A new Lawyers Best Friend - Pre drafted legal forms:

A newly admitted lawyer to the Massachusetts Bar, has several options upon receiving his or her license to practice law.? They can apply for an associate position with a big firm, and conduct research for the next five years; they can apply to work in a small firm and do all the work the senior lawyers do not want to deal with; they can hang their own shingle.? This article will take the perspective of the later, i.e., a recent law school graduate with an entrepreneurial spirit, a little cash on hand, and a desire to start his or her own practice.

Forget about the fact that marketing and obtaining clients is going to be the most difficult aspect of the new venture.? Forget that the new attorney must choose an area of practice, for even a general practioner can't work in every field of law.? Once the client walks in the door and the attorney wants to accept the case, the flood-gates of paperwork will open.?

The first document a new lawyer must draft is a fee agreement.? There are several internet sites out there that have these types of legal contract, as well as other legal forms, but those legal documents are very general in nature and likely do not satisfy the Massachusetts General Laws.? However, a quick look in any Lawyer's weekly will show a host of legal software companies who have created word documents drafted specifically for Massachusetts, or what ever state your practice requires.

Next is the whole process of filing a complaint or answer if a law suit is involved, drafting HUD statements if real estate is the issue at hand and so forth.? One new Massachusetts Probate Attorney, recently said, "I didn't know where to start before I had the direction of my document generation software and my online research tools".? She went on to state that, "but for the form generating software, I would have had to consult for hours the Massachusetts Practice Series and other form books".

Once a case has been filed, the real onslaught of paper work and forms hits the fan - DISCOVERY.? There are interrogatories, request for production of documents, requests for medical records, requests for police reports, subpoenas' for depositions, etc.? There are motions for summery judgment, motions to compel, and so many more.? A new lawyer who has never drafted these documents has virtually no where to turn, but to the form books for hours and hours of unbillable research time.?

The biggest problem for new lawyers is they did not learn how to try cases in law school.? Rather, they are more equipped to argue an appeal in front the The United States Supreme Court then they are to handle a simple will contest, or personal injury matter.? The bottom line is, in order for a new attorney to be efficient, they can either purchase one of these up to date, form generating software packages, be lucky enough to have a mentor, or put their dreams and aspirations on hold for two or three years, while working for a small practice.? In the case of the young probate attorney, she decided to purchase the software, and was lucky to have one of the premier real estate and probate attorneys in the state as a mentor.? However, not all new lawyers are so lucky, and if you are going to spend 30 hours a week researching what forms are needed to follow procedure, you will be hard pressed to find time to actually represent your clients, let alone conduct legal work that can be justified as billable hours.

The gist of all of this is that it would be highly advisable to look into the technology that is available today if you are a new lawyer, and in fact, even if you are an experienced lawyer, this technology allows you to stay current with any changes in the law and procedure for state courts in your document library.

The following article was drafted by Michael Goldstein, Esq. who writes select articles about technology for Turbo Law, a Massachusetts legal form software application.

Michigan Wrongful Death Lawyers

The worst form of loss is the loss of our dear and near ones. We only wish that it didn?t happen to our loved ones. Death is inevitable. People prepare against natural and man-made calamities, which take lives by the hundreds. Man bereaves and normal life continues. But one never forgets deaths caused by someone else?s negligence, and one naturally expects justice for those deeds.

Deaths deliberately caused by someone else, like murders, are dealt with by each state through criminal laws. Criminal law trials have different procedures for establishing the motive and presenting evidence.

Deaths can also be caused by someone or somebody unintentionally, or due to negligent behavior. They can happen in many ways. In cases of the patient-physician relationship, deaths can happen due to misdiagnosis of disease or using the wrong procedure. Deaths can also happen in industrial situations, or in the transportation of passengers. In order to deal with these situations, each state has enacted laws known as ?wrongful death statutes.?

Wrongful death statutes come under personal injury laws. Wrongful death can be ?immediate or delayed outcome of someone?s negligence and the misconduct or negligence causing the death.? Since wrongful death statutes come under civil law, civilians can file cases against the defendants. These cases are easier to prove than the criminal ones because they are decided by the preponderance of the evidence, not clear and convincing evidence.

Each state has its own statute of limitation, after which a case can?t be brought to court. In Michigan, the discovery period is six months, but in the case of Miller v. Mercy Memorial Hospital Corp. the period was held to be three years.

The role of lawyers in these cases is to establish the negligence of the defendant, and to derive maximum compensation for the relatives of the deceased. This type of case takes a long time to be settled, so it is wise to engage a lawyer with good credentials.

Michigan Auto Accident Lawyers provides detailed information on Michigan Auto Accident Lawyers, Michigan Divorce Lawyers, Michigan Lawyers, Michigan Medical Malpractice Lawyers and more. Michigan Auto Accident Lawyers is affiliated with Michigan Personal Injury Lawyers Info.

