admitted into a nursing home. These are things that may be taken into consideration by nursing home neglect attorneys when they are preparing their nursing home neglect lawsuits. The nursing home neglect lawyers in Louisiana are painfully aware of the fact that the problem is serious and common enough to have resulted in many nursing home neglect lawsuits.

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4 . Court Involvement

When it comes time to present the evidence that the nursing home neglect attorneys have been able to produce, they do so in a Louisiana court of law. The nursing home neglect lawyers file nursing home neglect lawsuits that will force the nursing home to defend itself and its’ actions. Capable nursing home neglect attorneys will have enough evidence and debate experience to make a definitive stance against the nursing homes. There are many things that courts can decide when they are involved in nursing home neglect lawsuits that are not settled out of court. While nursing home neglect attorneys can ask for reparations to be made, it is also possible that the nursing home neglect lawyers can take more drastic measures. In some cases, nursing home neglect lawsuits have ended in the shutdown of a facility, if the nursing home neglect attorneys are able to argue their case strongly enough to warrant this. The court system is aware that nursing home neglect lawsuits are not about money and other trivial matters. Instead, nursing home neglect lawsuits that are presented by nursing home neglect attorneys are based on the need for expression of compassion and care when it comes to basic needs, rights, and the desires of the elderly.

Cheers

If you could bring back a canceled tv series, which would you choose?
Submitted by The Good Girl Gone Blog.

WHAT IS NURSING HOME NEGLECT

What is Nursing Home Negligence?

I most often get this question when I tell someone I just met that I am a malpractice attorney and file law-suits, on behalf of residents and families, for nursing home negligence.

Well, what exactly is nursing home negligence?

To begin, let us discuss the word “negligence.” Webster’s dictionary states that “negligence” is a noun and is the “failure to act with the prudence that a reasonable person would exercise under the same circumstances. “ Webster also defines negligence as “the trait of neglecting responsibilities and lacking concern.”

 

Webster’s first definition is very similar to the one used by Virginia courts. When you claim a doctor or nurse was negligent, you must prove to the jury their actions or the care they provided “fell below the standard of care.” More simply put, you have to prove that their actions (or failure to act) were not what a reasonable doctor or nurse in Virginia would have done under the same circumstances.

 

In other words, if they were being graded you would have to convince the jury that the doctor or nurse received a D or an F, with C being the “standard of care” grade.  

 

How do nursing homes fail to provide the level of care?

This is the sad part of my job – learning about the many ways that loved ones have been neglected in local nursing homes. In the last two years alone, we have received, tried, settled, or heard about cases which involve the following:

• Elopement – when residents have left the facility alone, unattended, often times wandering away from the nursing home into dangerous situations, like traffic, into parking lots, etc.
• Pressure Ulcers – when residents have not received proper skin care, nutrition, hydration, and turning resulting in large bed sores or pressure ulcers begin to form. These ulcers/sores most often develop on heels and the sacrum (bottom) of elderly residents and can allow infection to directly enter blood stream;
• Resident on Resident Abuse – from physical to sexual assaults, we have seen too many cases where residents have caused harm to other residents;
• Malnutrition – failing to provide proper nutrition and sufficient protein in the resident’s diet;
• Dehydration – failing to provide sufficient water for body and organ systems to work;
• Medication Errors – too much…too little… wrong medication – any way you can imagine mistakes being made, we have seen them;
• Falls – Falls can be from a wheelchair, walker, bed, or while walking. Brittle bones make falls very dangerous and the resulting injuries can be life-threatening. Even one fall can cause permanent injury and or death;
• Bed Rails – it is a little known fact but every year residents get caught in, and strangled by, bed rails;
• Infection Control – in a 110 bed facility with nurses going from room to room, infection can spread like wild fire!
• Failure to Diagnose – You rarely have doctors walking around the nursing home so nurses serve as their eyes and ears… overworked nurses mean we see cases where serious medical conditions have been overlooked by staff, and physicians not notified.
• Staff Abuse – although I have never had a case of outward abuse by a staff person, I know nurses in Virginia have lost licenses for verbally or physically attacking residents.

Conclusion: I don’t believe nursing homes purposefully abuse, mistreat or neglect the residents. However, I do think most employees are over worked, underpaid, and without higher staffing levels and qualified care providers, many of our loved ones in Virginia nursing home may fall victim to nursing home neglect. 


 THIS ARTICLE BROUGHT TO YOU BY LAUREN ELLERMAN, A RECOGNIZED AUTHORITY IN THE U.S ON NURSING HOME NEGLECT & A POWERFUL & SUCCESSFUL LAWYER DEFENDING THE RIGHTS OF OUR MOST VULNERABLE CITIZENS; THE NURSING HOME CONFINED.

6 signs of nursing home neglect

this is a starting point, not an exhaustive list. pay close attention to thew INATTENTION of nursing home staff.

Warning Signs of Nursing Home Abuse & Neglect Many warning signs of nursing home abuse and neglect are overlooked or thought to be a common part of growing old.  Undue pain, abandonment, and premature death should not be part of the nursing home experience.  The following Six Warning Signs could save the life of your parent or prevent serious pain and harm: Weight Loss  Bruises     Falls     Bedsores        Restraints        Staff Inattention Please Note: These six nursing home abuse warning signs are not presented in ranking order.  All six are equally serious and warrant further investigation. If you notice any of these warning signs of nursing home abuse or neglect, please contact us immediately. Weight Loss (Additional information on Nursing Home Weight Loss) Both medication and advanced age’s deadening of senses can affect appetite.  Negligent nursing homes often do not have the staff or the caring spirit needed to make sure their residents receive necessary nutrition and hydration.  Without proper nutrition, the body begins to eat itself in a serious medical condition called “cachexia.”  Additionally, susceptibility to disease increases with malnutrition as does your loved one’s suffering.  If you notice your relative in nursing home care losing weight, especially if other abuse and neglect warning signs are present, don’t wait—contact Consumer Justice Group immediately to begin an investigation.  Bruises (Additional information on Nursing Home Bruises) Families of nursing home residents should demand answers when they see bruises on a loved one’s body.  Bruises (actually pools of blood from broken capillaries) heal slowly in people with poor circulation.  Bruises often occur when a nursing home resident is struck by a member of the nursing home staff or when the resident is allowed to fall.  Any bruise or cut requires both medical attention and an evaluation to determine its cause. Sometimes a bruise may support evidence of sexual abuse. Falls (Additional information on Nursing Home Falls) Serious and/or frequent falls are a definite symptom of nursing home neglect.  It is the legal responsibility of a nursing home to develop a nursing care plan for each nursing home resident to help prevent falls.  Do not let what might seem like minor falls go undocumented, especially as they may lead to major medical expenses.  Nursing home falls can result in lasting injury, sometimes fatal.  Nursing home falls can and should be prevented.  If you suspect your parent or loved one shows symptoms of nursing home neglect, contact the Consumer Justice Group.  Our experienced professionals will analyze cost-free this and other telltale signs of abuse and severe neglect and find a lawyer suited to your specific case if civil action can and should be taken.  Bedsores (Additional information on Nursing Home Bedsores) Bedsores are sometimes called pressure sores or decubitous ulcers.  These sores are caused by poor nutrition and prolonged pressure on the bodies of patients permitted to lie unattended for long periods of time.  Bedsores are painful.  At Stage 1, bedsores appear as painful red inflammations on the skin.  By Stage 4, a bedsore eats through skin and muscle to expose bone.  There is no reason for a properly cared for nursing home resident to suffer this neglect and abuse.  Restraints (Additional information on Nursing Home Restraints) Nursing homes use both physical and chemical restraints on their patients.  Physical restraints involve any method that the individual cannot remove easily and which restricts freedom of movement such as leg restraints, arm restraints, hand mitts, cuffs, wheelchair safety bars, bedrails, and lap pillows.  Abusive nursing homes also restrain your loved ones by tucking their bedsheet so tightly that they cannot move or turn those under their facilitated care into zombies by forcing them to take heavy sedatives to make them more manageable. Staff Inattention (Additional information on Nursing Home Staff Inattention) Nursing homes are businesses, and one way many business owners increase profits is by cutting labor costs.  Many nursing homes are understaffed and nurses and care providers overworked.  When the staff can’t respond in a timely manner, mistakes happen.  Pills are given too often or not at all.  Patient hygiene suffers.  Signs of serious illness are overlooked.  Staff inattention and failure to respond to patients’ requests is the number one complaint filed against nursing homes.  Nursing homes residents need special care.  Do not remain quiet if you feel your loved one is not receiving the attention or not being treated with the dignity by a nursing home.  Speak up.  Contact the Consumer Justice Group to learn what action you can take to get the justice your loved ones deserve.  Lawyers for Change If one or more of these nursing home warnings signs is present in the care of your loved one, contact the Consumer Justice Group immediately before it is too late. No one, regardless of age, should spend their final years in misery. Speak with our qualified nursing home attorneys today. The Nursing Home Abuse & Nursing Home Neglect News is a service of the Consumer Justice Group.

This page is an advertisement of the Consumer Justice Group, LLC. The opinions expressed herein are those of the Consumer Justice Group. The Group is a Washington, DC law firm. This website is not a solicitation for business in any other jurisdiction. The laws of the District of Columbia apply to this website. The information contained herein is not legal advice. All trademarks and copyrights are those of their respective owners.

Nursing Home Neglect Law Suits

How to File a Nursing Home Abuse Complaint If you suspect that an elder or loved one is suffering from nursing home abuse or that the facility is inadequately staffed or maintained, there are several steps you should take. The first is to file a complaint with the state in which you live. State health agencies are required by law to investigate complaints of nursing home abuse. In most jurisdictions, the APS (Adult Protection Services), the Area Agency on Aging, local State Department of Health Licensing or Certification office, or the county Department of Social Services is designated as the agency to receive and investigate allegations of nursing home abuse and neglect. If the investigators find nursing home abuse or neglect, they make arrangements for services to help protect the victim. What to Include in Your Nursing Home Compliant Nursing home abuse complaints do not need to be lengthy or overly complicated. They do need, however, to include all pertinent and relevant information the investigating health agencies need to understand the situation they will be investigating. Nursing home abuse complaints should include your: Name Address Telephone Number Email Address Relationship to the Victim Nursing home abuse complaints should also include: Resident's full legal name and any other names he/she goes by. The condition or medical problems leading to the resident's stay at the nursing home. An outline of the nursing home abuse complaints that describes the circumstances and details of the problem. This should include time and dates of the offense, the name and shift of nursing home staff working at the time, and the names of staff who have spoken to you about the abuse. Copies of any applicable nursing home medical records (i.e. needing to go to the emergency room or hospital). Making copies reduces the chance of the nursing home or hospital staff mysteriously "misplacing" these records. A copy of the autopsy (if the complaint involves the death of an elder). The State Takes Action The state agent handling the nursing home abuse case is supposed to contact the individual who filed the complaint to discuss it in more detail. Many states tell you that they will contact you within a few days of receiving your complaint. The agent is then supposed to make a surprise visit to the facility to investigate the specific nursing home abuse complaint. In the case that the alleged offense is found to be true, the state will take whatever steps they feel is appropriate. Send a Copy to APE Another important step when you send your nursing home abuse complaint into the state is to send a copy of the complaint to the Association for the Protection of the Elderly (APE). These organizations exist in most states and can assist you in making sure the state properly investigates the nursing home abuse complaint. Do note that the state keeps these complaints confidential for the protection of the parties involved. Therefore, if you do not send a copy to APE, it will be extremely difficult for them to help you make sure the state takes the appropriate actions. Lawyers for Change Alerting the state about a specific nursing home abuse offenses does not always bring you the justice that you and your loved ones deserve. Taking legal action is often the quickest and most direct route to obtaining justice for nursing home abuse or neglect. Keep an extra copy of your complaint form(s) to present to your attorney. Click for a free consultation with an experienced nursing home abuse attorney. The Nursing Home Abuse & Nursing Home Neglect News is a service of the Consumer Justice Group.

This page is an advertisement of the Consumer Justice Group, LLC. The opinions expressed herein are those of the Consumer Justice Group. The Group is a Washington, DC law firm. This website is not a solicitation for business in any other jurisdiction. The laws of the District of Columbia apply to this website. The information contained herein is not legal advice. All trademarks and copyrights are those of their respective owners. THIS INFORMATION BROUGHT TO YOU BY THE  CONSUMER JUSTICE GROUP, LLC

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THE DRINK WHEEL- Your online BAC (Breath alcohol Content)

The Drink Wheel
On-Line BrAC Calculator
About Disclaimer

I have had US beer(s) Light beer(s) Reduced alcohol beer(s) Pint(s) of beer Malt liquor(s) Glass(es) of table wine Glass(es) of Champagne Glass(es) of Fortified/Dessert wine Bloody Mary(s) Gin and Tonic(s) Highball(s) Irish Coffee(s) On the Rocks Pina Colada(s) Screwdriver(s) Tom Collins Whiskey Sour(s) Margarita(s) Airline miniature(s) Gimlet(s) Old-fashioned(s) Mint Julep(s) Black Russian(s) Dry Martini(s) Manhattan(s) Rob Roy(s) Double(s) on the Rocks Frozen Daquiri(s) over a period of hour(s)².

I am Male Female (Explanation of gender differences in Blood Alcohol Concentration)

and I weigh Pounds Kilograms

and I live in United States Australia Austria Belgium Canada Cyprus Finland France Korea Hong Kong Netherlands New Zealand Norway Portugal South Africa Spain Sweden Taiwan United Kingdom United States (so that the result is displayed in the appropriate units).

---

About the Drink Wheel

The Intoximeters Inc. "Drink Wheel"¹ is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a "Drink Wheel"?

We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.

Disclaimer

It would be extremely foolish for us to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.

A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.

private investigater test

You Scored as Expert P.I. You are an Expert P.I.! Congratulations on your keen attention to detail. Have you ever considered a job as a Detective? Tune in to Snapped and Captured, the true crime series, Sundays beginning at 10pm/9C on Oxygen! Go to www.oxygen.com/crimetime for more details. Intermediate Detective 75% Novice Gumshoe 63% Expert P.I. 50%

Sometimes you have to laugh; to keep from crying, yes. Also to keep from Shooting a client

THE LAWYER'S WEEK FROM HELL:

All lawyers have the week from hell. You know the cliche "when it rains it pours" well as attorneys we know what it feels like to  get drenched from torrential downpour. A good many of us have survived quite a few rain storms and then there are the days when it seems nothing can go right. Oh, sure you know the day; you forget to watch the news or the weather report, thus are completely unprepared for the rainy day ahead. Of course, you also forget to wear your slicker or rain coat; you leave your rain-boots and your umbrella at home as you head to your law office.

