The Court Of Public Opinion

Lets say youre a personal injury attorney working with a videographer to develop a video documentary that portrays how your clients life has changed as a result of being injured. Such video evidence is usually called a Day-in-the-Life or Slice-of-Life documentary, and focuses on the clients activities of daily living (getting out of bed, eating, bathing, walking, try to do the simple things he used to do). Often the plaintiffs life has been permanently and irrevocably altered and it is the goal of the video to show how exactly what your clients new life is like as a result of the accident.

Restitution for damages can involve a great deal of money and, because of these high stakes, you want to be assured that your video will be accepted into evidence and win your case. Therefore high standards must be maintained when shooting and editing the documentary. Consider the reasons why the video may NOT be admissible in court:

1) Poor audio and video, resulting in unintelligible evidence. Most likely the videographer was a novice and did not use proper equipment and techniques (i.e., microphones, lighting, lens exposure, camera placement, etc.).

2) The video images, as a whole, do not fairly depict what they are purported to represent, giving the opposing attorney an opportunity and valid reason to object to the evidence.

3) The video contains extraneous prejudicial matter that causes undue bias in favor of the plaintiff.

4) The images are gruesome and shocking, resulting in overkill. These types of images appeal to the emotions of jury and are often ruled as prejudicial by the judge. Avoid blood and guts excess. Remember, honesty and accuracy are the keys.

5) The images have been shot in a manner that skews, biases, or otherwise distorts the image. Once again this is prejudicial and results in inadmissibility.

6) The video image lacks the necessary reference points or measurement indicators to clarify the scene. In other words, the video is confusing and potentially prejudicial.

7) The evidence has been selectively edited, staged or otherwise modified. There should not be any scripted narration. The video should not appear to be a highly-polished Hollywood production, resulting in lack of believability and credibility.

There has been a significant lapse of time and change of scenery between the time of the incident and the shooting of the video. Events and circumstances no longer correspond.

9) Changes in lighting, sun position, haze, smog or cloud cover have affected the video, resulting in inconsistencies, causing it to be thrown out.

10) Captions, extraneous text images, and background music are unsuitable and improper — constituting inadmissible hearsay.

Ultimately, in regard to your case, the court has the final say as to what is admissible or inadmissible. But following these guidelines with your videographer improves the odds, that you will reap a victory in the courtroom.

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A Maryland accident lawyer isn’t very hard to find. There are lots of them, as in every other American state. The Internet or the Maryland phonebook will help you in finding them. The question is: are you sure you need an accident lawyer? In some cases you will only waste your and their time looking for an accident lawyer when you actually need somebody else.

What is an accident lawyer?

That is true for any American state, including Maryland – an accident lawyer is an attorney specializing ONLY in accidents resulting in an injury. It doesn’t matter whether the said injury is physical, mental or psychological, if it happened or will happen. If there is an injury, there will be a place for an accident lawyer. If not – well, you have to look for someone else. You won’t need to go anywhere, though – the lawyers tend to create universal offices where all kinds of cases are taken care of. In the whole USA, including Maryland, every accident lawyer is crme de la crme of the lawyers’ society, but there are simply not enough accidents around to create accident-dedicated law offices.

Accident lawyers in Maryland

There are many lawyer finders on the Internet, but I think the best place to start is the website. Almost every Maryland accident lawyer has his or her link at this page. But in order to decide which one should be yours, you have to know something more about their offers.

Good practices

First of all if you had an accident which resulted in physical injury you shouldn’t be charged until the case is won. By the way, it’s not only the good practice of attorneys from Maryland, almost every accident lawyer in US doesn’t usually force any upfront payment in such situations. Then you shouldn’t listen to all this optimistic lawyer’s doublespeak, but receive some hard information instead. The lawyer should tell you: (1) what the real chances of winning are; (2) how much the case will cost you and (3) what you should and shouldn’t do in order to win the case.

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In the busy world in which you work, you simply need to have every tool that can benefit you. That includes conference calling. Why is it so important? For one thing, it allows you so much more time to do the things you need to do. And, it allows you to work with your clients no matter where they are, no matter where you partners are. There are few products that work as well as conference calling for attorneys. Here, we will list some of those reasons. Well talk about just why you need to use conference calling in your law firm, and what you have been missing without using it.