Florida Family Lawyers

In Florida, family lawyers represent cases in unified family courts. The main aim of the unified family court is to render justice that is ?accessible, fair, effective, responsive, and accountable.?

These lawyers handle all matters related to marriage and divorce, alimony, child custody, division of liabilities and assets, juvenile law, domestic violence and the rights of grandparents.

They handle divorce related issues by rendering legal advice to their clients at different stages of the divorce proceedings. They provide all necessary legal information, clarify doubts, offer alternative solutions and represent the case in the courtroom. Sometimes they try for an out-of-court mutual consent for divorce so that the `dirty linen? is not washed in public.

Some family lawyers act as mediators to try and iron out the differences between the spouses, offering counseling so that divorce might be averted. In this role, instead of offering legal advice to their client exclusively, they act impartially so that both parties can benefit.

The Florida Bar Association, based in Tallahassee, regulates the function of all family lawyers working in the state. These lawyers, by virtue of holding membership in the bar, are offered professional training of the highest order to handle issues in a fair, timely, efficient and cost-effective manner that is smooth for the parties concerned. The official website of the Florida bar, www.floridabar.org hosts several pamphlets of information for public use, a few of which are `Marriage,? `Family Mediation,? `Divorce in Florida,? `Shared Parenting After Divorce,? `Adoption in Florida,? `Juvenile Arrest,? and `Legal Rights of Senior Citizens.? Some of these pamphlets are published in Spanish for the benefit of the Spanish-speaking community. The website is also an excellent resource to locate family lawyers in Florida.

The official website of the Florida state courts, http://www.flcourts.org/, is also an excellent source of information to learn about family law issues and locate family lawyers in Florida.

Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affliated with Florida Alcohol Treatment.

New Franchisors in Market Place Need to Watch Out for Lawyers

There are so many pitfalls for new franchisors in the market place such as required mandatory disclosures, state registration rules and franchise disclosure documents. Often Franchising Regulatory bodies make it tough to get a hold of this information and Lawyers charge for it and charge to help you comply. Worse off some lawyers will try to turn you in to state regulatory bodies if you do not properly comply with every tiny minute detail. This is really unfortunate indeed. Why you ask?

Well it just seems that there are a lot of young and naive franchisors out there and a lot of people who really really want what they have to offer. And yet with the costs, mix-matched set of laws and all the rules, it makes it tough on them to get going.

Additionally if lawyers can write a letter to the NY State Franchise Registar and get satisfaction and a normal franchisor individual cannot call their offices, then it seems that the lawyers have hijacked the law and you have to hire one to talk to the NY offices in order to find out the rules you see? A disclosure document should be a 3-4 page form is all, not 235 pages of information, with more information than your competitors could ever dream of having, sold online to anyone from China who wants it?

We need one set of laws for franchising and we need to stop acting like the United Countries and start acting like the United States. Franchise Lawyers are a very self-serving group in my opinion. I think that; SELF-Serving; is the only phrase in franchising that these lawyers have never attempted to define? Lawyers like to define things and analyze stuff, but if you do not call an ace an ace and a spade a spade then you end up arguing over apples and oranges when you are selling Avocadoes in the market place. Consider it.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Should Lawyers be allowed to Complain against Franchisors

So many lawyers want to run the law, play jury, policeman, regulator and judge in the franchising industry. What is amazing about this is that they have already hijacked the law to serve their will and pocket book in such a self-serving way that it seems unfortunate indeed.

I have seen regulators attack a company and fail to renew an application, start an investigation, find nothing and then not even question the attorney who made the complaint who indeed was on retainer with a competitor. This may sound like it is not a common occurrence, but in my research I am finding it is common in all types of industries and not just franchising or with franchise law and franchise regulatory bodies.

Lawyers are hardly ethical in my opinion, way too much abuse; I believe there should be prison time for such actions by lawyers who misrepresent another franchisor. So if they make a mistake in their complaint, they should pay with their license and jail time, as that is only fair.

How can we prevent such abuse of law from lawyers? Well we could call in Caesar is a thought. We also need more regulation on lawyers, as they seem to be the only industry in the world, which consistently gets away wish such self-serving atrocities. Consider all this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Franchisors, Lawyers and State Regulators

Most people think that lawyers are crooks and some people think that franchising companies or franchisors are out to make a killing on poor unsuspecting franchisees. State regulators think that Franchisors are not good and lawyers are wonderful. But why? Well because they are lawyers of course. Yet in reality lets look at the situation here.

