How to Select the Right California Compensation Attorney
by Aretha Singh
Have you been injured? Did you know that because you live in the state of California that you can make a claim to receive compensation for that injury -- regardless of the nature of your injury? Your best strategy is to secure a reputable California personal injury attorney - one who knows your rights under the law, one who will give you the professional advice you need in order to get all the compensation you deserve.
Your search for the perfect compensation attorney should start as soon as you are injured. You should only confer with those compensation attorneys who provide free consultation. One should discuss his/her case and get opinions of a few attorneys before selecting their legal representative. Various opinions from different lawyers enable you to get a better insight and prospective of the case, which will help you decide which lawyer will be suitable for getting you the best compensation. To get the best deal, you must enquire about the amount of compensation that the attorney will get for you and how much he/she will charge you for the legal services provided, before making your final decision.
From here, all you have to do is make a logical decision based on your own person needs. Do not fall into the trap that many people fall into by neglecting to act on your personal injury case before it is too late. Give the California personal injury attorney a call and ask for some basic advice.
Finally, after you have met with all the prospective attorneys on your list, you will need to choose the one who best understands your unique needs. Please do not put this matter off until "some other time." Many people have lost out because they waited too long! Call a California personal injury attorney for a basic consultation¡Kand do it TODAY.
About the Author
For more articles by Aretha Singh, visit First Compensation, and Reef Attorney. Both have some good articles on compensation and legal issues.Get your own completely unique content version of this article.
Monday, February 26, 2007
Tuesday, February 20, 2007
Litigation can put you out of business in a heartbeat
Litigation can put you out of business in a heartbeat
by Dr Mike Teng
Many companies underestimate the potential gravity of getting into litigious situations. Lawsuits, especially in cases where one does not have strong legal legs to stand on, are potential minefields for disaster. Many organisations work hard to grow the top line only to have a lawsuit siphon off the money. It is like having a purse with holes in it. Regardless of whether you win or lose the lawsuit, the ultimate winner is the lawyer. Unfortunately if your company happens to be the loser, the magnitude of the costs and damages could possibly derail your business overnight.
Visit www.corporateturnaroundexpert.com for more information Many contractors in Singapore also got themselves into trouble by taking on contracts indiscriminately despite poor margins, unrealistic deadlines and liabilities. Eventually, they were held liable for massive liquidated damages for delays in completion and consequential damages resulting from their work. The risks involved were disproportionate to the returns from such jobs. Some of these sub-contractors were hopeful that they could make money from variation orders or additional scope of work not stipulated in the original contract. However, these variation orders were not properly signed off before the additional work was executed as a result some main contractors took advantage not to pay in times of contractual disputes. Also, projects often get delayed for many uncontrollable reasons and that these sub-contractors had to contend with counter claims and back charges from the main contractors.
In many cases, these sub-contractors could not afford a protracted litigation battle and had to settle out of court with the main contractors for an unfavourable settlement. Many of these sub-contractors would be been spared the headaches if they had avoided taking on such onerous contracts. Be wary of the ramifications of litigation especially in the case of China. An effective strategy in China means understanding the myriads of legal and regulatory issues at the state and provincial level, the city or even local level. Conflict and contract dispute resolution, remedies and legal recourse significantly differ from region to region. This can be a minefield through which to navigate. However, much of the headaches can be minimised if one clearly understands the legal issues involved at the outset. It is important to understand these issues at the start.
In China, the government has great involvement with the business sector. For example for state-owned enterprises (SOEs), it is difficult to delineate between public and private business ownership. Therefore, it is important to understand the legalities before entering into partnership with the SOE. With the entry into World Trade Organisation, China has progressively removed many artificial barriers in the business sector. However, China remains basically a closed market and tightly managed by the government. It is a prerequisite to understand the rules and regulations of your industry. The law will always catch up with you if there is any non-compliance whether deliberate or through sheer ignorance. Your disgruntled staff or competitors will report to the authority on your non-compliance as reporting against one another is a common communist trait.
Litigation once nearly destroyed America's small aircraft industry. It also threatened to topple powerful brokerage firms because of the conduct of their analysts. The Catholic Church is also vulnerable to an onslaught of litigation due to the spates of alleged abuses by its priesthood. The other classic example is Arthur Anderson. The suspicion of improprieties and litigations caused massive customer defections.
If you reckon that your company can benefit economically by ignoring a law, you may be kidding yourself. Be extra careful. If non-compliance results in safety hazards for employees or the public in general, do not break the law, it is not worth it. Also, during hard times when you cannot repay your creditors, try convincing them to extend the payment period rather than sue you in court. Most creditors such as the banks would prefer that the matter be settled amicably as it is bad publicity for all parties concerned, both the plaintiff and the defendant.
Therefore it always pays to play by the law in the long term. If you are a boxer, you do not chew up the ears of your opponents. You will be barred from future matches or worse still be put in jail like Mike Tyson. Your reputation will also go down the tubes.
About the Author
http://www.corporateturnaroundexpert.com
Dr Mike Teng (DBA, MBA, BEng, FIMechE, FIEE, CEng, PEng, FCMI, FCIM, SMCS) is the author of the best-selling business book "Corporate Turnaround: Nursing a sick company back to health", in 2002. In 2006, he authored another book entitled, "Corporate Wellness: 101 Principles in Turnaround and Transformation." Dr Teng is widely recognized as a turnaround CEO in Asia.
by Dr Mike Teng
Many companies underestimate the potential gravity of getting into litigious situations. Lawsuits, especially in cases where one does not have strong legal legs to stand on, are potential minefields for disaster. Many organisations work hard to grow the top line only to have a lawsuit siphon off the money. It is like having a purse with holes in it. Regardless of whether you win or lose the lawsuit, the ultimate winner is the lawyer. Unfortunately if your company happens to be the loser, the magnitude of the costs and damages could possibly derail your business overnight.
Visit www.corporateturnaroundexpert.com for more information Many contractors in Singapore also got themselves into trouble by taking on contracts indiscriminately despite poor margins, unrealistic deadlines and liabilities. Eventually, they were held liable for massive liquidated damages for delays in completion and consequential damages resulting from their work. The risks involved were disproportionate to the returns from such jobs. Some of these sub-contractors were hopeful that they could make money from variation orders or additional scope of work not stipulated in the original contract. However, these variation orders were not properly signed off before the additional work was executed as a result some main contractors took advantage not to pay in times of contractual disputes. Also, projects often get delayed for many uncontrollable reasons and that these sub-contractors had to contend with counter claims and back charges from the main contractors.
