It then used those totals to decide who to lay off. The Supreme Court ruled that if an employer seeks to rely on that defense. Knolls totaled those scores and gave the employees additional points based on their years of service. In reaching its conclusion that the employer has the burden to prove the reasonable factors other than age defense the Supreme Court looked at another provision of the ADEA the bona fide occupational qualification defense. Even if the employment action is otherwise prohibited by the ADEA. Specifically the jury found that although the plaintiffs did not prove that Knolls intentionally discriminated against them they did prove that Knolls method of deciding who to lay off disproportionately harmed older workers. The BFOQ defense states that it is not unlawful for an employer to take adverse employment actions otherwise prohibited by the ADEA where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. At the trial a jury found Knolls had violated the ADEA because its layoff procedure had a disparate impact based on age. Thirty of the 28 salaried employees the company laid off were at least 70 years old. The company had its supervisors rate their subordinates based on their performance flexibility and critical skills. The Supreme Court then agreed to hear the case and eventually reversed the Second Circuit and reinstated the jurys finding that Knolls policy unlawfully discriminated because of age. As long as the adverse action is based on reasonable factors other than age. It has the burden to prove that its decision was based on a reasonable factor other than age. Twenty-eight of those 28 employees sued under the ADEA claiming Knolls illegally fired them because of their age. For example it would not be illegal to consider criteria for a particular role in a movie that has a disparate impact on age if the part calls for someone of a particular age. The Supreme Court has previously recognized that the employer has the burden to establish the BFOQ affirmative defense. In Meacham Knolls Atomic Power Laboratory was planning to lay off a number of employees. In that case Meacham versus Knolls Atomic Power Laboratory the Supreme Court interpreted a provision of the ADEA that permits an employer to take an adverse employment action against an employee. A lawyer from Rijswijk won from a lawfirm in Lafayette Louisiana The United States Court of Appeals for the Second Circuit initially affirmed the jurys findings but after the United States Supreme Court asked it to reconsider the Second Circuit reversed itself and ruled in favor of Knolls. In other words the ADEA permits employers to discriminate based on age considering age is legitimately necessary under the circumstances.
A Glenview Illinois lawyer won from a advocate in Bellevue Washington
Lawsuit Loans
Lawsuit Loans which are also known as pre settlement cash advances allow a financially strapped plaintiff to access a portion of their future legal settlement to pay today’s necessary living expenses. Personal Injury and worker compensation lawsuits can take years to resolve and large insurance companies have the financial strength to legally delay the process which can financial ruin an injured claimant who is looking for a fair settlement offer.
Companies like Global Financial (http://www.glofin.com) offer cash advances against all types of Personal Injury & Worker Compensation claims. It works like this: Global Financial will review the merits of an applicant’s legal claim and determine the chance & size of a financial recovery. They then offer the claimant a small percentage of the total value of their claim in return for an assignment of a portion of the potential future proceeds in the claim. If there is no financial recovery from the claim then the funding company receives nothing. This makes lawsuit loans very risky and actually a venture capital investment rather than an actual loan as the names suggests.
The fees charge by lawsuit loan companies can vary dramatically but it is usually best to stick with the larger companies, like Global Financial (http://www.glofin.com) because they work on larger volumes and lower pricing. Usually a funding company will charge either a monthly fee or a flat fee depending on the risk associate with the claim.
It is my personal opinion that a claimant should ask themselves one question before applying for a cash advance against their pending claim. Will the advance that I receive pay immediate and necessary living expense? If the answer is yes then you should accept a cash advance and continue with your legal claim. If the answer is no then it might be wise to hold off and wait before applying for a lawsuit loan or cash advance against your pending claim. In addition, a lawsuit loan may be a very important tool when the defendant’s insurance carrier decides to make a low ball offer for settlement in the claim. You can then use a lawsuit loan as a financial tool to say no to the low ball offer and have the financial strength to wait for a higher and fairer settlement.
Lawsuit Loans have been trademarked by Global Financial as “Lawsuit Insurance” because they offer insurance like protection to plaintiffs in the event that their claim is unsuccessful. If a plaintiff takes a cash advance against their pending legal claim and their claim is unsuccessful then they get to keep the money that was advanced to them. Thus the cash advance guarantees that their claim will be financially successful either by way of the cash advance or by way of settlement or judgment.
Wensley McKenney is a graduate of Tulane University and has 15 years of experience in the financial and legal fields.
