Wednesday, June 30, 2010

Sales Tax Attack

Benjamin Franklin Tax Prophecy
"In this world nothing can be said to be certain, except death and taxes." Benjamin Franklin first penned those words in a 1789 letter. Funny how those two words, death and taxes go together. In this context, Mr. Franklin is telling us that we will certainly die and most assuredly we will be taxed. Now, in a more recent sales tax attack, a new collection process is certainly leading to the death of online business transactions.

I started my blog early in 2009 with the intention of making my living completely online. My wife Maggie said, "That's nice honey... but how will you make money?" Great question, one that a lot of people have pondered over the last couple of years as they see their own 'real world' careers crack and crumble with the economy.

There are literally a hundred and one ways to earn a living online. We'll focus on just one today, affiliate marketing since it has recently come under a new sales tax attack, our main topic keyword for the day.

Hold the Sales Tax Please

Here's the over-simplified version of the inside scoop on how this 'make money online' thing works, folks.


Create a blog around something you love - for example, mine happens to be personal development, 'Love That Feeling'.
Choose some categories where you can zoom in on more specific topics - I've designated Monday as 'Wealth' day.
Next, select a keyword from current events to fit your overall blog theme and category - today I've chosen 'sales tax attack'.
Write your article, then select and insert related books and services you recommend using affiliate programs such as Amazon, Clickbank and other vendors.Of course, there are various other strategies. Right now, let's stay on track with today's focus, death and taxes.

Affiliate marketing is one of the easiest ways to get started making money online. Among the advantages are:


You don't have to create or own a product.
You don't have to bother collecting money or delivering that product.
You don't have to deal with customer service headaches.
You simply recommend and when your readers buy, you get a commission.Depending on the size and popularity of your blog, commissions can be extremely lucrative. One gentleman I read about while researching this article brought in $50,000 just in Amazon commissions in 2008. Now, due to the recent sales tax attack, that income is about to be cut off. He and his wife are seriously considering moving to a different state. However, it's only a matter of time before most, if not all states, catch on to this added source of revenue and adopt their own 'money-grab' plan.

As a registered affiliate of Amazon.com, I use a lot of related book recommendations throughout my articles. Up until recently, Amazon has not had to collect sales tax for online purchases as long as they didn't have a store or other physical presence in the state where the sale was made.

In 2008, Amazon started shutting down some of its affiliate programs in states where the new sales tax collection scheme was taking place. Another company, Overstock based in Salt Lake City which also uses an affiliate model, calculated that it would be far more costly to start collecting taxes than to keep the affiliate programs.

How Ridiculous is this Sales Tax Attack

Back in the late 70's and early 80's just before I moved to Toronto, Massachusetts had a state slogan, "Make it in Massachusetts". Just to the north, New Hampshire countered with a bumper sticker which read, "Make it in Massachusetts... Spend it in New Hampshire". Indeed, this is what has been going on for decades in towns all along the Mass/NH border and I'm sure in other places across the country where buyers have the choice of paying tax on purchases or NO tax, as they do in New Hampshire.

My old accountant Joe back in Massachusetts used to joke about this all the time by asking, "Do you see all the people stopping at the Mass/NH border to pay their sales taxes?"

Well, government officials aren't dumb - highly debatable, I know, but when it comes to siphoning the salary out of your shorts, you have to admit, they are right on the money! (pardon the pun)

In some states, there is now an extra line on your annual income tax return that asks you to claim your online spending so you can remit your sales taxes... right along side the line for out-of-state shopping claims. I'm sure they have Joe and his clients' full voluntary cooperation!:)

In our cash starved economy, governments have now awakened to the fact that there are literally millions of dollars slipping through their fingers in state sales tax revenue. New York estimated a whopping $34 million for the current fiscal year, with other states realizing proportionate amounts. It's easy to see why they are most interested in increasing their sales tax collection efforts.

You and the Sales Tax Attack

So with major affiliate operators like Amazon and Overstock shutting down their programs, what's left for the online marketer to do. Fear not; remember there are at least 101 ways to make money online.

You could create your own product in the form of an ebook or digital download software. Instead of getting only a percent in the form of commissions, you get to keep the entire amount all to yourself.

However, if you want to make the really big money, you'll want to recruit affiliates of your own to act as ambassadors for your creation. Think of all the benefits you'll have with others doing all the advertising for you... that is, of course as long as you agree to keep your state, federal and some day, even international government partners informed and involved by giving them their share in the form of taxes.

Is it any wonder why Benjamin Franklin observed that death and taxes make such a lovely, inseparable pair?

Tuesday, June 29, 2010

Researching Your Niche Market and Speaking Their Language

Every niche has a language, which ties in to every person having a personality. We are not for everybody, as in real life. Not everyone is going to take to us or relate to us. We quite literally need to speak their language.

Think of the broadest categories of people: women and men. They each speak very differently as we all know. Now break it down a bit to industry categories: lawyers, doctors, writers, bankers, childcare workers and stay at home moms.

Imagine trying to gain a client from the lawyer category, but you speak like a garage mechanic--which is in a manner that speaks to people with car problems. (I am only using this example in terms of niche markets and the differences between them) Where is the common ground? Will a lawyer believe that your services will help their business? Will you be able to discuss important business with that lawyer's clients when you speak in mechanic lingo? Probably not, because they are not your niche.

OK so now, let's break it down even further. Let's say that you provide legal assistant services to the legal profession. You know how many lawyers there are and you know that you alone cannot provide services to all of them. But you know that you can manage a business with, say, 10 lawyers. You have no experience with trials, so you wouldn't be all that interested in working with trial lawyers. You have worked with divorce lawyers in the past and you have personally experienced a divorce in the recent past. You know how it feels. You had a female lawyer who was very responsive to your needs and was supportive to you and your children during the painful divorce process.

So now you are beginning to think that perhaps you could work with lawyers who specialize in divorce. But not just any lawyers, (as you remember the male lawyer that your husband had who made your life miserable). You want to work with female lawyers who specialize in divorce and who are supportive of their female clients and their families--aware of the stress and pain that divorce causes a family.

Now you are getting closer to your niche market (ideal client) and the research stage is about to begin. You need to ask a lot of questions. What 'language', (not in the literal sense of English or Spanish, but industry language), does this type of lawyer speak? You need to know this in order to speak back to her and attract her attention. Wouldn't they speak the language of compassion for women going through a divorce. Wouldn't their marketing materials be geared toward their ideal client--the woman going through a divorce. Whether you believe in the Law of Attraction or not, this IS the law at its finest and in its simplest form. Like attracts like.

So what will you do to attract this lawyer? Remember, you don't want to attract a criminal trial lawyer. You want to attract THIS lawyer as a client.

This is what you need to do. You will have to research everything about her. Who is she? What does she value? Who are her friends? What does she need in her business to find her own success? What is her pain point? What is it that really drives her to be a lawyer? What is her age? Income? Is she single? What are her aspirations?

You need to ask these questions and more. You have to try to get inside her head and see what she sees--be who she is, just for a moment. You need to observe, look around, dream, and imagine that person's life. Once you have done this extensive research on your ideal client and your target market in general, you will know how and what to write in your marketing materials to attract THIS lawyer, your ideal client.

Monday, June 28, 2010

Oklahoma Court Records - Are They Available For Download on the Internet?

Are you looking for court record cases that happened in the state of Oklahoma? If you are, you will see that it will be available online. All you need to do is visit the Oklahoma District Court Records website and you will be able to find the court record you need.

However, it is important to remember that when you are looking for court records, details are important. This means that you have to specify the case you are looking for including the name of the plaintiff and the defendant as well as the activity date and the case number that you are searching for.

You also need to know which county in Oklahoma the case happened. This way, the search will be accurate and also a lot quicker. The court records in the Oklahoma District Court Records website are updated constantly. When the website or the archives are being updated, the court records may be unavailable for viewing. You might have to wait until the update process is completed in order for you to view it online.

These are the things that you have to remember when you are looking for Oklahoma court records in the web. Always remember that whenever you are searching for court records, you have to specify everything. You have to have the name of the plaintiff and the defendant, which county to search, and also the date of the court case. By providing the necessary information, which includes the case number, you will be able to find the right court record that you are looking for.

If you cannot find what you are looking for at the Oklahoma District Court Records website, there are other places online to turn. Sites like On Demand Court Records (odcr.com) provide up to the minute updates of court cases for certain areas. There are also a number of public records sites like PublicRecordFinder and SearchSystems which offer details from Oklahoma Court Dockets.

If the online option does not work for you, you can always pay a visit to your local county court house. Most court records are public records so you should be able to search them. You may want to call ahead to make sure of open hours to the public.

If you do not have the time to search yourself or you need help, you might want to consider using a Court Records Online Search tool. These tools pool databases together to create one massive data source to search. This is how private investigators quickly get their data.

Sunday, June 27, 2010

Massachusetts Asbestos Lawyers

Asbestos is a fibrous form of several minerals and hydrous silicates of magnesium. Asbestos is used in building-construction materials, textiles, missile and jet parts, tar compounds, paints and in friction products such as brake linings.

Exposure to asbestos fibers and dust results in asbestosis, a disease of the lungs, caused by inhalation of asbestos particles. After a latent period of 30 years or more, various cancers, especially lung cancer and mesothelioma, occur. They are diseases of the chest and abdominal lining. Most of the diseases caused by asbestos are not easily treated. Massachusetts' lawyers are legal advisors who fight cases for their clients who have lost their lives due to asbestosis.

