Farella Braun + Martel’s James Bruen Inducted into International Association of Defense Counsel | PRLog

Farella Braun + Martel’s James Bruen Inducted into International Association of Defense Counsel | PRLog

PRLog (Press Release)May 23, 2011 – Farella Braun + Martel announces that Partner James A. Bruen was selected to join the International Association of Defense Counsel (IADC).  Bruen is a member of the firm’s Environmental Law Department and Product Law Practice Group.

Founded in 1920, IADC is a prestigious international organization composed of prominent and leading corporate and insurance attorneys.  Its activities benefit the approximately 2,500 invitation-only, peer-reviewed members and their clients as well as the civil justice system and the legal profession.

For more than 40 years, Bruen has represented domestic and international industry, university and governmental institutions in products liability and environmental counseling and litigation.  He advises on product design, manufacturing, distribution and stewardship issues, as well as on sustainable development issues, such as Environment, Health and Safety Management Systems.  Bruen serves as lead trial counsel in litigation regarding mass torts, natural resource damages, environmental enforcements, environmental cost recovery and contributions, and white collar environmental crimes defense.  He is nationally known for his expertise in emergency response and crisis management and is a member of the Association for Conflict Resolution.

Bruen is a Fellow of the American College of Environmental Lawyers, where he serves as the Region 9 Membership Chair.  He is an internationally known author and lecturer in environmental and products liability law and has received numerous recognitions in this discipline.  In 2009, he was designated as one of the nation’s 16 “Distinguished Environmental Advocates” by the American Bar Association.  Among other recognitions, he is listed as a top environmental lawyer in California in Chambers USA, the Best Lawyers in America (Environmental Law and Mass Tort Litigation), Expert Guides’ The Best of the Best (Environment), Practical Law Company's Which Lawyer? (Environment) and Who’s Who Legal Environment.

Farella Braun + Martel represents clients throughout the United States and abroad in sophisticated business transactions and high-stakes commercial, civil and criminal 1427226736  litigation. Founded in 1962, we are headquartered in San Francisco and maintain an office in the Napa Valley that is focused on the wine industry. We are known for our imaginative legal solutions and the dynamism and intellectual creativity of our lawyers. With our unwavering service ethic and interdisciplinary team approach, we are committed to advancing our clients' objectives in the most effective, coordinated and efficient manner. www.fbm.com

Eastday-Volunteer lawyers helping abused children

Eastday-Volunteer lawyers helping abused children

BEIJING - China has formed the world's largest network of volunteer lawyers in a bid to protect minors' rights.

The network, which now has 8,900 lawyers on its books, was established by the Special Committee of Child Protection under the All China Lawyers Association.

When it was set up in the 1990s, the network had fewer than 100 volunteer lawyers.

"The safeguarding of children's rights is an important step in the prevention of juvenile delinquency," said Tong Lihua, director of the Beijing Children's Legal Aid and Research Center and an expert on juvenile law.

According to statistics released by the Department of Legal Aid within the Ministry of Justice, legal aid departments across the country handled 87,530 cases concerning the infringement of children's rights during the past year and offered free legal advice to more than 1.1 million minors.

"Since minors have their own social character, we spared no effort in extending legal aid services to them," said Sun Jianying, director of the legal aid department at the ministry.

Sun said 12 provinces have included domestic violence, abuse and abandonment as legal aid matters.

Some 14 provinces, including Liaoning, Jilin and Hubei, offered legal aid to minors seeking compensation for trauma they had suffered.

However, experts said the defense of children's rights is still a long and arduous process.

"For example, in cases in which children have suffered from domestic violence, they cannot even sue their parents without their guardians' signature of consent," said Zhang Wenjuan, deputy director of the legal aid center.

"It is probably because of the Chinese traditional belief that parents would never harm their own children but what if they do, or if the family is incapable of taking care of its children?"

Xiao Long (not his real name), a 10-year-old boy in Beijing, has lived for years in temporary shelters for homeless children, ever since his father died and his mother became disabled.

Local civil affairs departments agreed to act as Xiao Long's guardian and admitted him to the children's home, where he could stay permanently, only after lawyers coordinated with various departments.

"The crux of the problem is that the law says relative departments should shoulder the responsibility of taking care of such children but does not make clear exactly which department has that responsibility," Zhang said.

Since legal action alone cannot provide the warm family atmosphere a child needs, Zhang urged other government departments to establish security system for such children.

During this year's Chinese People's Political Consultative Conference, representative Yang Chunxing put forward a draft piece of legislation calling for a law to be enacted to terminate parents' right to have custody over their children if the children have been abused.

"We have to build a national level guardianship organization for the children," Yang said.

Lawyer robbed of 100 sovereigns jewellery - southindia - Chennai - ibnlive

Lawyer robbed of 100 sovereigns jewellery - southindia - Chennai - ibnlive

CHENNAI: An advocate from Salem reported theft of his bag containing 100 sovereigns of gold jewellery in a bus at Guindy on Sunday.

A Raja (37), a lawyer running a nursery and a primary school at Linemedu in Salem, said he boarded a Chennai-bound bus along with his daughter at 11 pm on Saturday. He had a travel bag containing 100 sovereigns of gold jewellery.

Raja’s family had planned a party for his father-in-law who was retiring from Central government service. He said he had brought the jewels for his wife, Umasuriya, to wear during the party. When the bus reached Kathipara junction, Guindy, Raja noticed the bag missing.

Raja claimed that he rushed to the Teynampet police station to file a complaint, but cops there turned him away citing jurisdictional reasons. He then approached the Guindy police, who initially refused to file an FIR for the same reason, but later relented. Another passenger, Shakthivel of Azhagapuram in Salem, who was also travelling in the same bus, also found his suitcase containing Rs 25,000 stolen.

A 38-year-old mason was fatally knocked down by a sand-laden lorry at Thoraipakkam on Sunday.

Police said K Chandran of in Aminjikarai came to the Thiruvidanthai temple with his wife Mahalakshmi and two children. After sending them off in a bus, Chandran left on his bike. At Injambakkam on ECR, he was hit by a sand-laden lorry from behind and killed on the spot.

House Arrest Starts for Strauss-Kahn

House Arrest Starts for Strauss-Kahn

BY ASHBY JONES AND MICHAEL ROTHFELD

NEW YORK—Dominique Strauss-Kahn is out of jail, but the experience of others who have faced house-arrest arrangements as tight as his suggests the former International Monetary Fund chief faces a trying time.

Mr. Strauss-Kahn, accused of sexually assaulting a hotel maid earlier this month, will be forbidden to leave a New York City apartment for all but a few situations. The arrangement calls for at least one armed guard to keep him under close surveillance 24 hours a day, seven-days a week—all at Mr. Strauss-Kahn's expense.

"It's not jail, so it's great relief for the first few weeks," said David ...

Why judges need to talk to kids

Why judges need to talk to kids

Get over it. That was family law specialist Alf MamoÂ’s implicit message to judges who still refuse to speak with children ages 12 or older in custody or access matters, despite those children being willing and able to speak with the court.

Mamo, of McKenzie Lake Lawyers in London, Ont., spoke at the Annual Institute of Family Law in Ottawa, sponsored by the Carleton County Law Association. The one-day conference on April 8 also featured useful advice on advocacy from Ottawa’s four “core” Ontario Superior Court Family Branch judges, including its new administrative judge, who delivered the eye-opening news that because of the deluge of family cases, she and her colleagues often have only 7.5 minutes “per side” of a case to read and prepare for a motion, and 15 minutes per side to prepare for a settlement conference.

“ ‘Hit me with your best shotÂ’ has to be your motto,” Justice Jennifer Mackinnon advised. “Clear writing is a sign of clear thinking. What are the most essential facts to tell me that I can absorb in 15 minutes?”

In his talk, Mamo took aim at all the traditional judicial arguments against interviewing children, including the persistent notion that children are psychologically damaged by participating in a court-based decision-making process aimed at determining their best interests. 

That view is unsupported by empirical research, Mamo contends.

“We have had a lot of controversial cases recently about parental alienation and high-conflict cases, where judges have specifically refused to interview children, saying ‘Well, we know what they are going to say because they have been programmed by one side or the other,’” Mamo told The Lawyers Weekly.

“The reality is even if they have been programmed [by a parent], that is what their experience is about. The judge should know about that. The judge should know how they are feeling. And the judge should know how their decision is going to impact these children. Not ignore them.”

Mamo pointed out that the Supreme Court has ruled that “mature minors” can make life-and-death decisions about their medical treatment.

“Yet when it comes to custody and access, when it comes to finding out where the children want to live, finding out who they want to live with, what their schedule might be, we donÂ’t give them the respect to make that decision — there is something wrong with the dichotomy,” he suggested.

Mamo stressed he doesnÂ’t want children to decide questions around custody and access, but “we need to respect the integrity of the person — whether itÂ’s a life and death decision, or a decision with respect to where they are going to be living, and who they are going to be living with,” he says. “It doesnÂ’t mean we always agree with them. It doesnÂ’t mean that they make the decision. But it means they have to have input directly with the decision-maker.”

Mamo is among a growing number of lawyers, academics and judges who favour legislative changes and/or protocols to be created, in provinces such as Ontario and B.C. which donÂ’t routinely offer children the opportunity to speak with judges (in Quebec, such interviews are common).

“We have seen a true sea change in this area in the last three years — a remarkable change in attitude,” says TorontoÂ’s Martha McCarthy, co-chair of the family law practice group of OntarioÂ’s Advocate Society.

McCarthy, and Dan Goldberg on behalf of the Ontario chapter of the Association of Family and Conciliation Courts, are co-chairing a committee of lawyers, academics and mental health professionals who are writing a discussion paper exploring when judicial interviews are appropriate and what best practices might be.