You see, Franchisors duties and responsibilites are to their team, their franchisees customers, extending brand. If the franchisor neglects such duties and responsibilities then they are short lived and they will go out of business. It is for this reason that the franchise system is inherently stable, viable and ethical. Whereas with lawyers and regulators are not and do not have the same inherent checks and balances.

When it comes to Franchisors, Lawyers and State Regulators it should be noted that Franchisors are entrepreneurial companies and therefore are the best of breed in economic commerce. Lawyers scrape the cream of wealth from the nation without any real worthy productivity. State Regulators put up roadblocks, barriers to entry and stifle free enterprise? So tell me, who are the good guys, who are the bad guys and why is calling Caesar to take care of these problems such a great idea? Consider this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Franchise Regulation Attorneys and State of Illinois Lawyers in Franchising Regulations

Many state franchise regulators like those in the State of Illinois and many Lawyers in specializing in Franchising Regulations do not care that they are destroying the franchise industry and drowning it in red tape. The Franchise Regulation Attorneys do not care, because they make money on the outrageous over regulations required on the Franchise Industry by states like The Great State of Illinois. The Lawyers in Franchising Regulations often charge up to $300.00 per hour.

Regulations hurt consumers they don't help anyone, it causes barriers to entry, causes higher prices and helps lawyers hijack the law like a bunch of International Terrorists and that is not "perspection based" as the franchise lawyers or Franchise Regulators would have you believe. That is the truth and these franchise regulators knowingly and willfully continue to hurt free markets and consumers.

The State of IL franchise registration office should be disgorged of their ill-gotten gains and all employees should lose their pensions and be terminated ASAP. It is the best for all concerned. There is obviously little if any leadership coming from the Governor of the State of Illinois who is probably a Lawyer himself. Something needs to change there. Why is the State of Illinois so aggressively attacking the Franchising Industry? Because they just don?t get it. Consider this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

State of Illinois Franchise Registration Lawyers Try to Justify Their Attacks on Free Markets

It is amazing the lack of knowledge of economics and free markets that state franchise regulation states have in America. Worse when you try to explain the reality of things to them, they pull the liberal debate line of reasoning that class action and personal injury trial lawyers are so keen too.

They say that they have seen Franchisors damage franchisees and franchise buyers and that it hurts all Franchisors when this happens so Franchisors should be happy with them? What on Gods Earth are they talking about?

In the United States to prepare simple Franchise Disclosure Documents it costs $40,000 and the audits required to renew each year cost at minimum that amount. It is farce to think that these costs to comply with regulations are not passed onto the very consumer the State Franchise Regulators swear they are protecting? They say that Franchisor?s do not often see these problems and do not understand?

Oh really now? So a Franchisor does not understand, while a Government Lawyer does? A lawyer who has never had to make payroll or deal with fraudulent franchise buyer applications. A lawyer who works for the government and holds up free-markets due to paperwork, while taking their sweetass time at the coffee marker? Yah right?

Who do these people think they are anyway? State of Illinois Franchise Registration Lawyers try to justify their attacks on Free Markets, but their arguments a so skewed from reality, they simply do not hold water. Consider this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

 

Lawyers and Accounting Fears Causing Bad Decisions and Change Management

Indeed we hear it all the time, corporate executives complaining about incessant lawsuits and Sarbanes Oxley regulations. Is seems all these Lawyers and Accounting Fears are causing Bad Decision Making on the part of corporate board members and we are seeing greater turn-over and Change Management. We see too much fear from lawsuits, stock market pressures and Federal Regulators breathing down the necks of America?s greatest corporations and this is hurting all of America in a very big way.

Of course this fear is also often rendering many executives useless and unable to make decisions some executives say they are tired of asking their corporate attorneys if it is okay to use the company restroom or calling up their accounts to see if it is fraudulent to order a ham sandwich on rye instead of wheat in the corporate cafeteria? Is it really this bad? Indeed it is and this is so unfortunate, nevertheless corporations must show results and if these executives cannot handle the challenge then they need to leave the company.

And leaving they are in record numbers and there have been more golden parachutes and early retirements in Americans top 500 companies in the last few years than in the previous 20. Why? Well it is all these Lawyers and Accounting Fears that are causing Bad Decisions, which have nothing to do with the company?s bottom line and therefore cause performance issues. Then it is time for heads to roll and thus more Change Management.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Small Town Solo Professional Lawyers and Your Options

Many lawyers are cutting costs due to competition. Yes, even lawyers have competition
these days even though they seem to have an unlimited number of people to sue. This
is because there are so many lawyers each year graduating from Law School and despite
what you think the Bar Exam is really a piece of cake; lawyers just complain about
it to make you think they are smart.

Of course the big law firms have the most clout, political connections and therefore
a small town lawyer maybe way out of his or her league as a solo professional and
can get buried in the process and therefore as a client it might make sense to allow
some of these small town lawyers who cannot make it in the big league to go out
of business on their own without prolonging this by hiring them. Additionally, as
a client if your small town lawyer solo-professional cannot do the job you will
lose your case and therefore wasted all your money fees and still lose.