In many cases, these sub-contractors could not afford a protracted litigation battle and had to settle out of court with the main contractors for an unfavourable settlement. Many of these sub-contractors would be been spared the headaches if they had avoided taking on such onerous contracts. Be wary of the ramifications of litigation especially in the case of China. An effective strategy in China means understanding the myriads of legal and regulatory issues at the state and provincial level, the city or even local level. Conflict and contract dispute resolution, remedies and legal recourse significantly differ from region to region. This can be a minefield through which to navigate. However, much of the headaches can be minimised if one clearly understands the legal issues involved at the outset. It is important to understand these issues at the start.
In China, the government has great involvement with the business sector. For example for state-owned enterprises (SOEs), it is difficult to delineate between public and private business ownership. Therefore, it is important to understand the legalities before entering into partnership with the SOE. With the entry into World Trade Organisation, China has progressively removed many artificial barriers in the business sector. However, China remains basically a closed market and tightly managed by the government. It is a prerequisite to understand the rules and regulations of your industry. The law will always catch up with you if there is any non-compliance whether deliberate or through sheer ignorance. Your disgruntled staff or competitors will report to the authority on your non-compliance as reporting against one another is a common communist trait.
Litigation once nearly destroyed America's small aircraft industry. It also threatened to topple powerful brokerage firms because of the conduct of their analysts. The Catholic Church is also vulnerable to an onslaught of litigation due to the spates of alleged abuses by its priesthood. The other classic example is Arthur Anderson. The suspicion of improprieties and litigations caused massive customer defections.
If you reckon that your company can benefit economically by ignoring a law, you may be kidding yourself. Be extra careful. If non-compliance results in safety hazards for employees or the public in general, do not break the law, it is not worth it. Also, during hard times when you cannot repay your creditors, try convincing them to extend the payment period rather than sue you in court. Most creditors such as the banks would prefer that the matter be settled amicably as it is bad publicity for all parties concerned, both the plaintiff and the defendant.
Therefore it always pays to play by the law in the long term. If you are a boxer, you do not chew up the ears of your opponents. You will be barred from future matches or worse still be put in jail like Mike Tyson. Your reputation will also go down the tubes.
About the Author
http://www.corporateturnaroundexpert.com
Dr Mike Teng (DBA, MBA, BEng, FIMechE, FIEE, CEng, PEng, FCMI, FCIM, SMCS) is the author of the best-selling business book "Corporate Turnaround: Nursing a sick company back to health", in 2002. In 2006, he authored another book entitled, "Corporate Wellness: 101 Principles in Turnaround and Transformation." Dr Teng is widely recognized as a turnaround CEO in Asia.
Wednesday, February 14, 2007
How the Insurance Companies Look at Mesothelioma
How the Insurance Companies Look at Mesothelioma
by Nick Johnson
Mesothelioma is a malignant cancer that is found in the mesothelium (or protective covering) of the lung, heart, and abdomen. It is caused by the exposure of asbestos and is the focus of thousands of lawsuits across America. Many people who are diagnosed with mesothelioma are those who worked in factories, automotive factories, construction, and with jobs that manufactured or produced products that was made of the asbestos fibers. Thousands of people are winning billions of dollars in mesothelioma lawsuits; however, the insurance companies frown on these lawsuits because of the lack of evidence that the asbestos exposure is the cause of the mesothelioma. The insurance companies are feeling the pain of these lawsuits because they are losing billions of dollars.
Although it is proven that mesothelioma is caused by exposure to asbestos, it is not known for sure where and when the asbestos exposure really occurred since it probably occurred over the course of thirty to forty years. Mesothelioma is not a disease that occurs overnight. It occurs as a result of prolonged exposure to asbestos. Many people who are diagnosed with mesothelioma worked for company's decades earlier where asbestos exposure was very high. It is evident that that the mesothelioma was probably caused by this exposure, but the insurance companies say that there is not real evidence to prove this exposure. Therefore, the insurance companies really frown on the mesothelioma cases.
If you have been diagnosed with mesothelioma and you are having a hard time getting your insurance company to pay for your medical expenses, then you should contact a mesothelioma lawyer. You have a right to have your medical expenses paid regardless of what evidence your insurance company says it has or is missing. There are mesothelioma lawyers who are trained and who have a lot of experience in dealing with insurance companies and mesothelioma and they can answer any questions or concerns that you have about your mesothelioma and how your insurance company is or is not handling your medical expenses that are related to your condition. So, if you feel you are not receiving fair benefits or treatment from your insurance company in regards to your mesothelioma, you may be able to file a lawsuit and you may be entitled to many benefits as a result of your mesothelioma lawsuit. There is no need to suffer more than you already have. A mesothelioma lawyer will be able to help you.
About the Author
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.
by Nick Johnson
Mesothelioma is a malignant cancer that is found in the mesothelium (or protective covering) of the lung, heart, and abdomen. It is caused by the exposure of asbestos and is the focus of thousands of lawsuits across America. Many people who are diagnosed with mesothelioma are those who worked in factories, automotive factories, construction, and with jobs that manufactured or produced products that was made of the asbestos fibers. Thousands of people are winning billions of dollars in mesothelioma lawsuits; however, the insurance companies frown on these lawsuits because of the lack of evidence that the asbestos exposure is the cause of the mesothelioma. The insurance companies are feeling the pain of these lawsuits because they are losing billions of dollars.
Although it is proven that mesothelioma is caused by exposure to asbestos, it is not known for sure where and when the asbestos exposure really occurred since it probably occurred over the course of thirty to forty years. Mesothelioma is not a disease that occurs overnight. It occurs as a result of prolonged exposure to asbestos. Many people who are diagnosed with mesothelioma worked for company's decades earlier where asbestos exposure was very high. It is evident that that the mesothelioma was probably caused by this exposure, but the insurance companies say that there is not real evidence to prove this exposure. Therefore, the insurance companies really frown on the mesothelioma cases.