“I think there is a great variety in judicial attitudes,” McCarthy says. “Some say ‘I am never going to do it.’ Some say it will always be appropriate, and sort of everything in between. And a lot of judges say ‘I need some education and training if you are going to start suggesting that this is what I should do.’ ”

McCarthy told The Lawyers Weekly the discussion paper will be finished before yearÂ’s end, with a town hall meeting slated for next March.

“The goal is to have a uniform set of practices [across the province],” she says. “To have reference material for the judiciary. To have, hopefully, a model for some kind of judicial training — and there is some discussion about whether there is a need to actually reform” OntarioÂ’s ChildrenÂ’s Law Reform Act.

The last panel of the conference offered lawyers practical tips for effective oral and written advocacy from four “core” family law judges.

Justice Mackinnon’s predecessor as administrative judge, Justice Jennifer Blishen, emphasized that good advocacy starts in your pleadings and “you can never go wrong with doing a good factum.”

As for oral advocacy, “I want to know right off the bat what you want,” she stressed.That means clearly outlining the outstanding issues. “Start with the most important,” she advised. Be creative. Be reasonable. Be thorough. Be concise.

And it is key to give alternatives to the judge, she emphasized. “Give the judge something to work with. But don’t throw the whole kitchen sink at him or her. The decision is only as effective as your submissions.”

The judges also said counsel’s behaviour in court should be impeccable. Only one counsel should be on his or her feet at a time, stipulated Justice Alan Sheffield. Added Justice Blishen, be on time and follow the rules. “We [judges] talk to each other. Watch your reputation.”

Counsel are expected to know their cases well. They should welcome questions, since questions may signal issues the judge finds confusing. If a judge is taking notes during your submission, it can be helpful to pause to let him or her finish and to make eye contact before continuing, advised Justice Blishen.

What a Public Bank Could Mean for California

What a Public Bank Could Mean for California

California is the eighth largest economy in the world, and it has a debt burden to match. It has outstanding general obligation bonds and revenue bonds of $158 billion, largely incurred for infrastructure. Of this tab, $70 billion is just for interest. Over $7 billion of Californias annual budget goes to pay interest on the states debt.

As large as Californias liabilities are, they are exceeded by its assets, which are sufficient to capitalize a bank rivaling any in the world. Thats the idea behind Assembly Bill 750, introduced by Assemblyman Ben Hueso of San Diego, which would establish a blue ribbon task force to consider the viability of creating the California Investment Trust, a state bank receiving deposits of state funds. Instead of relying on Wall Street banks for credit or allowing a Wall Street bank to enjoy the benefits of lending its capital California may decide to create its own, publicly-owned bank.

On May 2, AB 750 moved out of the Banking and Finance Committee with only one nay vote and is now on its way to the Appropriations Committee. Three unions submitted their support for the bill the California Nurses Association, the California Firefighters, and the California Labor Council. The state bank idea also got a nod from former Secretary of Labor Robert Reich in his  speech  at the California Democratic Convention in Sacramento the previous day.

Why a State Bank?

California joins eleven other states that have introduced bills to form state-owned banks or to study their feasibility. Eight of these bills were introduced just since January, including in Oregon, Washington State, Massachusetts, Arizona, Maryland, New Mexico, Maine and California. Illinois, Virginia, Hawaii and Louisiana introduced similar bills in 2010. For links, dates and text, see  here .

All of these bills were inspired by the Bank of North Dakota (BND), currently the nations only state-owned bank. While other states are teetering on bankruptcy, the state of North Dakota continues to report  surpluses . On April 20, the BND  reported  profits for 2010 of $62 million, setting a record for the seventh straight year. The BNDs profits belong to the citizens and are produced without taxation.

The BND partners with local banks in providing much-needed credit for local businesses and homeowners. It also helps with state and local government funding. When North Dakota went over-budget a few years ago, according to the banks president  Eric Hardmeyer , the BND acted as a rainy day fund for the state. And when a North Dakota town suffered a massive flood, the BND provided emergency credit lines to the city. Having a cheap and readily available credit line with the states own bank reduces the need for massive rainy-day funds (which are largely invested in out-of-state banks at very modest interest).

The  Center for State Innovation , based in Madison, Wisconsin, was commissioned to do detailed analyses for the  Washington  and  Oregon  bills. Their conclusion was that a state-owned bank on the model of the Bank of North Dakota would have a substantial positive impact in those states, increasing employment, new lending, and government revenue.

Banks create bank credit from capital and deposits, as explained  here . Under existing capital requirements, $8 in capital can be leveraged into $100 in loans, drawing on the liquidity provided by the deposits to clear the outgoing checks. Assuming a 10% reserve requirement (the amount in deposits normally held in reserve), $8 in capital and $100 in deposits are sufficient to create $90 in loans ($100 less $10 held back for reserves).

In North Dakota (population 647,000), the Bank of North Dakota has $2.7 billion in deposits, or $4000 per capita. The majority of these deposits are drawn from the states own revenues. The bank has nearly the same sum ($2.6 billion) in outstanding loans.

California has 37 million people. If the California Investment Trust (CIT) performed like the BND, it might amass $148 billion in deposits. With $12 billion in capital, this $148 billion could generate $133 billion in credit for the state (subtracting 10%, or 14.8 billion, to satisfy reserve requirements).

There are various ways the state could come up with the capital, but one possibility that would not require new taxes or debt would be to simply draw on the treasurers existing  pooled money investment account , which currently contains $65 billion in accumulated revenues dispersed to a variety of funds. This money is already invested; a portion could just be shifted to the CIT. Since it would be an investment in equity rather than an expenditure, it would not cost the state money. Rather, it would make money for the state. In recent years, the Bank of North Dakota has had a return on equity of 25-26%. Compare the 25-30% lost in the two years following the 2008 banking crisis by CalPERS, the California Public Employees Retirement System, which invested its money on Wall Street.

There are many inviting possibilities for applying the CITs $133 billion in credit power, but here is one easy alternative that illustrates the cost-effectiveness of the approach. Assume the bank invested $133 billion in municipal bonds at 5% interest. This would give the state close to $7 billion annually in interest income nearly enough to pay the interest tab on the states debt.

What California can do with its own bank, other states can do as well, on a scale proportionate to their populations and economies. North Dakota has a population that is less than 1/10th the size of Los Angeles; the BND produced $62 million in revenue last year and $2.2 billion in loans. Larger states could generate much more.

We have been trapped in an austere neo-liberal economic model in which the only alternatives are to slash services, raise taxes, and sell off public assets, all in a futile attempt to balance the budget in a shrinking economy. We need to start thinking outside the box. We can choose prosperity, and public banks are a key tool for achieving that end.

Ellen Brown wrote this article for YES! Magazine. Ellen is an attorney and president of the Public Banking Institute,  http://PublicBankingInstitute.org . In Web of Debt, her latest of eleven books, she shows how people can reclaim the power to create money. Her websites are  http://webofdebt.com  and http://ellenbrown.com .

U.S. Transportation Policy Has Broken Down. Here's How to Fix It. - WSJ.com

U.S. Transportation Policy Has Broken Down. Here's How to Fix It. - WSJ.com

America needs to start directing traffic.

The public sector spends north of $170 billion each year on transportation, and we'll need to spend even more to modernize our battered infrastructure.

But before we start writing more checks, we need to stop and think long and hard about transportation. Not only are we spending too little right now, but we're also not spending it wisely.

The nation lacks a clear-cut vision for transportation, and no way to target spending to make sure all those billions of dollars help achieve our economic and environmental goals. That means we have a lot of bridges to nowhere, with nobody making sure that these big investments generate enough returns to be worthwhile, or that they address any number of the large, thorny problems that are crucial to the well-being of the nation.

For instance, we do a great job of building new roads—since 2000, we've added enough new lane miles to circle the globe four times. Yet border crossings, crucial to our nation's exports, are chronically congested, and there's no concerted effort to help unblock them. Meanwhile, at the government's urging, companies are gearing up to produce large numbers of electric cars, but there is no assurance that drivers will have anywhere close to enough places to recharge them.

We can't afford to do this anymore, with the economy struggling and the nation trying to achieve a host of conflicting priorities. We want to be energy independent and go green. But we also want to boost exports, which means putting more trucks on the road to chug fuel and cough out carbon. We want the mobility that comes from cars and planes. But we also want to reduce the amount of energy expended when we travel.

Clearly, we need a new approach. Transportation needs to be put squarely in the service of the American economy. We must coordinate the efforts of the public and private sectors to make it easier to move freight, find ways to cut carbon emissions, integrate new technologies into daily commutes and connect workers to jobs that are far from their homes.

The big question, of course, is how much it will all cost. And that's tough to answer right now. We have a lot of ideas for the types of new investments we want. But little attention is given to figuring out what may not be needed if we can find smarter alternatives, such as rerouting flights instead of building new airports.

With that in mind, here's a look at the national goals we want to achieve—and how transportation policy can—no, must—be rethought to achieve them.

The country needs to become more export-oriented for the future health of the economy. But right now there's no way to make sure that the nation's ports, border crossings and roadways are set up to accomplish that goal.

For one thing, there's far too little attention paid to making sure that traffic at border crossings moves swiftly. Our crossings into Mexico and Canada are routinely clogged, interrupting the flow of trade.

Consider the challenges facing Detroit—part of the largest binational trading corridor on the planet, linking the U.S. and Canadian auto industries and other sectors with highly integrated, transport-dependent, "just in time" supply chains and their smaller, more frequent shipments. Canada is our nation's largest trading partner, and Detroit's Ambassador Bridge is the No. 1 border point for commerce between the two countries.

It's a crucial corridor—but there are relatively few border crossings because of the Great Lakes. So traffic piles up at bridges and tunnels, with freight competing with passenger cars to get through tightened security checkpoints. Trucks also clog the roads of Detroit as they shuttle freight between ports and large distribution centers and warehouses.

The export problem isn't just a matter of insufficient infrastructure. States and cities routinely compete against one another for shipping activity instead of coming up with joint efforts that might benefit all the terminals in the region. Without an overall strategy, there's a duplication of efforts and a duplication of subsidies that hurts the economy, given scarce resources.

