A Commission Agreement - A Guarantee for Efficient Business Relations

By E. Dims

When a party commissions another party to advertise, sell, or distribute its products or services for a specified period of time, the agreement they conclude is called a commission agreement. As part of the commissioning services, the party that is the advertiser, seller, or distributor of the other party's products or services is entitled to a percentage of the profits that are achieved by means of its activity.

A commission agreement has a number of clauses that can be customized to suit the conditions and circumstances of the two companies, the commissioning party and the recipient party, and the business peculiarities related to the advertising, selling, or distribution of the products or services of the former. The parties to the agreement for commissioning typically specify the exact type of the products or services that are the object of the activity and the business relations between them, the term for which the agreement shall be valid, the exact amount of the percentage to be received by the party advertising, selling, or distributing the products or services of the other party. Other important details to be specified in the document which is signed with respect to the commissioning include the date of payment of the percentage of the profits achieved, and a non competition clause to govern the relationships of the parties.

The parties that agree to advertise, sell, or distribute products or services on behalf of other parties are typically small businesses, and such documents are also signed by other entities which strive to compensate some of their employees in that manner, i.e. on a commissioning basis. Companies which choose to commission their employees to distribute, sell, or advertise the company products or services draft the specific agreement to govern the commissioning relations between them and their employees, and to include all the details of their work relationship.

A commission agreement should be signed before the first day of the activity that the party to distribute the other party's products or services is due to implement. It provides good guarantees to both parties. Companies that commission employees as advertisers, sellers, or distributors, can protect their business and their confidential information by means of such agreements. Employees, on the other hand, are also adequately protected by signing such an agreement, because in the event that they have some misunderstandings with their employers, they will be protected by the commission agreement with respect to the term, the amount of the percentage, and the other important details that are related to the business relations and are duly included in the commissioning document.

Other terms that are used to denote this type of document stipulating business relations with respect to the advertising, distributing, or selling of products or services, are "commission contract", or "sales commissioning agreement", although the latter term is not as wide in meaning as the generally used term " commission agreement ", because it narrows down the scope of types of business relations with respect to the products or services which are the subject of such agreements.

UK Business Document Templates

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Why Lawyers Charge For a Consultation

By David M Axinn

Clients often wonder why an attorney charges for the initial consultation, which may occur before the client has decided to proceed, or chosen the lawyer he or she wants. The reason for this was summed up by Abraham Lincoln, who said that "a lawyer's time and advice are his stock in trade." During an initial consultation, I expect to spend some time with the client, and give him or her the benefit of my knowledge and experience. Lawyers don't want to give away their "stock in trade" for the same reason that any other business expects its customers to pay for what they purchase.

Sometimes, a consultation is all that the client wants or needs. In other cases, at the end of the consultation the lawyer is able to offer the client one or more options on how to proceed, and the client can then make an informed decision about whether to proceed, and also whether this is the lawyer they want to retain.

There are some lawyers who offer free consultations, as a way to bring in additional business. I have come to believe that this doesn't work well, in the long run, for either the attorney or the client. If the attorney spends the amount of time on free consultations that is needed to analyze the client's situation, he might spend all day working without getting paid - not a good business model! Other attorneys might offer "free" consultations with a strict time limit: you get 15, or perhaps 30 minutes for free, and then the meter starts running. That seems a little deceptive: the free part is taken up by the introductions, and the client's description of their circumstances. For the client to receive a real benefit, they will need to pay for the second half of the consultation.

There are some exceptions to this rule. Attorneys almost never charge for the initial consultation in a Personal Injury cases; these are cases where the fee is normally based on a percentage of what the attorney recovers for the client. In Social Security or Workers' compensation cases, charging for a consultation would actually be illegal: the agencies that administer these benefits must approve any fees that lawyers charge.

Many lawyers also accept a limited number of cases "pro bono", or without charging any fee. These are often referred to the lawyer by a local legal services organization, who determines the client's eligibility based on their financial circumstances.

David M Axinn, Attorney at Law

If you need legal assistance, call my office at 814-695-5518 for an appointment.

I represent individuals and small businesses in a variety of matters. My office is located in Duncansville, Pa., and I practice in Blair County, and the neighboring counties or Bedford, Cambria, Centre and Huntingdon.

http://attorneyaxinn.com

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Collaborative Divorce Benefits

By Andrea E Hirsch

While a collaborative divorce might not be the right approach for all situations, it can be a valuable tool for achieving a resolution without the acrimony and conflict that often accompanies a divorce. Collaborative divorce may provide couples the opportunity to avoid the trauma, expense and time delay of a more traditional approach, which benefits the entire family.

Keep The Peace In A Team Effort

Divorce can bring out the worst in sparring couples, having a hostile relationship is not an ideal approach to dispute resolution. If you want to maintain a respectful and civil relationship with your spouse, collaborative divorce may be a better route than litigating in the courts.

If you were to immediately move into court, everything about divorce litigation pits you as an opponent against your former spouse. Collaborative divorce, on the other hand, allows you to work with a team of professionals to generate solutions that are mutual between the parties, as opposed to fighting it out over numerous issues in front of a judge.

Have Someone On Your Side

Unlike mediation, in a collaborative divorce you will have an attorney on your side, advocating for your interests. Unlike a courtroom divorce, however, you won't be forced to enter a courtroom, where outcomes mutual agreements may be completely set aside. Collaborative divorce also provides opportunities for divorcing couples to reach acceptable compromises with the support of divorce professionals, without the adversity of the litigation process.

Allows You To Focus on The Future Positively

Courtroom engagements can make you feel like you're giving up everything just to survive the high stakes environment. Collaborative divorce recognizes that even though this is the end of the relationship between the two parties, it's also a new beginning in each of their lives. During the course of the procedures, both parties are encouraged to work with one another and treat each other with respect - skills that will be extremely helpful for their future. Parties can get practice in working out issues that will come up as they continue to co-parent after divorce.