This is not just any ordinary day of rain, the rain appears to blow horizontally, it refuses to let up, it is one of those rain storms that combined with the blowing of the wind at speeds just below what is necessary for the national weather service to issue a tornado watch, warning, a low category hurricane quickly gaining speed and power certain to reach a cat 5 before your day of legal services comes to an end. The golf ball, no make that baseball sized hail pounding down onto the roof of your new BMW, destroying the rooftop of your law firm, an all and out blizzard.

It is just one of those days you wish you would have stayed home. No, but not you, the dedicated lawyer, defender of the underdog, champion of the little guy who is being sued by a major cooperation, litigant for the small child struck by a drunk driver , who just happened to be driving a major corporation 18 wheeler, you know the likes of Pepsi or Coca Cola. You would never let a little or big in this case rain storm keep you from your duties as a lawyer. This is what you worked your entire life for, why you spent three grueling years in law school just to graduate and begin the daunting task of mastering every single area of law including those you have no interest in and are certain you will never practice. You spent countless months, days and hours, seemingly without a social life, ignoring your family and friends, neglecting all other responsibilities in your life so you could finally sit for the much anticipated and even dreaded two or five day bar exam (depending on whether you take the Louisiana bar or the Bar exam given to the rest of the United States).

When you received your passing score in the mail and you cautiously celebrated, knowing you still had to secure a decent paying job so you could begin the life long task of paying back your law school student loans, thinking to yourself, "if I work every day until I am eighty-eight and never think of retiring I may still never be able to completely pay off these loans. It was all worth it though, wasn't it? You know it was the day you were sworn in and stood before the highest court of your state. Your family beaming with pride as you shook the hand of the Chief Justice and received your certificate with bold letters announcing to the world that you John Q. Lawyer are hereby recognized as a practicing attorney in the state of (your choice) signed by the members of the current Supreme court.

As you hold your certificate that distinguishes you from the 40 -60% of the other law school grads who also took the exam, but were not as fortunate as you, who will have to begin the process all over again in just a few months in hopes of passing on their second attempt, your only thought now is how large you will frame this impressive document and exactly where you will hang it in your new office.

You are ready to take on the world. You will be an upstanding lawyer, refusing to turn away any case, refusing to lend your name to the horrific lawyer jokes told in between the used car sales men jokes and telemarketer jokes.

Having said that: We have all had a bad day. All lawyers have had a bad week, the kind where our overpaid secretary inconveniently overbooked us to the point of needing to be a magician to make it to every scheduled court appearance, deposition, house closing, pre trial conference  not to mention meet with the 99 clients she scheduled for us to meet with during our free time, our lunch break, before and after our office operating hours. We are dedicated though and we will get it all done and not miss a single deadline or prescription date (statute of limitations) on a brief or writ that is due with an appellate court or worse the Supreme Court. We have such high hopes and good intentions.....

THAT IS UNTIL WE WALK IN OUR OFFICE TO SEE THE 25 UNSCHEDULED CLIENTS WAITING IMPATIENTLY TO SEE US, TO DEMAND THAT WE TAKE ON THEIR MOST UNREASONABLE CASE;

Borrowed from renowned Attorney "ADRIAN M. BARON

I returned to the office exhausted only to find a gaggle of
unscheduled appointments waiting for me. Imagine a group of
insane asylum inmates hijacking a bus after drinking a
cocktail of espresso, Red Bull, and crack. Now imagine that
group taking the bus to your office.

 

Please read on for more true to life WEEK FROM HELL Lawyers expeience, in this informative yet humorous article written by  Adrian Baron, a partner in the  New Brittain Office of Podorowsky, Thompson & Baron. After reading this article, if you see where the author is coming from , Bonus pointd for you. I am certain you will want to know more about this comical author who is truly an excellent authorative on many legal issues,

The author of this article has been noted in this post. With the permission of the techno lawyer blog I am re-printing potions of this "NOT TO BE MISSED READING"

SYNOPSIS

"I'm a lawyer, not a psychiatrist!" Have you ever wanted to
say this to one of your clients? Join lawyer and humorist
Adrian Baron on a trip down memory lane as he rediscovers
why practicing law is a worthwhile endeavor notwithstanding
the workload, stress, and occasional nut-job seeking
counsel. We recommend reading this TechnoFeature article
with a glass of champagne. This article contains 1,134
words.


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IS THOU TALKING TO ME?

On my office wall, I have a photo from the day I was sworn
in as an attorney. Standing in my new suit, I am beaming
with joy as I shake the hand of the Chief Justice. I have
this wide eyed look on my face as if I had just met Mickey
Mantle, Eddie Van Halen, and Santa Claus all at once.

I had made it through law school, passed the bar, and stood
poised to defend the Constitution. The knot of my tie is
askew as I had not yet mastered the technique that would
soon become my daily routine. I remember the pride in my
mother's face and wishing my late grandfather could have
been there to share the moment. I had worn his cuff links to
mark the occasion. For my father, if I couldn't play
centerfield for the Yankees, becoming an attorney was the
next best thing.

The Chief Justice was approaching his retirement and wanted
to impart some wisdom on this current crop of barristers. In
his closing remarks, he suggested we pop open a bottle of
champagne to mark our entrance into an exclusive and noble
profession. He warned that there would be days our newfound
responsibilities could wear us down.

"Save the cork from the bottle and take it out from time to
time to remember this day. It can help you through the
trying days."

At the time, I didn't pay much heed to his words. Trying
days? Are you kidding me? I just finished law school and
passed the grueling bar exam. When do I get my BMW?


THE PAPER CHASE TRULY BEGINS

In the end, I did follow the judge's suggestion. I saved the
cork from the champagne bottle and threw it in my office
desk amidst a clutter of paper clips, notepads and aspirin.
For the most part I forgot about the cork as it traveled
deeper into the uncharted recesses of my desk.

As time wore on, I thought less of my swearing in ceremony
and more about billable hours. There never seemed to be
enough hours in the day. As I worked on building my law
practice, I began missing the important things in life.
Birthdays, family outings and even my three year old nephew'
s first soccer game fell by the wayside. Who was playing
first base for the Yanks? What new movies were out? When did
my "weekend" clothes go out of style?

There were more than a few days where the stress of the job
wore me thin. Deadlines, court appearances, bills,
curmudgeonly clients ... it was enough to drive anyone
crazy.

As a new attorney, I made the mistake of taking every case
personally. If a client was facing jail time, I spent the
night worrying about how the client and his family would
handle incarceration. If I did an immigration case, I
worried that the slightest mistake could lead to a family
being deported and lives would be ruined. If I defended a
speeding ticket for a relative, I wondered how their
insurance rates would be affected. How could I attend family
outings if Uncle Frank's insurance rates went up? I was
always exhausted after work, especially on days with court
appearances.


THE WEEK FROM HELL

As many attorneys can attest, sometimes you just have a week
from hell. I remember one particular week that was crammed
with motion deadlines, depositions, hearings, and client
appointments. One rain soaked Monday had me at an early
morning immigration hearing, followed by two criminal
pretrials, an afternoon divorce status conference and a late
residential closing.

I returned to the office exhausted only to find a gaggle of
unscheduled appointments waiting for me. Imagine a group of
insane asylum inmates hijacking a bus after drinking a
cocktail of espresso, Red Bull, and crack. Now imagine that
group taking the bus to your office.

The first up to bat was an irate man (let's call him Moe)
who demanded my firm take his case or else he would have no
choice but to report us to the local newspaper. Moe wanted
to sue his boss for slander. Apparently pimple faced "Corey"
the night manager called him a "slacker" in front of "Corey"
the fry cook.

The second visitor (let's call him Larry) wanted to legally
change his last name to "Budweiser" to sue the beer behemoth
for millions of dollars for name infringement.

The third guy (let's call him Curly) dragged his elderly
mother into the office with him. He convinced the poor woman
that she should sue his father for child support. Mind you
Curly was 48 and still lived in his mother's basement. His
parents divorced during the Reagan years.

Wonderful. The bases were loaded. Batting cleanup ... my
beloved family.

Cousin "Shemp" felt that our bloodlines entitled him to
endless accommodation work. He was uncle "Curly Joe's" kid
and often felt that the world was conspiring to get him. The
kind of guy that would make sure their were actually two
scoops of raisins in his box of Raisin Bran. Shemp had
resolved to sue his neighbor because of the perceived
lopsided way the poor man mowed his lawn. Surely this was
the cause of the decreased value of Shemp's property and not
the rusty Lincoln Continental on cinder blocks in his
driveway.


UNCORKING THOSE WORDS OF WISDOM

What happened to defending the constitution? When did my
life become an endless Saturday Night Live skit?" Why had
the stars aligned against me? My eye started to twitch. I
politely excused myself, mumbled something about Dick
Cheney, and began searching for the civil war musket we had
as evidence from one of our uncivil litigation matters.

As I ransacked my desk looking for something to load the
musket with, I stumbled across the champagne cork from my
swearing in ceremony. The faint smell of the cork
immediately brought me back to that happy day. I realized
that I was lucky to be in a position to help these people,
no matter how nutty they were.

For every nightmare client, I had twenty appreciative ones.
People who turned to me for help and were grateful for doing
so. I regained a little of that magic from my first day as a
lawyer. That wonderful anxiety of what it would be like to
practice law. I put down the musket and pulled out a legal
pad. "OK, who's next?"

(Obviously, I would never shoot a client with a musket. As
an attorney, I consider myself a civilized member of
society. The proper method would be to challenge the client
to a duel after a spot of tea. More socially conscious
lawyers might also consider pushing the client into the
shark tank of your favorite local aquarium).

Respond to this TechnoFeature:
mailto:[email protected]


ABOUT ADRIAN M. BARON

Attorney Adrian Mark Baron is a partner in the New Britain
officeof Podorowsky Thompson & Baron
<http://www.ptblegal.com> where he practices in a variety of
legal areas including criminal defense, civil litigation,
commercial and residential real estate transactions, family
law, and immigration. Attorney Baron received his Juris
Doctorate from the Pace University School of Law (2004)
where he served on the Honor Board and as a founding
president of the Barrister's Guild.

Contact Adrian:
E: mailto:[email protected]
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Please vist Adrian M. Baron at his law Firm's web-site

http://www.ptblegal.com

Many thanks to Adrian Baron for bringing the week from hell into proper prospective for the rest of us drowned rat lawyers coming in out of the rain ready to shoot our clients

 

State by state-Law on recording a phone conversation

This follows my last post, "Cool Techno-Gadgets"

In all 50 states and through federal law, it's considered illegal to record telephone conversations outside of one party consent. There are a couple of exceptions. In the state of

California

, one party consent can be applied only under circumstances in which one party is involved in criminal activity which would include extortion or blackmail. In the state of

Arizona

, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved. Other than those two known exceptions, all other recordings outside of those states that permit one party consent are a violation of state and federal law. The question is often asked by clients if they can record the telephone conversations of their spouse in a domestic case or the conversations of their children concerning drug usage. In both of these cases, the answer is it's unlawful. Many clients will complain that they own the telephone and pay the telephone bill so they should therefore have a right to record what they want. However, the law doesn't address who owns the phone nor who pays the phone bill. It only addresses the use of one party and all party consent. Anything outside of that is a violation of state law and federal wiretapping law.

The Federal Communications Commission goes further into details on recording telephone conversations and states that the party recording must give verbal notification before the recording and that there must be a beep tone on the line to indicate that the line is being recorded.

Business Recordings
Federal law permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business. When the content of the telephone conversation is of a personal nature, the monitoring must stop. In those cases of two party consent states, this exemption may be voided.

Calls Crossing State Lines
Calls that cross state lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn't violate the law in the one party consent state and violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply. The most famous case involving this type of issue is the

Linda

Trip

case. You will recall that

Linda

Trip

recorded the telephone conversations of

Monica

Lewinski

concerning her relationship with

President

Clinton

. Trip was in

Maryland

and Lewinski was in DC. Note that

Maryland

is an all party consent state while DC is a one party consent state. The law is actually quite fuzzy on these issues. The recorder is advised to assume that the sticker law would apply.

Cell Phones And Wireless Phones
Cell and wireless telephones transmit conversation through the air like a radio does. You hear old stories of spying using scanners locked onto a wireless telephone frequency with an attached voice activated tape recorder connected to it to eavesdrop on the conversation. Until certainly, the laws concerning this activity was fuzzy. However, federal law now makes it illegal to record both wireless and cell phone conversations outside of one party consent. You used to be able to go into places like Radio Shack and purchase scanners that would lock onto the frequencies needed to pick up wireless and cell phone conversations. These scanners are now illegal to sell or be in possession of.

STATE-BY-STATE ALPHABETICAL LIST Alabama - One Party Alaska - One Party Arkansas - One Party California - All Party Colorado - One Party Connecticut - All Party Delaware - All Party District of Columbia - One Party Florida - All Party Georgia - One Party Hawaii - One Party Idaho - One Party Illinois - All Party Indiana - One Party Iowa - One Party Kansas - One Party Kentucky - One Party Louisiana - One Party Maine - One Party Maryland - All Party Massachusetts - All Party Michigan - All Party Minnesota - One Party Mississippi - One Party Missouri - One Party Montana - All Party Nebraska - One Party Nevada - One Party New Hampshire - All Party New Jersey - One Party New Mexico - One Party New York - One Party North Carolina - One Party North Dakota - One Party Ohio - One Party Oklahoma - One Party Oregon - One Party Pennsylvania - All Party Rhode Island - One Party South Carolina - One Party South Dakota - One Party Tennessee - One Party Texas - One Party Utah - One Party Vermont - One Party Virginia - One Party Washington - All Party West Virginia - One Party Wisconsin - One Party Wyoming - One Par

In all 50 states and through federal law, it's considered illegal to record telephone conversations outside of one party consent. There are a couple of exceptions. In the state of

California

, one party consent can be applied only under circumstances in which one party is involved in criminal activity which would include extortion or blackmail. In the state of

Arizona

, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved. Other than those two known exceptions, all other recordings outside of those states that permit one party consent are a violation of state and federal law. The question is often asked by clients if they can record the telephone conversations of their spouse in a domestic case or the conversations of their children concerning drug usage. In both of these cases, the answer is it's unlawful. Many clients will complain that they own the telephone and pay the telephone bill so they should therefore have a right to record what they want. However, the law doesn't address who owns the phone nor who pays the phone bill. It only addresses the use of one party and all party consent. Anything outside of that is a violation of state law and federal wiretapping law.