Collaboration is needed—between the federal government, states, metro areas, freight industry and shippers. We need to come up with a comprehensive plan that identifies the best ways to help the flow of freight.

The plan might identify the most important corridors for freight, for instance, and then target investments to improve safety, relieve bottlenecks and provide better access to ports. That might mean new roads leading to ports or, in some instances, truck-only lanes on existing roads.

Similarly, the U.S., Canada, and Mexico should also come together to study infrastructure needs at the land borders and along the corridors that link the two borders together.

For now, some states are coming up with innovative solutions on their own—solutions that could and should become widespread under a national transportation policy.

Back in Detroit, for instance, the national governments of the U.S. and Canada, along with lawmakers in Michigan and Ontario, are trying to build a new bridge across the Detroit River to help keep trade flowing—a plan that's awaiting final legislative approval. Meanwhile, the World Trade Bridge in Laredo, Texas, has introduced tags for electronic toll collection to speed traffic and reduce wait times.

Then, of course, there's the issue of competition between ports for shipping business. One way to ease that problem: Tell states their ports won't get any federal aid unless they work with their neighbors to boost business in the whole region.

And those agreements need to be carefully structured and policed to make sure they don't collapse—which happens all too easily. Consider the current mess involving Jasper Ocean Terminal on the Savannah River, the border between South Carolina and Georgia. In 2007, the two states agreed to develop the terminal together, and create a special entity to own and operate it.

That's good. But what came later wasn't. After the governors who signed the deal left office, the terminal became a point of contention between the states. What happened? Georgia decided it wanted to deepen another one of its own harbors, a move that South Carolina sees as a challenge to its own facilities. So, South Carolina has stopped funding the Jasper facility unless the Georgia dredging plan is scrapped. Now, I ask you: How does any of this help get us closer to our national goals?

Transportation for the next U.S. economy also needs to be low carbon—to boost air quality, give us greater energy security and unleash entrepreneurial activity around green technology. Yet the U.S. has been slow to address the problem—again, in large part, because there's no guiding authority making sure all of the players talk to each other and don't work at cross purposes.

Take electric cars. The Obama administration's goal to put one million electric vehicles on the road by the year 2015 is exactly the kind of ambitious, far-reaching goal we need at this moment. But where are drivers supposed to charge them? There are only about 1,000 public charging stations around the U.S. today. While the number is increasing, drivers aren't going to feel comfortable investing in a pricey new vehicle unless they're certain they can keep it powered up no matter where they go.

There are so few charging stations because the auto industry never got together with the government and came up with standards for them. There's no agreement about what they ought to look like or how they should operate.

The public and private sector need to come together on this issue. One spur to help them: the administration's proposal, currently working its way through Congress, to reward communities that invest in electric vehicles and infrastructure through a $200 million grant program.

Another flaw that keeps us from going greener: The rules governing transportation policy continue to favor roads over transit and other alternatives to traditional highway building.

Projects using highway dollars are subject to perfunctory review and enjoy a federal funding contribution of 80% or 90% of the project's cost. Transit projects, in contrast, are subject to a rigorous bureaucratic process and a federal contribution of less than half of the project cost. So, cities have a tendency to favor building new roads over mass transit—which means more pollution and often poor solutions to current economic and social problems.

We need equal treatment of all possible transportation projects, so cities don't have to give up on, say, transit systems that fit their needs and help us go green, just because they cost more than highways.

We have tremendous technology available that could help make transportation smoother and more efficient. Traffic signals that are centrally controlled by computer can optimize the flow of traffic. Electronic toll-collection tags let drivers pay without stopping. Changeable signs can provide information about the next bus or train, or rough traffic conditions ahead. Freeway-management centers are able to spot roadway incidents, dispatch service vehicles to clear accidents and get traffic moving again.

These technologies can help address myriad problems. For one, there's congestion, which is estimated to cost the U.S. nearly $200 billion annually in lost productivity and environmental impact. For another, better information about bad weather and traffic can help drivers avoid crashes and mitigate the $230 billion annual economic impact that comes from accidents. There are also indirect economic benefits to going high-tech—like spurring growth among companies that design and produce the electronic gear.

Yet the deployment of this smart technology in our roadways and transit systems is lagging. Only one-third of metropolitan buses are electronically monitored in real time, for example, and less than 1% of bus stops are equipped with electronic displays of traveler information for the public.

Part of the reason is that there's no incentive for cities to deploy these innovations, since transportation dollars aren't distributed based on performance. You don't get bonus money for having fewer accidents or delays on your roadways, or giving your commuters better information about delays.

To be sure, transportation agencies are feeling their own budgetary pressures and fiscal challenges, but these technological fixes are relatively inexpensive. Ironically, they are often cut in shortsighted attempts to save money.

We need to change the system to reward innovation and efficiency, and have a public-private partnership to get this kind of technology deployed across the country. In a sense, we just need to encourage more of what's already going on in some places. Already, public entities buy technology from private companies and put it in the field. And public entities share their data with companies to develop new technologies, such as systems that track buses on their routes. Give municipalities ample rewards for getting efficient, such as grants and tax breaks, and this back-and-forth will happen naturally.

One effort under way at the federal level could help these technologies along. The U.S. Transportation Department is working with public and private entities to come up with tools and metrics needed to deploy wireless technologies in cars and on roadways. The goal is to help on things like crash avoidance or sending drivers information about congestion to help avoid delays.

Finally, we have to make it easier for people to get to their jobs. Lower-income households depend more on transit than other households to access labor-market opportunity, due to the high costs of car ownership. Transit does a good job of getting into low-income neighborhoods, but it doesn't do so well connecting those riders to jobs, particularly lower-skilled jobs.

In some metro areas, inner-city workers are cut off from suburban labor-market opportunities. In others, low-income suburban residents spend large shares of their income on owning and operating a car. Only about one-quarter of jobs in low- and middle-skill industries are accessible via public transit within 90 minutes for the typical metropolitan commuter, compared with one-third of jobs in high-skill industries. In Los Angeles, for example, 99% of low-income neighborhoods are served by transit. However, the typical resident can get to only 36% of jobs by transit.

We need to give those lower-skilled workers more mobility and access to opportunity—which means more transportation choices. Governments need to think differently about the problem, to look at where jobs and workers are and figure out creative ways to bring them together.

For an idea of the way ahead, consider Los Angeles. Under a far-reaching plan by Mayor Antonio Villaraigosa, the city will add and extend bus lines and create corridors to connect residential and commercial areas. The Westside Subway Extension will also include a station at Century City, one of the largest employment centers in the county.

Congress could help on projects like this by working with states to speed up approvals. For example, states with very strong environmental review and planning processes—such as California—should be able to waive steps such as the draft environmental impact statement that the federal government requires.

Another important step would be a national infrastructure bank. A quasipublic entity like the Tennessee Valley Authority or Amtrak, the bank would make loans to fund transportation projects that were important to the nation as a whole. It would have to not only further policy goals—as a federal agency would—but also demand from project sponsors the same assurances and rate of return that a bank would.

It is not a silver bullet, but if designed and implemented appropriately, it would be a targeted mechanism to make critical new investments on a merit basis, while adhering to market forces and leveraging the private capital we know is ready to invest here in the U.S.

The stakes are too high—for economic recovery and fiscal responsibility—to allow spending that does not result in real returns and put us on the path to long-term prosperity. But even in this moment of fiscal austerity and restraint, we need a playbook that stimulates job creation, takes advantage of private-sector entrepreneurship and financing, and puts us on a path to the Next American Economy. Transportation is a fundamental part of that.

Mr. Puentes is a senior fellow at the Brookings Institution's Metropolitan Policy Program. He can be reached at reports@wsj.com.

California Supreme Court to Hear Controversial Case Regarding Victims’ Compensation: Closely Watched Case Could Result in Windfall Damages in Personal...

California Supreme Court to Hear Controversial Case Regarding Victims’ Compensation: Closely Watched Case Could Result in Windfall Damages in Personal...

The state’s legal community and insurance industry will be watching closely on Tuesday, May 24, 2011, when the California Supreme Court reviews Rebecca Howell v. Hamilton Meats & Provisions, Inc. (case S179115, Supreme Court of California), a precedent-setting case regarding accident victims’ compensation which legal experts say could significantly change how damages are awarded.

Attorney Robert Tyson of Tyson & Mendes, LLP, representing Hamilton Meats, and Gary Simms, representing plaintiff Rebecca Howell, will face off in front of the High Court, arguing a case which could potentially cost insurers and businesses billions of dollars every year.

The case has been under intense scrutiny by both the insurance and legal communities since the Court of Appeals, Fourth Appellate District, reversed a long standing practice allowing personal injury plaintiffs to recover only the amount of medical bills paid by a private health insurance company – versus the total medical expenses charged.

In response to the controversial reversal – which ignited much debate when it was announced in November 2009 -- the law firm of Tyson & Mendes filed a petition for review in December 2009. The State Supreme Court justices voted unanimously to hear that appeal.

According to Robert Tyson, the San Diego-based attorney who filed the petition, the case involves a standard practice in which hospitals bill significantly more than they ever receive from health insurance companies.

Recent appellate court decisions held that plaintiffs may recover not just what is actually paid by the insurance companies, but the full amount of the medical bills, which is typically significantly higher. “Requiring defendant businesses and their insurance companies to pay the total medical bills, which no one ever pays, as opposed to the actual and reasonable medical expenses, grants a super windfall to plaintiffs and their attorneys,” Tyson states.

Tyson says that the issue of payment of medical services is a key component of virtually every personal injury case in this state. Not surprisingly, he says, the law has been in flux since the appellate court decision made news in late 2009. “Insurance companies, businesses, city governments and their legal experts are all watching this case carefully, as insurance costs could skyrocket based on its final outcome. The effect on California consumers could be devastating.”