In a traditional divorce, one or both parties might leave the courtroom feeling like they have lost. Working together to generate mutually-agreed solutions allows each individual to have a stronger say in what their post-divorce landscape looks like. Having input on these decisions can be extremely valuable for couples to move forward with the lives after divorce.

Andrea E. Hirsch's practice is devoted entirely to family law. She brings clients not only her extensive experience in collaborative practice and mediation, but also the sensitivity, attention and understanding that the highly charged, emotional issues accompanying family discord require and deserve. Call 202.480.2160 or visit http://www.ahirschlaw.com for more information.

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What a Lawyer Must Prove to Win a Product Liability Case

By Stephen Schultz

Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers.

In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.

More than one party could be held liable for injuries that occur from consumer use of a defective product. This includes all sellers that are part of the distribution chain for making the product. Parties that are potentially liable for a defective product include the manufacturer, parts supplier, wholesaler and the retail store from which the product was purchased by the consumer.

The type of defect will determine who is responsible for a liability claim. All of the specifics related to a product liability case may differ among states. However, there are certain elements that a lawyer must prove to win a product liability case for his or her client. These elements include:

• Injury and/or loss was caused by the product
• Product was defective
• Manufacturer's error led to flaw in product
• Manufacturer failed to warn consumers about potential dangers
• Product was used correctly

Product Caused Injury and/or Loss

An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product's defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.

For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving - not the design of the vehicle - caused the accident.

However, a client could suffer third-degree burns when a brand new electric tea kettle explodes because of a hairline crack. The client did nothing out of the ordinary while using the tea kettle and could have a strong injury claim.

Product is Flawed Due to Manufacturer's Error

In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use.

A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.

There are times when designing a product in a cost-effective or reasonable way is not feasible. Consider the potential dangers of vehicle air bags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Car manufacturers would argue that when alternative outcomes are considered, air bags are not unreasonably dangerous.

Manufacturer Failed to Warn Consumers of Potential Dangers

Typically, a lawyer might have a better chance at proving an injury or loss occurred from a defective design when the average consumer is not aware of the dangerous quality. A ruling in such cases may depend on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must show that instructions and warnings were reasonably sufficient.

In this case, a client might suffer third-degree burns from an electric tea kettle because the steam valve is concealed by some part of the product design. An average consumer would expect to find a visible spout from where steam is released. Instead, the steam valve is placed in an inconspicuous area, which strengthens a defective design claim.

Proving defective design is problematic if the tea kettle included bright red stickers printed with the word "caution" and the user manual included warnings about the steam valve position. The legal question now becomes whether the warnings were adequate.

Injured Client Used Product Correctly

Generally, the lawyer's client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the tea kettle example, an example would be if the explosion occurs when used to heat water for an outdoor kinds' pool is not the intended use.

If the kettle explodes and causes burns, the lawyer may not be able to prove manufacturer liability. The manufacturer is not required to make the tea kettle safe for use with an outdoor pool.

However, this does not mean that use of every product must conform to the manufacturer's specifications. The key is proving whether the average consumer would or would not use the product in the same manner as the client. If so, the lawyer has met the reasonable expectation of use requirement.

Winning a product liability case involves deciphering often complex circumstances and establishing a good legal theory. A lawyer who is knowledgeable of product liability law and the litigation process will craft a strategy to prove the case. An immediate investigation into the facts surrounding the case could expose obvious defective issues. Further, expert testimony is often essential in proving that a defective design caused an injury and/or loss.

Stephen Schultz is a Missouri-based personal injury attorney and founding partner of Schultz & Myers law firm. As an injury victim himself, Mr. Schultz knows what it is like to be sitting at home following a serious accident, wondering how to obtain fair compensation from a powerful insurance company that only cares about the bottom line. To learn more about Missouri personal injury lawyer Stephen Schultz, visit the law firm website at www.schultzlegalgroup.com.

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First Steps to Resolving Disputes: Setting Realistic Expectations in Mediation

By Herbert Rowland Jr

Former First Lady, diplomat and humanitarian Eleanor Roosevelt once said, "You can't move so fast that you try to change [a situation] faster than people can accept it. That doesn't mean you do nothing, but it means that you do the things that need to be done according to priority." It's a statement many find difficult to accept as truth and nowhere is this statement truer than in mediation, where the first priority should always be to set realistic expectations for the outcome of the mediation process.

When parties are in dispute, particularly if the dispute involves family matters or a divorce, emotions run high. When emotions are running high, it's nearly impossible to turn down the distracting noise they create in a person's thought process. This is why approaching mediation is difficult for many--with all the thoughts of being "wronged," "betrayed," "lied to," etc., how can you possibly sit down at a table to communicate with the person you believe to be responsible for these actions?

A good mediator understands this and doesn't approach a mediation session with the insistence that parties hold hands and "play nice." In many conflicts, this would be impossible to do from the onset. What a good mediator does do, however, is start the mediation session by helping both parties lay out realistic expectations concerning the dispute.

Part of this might be telling them what a judge would likely rule in the matter, if it is taken to litigation and not resolved in mediation. That's where trial and litigation experience can come in handy for a mediator. Another part of this might be detailing what other people facing the same conflict were able to agree upon in a similar dispute. This helps clients gauge their level of "give and take" realistically in the process.

Mediation can be a highly successful method of alternative dispute resolution if approached in the right way. Much of this has to do with how the mediator sets the tone of the process and how well informed the disputants are concerning a realistic outcome for their case. If your mediator doesn't help you set realistic expectations at the onset, it's a sign that he or she is not very skilled in the art of mediation. Insist upon knowing what the likely outcome of litigation would be and insist on your mediator's expertise in this matter before agreeing to the process.