One thing I love is to watch these solo-professional lawyers get slammed by the
bigger city lawyers. Of course I also love to see the solo-professional lawyers
slam the big lawyers too. As a matter of fact my favorite lawyer is one who sues
other lawyers or is no longer amongst the living. Consider all this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and
perpetual tourist.

7 Rainmaking Ideas For Busy Lawyers

The road to rainmaking success for any professional involves communicating your area of expertise to potential clients through writing and speaking. It is rare to find a successful rainmaker who has not made use of one or both of these two communication formats.

Because of this, attorneys have a distinct advantage over other professionals. The very nature of practicing law already involves both writing and speaking.

Although most of a lawyer?s writing is directed toward other lawyers, most of this written material can be easily reframed to address the questions and concerns of non-lawyers. The typical attorney has filing cabinets full of written material he or she has already produced. With minimal effort, briefs, letters, wills, trust agreements and contracts can all be reworked and revised to become information products like tip sheets, articles, booklets, white papers, speeches and even full-length books.

Moreover, an attorney must read a great many cases, statutes, law journals, court opinions, briefs and letters written by opposing attorneys, and continuing legal education materials. Each of these materials can also be used as the foundation for producing information products.

Here are a few ideas to help get the rainmaking process started:

1. Begin with written materials you have already created. How might potential clients benefit from this information? Can you develop a brief you have written to warn business clients of some pitfalls to be aware of when signing a contract? Can you turn a pre-nuptial agreement into a short article on things to consider when entering into such an agreement?

2. Look for ideas that can be turned into tips sheet articles or a frequently asked questions (FAQs) articles. These are not only popular with readers and magazine editors, they are very easy to write/

3. If you are wanting to attract business clients, seek out the trade publications that service those target industries. Trade magazines are very open to articles written by non-professional writers. When your articles appear in these trade publications, you position yourself as an expert in the legal needs of that specific industry group.

4. Start a blog on a legal niche that you want to get more work in. If you only write two or three paragraphs a day, your material will grow quite rapidly. This material can then be revised into publishable articles. And don?t think starting a blog requires any technical skills. If you can send an email, you can start a blog in less than 15 minutes. Check out blogger.com to see just how easy it is.

5. Repackage the same written material you have been turning into articles and now create speech outlines and handouts to give to your audience. Once you have written a single article on a subject, you should be able to get speaking engagements on that same topic.

6. Repackage your written material once again to create press releases. Tip sheets make great inserts in a press package if the topic is of interest to the publication?s readers.

7. As you start to accumulate more and more written material, you may suddenly realize that just a little more effort could turn it all into a full-length book. Blogging (as long as you have been diligent about writing 2-3 paragraphs a day) especially has a way of writing a book for you, almost without your being aware how much material you have been writing.

   A book is the ultimate rainmaking tool. Your topic may be too specialized to make a lot of money on book sales, but as a way to attract new clients, a book has few equals.

Remember, everything you write or ever have written, can be turned into information products. Non-lawyers find the law very interesting. As long as you can write to non-lawyers and remove jargon from your prose, you will find a receptive audience for your articles and other writings.

freelance copywriter, writing web content, copywriting tips, ghost writer

COPYRIGHT(C)2006, Charles Brown. All rights reserved.

Download your free copy of 99 Ideas For Writing Irresistible Web Content, written by Charles Brown, a Dallas, Texas based freelance copywriter who writes web copy, advertisements, white papers and direct mail. Subscribe to his "Freelance Copywriter Secrets" at http://dynamiccopywriting.blogspot.com or contact him at 817.715.3852 or **charbrow@gmail.com**.

Go East, Young Man - Exporting American Lawyers to China

A few decades ago there hardly any such field as international law - only domestic law representing clients with funny sounding names. Although that situation has changed, the globe is not yet as borderless as the media would have us believe it is. Nevertheless, US lawyers are heading to China in increasing numbers to practice ?cutting edge? foreign investment law, and many of these adventurers are fresh out of law school. Conventional wisdom has it that heading overseas straight out of law school will ruin your career back home should you ever want to relocate stateside.

I beg to differ. I know of a young man who graduated from law school in the mid-nineties with a high GPA, fluency in Mandarin Chinese, and experience as a Summer Associate in the Beijing office of a major international law firm. He had caught the ?Asia bug? and returned so fast that his diploma had to be mailed to him across the Pacific. Around the turn of the millennium he returned to the US to test out the theory that ?you can?t go home again?. With only a few months of effort, he landed a premium position as a delivery driver for Pizza Hut, making a full dollar an hour above minimum wage (plus tips!).