Lawsuit Insurance is a trademark of Global Financial Credit, LLC, http://www.glofin.com
Social Security Disability FAQ
WHAT ARE SOCIAL SECURITY DISABILITY BENEFITS?
Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents, similar to those received by retired workers.
WHO QUALIFIES?
To receive benefits under the Social Security Disability program, you must have a physical or mental health problem (or a combination of problems) severe enough to keep you from working in any regular paying job for at least one year. The test isn’t whether or not you are able to go back to your old job, and the test isn’t whether or not you have been able to find a job lately. Rather, the test is whether you are capable of doing any job available in the national economy. By using an extensive set of regulations, the Social Security Administration takes into account your medical condition, your age, your abilities, your training and your work experience in deciding your case.
WHAT HAPPENS IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?
If you are found eligible for Social Security Disability benefits, you will get paid retroactive benefits beginning 5 full months after you become disabled, but only for a maximum of 12 months before you applied for benefits. (Please see below for additional information on duration and amount.)
HOW MUCH MONEY WILL I RECEIVE IF I QUALIFY FOR SOCIAL SECURITY DISABILITY BENEFITS?
A disabled claimant will receive the same monthly benefit that he would receive had he retired at full retirement age (65 years old or more depending on age). The sum of money received will depend on one’s previous work record.
HOW LONG WILL I BE ABLE TO RECEIVE SOCIAL SECURITY DISABILITY BENEFITS?
You will receive Social Security Disability benefits as long as you remain disabled and unable to work. Your benefits will not run out because you did not contribute enough into the Social Security system.
WHEN SHOULD I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You should apply for Social Security Disability benefits as soon as possible after you become disabled and unable to work. You do not need to wait 12 months to apply, your disability need only be expected to last for at least one year or will result in death.
HOW DO I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You can fill out an application for Social Security Disability benefits at the local Social Security office nearest to your home or by telephone. The address and telephone number of your local Social Security office can be obtained by calling 1-800-772-1213. When applying you should be prepared to give Social Security a list with the names, addresses and phone numbers of all the doctors, hospitals or clinics who have treated you for your condition. You should also bring a list of where you have worked in the past 15 years.
You will also need to provide Social Security with an original or certified copy of your birth certificate, your last earnings documents (W-2, last pay stub, statement of your employer, etc.) and copies (keep the originals) of any medical records you may be able to obtain.
Please note, however, that you should not delay filing for benefits if all documents are not immediately available.
WHAT DO I DO IF I AM DENIED BENEFITS?
Appeal! Many disabled people become disheartened and frustrated after they receive a disability benefits denial notice and do not appeal. This is often a mistake. Nationally, about 75% of all applicants are denied intially and about 90% are denied at the first appeal stage–Reconsideration. But many of these people ultimately receive their benefits, nationally about 70%.
What may be most frustrating about applying for Social Security Disability benefits is the process itself. Those who apply are often made to feel like they are asking for something that they do not deserve, and nothing could be further from the truth. Social Security Disability is not a welfare program; these benefits are paid for by you and were intended to act as a financial buffer in case you or a family member became seriously ill or injured. Therefore if you are unable to work, but you have been denied benefits, you should appeal.
DO I NEED AN ATTORNEY?
You have the right to have an Attorney represent you in your Social Security Disability case. Statistics have shown that claimants represented by Attorneys have been much more successful than people without representation. You should seriously consider the advantages of having an Attorny represent you by examining what an Attorney would do in your Social Security Disability case.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME IN MY SOCIAL SECURITY DISABILITY CASE?
Every case is different. Your Attorney’s role depends on the particular facts of your case. However, a few of the things an Attorney may do are:
- Gather medical and other evidence
- Analyze your case under Social Security Regulations
- Contact your doctor and explain Social Security Regulations to obtain a report consistent with those regulations
- Obtain documents from your Social Security Disability file
- Ask that a prior application for benefits be reopened
- Advise you how to best prepare yourself to testify at your hearing
- Protect your right to a fair hearing by objecting to improper evidence and procedures
- If you win, make sure that the Social Security Administration correctly calculates your benefits
- If you lose, request review of the hearing decision by the Social Security Administration’s Appeals Council
- If necessary, represent you in a Federal Court review of your case
HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?