Herbert M. Rowland, Jr. of RF LLP Law Offices, specializes in Civil Litigation, Mediation and Appellate Practice in Marin County and San Rafael, California. He has served as a mediator and arbitrator in over 500 cases and is a member of the Association of Attorney Mediators. If you are considering mediation to resolve any dispute, please call 415.453.9433 ext. 121 or visit http://www.hmrmediation.com

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Safe Haven For New Mothers

By Howard H Ankin

The first Safe Haven law in Illinois was unanimously passed both the Illinois House and Senate and was signed into Illinois law in August of 2001. Illinois Safe Haven law provides options for mothers and their newborn child. According to the Safe Haven Law, a parent can anonymously take their newborn to a safe haven without fear of prosecution if the baby is thirty days old or younger. The law was created to help a parent who is under severe emotional distress or who might not able to provide the baby with its basic needs.

Illinois fire departments, police stations and hospitals have been designated as Safe Havens and will take an infant as long as there is no sign of abuse or neglect. In August of 2012, Governor Quinn expanded Safe Haven locations to include police departments of public or private universities as well as Illinois State Police district headquarters. The addition of these locations offer parents more options for leaving a baby at a safe location rather than abandoning them in a dumpster or in front of a home on a frigid winter night.

The law specifically spells out that, as long as the baby has not been harmed, a parent can hand their newborn (30 days old or younger) to personnel at any hospital, police station or staffed fire station in Illinois for adoption with no questions asked. The law instructs police, firefighters and hospital personnel that they cannot ask a parent's name. In fact, police and fire department personnel receive training regarding the Abandoned Newborn Infant Protection Act.

No criminal investigation can be started just because a newborn infant is relinquished unless there is evidence that the child is older than 30 days or there is evidence of child abuse or neglect. When a newborn infant is received, law enforcement personnel will make a physical appraisal of the baby's and, if any signs of abuse or neglect are noted, the parent may be held until an investigation into the potential abuse is completed.

A parent who makes this heart wrenching decision is able to provide anonymous medical information, so that the baby grows up with a medical history. At a Safe Haven, medical forms will be offered; these can be filled out at the time or returned by mail at a later date. These medical forms are also available on the Illinois adoption web site, the State Central Registry. Any and all medical information provided is kept confidential.

If a parent does chose the option of bringing their baby to a Safe Haven and they do not return for them within 60 days they are considered to have voluntarily given up their parental rights and the baby can be adopted.

According to the Save Abandoned Babies Foundation, over 1000 have been saved since the law was enacted in 2001. The law was intended to enable the parent of a newborn infant to relinquish the infant to a safe environment, to remain anonymous, and to avoid civil or criminal liability for relinquishing the infant. The Save Abandoned Babies Foundation focuses on making sure that desperate girls and women understand the option in order to save innocent new lives.

Howard Ankin is the managing partner of the Ankin Law Office LLC, a 30 person firm located in Chicago. Howard founded the firm over 12 years ago alongside his father and partner, Paul B. Ankin. Ankin Law Office LLC specializes in personal injury, workers compensation, wrongful death, social security disability, and criminal and civil litigation. Howard has devoted his professional life to seeking justice on behalf of his clients, perpetuating the tradition of the Ankin family providing superior legal support for its clients. If you have legal questions, please call Ankin Law Office LLC for a free consultation at (312) 346-8780 or (800) 442-6546.

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How the IRS Tax Obligations Differ From Student Loan Debts

By Anthony E Parent

We can definitely say that the IRS is much more reasonable as opposed to student loan debt industry when it comes to settling old debts. Generally speaking, you get several options to clear most your IRS tax problems but in the student loan marketplace we will not get that many solutions to pay back. Listed here are the important three factors that shows why it is little easier to deal with IRS unpaid taxes when compared with unpaid education loans.

The IRS has only 10 years from tax assessment date to collect your tax dues. This is really a significant advantage to the taxpayer. After that time frame, they no longer can recover the debt but there are certain events which could stop the 120 month clock from running. For instance, if you are in another country or if there is any lawsuit filed by the IRS against you, then they can extend the clock longer than 10 years. But in terms of student loans, almost nothing can help you to escape from it. Federal student education loans won't get discharged even if you file for bankruptcy. Student loan debt will become a significant problem when you don't pay back it on time.

Next, the IRS taxing authorities consider your current financial situation and will come up with an affordable plan after determining your ability to pay the debt owe to them. Even when everything appears dismal, the one solution that can give hopes is the IRS Offer in Compromise (OIC) program. This program is a great way to have a fresh start with IRS and take care of all of your tax payment issues. The only realistic choice we could have in student loan debts is full or partial deferment on the repayments.

Any tax debts that are over three years old are dischargeable in Chapter 7 bankruptcy provided you filed tax returns for the previous two years. Chapter 7 helps taxpayers to get full discharge of allowed debts. To qualify for this, the taxpayer should not be found guilty for any intentional act of evading the tax laws and further his/her tax return cannot be deceptive or frivolous. You can place student loan payments in Chapter 13 plan and you have to pay off in 60 months. But still you will need to pay back 100% of the student loans.

While the IRS horror stories appears very bad as they seem, but when compared to education loan debts there are some protection to taxpayers in handling non- payment of taxes. You have three great options to help you in paying back your IRS tax debt and you'll never be drowned in it. With student loans, you are tied to them for life and you can't get away. Though IRS has horrible reputation, you have at-least a good number of choices to help you out.

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An Injury Lawyer On Common Mistakes That Can Sabotage Your Injury Claim

By Jay Sadd, Esquire

Injury lawyer

If you plan to pursue a claim for your injury-related accident, contact an injury lawyer right away. He/she can explain several important "Dos and Don'ts" during your claims process.