First of all, lets make sure you know just what the conference call system is. This system allows you, the lawyer, to converse with several people around the world. It puts you in the position to multitask and to record conversations with clients. These things are quite important in the attorneys world. Here are some of the benefits to purchasing and using a conference calling system:

Think about time. How much time do you waste calling one person only to have to call and tell three other people what that first person said? While the message may be as simple as, the client is ready to go, it will take you several minutes worth of greetings, more time conversing about the weatherby the time you get to the actual point of the call, youve wasted valuable time. In a conference calling atmosphere, everything is done right there. You can plug into it as many people as you would like to, depending on the amount of pre scheduled spaces. Everything gets done, right there, without any additional calls needing to be made.

Time is money. Another reason to use conference calling in your law firm is that it will save you money! First, we can say that it saves you time which can then be turned into profits. By freeing up more time, you are able to get to more clients faster. You simply get more work done. And, it saves you on long distance as well. Since these phone calls can be recorded, it saves you valuable money by eliminating the need for someone to take dictation.

Use it to help you obtain deposition. Can you think of an easier way to get the information that you need without having to arrange to fly people in, to deal with their schedules, and to find time within your schedule? Really, this is the ideal situation!

You can assign account codes to the actual conference calls for billing purposes. This means that you can easily track the amount of time spent with each client, and bill them accordingly.

Simply put, conference calling can be the most affordable way to have many people on the same phone call. The method is simple, the costs are minimal. Any law firm without conference calling is simply not taking full advantage of the products available to them.

Consider conference calling in your law firm and reap the benefits!

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Non-Compete Agreements are controversial documents that restrict a persons right to work with competitors of a former employer. The effectiveness of one such non-compete agreement is on display in a recent lawsuit filed by Microsoft against Google.

Dr. Kai-Fu Lee

Dr. Kai-Fu Lee joined Microsoft in 1998 and was in charge of creating and running company operations in China. Over the last few years, Lee has been working on Microsofts speech recognition system. The system is rumored to be the next big add on for future Windows operating systems. On top of this, Microsoft claims Lee has been responsible for the overall development of the MSN Internet search program. In short, he has intimate knowledge of company trade secrets including technology developments as well as business and marketing planning.

When Non-Compete Agreements Attack

In 2000, Microsoft moved to protect itself by requiring Lee to sign a non-compete agreement. Although not yet public, the agreement undoubtedly requires Lee to forgo employment with any direct competitor of Microsoft. Notwithstanding this agreement, Lee quit this past week upon notifying Microsoft that he was moving to Google.

No doubt infuriated, the powers that be at Microsoft sued Google and Lee in the State of Washington on Monday. Microsoft claims Lee violated the terms of his agreement and seeks an injunction prohibiting him from working at Google. Microsoft also claims that Google is liable for inducing Lee to leave Microsoft, ostensibly for the purpose of discovering Microsoft trade secrets. In turn, Google countersued Microsoft in a California court claiming the non-compete agreement constituted an illegal restraint on trade.

Non-Compete Agreement To Be Upheld?

Predicting the outcome of the dispute is going to depend significantly on a surprising issuejurisdiction. Jurisdiction simply refers to the court system, Washington or California, which has the right to hear the case.

California is a right to work state, which means courts require any non-compete agreements to be very narrow. If the Agreement is broadly worded to preclude Lee from working for direct competitors or some such language, Microsoft will have a difficult time prevailing in a California court. Washington law, on the other hand, would be more likely to uphold such wording.

Determining jurisdiction is a tricky issue. Essentially, one looks to the facts of the disputed to arrive at an opinion. An analysis of jurisdiction is beyond this article, but Google has clearly made a major mistake with Dr. Lee. In a press release announcing the hiring of Lee, Google noted he would be working in China, not California. This significantly damages any claim that California has jurisdiction over the matter. Googles attorneys are undoubtedly unhappy with the individuals in the press relations department.

Ultimately, Google and Microsoft will most likely reach a settlement agreement. Lee will be allowed to work for Google, but will be restricted from working in certain areas. Still, Lees decision to switch positions is a blow to Microsoft.

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If you have had the misfortune to suffer a personal injury, you will understand just how deeply such an event can change your life. You will probably encounter huge medical bills, and may need ongoing medical care for a long period of time. You may be unable to work, perhaps even permanently, and you may have a spouse or family who are shaken by both the financial implications and changes in their life situation and routine. While obtaining the right settlement will not erase the impact of your accident, either in physical or emotional terms, right attorney will be able to arrange a deal for you that will at least help ease your monetary worries. For those of you living within the confines of this city, here are some tips to help you find a Boston personal injury lawyer who will help you make the most of this difficult time in your life.