Asbestos lawyers are devoted to defending the rights of clients who have been victimized by employers and manufacturers and have been exposed to asbestos exposure. Asbestos lawyers can be hired by a phone call or through the Internet services provided by the Massachusetts lawyer.

Exceptional cases receive extensive treatment and even qualify for a higher settlement. Before any settlement, the claimant should first approve of the settlement. The easiest way to find the right lawyer to fight the case is from colleagues or those who have suffered by working in industries where they were exposed to asbestos and have already filed a lawsuit for compensation. Some asbestos companies may be out of business or have filed for bankruptcy. In such cases the client can still make a claim.

Most of the Massachusetts lawyer companies have an entire department devoted to asbestos cases. They have a team of lawyers, whose combined experience provides the client with a high level of expertise in asbestos lawsuits. These lawyers are committed, experienced and passionate, in providing the most effective legal representation for their clients. Their dedication to excellence is reflected in the results they achieve for their clients.

Saturday, June 26, 2010

Opening a Child Trust Fund

The Child Trust Fund Voucher

Opening a trust fund account is simple. The parent needs to use the voucher sent to you by the government. You will need to take the voucher to the chosen account provider and they will use this as the first deposit in the Child Trust Fund account. The CTF voucher is send to you once you have applied for Child Benefit. The voucher is very important as you cannot open your Child Trust Fund without it.

When you receive the voucher it is very important to check the child's names and date of birth are correctly displayed on the voucher. You can call the CTF helpline if they are not correct and the government will issue you with a new voucher. Each voucher contains a unique reference number. You should take a photocopy of your Child's voucher and keep it in a safe place in case you need to make any enquires at a later date.

Once you have the voucher the sooner you invest the voucher the quicker it will begin to grow into a trust fund. The voucher contains an expiry date and you do invest the voucher before this date then the government will invest it in a trust for you. If this happens the government will send you details of where they have invested the fund and you can apply to have the fund registered in your name and you can choose to move the account to another provider.

Type of Accounts

There are a large number of different providers of Child Trust providers by the account tend to fall into two main types.

Savings Accounts

One is a straight cash based savings account where the investment will accrue interest on the sums invested at a set interest rate. The account is secure but due to inflation may lose value over time. That will also be costs from the provider from running the account.

Stakeholder Accounts

The difference with Stakeholder Accounts is that the money is invested in stocks and shares. The government have made rules to reduce the risk of this type of account - the investment must be spread across a number of different companies. The stakeholder account is more of a risk that a savings account but the rewards could be higher. The problem is that as the current economic climate shows the value could also plummet if there is an economic downturn.

Once the child reaches the age of 13 the stakeholder account will begin to move a percentage of the investments back into cash. Stakeholder accounts are limited to charging 1.5% a year on the investment. Savings accounts are not restricted in this way. If you fail to use your voucher before it expires then the government will open you a stakeholder account.

Ethical and Shari'a Accounts

Ethical accounts

You can choose to place you investment with a provider that will only invest your child trust fund with ethical companies. If you do not wish your money to be invested in arms, tobacco, alcohol or other types of business you can check the child trust fund providers publicity about social ethical and environmental investments. They are required by law to do this.

Shari'a accounts

Shari'a accounts are based on Islamic values, as defined by the principle of Shari'a law, and will not invest in areas such as alcohol, tobacco and gambling.

Changing Provider

After you have opened your Child Trust Fund account you are free to move it to a different provider of type of account at anytime. There is no charge for this service but if you have a Stakeholder Child Trust Fund and it involves the selling of stocks and shares then these costs can be pasted onto you and deducted from the fund before it is transferred.

Funds changes at 16 and 18

When the child for whom the child trust fund has been provided reaches the age of 16 they can take charge of the management of the fund. They can make choices about who the trust fund provider is, how the money is invested and if it is in an ethical account or not. They cannot however withdraw the money from the Child Trust Fund.

At 18 when the fund matures the money becomes the sole property of the Child for whom the Child Trust Fund was created. They are free to do as they please with the investment.

It is always worth checking out the market to see which Child Trust Fund product matched your needs and requirements best. There a vast number of providers and a little time spent checking for the best child trust fund will be time worth spending.

Friday, June 25, 2010

Beneficiary Trusts and Their Characteristics

A trust is a legal arrangement through which a person gives control of capital or property to a trustee for the benefit of a third person. A beneficiary is a person for whom the trust fund is created. A beneficiary can be a person like, a child, a grandchild or a spouse, and can also be organizations and entities. Beneficiaries can be minors or even unborn children.

Beneficiaries can be divided into two categories. First are the fixed beneficiaries who are entitled to receive a fixed amount from the trust. Second are the discretionary beneficiaries for whom the trustees must decide as to how much capital they will receive in what time period. In the case of the fixed trust, the beneficiaries can be considered the owners of the capital held under the trust. But in case of discretionary trusts, the trustees have control over the funds and can make decisions as they see fit.

Nowadays, beneficiary trust funds are an important part of any legal system. Most wealthy families create trust funds for their children that they get benefited from at a certain age, which is usually 21 years. One can say that it is an elite concept created for safeguarding wealth and passing it on through generations. Trust funds are created to ensure that the offspring will live a comfortable life, and can be created for many purposes such as education or living. Trusts can also ensure that property and funds are handled according to your wishes after your death. Trust property or capital can include land, buildings, money, investments or valuables.

The period of time for the trust is different across countries. There are some countries that have laws against perpetual trusts. The time period has to be specified in the wording of the trust document. For example, beneficiaries can receive regular income from bank accounts over a certain period of time, or they can become owners of a particular sum of money or property when they are of the specified age.

The taxation of beneficiary trusts can be a complex issue. According to the UK tax law regarding trusts, the beneficiaries pay tax on the income they receive at the usual tax rates. The trustees are not liable for any tax payments.

Beneficiary trusts should be irrevocable, because the grantor of the trust gives up possession of the property or capital under the trust. In this way, the grantor also gains tax advantages as he/she does not have to be liable for taxation on the property under the trust. If the trust is revocable, it can be subject to court discretion.

Trust funds can also be handed down to generations, and this can lead to the creation of a perpetual trust. The beneficiaries may, through a process, decide to hand down the trust to another individual or business entity. Since the trust contains a property or capital, beneficiaries can sell it, re-assign it, exchange it, release it, or even mortgage it just like other items of property.

Thursday, June 24, 2010

Cell Tower Lease FAQ's

Q: Who are the carriers who could likely present me with a cell tower lease to be negotiated at my property?

A: Generally the wireless carrier will not present you directly with a cell tower lease. One of their wireless site acquisition or real estate managers will usually contact you first to gauge your interest level. You want to make sure before entering into a cell tower lease agreement with any of the wireless carriers doing business (ATT, Sprint-Nextel, US Cellular, Metro PCS, ClearWire, Verizon Wireless, Alltel, T-Mobile) or sign a contract with any of the large tower development or rooftop management companies (AAT, Crown, American Tower, SBA) that conduct your due diligence, but don't wait too long.

Also if you're lucky enough to be contacted by any of these firms, make sure that your you or your lawyer don't negotiate yourselves out of a cell tower lease. Often times attorney's start marking up a lease agreement just to get billable hours. If carriers have to waste a lot of time going back and forth they will move onto another site that's willing to do business, and then you will wind up looking at the site instead of collecting rent from it.

Q: What should I look for in my cell phone tower lease?

A: A properly executed cell tower lease should protect your ground space rights, rooftop space rights and address subleasing / subletting issues that many cell site owners often time miss. It will also include tax language to protect you from assessments. Also, it is crucial to properly develop the site (height of tower and available ground space) to allow for expansion and collocation which will increase revenues on the cell tower. All cell tower lease exhibit drawings should be completed by a state licensed architectural engineering firm. I could write a list of a dozen things that seasoned real estate attorneys miss regularly on cell tower leases, but then where's the fun in that?

Q: I don't know anything about zoning or construction project management, should I even bother with getting a cellular site built on my building's rooftop?

A: The carriers will not select your site if it is not feasible for development from a number of aspects, mainly zoning, and land use perspective. Only enter into a cell tower lease that puts the burden and expense of obtaining permits and approvals on the carrier or tower company, not on you the Owner/Landlord.

Q: What if cell towers become obsolete? What happens then?

A: Carriers are heavily invested into the development of the wireless network. Over 70% of the U.S. population uses cell phones. So if you hear rumors about a balloon or blimp or satellite being used for cellular technology don't be fooled, cell towers are here to stay. We didn't stop using Sony Walkmans either, they just call them iPods now, but people will always want to have personal music players, and the same holds true for personal communication devices.

Q: How long will my cell tower lease be good for?

A: When you sign a cell tower lease the lease term will be initially for 5 years with two renewal terms in most cases, and an additional ten year term after that. Since no one has a 35-year cellular tower lease as of yet, we can't say how long they can be extended for, but assume that your cell site leases will be extended for as long as you own the site and people need to speak to each other on wireless devices.

Q: How much can you get for your cell tower lease?