The appellate court’s ruling involved Rebecca Howell, a San Diego woman who was injured when a truck driven by an employee of Hamilton Meats made an illegal U-turn and hit her car in Encinitas, California. She subsequently underwent numerous surgeries, accruing medical bills totaling nearly $190,000. Her health insurance company settled with the hospital for payment of $59,691, which is standard in such cases.

The motion was later appealed and reversed by the appellate court, which found Howell was entitled to the entire $190,000, marking the first time such an appeal has been granted.

This ruling could have lasting ramifications for individuals, insurance companies and the overall economic climate in California, Tyson notes. “If corporate defendants and insurance companies are now mandated to pay the full medical bills – often three to five times higher than what is actually paid and accepted – consumers will ultimately suffer the consequences, paying more in expensive goods and services and insurance premiums.”

The California Supreme Court has 60 days from Tuesday’s hearing to render its decision.

About Tyson Mendes LLP

Established in 1998, Tyson & Mendes LLP is a minority-owned law firm specializing in business litigation, including commercial and general civil litigation, employment, construction, casualty and products liability, insurance, professional liability, environmental, and automobile and premises liability. With offices in San Diego, Los Angeles, and Riverside, the firm handles litigation throughout all of California. Clients of the firm include corporations, insurance companies, and private individuals. For more information, visit http://www.tysonmendes.com.

US labour dept creates wage app - The Times of India

US labour dept creates wage app - The Times of India

WASHINGTON: Workers who don't trust the boss to keep track of their wages can now do it themselves with a new smartphone application from the Department of Labor. But employers worry that the time sheet app, along with other new initiatives, could encourage even more wage and hour lawsuits.

The app, called DOL-Timesheet, lets workers calculate regular work hours, break time and overtime pay to create their own wage records. Department officials say the information could prove valuable in a dispute over pay or during a government investigation when an employer has failed to keep accurate records.

"This app will help empower workers to understand and stand up for their rights when employers have denied their hard-earned pay," Labor Secretary Hilda Solis said.

The app is the latest example of the Obama administration's push for more aggressive enforcement of wage and hour laws. The agency has hired about 300 more investigators to probe complaints of unpaid work time, lack of overtime pay and minimum wage violations.

Last year, the agency began a "Bridge to Justice" program that, for the first time, helps connect aggrieved workers with private lawyers if the department's Wage and Hour Division is too busy to handle a complaint.

As a result, legal experts say, wage and hour compliance has become a leading concern for employers as the new policies help drive up litigation over unpaid wages, also known as wage theft.

"The government is focusing on it like never before," said Gerald Maatman, an employer-side labor lawyer based in Chicago. "I think the mantra is kind of, `All enforcement, all the time, 24/7.'"

Workers brought a record number of wage and hour suits against employers last year, according to an analysis of court filings by Maatman's firm, Seyfarth Shaw. Nearly 6,800 such suits were filed in 2010, about 700 more than the previous year. Most were collective or class actions.

"The concern is that the Department of Labor is putting a lot more attention into this area and employers, at the same time, are putting more hours, more money and more work into auditing and complying with wage and hour laws," Maatman said. "It's turning into somewhat of a full-time job."

The stepped up enforcement is a change from the Bush administration, when some critics accused President George W. Bush's labor secretary, Elaine Chao, of favoring businesses and weakening job safety and enforcement efforts.

While employers are not surprised about increased enforcement, they have questioned some tactics, such as a program that gives workers a toll-free number to contact an attorney referral service run by the American Bar Association.

The Wage and Hour Division gets more than 35,000 calls a year for help and doesn't have the resources to deal with every claim. For those it can't help, it now refers them to the toll-free hot line, where they can be referred to a lawyer who specializes in wage and hour disputes.

Michael Kun, a management-side employment lawyer in Los Angeles, calls the program "a gift to plaintiff's lawyers."

"A DOL investigator has no incentive to pursue a meritless claim," Kun said. "A plaintiff's lawyer has some incentive to do that to get some sort of nuisance value."

Patricia Smith, the Labor Department's top lawyer, says the criticism has taken her by surprise. Before the Bridge to Justice program, the department simply told workers they had a private right of action.

"This just gives them a little more information if they want to exercise it, to go to an attorney that's qualified, as opposed to calling the guy who has advertisements on television at midnight," Smith said.

Nancy Leppink, who heads the Wage and Hour Division, says the office is just doing the job it's supposed to do, which is going after employers who cheat workers out of their hard-earned wages.

"To the extent we have employers who are not complying with the law, we have an obligation to look for all of the opportunities we can to change that behavior," Leppink said.

That includes the department's "We can help" advertising campaign last year, designed to educate employees in the food service, hospitality, apparel, manufacturing and construction industries about their legal rights under federal wage and hour laws.

Wage theft is especially prevalent among immigrant workers who don't speak English or hesitate to challenge their boss for fear of jeopardizing immigration status, labor officials say.

Earlier this year, for example, the department recovered $1.8 million in back wages for nearly 400 workers at the Houston-based Hong Kong Market grocery chain. Investigators found some employees worked as many as 70 hours a week, but were paid less than the minimum wage and denied overtime pay. Labor officials said the company deliberately misled investigators by falsifying payroll records.

The new smart phone app is expected to help low wage immigrant workers, many of whom can't afford a computer, but keep cell phones as a lifeline to family back home.

The app is currently available for the iPhone and iPod Touch, but the agency is exploring versions for use on other devices, including Blackberry and Android smartphones

Puerto Rican nationalist: Not guilty in big heist

Puerto Rican nationalist: Not guilty in big heist

A graying Puerto Rican nationalist sought by U.S. authorities for more than a quarter century pleaded not guilty Friday to charges in connection with one of the nation's largest robberies.

A smiling Norberto Gonzalez Claudio, 65, entered his pleas through an interpreter before U.S. Magistrate Judge Donna Martinez. He faces 15 federal counts, including bank robbery, conspiracy and transportation of stolen money for his alleged role in the 1983 robbery of $7 million at a Wells Fargo armored car depot in West Hartford

The most serious charges each carry a possible 25-year prison sentence. Gonzalez was originally charged in 1985, but wasn't found until earlier this month in Puerto Rico.

He was ordered held without bond as a flight risk. Gonzalez, sporting a gray beard and glasses, said little during the hearing, acknowledging his rights and saying "no culpable," Spanish for not guilty, each time he was asked for a plea.

Outside the courtroom, his 61-year-old wife, Elda Santiago Perez, said her husband is prepared to spend the rest of his life in prison.

"Since he has been very young, he has been involved in the fight for liberty for Puerto Rico and its independence," she told The Associated Press, as interpreted by her son, 27-year-old Carlos Gonzalez Santiago. "He is ready to do anything."

She and her son both declined to say what he has been doing for the past 27 years, saying they could not talk about that without a lawyer.

Gonzalez is suspected of helping smuggle cash from the robbery out of the U.S. mainland.

Gonzalez was living alone in a modest home under in Puerto Rico a false name when he was arrested. Authorities believe he still had an active role in Los Macheteros, a group that has claimed responsibility for a series of robberies, murders and bombings in the name of Puerto Rican independence.

An older brother, Avelino, was sentenced last year to seven years in prison after spending more than two decades as a fugitive for his role in the heist. A third brother, Orlando, was also convicted of taking part in the robbery and has since been released.

Prosecutors have said Los Macheteros, whose name is variously translated as "Machete Wielders" or "Cane Cutters," are suspected of using the stolen money to finance bombings and attacks in their push for independence for the U.S. territory.

The 1983 robbery allegedly was carried out by Victor Manuel Gerena, a Wells Fargo driver recruited by the group. Authorities say Gerena took two co-workers hostage at gunpoint, handcuffed them and injected them with an unknown substance to temporarily disable them. Members of Los Macheteros, including Gonzalez, were accused of helping to spirit the money out of the U.S.

Gerena, who is believed to be alive and living in Cuba, is one of the FBI's 10 most wanted fugitives. He is the lone suspect in the case who remains at large.

The alleged leader of the Macheteros, Filiberto Ojeda Rios, was killed in a 2005 shootout with the FBI at a remote farmhouse in Puerto Rico.

Several supporters of the movement were in court Friday, including Alberto Barreto, with the group Puerto Rica Diaspora Solidarity.

"We do not consider this a crime," said Barreto, who was wearing a T-shirt with Ojeda's image on it. "We consider (Gonzalez) to be a freedom fighter for the independence of Puerto Rico."

Jury selection for Gonzalez has been tentatively set for July 14.

Leadership class judges courtroom drama

Leadership class judges courtroom drama

Mock trial concludes nine-month program By JAMES CHILTON/The Daily News

BULLHEAD CITY — A Bullhead City Municipal Court jury found Ron Hokenstad guilty of assaulting Mayor Jack Hakim.

At least, they would have, had the trial been real and not just an educational experience.

Thursday’s mock trial was the final outing for this year’s class of the Colorado Leadership Program, which is sponsored by the Colorado River Women’s Council to help promising adults develop their community leadership skills through exposure to various aspects of the community itself, including the municipal government, health services, the school system and, in this final class, the criminal justice system.

Participants spent all day at the Bullhead City court complex on Marina Boulevard, first receiving a briefing on the judicial process, then getting their chance to sit in on a trial and determine guilt or innocence. The mock trial, which was presided over by Associate Magistrate Peter Psareas, pitted victim Jack “Nicklson,” as portrayed by Hakim, against defendant Ron “Billabong,” played by Hokenstad, a volunteer victims advocate. County Attorney Matt Smith served as prosecutor and Bullhead City Public Defender Anthony Mullan  was the attorney for the defense.

The trial concerned Nicklson’s allegation that Billabong had assaulted him by striking him with a cane during a party at Rotary Park last Memorial Day weekend. During the trial, Smith attempted to cast Billabong’s assault as an unprovoked attack by an unbalanced soul, while Mullan tried to cast Billabong as a disabled veteran who was only defending himself against Nicklson’s perceived aggression.