The Federal Communications Commission goes further into details on recording telephone conversations and states that the party recording must give verbal notification before the recording and that there must be a beep tone on the line to indicate that the line is being recorded.

Business Recordings
Federal law permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business. When the content of the telephone conversation is of a personal nature, the monitoring must stop. In those cases of two party consent states, this exemption may be voided.

Calls Crossing State Lines
Calls that cross state lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn't violate the law in the one party consent state and violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply. The most famous case involving this type of issue is the

Linda

Trip

case. You will recall that

Linda

Trip

recorded the telephone conversations of

Monica

Lewinski

concerning her relationship with

President

Clinton

. Trip was in

Maryland

and Lewinski was in DC. Note that

Maryland

is an all party consent state while DC is a one party consent state. The law is actually quite fuzzy on these issues. The recorder is advised to assume that the sticker law would apply.

Cell Phones And Wireless Phones
Cell and wireless telephones transmit conversation through the air like a radio does. You hear old stories of spying using scanners locked onto a wireless telephone frequency with an attached voice activated tape recorder connected to it to eavesdrop on the conversation. Until certainly, the laws concerning this activity was fuzzy. However, federal law now makes it illegal to record both wireless and cell phone conversations outside of one party consent. You used to be able to go into places like Radio Shack and purchase scanners that would lock onto the frequencies needed to pick up wireless and cell phone conversations. These scanners are now illegal to sell or be in possession of.

STATE-BY-STATE ALPHABETICAL LIST Alabama - One Party Alaska - One Party Arkansas - One Party California - All Party Colorado - One Party Connecticut - All Party Delaware - All Party District of Columbia - One Party Florida - All Party Georgia - One Party Hawaii - One Party Idaho - One Party Illinois - All Party Indiana - One Party Iowa - One Party Kansas - One Party Kentucky - One Party Louisiana - One Party Maine - One Party Maryland - All Party Massachusetts - All Party Michigan - All Party Minnesota - One Party Mississippi - One Party Missouri - One Party Montana - All Party Nebraska - One Party Nevada - One Party New Hampshire - All Party New Jersey - One Party New Mexico - One Party New York - One Party North Carolina - One Party North Dakota - One Party Ohio - One Party Oklahoma - One Party Oregon - One Party Pennsylvania - All Party Rhode Island - One Party South Carolina - One Party South Dakota - One Party Tennessee - One Party Texas - One Party Utah - One Party Vermont - One Party Virginia - One Party Washington - All Party West Virginia - One Party Wisconsin - One Party Wyoming - One Par

COOL-TECHNO-GADGETS

In today's world of fast growing technology, computers, voice recorders, software , smart phones and other gadgets seem to become obsolete so fast they hardly seem worth the price we are quoted today. Our ever steady declining economy does not prompt many of us to invest in toys & gadgets.

However, a growing trend I have notice, not just in the legal arena, but in just about every vocation, occupation or career is the owner or individual doing much of the leg work that used to be farmed out to other agencies. In the legal area, I have noticed a big swing in the way solo practitioners and small law firms are doing business. Besides the revolution of virtual assistants-completely virtual offices, drastically reducing overhead by eliminating the cost of full time employees that normally come all wrapped up in a pretty {pretty expensive, that is} package with a big fat dollar sign bow on top. The package I am referring to is the "benefits" package. Law firms , flying solo are doing it now without a real co-pilot, and completely without a crew, heck we are downsizing so much that some of us do not even have airports for our flying solo adventure.

Think about how much a lawyer saves by using a virtual office, a virtual assistant, a virtual receptionist. We cut out the cost of office rent, expensive salaries, telephone lines, benefit packages, you know, retirement, 401K, employment tax, state labor and unemployment fees, health insurance , all other insurance, paying for employees vacation, sick day, personal days & big fat Christmas Bonuses..

A virtual law office, simply a space you rent when you need to see a client, shared space can run as low as $75-100 bucks a month in mid size cities (cost of course higher in areas like Boston, Chicago,New york), but compare that do what a typical small office in a not so great location cost in a mid size city, anywhere from $1500- 2000 and that is a major cut. Virtual assistants run about $300-500 a month and you do not have to pay for them to be sick or take vacation or offer any benefits. A virtual receptionist@ say Ruby Receptionist runs about $75 a month. Step it up a notch and go with Smart services virtual receptionist, where they not only answer your phone and take messages, but they schedule appointments and many other things. For all that we are still looking at only $200-600 a month.

Who would not want to cut expenses by more than 75%. It is a debate worthy of an entire post. Do you want to really give up a real office? Don't clients expect a personal office with diplomas and law degrees and awards on the wall as opposed to a waiting area looking area in an airport? That's another story for another day.

So we cut out our assistants, paralegals and receptionist. How else can we cut cost? One of the biggest cost for any good criminal defense firm or personal injury or any firm that litigates for that matter is the cost of a private investigator. Having a P.I. on payroll can really add up quickly. So guess what? Yep, you got it. More and more lawyers are shelling out a few bucks (o.k more than a few) on the front end to avoid the big invoices on the tail end. We are purchasing top of the line video and audio surveillance equipment, cameras and all kinds of Spy gadgets. When you start looking at them and what they can do, it is remarkable. It is addictive. It is like playing James Bond pretend.

The items that so expensive, we could only afford the cheap replicas, the top of the line top notch, spy gear are now readily & easily available to all consumers.

While viewing some of the ultra spy website, to gain information on recording devices and the like; I came across a couple of items I thought may be of interest to everyone-anyone. I mean if we can do our own investigative work to cut prices, who is to say our clients won't start doing their own investigative work and delivering it to their lawyer, thus cutting the fee normally paid to the lawyer. The world it -is-a-changing and we are all taking on task we normally would be delegating to others. Hey, we all have to look out for number one right? Right now anyway.

Below are some really cool gadgets, starting with a pen voice recorder. Believe me they are nothing like the static engrossed pens of yesteryear. Check out these sites and techno gadgets.

Please keep in mind that every state has a different law on when it is permissible to record the conversation of another without their consent. Some states, require that all parties to the conversation consent.

Louisiana, however is one of the states that only requires one party to the conversation to consent. Simply put, if you are talking on the telephone to another person, in Louisiana, and you give yourself your consent to record the conversation then you are withing your lawful right to do so. Be careful however if you are recording calls that you are making or receiving and recording are from or to another state, it gets tricky.

Also, it is unlawful to record the conversation of two other individuals, to which you are not a party. You may not do this even , contrary to popular and WRONG belief, even if you both own and pay the bill on the phone you are recording. Remember in the least restrictive states , like Louisiana, at least one party to the recorded conversation must give consent & that consent can be given by you.

Following the favorite gadgets; I am posting a list of the states that require both parties to consent and the states that require only one. Please keep in mind, AS ALWAYS, this is not intended to be a substitute for actual, real legal advise from your attorney.

 

TAPE RECORDER SHOP! LONG PLAY AUDIO RECORDERS AND TELEPHONE RECORDERS Telephone Tape Recorders, Long Play Recorders, Micro Recorders, Desktop Recorders, Recorder Detection, Digital Recorders, Body Audio Recorders, Long Play Recorders, Dialed Number Loggers And Decoders, Lie Detection. Working Writing Pen Recorders, Watch Recorders For Men And Ladies! Special Function Recorders! Combo Combo-Multifunctional Recorders With Digital Cameras And More! New Generation StealthTek 2010! Audio Recorder Renders Other Recorders Obsolete! Smarter, Lighter, Cheaper, Better And With More Memory! Starting At Only $119.99 It's called SteakthTek Audio 2010 because it is very stealth and two years before it's time! Up To 365 Hours Of Recording Time! Automatic Telephone Recording, Cell Phone Recording,1 GB External Memory, Micro SD Card Slot Takes Up To 4 GB Micro SC Card For Expandable Memory. Recorder specifically designed for investigative use and investigative evidence gathering. Top quality high end recording results The Only Recorder You Will Ever Need. Renders like recorders in it's class a thing of the past. Starting at only $119.99 Spy Exchange & Security Center 9513 Burnet Road Suite 101, Austin, Texas 78758 Phone 512-719-3595, Fax 512-719-3594 When In Austin, Texas--Stop By Our Huge Showroom

Shop By Tape Recorder Category New! Watch A Video Presentation Of The New StealthTek 2010 AudioRecorder, Automatic Telephone Recorder! • What's New In Audio Recorders • High Grade Micro Digital Recorders • Long Play Automatic Telephone Recorders • Working Writing Pen Audio Recorders • Watch Audio Recorders/MP3 Players • Combo Digital Audio Recorders • Econo Digital Audio Recorders • Analog Long Play Audio Recorders • Law Enforcement Grade Recorders • Tape Recorders Accessories • Countermeasures TSCM-Telephone Audio Recorder And Tape Recorder Detection  FREE REPORTS AND KNOW-HOW! NEW! HISTORY AND EVOLUTION OF THE AUDIO RECORDER AVOIDING MISTAKES IN THE RECORDED INTERVIEW PROCESS  STATE-BY-STATE LAWS ON COVERTLY RECORDING CONVERSATIONS

PI NoteTaker No Button Stealth Audio Pen! Working Pen With Stealth Audio Recorder! $119.95 The Stealth Pen is a cut way above the run-of-the mill digital recorder pens in the market place today! It looks completely like a regular run-of-the-mill ink pen. However, when you push down the pocket clip on the pen, it starts recording New Generation! 71 Hour Covert Micro/ Keychain Recorder First there were Covert Pen recorders. Now there is a digital audio recorder built into a USB thumb drive for your keychain that features one button audio recording. This unit is very simple and easy to use! Just clip your keys to the Keychain USB recorder and you instantly have audio recording ability anytime you want it. The USB recorder can also be used as a digital storage devise to transfer or capture digital files when you need to by simply inputting the unit into a USB port on any computer. Special! $89.95 StealthTeK 2010 Smart Recorder No Button 7 Hr. Stealth Pen $119.95 New! 36 Hour HotTeK Nano Only $119.95 120 Hr Stealth Pen Recorder $129.95

For a complete list of Private investigater tools and gadgets, visit http://pimall.com

POLLS- ZIMBIO

<a href="http://www.zimbio.com/member/nUrmind2"> <img alt="My Zimbio" title="My Zimbio" src="http://www.zimbio.com/images/badges/badgeBlue.png?u=nUrmind2" border="0" /></a><br/> <a style="margin-top:2px; display:block; font-size:11px; padding-left:10px; color:#244366;" href="http://www.zimbio.com"> Top Stories </a>

Trial Version of SPUDS for on-line interactive TRUMBA Calendar

calendar spud.

calendar spud.

<html><head><title></title></head><body> <div style="width:600px; padding:24px 25px; border:2px solid #516B92; margin-bottom:20px;">
<script type="text/javascript" src="http://www.trumba.com/scripts/spuds.js"></script> <script type="text/javascript">
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{ webName: "trumbaualumni",
  spudType: "main"});
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More Criminal Law Questions

When do the police need a warrant to make an arrest?

As long as the police have good reason (called "probable cause") to believe that a crime has been committed and that the person they want to arrest committed the crime, they can, with just one exception, make an arrest without asking a judge for a warrant.

The exception? There are few places where the adage "a man's home is his castle" still applies, and an arrest at home is one of them. The police must have a warrant to arrest a person at home if the arrest is for a non-serious offense -- such as a simple assault  -- and there is no fear that the person they want to arrest will destroy evidence or cause harm to the public

If I'm arrested, do the police have to "read me my rights"?

No. However, if they start questioning you but haven't read you your rights, they can't use anything you say as direct evidence against you at trial. What are these rights? Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), your rights consist of the familiar litany invoked by TV police immediately upon arresting a suspect: This is somewhat confusing because too many people believe that Just because the police did not read you your rights that anything you say will be excluded from evidence against you. Not exactly true:

There are two requirements that must both exists before Miranda Warnings are necessary

(1) You, or the suspect, the alleged offender, the accused must be in custody.

This in and of itself is confusing, because what exactly does "custody" mean? There have been so many cases {Jurisprudence} on this very topic that it would take a life time to read all of the case law. Bottom line & in a very brief nutshell, a person is in actual police custody for the onset of Miranda to kick in if an average person under the same or similar circumstances would feel that he/she is not free to leave.

Having said that, it is not necessarily a requirement that the accused be

{a} Handcuffed

{b} even @ the police station

{c} you do not have to be under arrest

in fact custody can and has occurred at a person's own home. The courts look @ each case on an individual basis and make the decision of whether a person is "in Custody" for the purposes of Miranda based on the "totality of the circumstances.

Some factorrs to be considered in determining the totality of the circumstances are"

This list is in no way exhaustive:

(1) Did the person voluntarily go to the police station to answer questions- if so less chance of actual custody, however once @ the police station was the person free to leave or free to cease answering questions at anytime, if so then less chance of custody. However given the circumstances would an average reasonable person feel that he was not free to leave , even though he was free to leave? then more likely the courts will hold "in custody"

(2) How Long was the person questioned, was he free to use the restroom, get a soft drink, make phone calls- probably not custody

(3) Did the police give the person the impression that they HAD to come to the police station- then more likely Custody

(4) was the person threatened or intimidated by police, whether the questions occurred on the street, at the police station , or in the persons home? how many police involved, if a large number of uniformed police present and guns drawn- custody

again, I stress, each case much be determined on an individual case by case analysis

THE SECOND PART OF THE TWO PART PRONG

(2) Interrogation

are the police asking questions in an interrogating manner. Or better said, are the questions designed to illicit an incriminating response, if so then this is interrogation, if not and the questions are just basic fact gathering questions such as "what is your name? Where do you live?
Probably not going to be held by a court to rise to the level of interrogation

so you need

custody + interrogation = CUSTODIAL INTERROGATION

WITHOUT THE ABOVE, MIRANDA DOES NOT KICK IN

HOWEVER, ONCE A PERSON UNEQUIVOCALLY ASSERTS HIS 5TH AMENDMENT RIGHT TO NOT ANSWER QUESTIONS, ONCE A PERSON ASSERTS HIS 6TH AMENDMENT RIGHT TO AN ATTORNEY---ALL QUESTIONING MUST IMMEDIATELY STOP AND IF THE POLICE INITIATE QUESTIONING AGAIN, WHATEVER IS SAID IS INADMISSIBLE IN A COURT OF LAW

Of course, just as with every law of criminal procedure there are multitude of exceptions. This is far too extensive of a topic for em to even begin to cover all of it, I am merely sharing the very bare bone minimum basics:

EXCEPTIONS:

(1) If the accused is the one who initiates the resuming of the talk

(2) If the accused is not unequivocal is asserting his rights:

     {a} I want a lawyer......questioning must stop

     {b} I think maybe it would be a good idea if I spoke to an attorney ...not enough to require questioning to stop

NONE OF THE ABOVE OR BELOW INFORMATION IS IN ANY WAY A SUBSTITUTE TO THE URGING THAT IF YOU ARE EVER QUESTIONED BY THE POLICE. ALWAYS ASK FOR A LAWYER AND REFUSE TO SPEAK UNTIL YOUR LAWYER ARRIVES OR UNTIL ONE IS APPOINTED FOR YOU. NO MATTER WHAT THE POLICE SAY, DO, OR PROMISE.