A: Isn't this always the big question... And our answer is that it depends how badly they need your site and where you are located. The closer to the heart of a major metro area, the greater the demand for wireless coverage and capacity will be, and the more you can get. Rooftop sites vary from ground leases. For example in Columbus, Ohio you might get $1,100 per month each for three carriers on your rooftop totaling $3,300 per month. While if you had a cell tower on your property in the same city you might get $1,200 for the first carrier who built the tower, and to additional carriers pay rent to the first carrier to co-locate on their pole, and then each pay you $900 for ground space rights, or a total of $3,000 per month.

Q: Shouldn't My Attorney Be Able To Guide Us?

A: A cell tower lease is a very intricate and specialized contract that is weighted heavily in favor of the cellular carrier. But think about it, it needs to be. Getting a cell tower built on your property is like having Donald Trump saying, "I'd like to have a small portion of your ground space, and I'm going to build a structure on your property that costs hundreds of thousands of dollars at MY expense, and it can potentially bring you $1-2 Million in rental income over a 25-30 year period if we can develop it properly. But I'm only going to do this if the contract protects my investment. And if you don't like it, no hard feelings, the guy next door has 2,000 square feet of space and could use the retirement money."

Now nothing against Mr. Trump, because he is an icon of success, but if you were going to sign a deal with him would you use an average attorney or get a top-gun attorney? And that's where we run into a shortage of talent in the marketplace. Those who can afford it hire a specialized cell tower lease attorney, those who can't cross their fingers and hope that they are getting a good deal.

That's why cell tower development and leasing on your own is a challenge and why property owners who can find a partner to work with are well served in both the short and long term.

Q: How can I get a cell tower lease signed for a tower on my property or antennas placed on our roof?

A: Having an uncle working in the real estate department at one of the carriers is your best bet. If that's not an option, submitting your site to the carriers directly gives you roughly a 1 in 1,000 to 1 in 10,000 chance for site selection.

Here's our insider secret to getting a cellular carrier interested in your site, revealed for the first time anywhere. First, pray to the gods of Radio Frequency. Then print up a dozen or so 18 inch x 24 inch "bandit signs" on your property that say in bold letters "I Want a Cell Tower On My Property." Your neighbors will probably steal them, but keep them posted on your property in a visible area. If a site acquisition consultant happens to be driving that way, you should get a call.

Last Question... (Extra Credit)
Q: What's the difference in signing a cell tower lease at $2,000 monthly with 2% yearly increases vs. the same monthly rental amount at 3% early increases over a 25-year cell tower leasing term?

A: The difference is $132,000 over 25 years. WOW!! Are you happy or are you kicking yourself?

Wednesday, June 23, 2010

Colorado Child Custody Lawyers

If you have children and are involved in a divorce or separation, then it is important that you hire the services of a good child custody lawyer, who can fight for the custody of your children. One can find numerous child custody lawyers spread across the entire region of Colorado. A simple search on the Internet or the local yellow pages will help you in your search. You can also seek the advice of friends or other family members who may have used a child custody lawyer in the past.

An experienced and concerned attorney will guide you through the entire legal process and respect your needs. It is often seen that during divorce cases, litigants often change their lawyers before any conclusion is reached in their case. One of the reasons for this is that people often do not do research before hiring the services of a Colorado child custody lawyer. It is always preferable that you meet at least two to three child custody attorneys before you make a decision. Take into consideration all the factors that form the basis for your decision. Using the right lawyer is the best way to guarantee that you will gain custody of your children.

Look for a lawyer who has relevant experience in fighting child custody cases. An experienced lawyer is familiar with the law and the entire legal system. A seasoned lawyer is not likely to be caught off guard and is always better prepared to handle a crisis.

A lawyer with ten years of experience is usually ideally suited to handle your case, as long as they have specialized in handling child custody cases. Any lawyer you choose should have at least 50 % of their practice to child custody laws.

Try to get referrals from a Colorado child custody lawyer before you hire any lawyer. A referral should give you a fair idea about the competency of a lawyer and let you know whether he or she is able to handle complex cases. Find out whether the lawyer that you are hiring is part of a reputed association of child custody lawyers. Such things determine the overall expertise of a Colorado child custody lawyer.

Tuesday, June 22, 2010

Cheap Divorce Lawyers

Divorce lawyers are usually those lawyers that deal with the family law. They are specialized in all areas of family matters and can provide sound legal counsel when approached. It is usual (as well as safer) for both parties to use different divorce lawyers to deal with the proceedings.

Checking through the yellow pages would produce quite a list of lawyers practicing family law. However, the best kinds are divorce lawyers who are most well known by word of mouth. Browsing the Internet is another option to look for a good divorce lawyer. Many websites help customers locate a good practicing family law lawyer in a specific area. Of course, locating a divorce lawyer through the state bar association is an always available method for those looking for accredited lawyers working for the government.

Available online is a lot of information regarding the divorce proceedings. This can be of a big help if either party is looking for a cheap divorce. It is possible to get cheap divorce if there is no contest from either party or no other litigation with regards to child custody, and things like property rights. Knowing all the rules and divorce laws can reduce the lawyer expenses while ensuring uncomplicated settlement between both the parties as per the state divorce laws. All such information is available online and can be retrieved with minimum effort. Online lawyers are available to help in cases where an online divorce service is entertained due to lower cost. Paperwork obviously is minimal since everything is online and the best part is that it's all completely legal!

It is important to note that cheap online divorces are only suitable for those who wish to separate without any lingering issues pending between them. No-fault divorces are usually considered cheaper. A 'no fault' divorce happens when both parties agree to separate peacefully.

Available online are websites that work as referral services to a number of lawyers willing to work cheap. Most of these websites provide free forms to start the divorce proceedings along with legal support at a considerably low cost. However, cheap divorces are not for those who require a lot of settlements prior to the dissolution of the marriage such as property, settlements, children, and pet custody. This is important to note since divorce decrees are final and cannot be reopened or changed at a later stage.

Monday, June 21, 2010

Never Drink and Derive T Shirt Changes Lives

Never drink and derive! It's such an important message that I'm going to go ahead and say it another way. Don't drink and derive! Euclid and Pythagoras and all those derivers of old would never have believed the mess this number stuff was going to cause on college campuses across the country. Unbelievable really.

Kids...just kids really. Pushing pencils on graph paper, wielding t squares uncertainly, erasing errant lines, trying so hard to be precise, wishing they weren't the only college students in the Northern Hemisphere without access to a computer. So they drink beers, tequila and fermented pineapple smoothies, hoping to "get off" and hold it together in equal measure. Ultimately, they're endangering their reputation and maybe even their lives if you think of it in a very exaggerated way.

OK, so if you're reading this you know how important it is to spread the word, to remind the young people, to stand up and be heard. It may look harmless and innocuous, but the results of drinking and deriving can be devastating. If you believe this with all of your heart or you're effectively being manipulated and perhaps brainwashed by my persuasive prose then for certain you must get the Never Drink and Derive Tshirt.

Trouble is you can only get the authentic shirt of this ilk in one place in the universe and it's very important you know where this shirt bazaar is located on the intarweb. Lucky for I have the inside scoop and it's totally true you can discover this finery at...

Sunday, June 20, 2010

Animal Bites

Domestic animals have evolved over many years to be suitable pets. Generally, they are fun and friendly companions for their owners; however, occasionally, an animal behaves aggressively or erratically, which can cause injury to their owners or someone else. When an animal displays violent behavior, it is important that owners take necessary precautions to protect people from their pets.

Dangers

An animal that has been violent in the past is more likely to repeat their behavior. It is the pet owner's responsibility to take the necessary precautions to prevent them from harming someone. This is especially important when guests are in their home, or when the dog is outside near new and unfamiliar people. Animal bites can cause serious injury, and in extreme cases, even death. Commonly reported injuries include:

• Lacerations or cuts

• Infection

• Nerve damage

• Muscle damage

• Scarring

• Rabies

If you have been bitten by an animal that has drawn blood, you should seek immediate medical care. Bites are highly susceptible to infection due to all of the living bacteria in an animal's saliva. Additionally, rabies is a disease that can travel from an animal's saliva to humans and, if not treated, is fatal.

Liability

If an animal has a violent history, their owners should be extraordinarily cautious when introducing new people to their pet. Once a dog has one instance of violence on its record, the owner becomes liable for any damages their pet may inflict in the future, including the victim's medical expenses, pain and suffering, and, potentially, lost wages.

If you have been bitten by an animal because its owner was not properly containing it via leash or fence, they may be liable for your damages. Speak with a personal injury lawyer immediately to discuss your grounds for filing a suit.

Treatment

Treatment for an animal bite varies depending on the type and extent of injury; however, regardless, if the animal broke skin, you should seek medical assistance.

An animal that has violent or aggressive tendencies may also be treated for their behavior. There are several dog training schools that work toward taming an animal. Frequently, violent behavior is the result of an abusive or neglected past. In many cases, this manifests in dogs as nervousness or anxiety, which makes them prone to erratic behaviors.

Saturday, June 19, 2010

What Happens When a Pilot gets a DUI/DWI?

Your worst nightmare as a pilot - a DUI. Will this end your career as a pilot? What if you are the lawyer representing a pilot? Is this a simple DUI case or will it end your law career with a malpractice lawsuit? I know these questions can light up your eyes to why a pilot is different when they get a DUI.