Look in the Mirror: Let?s get serious. Before you take a leap across the Pacific, take a look in the mirror and ask yourself this question: ?Am I an ?international Lawyer?, or am I an ?International lawyer??? (note the differences in capitalization). What?s Plan B in case practicing law in China falls through? Will you be practicing law in the United States, or will you be teaching English in China? What excites you about China law - China, or law? Because when all is said and done, an office is an office, whether it?s in Beijing, New York, or London. And like it or not, the inside of an office is where the average lawyer spends most of his/her waking hours. Likewise, legal work is legal work; there?s not any exciting difference whether you?re consulting with clients and drafting documents in Chinese, English, or Serbo-Croatian.

The Prestige Factor: It?s very stylish these days for medium and large sized law firms to prattle on and on about ?our China Office? - and it allows for the issuance of impressive-looking bilingual business cards. It?s become such a potent status symbol that a many firms (I strongly suspect) are holding on to money-losing offices in China just so they can keep Beijing on the list of cities where their firm has offices. Medium sized law firms in particular like to set up China offices to prove to their clients their status as Big Time International Players ? sort of like the teenager who won?t shave off his peach fuzz because it ?proves I?m a man?.

Better to forget about the prestige factor involved in practicing international law overseas. Holding a prestigious job is like marrying a fashion model ? it?s cool at first, but hey, law is a jealous mistress - after a couple of months the magic wears off and you?re going to have to live with her day after day, for better or for worse.

?Our China Office? Strikes Again: ?Our China Rep Office? is more like it. Keep in mind that in China, Representative Offices may not allowed to engage in profit-generating activities. So how do US law firms get away with it? To be sure, a few of them are mostly engaged in the Western legal side of sophisticated cross-border transactions (and thus not generally in the market for new graduates), but the rest are practicing Chinese law illegally. They get away with this in Beijing (not so often in Shanghai) because the Chinese authorities turn their heads, ignoring the wounded howls of jilted (and well-qualified) Chinese lawyers. The reality is that many foreign investors still feel more comfortable retaining US lawyers even though top Chinese lawyers are far better able to understand legal and linguistic nuances that American lawyers are likely to overlook. In other words, US lawyers are tolerated by the Chinese authorities because they help attract foreign investment. When the English language ability of Chinese lawyers improves enough to inspire greater confidence among foreign investors, the Chinese government may start rolling up the welcome mat for foreign lawyers. And it won?t even take a new law to throw them out ? only enforcement of existing law. Imagine the spectacle of former China investment lawyers returning to the US wearing sandwich boards reading ?Will Litigate for Food?. Don?t get caught in mid-career all dressed up with no place to go.

Lawyers without Borders: Don?t be silly, there is no such thing (is there?). ?Doctors without Borders? makes sense because human anatomy is basically the same everywhere. Not so with legal systems - even in the wake of increasing standardization of cross-border business transactions, there will always be pesky little barriers (like local bar associations) that will stand in the way of the international free flow of legal services. The law is not the best career choice if you want to live overseas. Let?s face it - you should have gone to business school instead.

A Loophole: China allows legal advisors who are not admitted to the local bar association to work in certain jobs that would require bar membership in the US. Included among such positions is corporate counsel ? at their best, 9 to 5 jobs that come with six-figure incomes. In case six figures isn?t enough for you, these positions often provide opportunities for greater wealth as the company grows ? stock options, for example.

Forget the international law firms doing big sexy deals. Grind out 2-4 years of business law experience in the US and look for a job in the legal department of the China office of a Western multinational.

David A. Carnes is a California attorney working for California Industrial City in Zhengzhou, China. His website, Start a Company in China, is at http://www.chinacompanystartupguide.com/48.html and offers free, step-by-step information on how to establish a business presence in China.

Public Relations for Divorce Lawyers

Most people hate lawyers and that is truly unfortunate for the legal profession, although many people say it is their own fault. One type of area of law, which is practiced that often gets people to hate lawyers are those that practiced divorce law.

Since 65% of those who have been married have had at least one divorce, most of them had used a lawyer to get the divorce, so you can understand that half or more of them will be very upset with the deal they got and all will be upset at the amount of money they had to pay the divorce lawyer to represent them.

So what can divorce lawyers do to promote them selves and maintain good public relations? It might be wise for divorce lawyers to get with marriage counselors and put on seminars and try to get people to stay together and work on things amicably.

If the marriage does not work out the divorce lawyers might get some extra business, but perhaps they might also have checklists and meet with both parties together and help them separate without wasting all their money on divorce lawyers.