Mitigate Your Damages

The law requires that you mitigate your physical and financial damages. In a nutshell, this means you should avoid doing anything to make your injury worse.

Your injury lawyer can counsel you on the specifics, but you should do everything in your power to get better and minimize any financial impact from your accident. Below, an injury attorney discusses some things you should do.

Listen to Your Doctor

As your injury attorney will tell you, the insurance company (or judge) will look at your behavior after your accident. Most importantly, did you listen to your doctor? If not, at least as far as your potential case value, you risk shooting yourself in the proverbial foot. Following your doctor's advice includes:

- Keep All of Your Doctor's Appointments - This is a must. If you have to cancel, make sure you give the doctor the courtesy of advance notice. Your injury attorney will tell you that too many "no shows" in your chart will likely reduce the settlement value of your case.

- Go to Physical Therapy - Anyone recovering from an injury knows that physical therapy is time consuming and inconvenient. Even so, don't stop going if the doctor orders it. First of all, physical therapy can really help, especially for soft-tissue injuries. Too many cancelled PT sessions can undercut your claim.

- Take Your Medicine - Above all, follow your doctor's orders regarding medication, therapy exercises, casts or braces etc. Your injury lawyer will have a tough time convincing an adjuster or jury about the extent of your injuries if you don't follow through on treatment.

- Take it Easy - Your doctor may advise bed rest, limited physical activities, time off from work etc. If so, heed his or her advice. Let your injury lawyer explain ways to potentially recover your lost earnings.

When you're pursuing an injury claim, it's important to have the best legal expertise on your side in order to get the most optimal compensation for your injury and losses. Let an experienced injury lawyer advocate for you after your injury accident. Please contact your attorney immediately after an injury or accident, be prepared with the details, and follow the advice of your attorney as they have your best interest at heart.

An Atlanta Injury Lawyer on Common Mistakes That Can Sabotage Your Injury Claim

If you plan to pursue a claim for your injury-related accident, contact an Atlanta injury lawyer right away.
An Atlanta injury attorney discusses some things you should do.

Call Slappey & Sadd, LLC today at 404-255-6677 for a free consultation.

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Cheating the System: A Sign of the Times

By Carol Josel

Cheating seems to be very "in" these days and not just among the married. Not by a long shot. Hollywood teems with the unfaithful and dishonorable, as does the world of politicians and sports figures. Right off the bat I'm reminded of Joe Biden, America's vice president and a plagiarizer, as well; he's right up there in my mind with fallen hero Lance Armstrong, and on I could go. So much for role models.

And then there are our schools.

Take Beverly Hall, for instance. In case you're not sure who she is, here's the lowdown. This former Atlanta Public Schools Superintendent made headlines for her education reform benefits and results. Indeed, as the Wallace Foundation explained, "Hall is credited with transforming the 102-school system through a comprehensive reform agenda. Every elementary school in Atlanta made "adequate yearly progress" in 2008 under the provisions of the federal No Child Left Behind law, and graduation rates at several high schools have risen sharply."

Her reward: She was named Superintendent of the Year and received $365,000 in bonuses. Her underlings were awarded as little as $750, with the average take amounting to $2,600.

But that was then; this is now, as a recent USA Today headline made glaringly clear: "School cheating scandal shakes up Atlanta: A Fulton County grand jury indicted 35 Atlanta educators, including former Superintendent Beverly Hall, in what prosecutors call a huge cheating conspiracy stretching to 58 schools."

And they're not alone in their efforts to boost student performance on standardized tests by changing answers. In fact, such cheating has now been alleged in such places as Philadelphia, D.C., Baltimore, El Paso... Why ever, right? Arizona State University's Audrey Amrein-Beardsley explains it this way: "Educators cheat for different reasons-to boost scores, earn bonuses, or keep enrollment up. But some cheat because the humiliation of not keeping up with peers is stronger than the risk of getting caught."

Kids, too, are gaming the system. While a Josephson Institute of Ethics survey recently found that the number of students who admitted cheating on an exam in the past year fell from 59% in 2010 to 51% in 2012, that's still more than half of them. As for copying homework, the numbers went from 34% to 32%. Neither result deserves bragging rights.

Indeed, as history teacher Christopher L. Doyle says in his "All My Favorite Students Cheat" article, "I have asked about cheating every day... and find kids remarkably candid. Almost everyone does it. They copy homework (the most frequent form of dishonesty), crib on tests (the second-most-favored tactic), and lift text from the Internet (either verbatim or with minor changes in wording."

Now when it comes to copying homework, I suspect it's been going on since the very first school opened. High tech, though, has changed the test cheating game altogether as evidenced by these Online-Education.net statistics:

• 35% of teens admit to using a cell phone at least once to cheat at school
• 65% of teens report that other students use phones to cheat
• 26% of students report using smartphones to store information to look at during a test
• 17% of students report taking pictures of test questions to send to other peers

Moreover, 25% of students don't believe these constitute cheating:

• Checking notes on a cell phone during a test
• Searching the Internet for an answer during a test
• Texting friends with answers during a test

Next up: plagiarizing. The word is derived from the Latin word plagiarius which means kidnapping or abducting. In other words, word theft, and when it comes to writing essays and research papers, plagiarism seems to rule. Says Michael Hartnett, "Indeed, we have to face a simple fact about students today: As tech has evolved to provide a vast wealth of information at anytime, anywhere, cheating has never been easier." He goes on to add, "Just Google 'Hamlet essay,' and you'll receive a listing of 1,460,000 results, the first page of which is teeming with free essays."