First, pilot or not, you have to follow your state laws. Keep in mind your time frame for appeals or administrative hearings. You could probably get your driver's license back under an occupational license during your suspension. Even if its your first offense, you better be on your toes if you want to keep flying.

Second, pilots fall under another set of rules from the FAA. They are the FARS (Federal Aviation Regulations). Do you have to report to the FAA now or later? Can I just put it on my FAA First Class Medical Certificate? Can I just call the CFI (certified flight instructor) at the local FAA office FSDO (Flight Standards District Office)?

Your most important resource (lawyer or pilot) is Section 61.15 of the FARS. Section (e) states that you must report "not later than 60 days after the motor vehicle action". It lists the things you must submit to the FAA, Civil Action Security Division in Oklahoma City, not your local FSDO. This is very serious as section (f) states "Failure to comply with paragraph (e) of this section is grounds for . . .(2) Suspension or revocation of any certificate, rating, or authorization issued under this part."

In summary, what do you do? If you are convicted of a DUI/DWI, it must be reported on your medical application. You also have to notify the FAA in Oklahoma City within 60 days of the conviction. Do NOT contact the local FSDO, as this is NOT incompliance with the FARS. Do this quick or face a suspension for a non-reporting violation.

Drinking and Driving is bad. Drinking and flying is worse. Both can end careers, lives and marriages. They can even take innocent victims. Also, if you have two separate incidents within a 3-year period, then the FAA can deny an application or revoke/suspend a pilot's license. You can avoid all of this by not drinking and driving.

Friday, June 18, 2010

Networking - How and Why

Are you frustrated with the ineffective activity of attending events touted to be a golden opportunity to meet business people with whom you can do business? The outcome, more often than not, is a hand full of business cards that are put in a drawer with no follow-up from you or the other person.

Entrepreneurs have capitalized on people's naivety on how to reach more clients/customers by turning networking into a business - from BMI to Le Tip and Meet-Up. However, people are not conducting more business or making more money than those who never attend a 'networking' event. The question is, of course, why? The majority of people do not understand the complex psychology of high-net-worth clients, CPAs or other centers of influence.

Networking events are devoid of your most important client relationships. Networking events are stacked with those who do not know how to network with people of influence. Thus, you are meeting people who are only looking to 'sell.' This undermines your credibility as a true professional. You need to consider going back to the old school networking method.

The old school networking method is based on learning the psychology of referrals. You need to learn a set of skills and a process that will help you position your referrals from strength...not weakness. This approach reflects the core attitudes and attributes of top clients. It calms their created referral fears and resonates with their own self-image of intelligence, professionalism and success.

Old school networking begins by connecting with someone who might know the person you need to connect with to achieve a goal, purchase something or gather information.

For example: In 1985, I was on a management and organizational consulting assignment with a major bank in Tulsa, Oklahoma that was going through a merger. My phone rang. The caller introduced himself - "This is Robert Jones (not his real name) I am the President of XYZ bank in Kansas City, MO. Your name was given to me as the best person in Tulsa to contact." (Flattery works, but be cautious. It could come across as disingenuous. Who gave him my name has long ago been forgotten.)

What can I do for you, Robert? I asked. My wife was recently transferred to a plum job in Tulsa. It was a job she wouldn't turn down for her career, so, I am the tag along spouse. I am looking for a new opportunity in banking in Tulsa. I don't need to be, president, head of a division in a large bank is of interest. Our conversation continued. Although, I didn't know of anyone to refer him to, I suggested he send his resume. His resume was impressive. I gave his resume to two division VP's in the Tulsa bank. They both agreed he had an impressive work history and they would keep him in mind if they heard of a position commensurate with his background. Three weeks later, I received a phone call from a headhunter in Tulsa, who I knew before taking the consulting assignment. She called because she was looking for a candidate for a Tulsa bank that needed a new president to do a turn-around. Was I the last person she would think to call? No. Why? Because I work in a large bank, I am in a center of influence in the industry she is hoping to find a candidate. Of course, I told her about Robert Jones. Of course, I wouldn't be telling the story unless it was a home run. Indeed, Robert was offered and took the job two months after his initial phone call to me. August, 1986, I moved to New York, Robert and I kept in contact.

Three years later, Robert called me, because he had done such a good job turning the bank around they didn't need him and his position was given to a division VP, they wanted to give a promotion. I knew the Tulsa manager of the government managed Resolution Trust Corp., organized to resolve the savings and loan debacle. I suggested Robert contact the Tulsa manager. He got a job in Tulsa with the Resolution Trust Corp. We are no longer in contact, he might have retired.

You have heard the cliché, it isn't what you know, it is who you know. Of course, intelligence, skills, talent, experience and reputation are important. The bottom line is, you need to develop relationships with influential people.

If you want to establish a network of people you need to develop a list of twenty names in four categories or those who know others who are influential in areas you need contacts. Twenty names is all you need to have a well organized and honed network. List five names in each area: Personal, Professional, Community and People of Influence.

o Personal: Country clubs, organizations, sports activities, golf, sailing, travel, skiing, hair-stylist/barber (they know many people), etc.

o Professional: colleagues, competitors, suppliers, CPA, lawyer, professional associations, etc.

o Community: Clubs, civic organizations, religious community, chamber of commerce, local business owners - dry cleaners, etc.

o People of Influence: Politicians, University career center, sorority/society, high school/college friends, etc.

o Do research: Google, local newspaper, local business journal, WSJ journal, hobby publications and more.

o Identify twenty people you would like to be referred to - find a connection to get the referral..

o Identify twenty people you have on your referral list to refer people to them..

o Last, but not least, quid pro quo is a highly honored and accepted networking strategy. Use it well..

It has been said that a well designed network means that one needs to make only two phone calls or less - one to someone, who would know the right person to contact, or the right contact.

Although, I would not have considered myself the person for Robert to contact in his job search, I am a commensurate 'old school' networker and I was working in the industry he was interested in finding a position. Furthermore, since I was in Tulsa less than a year, I would say, I was the last person to contact. Yet, I was the one who had the right contact to lead him to the right job, not one, but twice.

If there is a moral to the story, it is this, 'old school' networking works.

Thursday, June 17, 2010

My First Job

People always remember their firsts: first day in school, first day in college, first day in university, first job, first love, first kiss etc. For me it is my first job which is very memorable.

But before that some history about myself.
I came to USA for doing Ph.D in physics which I completed in 1993. After that I
worked as a post-doctoral research associate for two years in Norman, OK. But when
the funding ran out and it turned out I am not quite the Einstein I thought to be,
I was left with no choice but to find a job outside of academia.

Some people said with my background in physics and with Ph.D from a well known
university and also an MSc from one of I.I.T's in India, I can easily get a job
in industry in companies like Microsoft, Hewlett Packard, Applied Materials etc.
However, my job search did not turn up any results in two months. Even though I
got some job in India, I was not willing to go back and wanted to explore further what uncle Sam might have in store for me.

But no job, no job. Then someone suggested I could look for job in the software
industry which was beginning to boom. I had done lot computing as part of my
research. So I thought it is not a bad idea. So I started applying to software
companies in the internet. But most companies kept rejecting by saying I don't
have any relevant experience. Some will talk to me for a few days and then eventually it will not go anywhere after that.

While I was doing that, I started learning about C programming language. Before
then I have done programming in Fortran language only. So I started learning about pointers, memory
allocation, etc. I also started learning about C++ which was gaining popularity at that
time. I kept on learning. Encapsulation, inheritance, polymorphism. I
liked the idea of inheritance and polymorphism very much. While the university
had no funds to pay me anymore, I could still use their computing and other resources, e.g. phone, fax, internet etc. This turned
out to be a great service for me.

But I was still not having any luck in finding a job. Everybody said they need industry
experience which I lacked. Almost a whole month went by, and still no luck.

In fact, a time came when I gave the hope of getting a job and almost about to head back home. But before leaving I gave a call to one of companies I was dealing with. I had talked with them before. This time, the president of the company
himself took the call. When he learned about my story, he decided to give me a
chance. He offered me to come there and stay in their guest house and learn more
programming and they will look for projects for me. At that time, it sounded like a gift from heaven to me.

So I packed all my stuff, vacated my apartment, bid final good bye to the academic world and headed for New Jersey.

New Jersey

It was a small infotec company in New Jersey. They had a two bedroom apartment
which they used as their guest house.

They also urged me to learn visual C++ and I started learning it. However,
they had only one computer for use and sometime there will be competition over who will get to it first.

The company had probably 50-60 employees and most of them were at their client
site working on various assignments. There were only four people in the office.
In fact, most people were recruited over phone and never even came to the home
office.

They had rented a two bedroom apartment which they called the guest house. This
was going to my address for a while.

Life in the Guest House

At a times, their guest house really got crowded. People were coming from India.
Some got placed pretty much immediately but some had to wait a while.

Sometime the mood got very festive. People talking, joking, playing. One day,
someone was cooking while some other people having a hearty adda (chit chat). So
he also joined in the party. But he forgot to switch off the cooking burner.
He was having so much fun, he didn't realize the oil had gotten over heated
and started burning. It caught our attention only there were smoke all over the
living room. Immediately we ran to the kitchen and switched off the gas. But the
oil was still burning and so much smoke came out that it triggered the smoke
alarm. We quickly opened the windows and tried to fan the smoke out with some newspapers. At one point we were worried if police or fire brigade
will come and what they will think when they find so many foreigners in a single
apartment. So someone suggested most of us could hide in the bathroom. Then
someone pointed out the closet which was a walk-in close and could fit 5-6 people easily. But no police or fire brigade ever came and the smoke cleared in an hour.