Why would a divorce lawyer want to do that, because they can make money without destroying people's lives and making people hate lawyers? Perhaps if you are a divorce lawyer you might consider all this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

 

Don't Let Lawyers Kill Your Marketing Efforts

J.P. Morgan said it best: ?I don?t want a lawyer to tell me what I cannot do; I hire him to tell me how to do what I want to do.?

Because I serve the varied needs of some diverse and interesting clients, the marketing efforts I produce are reviewed by an equally interesting array of lawyers. Oh, for any downtown lawyers who may be reading this, you guys whose hourly rates are up there at the high end of the pay scale, you can substitute the word ?attorney? for ?lawyer.? It?s a more fitting, upscale name worthy of your fees, right?

But back to my story. With very few exceptions, the lawyers I?m told to work with ? whether paid staffers or third-parties who?ve been retained by my clients ? seem to share a single, frustrating point of view when reviewing sales and marketing copy. And it doesn?t seem to make much difference whether the words are mine or those of other copywriters. Lawyers seem determined to delete every word that?s even remotely liable to improve sales.

It?s not that there?s anything inherently wrong with words that get people to buy. It?s just an attitude common among lawyers when reviewing anything to do with sales or marketing.

As one lawyer described that attitude, ?I won?t approve anything that can even remotely come back and bite me in the ____.? Her fellow attorney added, somewhat defensively, ?Neither of us wants to lose our jobs because we approved a whacko idea dreamed up by some marketing guru.?

?Whacko? is probably not the appropriate word to describe even the most creative marketing effort. It?s also worth noting that most ?marketing gurus? ? whether we?re in-house or outside service-providers ? are paid to generate revenue, revenue that typically results from sales.

We ?gurus? are expected by our clients and employers to jump over, under, around or through whatever limitations we?re presented with ? including those imposed by lawyers. Our job is to transform the seemingly impossible into something that?s both doable and profitable.

However, and with all due respect, neither lawyers nor attorneys have ever been noted as the most imaginative people in the world. Most are quite content to live within ? and be confined by ? the limits of the laws they work with. Think about it. When was the last time you heard a lawyer ? or even an attorney ? encourage anyone to ?think outside the box.??

What prompted my most recent discussion with this ?dynamic duo? of the legal world was their mandate that I delete from the direct mail copy I?d written the two words that were the very essence of the motor club memberships my client was selling ? ?safety? and ?security.?

Their deletions were bad enough, but the air of finality with which these and most other lawyers hand down such mandates is rivaled only by the Almighty when He presented Moses with the 10 Commandments.

From a copywriter?s point of view, too many lawyers seem to fancy themselves the final authority on effective copy. And too many of us ?marketing gurus? ? along with the companies we work for ? allow them to get away with it, even though there are other options.

What kinds of options? These two have worked extremely well with my clients:

1. Share with management, those execs who hire the lawyers, what J. P. Morgan said he expected of a lawyer. Explain to management the benefits that result when the focus of their lawyers shifts from words they want to eliminate to words they consider defensible, words capable of being successfully defended in the unlikely event the matter ends up in court.

2. Ask management to insist that their marketing people, whether hired guns or in-house staffers, meet face to face with reviewing lawyers to discuss whatever changes those lawyers want made. Freedom to discuss is freedom to negotiate. Negotiate what? The substitution of words or phrases with meanings similar to the ones the lawyers want stricken, but words not as likely to be problematic. There are a great many very good words out there for both sides to agree on.

The role of the lawyer should not be to protect the company from every remotely conceivable contingency. It should be to advise management ? and the marketing staff ? whether or not the proposed marketing copy is reasonably defensible.

J.P. Morgan did quite well by letting his attorneys know up front what he expected of them: ??tell me how to do what I want to do.? There?s a lesson there for all to learn.

2006, Philip A. Grisolia, CBC

In addition to his skills as a marketing professional, Phil Grisolia is an accredited Certified Business Communicator (CBC), an author, educator, business coach, and an award-winning copywriter. To learn more about Phil and his professional skills, visit his website: http://PhilGrisolia.com

Lawyers Have Ethics?

Did you know that lawyers actually have a code of conduct? Seriously I am not making this up, in fact that joke about the lawyer falling in the ocean in shark infested water but not getting eaten by the sharks due to professional courtesy gets a laugh, but actually they are suppose to eat each other up. Looky here at this code of conduct model rule;

The ABA Model Rule provides:

Rule 8.3 Reporting Professional Misconduct

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

If they actually followed their own rules then of course we would see many lawyers being drown in their sea of laws, but we do not. So I must ask the question; if lawyers do not follow their own rules is it any wonder that the follow the laws, rules and regulations of our civilization?