Sites such as the well-known turnitin.com have taken on the role of detective, searching for plagiarized passages in submitted papers. In 2012 alone, it processed over 80 million papers and apparently about 4% of them contained at least 80% of copied language. No wonder, then, that it's utilized by some 10,000 schools and colleges.

Add to all that the fact that Common Sense Media found that 52% of students admitted to some form of cheating involving the Internet, with 38% of them acknowledging that they'd plagiarized with the help of the Internet.

So what's the best antidote to this seeming lack of moral grounding? Parents and teachers who guide kids with a steady hand, refuse to compromise their principles, promote hard work, and live honorably. Winning isn't everything, after all, and that's the bottom line.

Carol Josel is a learning specialist who worked with middle school children and their parents at the Methacton School District in Pennsylvania for more than 25 years and now supervises student teachers at both Gwynedd Mercy College and Ursinus College. Along with the booklet, 149 Parenting School-Wise Tips: Intermediate Grades & Up, and numerous articles in such publications as The Journal of Adolescent & Adult Literacy and Teaching Pre-K-8, she has authored three successful learning guidebooks: Getting School-Wise: A Student Guidebook, Other-Wise and School-Wise: A Parent Guidebook, and ESL Activities for Every Month of the School Year. Carol also writes for examiner.com; you can find her articles at http://www.examiner.com/wise-parenting-in-philadelphia/carol-josel. For more information, go to http://www.schoolwisebooks.com or contact Carol at carol@schoolwisebooks.com.

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Lawyers Deserve Respect Too

By Faye Riva Cohen

Recently a prominent female Philadelphia lawyer was quoted in a newspaper article about an equal pay settlement she had reached with her former law firm, stating that she would never encourage her daughter to become a lawyer. Her opinion surprised me because her career was commendable and encompassed practicing with a large national law firm, having a top position as a lawyer in local government, and starting and operating her own law firm. I don't agree that law is a poor career choice for women, but it is definitely a difficult career which requires working long hours, suffering frequent stress, and sometimes receiving little gratitude from the very people lawyers try to help. As a result, it is important for lawyers to develop thick skins in order to receive the most job satisfaction from practicing law.

There are many areas of legal practice, and not all of them involve dealing with the general public and/or regularly appearing before courts and legal forums. Often the stress of law involves being expected to bill a certain number of billable hours. Depending on one's area(s) of practice, there are two primary means in which lawyers receive payment. They either bill in increments of an hour at an hourly rate, or if there is a contingency fee agreement, they collect their fees at the end of a case, it is tried or won in court. Sometimes there is a hybrid arrangement, which is the combination of the above two kinds of billing.

I have retained and paid lawyers for legal matters, so I am in the same position as my clients, but I respect lawyers, even if I wasn't thrilled with the results, or I wasn't pleased that I had to hire lawyers, because I felt the lawyers provided me with the best service they could. LET ME BE CLEAR-VERY FEW PEOPLE ARE HAPPY TO PAY THEIR LAWYERS. But, lawyers have to work within the legal system, which makes many demands on them. Although I respect lawyers, that respect is often lacking in others. Most lawyers have been on the receiving end of comments from former, current and potential clients which are rude, obnoxious and abusive. I can't think of any other profession whose members have to endure this type of behavior. This abuse generally arises because: 1) the client is not happy with their situation or the legal process, and takes it out on the lawyer; or 2) the client is trying to avoid paying their bill and comes up with every excuse under the book to avoid payment.

For some reason clients forget or ignore that law firms are businesses, and not charities. I would love to be able to call the IRS and all of my creditors and tell them that as they obviously have a lot more money than me, so they should waive what I owe them. Of course this is ridiculous, yet it is a request I hear every so often after the client has exceeded their retainer and requests or requires additional services. Recently a client stated that it was not Godly and moral for me to request payment, after owing us an amount for years, because she allegedly can't afford it. Although we are often willing to work within a client's budget, our bills must be paid. We have salaries and bills to pay, an office building to maintain, and we also support other businesses whose services we use for supplies and various reasons. It is not fair not when clients ask us to feel their pain, but they don't feel they have to treat us fairly.

Here are common questions clients have about bills:

1.) Clients sometimes express surprise that lawyers charge for phone calls and e mails on hourly rate cases, although this occupies a large part of their day. With the advent of e mail, clients often send many e mails a day and expect a quick response. Our fee agreements clearly states that we bill for these services. Let's see how it works out if we didn't charge for this time. As an example, let's say there are 7 billable hours in a day (although my days are far longer), or 420 minutes. If I spend time on behalf of 15 current clients for e mails, or I spend time on calls with or regarding them, and I spend an average of 12 minutes on each call or e mail, that is 180 minutes or 3 hours. If 15 potential clients call or e mail me and I spend an average of 6 minutes speaking with them, that is another, 1½ hours or 90 minutes. That leaves 150 minutes or 2½ hours for me to attend meetings with other lawyers, clients or staff, or dealing with correspondence or legal documents. Using my $280 billable hourly rate for 2013 (which, by the way, is far too low based on my level of experience), and I don't charge for the 3 hours above, I am losing potential fees of $840 a day, or $4,200 a week, or $210,000 a year. I would never ask my clients or any other professionals to work 3 hours a day for free.

People don't often realize that lawyers, including me, contribute a great deal of unpaid time as they don't charge for every minute of their time, they try and counsel people who aren't certain how to deal with the legal system for free, and they often do some firm of pro bono work. WE NOT ONLY DESERVE SOME RESPECT, WE DESERVE A LOT OF RESPECT!