Throughout the trial, both the judge and the attorneys would occasionally break character to explain some aspect of court procedure, like when one juror exclaimed “Good grief!” as Mullan attempted to get “Nicklson’s” wife, played by Hakim’s real-life wife Charlotte, to admit to her husband’s hair-trigger temper.

“Let me ask you both, if either of you were asking questions and you heard something like that from the jury, what would be your next move?” Psareas asked. “Mr. Mullan?”

“Motion for a mistrial,” Mullan replied.

“Depends on which side of the jury you’re on,” Smith joked, drawing laughter from the jury box.

Psareas went on to say that, in a real trial, while the exclamation was ambiguous enough that he probably wouldn’t grant a mistrial on that basis alone, he would warn the jury not to do it again, and might even kick the offending juror out of the courtroom, depending on the extenuating circumstances.

After about nearly three hours, the jury retired to deliberate, returning about 20 minutes later with a split vote: nine guilty, one not guilty and one undecided. Psareas noted that, in a misdemeanor case such as this, a jury normally wouldn’t decide the outcome, but had this been an actual criminal trial, that would have been sufficient to convict, provided that the right eight people wound up on the jury. According to Arizona Revised Statutes, a 12-person jury is only required for crimes where the death penalty may be administered, or where the maximum sentence exceeds 30 years — yet another fact the leadership class learned from their experience.

Jeremy Brunk, the sole undecided juror, said he felt there hadn’t been enough evidence to conclusively convict Hokenstad’s character, adding that he would have liked to have seen more witnesses to the supposed assault. Aside from that, he said, the experience was about as authentic as a trial-by-jury could be, adding that he himself had served on juries twice before.

“It was as close to real as I think they could’ve made it,” he said.

“It’s like you’re in a movie,” said Claudia Oliphant, another class participant. “I thought it would be like this, but I learned a lot. I really enjoyed it.”

Donna Roach, who does business management for the Colorado River Union High School District, was another participant in this year’s program, joining after a colleague recommended it to her.

“They recommended it to me as a way to step out and become more involved in the community in an active leadership role,” Roach said. “It was really eye-opening to me.”

While she thoroughly enjoyed the mock trial experience, Roach said she never wanted to be on a real life jury, given her frustration over how easy it was for some jurors to allow emotion and prejudices to override what she saw as a more objective approach to the law.

“You have to block all the emotion out and ask, ‘did this meet the definition of assault and was it in self-defense?’ ” she said. “For me it was easy, but it’s frustrating when you have a hung jury, when 11 people are in favor (of guilt) and one isn’t.”

Colorado Leadership Program director Bonnie Tarloff said the mock trial is just the icing on the cake for the class’ nine-month program, which includes guest speakers, panel discussions, field trips, and plenty of opportunities for participants to hone their leadership skills and make important connections with the people who make the community function.

The Colorado River Women’s Council is looking for applicants for the 2011-2012 leadership class, which is open to both men and women age 18 and above. For more information, call Tarloff at 928-754-5440 or send an e-mail to bonnietar@gmail.com .

Reports: Sheriff Joe Arpaio knew of corruption, problems

Reports: Sheriff Joe Arpaio knew of corruption, problems

Time and again, in public statements and in interviews, Maricopa County Sheriff Joe Arpaio has denied knowledge of the corruption and mismanagement within his headquarters.

But information in thousands of pages of recently released public records refutes some of Arpaio's claims and, in some instances, places him in the middle of key controversial events.

Certain trusted Arpaio advisers told investigators they notified Arpaio over the past several years about financial problems, potential issues with the way the agency was running its anti-corruption investigations, and his chief deputy's regular abuse of subordinates. For example:

- One detective told investigators that Arpaio participated in drafting a search warrant for a failed corruption investigation.

- The sheriff's former chief financial officer said she warned Arpaio of overtime excesses and other financial problems, as well as former Chief Deputy David Hendershott's "demoralizing" mistreatment of subordinates.

- Yavapai County Attorney Sheila Polk recounted to state investigators Arpaio's response in September 2009 when she asked why the Sheriff's Office arrested Maricopa County Supervisor Don Stapley after she had told them the case was not ready to charge. "Arpaio blows up: I had PC (probable cause) to arrest, no one tells me who I can/cannot arrest," Polk said.

The statements by witnesses came to light during state investigations into the Sheriff's Office and during a separate administrative investigation into three of Arpaio's top commanders by Pinal County Sheriff Paul Babeu. Babeu's investigation, prompted by the so-called "Munnell memo," a letter from Deputy Chief Frank Munnell that contained many allegations, ended the careers of Hendershott and former Deputy Chief Larry Black. The report said they had abused their positions, violated county policies and were untruthful, forcing their resignations in the face of imminent termination.

Capt. Joel Fox remains on paid administrative leave as investigators re-examine allegations about his conduct.

Public records examined by The Arizona Republic are also being reviewed by the U.S. Attorney's Office and the FBI. That information will play heavily in the federal abuse-of-power investigations of Arpaio, former County Attorney Andrew Thomas and others.

Key questions, according to legal experts, will be: What did Arpaio know about misconduct within his agency? When did he know it? And was any of his agency's conduct criminal?

"He has a First Amendment right to claim willful ignorance about what was going on - and that has served him well in the past," said Valley criminal-defense attorney Mike Black, adding that Arpaio can't claim he "didn't know what was going on, but then have evidence pointing to the fact that he did. But they (federal prosecutors) have to show that he approved these things and conspired with them (sheriff's staff)."

Arpaio acknowledged in a lengthy interview Friday that his agency has had problems. But for the most part, he maintains, he was in the dark.

"You can always look in the past and say, 'I saw warning signs,' " he said. "This is just another situation that has occurred. I'm not happy with it. I back my people up pretty good. I'm tough on criminals. Maybe I should have been tougher on my staff."

But Arpaio's own command staff have stated that Arpaio was apprised of his agency's operations.

Deputy Chief Paul Chagolla, a Hendershott adherent and former Arpaio spokesman, told Babeu's investigators he did not agree with assertions that Hendershott tried to keep Arpaio out of the loop.

"From my perspective, conversations between the sheriff and chief deputy occur, occurred on a regular basis and frequently occurred after everybody left the building," Chagolla said.

Arpaio and certain other witnesses, however, have said Hendershott hid details from the sheriff on some of the agency's failed investigations into judges and county officials.

But from its inception in early 2007, the Maricopa County Anti-Corruption Enforcement unit (MACE) that conducted those probes was lauded by Arpaio.

As the Sheriff's Office launched investigations into elected officials - including former Attorney General Terry Goddard and county Supervisor Don Stapley - Arpaio was the face of the agency, engaging in heated public debates with elected officials who accused the Sheriff's Office of conducting political witch hunts.

"I want to be clear," Arpaio stated in an October 2007 news release about his investigation into Goddard. "This Sheriff will not be intimidated by a potential suspect in this office's ongoing investigation of wrongdoing."

The investigation never led to charges.

Throughout the next three years, Arpaio would make many more statements about the propriety of his political-corruption investigations and the lack of fortitude of his targets. But Arpaio's denials about knowing the details of the cases fit neatly with the theory that Hendershott kept important pieces of information from the sheriff.

A deputy chief's statements to Pinal County investigators cast some doubt on Arpaio's claims he was ignorant of MACE case details. Arpaio was present as detectives discussed at least one search warrant served during the Stapley investigation, Deputy Chief Bill Knight told investigators.

Knight also told them he questioned Hendershott's motivation for serving the search warrant in January 2009 on Conley Wolfswinkel, a Stapley business associate. Knight said he thought the search warrant had probable cause, but he did not want to include too many details in the warrant to prevent potential suspects from learning too much about the case.

But Arpaio saw the situation differently, Knight said.

" 'No, those things need to be in there,' " Knight recalled Arpaio telling him. "I probably overstepped my bounds a little bit here, but I said, 'Are we writing a press release or are we writing a search warrant? I just need to be clear on what we're trying to produce here.' And he just looked at me and said, 'Get the information in there,' and then got up and walked out."

On Friday, Arpaio initially denied Knight's version of events and then admitted talking to Knight about the case because of Wolfswinkel's high-profile past in Valley real-estate dealings.

"I don't direct, I don't order people, especially a deputy chief, to put something in a search warrant," Arpaio said. "I didn't look at the search warrant. I may have talked about Wolfswinkel because I'm interested in him."

Knight's exchange with Arpaio is found in the first part of Babeu's 1,022-page report and more than 4,000 pages of interview transcripts where a deputy puts the sheriff in a position to have direct knowledge of and influence on the MACE operations.

However, more than 15,000 pages of interview transcripts and supporting documents have yet to be released.

Loretta Barkell worked as Arpaio's chief financial officer for about a decade, overseeing personnel and a budget of about $270 million. She retired in March.

Although Hendershott attempted over the years to control the information that Arpaio received, Barkell has stated she went around Hendershott and repeatedly informed Arpaio about budget issues, including overtime excesses, the inappropriate use of detention-fund money and costs associated with other programs.

"I would go to Arpaio if there were situations with overtime or other stuff where he needed to pay attention, and he just ignored me," Barkell told The Republic last week.

In November 2007, the Sheriff's Office was using so much overtime that the agency was on track to exceed its overtime budget by $14.5 million. Barkell told Babeu's investigators that she informed Arpaio about the problem, but the overtime excesses continued. Arpaio only acted on the problem after it was written about in the newspaper, she said.

"It's very typical of all of them in the office to be informed of the problem and not take action until it becomes a crisis," Barkell said in an interview Friday.

Barkell also said she repeatedly warned Arpaio that the agency could not use restricted jail funds to pay for other functions, such as patrol, human-smuggling enforcement and public-corruption investigations. A county investigation into the use of the jail funds found the Sheriff's Office misspent $99.5 million over eight years.

After Babeu's report was released and Hendershott was fired, an Arpaio representative said only a few staff members shared their concerns about Hendershott with Arpaio, and they came forward just before Munnell's letter became public.