NEVER FORGET THAT THE POLICE ARE PERMITTED BY LAW TO USE TRICKERY TO GET YOU TO TALK

 

• You have the right to remain silent.
• If you do say anything, what you say can and will be used against you in a court of law.
• You have the right to consult with a lawyer and have that lawyer present during any questioning.
• If you cannot afford a lawyer, one will be appointed for you if you so desire.
• If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

It doesn't matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street, or in the middle of an open field: If you are in custody (deprived of your freedom of action in any significant way), the police must give a Miranda warning if they want to question you and use your answers as direct evidence at trial. If you are not in police custody, however, no Miranda warning is required. This exception most often comes up when the police stop someone on the street for questioning about a recent crime and the person blurts out a confession before the police have an opportunity to deliver the warning.

Common Criminal Law & Procedure Questions

What's the best way to assert my right to remain silent if I am being questioned by the police?

If you're taken into custody by the police, you don't have to use any magic words to let police officers know that you want to remain silent. You can simply say nothing in response to police questions. Or, after an officer gives you a Miranda warning, you can stop the questioning by saying something like:

• I want to talk to an attorney.
• I won't say anything until I talk to an attorney.
• I don't have anything to say.
• I don't want to talk to you anymore.
• I claim my Miranda rights.

If the police continue to question you after you have asserted your right to remain silent, they have violated Miranda. As a result, anything you say after that point -- and any evidence gleaned from that conversation -- will not be admissible at your Trial

Will a judge dismiss my case if I was questioned without a Miranda warning?

No. Many people mistakenly believe that a case will be thrown out of court if the police fail to give Miranda warnings to the arrested person. What Miranda actually says is that a warning is necessary if the police interrogate a suspect and want to use any of her responses as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.

In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if you tell the police where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without your statements.

 

WHAT EXACTLY CAN THE POLICE DO TO ME WHEN THEY ARE ASKING ME QUESTIONS? CAN THEY FORCE OR COERCE ME TO GIVE A STATEMENT OR A CONFESSION?

Information that you voluntarily disclose to a police officer (after you have been properly warned) is generally admissible at trial. The key word is "voluntary." Police officers are not allowed to use physical force or psychological coercion to get you to talk to them. The days of the rubber hose, protracted grilling under bright lights, and severe sleep deprivation are pretty much over. If police officers obtain information through any of these illegal means, the information cannot be used by the prosecutor at trial. In addition, under the rule known as "the fruit of the poisonous tree," any evidence that the police obtain as the result of a coerced statement is equally inadmissible.

Defendants often claim that police officers coerced them into talking. And it's just as common for police officers to say that the defendants spoke voluntarily. If the police physically coerce a defendant into talking, the defendant can support his coercion claims with photos of marks and bruises. But actual police brutality is unusual, and a defendant cannot usually offer independent evidence to support his claims of psychological coercion. Judges, believing that defendants have a greater motivation to lie than do police officers, usually side with the police and conclude that no coercion took place.

IF I AM ARRESTED CAN THE POLICE FORCE ME TO GIVE A DNA SAMPLE?

Yes. Many people believe that being required or forced to give bodily samples -- such as blood, hair,saliva or fingernail clippings -- is a violation of the U.S. Constitution's protection against self-incrimination, found in the Fifth Amendment. But the U.S. Supreme Court thinks otherwise. It has ruled that the Fifth Amendment protects communications only, and that bodily samples are physical evidence and therefore not covered by the protection against self-incrimination

SOLO PARACTICE UNIVERSITY- LAW PRACTICE FOR PRACTICING LAWYERS

..........A NEW SCHOOL FOR PRACTICING ATTORNEYS -SOLO PRACTICE UNIVERSITY

........law practice for practicing lawyers

....... A unique new place for lawyers, built by lawyers

While I am sure many of you are saying to yourselves right about now, " What? More School? Is this Lady Crazy? Who wants more school? Not a lawyer, right. Certainly not a recent law school grad who has just endured the grueling , & physical & emotional draining of the Bar Examination"

Think about it, think back to Law School. Unless it has changed considerably since I was in school, Law school teaches old case law, logic,& how to one day hopefully solve legal problems. In a nut Shell Law School is designed to reprogram you. Reprogram how we think & how we write.

 How many of you had a professor in law school who said this: "I want you to  forget everything you have learned up till now about  how you learn and I want you to completely forget how you were taught to write?"

 You know the Prof., the one who said that , did so just after he said " LOOK TO YOUR LEFT, NOW LOOK TO YOUR RIGHT. GOOD, GET A GOOD LOOK, BECAUSE CHANCES ARE YOU WILL NEVER SEE THESE PEOPLE AGAIN, NOT AFTER THE FIRST SEMESTER, BECAUSE TWO OF YOU WILL NOT BE HERE." And we all knew what he meant. Two out of every three were expected to flunk out, not make the cut. I am sure this was designed to scare the hell out of us. Me, I was already scared to death.

 I was the very first Sacrifice in Prof. Rooney's Property class, meaning that on the very first day of class, I was the lucky chic called upon by the Prof. Those of you who attended a law school that used the Socratic method of teaching can surely understand the humility I was put through for over 25 minutes as I stood in the class and answered questions about some Year 1800 case; the facts, the issue, the courts holding. Did I agree with it? If I did then you could bet the teacher did not and vice verse. No canned briefs of caw notes allowed in this class. 

 Professor Rooney was very bright. He never missed a chance to remind us the he graduated number 2 from his Harvard Law School class; Ralph Nader was number one.

Here I am some 25 years later. I can still spit off the definition of the "Rule against perpetuates" I still cannot tell you what that definition means. I can however tell you this:

There was not one single class in law school that taught us how to actually be a lawyer, certainly not a trial lawyer; not how to go out and get clients or how to keep them happy. In a nut shell again, Law School does not teach us how to be a good lawyer. Our skills and technique are unique to each of us and they are developed over years of practice, yes that is right, PRACTICE. PRACTICING LAW.

You cannot learn it from a lecture. You have to learn it from hands on experience. It is trial and error and the more you do something, anything, the better you get at it.

The one thing I did not have when I first started practicing law, but that we all have the opportunity to take advantage of now is the benefit and wisdom of some of the very best, the elite , the creme de la creme, the instructors at the newly launched Solo Practice University. SPU does not just benefit new law school graduates; it offers a wealth of experience and knowledge to those of us who have left the comfort of the corporate world, of the mega Law Firms, of the Government guaranteed pay Check, to do what many of us have only dreamed of- to open our own firm, to hang our shingle, to work for ourselves, to  FLY SOLO.

A NEW SCHOOL FOR PRACTICING ATTORNEYS

SOLO PRACTICE UNIVERSITY  OR JUST PLAIN SPU. YEP, I GO TO SPU AND I LOVE IT.

     I have been following Consultant, Susan Cartier Liebel on line for as long as I have been following Blogs.. Admittedly I am a late bloomer when it comes to Legal Blogging or "Blawging", but once I started, it did not take long for me to catch the BIOG FEVER. I owe this to Susan. Her excellent Blog "BUlLD A SOLO PRACTICE was (is) my inspiration. It was (is) also the very first place on the Internet that I turn to for help, advice, information, ideas, suggestions, and links to other great Blogs now that I have my own wings; now that I left my cushy paycheck job to Hang my Shingle and Fly Solo.

 Thanks to Susan and now to SPU I am soaring my wings and enjoying my flight~~~~which is after all, what it is all about.

My all time favorite legal blog and probably what keeps me tap tap tapping away on the computer board and chip, chip, chipping away at my private practice belongs to Susan Liebel Cartier, She kept me inspired as I learned (still learning) to blog and as I quenched my endless thirst for knowledge.

I am pleased to announce that my long (but well worth it) wait for Susan Cartier's launching of the web based educational community and networking community forum for lawyers and law students is well under way and it is a big hit.

Susan Cartier Liebel founder of Solo Practice University has launched us into the future of legal practice. SPU is the new highway for the practice of law for solo practitioners. So if life is a highway and SPU is the new highway: Get your motor running, get out on the highway....

I have enrolled as a student and I could not be more pleased or impressed with the on line program, the faculty, the available courses and the community groups.

Susan and co-founder Dave Carson said it best " This is a unique community for lawyers built by lawyers, because well, we kinda 'get' solo lawyers"

To read more about Susan or to get hooked on her informative and interesting blog, please visit her @ http://www.buildasolopractice.soloparacticeuniversity.com

There are far too many excellent and reputable staff members for me to name them all in this post. I do however, feel compelled to mention a couple of the elite. I am sure I will have more to add and comment on once I get busy with my courses and get to know my instructors.

Another author of one of my favorite blogs, Arnie Hertz, author of "Legal Sanity" has joined SPU faculty and is teaching a course called "Legal Sanity Career Strategies: Work Smart Live Free"

To read more about Arnie Hertz or to just join is the heated debate on whether a solo should find a niche and stick to or spread their wings thin and practice the kitchen sink approach to law, you will find his blog interesting and a pleasure to read. Please visit http://www.legalsanity.com

And another notable author, Jay Foonberg, author of the Best Seller, " How to Start and build a Law Practice" THE BOOK as many of us solos refer to it, and often referred to as the 'Bible for new solos" has joined the SPU faculty. He is teaching more than one course so I will just comment on the course I am currently enrolled in. Let me just add that I live by this mans books. I am never without my torn, worn, written it, highlighted book "how to start and build a law practice. If you do not already own this book and you want to succeed in your own law practice, go to www.foonberglaw.comor you can make your puchase from the American Bar Association, where members get quite a big discount at www.abanet.orgwherever you go, just go and buy a new copy of this book. It is worth the extra few bucks to purchase it new. You will want to earmark your own spots and you will need all the white space to take your own notes, It is well worth the cost and it is a resourse book that you will actually use and use ona regular if not daily basis.

Foonberg is teaching as his first course "Client Relations 101: teaching lawyers how to improve client relations" This course is based on his "Nine Steps to a Successful Law Practice" Now, who among us cannot use a course or a refresher course in client relations? Think about it? first of all what is the number one reason clients make complaints about theirr attorneys the the disciplinary committee? Yes, You guessed it. Lawyers not having enough contact with theirr clients or the contact not providing the clients with sufficient information about the status of ther case. Of course none of us want t be reported to the bar, but that is putting the cart before the horse. Before we can have a client Rupert us, we have to know how to go out there and get clients. Without clients, we do not have a law practice. This Course will not only help layers learn how to get clients, but how to make them happy, keep them coming back and better yet, get our clients to refer us more clients. Of course while learning how to keep our clients happy we will simultaneously be covering our behinds and avoiding those dreaded bar complaints.

For more information about Jay Foonberg or to order one of his many best selling books, or to order the books he has available at the American Bars association, please visit Jay's website.

www.foonberglaw.com

Find out for yourself what SPU is all about, what all the hoop-lah is. Read what students have to say: Like, Glenn a current student writes

"You have injected new enthusiasm into my veins" I love that one. Glenn would do well writing novels, he certainly has a way with words that grab us and hook us from the start.

"...SPU is like a Giant Candy Store..." ~~Karen Holmes

I could go on & on, but this is one place you have to visit  and witness for yourself; to appreciate all that it has to offer.

The originality alone is remarkable and there is nothing else like this.

LAW PRACTICE FOR PRACTICING LAWYERS...WHO WOULD HAVE THOUGHT

THE JURY IS BACK, THE VERDICT IS IN, IT I UNANIMOUS: SOLO PRACTICE UNIVERSITY IS A HIT AND WITH THE TOPNOTCH FACULTY AND THE COMMUNITY GROUPS, I BELIEVE IT IS THE REAL DEAL AND THIS LAW SCHOOL IS HERE TO STAY.

SUSAN CARTIER LIEBEL & DAVE CARSON HAVE PROVEN BEYOND A REASONABLE DOUBT THAT LAWYERS ARE NOT ALL SHARKS AND A GREAT NUMBER OF US WANT TO LEARN MORE ABOUT HELPING CLIENTS AND DOING IT WELL AND A GREAT NUMBER OF EXPERIENCED AND SEASONED LAWYERS HAVE VOLUNTEERED A VAST MAJORITY OF THEIR TIME TO MAKE THE TRANSITION TO SOLO PRACTICE SMOOTH FOR THE LAWYERS AND BENEFICIAL FOR THE CLIENTS.

I do believe SPU, just may be the answer to save us from the tiresome, overused and worn out lawyer jokes. So those of you who just have to poke fun at professionals, it is time to start refreshing your memory with your used car salesmen jokes. Our profession, our noble profession just moved up several notches. We are a people serving group, a problem solving group. And as you can see we have pulled together for the greater good of the the lawyers and the public.

I am delighted to be on my own in private practice. I began my solo practice just two years ago. I can only imagine the heights to which i will fly with he help of SPU. If only they had been around when i first hung my shingle, i would probably be soaring so high I would be with the eagles, or as my darling paralegal loves to refer to herself and our law firm, the legal beagleand the paralegal-eagles.