In another day, someone put a hot cooking pot containing lentil right onto the carpet. No one seemed to notice what happened until we finished eating. The pot
has burned the carpet it was sitting on, we discovered when the pot was lifted.
Everybody was very nervous. Weeks later, it will a subject of obscene joke : an black round spot exactly in the middle of the apartment.

Also people will forget one or another sometime : may be switching off
light or the air conditioning, one someone even forgot to turn off the cooking gas, it kept burning the whole day. It was very fortunate that the whole apartment was not burned down. But every time the company president knew about
it, he would start yelling, and the blame game will start.

Hopeless quest for job

As I was learning visual C++, they would try sending my resume
for review to some companies. In all cases, it will be completely ignored. Sometime the marketing person will talk to someone mentioning my impressive educational
background. But only response he would get from the other end was in the form of
a question : how much industry experience does he have? Answer was, of course, ZERO! It was getting more and more frustrating.
In one instance, he almost yelled at them saying : 'he has written thousand lines of code'! To this day, the desparateness, frustration and poignance still
rings in my ear.

I was also getting sick of learning visual C++. I know I can write program that
can fetch data and display it on the screen, but what all is there to learn?
One can not memorize the whole windows api.

As I was learning visual C++ and sometime visual basic, I also had another task
to take care of. This was to drive people around. Even though most people
found jobs without too much effort, there were few who took some time. They
will have interviews here and there. Since they just came from India, they didn't know driving and my ability to drive a car came very handy to them. So
I would drive them to places. In one incident, I drove one guy to some place
in North Jersey and I got lost. Cell phone were available at that time, but almost no one
had them. I stopped at a lonely gas station and made a call. It was so lonely
and time was around 11 pm, I got really scared. In another instance, I was
supposed to bring back a guy from some town in philadelphia who got rolled off
from the project just after a week. This time also I got lost and found myself
driving on a very narrow road. There was no way to turn back. Finally I stopped
on the shoulder which was grass. There was a car coming from behind, so I waited
until it passed. But to my surprise, the car stopped just by my car. I was very
scared. But when the windows rolled down, I saw an old lady instead of a someone
pointing gun at me who asked if I was alright and needed any help. I was so
touched by this gesture. So I smiled and said no. I turned back and eventually
found the guy and headed back to the guest house.

The fight with Lawyer

The first thing they had do was to get an H1B approval for me. But
the lawyer was very much against me. One day the president of the company got
in phone with him and an entertaining conversation followed.

Lawyer: How can you be sure he can do this job?

President: I know his background, he can easily learn this.

Lawyer: Okay, but his degree is in physics it will be very difficult to get H1B
approval for him.

President: He has done lot of programming as part of this research, it should not be any problem.

Lawyer: Okay, but this is still a very complicated case and lot of extra work needs to done, it would cost XXXX dollars.

President: Oh my god! Etna mat bolo. Hamara seva karo. (Don't quote so much, serve me well).

Lawyer: No man, it can not be any lower than that.

President: Kar do bhaiya! Main to garib admi hun. (Please do it, we are too poor!)

Lawyer: I am giving you the lowest price! Others will charge you a whole lot. (Meaning he would suck the last drop of blood from you if he could.)

And the coversation continued for a while. It ended like this.

President: Okay, we will get all paperwork ready. Please start working on this
as soon as possible.

Lawyer: Don't worry. As long as it is in my hand everything will go smoothly (meaning he didn't have a clue what he was talking about).

Return to India

At some point, I decided to go home and stay there until get a project; the chance of
which was getting slimmer and slimmer each day. So I bought a one-way ticket to India and headed home. There was very good chance that I will not return back to USA. At home, my parent pestered me so much to get married.
So I decided to get married even though I did not have a job. This is partly
because I was not having much luck with girls. I did have chances though, but I
blew them all. But this is not relevant in the context of this story. May be later.

But right after getting married, guess what, phone started ringing from USA.
The infotec company has finally found someone who was interested in my resume
and an phone interview was scheduled quickly. The interview was not as great as
I thought! But one hour later, I got a call back saying I was selected for the
job. Take that! I got a job.

After that everything was arranged with lightening speed. The plane ticket was booked and
I headed back to US. But even this part was not without kinks. They booked a
ticket on Tower airlines! I was supposed to fly out of Mumbai. I was to collect
the ticket from the Tower office in Mumbai. When I tried to find their office
in the largest city of India, I had troubles. The taxi driver took me around the
city (probably twice) and when finally located the office, they said I simply
had to pick it up from their counter in the airport itself. Well the taxi raced
back to the airport and dropped me there. He demanded about thousand rupees (or
fifteen hundred, I don't remember today).
But everything went smoothly after that! In the airport in New York, two people
from the office came to meet me! It was so touching.

My professional career

In the first job, I performed really well. I guess having some good education really
makes a difference. After a few months, everyone was talking about my programming style as if I had been doing programming for years!

One year later, I decided to look for another job and I got one this time in the
company called Sabre group, a spin off company from the American Airlines.
This was a difficult decision to take, to quit the company which helped me land
my first job. But I thought I have served them enough even though I am pretty thankful for what they did for me.

In the second job also I did really well and although there were twists now and then, I was
employed long enough to get my green card.

In my first job I did mainly C programming, then move to C++ and java and then
J2EE. Ironically I never used visual C++ or visual basic.

At this place I also got to know about stock market. I saw lot of colleagues surfing
the finance sites (e.g. Yahoo finance) during office hours and also doing stock
trading in their brokerage account. I did not know anything about stock market
until that time. So I looked for some information and
decided to get in
this game: a decision I very soon learned to regret. Almost all my trades
ended up in loss! Those early days of investing is described in in my web site: http://www.stock-article.com/.

After a year
I had lost almost half of my money! But then came the internet bubble. I made good
money by trading first Ebay and then Amazon. I continued trading until March of
2000 when my account value was almost at stone's throw away from the million
dollar mark! But as the internet bubble burst, so did my account. It quickly
lost half of its value, and then three-fourth, and so on. But it didn't go down
to zero! In fact, I never held onto any stock for a long time. Even though some
stocks went to zero, my losses were limited. But I would try to recover the loss
from another stock which would also go down. And the losses added up. I guess
some people never learn. But slowly my trading activities stopped and I have to
be content with my account balance which is now only fraction its peak value.

On the job front, having spent almost decade in industry, I feel I am at the square one
again sometime. I find it difficult to find jobs. Probably I will not find any job at a
time when all jobs will be lost to outsourcing. But I will not go hungry, I have
enough to live in India happily. I also think of starting a company with my ideas. If some angel investor or venture capital will give some money, may be I
will do just that. I also write occasionally. Having written a few poems, short
stories and articles like this I sometime feel like writing a full length novel
and become a writer full time.
Who knows what I will be doing in future? But whatever I
end up doing, I will never forget the way I landed my first job and the chain
of events surrounding it and the few months I lived in the company apartment (the guest house). Hope you enjoyed reading it.

Copyright © 2005 Gautam Dev. All rights reserved

Wednesday, June 16, 2010

Landlord Advice in Rent Control Markets

Introduction

In America, rent control laws were first introduced during World Wars I and II as a response to shortages and economic pressure. Today they are either leftover laws from these time periods or have been reintroduced by a state according to need. The most important point to remember is that rent control laws can vary widely from state to state, and from county to county. Even cities in the same county can have different laws due to various demands in markets and local demographics. So, you should conduct an inquiry as to the details of your city's control laws. This article provides basic background information on residential rent control.

Basic Background

Rent control laws are set by a local board which determines the price ceiling for rent rates. The board determines the rates by considering various factors including cost of living, average rent prices in the area, and the type of rental unit. For example, some local boards apply rent control laws that are specific only to a certain type of building, such as large complexes or multi-floored apartments. As you can see, these factors will all vary from region to region.

Generally, rent control laws require a landlord to fix the rental price while the tenant is under a lease. This means that so long as the tenant is under the lease, the landlord cannot raise the rent. Or, they can only raise rent by a certain annual limit designated by the local board. Only when the unit becomes vacant can the landlord raise the rent in anticipation of a new lease with a new tenant. Some laws prohibit raising rent even if the unit is vacant. Those laws can also limit the landlord's ability to evict a tenant, especially without just cause.

Basically, rent control means that the landlord can set the initial rent amount, but cannot raise the rent or is severely limited in the amount they can raise the rent.

The effect of controlling rent is that the longer the tenant stays in the unit, the rental payment becomes relatively less compared to the average rates in the surrounding area. So, the laws tend to favor the tenant, and most landlords dislike rent control. Instead of stabilizing rent rates, rent control laws can sometimes create pockets of disproportionate rates within a community. Those control laws can also have the unintended effect of limiting the amount of available housing in a city, since housing contractors can be hesitant to build in cities with it.

Consequently, many landlords are critical of those laws, although they must be abided by. Failure to adhere to the practices can result in legal sanctions for the landlord.