Most Attorneys who handle Social Security Disability cases will accept them on a contingent fee basis of 25% of past-due benefit or $5,300 whichever is less. That is, there is no fee if you lose, although you will be obligated to pay any out-of-pocket expenses incurred by the Attorny in your representation. Such expenses usually involve charges for photocopying and payments to doctors and hospitals for medical records and reports, and other miscellaneous charges. Total expenses usually are less than $100.
WHEN SHOULD I CONTACT AN ATTORNEY?
As soon as possible, preferably as soon as your inital application is denied. An Attorney will then be able to start assisting you in determining if you are disabled, as that term is defined by the Social Security Act. You will then be able to decide whether or not you want to pursue the first appeal stage–Reconsideration; and your Attorney can begin developing ways to prove to the Social Security Administration that you are disabled.
Attorneys in Social Security Disability cases do much more than sit in at a hearing and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into adequate representation for your case. For this reason you should not wait until a week or two before your hearing to contact an Attorney. The earlier an Attorney is able to start working on your case, the better your chances of winning.
Please note that not all Attorneys practice before the Social Security Administration. You will do best to find an Attorney familiar with the complex Social Security Disability regulations and the somewhat unusual Social Security Disability procedures.
About The Author
Sheri R. Abrams, is an Attorney who practices Social Security Disability Law in Virginia, DC and Maryland. Ms. Abrams graduated from the George Washington University Law School and the Boston University School of Management. For more information please see Ms. Abrams’s web site at http://www.sheriabrams.com
sheri@sheriabrams.com
Virginia Workers Compensation for the Injured Worker
What to you do in Virginia if you suffer an injury at work?
First, you should report even trivial injuries to your employer immediately and make sure a written accident report is filled out and sent to the employer’s insurance company.
Second, you should seek prompt medical attention for your injury. You do have a right to request the employer or his insurer to provide you a panel of three doctors from which to choose your treating doctor.
Second, you have two years from the date of your accident to file a claim with the Virginia Workers’ Compensation Commission. If you have medical bills or lost time and the insurance company has not sent you an agreement to be filed with the Commission, it is your obligation as an injured worker to file a Claim for Benefits with the Commission within two (2) years of the date of your accident.
Third, if your claim is disputed by the insurance company, then you need to contact an attorney preferably an attorney who is experienced in Virginia Workers’ Compensation Law.
Fourth, you need to know the Worker’s Compensation Insurance Company is not the Commission. Thus, even though you have reported your claim to the insurance company that is not filing a claim. You file a claim by calling 1-877-664-2466 and requesting a Claim for Benefits form from the Virginia Workers’ Compensation Commission. You fill this out and file it with the Commission. You need to include your relevant medical reports when you file a Claim for Benefits.
Fifth, the insurance company will want to take a recorded statement from you right after your accident. You may want to seriously consider consulting an experienced workers compensation attorney before you give such a recorded statement.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This article is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
About The Author
Gerald G. Lutkenhaus has been practicing workers compensation law in Virginia for over 30 years. In 1999 he was recognized in Richmond Magazine as the best Workers’ Compensation Lawyer in Central Virginia. He has received the highest rating by Martindale Hubbell, an organization that rates attorneys. For more information contact our web sites at http://www.geraldlutkenhaus.com or http://www.virginiadisabilitylawyer.com
jervalaw@aol.com
Understanding Radar Equipment
With the advent of the radar gun the police are able to determine a motorist’s speed effectively and efficiently. They just point and shoot and in that split second they can tell how fast over the limit you were speeding.
Radar guns are a huge convenience for police. They clock the speed precisely, and it gives them the ability to determine from a fair distance away who is speeding and who is obeying that traffic law.
If you are stopped by a policeman or woman who has used their radar gun to record your speed, all hope is not lost. There are steps that you can take once the ticket has been issued that may result in you beating the speeding ticket.
Radar guns are machines. Machines malfunction. This is the key point when you decide to plead not guilty and forego the fine to appear in court. Depending on the size of your fine and its impact on not only your driving record but insurance premiums, this might be a worthwhile defense to pursue.
There are steps you need to take before your court date to validate your claim of “not guilty.” Some jurisdictions will make available information related to law enforcement.
The information that you are concerned about is the radar or laser equipment that the police are using. If this is public information, you’ll need to get documentation regarding the make of the radar gun, the city or county’s maintenance record, if possible the maintenance record on the radar gun that was used the day you received your speeding citation.
There is also documentation on the training of officers in the use of radar guns. It is worthwhile to try and obtain this information in regards to the officer who issued your ticket.