I am flying solo and i could not be more content. I am now in the unique position of offering my clients all of the outside and above the call of duty help and counseling that they want, need and deserve. Something I was always prevented from doing when I worked for big conglomerates. the big guys never had time for the people. When we as lawyers, get too big for our britches that we cannot spare extra time and go that one step further for a client, well, then, we kinda don 'get' what the practice of law is all about.

My new creed: Let me never forget that I took an oath to work in profession designed to serve the people and their needs. If I ever forget that and begin to act like a fat-cat big-shot attorney, someone e-mail me this post and knock my ass down a notch or two or more....

I do believe, however that as long as I stay connected to SPU, the values, moral, and ethics of the greatest lawyers around will forever remain with me and as a part of my soul.

Thank you Susan for the opportunity to fly solo and......to soar...... fly high.....

For more information on Solo Practice University, the faculty, the available courses, the mission, the purpose, the tuition, enrollment policy, take  minute now, do not put it off until tomorrow and look into this true wave of our future,

Check out "LAW PRACTICE FOR PRACTICING LAWYERS'

go to www.solopracticeuniversity.comyou will not be disappointed, there truly is something available and helpful to all attorneys and staff.

 

Change

When we are no longer able to change a situation, we are challenged to change ourselves.  ~Victor Frankl

OVERZEALOUS SCHOOL OFFICIALS TAKE STRIP SEARCH TOO FAR

Dear ACLU Supporter,

When Savana Redding was just 13 years old, she was strip-searched by school officials for allegedly possessing prescription-strength ibuprofen. This traumatizing search was based solely on the false and uncorroborated accusation of a classmate who was caught with similar pills.
 
Overzealous school officials violated Savana's rights and called into question basic constitutional protections for all students in schools across America.
 
This morning, the Supreme Court heard arguments from ACLU attorney Adam Wolf in this powerful case.

Savana and her mother, April, recorded a short video with Graham Boyd, an attorney here at the ACLU who is working with them. I think you’ll find it moving to meet a real hero who’s taken her case to the Supreme Court.

Please watch this powerful video, and send a message of support to Savana and her mother.

Watch the video to learn more about this incredibly powerful story. Then, please take a moment to send Savana a note of encouragement.

It offends both common sense and the Constitution to undertake such an excessive, humiliating search based on nothing more than an uncorroborated accusation.

We hope the Supreme Court will recognize that such violations have no place in America’s schools and will act to protect the privacy of all children.

Savana Redding and her mother have endured a lot in the past six years to bring their case this far -- they deserve our respect and our thanks. Please take a minute to write a message of support. It will be included with messages from ACLU supporters all across the country and presented to Savana and her mother in the weeks ahead.

Without people like Savana and April willing to walk into court to defend their rights, much of the ACLU's work would not be possible. We owe them more than our admiration. We owe them a debt of gratitude.

I hope you'll listen to their story and share your message today.

Thank you for supporting this fight. 
 
Sincerely,



Anthony D. Romero
Executive Director
ACLU

I am Back & will update all post on a regular basis

Hello everyone. I am glad to finally be back to my very "novice" Blog. Some of you may have noticed that I have been MIA for a while. I have read your comments asking me to complete many of the post I began and I fully intend to do just that. Beginning this week with my follow up to "Virtual assistants" as promised I researched the top five and I have happily chosen one for my own law firm and will post the pros and cons of each this week.

In addition, I noticed that many of you showed great interest the first part of my article on In "Emotional Affairs" and as promised I will conclude my findings and my poll this week.

I am currently in New Orleans catching up on my much need C.L.E. hours. It is hard to find time for the hours when you run a solo practice, but believe me this is when we need to make sure we keep current on the law , more than ever.

As soon as I finish my hours I intend to complete all post I began and then I intend to post information and my personal experience to something new and quite unique for solo firms.

I recently enrolled ( after eagerly waiting for the program to get up and running) in an on line class, well it is more like a law school for lawyers.

IT IS CALLED SOLO PRACTICE UNIVERSITY, and I cannot stress the benefits of enrollment in this program. Many of the classes have already started, but do not let that hinder you; you can play catch up with live video taped classes. Many classes are still TBA. The faculty is amazing and includes many of the experienced attorneys whose books I already read and use everyday in my practice.

Tomorrow before I head off to my seminar I will publish the link to this amazing, cutting edge program that will benefit not just new attorneys, but all solos and even veteran attorneys and all of you who are contemplating flying solo

Until tomorrow. Goodnight...and I am really enjoying this flight, flying solo that is, and now that I have the support and knowledge of such amazing lawyers at the click of my mouse, I can only see my solo flight soaring higher and higher

 

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SUPREME COURT UPDATE

Harbison v.  Bell , Warden

No. 07-8521

 

In reversing a 6^th Circuit opinion, the U.S. Supreme Court has found that a certificate of appealability is not required to appeal a denial of federally appointed counsel, and that federally appointed counsel may represent clients in state clemency proceedings and be compensated for that representation.  Following  Tennessee state courts’ rejection of Petitioner’s conviction and death penalty challenges, a federal public defender had been appointed to represent him in a habeas petition.  Upon denial of that petition, counsel sought to continue representing Petitioner in state clemency proceedings since  Tennessee does not provide counsel for such proceedings.   The District Court had denied the motion, and the 6^thCircuit had affirmed. 

 

For a copy of the slip opinion, see:  http://www.supremec ourtus.gov/ opinions/ 08pdf/07- 8521.pdf.

 

For More updates visit us @ www.sugarlawfirm4u.com

FAMILY LAW- FRIDAY

FRIENDSHIP VS EMOTIONAL AFFAIR

When does an innocent friendship with a member of the opposite sex cross the line?

Do you know someone who is having an Emotional Affair?

Could you be having an Emotional Affair?

Here are some guidelines to determine if you or your spouse is involved in an inappropriate relationship:

_______________________________________________________________________________

    It's Friday night.  Are you home with your spouse or dining with your significant other; or are you working late again?  Perhaps brainstorming over cocktails with the hottie from human resources?  You're not doing anything wrong.  Right?  I mean you are flirting just a little bit, but hey you are human and if this was wrong you certainly would not be flaunting it out in the open at one of the trendiest nightspots in town; hell half the people in the place know both you and your spouse.

     That is the biggest bailout for emotional infidelity.  We are not having sex so there is nothing wrong with what I am doing.  Wrong! An emotional affair that never leads to physical intimacy is just as damaging to a marriage as sleeping with your wife's best friend.  Sometimes an emotional affair can actually  cause more damage to a marriage.  The victims of emotional infidelity agree with victims of a physical affair in one aspect.  It is not so much the actual cheating that kills the relationship as it is the betrayal, the lies, secrets, loss of trust.

     Divorce is on the rise, but now there is a new {perhaps not so new, but much more openly discussed} Demon that is tearing couples apart.  No, it is not the ole cheating son of a bitch, or the drunken wife beater or even the sorry ass gambler who loses his families life savings at the casino; it is a friend.

     Or is it a friend?

    

When does friendship cross the line?

FRIENDSHIP   VERSUS   EMOTIONAL AFFAIR

Friendships = necessary      Emotional Affairs = nuclear, toxic

GUIDELINES:

1. Feelings of attraction...feelings for your friend are strictly platonic; imagining what it would feel like to kiss your friend is toxic
2. Sharing details of your marriage...Friends are supportive, but are careful not to violate the confidences of a marriage...friendship is turning toxic and leading towards an emotional affair when the spouse confides private intimate matters with the friend this is a betrayal of the spouses trust
3. Secrets...Friends do not have intimate secrets with members of the opposite sex that they cannot share with their spouse.  A friendship is turning toxic when you begin to lie to your spouse about the amount of time you spend with your friend

Here are some warning signs that should alert you that your significant other is having an inappropriate relationship, an emotional affair, which may or may not eventually lead to a physical affair.

• He does not share

  his emotions with you anymore
• He spends less time at home and more time with a co-worker or a friend from the gym or the library, etc

 

• His eyes light up around this friend, or his voice changes when he is in her presence
• He picks fights with you and uses the argument as an excuse to leave the house @ night
• abnormal or unusual text messaging
• Deleting his incoming and outgoing text messages, hiding or locking his cell phone
• Becomes particular about his "privacy" as it relates to his e-mail, he may even change his e-mail password or open a new secret e-mail account.  Most people involved in emotional affairs have their most intimate moments while talking on a cell phone or via text messages or e-mail

In todays world of advanced technology emotional affairs have more than tripled.  Most people who are having an emotional affair are aware that their action is wrong but they justify it by convincing themselves and others that the behavior is not inappropriate because they are not having sex.

A person is having an emotional affair if they have to ask them- self " is this cheating?" or "would I be pissed off if my husband was doing this?"

Stay tuned for part two:  Top ten ways to avoid an emotional affair & I will report real comments from 6 men who had emotional affairs and six women who admitted the same.  I will also post the reaction that spouses and significant others had when they learned of the emotional infidelity...... Stop back by tomorrow for the mind blowing conclusion to this controversial relationship issue of the tech-no-years

SO THESE ARE THE DAYS OF OUR WEEK

Lately my post have been sporadic at best.  A friend pointed out that I only seem to write about Criminal Law and that was not my intent when I began this amateur blog; hence the name Legal news and mommy views.  So I have come up with this little system to keep me on track and keep me posting every day.  I'm going to try it on for size.

MONDAY:  Manic Monday-Mommy & Me Post

TUESDAY:  Two for Tuesday.  Two Post, both legal, but different issues

WEDNESDAY:   Wacky Wednesday Hump day.  Middle of the week will bring my attempt to middle my life.  I'll write about the balance or unbalance of Lawyer Vs. Mommy.

THURSDAY:  Trials and Tribulations

FRIDAY:  Family Law

SATURDAY:  Sons & Daughters

SUNDAY:  SNIPPETS...Hodgepodge, variety, poems, stories, quotes, favorites, or maybe just silence

TypePad - QuickPost

TypePad - QuickPost.

Part 2 Secure e-mail

PART 11: SECURE E-MAIL

I KNOW I WAS SUPPOSED TO POST A BLOG OF Jan 11, 2008 ABOUT HOW TO SECURE YOUR E-MAILS, BUT UNFORTUNATELY WITH WORK, KIDS AND YES MY BIRTHDAY (AM I 27 OR 39 CAN'T DECIDE YET) I DID NOT GET A CHANCE TO UPDATE & WHILE LOOKING @ MY PREVIOUS POST I REALIZED THAT WHAT SO OFTEN HAPPENS THE END WAS CUT OFF SO NOW I NEED TO GO BACK AND ADD THE FEW DETAILS LEFT OFF, BUT IN AN EFFORT TO KEEP UP I WILL MAKE A SHORT POST TODAY ABOUT SECURE E-MAILS

This post is a continuation of a post about how electronic communication, IE: I-phones, cell phones e-mail , computers, My Space, Face-book, computers, credit card machines and the like can & will get you in hot water if you are accused of a crime or if you are involved in a divorce, child custody, visitation case etc:  This is a short post and I will follow up.  The sole purpose is to provide information on the two best secure e-mails I have discovered during my intense & thorough research of e-mail.

If you are wondering why the world of lawyers is so interested in this topic, just take a look @ "Who is Elliot Spizer" if by chance you do not follow the news or print media.

I have not confirmed the first part, but the consensus is  that if you must use an Internet browser you are much safer if you do NOT use Microsoft.  This would be difficult fo anyone; I know it would be for me as windows & Microsoft is all that I am familiar with.  However the experts suggest, using firefox or safari.  O.K down the the nitty gritty important stuff:

May I suggest, based on a thorough evaluation of all of the information that has been provided to me and the research I have conducted

1. Use PGP to encrypt your e-mail, I am sure most of you are familiar with encryption, in fact attorneys are cautioned that if we are using e-mails to communicate with clients via privileged information we must find a secure or encrypted e-mails server
2. Thunderbird has a plug in called "enigmail".   By all means please take the few minutes necessary to check this out, whether you are an attorney communicating with clients or you are a client communicating with an attorney or with anyone else that you need to keep your messages private

The one other private/secure mail ISP that I have been alerted to and have done some preliminary research on , can be found @

1.  http://www.novo-ordo.com

Any of our readers who have any information to pass on about either of these two, please share with our readers, as it is becoming more & more common practice, the norm I should say, for lawyers to communicate with clients via e-mail.

I am certain that if polled most clients would place inability to reach their clients when needed at the very top of their list of complaints.  While all attorneys should make an effort to keep clients informed of all necessary stages of the proceedings; I have found as I am sure many other attorney have as well that with our court schedule and demanding deadlines; it is often impossible to give  clients daily updates. 

 Often we do not have any new information to pass on.  I for one can attest to this:  When we have new information to share we do so immediately.  Often the question that a client (more often a family member of a client) has is one that we do not have an answer to.  If we need to make an appointment with the D.A. and coordinate a meeting with a probation officer, a parole officer, the alleged victim and so on... Please understand that we have to approach the D.A. when the time is right.

  It does more harm than good to your child, spouse, parent, girlfriend, boyfriend, cousin, etc. if the defense lawyer calls upon the D.A. when the D.A. has assured us they will get back to us.  We do not want to irritate or alienate the one person who can help us by continuing to call or show up.  It irritates someone if we continue to "check in" or "ask for a specific date and time that they will give us an answer" we are doing what we can and we are doing it the way we feel is in the best interest of the client. 

As difficult as it must be for you, remember patience is a virtue.  We do not want to make matters worse by calling over and over.  We must do as the D.A. ask and wait for them to respond to us.

• As I said, I bet if took a poll, then biggest complaint from clients and family members of clients is that you feel we lawyers do not communicate with you as often as you would like
• We simply cannot communicate with you every day
• when no action has occurred- we do not have new information to pass on
• We can and do send out letters (case updates) weekly or monthly depending on the circumstances to apprise you of the status of your case-even if there is no new action to report
• It is not necessary for you to telephone our office everyday
• even worse, it serves no purpose for you or a family member to just pop in our office everyday
• Our staff is working diligently to get the information you so desire to you, and unexpected interruptions slow them down
• This is especially true for solo practice offices
• Our staff is working diligently on your case; but also on a host of other cases
• stopping in without an appointment, demanding to be seen, cuts in to the the time we have alloted for clients who have appointments
• when you have a scheduled appointment you would not be happy if we had to keep you waiting for hours to accommodate someone who just popped in unannounced
• please show us and our other clients the very same courtesy you would expect

Having said that, while we cannot call you or write to you everyday.  E-mail makes communication between lawyer & client much easier.  We can always find time to send you a short e-mail to let you know you status (even if it has not changed).