If you have been diagnosed with mesothelioma and you are having a hard time getting your insurance company to pay for your medical expenses, then you should contact a mesothelioma lawyer. You have a right to have your medical expenses paid regardless of what evidence your insurance company says it has or is missing. There are mesothelioma lawyers who are trained and who have a lot of experience in dealing with insurance companies and mesothelioma and they can answer any questions or concerns that you have about your mesothelioma and how your insurance company is or is not handling your medical expenses that are related to your condition. So, if you feel you are not receiving fair benefits or treatment from your insurance company in regards to your mesothelioma, you may be able to file a lawsuit and you may be entitled to many benefits as a result of your mesothelioma lawsuit. There is no need to suffer more than you already have. A mesothelioma lawyer will be able to help you.
About the Author
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.
Monday, February 12, 2007
"How To Never Overpay for A Home or Real Estate"
"How To Never Overpay for A Home or Real Estate"
by John Davis
Recently I have noticed that there are a lot of people out there overpaying for property and I can help but to ask myself why. The reason that I have come up with is lack of education that is given to prospective buyers. As a buyer, you rely on your realtor to protect you. In Webster's dictionary it defines the word client as:
1: one that is under protection of another: DEPENDENT 2 a: a person who engages the professional advice or services of another b: customer c: a person served by or utilizing the services of a social agency
As buyers, we look to professionals such as lawyers, realtors, title companies, appraisers, and banking officers to look after our best interest because we trust that they are looking out for our own well being as their client. Now clearly we feel that is their job, their responsibility to look after us, don't you agree?
Well, under some state laws buyers are considered buyer beware states. What does this mean to you? Well, it is simple - Let the Buyer Beware. In other words, your realtor cannot tell you that you are paying too much for a property. If they did, they put their job at risk. So in this report we will discuss steps you can take to insure that you are not paying too much for your property. We start by explaining the appraisal process.
Appraisals Explained
Now before you get a loan, your lender will require an appraisal on the property. This is simply to check the value of the home to make sure that the lender is protected with the money that they lend you. The lender will send the sales contract to the appraiser to get the appraisal done. Here is what the appraiser will do: they will look for sales that are in your neighborhood that are similar in size and style. Then they will give their opinion on what the homes are worth. Now, an appraiser can look for homes that have sold for less, for more, or about what you are paying. They will look for homes that support your price on the sales contract. After all, they want the loan to go through so that they can get paid, the loan officer is pushing for the loan to go through so they can get paid.
So where does this leave you?
Just for a moment, imagine that you are in the market for a house. You have been looking, then you find one that is what you want. The seller is asking $100,000, you tell your realtor that you are going to offer $95,000. But in actuality the homes in the area that are similar to the one you are buying are selling for $85,000, but you are not aware since you are relying on your realtor for protection. Now you buy the home at $95,000 feeling good about your purchase. Now, in one year, imagine you lost your job and was forced to relocate and sell the property. If the homes in the area have been selling for $85,000, guess what? You now owe more than what your property is worth. For the average home in America, there is a 4-6 month time that it takes to sell the property and sellers typically get 95% of the value of the home.
This is not a make-believe scenario. Just last week I had someone to call me wanting me to purchase their home. They had bought it only 1 year ago for $38,000. They were 4 months behind on their house payment. The house was falling apart and needed serious repairs. So, I check the comps to see what has sold in the area and the homes that did not need any repairs were selling for $20-$30K. She paid $38K for one that needed serious work! She overpaid by at least $20K. Now, in 1 year the home is not suddenly going to be in need of all these repairs. If she had done her homework she would have not overpaid.
Now the bank is threatening to foreclose, here is what will happen if they foreclose: The bank will hire an attorney to foreclose, thus running 3 - 4 ads in the newspaper to auction of the house. In most cases the bank will take the home back. Now, everyone knows that there are people looking for foreclosed property that they can pick up cheap- right? Now if the bank takes an amount less than what was owed, then you (the homeowner) are still responsible for the remaining debt.
The bank will then seek for a deficiency judgment. If they get a judgment, they can then possibly garnish your wages and the judgment will attach to anything you own for up to 10 years. After that they can re-file for another 10 years.
The bank can also forgive the debt that you owe. You are thinking this would be great - right? Well there is a catch- if they do this they will send you a 1099 for the difference for unearned income. I witnessed a seller get a 1099 for unearned income for the remainder of the debt that was owed for over $67K!
Many of these scenarios would not happen if people would just not overpay for their property to begin with. What about the Realtor? I hear you ask. The realtor's job is to sell houses. That is what they are there for, they sell. They will rely on you and your inspector to look things over. When you go get a loan, the loan officer's job is to sell the loan to you. When they call the appraiser, their job is to see that the appraisal comes in enough to support the purchase price. In some States, the Law requires for appraisers to even see the contract. So, the appraiser knows up front what the house should appraise at and they will search for the comparable home sales that will support your purchase price. This does not mean that your house is worth what they say. I have seen 2 appraisals on the same house come back with a difference of over $90K!
So how can you know? Here are the steps that I would take: 1.Drive the neighborhood that you are looking in. 2.Write down all the names, addresses, and phone numbers of all the properties that are for sale. 3.Find out the following: ·The age of the home ·The condition ·The price that they are asking ·How long it has been listed on the market ·Feature of the home 4.Go to the courthouse and look at the tax assessor's value. This is usually a little low but will give you a ballpark figure. Look at the other properties tax value and compare them all with the amount of land, square footage, buildings, etc. 5.Compare the homes to the one you are looking at. 6.Go in and look at everyone of the homes that are listed 7.Make note of everything that the other homes have that yours don't. 8.Look at how many days the home has been listed. This part can be tricky. On all the data sheets of the homes that realtors list there is a section in the top for DOM (days on market) that tells you how long it has been listed. Now, if the seller only signed a 90-day contract with the realtor to sell the home, after the 90 days this number is reset. Point blank ask the realtor to find out how many TOTAL days has this house been listed. If you see that the home has been listed for over 120 days, there may be a chance that they are asking a little too much for the property. So keep this in mind when making an offer. 9.When making your offer, you want to figure in, if you were forced to sell in 6 months, what would you be able to get out of the home? When you calculate this figure consider the following expenses: a.4- 6 months of mortgage payments b.4-6 months Utility c.4-6 months of insurance d.6 % commission to a realtor e.Closing Fees f.Advertising Cost if you do not list with a Realtor g.5% - 10% discount. Rarely do people pay full asking price, so count on taking at least a 5% discount.