Experience might play a part in your defense; that being his or her experience with the equipment.
Being prepared is paramount when taking this into court.
People make mistakes and although trying to argue that the officer was pointing the radar gun at the car next to you and not yours probably won’t work, knowing the equipment and how it operates will be a huge benefit to you.
When you do appear in court, the officer who issued you the speeding citation will be present as well. If your defense is with the machinery, he will be expected to answer questions regarding his or her handling of the radar gun.
Some of these questions might include when the radar gun last went through maintenance, if there has been any error with the gun in the past or since your ticket was issued.
Also the manner in which the police officer handles the gun and records the speed will be addressed.
It puts much of the onus of proof on the officer and the piece of equipment that recorded your speed. If the judge feels that there is reasonable doubt you might win your case and save yourself the fine.
Drikus Botha is wellknown for his articles and e-courses.
You can subscribe to his free “Beat A Speeding Ticket” e-course right here
Lemon Law Expert
Lemon Laws in the US were established to help protect the
consumer against the purchase of a bad product, most notably
automobiles. Understanding your legal rights when it comes to
your state’s Lemon Law is important, as is deciding whether or
not you should use an attorney.
Different states have different laws. To find out what your
state’s lemon laws are, simply look on your state’s website, or
contact your state’s Attorney General’s office, or call a
qualified lemon law attorney.
In general, a “lemon” is defined as a vehicle that:
* Is still within a “warranty period”. Usually one year or
12,000 miles to two years or 24,000 miles, depending on your
state, and
* Has a “nonconformity” that affects the safety, use, or value
of the vehicle, and
* The nonconformity has not been successfully repaired after a
“reasonable” number of attempts, and/or
* The vehicle has been out of service for a total of a certain
number of days for repair of the nonconformity.
If you decide to handle this yourself then be sure of the
following :
1. That you understand your state’s lemon law.
2. That you document everything relating to repairs of the
vehicle, including when and where it was repaired, who signed
the work order and what work was done.
You should then contact the manufacturer in writing, alerting
them to the nature of the problem. You may have to go through an
arbitration process. This involves both you and a representative
of the manufacturer explaining your respective situations to a
panel that will then provide a ruling.
However you may alternatively choose to us an attorney. If so,
be sure to choose one who is conversant with your state’s lemon
law, and preferably choose one with a history of only
representing consumers, not manufacturers. Using an attorney
usually brings the case to a solution more quickly than if you
handle the case yourself.
For a lot more information on lemon law and specifics relating
to different states, please visit Lemon Law
Expert
©Copyright 2005 by Lemon Law
Expert
AN OVERVIEW OF BENEFITS (Part I)
SOCIAL SECURITY BENEFITS
Social Security members who were born before the year 1938 are qualified to full social security retirement benefits which will be given when they reach the age of 65. However, for those who just applied for their Social Security in the year 2003, the required age for full retirement benefits will increase to 67. The increase to be implemented is gradual just take for example those members born in 1940 they may be able to get their full retirement benefits when they attained the age of 65 and 6 months. For those members born in 1950 they can get their full retirement benefits at the age of 66 and for those born in 1960 onwards, their full retirement benefits will be given to them at the age of 67.
Social Security also offers early retirement benefits however at a reduced retirement amount. The early retirement is available at age 62 of members. The disadvantage of taking an early retirement benefit is that the monthly benefit is permanently reduced. On the contrary, members who take the early retirement option will be able to receive their benefits for a much longer period of time.
For those who tend to work beyond the full retirement option, the extra income they earn during those extra working years will increase their average income and will likewise increase their monthly retirement benefits. And another advantage for not applying for early retirement is that there are no earning limit for people ages 65 or older.
SOCIAL SECURITY DISABILITY BENEFITS
In order to qualify for social security benefits, members applying must be suffering from a physical or mental impairment that is keeping him or her from doing any important work for at least a year. Another consideration is that the disability condition is anticipated to result in the death of the disabled member.
Disabled members are expected to file their disability claim the soonest time possible since disability claims really takes a long time to process. In most cases the monthly disability benefit if approved begins on the sixth month of the disability.
The Social Security Disability Benefits is reduced when members have other government disability benefits. The standard rule for the amount of disability payments that a member or his/her family is supposed to receive must not exceed 80% of the averaged earning before a member becomes disabled.
The Social Security Benefits is given until the member’s condition improves and returns to work. However, if ever the member didn’t recover from his or her disability the disability benefit continues as well as the Medicare benefit.