Faye Riva Cohen, Esquire
Law Office of Faye Riva Cohen, P.C.
2047 Locust Street
Philadelphia, PA 19103
P: 215-563-7776
F: 215-563-9996
E: frc@fayerivacohen.com
U: http://www.fayerivacohen.com

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Cases of a Brain Injury Lawyer

By Abraham Avotina

A brain injury lawyer is similar to an attorney who specializes in personal injuries. Since this is a highly specialized area of the law, there are only several of them around and some of them often practice outside of this focus when their clients have other similar needs. The attorney carries similar responsibilities to that of other legal representatives when they handle cases like these. This means that it is their duty to give sound legal advice to their clients in relation to the current case, to look out for the interests of their client for the present and the future in connection to the case, and to draft and collect the necessary paperwork and documents relevant to the case. They also represent their clients in court if or when the case is filed and proceeds to trial, is present in any negotiations or dialogues relative to the case in which the client is needed and will explain the possible scenarios and outcomes to the client when needed. The legal representative can also provide the support of associates who can organize the needs of the family and the victim.

How It Happens

There are many different reasons how such injuries may be incurred by a person and how these can result to a claim. One of the possibilities of incurring it is an attack on the client's person which results in the head being one of the main points of attack. Another scenario is a traffic accident which injures someone. Falls or incidents in a leisure area, in any public areas, as well as at work can also be a basis of filing a claim and so does negligence on the part of a medical practitioner or a hospital. In all of these scenarios, injuries to the head can be fatal or not. It can be the individual who will file or the family of the person who sustained it. Filing a claim against the entity that is believed to be responsible for the injuries of the person can result to financial support which is sorely necessary for these kinds of problems and injuries. The brain injury lawyer will have to assess the claim initially in order to see if there is a basis on which is can be done and followed through. Many of the attorneys who are consulted for such cases are very thorough and frank when it comes to assessing the facts. This means that the person or the family of the person who was injured needs to be truthful about the event as well as willing to trust the attorney who will be representing them.

The brain injury lawyer also provides the client with information about welfare benefits, a coordinator in times of a family crisis, financial advice and assessment for urgent needs. These are vital needs for both the individual who was injured and the family who is currently supporting him or her.

If you've experience trauma to the head due to negligence of another party, seek out the services of a Philadelphia Brain Injury Lawyer. Click the link here to learn more: http://thepearcelawfirm.com.

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Hire a Federal Drug Possession Attorney and Let Them Fight for You

By Abraham Avotina

Being charged with a possession crime can be devastating to you and your loved ones. Not only can it destroy all of your dreams and aspirations, it can cause you to have to put your life on hold indefinitely. Don't forget the damage it can cause to your relationships or how it will affect your family and close friends. You can't afford to sit idly and let these charges wreck everything you have worked so hard to gain. Hire a federal drug possession attorney and let them help you put your life back in order.

It doesn't matter how much guilt you have in the actual situation, you need to hire a good federal drug possession attorney to protect your rights. You will also need their assistance in clearing your name and making sure that you don't get the book thrown at you when it is time for sentencing. Even if you are guilty or played a large role in the circumstances that have lead to your arrest, there is no reason for you to have to do the maximum sentence. With the right federal drug possession attorney representing you, it is possible for you to get the lightest sentence, have the charges dropped or even have your case dismissed.

Don't rely on a public defender or some inexperienced lawyer to represent you. You can't afford to play games or have someone in charge of your case that isn't really concerned about you or your situation. You need representation that is going to be truly invested in your case. You need a federal drug possession attorney that is actually going to work hard to get their hands on the evidence and facts that are needed to help preserve your good name and reputation. Even if you feel as if you can't afford to hire good representation, there is nothing wrong with seeing what professionals would be willing to take on your case, provide you with proper representation, and work with your financial situation in the process. It is understandable that you may not be too thrilled about spending money while you are facing this kind of charge, but you need to be willing to invest in yourself in order to get the best outcome.

Once you hire a credible federal drug possession attorney, you will find that the situation you are facing is more manageable. Gone is the uncertainty that you may have been plagued with. You have someone in your corner that believes in you and is going to work hard to fight for you. Let this professional handle the situation so you can continue living your life in a positive manner. Even though you are facing a prison sentence, you don't stand a chance of getting off without a good lawyer by your side. Don't waste time or let your emotions prevent you from getting the help you need during this time in your life.

Are you in need of a federal drug possession attorney California? Check out the services offered by this reputable office:http://www.gunsberglaw.com.

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Finding A Franchise Lawyer - The Criteria to Rely on When Looking for a Franchise Lawyer

By Sylvia T Taylor

When people seriously consider undertaking a franchise business, they search for a franchise lawyer for professional advice, so that they can be certain of the efficient organization of their business in conformity with the relevant requirements. The choice of lawyers proficient and experienced in finance matters is a problem that arises for all entrepreneurs who are organizing their franchise business for the first time. Making the correct choice of a franchise lawyer is important because by finding a specialist in franchise matters people can maximize the value of the legal advice they obtain, and at the same time they will be able to minimize the costs incurred to obtain such advice.

To prepare auspicious grounds for the correct choice, people should plan the seeking of a lawyer in franchise matters for the last part of their franchising research, to be able to do the major part of that research efficiently and find out the essential information on the basis of which they can decide what kind of services advertised by franchising lawyers they should look for, and then make their choice accordingly.

But first of all, people who are to undertake franchising should make certain that they pick out a lawyer who is well versed in the matters of franchise agreements. Because lawyers are proficient in different segments of the legal area, picking out a lawyer that is really an expert on franchise agreements is the first criterion on the basis of which the choice should be made.

Another important consideration to take into account when choosing a franchise lawyer is to examine the rates that lawyers offering services in that area charge. People should look for lawyers who offer fixed rates or are willing to offer estimates for the reviewing of the franchise documents they are to do. Lawyers who offer to charge clients by the hour should be avoided, because the final costs will be too high. Lawyers who are not only proficient in franchise matters but also offer reasonable rates by asking for a fixed price for document reviewing, and also offer clients estimates of what the services will cost, are the ones to choose from when looking for the most appropriate franchise lawyer.