10.You can also hire another realtor to do a BPO. This stands for Brokers Price Opinion, very similar to an appraisal without the expense. You typically can get a realtor to do a BPO for $50- $75. When you do this, get a realtor from a totally different organization. Usually Realty companies have 1-2 people allocated to do these BPO's. 11.Now make your offer according to your research that would support you and your family. I once heard that when you make an offer if you are not embarrassed by the offer, you may be offering too much. I don't know if this is true, however it is something for you to consider and think about when you are constructing offers.
The reason that I wrote this is because I felt obligated, compelled, and duty-bound to offer the advice that I have learned from years of buying and selling homes. I have seen good markets and bad markets; these are the same methods I use to make sure that I am not overpaying. After I met with the lady that over-paid for her property that I mentioned earlier, I felt responsible to educate the market on how anyone could easily get into this situation and how you can avoid it with a little bit of research.
About the Author
Now you can stop your home foreclosure.
Free Report Tells you "How to Win The War Against Your Lender and stop Foreclosure!" at http://www.48hourclose.com
John Davis owns 48hourclose.com: a website devoted to helping families that are facing foreclosure.
by John Davis
Recently I have noticed that there are a lot of people out there overpaying for property and I can help but to ask myself why. The reason that I have come up with is lack of education that is given to prospective buyers. As a buyer, you rely on your realtor to protect you. In Webster's dictionary it defines the word client as:
1: one that is under protection of another: DEPENDENT 2 a: a person who engages the professional advice or services of another b: customer c: a person served by or utilizing the services of a social agency
As buyers, we look to professionals such as lawyers, realtors, title companies, appraisers, and banking officers to look after our best interest because we trust that they are looking out for our own well being as their client. Now clearly we feel that is their job, their responsibility to look after us, don't you agree?
Well, under some state laws buyers are considered buyer beware states. What does this mean to you? Well, it is simple - Let the Buyer Beware. In other words, your realtor cannot tell you that you are paying too much for a property. If they did, they put their job at risk. So in this report we will discuss steps you can take to insure that you are not paying too much for your property. We start by explaining the appraisal process.
Appraisals Explained
Now before you get a loan, your lender will require an appraisal on the property. This is simply to check the value of the home to make sure that the lender is protected with the money that they lend you. The lender will send the sales contract to the appraiser to get the appraisal done. Here is what the appraiser will do: they will look for sales that are in your neighborhood that are similar in size and style. Then they will give their opinion on what the homes are worth. Now, an appraiser can look for homes that have sold for less, for more, or about what you are paying. They will look for homes that support your price on the sales contract. After all, they want the loan to go through so that they can get paid, the loan officer is pushing for the loan to go through so they can get paid.
So where does this leave you?
Just for a moment, imagine that you are in the market for a house. You have been looking, then you find one that is what you want. The seller is asking $100,000, you tell your realtor that you are going to offer $95,000. But in actuality the homes in the area that are similar to the one you are buying are selling for $85,000, but you are not aware since you are relying on your realtor for protection. Now you buy the home at $95,000 feeling good about your purchase. Now, in one year, imagine you lost your job and was forced to relocate and sell the property. If the homes in the area have been selling for $85,000, guess what? You now owe more than what your property is worth. For the average home in America, there is a 4-6 month time that it takes to sell the property and sellers typically get 95% of the value of the home.
This is not a make-believe scenario. Just last week I had someone to call me wanting me to purchase their home. They had bought it only 1 year ago for $38,000. They were 4 months behind on their house payment. The house was falling apart and needed serious repairs. So, I check the comps to see what has sold in the area and the homes that did not need any repairs were selling for $20-$30K. She paid $38K for one that needed serious work! She overpaid by at least $20K. Now, in 1 year the home is not suddenly going to be in need of all these repairs. If she had done her homework she would have not overpaid.
Now the bank is threatening to foreclose, here is what will happen if they foreclose: The bank will hire an attorney to foreclose, thus running 3 - 4 ads in the newspaper to auction of the house. In most cases the bank will take the home back. Now, everyone knows that there are people looking for foreclosed property that they can pick up cheap- right? Now if the bank takes an amount less than what was owed, then you (the homeowner) are still responsible for the remaining debt.
The bank will then seek for a deficiency judgment. If they get a judgment, they can then possibly garnish your wages and the judgment will attach to anything you own for up to 10 years. After that they can re-file for another 10 years.
The bank can also forgive the debt that you owe. You are thinking this would be great - right? Well there is a catch- if they do this they will send you a 1099 for the difference for unearned income. I witnessed a seller get a 1099 for unearned income for the remainder of the debt that was owed for over $67K!
Many of these scenarios would not happen if people would just not overpay for their property to begin with. What about the Realtor? I hear you ask. The realtor's job is to sell houses. That is what they are there for, they sell. They will rely on you and your inspector to look things over. When you go get a loan, the loan officer's job is to sell the loan to you. When they call the appraiser, their job is to see that the appraisal comes in enough to support the purchase price. In some States, the Law requires for appraisers to even see the contract. So, the appraiser knows up front what the house should appraise at and they will search for the comparable home sales that will support your purchase price. This does not mean that your house is worth what they say. I have seen 2 appraisals on the same house come back with a difference of over $90K!
So how can you know? Here are the steps that I would take: 1.Drive the neighborhood that you are looking in. 2.Write down all the names, addresses, and phone numbers of all the properties that are for sale. 3.Find out the following: ·The age of the home ·The condition ·The price that they are asking ·How long it has been listed on the market ·Feature of the home 4.Go to the courthouse and look at the tax assessor's value. This is usually a little low but will give you a ballpark figure. Look at the other properties tax value and compare them all with the amount of land, square footage, buildings, etc. 5.Compare the homes to the one you are looking at. 6.Go in and look at everyone of the homes that are listed 7.Make note of everything that the other homes have that yours don't. 8.Look at how many days the home has been listed. This part can be tricky. On all the data sheets of the homes that realtors list there is a section in the top for DOM (days on market) that tells you how long it has been listed. Now, if the seller only signed a 90-day contract with the realtor to sell the home, after the 90 days this number is reset. Point blank ask the realtor to find out how many TOTAL days has this house been listed. If you see that the home has been listed for over 120 days, there may be a chance that they are asking a little too much for the property. So keep this in mind when making an offer. 9.When making your offer, you want to figure in, if you were forced to sell in 6 months, what would you be able to get out of the home? When you calculate this figure consider the following expenses: a.4- 6 months of mortgage payments b.4-6 months Utility c.4-6 months of insurance d.6 % commission to a realtor e.Closing Fees f.Advertising Cost if you do not list with a Realtor g.5% - 10% discount. Rarely do people pay full asking price, so count on taking at least a 5% discount.