Vacancy Decontrol- What happens when the unit becomes vacant

A legal phrase that frequently comes up during rental rate control discussions is the term "vacancy decontrol". Vacancy decontrol refers to ordinances regulating rent prices once a unit becomes vacant. As described above, most landlords will want to raise the rent after a lease is completed and the unit becomes vacant. Vacancy decontrol laws regulate whether the landlord can raise rent, and if so, by how much.

Usually when formulating vacancy decontrol rates the local board considers such factors as the tenant's income and the previous rental rate. Ordinances that do not include vacancy decontrol provisions are known as "strong rent control" laws. Be sure to check for vacancy decontrol regulations when making a inquiry in your area.

Rent Control Preemption- Prohibiting It

In response to an endless barrage of complaints by both landlords and tenants, several states have adopted legislation that prevents local municipalities from imposing control laws. Legislative acts that prevent those laws are known as the Rent Control Preemption acts.

The term "preemption" means that the state's decision to prohibit rent control overrides the local government's authority to impose such laws. This means that if your state has adopted Rent Control Preemption, then it's not allowed by law in your state.

Again, different states adopt preemption acts in various ways- some states adopt in whole while others adopt only part of the act. Usually the state will implement a preemption provision that has the following language:

"A local governmental unit shall not enact, maintain, or enforce an ordinance that would have the effect of controlling the amount of rent charged for leasing residential or commercial property."

Even if the state has not preempted rent control, some states do make it very difficult for tenants to qualify for it. For example, in New York a tenant only qualifies if they have lived in their unit since 1971. This basically allows a greater number of landlords to raise rent according to their needs. Check to see if your state has preempted rent control (see the following lists below).

Laws By Region: States That Allow vs. States Preempting

Currently, only five states allow controlling rent. In contrast, several of the 50 states have adopted some form of preemption, and a handful of states neither enforce nor preempt the laws.

States that do allow rent control are:


California
District of Columbia
Maryland
New Jersey
New York

States that have adopted preemption (do not allow) are:


Alabama
Arizona
Arkansas
Colorado
Connecticut
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
New Hampshire
New Mexico
North Carolina
North Dakota
Oklahoma
Oregon
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming

States that neither enforce nor preempt are:


Alaska
Delaware
Hawaii
Maine
Montana
Nebraska
Nevada
Ohio
Pennsylvania
Rhode Island
West Virginia

Rent control by city or county is largely dependent on the demographics of the city. A main factor in determining it by city is the turnover rate between new tenants. Cities wherein tenants leave or change residences very quickly are favored targets for those ordinances. Examples of such places are college towns like Berkeley, California or metropolitan areas like New York or Los Angeles. Unlike suburban or rural areas where there are less tenants coming and going, heavily populated cities tend to strictly enforce those laws.

In Mobile Home Parks

Another aspect of rent control laws has to do with mobile home parks. Out of all residential arrangements, mobile home communities are probably the most regulated under control laws. This is because most mobile home owners own their mobile home units but rent the land on which it is situated. Mobile homes are also very costly to move and lose value when they are moved. Thus, in some areas rent control focuses mainly on mobile homes. For example, California has only 13 laws but over 100 laws regulating mobile homes.

Recap: What to consider if you are a landlord

To recap, landlords should be able to answer the following questions regarding rent control and their residential unit:


Is my residential unit subject to local control laws?
If there are local control laws, do they include vacancy decontrol provisions?
Does the state I live in preempt rent control?

Tuesday, June 15, 2010

Negligent Hospital Staff

When people go to the hospital, they expect to receive adequate medical care that will improve their condition. Unfortunately, some patients are treated by negligent hospital staff that may worsen their condition and prolong their suffering. Doctors, nurses, technicians, and other hospital staff can make a number of mistakes that may compromise a patient's health. When accidents occur, the negligent party should be held accountable for their actions.

Common Hospital Mistakes

Mistakes occur quite frequently in hospitals. Hospitals that are understaffed typically over-work their employees, which results in a higher risk for error. Commonly reported hospital mistakes include:

• Failure to correctly diagnose the problem

• Distributing incorrect medications or dosage amounts

• Surgical errors, including: wrong location, or leaving tools in the body

• Improper use of anesthesia

• Birth trauma

• Incorrect reading of blood tests

• Inadequate monitoring of patient

• Failure to sterilize equipment, resulting in infections

• Defective machinery

If you or someone you love has suffered from a negligent hospital staff member, you deserve compensation for your losses. When medical care professionals make mistakes, the hospital is liable for any additional suffering they inflicted on the patient.

Damages

When a suit is filed against a hospital for negligence, the plaintiff must be able to prove that all of the criteria of negligence were met. Afterwards, they may negotiate a settlement amount in order to compensate the victim for their losses. This is typically a monetary sum that covers any additional medical treatment the victim may need, as well as pain and suffering, lost wages, and other related expenses.

In the event of a wrongful death suit, the family of the victim may sue the hospital for more compensation. Generally, wrongful death suits result in monetary compensation for the victim's medical expenses as well as pecuniary damages. Pecuniary damages are comprised of the victim's future wages and their future net worth. This is calculated by determining how much money the deceased would have earned throughout his or her lifetime.

Filing a Suit

Because of the depth and complexity of medical malpractice suits, most law firms will evaluate the details of your case during a free consultation prior to accepting clients. During this process you should expect to discuss the event, records, and results of your experience while in the hospital.

For more information about how to take legal action against a negligent hospital staff, contact the Oklahoma medical malpractice attorneys of the Abel Law Firm today.

Monday, June 14, 2010

Medical Malpractice Claims - A Costly Endeavor For Both You and Your Medical Malpractice Lawyer

Everyone who has a bad outcome from a medical procedure, or lack thereof, feels they have a medical negligence claim. It is not that easy. Many times the action must be looked at in reverse, starting with the damages to the individual. If the person is not seriously and permanently injured, then a malpractice case may not be justified. This is true even if there is negligence by a doctor. This is true because these claims are so costly to pursue. Not to say anything of the time and effort needed to make a case. The action has to be economically and productively feasible.

Costs associated with a medical malpractice lawsuit will usually have a range of $25,000.00 to $100,000. In certain types of medical malpractice claims the costs will far exceed this range. The main expenses involve hiring of experts in the various fields necessary in order to establish each specific area that must be proven. One expert may be retained to establish that the defendant doctor breached the standard of care for physicians practicing in that specialty. Another may need to provide testimony to establish that the breach of the standard of care was the cause of the injury. Yet others may need to establish the nature and extent of the injuries.

Many medical negligence lawsuits, such as birth trauma cases require several different experts with varying expertise. Some of these cases occur because the fetus has been deprived of sufficient oxygen for a period of time. Cerebral palsy can be the result. Experts, such as obstetricians, nurses, pediatric neurologist, pediatric neuroradiologists, pathologists, economists, and life expectancy experts are the norm in these cases.

Most of the experts have to be retained from other states in which the case is being litigated. Medical Practitioners do not like to testify against their in-state brothers. The costs of the experts plus travel and other associated expenses will rise quickly. Consider the cost for the expert to review hundreds of pages of medical records at $300.00 to $1000.00 per hour, plus costs of depositions at $1500.00 to $5000.00 plus trial testimony at $5000.00 to $10,000.00 or more for one witness. It is easy to see why these claims must be viewed from an economic standpoint before they are ever undertaken.

People who have been wronged by the medical profession need to understand that simply being wronged does not automatically mean they should pursue a medical malpractice case. Lawyers handling these claims should not accept them solely because the physician has been negligent. Unfortunately, economic realities must be considered. Take a situation where a person has been damaged to the extent that a jury might give them $50,000.00. If it cost $25,000.00 to pursue it, not counting attorney's fees, the lawsuit is not economically feasible. Hard decisions need to be made by a client and the attorney when medical malpractice cases are involved. If the wrong decision is made, no one will be happy in the end. The wronged party will feel wronged again... this time by the legal profession rather than the medical profession.

Sunday, June 13, 2010

Post Traumatic Stress Disorder

Post Traumatic Stress Disorder (or PTSD) is an anxiety disorder resulting from a traumatic experience. In order to be diagnosed with PTSD, symptoms must occur for more than a month and severely inhibit the victim's ability to function in their private and professional worlds. A wide array of experiences may cause PTSD, ranging from a nearly fatal car accident to war combat.

Causes

People of all ages, gender, and nationality may experience PTSD following a traumatic experience. These experiences may be a natural disaster, such as hurricane, flood, or earthquake, or war experiences, such as combat, witnessing a death, killing someone, or explosions, or criminal offenses, such as assault, abuse, or rape.

Not everyone who experiences a traumatic event will suffer from. The cause for why some individuals develop PTSD and others do not is still largely unknown. It is suspected that having a strong support network can help prevent PTSD; however, experiencing numerous traumas may make a person more susceptible.

PTSD manifests as a change in the body's response to stress. It affects the stress hormones and chemicals that carry information between the nerves (neurotransmitters), causing them to over-react (hypersensitivity) or under-react (emotional numbness).

Symptoms

Symptoms of PTSD vary from person to person, but typically include one or more of the following:

• Anger problems
• Depression
• Insomnia
• Flashbacks
• Panic attacks
• An increased/decreased libido
• Guilt
• Anxiety
• Nausea
• Emotional numbness
• Avoidance of certain people or places
• Memory impairment

Additionally, most victims of PTSD relive the traumatic experience via flashbacks, nightmares, or hallucinations.