For people who need to find a good lawyer versed in franchising matters there is one more efficient method to apply, namely the method of seeking for referrals. They can ask franchisees in the specific area about the lawyers whose services they use and what their opinion and satisfaction with these services are. Besides offering realistic opinions about franchising lawyers' services they have obtained, franchisees in the specific area can offer ideas about a franchise lawyer who already knows the nature and essence of the specific franchise agreement that people new to the franchising business are planning to use.

By careful planning, seeking for lawyers experienced in the area of franchise law, who offer fixed rates for their services, and also relying on referrals from franchisees in the area, people can make the most appropriate choice.

The article is contributed by Sylvia Taylor. I am currently associated with Cubism Law based in Chancery Lane,in the heart of London's legal district. Cubism Law is a full service city law firm comprising over 30 lawyers specialising in corporate and commercial legal services andfranchise lawyer.

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Don't Go It Alone! - Criminal Charges Require the Services of a Criminal Defense Attorney

By Paul S Taub

When facing the prospects of jail or prison, you should never be without an attorney. Never take anything for granted when you've been charged with a crime. When you are processed for a criminal offense, it appears that you are guilty. You may have been taken to jail, posted bond and now must follow the Government's system for dealing with criminally accused. Fortunately, you are not presumed guilty. In fact you are presumed innocent. A strong presumption that remains with you unless the government proves your guilt beyond a reasonable doubt.

Don't move forward with a criminal defense until you are represented by a criminal defense attorney. An attorney will make sure that you receive the best treatment possible under the law and under the circumstances.

On occasion, a pre-trial disposition is the best outcome when charged with a crime. In many cases, the government's case is filled with holes and an attorney can argue on your behalf why the charges should be reduced or even dropped. Your criminal defense attorney is your best friend when charged with a crime. When facing the prospects of jail or prison, you should never stand by yourself.

A criminal defense lawyer can raise the Constitutional issues evident in your case and ultimately an attorney can make the Government prove you guilty at trial. A defense attorney can protect you from the power and force of the Government. Criminal attorneys have experts that they can call to help educate the prosecution and the jury. Pro se defendants don't have these types of resources. You need an experienced defense attorney who is well-versed with the Constitutional defenses as well as the factual defenses.

First, Second and Third Degree Assault
Battery
Possession/Distribution/Manufacture of Marijuana/Controlled Substance
Driving Under The Influence
Sex Assault
Sex Assault on a Child
Child Abuse
Menacing
Domestic Violence
Harassment
Indecent Exposure
Internet Crimes
Computer Crimes
False Information
Juvenile Cases
Exploitation of Minor
Minor in Possession of Alcohol
Theft
Forgery
Vehicular Assault
Vehicular Homicide
Kidnapping

Often times an officer will contact you before you are charged in hopes of coercing a confession. You have the right to have an attorney present during questioning. The police don't warn you of that right because they don't place you in custody prior to the discussion. The police use these strategies in hopes of making their case easier to prove. Don't forget that you always have a right to be represented by an attorney if the police chose to question you.

That is the time to select a local, affordable and experienced criminal defense lawyer from http://www.affordcriminaldefense.com. You'll be glad you did!

Paul S. Taub, Esq. is a practicing attorney and published author.

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How To Hire An Attorney

By Howard H Ankin

We all try to live safely and protect ourselves and our loved ones from danger. Unfortunately, accidents happen and injury lawyers are necessary. There are numerous instances of injuries caused by car accidents, slip and fall incidents, medical malpractice or driving while under the influence, and texting or talking on a cell phone. In some cases, people are fortunate and recover completely from their injuries. In other cases a person may be seriously and permanently injured because of the accident; no longer able to work at their current job, burdened with medical bills and left to live in continual pain. This is when you should hire an injury attorney.

An injury lawyer can help an injured person receive the compensation that is due to them. Anyone who has been hurt due to another persons actions (or lack of action) should retain an attorney as soon as possible. Most Illinois injury lawyers work on a contingency basis, meaning that you will not have to pay the lawyer unless your case is won or they are able to reach a favorable settlement for you. Sometimes a lack of action can cause greater injury than when someone takes extreme actions to protect their property.

The question that many people ask is "What is my case worth?" Each case has it's own merits and value is based on loss of income, medical expenses, injuries and/or the cost of job retraining as well as a host of other factors. Juries rightly or wrongly consider both legal and non legal factors when determining how much compensation should be paid by the liable party. Not all cases go to court in fact, many cases are settled even before a lawsuit is filed.

Obtaining a qualified injury lawyer is important because navigating the legal system is not easy. A good lawyer will be experienced, concentrating in injury law with the knowledge of how to gather evidence on your behalf. Your lawyer will investigate and prove the liability of your case. Your lawyer will prove the connection between your injuries, your accident and maximize your monetary recovery.

You should select a lawyer carefully, as it can make a big difference in the outcome of your case. When selecting an experienced injury attorney, it is a good idea to research the lawyer's track record and determine if the infrastructure of the office can support a case such as yours. You may even want to talk with several lawyers before choosing one to determine if your personalities fit. Most injury lawyers will offer a free initial consultation by phone to discuss your case.

Anyone who has been harmed by another party should retain an injury lawyer as soon as possible. Key evidence could be lost soon after an accident it is important for the lawyer to have their investigation staff gather and protect vital evidence. Acting quickly to retain the right injury lawyer will provide for a good outcome.