10.You can also hire another realtor to do a BPO. This stands for Brokers Price Opinion, very similar to an appraisal without the expense. You typically can get a realtor to do a BPO for $50- $75. When you do this, get a realtor from a totally different organization. Usually Realty companies have 1-2 people allocated to do these BPO's. 11.Now make your offer according to your research that would support you and your family. I once heard that when you make an offer if you are not embarrassed by the offer, you may be offering too much. I don't know if this is true, however it is something for you to consider and think about when you are constructing offers.
The reason that I wrote this is because I felt obligated, compelled, and duty-bound to offer the advice that I have learned from years of buying and selling homes. I have seen good markets and bad markets; these are the same methods I use to make sure that I am not overpaying. After I met with the lady that over-paid for her property that I mentioned earlier, I felt responsible to educate the market on how anyone could easily get into this situation and how you can avoid it with a little bit of research.
About the Author
Now you can stop your home foreclosure.
Free Report Tells you "How to Win The War Against Your Lender and stop Foreclosure!" at http://www.48hourclose.com
John Davis owns 48hourclose.com: a website devoted to helping families that are facing foreclosure.
Saturday, February 10, 2007
Learn How To Solve Mysteries at Legal Nurse Consultant Schools
Learn How To Solve Mysteries at Legal Nurse Consultant Schools
by Ysolt Usigan
When Nicole Brown Simpson was murdered, when Rodney King was beaten by police officers, and whenever doctors have been suspected of malpractice, legal nurse consultants appeared at the criminal trials to offer their healthcare expertise. Utilizing this type of healthcare knowledge, these nurses typically go into legal nurse consultant careers because they have a strong interest in court proceedings and criminal justice. They're frequently asked by defense attorneys and prosecutors to exercise their forensic and/or pharmacological knowledge. Once their investigation takes place, they help resolve difficult unanswered and unexplained cases.
Training at Legal Nurse Consultant Schools
Registered nurses usually complete programs at legal nurse consultant schools before working with lawyers. These nurses have already worked in divisions such as intensive care, obstetrics, the emergency room, and other medical disciplines. All they require is training in legal ethics, toxic tort evaluation, personal injury cases, forensic science, legal writing, trial preparation (just to name a few) at legal nurse consultant schools. There are also courses at legal nurse consulting schools that familiarize students with medical malpractice in anesthesia, record tampering, low-back injuries, other automobile-related injuries, product liability, even malpractice in medical triage.
Required Learning at Legal Nurse Consultant Schools
In order to practice as a legal nurse consultant, a registered nurse must graduate from one of many legal nurse consultant schools and receive the appropriate occupational certifications. A certification exam issued by the National Alliance of Certified Legal Nurse Consultants can also be taken voluntarily to add to one's credentials.
After Legal Nurse Consultant Schools...
Employment for a registered nurse who's completed a program at one of many legal nurse consultant colleges has a bright future. Typically, professionals with legal nurse consultant careers are contracted for work by private attorneys and corporate lawyers. Some can also find work outside the courtroom with positions at hospitals, clinics, insurance companies, and government agencies. Their primary focus is to provide quality assurance.
With nursing, as a whole, considered to be one of the top 10 fastest growing professions in the United States, the same can be said of legal nurse consultants. Those who graduate from legal nurse consultant schools have nothing to worry about as jobs within this field are only expected to grow throughout the decade as a result of the litigious nature of today's society, more and more organizations introducing medications and medical devices, and the growing pharmaceutical industry.
To find college and career schools near you, surf http://www.CollegeSurfing.com.
© Copyright 2007 The CollegeBound Network All Rights Reserved
NOTICE: Article(s) may be republished free of charge to relevant websites, as long as Copyright and Author Resource Box are included; and ALL Hyperlinks REMAIN intact and active.
About the Author
Ysolt Usigan is a frequent contributor to The CollegeBound Network. Learn more about finding a school or career that's right for you!
by Ysolt Usigan
When Nicole Brown Simpson was murdered, when Rodney King was beaten by police officers, and whenever doctors have been suspected of malpractice, legal nurse consultants appeared at the criminal trials to offer their healthcare expertise. Utilizing this type of healthcare knowledge, these nurses typically go into legal nurse consultant careers because they have a strong interest in court proceedings and criminal justice. They're frequently asked by defense attorneys and prosecutors to exercise their forensic and/or pharmacological knowledge. Once their investigation takes place, they help resolve difficult unanswered and unexplained cases.
Training at Legal Nurse Consultant Schools
Registered nurses usually complete programs at legal nurse consultant schools before working with lawyers. These nurses have already worked in divisions such as intensive care, obstetrics, the emergency room, and other medical disciplines. All they require is training in legal ethics, toxic tort evaluation, personal injury cases, forensic science, legal writing, trial preparation (just to name a few) at legal nurse consultant schools. There are also courses at legal nurse consulting schools that familiarize students with medical malpractice in anesthesia, record tampering, low-back injuries, other automobile-related injuries, product liability, even malpractice in medical triage.
Required Learning at Legal Nurse Consultant Schools
In order to practice as a legal nurse consultant, a registered nurse must graduate from one of many legal nurse consultant schools and receive the appropriate occupational certifications. A certification exam issued by the National Alliance of Certified Legal Nurse Consultants can also be taken voluntarily to add to one's credentials.
After Legal Nurse Consultant Schools...
Employment for a registered nurse who's completed a program at one of many legal nurse consultant colleges has a bright future. Typically, professionals with legal nurse consultant careers are contracted for work by private attorneys and corporate lawyers. Some can also find work outside the courtroom with positions at hospitals, clinics, insurance companies, and government agencies. Their primary focus is to provide quality assurance.
With nursing, as a whole, considered to be one of the top 10 fastest growing professions in the United States, the same can be said of legal nurse consultants. Those who graduate from legal nurse consultant schools have nothing to worry about as jobs within this field are only expected to grow throughout the decade as a result of the litigious nature of today's society, more and more organizations introducing medications and medical devices, and the growing pharmaceutical industry.
To find college and career schools near you, surf http://www.CollegeSurfing.com.
© Copyright 2007 The CollegeBound Network All Rights Reserved
NOTICE: Article(s) may be republished free of charge to relevant websites, as long as Copyright and Author Resource Box are included; and ALL Hyperlinks REMAIN intact and active.