That is why it is so important to ensure that our e-mails to and from you are secure

If anyone has any suggestions or tips for the best secured e-mail that you sue to communicate with your lawyer or client; we welcome your suggestions

In the meantime we will use the above encryption for attorney/client e-mails

Stay tuned for more on secure attorney client e-mails

COMING UP NEXT:  OUR ANSWERS TO YOUR  QUESTIONS ABOUT "SPOOF CARDS" WE WILL RESEARCH THE LEGALITY OF THESE AND POST OUR FINDINGS WITHIN THE NEXT FEW DAYS , SO CHECK BACK FREQUENTLY

STAY TUNED: PART 2 OF SUGGESTIONS TO HELP KEEP YOUR INTERNET COMMUNICATIONS PRIVATE

Coming soon:  Part two the second part of my article on suggestions for keeping your internet, cell phone, text messages, and other electronic communicative devices as secure and private as possible.  Precautions to take

Coming tomorrow, Sunday January 11, 2009

A complete list of the best encypted e-mail servers

Maintaining Privacy- A wise Lawyer would advise clients to follow this

Any Client or potential client who is concerned with maintaining privacy and preventing others from gaining access to personal information , and let me just say that if you are a criminal defense client this should be of utmost importance.  Likewise if you are a family law client and involved in a pending divorce suit or even worse a child custody suit; you should be equally as concerned with keeping your life as private as possible.

A wise lawyer will advise clients that anything they are doing with an electronic communicative device IE: Cell phone, blackberry, I-Phone, Pc, Laptop, credit card processing machines can & usually will be discovered @ the worst possible time.

To prevent your Social Security number , income information, communication with your lawyer, or any other secrets from falling into the wrong hands:

~~~~~~~~~~~~~~~~For the Love of Peter Skeeter Jumping Jeter, the snoopy doopy doggy dog~~~~~~~

~~~~~~~Do not reveal them in e-mail or on-line~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

No, I am not so archaic and old that I expect you to use a coin pay telephone to communicate; I'm doubting any of you over the age of 35 even remember the pay telephones.

Yes, I do understand the electric world is addictive, why do you think I spend countless hours learning to blog?  Well I do that because we live in a very strange land now, and it is becoming more and more foreign to me each day.

We live in a foreign land where lawyers, who are not known for generating more work for themselves; yet these same lawyers all have multi paged web sites with graphics and shocks and bolts and words I cannot even spell.  As if that were not enough as soon as the lawyers like me finally caught on to the need , the requirement, the must have buzz, gotta gotta have a website or we will become obsolete old timers still clinging to our yellow pages.  Yes, I am quite sure that my kids, the very ones who are laughing hysterically at the fact that mom & dad did not have mobile phones at age 7; heck I am still trying to explain my old party line to them, but the puzzled looks have confirmed that I need not even try.

 

And yes the very same kids laughing @ me right now because I did not have a cell phone growing up "yeah, right sure mom, like we believe that.  How did you call your mom or dad when you needed them when you were a kid?"  I tried to explain that I hoped they would be @ home and I would dial our home phone.  I lost them though. 

 My little boy Bennett, genuinely seemed worried for me "Mommy what did you do if you could not reach them" In my attempt to alleviate his worried face I only made the situation worse, " Oh don't worry sweetie, mommy never had any problems getting a hold of my mom when I was a kid" then as I turned to grab a coke I added and I knew as soon as i added it I was sunk, " the only time we ever  had a problem when I was a kid was id the line was busy"

 His saucer eyes popped up landing directly on my face, now he was utterly confused, "what, what do you mean, mom, are you tricking us?  What are you talking about? How can a phone be busy."  In rapid succession he shot off" How can the phone be busy, what does it do? A phone doesn't do anything to get busy, it can't move or anything, huh, right?" I knew I would not win this one and so I told a little fib, "yea baby I was fooling with yu.that phone did not get up and go make a sandwich, it was not busy at all" Whew!!!! conversation ended.

So yes, I know the electronic world is cool, addictive, easy, and so many other words, bottom line is it is easy.

Computers can be a far better way to reach out and touch someone than Ma Bell ever was.

It is necessary for you to learn the best ways to protect your privacy, particularly if a court proceeding could be in your future.  Let me suggest some things:

                      

1. avoid cell phones at all cost
2. Avoid sending e-mails-----------except for the most innocent & dull messages
3. Just bite the bullet & avoid the Internet completely
4. Avoid using Credit Card & debit Cards

Credit cards & debit cards create a dangerous paper  trail and there is absolutely no way to avoid it

But: if you insist on using electronics to communicate & to make purchases please read & follow the below listed ideas.  They can at at a minimum help slow the process of others gaining access to your private information.

                             

• get a brand new computer, below we will discuss how you should pay for it.  You might as well get a lap top because it is much smaller and it is portable

Keep it away from you spouse, your friends, co-workers, and your children.  In fact do not even let anyone know that it exist.  The one caveat here is that if your problems you are facing do not involve your husband and everything is good between the two of you; then you can make an exception and let him know about your new purchase. 

If you and your spouse are getting along and your court problems do not involve a family law suit against him/her; there is not reason to deceive your spouse and  risk creating a rift between the two of you.

1. Learn how to cover your tracks, IE: clean up the cookies; clear the history; wipe the hard drive clean, and do all of these precautions often.
2. Do not keep incriminating information on the hard drive
3. Do not save any pictures, downloads, attachments, or copies of any e-mails.
4. Learn, if you do not already know, that even if you do not save a picture or a document or a download to a yahoo account for example.  Once you view it, it is mixed in with your yahoo documents, easy for even the novice computer user to locate

• Get a secure e-mail address account
• Get a web based e-mail account
• web-based e-mail is particularly nice & the least likely to be a target for a subpoena
• By web-based, I do not mean AOL on-lineThink Gmail or Yahoo
• Do not access the account from the family computer, your office or work computer, any other computer that you can be tied to
• use only the new lap top that you have just purchased
• Purchase the new laptop with cash only or better yet a pre-paid untraceable, unidentifiable visa credit card (unless the place of purchase is going to require you to show identification with the pre-paid visa purchase then you will have to come up with the cash.
• Do not download any emails
• Just view and write
• use the account to communicate with your attorney, your special friend, Tamara, or Candi, or Misty or Stormy whatever, and anyone else whose communication needs to remain secret.
• Do not use your real name when you

Virtual Assistants : A Must have for solo law firms in 2009?

Well it seem that the new word for solo law firms and even for much larger firms is "Virtual".  Seriously I am thinking back to the conversations I have had with other attorneys in my area, you know the kind; two lawyers bump into each other at the downtown corner deli @ noon or a group of you are anxiously waiting for the outcome of the jury's verdict.  I am talking about the times we are thrown together with other attorneys, some of whom we do not socialize with outside of the obligatory Bar Function or the Mardi Gras Parade, Mardi Gras Ball, the swearing in of a newly elected Judge or District Attorney.

 

Now that I think about it, my area sure does have a lot of New Judges and a record setting amount of New District Attorney's as well.  As you know most of these occur in January.  This explains why I have suddenly felt surrounded by lawyers 24/7.

 

Speaking of 24/7, this is where the idea of a "Virtual assistant or virtual legal assistant" has been the topic of interest that is taking on a life of its own.  Could it be the poor economy?  More Lawyers are downsizing?  More solo's hanging their shingle, but not bringing in enough to keep a full time fully staffed law firm on the payroll.  It is expensive; I will attest to that.  The worst part is handing that paycheck over to an employee who just cannot seem to get it, not quite catching on.

"Excuse me, Madame legal assistant, yea you,  Hey aren't you the person I am paying so much for that I think I probably could have just hired another lawyer."  Shaking her head, clearly my attempt at humor did not find a friend.  Truth be told, she is good.  Damn Good.  But it took two years to train her to know how to do things the way I need them done and her salary is really high.  How high?  I can't say, but let me say this " I cannot afford two of her".

  Sure I have other employees, you know the kind.  They arrive at 9 maybe 9:15 or 9:30 for their 8:30 a.m job. A clockwatcher, leaves aound 11:15 for a 2-2.5 hour lunch.  And of course every day they have some necessary quick little task they must do, go to the bank etc.  The get back at 3:30 and don't dare start a project for fear they will have to complete it before they leave.  Tick-Tock Tick Tock, watch the second hand go around, s-l-o-w-l-y.  Here it is quitting time.  I look up at the clock that reads 4:45 P.M.  Hey Ms. Receptionist, our work day ends at 6, you have over an hour left to work, Purse in hand, desk all cleaned and straightened up, ready to bolt. She resembles some kid in high school just waiting for the bell to ring.  She looks my way "But, Mrs. Boss, I have to leave by five so I can make it to the gas station"  Leaving out that the only gas station that closes @ 5:30 is the mom & pop shop where I have a charge account.  She has to leave early to be sure to make it to the gas station in  time to fill up on the firm's account.

I have noticed that their dress code has relaxed a wee bit too much.  I am guessing it has something to do with the month long jury trial I was in.  I did not see the light of day outside a courtroom.  I returned to learn my office now has jeans day on Friday & well I won't go into the other little fun things I came back to.

Honestly, I was considering a virtual assistant before this big boom spread across the legal country.  It really does make sense.  Now I am agreeing that on paper it looks great, but just like with the employees we look at everyday and more importantly look at and talk to-in depth- when we hire them; there is always going to be some good ones and some not so good ones.  So my first big dilemma is : How do I select the right Assistant,virtually?  How do I know we will be compatible?  I have some unusual ways of documenting and calendaring and so on.

I guess the first step is to investigate the different firms, which by the way all are hiring.  This is a win/win situation.  Lawyers need good legal help, but at less pay because we will not be tying up their time all of the time and this must open a host of good job opportunities for woman (and men) who in today's world choose to work from their home.  And who wouldn't?  Well me, but that is another story.  I can see the advantage of moms, single moms, mothers of school aged kids, even older kids working from home.  They will save the expenses and cost of

• Day care/child care
• gasoline
• Car expenses, mileage, wear & tear
• Clothing (don't have to buy expensive dress suits to work from your home
• Travel

And of course the incidentals that come with working@home.  Getting home early enough to make dinner instead of having to pay for pricey take out every night.

While the Virtual assistant does appear to make out well, the attorney must cut quite a few expenses as well

• Less full time employees
• Less salaried employees
• Don't have to offer benefits to Virtual~~part~time employees
• No health insurance premiums to pay
• None or better said, Less expenses for the lawyer for retirement
• 401(k)
• Disability insurance
• life insurance
• Car insurance~~~My assistances also act as court runners so I have to add then to my automobile insurance
• less paid vacation time
• Less paid sick time/personal days etc.
• The best part is you can retain the services of a virtual assistant for as little as you want (simply a receptionist to take calls~~all the way to a full blown, on call Virtual coach to help you with all major areas)
• Some of the larger companies even offer services such as a Virtual office space in a host of major cities to conduct out of town meetings, depos, client interviews etc.

I guess it comes down to doing some research of the companies, solos, services offered and choosing your options.  This is getting fun; like thumbing through a catalog and placing an order for only the items you really want and there is no sales pressure to pay for more than what you want and need.

In my preliminary research; I came across a Virtual assistant company that operates primarily out of Canada.  No I have not thoroughly looked into the legal ramifications or legal restrictions on companies outside of the U.S, but most companies have employees among them who are spread out all over the U.S.  It does not appear to be of much significance where the home headquarters are located. God forbid unless something terrible happens and you find yourself in litigation with your main service provider---No, I won't go there.  As attorneys we are prewired to think like litigants.

One feature I recently learned of is something that is just right for me.  I noticed several "start up" packages.  Some designed for new firms, solo firms, established firms.  I was looking at a start up package just to get me starred, because you can add, delete, change your plan@ anytime.  ***AND BONUS, no long term contracts

For the above, please visit & Credit the wonderful organization known as

http://www.righthandmanva.com

and

www.live-receptionist-service.com

another one I really like is

www.halosecetarialservices.com  and for a ton of information about exactly just what a virtual legal assistant is and names and resumes of potential Va's , along with tips, suggestions, information and a web based vast array of Virtual knowledge; please check out their blog@  www.halosecretarialservices.com/blog you will meet Laurie, a pleasant host with a host of invaluable information

Virtually, I continue to hear about this trend every day, virtually I do and virtually I am fast becoming a big believer and a promoter of this.

Come back on Monday January 12, 2009 for my complete updated report.  I intend to research the top 5-10 Virtual assistant companies, mostly those who offer legal help, but some general Virtual companies as well.  I am going to compare and contrast the services offered, prices, availability of specialty packages designed to custom fit your needs and hopefully the background, resumes etc of some of the top applicants.

Stay tuned~~~~Virtually

PAY PHONE -CONTINUED

AND So the kids laughed and laughed at mommy, "what is she doing?" "Playing a video game" that big machine & why is she yelling at it?" I remember how to use this damn thing I think, placing my coins in and dialing the number.  Oh no nothing could be that easy, the rules have changed.  After inserting my coins I hear an automated voice "Please deposit an additional 35 cents" What? Why? No. I already inserted the coins three times, why can't I place this call?  Frustrated I do what we did in my day and I pull the retun change lever.  Of course It does not return any of my money.  O.K I am piseed off now.  I dial zero.  Now I am not so old that I expect Helen or Sarah to come on the line and cheerfully greet me and ask who I would like to be connected to," Hello Sara, put me through to Aunt bee or my husband would you?"  I politely tell the operator who is obviously not a nice lady, does not like her job and frankly is probably as surprised as I am that she still has a job operated by a human.  "Mam do you have another method of payment, perhaps a calling card?" a what I think, do people still have those? No I do not have a calling card/ She suggest I call collect.   Great, Good Idea

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Necessary Questions to ask when Hiring a Criminal Defense Attorney

IMPORTANT QUESTIONS TO ASK WHEN HIRING A CRIMINAL DEFENSE ATTORNEY:

1. What experience do you have with my specific kind of legal matter?
2. Have you ever gone to trial ( & how many times) on a _______ "First Degree Murder case?"
3. Do You anticipate the need to bring in outside counsel to sit as second chair with you?
4. Just exactly what are the Cost & Expenses that the contract says I will be responsible for in addition to the retainer fee
5. How Much do you anticipate I will need in addition to your retainer fee to cover such expenses as
   • an investigator
   • Expert Witnesses, such as Doctors, Mental Health Professionals, Crime lab techs etc.
   • Evidence inspection, testing
   • Photo copies, DVD's , Power Point presentation, Demonstrative Evidence for trial
   • Crime Scene Re-constructionist
   • Finger Print expert
   • D.N.A. Expert
6. Does this retainer fee cover the expense of any writs taken prior to or during trial or any other legal research and writing, preparation of legal memorandums, briefs, etc that may be filed with an appellate court for review
7. Do you have the time to devote to a case a serious or as complex as mine?
8. How is your staff paid for the time that they contribute to my case?
9. How informed will you keep me on the status of my case?
10. Based on the information that you have, what do you see as the best-case result for my position
    • What Would be The Worst Case result for my situation
    • What do you see as the benefit of going to trial vs accepting a plea (assuming one is offered
    • What do you see as the downside of going to trial
11. What is your policy on returning calls and or e-mails
12. If the client is incarcerated, what is your policy on making visits to the jail and your policy on accepting collect telephone calls from the Jail?