Treatment

Treatment for PTSD involves therapy. In many cases, victims of PTSD have developed avoidance symptoms, such as alcoholism, depression, drug addiction, which must be addressed before PTSD. Therapy helps victims feel comfortable addressing their traumatic experience. Once triggered, victims are encouraged to express their emotions and engage in open discussions. The theory is that if a person is able to come to terms with their experiences, they will be able to move past them.

In some cases, anti-anxiety medications are used to reduce symptoms of hypersensitivity, such as nervousness, insomnia, and hyper-alertness. It is important these medications coincide with therapy for a victim to fully recover from PTSD.

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Saturday, June 12, 2010

I Don't Care What Your Lawyer Says - You Need a Trust

Have you been told that you don't need a revocable trust because you don't own 2 million dollars worth of assets? This may be true if all you care about is estate taxes. However, the main reason for setting up a revocable trust is to avoid probate and the cost and inconvenience associated with it.

While a trust can minimize or eliminate estate taxes for persons with a net worth of over 2 million dollars, the benefits of avoiding probate are available to almost anyone. And there are plenty of benefits to avoiding probate.

Probate is expensive. In Florida, the law requires that the personal representative (or executor in other states) hire an attorney to help administer the probate estate. This same law suggests that a reasonable fee for that attorney is three percent of the total gross value of the property passing through probate. Add to that another three percent for the personal representative's fee and you can begin to see how expensive probate can be.

If you own a $400,000 home and have $200,000 in investments, the six percent of fees can total $36,000. That's money that your loved ones and heirs will not receive.

Compare this with the trust, where the trustee (person administering the trust) is usually a family member and does not charge a fee. The trustee is generally capable of administering most of the estate without help, and only hires an attorney for specific tasks. As a result, the legal fees are usually in the hundreds of dollars as opposed to the tens of thousands of dollars paid in probate.

Probate is also time consuming. The minimum time to administer an estate in Florida is five months and it is not unusual for a probate administration to last more than a year. On the other hand, many trusts, even those with large estates, have been administered in a matter of weeks.

Setting up and managing a revocable trust is a simple matter. A trust is a legal arrangement under which the property of one person (the grantor) is held by a second person (the trustee) for the benefit of a third person (the beneficiary). A revocable trust can be amended or revoked by the grantor. In establishing the revocable living trust, you would be the grantor, or creator, of the trust. As grantor, you determine how your property is managed and invested, who the beneficiaries are, and what happens to your property after your death. You also have the right to change the trust at any time during your lifetime or revoke it in its entirety. After your death, no one else can amend the trust and your wishes must be carried out.

The trustee is the legal owner of the property in the trust. The trustee has the authority to manage, invest, acquire and dispose of the property. During your lifetime, you would also be the trustee. Because you are both the grantor, with full authority to change the terms of the trust, and the trustee, with full authority to manage the trust property, you will have absolute control over all of the property in the trust. You will notice very little difference in managing your property after setting up the trust from when you owned it outright.

If you should become incapacitated, the successor trustee you named in the trust will be able to immediately manage the trust assets and provide for your needs without the need of a court-appointed guardian. Upon your death, the successor trustee will have authority to distribute the trust property to the ultimate beneficiaries in the manner that you have provided for in the trust. Your successor trustee can be your spouse, one or more of your children, a close friend or a corporate trust company.

The third category of person in the trust is the beneficiary. During your lifetime, you are the beneficiary of your revocable trust. All income earned by investments in the trust will be attributed to you for income tax purposes. Your tax return will not change as a result of the trust. Upon your death, the trust property will be distributed by the successor trustee to the beneficiaries named in the trust. These distributions are made without a probate administration.

Trusts are not just for the wealthy. Avoiding probate is a benefit almost anyone can enjoy. You should consider making a trust part of your estate planning.

Friday, June 11, 2010

Selling FSBO? - The Tricky Side Of Selling - It's The Paperwork

Ok, you're selling FSBO and you've found a buyer. Now what? A simple one page Purchase and Sale Agreement just won't do. There are so many considerations to protect both the buyer and seller.

Consider property disclosures, lead paint forms, financing, septic inspection forms, well forms, condition of title forms, neighborhood review forms, etc.

You name it, there is a form for it.

You don't want an unaddressed issue to come back and bite you after the sale, so protect yourself and get everybody involved in the transaction to sign and initial.

My first step in selling fsbo would be to have a local real estate agent give me copies of all the forms they use in the process of selling a home. Agents are well protected these days, and the real estate industry makes sure to cover everything possible to help insure a smooth transaction. Go over the forms and see if you are covered for the type of property that you are selling. You should get these forms well in advance, before finding a buyer. Some forms are County specific for your state.

When in doubt, consult a real estate attorney to review your Purchase and Sale Agreement.

To get FSBO form software, just go to your favorite search engine and enter the words "fsbo form software".

While every form is important, the one form that needs your attention most is the "property disclosure form". This is the form that discloses everything that you know about the propety. It is important so the new buyer can make an informed buying decision. You don't want a buyer coming back to you after the purchase to make you pay for a problem that you were aware of, but didn't disclose.

Thursday, June 10, 2010

Oklahoma Criminal Records

Among the different states in the U.S. there are some states that make it a point to provide their citizens with a wide selection of sources from which their citizens can again access to information on criminal records. Usually, these states do so because of the large number of rims and individuals who need this kind of information. One good example of such a state is California, wherein the people of California can expect to have at least three sources of criminal records from state authorities. As a result, the people of California are given convenient and practical ways to access the criminal records of people. Another very good example of such as state is Oklahoma, as the people of Oklahoma are also provided with at least three sources of information on criminal records.

Sources of information on criminal records in Oklahoma

One very good source of information on criminal records in Oklahoma is the web site of the Ohio Department of Corrections (www.doc.state.ok.us) where people can gain access to two offender information databases. These two databases include the database that contain information on habitual and aggravated sex offenders and the database on other current and former inmates of the state. The usual information provided by these databases include the name of the offender, his physical description, his sentence information, and the facility where he is incarcerated. Another good source of information on criminal records in Oklahoma is the web site of the Oklahoma District Court Records (www.odcr.com) where people are given access to both criminal and civil cases information, which include the names of the parties, the status of the case, and the date the case was filed.

Another good source of criminal records in Oklahoma is the web site of the Oklahoma State Courts Network (www.oscn.net/applications/oscn/casesearch.asp), where information on criminal, civil, probate, traffic, and other cases are provided to the public. In addition to these, information on licenses and tax liens is also provided on this web site.

Across the different states in the U.S., Oklahoma is a good example of a state that offers its citizens with a wide selection of sources of information on criminal records, which people can access for various reasons. This is because the state government of the state together with other state authorities, which includes the judiciary provide the citizens of Oklahoma at least three sources, especially on the Internet, of information on criminal records.

Wednesday, June 9, 2010

Divorce Without A Lawyer

Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support and other such issues. Letting a divorce lawyer deal with all such messy issues would be the best choice for either party.

Although many cheap divorce methods are available, the very best would still be the kind that both partners can do among themselves without involving an outsider. Letting a lawyer in would be somewhat a burden, particularly when the case drags for a long time causing emotional turmoil for either parties, all the while being heavy on the pockets.

There is now available a method to deal with a divorce without a lawyer or an attorney. Known as the Pro Se divorce, or more popularly as the do it yourself divorce, it entitles both the parties filing the divorce papers themselves. However, Pro Se divorce can be filed only under certain conditions and might not be the best option for many.

The first criterion to file a Pro Se divorce is that the divorce is uncontested by either parties, either with respect to children or property. Also, the children, if any are involved, must all be of legal age and so must not be brought into the case. Any kind investment such as deposits, stock, retirement or pension options must not be present for either party. Alimony is not dealt with in case of do it yourself divorce and so the parties must definitely hire a lawyer for the same.

It is compulsory that both the parties file for the Pro Se divorce, instead of one opting for a lawyer and the other going in for the do it yourself divorce. Also, those in military cannot file through this method while in service. A lawyer is compulsory for such military divorce cases. History of physical or mental abuse on either partner by the other, debt, bankruptcy etc., are other conditions that must not be present while filing for a Pro se divorce case. It is also a condition that both the parties are financially well off after the divorce and would not need any kind of support from the other, such as alimony.

Pro Se divorces, as mentioned, involve a lot of legalities that both the partners must consider before opting for this method of divorce. However, one major advantage with this kind of divorce is that it saves a lot of money in form of lawyer fee. But one disadvantage would be that the clients would need to represent themselves in the court with no legal help from a lawyer. Getting the initial paperwork reviewed by an experienced lawyer would be a good choice before filing the papers. This would ensure that all the requisite documents are being provided and getting a separation is only a matter of time even with individual representation in the court without the assistance of a lawyer. The list of documents to be submitted is available on the Internet on websites that help with Pro Se divorces and are relatively easy to locate.

Tuesday, June 8, 2010

Lawn Care Business Contracts - Get Professional

Customers are important and you want to make sure you keep them. Finding new ones can be costly and time consuming.

For a professional approach and to increase your chances of keeping them, put your services in a contract. Yes, a written agreement. Many companies, you probably wouldn't expect, use contracts. So get on the bandwagon.