For suggestions and comments kindly visit
Los Angeles Social Security Disability Attorney
About the Author
Jinky C. Mesias is a graduate of Bachelor of Arts and Sciences in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.
Canadian Immigration Pass Mark
As you may already know, life in Canada provides many
advantages, including universal health care and reduced safety
concerns. For this reason, Canada had to implement a program
that would prevent the country from being overwhelmed by
immigrants. Having an influx of too many new people would simply
be too great a strain on the current system and could cause it
to collapse.
Canada does want immigrants to come to their country. Otherwise,
they wouldn’t have lowered the required Pass-Mark score from 75
to 67. However, they do want to ensure that all new immigrants
will be able to fit into their culture, will be able to support
themselves and their families, and will make a positive
contribution to the community into which they move.
The Pass-Mark system is a method of evaluating individuals who
apply to become permanent Canadian residents based on those
standards.
Elements of the Pass-Mark System
The Pass-Mark System evaluates applicants in six areas:
* Education * Language ability * Work experience * Age *
Arranged employment in Canada * Adaptability
Each of these areas can earn you a specific number of points
based on your responses.
The maximum number of points available for each area is listed
below:
Education - 25 points Language - 24 points Work experience -
21 points Age - 10 points Arranged employment in Canada - 10
points Adaptability - 10 points
In my next article, we’ll talk a little about what each of the
focus of each of these different areas.
Why Litigation Is Nothing More Than A Business Tool - 26 Unb
From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be (prudently) used and mastered.
I will, as briefly as I can, memorialize the salient points of using litigation as a business tool.
Now before I start, I want it on the record, some 50% of my 30-year track record of litigation has had nothing to do with winning money, i.e., many lawsuits have been over principle, some were to right a heinous wrong such as slanderous remarks made about me; and some were because an entity just needed a good comeuppance and nobody else would carry the flag into battle.
I, like Don Quixote, have fought many a windmill.
As you’ve heard me speak and write about, when building your ‘Dream Team,’ you want Big Five accountants and a large national or international firm of lawyers - the best representation you can’t afford!
Unlike the success-oriented fees I coach you to use when facilitating transactions, no law firm will litigate initially on this basis.
Perhaps if your case is especially strong, they will do it on a contingency basis. Unfortunately, you will be using, from time-to-time, litigation as a positioning tool and your case may not be something you can seriously leverage.
A year or two ago, being left with a pig-in-a-poke, I had to litigate a case having specious facts at best to support my desired outcome. Fortunately, our (my) apparent lust for litigation was stronger than their desire to fight a hard fight, so a reasonably good settlement was finally arrived at.
Of course, during this process my good lawyers counseled us, advising our case needed to be much stronger, etc. Even with great lawyers, it is their job to tell you the downside risks. Again, what happens is you are often scared from pursuing your case.
Good lawyers win so-so lawsuits. Great lawyers can win lawsuits in which you have little or no chance to win.
Three of my favorite litigators over the years are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have dug me out of some pretty big black holes.
I’ve dealt with them 10 and 20 years respectively. They are worth every penny they charge!
Our judicial system works, but we grow up being afraid of it. It’s way out of our comfort zone so we preclude ourselves from benefitting from it. Normally the cost associated with it keeps us from using it.
In fact, I’m currently embroiled in litigation where the ancillary players to the litigation have rights which are being severely violated. A large group of people could bring great pressure to bear, but they’re afraid because of previous bad experiences. They could get what they deserve but aren’t pursuing their best interests.
There are lawyers who take on cases for humanitarian reasons, if the case warrants, in business as well, i.e., big major corporations taking advantage of the system because of their size alone.
Why do you want to initiate the lawsuit so you are the plaintiff? As the plaintiff, you pick where and when the lawsuit is fought and probably ultimately adjudicated.
This can be a huge advantage. And secondly, the plaintiff is allowed two closing arguments, meaning you (your lawyer) gets to address the judge and/or jury once and then again after the defendants’ closing argument. This can also be very important.
26 Unbreakable Rules of Litigation
#1 CHOOSE YOUR BATTLES
#2 CHOOSE THE VENUE
#3 BE THE PLAINTIFF
#4 HAVE THE BEST REPRESENTATION
#5 LISTEN TO YOUR HEART
#6 DON’T LISTEN TO YOUR SICK STOMACH WHEN YOU’RE OUT OF YOUR COMFORT ZONE
#7 DON’T LISTEN TO RELATIVES, FRIENDS, ET AL
#8 LISTEN TO EXPERIENCED LITIGANTS - LIKE ME!