Criminal Law is an "End Result" business

GREETINGS my fellow bloggers, blawgers, lawyers, clients, future clients (hopefully-even after you read this article), friends, family, teachers, parents and so on & so on.  Happy New Year.  If you are like me you are ready to say a big final farewell to the Topsy turvy ups and downs of 2008.  WHOA!! what a roller coaster ride that year was.  This year I think I prefer a much smoother ride.  No I am not talking carousel.  I mean I do want some excitement in my life and besides going round and round just makes me dizzy & sick.  I think the Ferris Wheel will be my ride for 2009.  So again HAPPY NEW YEAR & welcome back. 

 

 Did I mention that one of my new year's resolutions is to write at least one useful, informative, educational, interesting , creative article each week to post for those who are interested in Louisiana Criminal law.  And from time to time I will research other areas and provide you with a little Louisiana Lagniappe.  I probably did not mention it because I have yet to EVER keep one single New Year's Resolution, but this is 09 and we are  talking "about a brand new time"   I have so much that I want to accomplish in 2009, beginning with finally completing my novel.  I am also eager and excited about finally learning how to blog.  So I will Jump right to it.  It's not like I have a huge fan base or anything so when one of my readers makes a request I am Johnny on The Spot. 

 My friend Claire, a pretty recent law school graduate, skipped working for a large corporate firm only to learn that her job had become obsolete to the economy forcing the company to downsize, just as she became accustomed to her Range Rover, St. John's knit suits, Her Neimans credit card and a plush Brownstone in the Garden District.  Lucky for Claire she never had all that and BOOM < WHAM all @ once had it sucked away sending her into a tailspin or never-ending "what am I gonna do for a job?" cries.  Never picturing herself working for the government like her good friend here.  I can still hear her voice as she began the early untainted years of her legal career, Law School 101, " Liss, really how do you stand it.  You work in a broom closet without a window and Oh my Gawd you have Naugahyde chairs, gross.  No , that life would not suit Claire, leaving her with about one real option," HANG THAT SHINGLE CUZ WE ARE FLYING SOLO"

Getting to Claire's request actually lets me address another group of people about a legal issue I have been meaning to cover.  I have been working on a short piece for all potential clients, designed to help them wisely select their Criminal defense  Attorney, sort of a top ten list or a list of do's and don't's.  Now Claire has asked me for help on how to manage difficult clients.  So I will try to do the one thing lawyers should be able to do, multi task, DOUBLE BILL, I AM KIDDING!! I REPEAT , THAT WAS A  JOKE, MY POOR ATTEMPT AT HUMOR

 

As a person who sits accused of a crime, you know the kind you can actually be sentenced to real jail time for, the one thought running though your mind should be "how do I get the Very Best Criminal defense Attorney.  There is one question you need to resolve with yourself before you start Lawyer shopping.  Are you the kind of person who ultimately cares about the end result, and in criminal law that has to be the most crucial decision you make.  Do i care about the end result?  Do i care whether or not I go to Jail and miss watching my kids grow up and then if I do get out I will be a convicted felon.  YES, absolutely, the end result  should be your main focus, your only concern, not whether or not you think your lawyer is nice, handsome, witty,  , No none of that.....can he get the job done and keep me out of jail in the end?????????

Or are you what is sometimes referredd to in the legal community as a "hand holder"?  A Hand holder is someone who is needy and needs constant reassuring.  They get angry, pouty, mad, at your secretary or paralegal when they call you in the middle of the workday and learn that you are , guess where, "in court".  This somehow comes as a surprise to them.  Then as if you were able to telepathically read your assistants mind you are now aware that they  need  to talk to you right away.  So when they call back at 11:30 a.m, a mere one hour after the earlier call they become either really upset and hurt as if it a personal crusade against them or they become even more angry often belligerent to learn that you are still in court.  Just exactly what did they think you did during the day when they hired you as their trial attorney?  As if adding insult to injury now they  need  to know if you are back? No, then they need  to know if your assistant has given you the message that they called.  She tries politely to explain that she has not been able to pass the message to you because you have not left court to check your messages.  She reassures them they do not  need to worry, that your very first court appearance, your arraignment, which is merely a formality is still four months away.  She reminds them that that is why they hired an attorney, that is why they hired you, so they could worry less knowing that they have a very good, experienced attorney working on their case.  I could go on and on about how the day plays out how many calls are placed, but I won't. 

 The only thing worse is the habitual "drop in" client.  The client who never schedules an appointment even at the urging of both you and your staff, they never want to schedule an appointment.  They simply pop in when they are in the neighborhood or when their friend had some downtown banking to do, or they had some free time on their hands.

Lets get right down to it, a person hires a criminal defense attorney when they are in big trouble.  Big trouble is quantitative, it means something different to just about everyone.  For example a long time career criminal does not consider a misdemeanor D.W.I or a simple misdemeanor possession of mairjuana to be " big trouble", on the other hand a school bus driver or a high school senior with a promising future filled with choices of academic and athletic scholarships would find either of the two charges "Big Big Trouble. 

 One of the first mistakes that people who are accused of crimes makes come at this stage, during a "not so serious charge" more specifically a traffic ticket or a low grade misdemeanor.  With todays economy and our unemployment at an all time ever high, good jobs are tough to come by and even tougher to hold on to.  So why is it that seemingly reasonable, educated, normal people let their good common sense jump right off the ferris wheel during the arrest of these small cases.  Ironically it is usually after the end of the misdemeanor case that the School teacher or the college co-ed or the soccer mom realize what a monstrous mistake they made. 

 

As lawyers we have heard all the excuses and so I will share a few with you.  "Well I didn't think I needed to hire an attorney for that little ole misunderstanding at the Sonic (that little misunderstanding was a fight.) did you not realize that hitting or striking another was a real live crime, that carries with it a lifelong permanent criminal record.  That little ole misunderstanding actually bought you three misdemeanors convictions, because you were charged with 6 offenses and when the D.A. offered to drop three and let you plead guilty to only three and he fattened the pot when he threw in " and I will even agree to only one fine for all three, meaning I will run them concurrent for you"  Oh gee he seems so nice, I was right I did not need to hire an attorney.  What was that lawyer thinking?  He wanted to charge $3500, huh to do what? I bet little more than I just did myself.  I am sure glad I did not waste my money. 

The problem is you don't realize until it is too late that Domestic Battery is one of the violent offenses that can never be expunged from your record But I bet that Lawyer would have,  and he  undoubtedly would have negotiated a deal for you that included the state dropping or reducing the domestic battery charge to s simple battery so you would not have to have a permanent record.

Before I give you my opinion on hiring an attorney let me just say this; If all fails, if you forget everything you read in this article, remember this next point.  Nothing in life is free, if it sounds too good to be true it is, and you get what you pay for.  It continues to amaze me that people who have lived life for a quarter of a century or more, learned their fair share of life's hard lessons will scrimp and barter and try to pay as little as possible when hiring a criminal defense attorney.  The very same, smart, intelligent people would not dare scrimp or try to save buck when they buy dog food or choose a hair stylist, but are willing to gamble with their life and permanent criminal record.

The one other "little misdemeanor" case that I see more people make the huge mistake of either not hiring an attorney, settling for a free attorney or hiring the least expensive attorney they can find is the group of citizens that need an attorney more than anyone else, for our Judicial system is designed to protect the innocent.  The very reason we allow so many guilty men to go free , even when we believe they are guilty is that our system requires the state to prove that they are guilty and to prove it beyond a reasonable doubt.  It is not enough to merely say, shout it, they must prove it and if they do not then the system works and the guilty go free.  You see if a system is so flawed that it cannot protect the innocent  how could it ever protect the truly guilty. 

That is the theory, that is why we are forced to turn out guilty people, back to break another law another day.  Having said that. whenever i see someone who truly is clearly, obviously not guilty of the charge for which they are accused, they become so righteous and determined to prove that they do not need an attorney because, well simply because they are innocent.  Mistake!  In the eyes of the law it matters not if you are Innocent. It only matters if you are guilty or not guilty and that is a legal term not a moral term.  One is not guilty if the state fails to prove that they committed the crime beyond a reasonable doubt.

Simply put:

Barbara is charged with DWI.  Barbara is innocent, she has never consumed a drink in her life, in fact she was not even the driver of the car, but by some misfortune she is charged with DWI.

Jason is guilty as sin, he was falling down drunk, caused an accident and admitted he was drunk, confessed it to six police officers and he blew three times the legal limit on the breath test.

 

Both Barbara & Jason hire Bernie the Super Attorney and they both pay him five thousand dollars each.

He does not have too much work to do on Barbara's case, but he is able to establish her alibi and calls her doctor as a witness to show that she is a diabetic and diabetics often have a fruity smell on their breath a smell that is far too often mistaken for alcohol.  In Jason's case Bernie has a harder fight, but he manages to suppress the confession because Jason's rights were not properly read to him, he finds a clerical error on the breath machine log and has that piece of evidence thrown out and so on.

At the end of the day the state has failed to prove beyond a reasonable doubt that either Barbara or Jason were under the influence of alcohol at the time of the driving in question.

At the end of the day what happens.  Easy , both Barbara and Jason walk out of the courtroom acquitted, havving been found "NOT GUILTY" by either the judge or a jury.

What is the difference in the two cases.  Legally nothing.  Both Barbara & Jason are not guilty.

Not Guilty does not= Innocent

Innocent is a moral term not a legal term.

Stay Tuned:

Thing you need to know or need to ask if you are a client of a criminal defense attorney

ACCUSED OR SUSPECTED OF A CRIME: TOP 10 LIST OF WHAT (NOT) TO DO

TOP TEN LIST OF WHAT YOU SHOULD NEVER DO IF YOU ARE SUSPECTED OF A CRIME OR THE TARGET OF A CRIMINAL INVESTIGATION

1. Unless you are a victim or a witness, when a police officer ask to question you it usually means that he suspects you have committed a crime and he is seeking a confession.  Do Not agree to go to the police station voluntarily.  You must contact your attorney at once.  If you do not have an attorney get one before ever agreeing to meet with the police.
2. Police interrogation by it's nature is psychologically coercive.  The police officer is normally looking for a confession or other information to corroborate his suspicions & support his case.  Do not be mislead.  Seasoned criminals know that they can only hurt themselves by giving a statement.  Unfortunately, it is the innocent or those unfamiliar with the system who allow themselves to be tricked by the officer.  Be aware of this, the law allows the police to use what is referred to as trickery to get information
3. Someone who is innocent and unfamiliar with how the police operate far too often fall for this: POLICE OFFICER" We just want to clear up a few issues so we can eliminate you as a suspect. Do not fall for this.
4. A police officer will use every interrogation method permitted by law (and some less scrupulous ones will stretch those tactics)  It is not uncommon, in fact it is the norm for a Police officer to make you question your decision to exercise your constitutional right to remain silent & your right to refuse to speak without having an attorney present.  One of the most common techniques used is this:  YOU: " I want an attorney"  POLICE: " Why would you want an attorney, I mean if you really are innocent, if you have nothing to hide then what will it hurt, what harm can come from speaking to us.  If you really want a lawyer we will get you one, but let me tell you this.  Once the attorneys get involved we can't help you anymore" Remember this & continue to repeat it " I do not want to answer your questions.  I want my attorney> DO not ask me any more questions"
5. Keep in mind, if the case has progressed to the point that you are being interrogated, the Police have no interest in helping you, furthermore they really have no authority to help you.  Only the District Attorney can offer you any sort of leniency or immunity in exchange for your statement
6. Do not, I repeat Do not waiver in your demand for an attorney.  You must unequivocally assert your right.  " I think I may need a lawyer" or " Should I have a lawyer?" or" I don't know, It would be best if I had an attorney"  None of these statements are sufficient.  Nearly every Court in the land has held that the above are NOT an exercise of on's right to remain silent or right to an attorney"  It must be clear & unequivocal.
7. Do not fall into this trap.  Once you assert your right to an attorney all questioning must cease, however most interrogators will make you question your decision, but even worse is this.  The police must refrain from asking you questions about this particular crime.  They are however permitted to ask you basic questions for purposes of identification: IE: name address, date of birth etc.  The problem comes from the police holding you long enough to make you uncomfortable.  The more uncomfortable we become the more probable we are likely to initiate a conversation with the police. Do not get trapped in the safety net of having asked for an attorney.  Silence & time often make a person ask the police a question, like "so what is it you think I did anyway?"  Bingo you have now waived your initially asserted right for an attorney because now you have initiated the subsequent conversation with the police, hence inviting them to question you
8. Modern interrogation tactics although designed to illicit a true confession from a guilty suspect who claims he is innocent often have the effect of inducing a false confession from a person who is actually innocent.Juveniles, people with mental health problems, and people who are intoxicated or are on drugs or medication are particularly susceptible to the psychological pressures of police interrogation.
9. Modern Police interrogation tactics  can and do include intentional trickery such as lying to a suspect and telling him that they have strong evidence of their guilt such as fingerprints, DNA, surveillance video or statements from eyewitnesses when in fact no such evidence exists. Do not fall for it. 
10. Finally, the police are famous not just for the good-guy/bad-guy routine.  Yes this is really true it happens everyday and normal intelligent people fall for it everyday.  Even more commonly used is the police convincing you that your friend, relative, brother, sister, wife, husband, girlfriend, boyfriend, parent, child has turned on you and has named you as the "main person, the most culpable" They will take some fragment of what they learn from someone you trust and twist it with facts from the case that you may or may not be aware of and make you start to panic.  They will then rush you, often parading the other suspect by your interrogation room so that you give weight to their lies.  Then they will tell you that time is running out that the first one to confess gets the deal.  Stop right there, never allow yourself to be rushed into making a statement, never make one without your attorney present.  If you begin to feel antsy and uncomfortable then there technique is working.  Remember this if you forget everything else:If the police truly had anything significant or concrete on you, you would not be sitting there being "interviewed" you would be under arrest.  Never go to the police station without an attorney for questioning, but of you do make the mistake all is not lost.  Only when you make a statement have you increased the odds 90% of charges being brought & a conviction sustained. Stand up, ask if you are under arrest? ask if you are free to go? Chances are you are & have been.  Get the H-LL out while you can.  If they are not arresting you, you have no reason to stay

 

3 THINGS

3 THINGS IN LIFE, THAT ONCE GONE, NEVER COME BACK

1. Time
2. Words
3. Opportunity

3 THINGS IN LIFE THAT CAN DESTROY A PERSON

1. Anger
2. Pride
3. Unforgiveness

THINGS IN LIFE THAT YOU SHOULD NEVER LOSE

1. Hope
2. Peace
3. Honesty

3 THINGS IN LIFE THAT ARE MOST VALUABLE

1. Love
2. Family & Friends
3. Kindness

3 THINGS IN LIFE THAT ARE NEVER CERTAIN

1. Fortune
2. Success
3. Dreams

3  THINGS THAT MAKE A PERSON

1. Commitment
2. Sincerity
3. Hard Work

Writing, Journaling, Ranting, Poems & more hodgepodge

                                    'A RAY OF HOPE'

Gazing out my tiny apartment window

looking up toward the clear sky

It's been a long day

all I've done is cry.