About the Author
Ysolt Usigan is a frequent contributor to The CollegeBound Network. Learn more about finding a school or career that's right for you!
Tuesday, February 6, 2007
Practical Tips For Choosing The Right Missouri Divorce Lawyer
Practical Tips For Choosing The Right Missouri Divorce Lawyer
by Karin Manning
Choosing your Missouri divorce lawyer could be one of the most important things you do in your divorce. Making a decision to finally divorce is a difficult and very emotional process. That's why it's critical that you find the right Missouri divorce attorney to help you handle this very difficult and painful time in your life.
Divorce decisions are usually finally so it's very important to pay close attention when choosing your Missouri divorce lawyer. If you want to change to a different Missouri divorce lawyer in the future after you have hired one, you may not be able to. Often you need to get permission of the judge hearing your matter before you can change your Missouri divorce lawyer or substitute Missouri divorce lawyers. Additionally, if your decision to change Missouri divorce lawyers is too close to the date of your hearing the Judge may be hesitant to make such a change.
Changing Missouri divorce lawyers is more expensive than you may initially think. When you first hire a Missouri divorce lawyer they will usually ask for a retainer (an advance in their legal fees). Sometimes, these retainers are refundable if you suddenly do decide to change Missouri divorce attorneys. However, you are still obligated to pay the fair amount to the first Missouri divorce lawyer for the work he has already done for you, even if you fire them in the future. Moreover, some Missouri divorce retainers are non refundable.
At the end of the day, it all depends on what divorce fee agreement or contract you may have signed prior to hiring the services of your Missouri divorce lawyer. If the Missouri divorce contract clearly states that the retainer is refundable, then you're lucky and in the clear. However, if the Missouri divorce attorney contract says that it is non refundable, then changing Missouri divorce attorneys is something you will want to consider very carefully before making any rash decisions.
In any case, make sure that there is a clear and concise written agreement between yourself and your Missouri divorce lawyer and that it contains the items you have mutually agreed upon. Do not rely upon a mere oral understanding or a verbal agreement as this won't hold up in court.
Qualities to Look for In A Missouri divorce lawyer
Choosing a Missouri divorce lawyer is similar to choosing a general practitioner. When you are preparing to give birth you take the care to find a good doctor to handle your prenatal care and delivery. For example, these are the kind of qualities that you would look for in a medical practitioner:
* They are a specialist in obstetrics * They haev extensive experience in obstetrics * They are Board-certified in obstetrics * You feel very comfortable with them and trust them implicitly with your prenatal care.
The same factors should be considered when choosing a Missouri divorce lawyer:
* They are a specialist in divorce law * They have experience in divorce law * They undertake ongoing legal education courses in divorce law * They have passed the bar in your state * You feel comfortable with them and trust them implicitly that they will do the right thing by you
Where to Look For A Missouri Divorce Attorney That's Right For You
Start by asking your close friends, family, or any acquaintance who has recently gone through a Missouri divorce or knows someone who does. Ask them what they liked about their Missouri divorce lawyer and if given the chance, would they hire them again. If they don't recommend them for your Missouri divorce then ask why they wouldn't recommend them to you. This will be a good guide of what you should look out for and avoid when choosing your Missouri divorce attorney.
You can also contact your local courthouse and local bar association. Bar associations usually have their own lawyer referral programs which are a good way for you to get good recommendations on a Missouri divorce attorney.
About the Author
Are you going through a Missouri divorce? Did you know statistically a man who doesn't have the right information is more likely to lose a great deal like your home, assets, children, and legal divorce fees. Find out what your ex and her divorce attorney don't want you to know by visiting http://www.divorcesecrets.getwhatyouwant1.com today!
by Karin Manning
Choosing your Missouri divorce lawyer could be one of the most important things you do in your divorce. Making a decision to finally divorce is a difficult and very emotional process. That's why it's critical that you find the right Missouri divorce attorney to help you handle this very difficult and painful time in your life.
Divorce decisions are usually finally so it's very important to pay close attention when choosing your Missouri divorce lawyer. If you want to change to a different Missouri divorce lawyer in the future after you have hired one, you may not be able to. Often you need to get permission of the judge hearing your matter before you can change your Missouri divorce lawyer or substitute Missouri divorce lawyers. Additionally, if your decision to change Missouri divorce lawyers is too close to the date of your hearing the Judge may be hesitant to make such a change.
Changing Missouri divorce lawyers is more expensive than you may initially think. When you first hire a Missouri divorce lawyer they will usually ask for a retainer (an advance in their legal fees). Sometimes, these retainers are refundable if you suddenly do decide to change Missouri divorce attorneys. However, you are still obligated to pay the fair amount to the first Missouri divorce lawyer for the work he has already done for you, even if you fire them in the future. Moreover, some Missouri divorce retainers are non refundable.
At the end of the day, it all depends on what divorce fee agreement or contract you may have signed prior to hiring the services of your Missouri divorce lawyer. If the Missouri divorce contract clearly states that the retainer is refundable, then you're lucky and in the clear. However, if the Missouri divorce attorney contract says that it is non refundable, then changing Missouri divorce attorneys is something you will want to consider very carefully before making any rash decisions.
In any case, make sure that there is a clear and concise written agreement between yourself and your Missouri divorce lawyer and that it contains the items you have mutually agreed upon. Do not rely upon a mere oral understanding or a verbal agreement as this won't hold up in court.
Qualities to Look for In A Missouri divorce lawyer
Choosing a Missouri divorce lawyer is similar to choosing a general practitioner. When you are preparing to give birth you take the care to find a good doctor to handle your prenatal care and delivery. For example, these are the kind of qualities that you would look for in a medical practitioner:
* They are a specialist in obstetrics * They haev extensive experience in obstetrics * They are Board-certified in obstetrics * You feel very comfortable with them and trust them implicitly with your prenatal care.
The same factors should be considered when choosing a Missouri divorce lawyer:
* They are a specialist in divorce law * They have experience in divorce law * They undertake ongoing legal education courses in divorce law * They have passed the bar in your state * You feel comfortable with them and trust them implicitly that they will do the right thing by you
Where to Look For A Missouri Divorce Attorney That's Right For You
Start by asking your close friends, family, or any acquaintance who has recently gone through a Missouri divorce or knows someone who does. Ask them what they liked about their Missouri divorce lawyer and if given the chance, would they hire them again. If they don't recommend them for your Missouri divorce then ask why they wouldn't recommend them to you. This will be a good guide of what you should look out for and avoid when choosing your Missouri divorce attorney.