#9 GENERALLY SPEAKING, DON’T WORRY ABOUT THE COST (THIS IS VERY HARD!)
#10 BIG LAWSUITS ARE BETTER THAN SMALL ONES
#11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY
#12 PREPARATION (YOURS) IS EVERYTHING - KNOW THE FACTS
#13 PRACTICE DEPOSITIONS AND TRIALS
#14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)
#15 NEVER GIVE UP
#16 DON’T BE INTIMIDATED BY THE PROCESS
#17 USE MOCK TRIALS (PRETEND TRIALS YOU DO IN FRONT OF A HIRED JURY)
#18 DRESS SIMPLE AND CONSERVATIVELY IN COURT - NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN
#19 DON’T LOSE YOUR TEMPER IN COURT - IT’S OKAY TO CRY IF IT’S REAL
#20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY
#21 NO QUOTES TO THE PRESS OTHER THAN ‘WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT’. YOUR WORDS CAN EASILY BE TURNED AROUND.
#22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE - YOU NEVER KNOW WHO MIGHT OVERHEAR
#23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM
#24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.
#25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE CAMERA AND THE JURY. MAKE EYE CONTACT.
#26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON’T KNOW THE ANSWER, SAY YOU DON’T KNOW THE ANSWER
It’s a closed world of top litigators. Virtually all big law firms have good to super-good lawyers. All big law firms don’t have great litigators. You don’t always need a great lawyer, but sometime if you grow geometrically, you will.
Like any other project management, litigation must be managed. Unfortunately, like speech-giving, you become a great litigant by going through a learning curve.
I don’t mean you have to get involved in losing efforts (like making bad speeches so after some time you make good speeches) to get in a position to win in court. Large law firms will allow you to get ahead of the learning curve.
The Quantum Leap methodology talks ad nauseam about following your dreams. Life without dreams is like a bird with a broken wing - it can’t fly. I wrote this newsletter because sometimes you’ll need litigation to follow your dream.
Go out and kick some butt, and don’t let conventional wisdom keep you from achieving your dream.
Conventional wisdom says Don’t Litigate.
All high-performance people and the great organizations of the last one hundred years did and do litigate as I write this letter.
Don’t litigate frivolously - but don’t be afraid to either.
To Your Quantum Leap,
Daniel S. Peña, Sr.
Mr. Peña turned $820 into $400 million market-valued energy company in 8 short years! Now he’s coaching others how to duplicate his success. Visit: http://www.danpena.com/docs/products.php
How to choose the best Boston personal injury law firm
You should start looking on the Internet - it’s a quick and easy way to get lots of information about them. Virtually every Boston personal injury law firm has its website, so you can even contact all of them via e-mail if you really wish. The problems begin when you try to sift all this information in order to decide which Boston personal injury law company is the best for you.
Finding the best attorneys
If you want to decide if they’re good enough, you have to see them personally. No phones and no e-mails - just an old-fashioned face-to-face meeting. Look for problems - especially for them being too optimistic and the using of lawyers’ doublespeak. There are lots of such attorneys in Boston, but the personal injury law company you hire must be completely honest with you. You don’t need any lies or half-truths - you’ve heard enough of them from the doctors. You have to know exactly what’s going on. In Boston, personal injury law firm which follows this policy is something uncommon, but it is still possible to find. Look for the false in the lawyer’s words. If you can’t find it, hire them. He is either a too good actor or he is honest - and both possibilities bode well for the case you hope to win.
Coping with possible problems
Unfortunately your problems do not end at the moment you hire an injury lawyer. The merely begin. You still have to visit some courts in Boston, as your personal injury law company progress should be checked constantly. Even if you don’t have to go to the courthouse, you’d better do it. Listening to what your attorney says about how the case develops is one thing, seeing it with your own eyes is completely another. The lawyers will do their best when they know that they are watched by their clients.
The second most important problem is not about your attorney, but about yourself. You can’t be impatient or nervous and you must stay calm when you talk to your lawyers if you really want them to be honest with you. You have to understand them - no Boston personal injury law company can be a law firm and psychoanalyst’s office at the same time. They have to understand you, but you also have to understand them even if you don’t like what they say.
Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law