 

My life to me has no meaning

other than the joy of being a mother

Love from others I cannot seem to find

It seems I'm losing my mind

 

In this word I'm lost

without my job, my family

all quickly vanished at my cost

Can't we turn back time

Mother teach me differently.

 

There comes a ray of light

falls upon my weathered face

remembering a heavenly being

full of such beauty and grace

 

It shines through my window

directly into my room before me

tears relentless pour down again

I wonder if this is the real me

 

This rare beauty looked upon me

placing her hands upon mine

she wipes the tears running down my face

A brief but real moment my world did shine

 

Her love for me was wondrous

showing me what I couldn't see

she lifted me up with her presence

she said that she loved me

 

She said to never worry

her love would always be there

she put her hand to my heart

erasing all my pain and fear

 

Just as quickly as she had come

She was gone from my side

I knew then in my heart

her love reaches neither far or wide

 

When all seemed lost to me

She lifted me up high

my eyes began to flutter

Once again robbed of a mother

 

While I was sleeping; I must have been

I was now back in time

1977, I was only ten

had this been a dream?

 

Naive and hopeful I surmised

not a dream at all, a loving memory

Quickly I remembered I was conjuring up lies

I haven;t a memory so calming

Just visions of loneliness & only me

 

For a moment if only in a fantasy

her protective arms comforted me

all the sadness slipped away

emptiness kept temporarily at bay

I needed her, the ray of sun

protected her as well

A shield prevented her from having to see

my tormented young years lived in Hell

 

Not a dream I won't lie

only a mom who did not care

my soul she killed or let die

if you wonder why

she chose the wealth & lifestyle

sacrificed her daughter all the while

a dream, i not dare

awake or asleep with her is a nightmare

 

  I have learned that there is no guarantee of a tomorrow.  It is so important to let the people you love know it and know it today for there may not be a tomorrow.  As the quote goes.

...The past is just that...the past.

The Future is a mystery

For tomorrow is not a guarantee

The present is just that

...a present...a Gift...

Live in the present; make sure you never wait until tomorrow to say "I Love You" or " I am Sorry" or " I was wrong; can you ever forgive me" and most important of all

" Yes, of course I forgive you"

 

"Tell me what you remember"

DO YOU REMEMBER ME

                                                                                      ****tp.    THE BACKGROUND IS MARKED  PRIVATE.  IF YOU ARE AN AUTHORIZED VIEWER; ENTER YOUR PASSWORD TO VIEW THE AUTHOR'S COMMENTS

when did you feel me first kick

did it feel like butterfly wings

How long were you tired, sick?

Share the memories, everything.

 

Describe that feeling, the instant we met

Did you stare at me with amazement

did our eyes lock a memory you'll never forget?

Tell me of my fresh baby scent.

 

When you held me the very first time

did you hold me close to your chest?

Repeating the words "I can't believe she's mine"

The special bonding, did you feel blessed?

 

Who wiped my tears when I cried

Who fed me when I needed milk

Were you close to me always by my side

was my skin like cashmere or silk?

 

Tell me of our first outing together

I want to know all about you & me.

Times we spent alone did you treasure?

When you gazed into my heart what did you see?

 

Tell me all the fascinating stories as I grew

how I was adorable; you stuck to me like glue

When did we go shopping the first time

did I behave or did I cry & whine?

 

Was our bond powerful and strong?

Did you teach me right from wrong?

I'm dying to know, what words did first say

What was my favorite toy on my second birthday?

 

Strolling me in my cradle through the neighborhood

Did people stop and admire me just because

How often did I mess up, was

I often misunderstood?

 

My first report card, where is it framed?

Show me all the mementos you kept

boasting with pride I'm sure you wept

an unruly child, never tamed.

 

What animal fascinated me at the zoo

What bedtime story did I beg for more

How many times did you whisper, "I Love you"?

What age was I when I first had the flu?

 

How did you comfort me when I was sick or hurt

Did you rub my head at night to help me sleep

What color was my first big girl skirt?

how many times each night did you sneak a peep?

 

Tell me just one more time

my favorite nursery rhyme

Did I have a security toy or doll

When did I sit up? Walk? Crawl?

 

What did I name my baby doll

Did I cry at night fall

Did you call me something cute

like tinker-bell or butterball?

Tell me mommy please

I don't remember your face

I can't feel your touch

This pain I need to ease

loneliness I need to replace

Do you remember me  at all

were you off having a ball

Do you remember very much

 

PSYCHO EX-WIFE WITH BORDERLINE PERSONALITY DISORDER

HERE YE  HERE YE: NEWS FLASH THE PSYCHO EX WIFE WITH BORDERLINE PERSONALITY DISORDER IS NOT GOING AWAY.

The following information can help you learn to deal with someone with this problem, otherwise she WILL continue to wreck havoc and hell on and in your lives We

have all heard that you when you marry someone who has been married before we take them "as is" baggage & all.  I'll net many of

you did not have a clue what you were getting into.  There is a book "stop walking on eggshells" that finally made my husband & I understand why his ex (of ten years) continued to cause so many problems for us.

The most important thing I took away from the book was this " people with BPD, are pretty much normal. They are just like you & me.  They just feel things much more intensely than we do.  It is normally an ex wife, or sometimes a mom.  They have trouble letting go, they must be in control of the situation, so when a man divorces and moves on, god forbid remarries, this woman with BPD feels rejected.  we have all felt a sense of  loss or rejection, but to someone with BPS, it is magnified like 2000 times, it hurts so deeply and they will do anything to get back at you.  They want so desperately to be a part of the ex's life again that after the seduction does nt work, the tantrums do notwork, they often use the kids as pawns, they make false police reports, claim to have been robbed, abused, raped, they

go to the ex's boss, family, friends anyone.  They try to make allies of the ex's own family and friends so that they will be believed.  They are so good and cunning and believable that if you do not protect yourself early on you could be in for the legal battle of your life.

For more information please read:  MORE ABOUT ME:  The psycho ex wife is a true account of  marriage, divorce and subsequent custody battle between a loving man and his terrorist ex-wife who suffers from Borderline Personality Disorder, and th husband's new partner.  Read on to see if you recognize any or all of the 9 tell-tell signs of BPD, learn how to defend yourself, your new spouse, how to limit contact so the BPD does not take control and ruin your life, do not let her alienate you form your child.  Folks this is real, it is scary.

I am living through it now.  This sick woman had my husband, a lawyer and pillar of the community arrested (of course charges were never even brought) but the humiliation he and his kids went through/  Please read and learn to protect yourself

http://www.thepsychoexwife.com/borderline-personality-disorder/

PARENTING-THE GOOD OLE DAYS//THE GOOD OLE WAYS

CAN YOU ANSWER THIS RIDDLE?  A PRETTY NEAT LITTLE RIDDLE FROM THE PAUL HARVEY SHOW

PAUL HARVEY WRITES:

We tried so hard to make things better for our kids that we made them worse.  For my grandchildren I'd like better:

I'd really like for them to know about hand me down clothes and homemade ice cream and leftover meatloaf sandwiches.  I really would.

I hope you can learn humility by being humiliated, and that you learn honesty by being cheated.

I hope you learn to make your own bed, to mow the lawn & wash the car.

And I really hope that nobody gives you a brand new car when you turn sixteen.

It will be good if at least one time you can see puppies born and  your old dog put to sleep.

I hope you get a black eye fighting for something you really believe in..

I hope you have to share a bedroom with your younger brother/sister.  And it's all right if you have to draw a line down the middle of the room, but when he wants to crawl under the covers with you because he is scared, I hope you let him.

When you want to see a movie and your little brother/sister wants to tag along with you, I hope you will let him/her.

I hope you have to walk up hill to school with your friends and I hope you live in a town that you can do it safely.

On rainy days when you have to catch a ride, I hope you won't ask the driver to drop you two blocks away because you don't want to be seen riding with someone as uncool as your mom.

If you want a slingshot, I hope your dad teaches you how to make one rather than buying one.

I hope you learn to dig in the dirt and to read books.

When you learn to use computers, I hope you also learn to add and subtract in your head.

I hope you get teased by your friends when you have your first crush on a boy/girl, and that when you talk back to your mom you learn what Ivory Soap taste like.

May you skin your knee climbing a mountain, burn your hand on a stove, and stick your tongue on a frozen flagpole.

I don't care if you try beer once, but I hope you don't like it.  And if a friend offers you dope or a joint I hope you realize that he/she is NOT your friend

I sure hope you make time to sit on the porch with your grandma/grandpa and go fishing with your uncle.

May you feel sorrow at a funeral and joy during the holidays.

I hope your mother punishes you when you throw a baseball through a neighbor's's window, and that she hugs you and kisses you at Christmas/Hanukkah when you give her a plaster mold of your hand.

THESE THINGS I WISH FOR YOU- Tough times and disappointment, hard work and happiness.  To me it's the only way to appreciate life.

Written with a pen.  Sealed with a kiss.  I am here for you.  And if I die before you do I'll go to heaven & wait for you.

PAUL HARVEY RIDDLE"

WHEN ASKED THIS RIDDLE 80% OF  KINDERGARTEN CLASSES GO THE ANSWER COMPARED TO 17% OF STANDFORD UNIVERSITY SENIORS:

What is greater than God, more evil than the devil?  The poor have it, the rich need it and if you eat it you'll die??????????????

LSBA LAWYER ADVERTISING RULES DELAYED DATE

By court order, signed October 31, 2008 by Chief Justice Pascal F. Calogaro announced the court's recently adopted amendments to the rules of professional conduct pertaining to Lawyer's advertising & solicitation will become effective April 1, 2009 rather than December 1, 2008.  The Handbook can be viewed on-line

LOUISIANA LAWYERS RULES ON ADVERTISING

LAWYER ADVERTISING HANDBOOK:

Louisiana lawyers advertising & solicitation rules Handbook  now available on-line.  LSBA members will receive a copy a copy of the recently released LSBA  handbook on lawyers advertising & soliciting with the next La. Bar Journal.  The Handbook is now available on-line.  To view the handbook go to http://www.lsba.org/2007memberservices/lawyeradvertising/2008-9LawyerAdHandbook.pdf

THE MOMMY IN ME

     I just finished reading a short, easy read book of cute and special mommyisms.  But, guess what the triple , extra syrupy cherry on top of the whip cream smothered ice cream is>  It was written by a man.  Not just any man, but by a divorced dad who I must say we could all take some parenting pointers from.. This is one selfless dedicated determined dad.  In his short bio I learned this:  Gregory E. Lang loves his daughter far more than he does not love his ex wife.  He is willing to co-parent in a way that is always best for the child.  Gold stars, Daddy-O!!!!!!

" WHY A DAUGHTER NEEDS A MOM?" I will post some of my favorites written by Gregory Lang

 A DAUGHTER NEEDS A MOM

• to provide her with memories that will last forever
• to assure her that she always has a place to come home to
• Because no one understands girls like a mom.

A DAUGHTER NEEDS A MOM

• to soothe the pain of a broken heart
• to teach her that sometimes choosing to wait is a good idea
• to teach her that you cannot make someone love you, but you can be someone who can be loved
• to tell her that the road to happiness is not always straight
• to explain that the sweetest flower may not always be the prettiest.
• to carry her when she is tired

A DAUGHTER NEEDS A MOM

• to catch her of she falls
• to remind her to be playful, no matter how old she is
• to remind her , on the bad days, she is not alone
• to show her how to love someone with all of her heart
• to explain how to set limits with boys
• to help her see that death is part of life
• to teach her not to wait until tomorrow to say " I'm sorry"
• to instill patience in her
• who never grows tired of holding hands
• to teach her the art of conversation

A DAUGHTER NEEDS A MOM

• to tell her that grudges are too burdensome to carry
• to nurture her imagination
• to make sure she keeps a true heart
• to comfort her through her tears
• to challenge her to strive for what is just beyond her reach

A DAUGHTER NEEDS A MOM

• to teach her that you cannot start a life over again, but you can change the way it ends
• to teach her not to let a good day slip from her fingers
• to give her courage to stand up for herself

A DAUGHTER NEEDS A MOM

•  BECAUSE WITHOUT HER SHE WILL HAVE LESS IN HER LIFE THAN SHE DESERVES

THIS I S ONE LUCKY GIRL, WITH A DAD LIKE GREGORY LANG, HER MOM HAS TO BE MARY POPPINS, CAROL BRADY & JUNE CLEAVER ALL ROLLED INTO ONE NICE HOME COOKED APPLE PIE

Does this Quote get your Vote????

THE STOCK MARKET:  "Damn, this is worse than divorce.  I have lost over half of my worth, and I still have my wife"