You can also contact your local courthouse and local bar association. Bar associations usually have their own lawyer referral programs which are a good way for you to get good recommendations on a Missouri divorce attorney.
About the Author
Are you going through a Missouri divorce? Did you know statistically a man who doesn't have the right information is more likely to lose a great deal like your home, assets, children, and legal divorce fees. Find out what your ex and her divorce attorney don't want you to know by visiting http://www.divorcesecrets.getwhatyouwant1.com today!
6 Possibilities to Solve Client-Lawyer Fee Disputes
6 Possibilities to Solve Client-Lawyer Fee Disputes
by Aaron Brooks
The most common dispute between lawyers and clients is that of fees. Somehow money becomes a bone of contention and things do get nasty with both parties refusing to budge an inch.
When hiring a lawyer you need to be bold enough to ask for "fee" terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case.
On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better.
Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention.
When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer's office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails.
To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structure.
About the Author
Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. His article profile can be found at the premier Article Submission Directory http://www.1888articles.com
by Aaron Brooks
The most common dispute between lawyers and clients is that of fees. Somehow money becomes a bone of contention and things do get nasty with both parties refusing to budge an inch.
When hiring a lawyer you need to be bold enough to ask for "fee" terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case.
On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better.
Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention.
When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer's office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails.
To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structure.
About the Author
Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. His article profile can be found at the premier Article Submission Directory http://www.1888articles.com
Thursday, February 1, 2007
Organized Crime Expert - Amway Just Like Mafia
Organized Crime Expert - Amway Just Like Mafia
by Evelyn Pringle
Organized Crime Expert - Amway Just Like Mafia
Amway knew it was in trouble when the internet arrived and the details about the company's pyramid schemes began appearing online. A memo dated Dec 19, 1997, that surfaced in a lawsuit, contains the details of a voice message sent out to the Amway leadership, by then Vice President, Ken MacDonald, that reveals just how desperately Amway tried to control the flow of information on the internet.
MacDonald said ... "This message is on the internet ... we've hired consultants and been working very diligently on all of the secret computer language that helps the search engines pick a site and because of that we've moved the positive Amway sites quite a bit up in the web search engines, and some of the negative sites down. And lastly, that we are working to provide very soon, for all those who qualified Emeralds and above ... their own personal homepage so we will have tons of positive Amway information on the web," he said.
There is one particular document that the company has gone to great lengths to stop people from reading on the internet. In fact, on June 12, 1998, Amway went to court and got a Protective Order in attempt to keep this specific report hidden from public view.
Professor G Robert Blakey was retained as an expert witness for the plaintiffs in the 1998 Procter & Gamble v Amway lawsuit to render an opinion on Amway's business practices. He is one of the nation's foremost authorities on organized crime. Blakey was directly involved in drafting and implementing RICO-type legislation in 22 of the more than 30 states that enacted racketeering laws.
After studying Amway's business structure and functions, Blakey, wrote a damning report that stated: "It is my opinion that the Amway business is run in a manner that is parallel to that of major organized crime groups, in particular the Mafia. The structure and function of major organized crime groups, generally consisting of associated enterprises engaging in patterns of legal and illegal activity, was the prototype forming the basis for federal and state racketeering legislation that I have been involved in drafting. The same structure and function, with associated enterprises engaging in patterns of legal and illegal activity, is found in the Amway business."
For those not familiar with the RICO Act, it "was passed by ... Congress to enable persons financially injured by a pattern of criminal activity to seek redress through the state or federal courts," according to the Rico Act website. Amway has been sued hundreds of time under the RICO Act.
Blakey Report Outed
In the early spring of 2004, Amway became extremely upset when the full Blakey Report began appearing on the world wide web. The company's attorneys flew into action trying to suppress it.
Initially, they successfully used the protective order to force websites to remove the report. For example, on March 11, 2004, the MLM Survivor website reported that the Quixtar Blog had removed the Blakey Report from its servers and said "... according to the site owner, Amway's lawyers are frantically trying to find out who leaked. They assert the report is confidential, and covered by a protective order."
However, Amway was not as successful with getting it removed from other sites. MLM Survivor reported that company attorneys also contacted MLM, to demand that they remove the report from its website because it was sealed under a protective order.
Survivor's response to Amway was, "We can't remove what we don't have. MLM Survivor does not now, nor has it ever, had a copy of the report on its website. Link, yes. Copy, no," the website said.
This must be like deja vu to MLM. The website had already been hit with one SLAPPer lawsuit by Amway. SLAPP is the abbreviation for Strategic Lawsuits Against Public Participation. According to the First Amendment Center, "SLAPPers do not sue to achieve a litigation outcome; rather, they file to silence their opposition. Generally, the mere filing of the suit -- or just the threat of suit -- accomplishes that purpose;" www.firstamendmentcenter.org
However, it looks like the SLAPPer failed to obtain its objective with Survivor because the site is still alive and well on the internet. In fact, Survivor had this to say about the lawsuit. "I have to admit that I've been waiting for about six years (as long as this site has been in existence) for Amway/Quixtar/Alticor to slap me with a lawsuit for one trumped-up thing or another. I never expected my first-ever lawsuit to be such a farce," it said.
In another futile attempt to have the report removed from a site, on March 2, 2004, Amway Attorney Griffin, sent a letter with a copy of the court order, to a research professor by the name of David Touretzky. On March 21, 2004, he wrote back to Attorney Griffin and stated: My reading of this order leads to the following observations:
Paragraph 16 says that the terms of the order shall remain in force "to the extent that the information in such material is not or does not become known to the public..." Since I obtained my copy of the Blakey Report from a publicly accessible web page, the information clearly has become known to the public. The order therefore no longer applies to this document.
Paragraph 16 also says that the protective order is "binding upon all persons to whom confidential information is disclosed hereunder." The information was not disclosed to me under the terms of this order. I was never a party to this litigation, nor do I have any relationship of any kind with Amway, or Proctor & Gamble, or their respective attorneys, agents, or consultants. The protective order was never intended to apply to totally unrelated parties like me, or the news media, and it is not binding upon me now.
Touretzky's reasoning would apply to the copy of the report that I obtained as well. When I discovered my copy a while back, it was already published on a number sites. It is currently posted on just about every Amway website out there.