Howard Ankin is the managing partner of the Ankin Law Office LLC, a 30 person firm housed in the Ankin Law Building, in Chicago Illinois. Howard is a third generation attorney and continues the traditions of his father and grandfather in providing legal services throughout the Chicago metro area and the state dating back to 1940. Ankin Law Office LLC specializes in injury law, workers compensation, wrongful death, social security disability, and class action law suits. Howard is an avid speaker and writer on injury related issues. He has devoted is career to seeking justice on behalf of his clients. If you have a legal question, please call Ankin Law Office LLC for a free consultation at (312) 346-8780 or (800) 442-6546.

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8 Positive Traits of a Good Lawyer

By Toby King

With so many lawyers and legal advisers today, finding a good lawyer is a tedious job. Except if you have some friends who can refer you to some good people in the legal practice, chances are you will not find the right one at first attempt. To find someone who has the skills to help you out of your legal problem, look for these positive traits. These will help you to get the lawyer that you've been looking for:

1. A good lawyer can write very well.

Excellent writing is a must for any lawyer because a big part of his job involves drafting motions, pleadings, briefs and contracts. He also writes hundreds of letters to different recipients including government institutions, business establishments, organizations, and individuals. A lawyer who can write well is someone who can help you out of your legal concerns.

2. Good solicitors are hardworking.

Lawyers who don't "sit on their cases" are the ones who are committed to their job. One of the most crucial roles of a lawyer is to master the facts of the case to be able to find winning solutions to it. But this calls for extended hours of work. It is the reason why a hard-working lawyers can also become a good lawyers.

3. Excellent lawyers are good negotiators.

Solicitors need to be very good negotiators because their job involves daily negotiations on behalf of their clients. So many cases today are solved without the need for court litigation. It is partly because the legal counsels on both sides are able to negotiate a win-win solution for the parties they represent.

4. Admirable lawyers are persuasive.

A solicitor who is gifted with the power of persuasion can sometimes eliminate the need for an argument. Persuasiveness can make other people to take to take your side and accept your reasoning. It is a great skill and a lawyer who is gifted with it is surely bound to succeed.

5. They can remain composed amidst unfavorable conditions.

A good attorney needs to stay calm despite the tirades of malicious adversaries, angry judges and furious clients. Attorneys are exposed to lots of verbal abuse in their line of profession. But a lawyer who can stay composed in the midst of these conditions is surely a good one.

6. Solicitors who are serious about their job are truly committed.

A good legal counsel is committed to spend time to study his cases, attend court hearings, meet clients, and do paperwork. Commitment goes hand in hand with hard work. A lawyer who is truly committed and able to manage his time is one who will most likely succeed in the legal practice.

7. Admirable lawyers are persistent.

Good legal advisers, like the ones who work for law firms in Sydney, are very persistent. They don't give up easily. When things don't go their way the first time around, the will draft a series of motions until they will succeed on behalf of their clients.

8. Outstanding legal advisers are aggressive.

A lawyer needs to be aggressive in order to make things happen. Clients need bold, courageous lawyers because they want to win. A lawyer who wants to win is not afraid to fight.

These are some of the most important traits you have to look for in order to find a good legal adviser. An attorney with these traits can surely help to boost your morale and encourage you to give what you've got to get the case in your favor.

Toby King is a legal consultant and associate, working for a prestigious law firm in Sydney. He provides expert advice on corporate and personal legal concerns like property settlements and financial and accounting services. He recommends law firms in Sydney at Clinchlongletherbarrow for effective solutions to your legal problems.

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How An Elder Law Attorney Can Protect Your Loved Ones

By Kerry Peck

Aging is inevitable. As your loved ones age, it's incredibly important that you prepare for a number of circumstances. Before you start the planning process, learn how an attorney who specializes in elder law can prevent financial senior abuse with a power of attorney, as well as how they can assist with guardianship issues and financial planning.

Elder Law Attorneys Can Help Prevent Financial Senior Abuse

It's unfortunate that elder abuse is a major problem, whether it's mental, sexual or physical abuse, abandonment or neglect. While it can be difficult for an elder law attorney to protect your relatives from these types of abuse (they're all a case for the police, so call if you suspect something is amiss), a lawyer can prevent financial abuse before it occurs through a power of attorney.

A senior can sign a power of attorney, appointing someone as his or her financial agent. This gives a trusted loved one the ability to make all financial decisions, while leaving other choices, such as where to live, to the senior. Many seniors are susceptible to falling for scams and fraud and this will help ensure that a senior's finances remain intact.

Plan For Your Loved One's Financial Future

Long-term care is incredibly expensive. Whether your loved one requires round the clock care or simply needs someone to stop by for a couple hours a day, the costs can start at $25,000 a year. Many families try to shoulder the cost of care themselves, but this quickly eliminates resources. Estate planning attorneys can help families legally protect their assets, while helping them qualify for services like Medicaid.

Taking Care Of Guardianship Issues

Eventually, your loved one may be unable to care for him or herself. When this happens, it's important to establish guardianship. An elder law attorney can determine whether you have a case for guardianship and will be able to put the paperwork together and help represent you in front of a judge at a guardianship hearing. This can be a stressful time, especially if multiple family members don't agree on who should be the guardian or if it's even necessary.

If you're named as a guardian for your loved one, you'll have the ability to make every decision for them. This includes how to spend their money, where they live and even medical decisions. This can protect your relatives from being harmed in an accident or losing their money because of a scam.

If you're worried about your relatives as they age, contact a lawyer that specializes in elder law for help. He or she will be able to help you determine what steps should be taken, whether it's preventing financial abuse with a power of attorney, protecting your assets through asset planning or drawing up guardianship papers. Before you meet with a lawyer, ask your friends and family members for recommendations to make sure that you're choosing someone who's knowledgeable about all issues related to elder law.

Peck Bloom is the premier firm dealing elder law in Chicago. The firm's attorneys are known as some of the most experienced elder lawyers in Illinois. To speak with a live chat representative, visit the firm's website.

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