Oh you are probably wanting a punch line for this lawyer joke right? The punch line is that they have hijacked the rules and laws of our nation and refuse to follow any themselves. Now for the punch line; you freely accept this and let them do it! Jokes on you.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

 

Lawyers are Not Dogs

Look I am sick and tired of people saying that lawyers are dogs. Lawyers are not dogs, because dogs will bring back a bone if you throw it out there. If you throw money towards a lawyer they won't bring it back. I think it is just horrible that our society treats lawyers so bad and calls them dogs.

I'm sure most lawyers do not feel like they're dogs when they stroked themselves. I mean they are not furry and such and I'm sure they are not flexible enough to lick their underside. As a matter of fact there is really nothing similar to lawyers and dogs. Dogs are man's best friend and I do not know anyone who has a friend who is a lawyer and actually likes them, sure you might have a friend who's a lawyer and you pretend to like him, but you really don't and you secretly despise him inside. Don't you think they know that?

Lawyers are not dogs and therefore we should stop treating them like dogs and making fun of them and telling jokes at their expense. It really is not fair in this politically correct world to single out a group of people or a group of people in a specific professions such as law or lawyers as been dogs.

Now the other day I used my super duper pooper scooper to clean up the yard and as I began to pick it up I thought to myself this is much more similar to a lawyer then the dog who put it here.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

Los Angeles criminal lawyers

Los Angeles is a big city with a lot of ways to get in trouble with the law. The elements that make up a criminal system in Los Angeles include the police officers who investigate crime, the Los Angeles District Attorney?s Office who prosecutes those charged with committing a crime and the defense lawyers who represent the accused criminals. Even though the elements of the justice system are the same all over the country, every state in the United States has different rules and procedures pertaining to arrest procedures and the way trials are conducted.

After a person has been arrested, it is the job of the district attorney?s office to file formal charges against that person. An Assistant District Attorney will usually be the one that will handle the case against the accused individual. Their job is to prove beyond a reasonable doubt that the person accused is guilty of the crime. Their job is not an easy one due to the basic principle that the accused person is considered innocent until proven guilty.

The defense lawyers are the ones that represent those accused of a crime in their case. It is their duty to establish doubt among the judge and jury that the person is guilty. If you are accused of a crime you have two choices when it comes to finding representation. If you can afford it, hire a lawyer from a private law firm to represent you during this process. These lawyers can be very expensive, but they will fight for you aggressively. The other option is to have a court appointed lawyer represent you during your trail. Everyone has the right to be represented by a lawyer even if they cannot afford one.

Getting involved with the Los Angeles legal system is not the end of the world. However, you will need to be smart when dealing with people who want to take your freedom away. Do not answer any of their questions without having a lawyer present, and know your rights. That could mean the difference between going home or going to jail.

Criminal Lawyers provides detailed information on Criminal Lawyers, Criminal Defense Lawyers, Federal Criminal Lawyers, Los Angeles criminal lawyers and more. Criminal Lawyers is affliated with Las Vegas Criminal Defense Attorneys.

Oregon Personal Injury Lawyers

Personal injury is the bodily harm caused to a person because of someone or something. It can also mean invasion of a personal right like false imprisonment, causing mental suffering, any kind of harm, disease or death by another person. Personal injury law deals with protecting of those individual?s interests who have been victims of recklessness, negligence, inaction or malpractices of others. It also includes defective drugs, medical malpractices, worker?s compensation and product liability.

Personal injury law is also known as ?Tort Law?. Oregon personal injury law is covered under the Tort Law, and some federal laws relating to damages and Insurance. People declaring to have sustained personal injury can claim for compensation for any financial loss, mental tension, and physical pain including permanent disability of death of a dear one. For establishing a claim, it would be very helpful to take the support of a good lawyer who would be able to prove that: 1) the person being accused is truly responsible for causing the personal injury; 2) the compensation claimed is suitable for the damages incurred. Personal injury claims may also result from a dispute with the insurance company regarding the payment.

A personal injury lawyer would be able to help in all the legal proceedings relating to the personal injury case. The lawyer would legally assist the client in determining how much the claim is worth and also help in getting sufficient claim from the insurance company. Oregon Law requires that insurance companies should pay the attorney fees for personal injuries less than $5,500.

It is very important to have a qualified attorney to deal with personal injury cases. There are certain aspects to be considered while choosing a good attorney: get someone who has specialized in personal injury cases; choose someone who has experience in dealing with insurance companies; the attorney should have sufficient experience in dealing with similar cases; choose someone who is professional about the contract, the fees, answering your queries, keeping you informed and updated; and so on.

A majority of Oregon personal injury lawyers cover most counties and cities in Oregon. Personal injury lawyers take fees only if the client manages to recover the money that is claimed. They take a percentage of the amount that is recovered from the settlement. There are many personal injury lawyers in Oregon. They can be located through yellow pages or advertisements of law firms. Information is also available in the Internet.