You may be unable to do this with some customers, but many will be open to it. It show's professionalism. A contract doesn't have to be looked upon negatively. It can actually comfort a customer. It shows them you are serious about the business and you will do what you say you will.

Some key points to include in a contract are

* Services

* Address(es)

* Payment Terms

* Termination

* Renewal

* Hold Harmless

Services

Make sure to list what will be provided. Be extremely specific. For example, when cutting a lawn list whether it will be bagged. For leaf removal, tell how many times a year it will be done. Don't just put leaf removal. The customer may think it is 1 time a month during the season.

If doing a lawn spray service, list how many times, when, and what applications will consist of.

Always include how many times and when with a clause in the contract to compensate for weather conditions. Make it easy to understand.

Address(es)

Some business may have multiple locations and branches such as convenient stores and gas stations. Make sure you list the address and name of each business you are servicing. Different locations for the same company may have different services.

For example, some gas stations may require more mulching or leaf removal than the others. Make sure you are specific in what you will do for each of the locations. Try not generalize. It could burn you majorly.

Payment Terms

List how and when you expect to be paid. Most payments are expected upon invoice, but some big companies expect to pay 30 days after receiving the invoice.

If you want immediate payment for certain jobs stated in the contract include it. Give them an incentive and offer a discount for paying within 7 days of the invoice and penalize them when they do not pay within a certain time. Consult a lawyer and find a percentage that is fair.

Some contracts consist of one easy payment once a month. They add all the services' payments over the course of 1 year and divide by 12. For example, if all the income for 1 client totals 50,000 for a year, divide 50,000 by 12 months = $4,166 per month.

Termination

Have a clause in the contract so you or the customer can terminate the contract. You never know what will arise. You could become ill or unable to continue. A 30 day written notice from either party is fair. Don't burn your bridges and be professional.

Renewal

If you and the customer are pleased, having an easy way to continue service after the contract is up is a MUST. This avoids having to write a new one. That's why a clause should be included.

You can say the contract automatically renews or that the customer should notify you 30 days prior to the end of the contract to discontinue service. There are many other ways to accomplish to do this. This is just one.

Hold Harmless

An agreement that states your company agrees not to hold the customer liable if you or one of your employees gets hurt while on their property. Liability and workers compensation insurance is important for this type of agreement. Some customers may require this, but most bigger businesses require that all service
professionals show proof of this business insurance even if it is not required by law.

A contract is a good thing. It helps in business planning. How many employees will be needed at certain times of year, how much inventory needed, types of fertilizers and chemicals and what quantity. Also, will let you know if you are able to afford new equipment or vehicles. Plus, it shows professionalism.

I spoke about the words contract and signature(sign), but please use these instead when dealing with customers- Agreement and OK.

I need you to sign right here OR

I need your OK right here.

Monday, June 7, 2010

Fundamentals of Estate Planning in California

Proper estate planning (will or trust) in California can save you a lot of money, headaches, and heartaches.

While you are living you can prevent the need to have a conservator appointed- this happens if you lose the ability to make decisions for yourself. Setting this up in advance through a will or trust means your assets are protected - even from you - should you lose the ability to make decisions for yourself. Many attorneys charge upwards of $20,000 to represent you in a California conservatorship proceeding, and if it is contested costs can be much higher.

When you pass away, your estate may go through probate, a long and expensive process in California. Probate can take years, and the costs are prohibitive. The basic statutory fees for probating a one million dollar estate are current;y $46,000. Remember, your house is valued at its gross value for probate, not your equity value. The larger your estate, the more expensive probate becomes.

Even worse, the Probate process comes when you or your loved ones are trying to cope with loss.

In addition, your estate may be subject to the Federal Estate Tax, at rates up to 45%!

A Revocable Living Trust, sometimes known as a Living Trust, generally takes your estate out of probate, and is administered privately. The probate process in California is public- anyone can see what is in your will. This is not true of a living trust. The "administration" of a living trust is equivalent to the probate process of a will.

The cost of a living trust varies depending on which attorney you hire, and how complex your estate plan needs to be. If you own a number of rental houses, for example, the cost will be higher because a new deed needs to be prepared for each property. But if you own property in multiple states and don't have a living trust, you'll have to go through probate in each state!

You can expect to pay around $2,000 or so for a basic Living Trust package in California. Most attorneys will also prepare other documents for you, including a Durable Power of Attorney, and Advance Health Care Directive among others. If you need estate tax planning, planning for special needs children, pets, etc the cost will of course be higher.

Some attorneys charge by the hour, and some offer a flat rate. Like dealing with any other professional, you should be comfortable with your attorney. Many lawyers offer a free initial consultation that allows you to discuss your needs and to see if you are comfortable with that attorney.

The worst thing you can do is to do nothing. The probate process in California can be onerous, involving lots of paperwork that must be done to court standards, and it will come at the worst possible time--when you are dealing with the loss of a loved one. If there is no will specifying where your assets go, those assets will be distributed according to the California Probate Code--which may not be what you want.

Preparing a living trust can ensure that more of your assets go where you want them to go, they go there more quickly, and a properly drafted living trust helps protect you from an expensive an humiliating conservatorship proceeding. Most all Californians will benefit from preparing a living trust, and all Californians benefit from doing estate planning.

Sunday, June 6, 2010

Income Tax Act - This is the Law That is Passed to Change the Existing Tax Laws

There have been many different income tax act that become law ever few years. Each one adding to the 16th amendment what was supposedly ratified by ¾ of the states back in 1913. Since there were 48 states in the union at that time, 36 of those states must have ratified this amendment before it could become law. It was announced by then Secretary of State, Philander Knox, that 38 states did ratify this amendment in February of 1913.

In 1984, Bill Benson started to look into this ratification process and found some startling results. The state of Kentucky voted down this measure by a 22 to 9 vote against its ratification, but they are on the list of states that ratified this amendment. The state of California never recorded a vote on this amendment so no ratification could have happened. The state of Minnesota never received any information from Washington DC about ratifying this amendment so no vote occurred again. Then, the state of Oklahoma actually changed the wording of the amendment to prevent the federal government from instituting a federal income tax. This leaves only 34 of the required 36 states that needed to ratify this amendment so it could become law.

32 other states made changes to the amendment like Oklahoma did. The problem was that the states did not nor do they now have the power to change any amendment that is sent to them, just a yes or no is permitted.

That leaves only 2 states that actually ratified the 16th amendment so that any future income tax act would be based on as invalid. But the US government will do as they want and if you do not pay your income taxes each year, you could end up in prison.

Of course, the above is not legal or accounting advice -- it is for informational purposes only. Before making any decisions regarding legal or tax matters, it is vital that you consult a licensed professional lawyer or tax accountant.

Saturday, June 5, 2010

Why Your Business Needs to Be on the World Wide Web!

Did you ever wonder why a url (uniform resource locator), that you put in the Google tool bar, starts with WWW? Did you ever know what it meant? WWW stands for World Wide Web, and no matter what type of business you have, from online home business, to a brick and mortar business you should be on the world wide web.

The latest stats for internet users is over 1 Billion and growing. That statistic alone should peak your interest for wanting to communicate and share your product or service with the world wide web.

Instant Success

As a brick and mortar business, you pass out flyers, business cards and maybe have an ad in the local newspaper. What happens if you decide to run a special? How long would it take to reach others using flyers and the newspaper? If you have a website on the internet, it could be done instantly and go out to billions of people.

Maybe you only want your ad to stay local, that is ok too. Just advertise the city your business is in for the special you have, and with the internet you will be able to reach everyone in your city.

Most businesses would run their ad in the yellow pages. What happens if you change your phone number, or the county changes your address? How will anyone find you? The ad you place in the yellow pages will not change for a year. However if you have a website on the internet, you can change anything, anytime you want. What better way to keep your customers informed of your location, phone and specials!

Say you own a restaurant and it is known as having the best burgers in town. People that travel now days search on the internet for restaurants and places to see before they take their trip. If they happen to search for a great burger and your website comes up, Bingo! They will be coming to see you when they hit town! How cool is that!

Lazy Days

Believe it or not there really are a lot of lazy people now days. They would rather order something off the internet than have to get in their car, drive a few blocks, or miles and go shopping. If you have an online marketing business, and there are literally billions of people on the internet, think of how many will be coming to your website and buying!

Before people will whip out their credit cards now days and buy from you, they want to know how trustworthy you are. Another reason to have your business on the world wide web. You can have all your information about your product, service and YOU along with testimonials for people to read, all on your website. You can also have an order form, so with a click of a button, people can buy from you directly off your site.

24/7 Business While You Sleep

Customers may have a lot of questions about your product or service and you really do not want to spend hours on the phone with them, that could possible take up your whole day. Having a FAQ (Frequently Asked Questions) page on your website will eliminate all those phone calls. That way you can spend your time doing things more constructive than talking on the phone, answering the same questions over and over again.

Since the internet is a world wide web, what about all those foreign countries that may want to order from you? Could you just imagine getting phone calls at all hours of the night and day. With a website, they can order at anytime and you will not be loosing any sleep over it. How exciting to wake up in the morning and have sales already processed through your website! A 24/7 business while you sleep!

With the World Wide Web, what ever your product or service may be, you can reach anyone at anytime, anywhere! That is why you should have your online home business or your brick and mortar business with a WWW!