But Babeu's investigators spoke with a former sheriff's deputy who wrote a memo to Arpaio in the 1990s that raised some of the same concerns about Hendershott.

Reached by phone, former sheriff's Lt. Roy Reyer recalled that Arpaio was dismissive of his concerns about Hendershott and instead questioned Reyer as to why he raised the issues with former Chief Deputy Jadel Roe.

"He looked me square in the eyes with my memo in the hand and said, 'Reyer, you're a damn liar,' and throws it on the ground," Reyer said last week. "I couldn't stay there anymore. I was a 'dime dropper' in his eyes."

Reyer retired and pleaded guilty to solicitation to commit computer tampering in 2001. Arpaio said that conviction raised questions about Reyer's credibility, and that Reyer was disgruntled with changes in the Sheriff's Office after Arpaio began his first term.

"I vaguely remember it," Arpaio said of Reyer's complaints about Hendershott. "Jadel Roe, I'm sure, took care of it."

After Roe retired and Arpaio appointed Hendershott chief deputy, Arpaio took a similar approach when employees expressed concerns about Hendershott.

"I advised him to knock it off and apologize, and he did," Arpaio said.

Other longtime employees like Barkell, however, believe Arpaio was blindly loyal to Hendershott - and, toward the end of Hendershott's time with the Sheriff's Office, even scared of him. Barkell told Babeu's investigators that she had told Arpaio of her concerns about Hendershott several times over the past 10 years.

"It would always be the same conversation," she said.

She remembered describing Hendershott to Arpaio: "He's very hostile. He's very mean. He's very nasty. He degrades people. He intimidates people. He bullies people. He can't do this, Sheriff. As your HR person, I'm telling you, he can't do this."

In the end, Arpaio's advisers may share some of the blame with Arpaio for not discerning a pattern of conduct amid the many warning signs.

"There are little things here, little things there. But people want to believe everything's OK and going well," Chief Deputy Jerry Sheridan said, comparing it to the nation's crumbling housing market several years ago. The eventual economic collapse was the wake-up call.

"When the Munnell memo hits, that's our version of the economy tanking."

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Cheap Divorce Lawyers | Lawyer South Africa

Cheap Divorce Lawyers | Lawyer South Africa

Cheap divorce lawyers are available for people who may be short of money and need a cheap divorce lawyer to help with legal procedures and family law matters that arise before, during and after the divorce process. If a couple find themselves in the position of not being able to afford a lawyer then it is vital that the separate parties do not attempt to hire the same lawyer. Online divorce is becoming increasingly popular and affordable online lawyers are available to assist with these low cost quick divorce services.

Some cheap online divorce settlements are really only suitable for couples that want to separate and have no lingering issues pending between them that may lead to complicating matters. In such cases a divorce attorney may suggest a ‘no fault’ divorce as the cheapest option available. A ‘no fault’ divorce is when a couple both agree to separate from each other peacefully. The attorney you choose will be in the best position to advise on the cheapest way and procedure to follow when filing for and going through with a divorce.

Most attorneys will take your income into account when charging their fees which will be minimal for the middle and lower income groups. They charge an hourly rate so the more simple and straight forward the divorce process can be, the cheaper it will work out for you. Many cases are complicated and can involve several other family law type issues especially when there are children involved so can run into many hours of discussion and advise. Do not just go to the first attorney you can find when looking for help. Make sure the professional you seek is qualified in areas of family law, just because they are cheap divorce lawyers that are helping to save you money, it does not mean you need to settle for second best.

Volunteer Lawyers for the Arts

Volunteer Lawyers for the Arts

Believe it or not, there are dozens of legal organizations which have as their sole goal to provide free legal services to nonprofit arts organizations, as well as to artists who can't afford legal services.  These organizations are great resources.

Issues often handled include contract negotiations, mediation services, nonprofit incorporation, copyright information and infringement lawsuits, tax information, estate planning, and lease review.  VLA organizations also provide education programs, including seminars, publications, and the maintenance of art law libraries.  See the NEA page for a description of VLA assistance.

Beverly Hills Bar Association Barristers Committee for the Arts

District of Columbia Volunteer Lawyers for the Arts

c/o Susan J. Whitfield-Lungren, Esq.

43 Pleasant St.

Volunteer Lawyers for the Arts of Massachusetts, Inc.

St. Louis Volunteer Lawyers and Accountants for the Arts

New Hampshire Business Committee for the Art (NHBCA)

One Granite Pl.

Albany/Schenectady League of Arts Inc.

19 Clinton Ave.

212/319-2787;

Volunteer Lawyers and Accountants for the Arts-Cleveland

Toledo Volunteer Lawyers and Accountants for the Arts

Lawyers and Accountants of North Texas for the Arts (LANTA)

Contact TALA at Houston office.

Mesothelioma Facts - Mesothelioma Lawyers in Oakland, California - Video

Mesothelioma Facts - Mesothelioma Lawyers in Oakland, California - Video

www.kazanlaw.net - Located in Oakland, but also represents clients in California and across the United States, Kazan Law has a nationwide practice and reputation in asbestos litigation. Our particular expertise is as mesothelioma lawyers in California - experienced attorneys fighting for victims of mesothelioma cancer, a disease that is a result of exposure to airborne asbestos fibers. In this video, you will learn more about the symptoms of mesothelioma, including difficulty breathing, chest pain, fever, and nausea. To learn more about asbestos-related diseases, or to contact our attorney, please visit www.kazanlaw.net.

Florida Product Liability Lawyer | Miami, FL Toxic Torts Attorney

Florida Product Liability Lawyer | Miami, FL Toxic Torts Attorney

Product Liability Lawyers Serving Florida

Through product liability lawsuits, lawyers can truly make the world safer. The attorneys of Kurzban Kurzban Weinger Tetzeli & Pratt P.A. are committed to using the legal system to remove dangerous products from the marketplace. We represent individuals and families who have been injured by faulty products, including everything from motor vehicles, breast implants and garage doors to construction materials, heavy machinery, and toxic chemicals.

We believe that a large part of our tremendous success in product liability litigation is due to our policy about hiring consultants and expert witnesses. Our firm's lawyers don't believe that hiring an in-house advisor is a good idea; you can hardly trust such people to give you impartial views. So we enlist engineers that headed major companies. If we have a case that involves a faulty, dangerous automobile, we hire the former head engineers of Ford or GMC. Then our attorneys and consultants go to independent labs in Columbia, Ohio to fully investigate the alleged faults, and come up with firm, solid data that can trump any company's arguments.

Such practices require an amazing amount of work, but the results are more than worth it. In just one example, we gained a substantial settlement in excess of seven figures against Nissan Corporation. (The amount of the settlement is subject to a confidentiality agreement and cannot be revealed.) Our client was injured in a Nissan automobile due to the negligent design and/or materials used in the construction of the vehicle.

In another case, we gained a $535,000.00 settlement for a Dade County roofer who was injured while applying a new liquid chemical adhesive for use on roofs. Vapors caused by this adhesive damaged the skin and nails of the roofer’s hand, caused lung damage, and caused chemical asthma. The adhesive manufacturer failed to give proper warning and failed to advise of the safety equipment needed to use the adhesive. With this success and several others, we became a national leader in the legal field of "Toxic Torts". (Visit our Verdicts & Settlements page for more examples of our firm's success in advocating for our clients.)

If you believe you or a loved one has suffered from a dangerously defective product, contact us to set up a free initial consultation with one of our attorneys. We are here to help anyone in Southern Florida, as far north as Orlando and as far west as Tampa. Located in Miami, our offices often serve the areas of Fort Lauderdale, West Palm Beach, The Florida Keys, Dade County, Broward County, Palm Beach County, and Monroe County.

California

California

DUI / DWI arrests occur unexpectedly, and the driver is rarely prepared for the complex legal issues that follow. However, drunk driving arrests require fast action. The most pressing issues are typically finding an experienced California DUI / DWI lawyer , locating someone in custody, finding a reputable bail bond firm, and requesting a DMV hearing to prevent the automatic suspension of a driver’s license.

Locating a driver after a California DUI arrest can be challenging without the right resources. When attempting to find a driver arrested for DUI / DWI , it’s helpful to gather certain information before beginning the process. The driver’s full name, date of birth, and the booking number if available will all make the process of locating the accused driver much easier.

Getting the driver released from jail is usually a top priority. Although some individuals arrested for driving under the influence are released on their own recognizance – also known as OR – others must post bail. Locating a bail bond provider is the first step in getting a suspected DUI / DWI driver released from jail. California bail bondsmen usually require an up-front down payment of 10 percent of the bail amount to secure the driver’s release.

Once the driver is released from jail, it’s critical to address the legal issues that stem from a drunk driving arrest as quickly as possible. A California DUI / DUI arrest actually generates two separate cases – a Department of Motor Vehicles case and a court case . An individual facing a driving while intoxicated charge has only 10 days from the date of arrest – including weekends and holidays – to r equest a DMV hearing , or risk having his or her license automatically suspended.

A California drunk driving court case begins with arraignment. The driver will be asked to enter a plea of guilty or not guilty. Every experienced criminal defense attorney will advise his or her client to plead not guilty at arraignment until the facts of the case can be examined and an appropriate defense strategy established.

There are many proven defense strategies available to effectively fight a drinking and driving charge, and many good reasons to fight a drunk driving charge in court . Some drivers fear that a DUI / DWI arrest means an automatic conviction, but that’s simply not true. It’s possible to fight and win a drunk driving case with the help of experienced legal counsel .

It’s possible to win both in court and at the DMV hearing to determine driver’s license status, but these procedures are extremely complex, and the cost of losing is high. An experienced California DUI / DWI criminal defense attorney can develop an aggressive strategy to attack both the court case and the DMV action .