Firstly, ensure that your lawyer has direct experience in personal injury law. The law is an enormous area, and specialisations within it have developed for a reason. By choosing a professional who deals primarily with this type of case, you will be ensuring that you are dealing with a lawyer who understands this particular area of the law in detail, which in turn means they will be equipped with the knowledge and experience to get you the best deal possible.

While the majority of personal injury cases are not resolved in the trial court, you should still ensure that your Boston personal injury lawyer is prepared to go the distance if necessary. Select a lawyer who provides a personal service too, one who is accessible to you, and with whom you feel comfortable working. Your initial first impression can go a long way in helping you choose the right lawyer – ensure that at your initial meeting he or she is timely, professional, and communicative. If this is not the case, you may be better off continuing your search.

Above all, do your homework before selecting a Boston personal injury lawyer. Research the credentials of the professional you choose, and, if possible, find personal and professional testimonials regarding your prospective professional. They will all advertise themselves as the best – but try to make that decision for yourself. The settlement you receive could depend upon it.

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Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

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Every medical and dental practice has to deal with patients who do not pay. If it doesn’t deal with such patients, the costs will simply be passed on to other patients – the practice may simply suffer or fold.

Yet the very real dental and medical collection laws issues mean you should think carefully before reminding your patients to pay up. In the end, you may very well be better off outsourcing your medical or dental accounts receivables to one of the new medical and dental collection agency/accounts payable processing centers.

According to the Fair Debt Collections Practices Act (FDCPA), your medical or dental billing notices fall under essentially the same regulations as a mega-bank’s car loan collections.

Real-World Medical and Dental Debt Collection Law Quandaries Anne, a secretary at Westville Orthopedic Associates, calls up a patient who just turned 18, to remind him of an outstanding copayment. The patient’s mother answers the telephone. Should Anne:

1 Take the issue of the co-payment up with the patient’s mother?

2 Leave a message with the patient’s mother to remind the patient of the outstanding co-payment?

3 Leave a message for the patient to call the Westville Orthopedic Associates back?

4 Say she will call back later and quickly hang up?

All but one of the four options above will be a violation of federal debt collections law. Can you guess which one? The correct course of action is option number 3. Why are the others illegal? Look at each of the options above:

1 It is illegal to disclose a debt to a third party.

2 See number one; remember that messages regarding a debt are essentially disclosures to a third party.

3 This is the only suitable course of action.

4 The FDCPA requires all creditors to identify themselves when making a call. While you can’t say what you are calling about, you must say the name of your business before hanging up.

Not ready for your medical or dental practice to become a law practice? You can get around medical and dental collection laws matters by outsourcing the entire job to a professional medical or dental accounts receivable processor or medical collection agency. This option also has the benefit of saving your staff a lot of work. After all, not only is your medical or dental practice not a law practice, it’s not an accounts department, either.

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Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

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My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

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The first Celebrex class action suit to be filed is believed to be the one submitted in Illinois, in December 2004. That same month, Pfizer announced that a recently performed clinical trial revealed that those taking Celebrex were at increased risk – over two times that incurred by taking a placebo – of experiencing a major cardiovascular episode. It would seem that the Illinois class action suit will be only the first of many. And yet Celebrex remains on the market.

Most drugs that we take are liable to have a wide range of potential side effects, most of which the majority of patients will never experience. For liability purposes, pharmaceutical companies print all conceivable side effects on their informational literature, and reading these before taking a medication can be a nerve-wracking affair. But even side effects that have been encountered by minimal numbers of people during clinical trials can find their way on to this literature, and while you may be one of the unlucky ones whose painkiller causes nausea, in most of these cases, the potential benefits far outweigh the unlikely event of developing a minor side effect that will cease once the medication has been stopped.

It is a similar argument that has been used in keeping Celebrex on the market – that the side effects encountered by some should not deny others the benefits that the drug has to offer. Used commonly as an anti-inflammatory and painkiller for conditions such as arthritis, it is understandable that this would be an attractive drug to many. But surely not when the side effect price is so high.

Rigorous clinical trials are performed on drugs before they reach the marketplace, but even these cannot predict all the various implications of using a drug in longevity. But it seems that there are too many highly effective drugs available today that cause life threatening side effects – Celebrex is only one of these. Patients surely must be asking themselves whether pharmaceutical companies are rushing apparently effective drugs to the marketplace without ensuring that they are completely safe for long-term use. Patients are responding in the only way that can really touch these companies, in this case Pfizer: by filing Celebrex class action suits.

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