Oregon Personal Injury Claims provides detailed information on Oregon Personal Injury Claims, Oregon Personal Injury Funding, Oregon Personal Injury Law Firms, Oregon Personal Injury Laws and more. Oregon Personal Injury Claims is affiliated with Wrongful Death Attorneys.

Child Custody In Chicago: What Lawyers Will Do

Divorce can be very frustrating, especially for a child. Both parties, the husband and wife, will really fight for the properties and also the custody for their child. They want to be able to get the proper compensation after the divorce. However, the most important thing when settling a divorce is not always the money or the property, both parties will really fight for the custody for their child.

For this, if you are getting a divorce, you need a divorce lawyer to properly present your case to the family court. You need to show the court that you have done nothing in your relationship that caused both of you to divorce and also, when getting the child?s custody, you need to be able to show the judge that you can support your child in education, shelter and also the needed parental care.

Tell your divorce lawyer the reason why you are getting a divorce and why you are suitable to be in custody of the children instead of the other party. You need to tell your lawyer how much you make annually, your job, and also how you care for the child.

Divorce can really have a major impact on a child?s psychology; they will often wonder why you and your partner is getting a divorce. It is very important that you both explain it to your child so that he or she can understand why.

If you live in Chicago and you?re getting a divorce, you will want to look for a well known divorce lawyer in order to present your case. The lawyer will then advice you on what to expect in the court and what can you do to win the case and get custody for your child.

They will tell you what the judge may do for the child?s welfare. He or she will decide who will get custody for the child. The judge will determine and weigh evidence wisely to determine who will get custody for the child.

There are different divorce laws in different states, so, you should know about the divorce laws carefully. Your divorce lawyer can explain a few things for you in order for you to understand the law about divorce better. He or she will be able to shed light on the subject.

Usually, the judge may assign the person who is not in custody of the child to give child support. He or she should be able to give a specific sum of money at a specific day every month.

There are also visitation period allowed for the parent who does not have custody for their child or children. It can be either once a week, or it can be once a month. It all depends on the decision of the judge.

A person from the court or child welfare office will also visit your house and the other parent?s house to make sure that the child is treated properly. They will also take a look at your income and determine if you are capable of raising a child.

Always remember that divorce can have a major impact on a child?s psychology. If you and your partner can still work it out and not get a divorce, it will be much better. You can visit family counselors in order to help you solve your differences without getting a divorce.

This content is provided by Low Jeremy. It may be used only in its entirety with all links included. For more information on child custody & where to find one in your state, please visit http://child-custody.articlekeep.com

Child Custody In Chicago: What Lawyers Will Do

Divorce can be very frustrating, especially for a child. Both parties, the husband and wife, will really fight for the properties and also the custody for their child. They want to be able to get the proper compensation after the divorce. However, the most important thing when settling a divorce is not always the money or the property, both parties will really fight for the custody for their child.

For this, if you are getting a divorce, you need a divorce lawyer to properly present your case to the family court. You need to show the court that you have done nothing in your relationship that caused both of you to divorce and also, when getting the child?s custody, you need to be able to show the judge that you can support your child in education, shelter and also the needed parental care.

Tell your divorce lawyer the reason why you are getting a divorce and why you are suitable to be in custody of the children instead of the other party. You need to tell your lawyer how much you make annually, your job, and also how you care for the child.

Divorce can really have a major impact on a child?s psychology; they will often wonder why you and your partner is getting a divorce. It is very important that you both explain it to your child so that he or she can understand why.

If you live in Chicago and you?re getting a divorce, you will want to look for a well known divorce lawyer in order to present your case. The lawyer will then advice you on what to expect in the court and what can you do to win the case and get custody for your child.

They will tell you what the judge may do for the child?s welfare. He or she will decide who will get custody for the child. The judge will determine and weigh evidence wisely to determine who will get custody for the child.

There are different divorce laws in different states, so, you should know about the divorce laws carefully. Your divorce lawyer can explain a few things for you in order for you to understand the law about divorce better. He or she will be able to shed light on the subject.

Usually, the judge may assign the person who is not in custody of the child to give child support. He or she should be able to give a specific sum of money at a specific day every month.

There are also visitation period allowed for the parent who does not have custody for their child or children. It can be either once a week, or it can be once a month. It all depends on the decision of the judge.

A person from the court or child welfare office will also visit your house and the other parent?s house to make sure that the child is treated properly. They will also take a look at your income and determine if you are capable of raising a child.

Always remember that divorce can have a major impact on a child?s psychology. If you and your partner can still work it out and not get a divorce, it will be much better. You can visit family counselors in order to help you solve your differences without getting a divorce.

This content is provided by Low Jeremy. It may be used only in its entirety with all links included. For more information on child custody & where to find one in your state, please visit http://child-custody.articlekeep.com