California Medical Malpractice Lawyers : San Francisco Medical Negligence Attorneys CA Injury Law Firm

California Medical Malpractice Lawyers : San Francisco Medical Negligence Attorneys CA Injury Law Firm

San Francisco Bay Area · Los Angeles · San Diego · Sacramento · San Jose

With a full time doctor-attorney on our staff, our San Francisco, California medical malpractice lawyers offer clients a service not found elsewhere. The breadth of our experience in medical matters includes obstetrics, gynecology, oncology, neurosurgery, orthopedics, plastic surgery, pediatrics, infectious diseases and cardiology. Whether the problem involves a delay in diagnosis, a failed procedure or an operative complication, our California medical malpractice lawyers can handle it.

Our San Francisco medical malpractice team is skilled in claims against physicians, nurses, hospitals and pharmacists. We have successfully prosecuted claims for over 40 years against healthcare providers. Our medical liability attorneys specialize in cases against HMO’s, including Kaiser Foundation Health Plan, Kaiser Permanente Medical Group, and Kaiser Hospitals.

We have successfully represented both adults and children in medical negligence claims. If your child has sustained brain damage or cerebral palsy because of a medical error, call us. If you or a loved one has been the victim of a mis-prescription, call us. If a loved one has died because of a missed diagnosis or a treatment error, call us.

Our California lawyers provide comprehensive medical malpractice representation for clients injured while receiving medical care. Our medical malpractice lawyers have successfully represented clients injured and clients who lost loved ones under a wide range of circumstances, including claims involving:

Birth Injuries Failure To Diagnose Kaiser Health Plan Negligence   Cerebral & Erb’s Palsy Emergency Room Negligence Surgical Errors Nursing Home Negligence

Our San Francisco, California medical malpractice attorneys have considerable experience examining, preparing, and presenting complicated medical evidence. We work with a dedicated team of medical experts to be sure every potential avenue of liability is explored in every medical malpractice case.

For more information on our Kaiser Malpractice claims, please visit: http://www.kaiserinjurylawyer.com/ EXAMPLES OF OUR SUCCESS Negligent Spine Surgery – $2,800,000 Brain Damage Settlement

Our medical negligence team negotiated a settlement having a present cash value of over $2,800,000 on behalf of a 44-year-old grocery store manager who suffered major brain damage following anterior cervical fusion surgery. Nine hours after the surgery had concluded, our client sustained a massive cardiac arrest and was discovered in a vegetative state by hospital personnel. Our attorneys demonstrated, using experts in the field of hospital administration and nursing, that the attending nurses had negligently failed to timely observe and report signs and symptoms consistent with a post-operative hematoma. Our medical liability team showed that the nurses assigned to the patient’s care were inexperienced and that as his vital signs deteriorated, they failed to bring these ominous changes to the attention of the attending physicians. Under the terms of the settlement, periodic payments were negotiated to provide for our client’s present and future attendant care needs. More than $1,000,000 was paid in a lump sum, from which various liens were satisfied.

Our wrongful death medical malpractice team of lawyers negotiated a wrongful death settlement in a MICRA-governed medical negligence case arising from the death of a 25-year-old woman. The claim was brought on behalf of her parents. Our clients daughter died following what was anticipated to be a routine lymph node biopsy. Intraoperatively, her oxygen mask erupted into flames causing serious burns to her face. She was transferred to a hospital offering a higher level of care. There, while recuperating from her burns, doctors attempted an experimental biopsy procedure. . This procedure, included substantial risk because of the proximity to vital organs. It was carried out by a Fellow who had only performed one similar biopsy in the past. Walkup's medical malpractice specialists showed that he breached the standard of care when he punctured the decedent's heart during the biopsy. Our clients daughter died minutes later. The Walkup team argued that the conduct of the Fellow constituted a battery, and as such, was outside the limits of MICRA. Our lawyers successfully opposed a summary judgment motion on the battery issue, and thereafter the matter settled for $900,000, $650,000 in excess of the MICRA cap.

Failure to Diagnose Cervical Cancer – Confidential Settlement

Our malpractice attorneys concluded a case on behalf of the two surviving daughters of a 35-year-old woman who died of cervical cancer. Our attorneys proved that both the woman’s primary care physician, and a laboratory which failed to follow up properly on biopsy slides, were responsible for the failure to diagnose and treat cancer in its early stages. Through the testimony of experts in pathology, our attorneys demonstrated that the pap smears were under-reported. Experts in cytology testified that the laboratory should have brought these abnormalities to the attention of the primary care physician. The settlement, which was in a confidential amount, included an initial cash payment and future installment payments to cover the surviving children’s educational and other maintenance expenses through age 23.

Failure to Diagnose Aneurysm – Confidential Settlement

Our malpractice attorneys negotiated a settlement in a confidential amount on behalf of a 46-year-old bank employee who suffered an intracerebral bleed, with resulting brain damage, as the result of an undiagnosed leaking aneurysm. Roughly two months before the catastrophic event, our client had awakened in the night with a persistent headache and sensed that she has lost vision in her right eye. She first consulted the defendant ophthalmologist who incorrectly diagnosed her with “optic neuritis.” After making three visits to her regular doctor, without having a correct diagnosis entered, our client was found semi-comatose in her apartment having sustained a major cerebral bleeding episode. The recovery included the cost of past medical expense, and the cost of future attendant care. Our attorneys, through the use of forensic economists, also recovered an amount equal to the value of our client’s major lost wages. Her general damage recovery was limited by California’s artificial malpractice damage “cap” of $250,000.

Failure to Diagnose Pelvic Fractures – Wrongful Death

Walkup medical liability attorneys represented the wife and adult child of a 48-year-old junior high school principal who died of complications from undiagnosed pelvic fractures after a fall. Our attorneys demonstrated that x-rays taken at the time of his initial treatment were misinterpreted, and that as a result, the deceased developed pulmonary emboli which ultimately resulted in a cardiac arrest. The defendant hospital and its physicians claimed that the original injuries from the fall were sufficient in and of themselves to produce death, and that the failure to correctly interpret the x-rays was not negligent. The amount of the settlement, confidential in nature, included the maximum   available for general damages representing loss of care, comfort, society and love, as well as an amount equal to the present cash value of the decedent’s lost future wages, earnings, support and benefits.

Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with an experienced California medical malpractice lawyer.

Rumors, Myths & Other Distractions - Bar Exam Services - School of Law - Golden Gate University

Rumors, Myths & Other Distractions - Bar Exam Services - School of Law - Golden Gate University

There are so many rumors floating around the bar exam. Students, thirsting for information, seek out classmates, alumni, bar providers, professors, and anyone else who they think might know about the bar exam. Many attorneys who have passed the bar exam, although well intended, have limited exposure and knowledge about the bar exam. Professors oftentimes are in the same boat as attorneys. Bar providers, being commercial entities, tend to interpret information in a way that would sell their products.

So why would this site have better information? First of all, we are not trying to sell anything. Instead, we are trying to make sure our students are well informed about the bar exam. Second, being a repository of bar related information, we hear most of the rumors that circulate from bar to bar. Finally, we can check it out.

You have a 50 percent chance of passing the bar exam. Most of our students have heard that their chances of passing the bar exam in California are less than 50 percent. Yes, when the bar results are released every November, the pass rate reported is around 50 percent or less. What people don't know is that this is the overall pass rate for first-time takers and repeaters. Also, most people are not aware that graduates from non-ABA law schools can sit for the California bar exam. When all of these categories are filtered out, first-time takers from California ABA law schools have passed the last four July bar exams at around 70 percent.

You need a minimum score of "x" on the MBE to pass the California bar exam. California does not require a minimum score on any component of the bar exam in order to pass. You need to achieve a minimum total score to pass successfully. Either you pass the entire exam or you retake the whole thing. (Attorneys who have passed the bar exam in another jurisdiction may not have to take the MBE component.) For example, a low score on the MBE portion can be balanced out by high scores on the written portions (essays and performance tests).

You cannot bring any bottled water into the exam. This is true. The bar examiners are concerned about spillage. Not only might you spill your water on your own test booklet, but you might also ruin someone else's test booklet. Don't worry about dehydrating during the exam - there are water fountains.

If I start studying during the semester, I'll burn out before the bar review course begins. It is possible to burn out during the semester, especially if you have a heavy load of classes and a job. You will certainly burn out during the bar review course if you are not ready to take the bar exam.

Make an assessment of your strengths and weaknesses. How is your knowledge of the law? How are your test-taking skills? If your knowledge of the law is not good or you feel uncomfortable taking essay exams, multiple choice questions, or performance tests, you should start preparing for the bar exam earlier than later. Waiting to learn the law and test-taking skills during the two months of bar review is not a wise decision. There simply is not enough time to learn and master the materials.

You will also need to assess your priorities if you are deciding among preparing for the bar exam, scoring well on your final exams, and working.

Once you make the decision to start studying in advance, do not study with the intensity of studying for final exams. The bar exam is not tomorrow nor the day after. It is important that you reintroduce yourself with the material and re-learn it if necessary. It is not important that you memorize it. With such low intensity studying, you should not be burning yourself out.

Also, use the break in May between the end of school and the beginning of bar review to take a well deserved and much needed break. This is the time to re-energize and gear up for the bar review period.

Here are some myths about the MBE from the National Conference of Bar Examiners.

Getting a Disability Lawyer in New Jersey

Getting a Disability Lawyer in New Jersey

If you are considering filing for Social Security Disability (SSD) or SSI in New Jersey, there are a few things you should know up front, and this may fall into the categories of social security disability tips , social security disability help , and social security disability advice . One is that the process of getting approved for disability benefits in New Jersey is one that some, if not most claimants find both time-consuming and complicated. There are a number of medical records that must be gathered and possibly multiple interviews involved; some people find that this is all a bit much to cope with on their own, especially when they are already coping with a medical condition that has diminished their physical (or mental) stamina.

Another thing to consider if you are filing for social security disability or filing for SSI benefits in New Jersey is that, like all other states in the nation, the odds of being approved for benefits at the initial application level are slim. Nationally, approximately 70 percent of all disability applicants are denied, and about 85% of first appeals (also called requests for reconsideration) to disability determination services are denied as well.

It is absolutely possible to win disability benefits in New Jersey without legal counsel, and a significant number of applicants are awarded benefits within a few months of filing for disability. However, these cases are in the minority. Most disability cases must be appealed, first to the state disability determination service agency, and then before a federal administrative law judge before they are finally approved (if they are approved). Some claimants, particularly those who are unable to advocate for themselves due to their medical, psychological, or mental conditions , should consider getting a lawyer involved as early in their case as possible.

An experienced disability lawyer can take over much of the filing and information-gathering that must be done to prove your disability, interfacing with physicians’ offices and the social security administration as necessary. And, should you be required to file a request for reconsideration, your attorney will make sure that all deadlines associated with the appeal are met. This is very important, because if you miss the deadline for filing your appeal your claim is automatically denied and you will be forced to start over with a new claim. In New Jersey, the minute the social security administration is informed that a disability lawyer is representing you, your lawyer will automatically receive copies of all notices from social security regarding your claim, which means that both you and the attorney will be notified of all developments in your case, and there is a slim to none chance that any deadline or request for further information will be missed.

Finally, if you are filing for disability benefits in New Jersey, you need to keep in mind that the inital and reconsideration disability decision your case will most likely end up before an administrative judge. This is because most claims are denied by disability examiners at disability determination services, which makes it necessary for claimants to file a second social security appeal , or to request a social security hearing before an administrative law judge. The good news is that, when represented by a disability attorney, applicants stand their best chance of winning disability benefits at social security disability hearings : About 60 of cases presented to disability judges by attorneys or non-attorney representatives are approved.

Those filing for disability benefits in New Jersey should strongly consider obtaining legal counsel of some sort, if not when they first apply, then definitely upon giving notice to social security that they want to appear before a federal administrative judge.

The Broad Overview on :    and .

How do I File for Social Security Disability?

The Disability reconsideration Appeal - what is it and how do you file for it?

Social Security Disability Denied — The Reasons Why

How does Social Security make decisions on disability claims ?

Does The Social Security Reconsideration Take as Long As The Disability Application?

What does a lawyer do to help on a Social Security disability claim?

Applying for Disability - How long does it take to get Social Security benefits?

Receiving a Social Security Disability Award Letter

SSDI Decision or SSI Decison - How long does it take?

Will SSD Be Based On Newer Or Older Medical Records?

How Long Does It Take To Get SSDI If You Have To Appeal?

Do you get medical healthcare benefits with Social Security disability ?

Advice for a Social Security Disability Continuing Review

Can my child receive disability for asthma ?

Hepatitis, Social Security Disability, and Applying for Benefits

Do You have A Chance Of Losing Disability Benefits If Your Case Gets Reviewed?

If you get Social Security disability benefits do you get Medicare or Medicaid?

Or click to one of the following :

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Criminal Lawyers' Association - Find a Criminal Lawyer

Criminal Lawyers' Association - Find a Criminal Lawyer

Criminal Defense Lawyers represent individuals/groups charged with a criminal offense under the Criminal Code of Canada, or with various Provincial offenses.

Some areas in which Criminal Defence Lawyers deal with are:

Breaking and Entering Domestic and Sexual Assault Drug Related Offenses Fraud Impaired Driving Internet Related Charges Murder / Homicide / Manslaughter Robbery Theft Weapons Offenses Young Offender cases

When selecting a criminal lawyer be sure to find out what his/her area of expertise is.

Disclaimer for Finding a Lawyer Directory We make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information or other materials available through the Criminal Lawyers’ Association Directory. You use the directory at your own risk, and the Criminal Lawyers’ Association, its employees, directors and agents are not liable for any errors or omissions in its content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from its use.

How to Find a Lawyer

How to Find a Lawyer

You can use the following search box to locate an attorney or law firm specializing in a particular area of law, in a particular city or state. This specialized search is powered by Google. It is both powerful and comprehensive, because it seaches multiple attorney directories and thousands of law firm Web sites in a fraction of a second.

Type area of law, e.g., Corporate, Divorce; and your city, state or province, or zip/postal code.

Some legal problems lend themselves to do-it-yourself solutions. Others require more help. Knowing when to seek a professional's assistance is half the battle. One way of deciding is to consider whether other people have an interest in your legal matter. For example, let's say you want to start a new business. You can purchase a self-help law book and follow the instructions to fill out and submit the paperwork to form a new corporation or LLC. If you're doing this for yourself and there are no complexities, it's probably pretty safe to proceed on your own. But let's say there are other people involved, and questions might come up in the future that could complicate things for your new business, e.g., one of the people who starts the business with you needs to move away in a few years. They will probably want to cash out by selling their share. How will you handle this, and what if they don't agree with your plan? This is an example of where a few dollars invested in legal advice can help avoid big problems later on. A lawyer can assist you in drafting ByLaws and a document called a buy-sell agreement, that establish the rules when one of the participants dies, retires or simply wants to sell out and move on.

Lawyer jokes aside, attorneys are licensed professionals. When you consult an attorney, you are benefitting from his or her law school education and know that he or she has passed a rigorous Bar examination, prior to being licensed to practice law. You'll know how many years your attorney has practiced, in what area(s) of law, by reviewing their Web site, professional resume or curriculum vitae. And you'll be able to confirm their membership in their State Bar and, in many cases, will be able to see if they have had any discipline problems with the Sate Bar. Further, many attorneys maintain professional errors and omissions insurance and many State Bar associations maintain client recovery funds, so there will be a way for you to recover in the unlikely event your attorney makes a mistake that costs you money.

Consider carefully that you give up all these protections when you represent yourself and especially if you pay an unlicensed person (paralegal or legal document preparer) to assist you. Legally, only licensed attorneys are able to give you legal advice. Something as simple as deciding which box to check on a legal form, is giving legal advice.

Attorneys also take classes in legal ethics. In our example about starting a new business, above, we kept it simple by talking about just one attorney. But keep in mind, one lawyer can't advise both parties whose interests are adverse. So our attorney in the example can represent the business by advising its officers and/or directors (corporation), or managing members (LLC). But when the interests of an individual officer, director or member becomes distinct from the interests of the business (e.g., when an individual wants to leave and is negotiating the sale of his or her share), that individual needs to retain his own counsel because the business' attorney cannot simultaneously represent both sides.

The two most important considerations are a) Where (what jurisdiction) is the attorney licensed to practice and b) what area of law does the attorney specialize in?

Attorneys are licensed by state Bar associations. So generally, an attorney representing a client in a given state, about a matter controlled by that state's laws or dealing with people, property or occurrances within that state, must be licensed by that state. There are exceptions, such as attorneys practicing exclusively under federal law, or staff attorneys employed by government agencies. But know that you'll need to consider what state the attorney is licensed in.

Attorneys also tend to specialize in certain areas of the law because the law is so broad that it's not possible for one person to know it all. By selecting an attorney who is already experienced in the area of law where you need help, you benefit from all his or her experience focused on that one, specialized area.

An added consideration is the size of the law firm. In many cases, large law firms are more expensive than smaller ones. But larger firms are frequently better able to handle complex matters involving multiple legal areas, and larger litigation cases, where a team of lawyers and support staff are necessary to adequtely address the problem.

Bankruptcy Lawyer, Lawyers, Attorney, Attorneys. Ways a bankruptcy lawyer can help you

Bankruptcy Lawyer, Lawyers, Attorney, Attorneys. Ways a bankruptcy lawyer can help you

Your bills got you down? Is the bank trying to take your house? Is the loan company towing your car? Is the IRS taking a big chunk out of your paycheck for back taxes? Who are you going to call? The Bankruptcy Lawyer, thats who, or at least that used to be the automatic answer. Unfortunately, the rules have changed significantly in the last year or so; bankruptcy may not be the answer that it used to be. To find out for sure, still call the Bankruptcy Lawyer.

Before you make your first call, get all of your bills together; the latest copy of the bills or statements from everyone that you owe money to, copies of all loan agreements, and copies the last three months worth of all of your utility bills, including cell phone and cable bills. The attorney is going to need copies of any legal notices that you have received about the money that you owe and a copy of your credit report as well. Then get copies of your last three pay stubs and documents on any other sources of income. Before it can determined if you are eligible for bankruptcy under the new rules, the lawyer is going to have to put together a budget to see if you can pay your current bills.

During your first meeting with the bankruptcy lawyer, you are going to go over all of these documents in detail so that your attorney understands the true extent of your financial situation. The bankruptcy lawyer is going to ask a lot of questions. In any legal situation it is a good idea to tell your lawyer everything; the good, the bad, and the ugly. In this case it is absolutely necessary. Your attorney needs to know everything about your finances to determine if bankruptcy is a legal option. The attorney wont have any answers during your first meeting, only questions.

The last thing the bankruptcy lawyer is going to do that day is to refer you to a federally approved credit counseling service. This must be completed before you can actually file for bankruptcy. When Congress wrote the new rules, they felt that too many people were relying on bankruptcy protection rather than actually paying their bills. One of the tools that they thought all people ought to use to solve their financial problems was credit counseling. So, that became part of the rules.

Once your attorney completes the review of your situation, you will be called back for another meeting. At this meeting you will learn whether or not you qualify for bankruptcy under the new rules. If you do qualify there will be at least one more meeting when you come back to sign the paperwork to file for bankruptcy. There will be a stack of paperwork that will rival those you sign when you close on the purchase of a house. At that meeting youll be told when you have to appear in court.

Your appearance in court will mark the beginning of a new stage of your life. You are not going to be free and clear of debt for a while, but the court will be managing your payments. The good part of bankruptcy is that, as long as you fulfill your requirements to the court, you will no longer have to worry about creditors hounding you for payment; they can no longer talk to you, only to your attorney or the court. That portion of the burden of debt will be lifted.