The entire report can be read on the www.merchantsofdeception.com website of Eric Scheileber, a former Amway Distributor, who wrote the book, Merchants of Deception, that prompted the current FBI investigation of Amway, and an expose by NBC's Dateline. (The book discloses Amway's close ties to the Republican party and both Bush administrations and can be downloaded free, for a limited time, on the website)
Why Was Amway So Worried?
Why was Amway so worried about people reading the report? Probably because it very specifically explains how the Amway Corporation's family-business structure is just like the mafia. According to Blakey, Amway has a family structure nearly identical to those found in organized crime.
The company has remained a privately held company since it was founded by Jay Van Andel and Rich DeVos in 1959, Blakey notes. But control of the corporation has now shifted to the sons of the founders, Richard DeVos, Jr and Steve Van Andel, he says.
The report also describes the Amway pyramid schemes. "The Amway Corporation primarily provides the various products and services that serve as a backdrop for the pyramid-type recruitment and motivational schemes undertaken in the Amway business."
As evidence of the mafia-like family structure, the report points out that Amway's Policy Board consists of family members Richard DeVos, Sr, Steve Van Andel, Richard DeVos, Jr, Jay Van Andel, Cheri DeVos Vander Weide, Dave Van Andel, Doug DeVos, Nan Van Andel, Dan DeVos and Barb Van Andel Gaby.
On June 7, 2002, the shift of control in authority that Blakey mentioned in 1998, was further confirmed by a press release that announced that Doug DeVos would become president of Amway's parent company, Alticor,* after the retirement of Rich DeVos.
Upon taking office, Doug DeVos, in true mafia lingo, was quoted as saying: "It's humbling to be asked to step into a job that has been done so well for the past 43 years, first by my dad and then by my brother."
Further confirmation of the control being passed down, was the fact that Doug DeVos joined Chairman Steve Van Andel (Van Andel's son) in the Office of the Chief Executive, extending the dual leadership structure first established by company co-founders Rich DeVos and Jay Van Andel, according to the press release.
Blakey explains that family members are drawn in to the business as a matter of right, with family members being given responsibilities that outweigh their capability. The basis for this assertion is with Amway itself. As an example, Blakey refers to the deposition testimony of Jay Van Andel's 2 children, David and Nan Van Andel, in the P&G lawsuit.
When deposed, they both held high positions with the company. Yet Blakey says, their testimony reflected a complete lack of knowledge and business experience. It was obvious that neither obtained their position on merit, nor would they have been permitted to continue in their position in an regular company. "Placing unqualified family members in high positions is also common in the Mafia," Blakey reports.
What About Other Amway Families?
Amway stresses that once you are involved, you are a member of the Amway family, and your upline and downline are part of your family. "Amway becomes a way of life for its participants, much like those involved with the Mafia," Blakey notes.
He describes how, "You are to "edify" or honor your upline, and "counsel" with them regularly," and claims, "The "upline" assume virtual "parental" control, and distributors are urged to "counsel" on all aspects of their life, including topics such as which car to buy or how to handle marital problems," Blakey wrote.
According to the report, distributors are even told how to dress. For example, "Wilson women" (those in the Don Wilson family) at functions do not show ankles, thighs or cleavage, he notes.
The absolute control is also evidenced by the Amway Distributors Association Board. At the time of Blakey's report, the Board consisted of 30 distributors who were elected. However, 15 were chosen off a list of nominees compiled by Amway. The Board is led by the Executive Committee which also includes family leaders, which all but guarantees that the family leaders, or their designees, will get elected and retain control of Amway.
Although the DeVos and Van Andel families control the corporation, Blakey says a 1996 Amway Corporate Culture Document shows there are at least 8 other lines of family sponsorship that control the distributors groups. Every participant is considered to be a member of a family, with one individual positioned at the top of a chain of command.
In 1998, the Dexter Yager family had the largest organization in North America, and the Bill Britt family was enormously comprised of over 149,000 distributorships.
However, it should be noted that Bill Britt has since been booted out of Amway and is under investigation for a host of scams. According to an August 12, 2004, letter from Robert FitzPatrick, President of Pyramid Scheme Alert, to North Carolina's Attorney General, requesting an investigation of the Bill Britt organization, "Last year, it was reported that Bill Britt was involved in what authorities consider perhaps the largest single financial fraud case in North Carolina history in terms of the amount of dollars that disappeared," the letter stated. The August 8, 2003 edition of The Triangle Business Journal reported that in spring, 2001 Bill Britt invested $5 million in a fraudulent investment scheme perpetrated by Cornerstone Management, a company under investigation and prosecution by the SEC since 1999, according to the letter.
At the time of the Blakey report, other "Amway families" included: the Childers (team of six Diamonds); the Stewarts; the Gooch family; the Bryans (Down East); the Wilsons (WOW); the Puryears (World Wide Dreambuilders); the Hays (International Connection); the Matz family ( International Diamond Association); the Dornans (Network 21); the Strehlis (Creative Life Styles); and the INA (International Networking Association), run by a group of seven families.
According to the report, each family is involved in the Amway business, in terms of using the Amway Sales and Marketing Plan, and is also involved in Business Support Materials (BSM), or "tools," which include books, tapes, and rallies, Blakey determined.
However, each family kingpin rules his own Amway distributor pyramid and his own tool pyramid. But even though these pyramids are all separate corporate entities, they all work together to promote the Sales and Marketing Plan and the tools business, the report found.
What Else Is Amway Hiding?
What else is Amway hiding? Most likely Blakey's assertion that "The Mafia uses "omerta" and violence for control," and "Amway has other methods, with similar effect."
Blakey claims, "Distributors must always honor their upline. No negative talk or action is permissible. A distributor who steps out of line is punished. ... serious offenders may be dealt with by having portions of their business taken away - e.g. they can no longer appear at rallies, or downline distributors are "re-routed." There are also reports of violence against those who attempt to take action against Amway, the report maintains.
(Part 2 of this article will discuss specific incidents of this "omerta" and violence and other information contained in the report that Amway fought so hard to keep hidden.)
* Alticor was announced in October 2000 as the parent company for Amway (direct selling), Quixtar (e-commerce); www.alticor.com.
By Evelyn Pringle e.pringle@sbcglobal.net Miamisburg, OH
About the Author
Evelyn Pringle is a columnist for Independent Media TV and an investigative journalist focused on exposing corporate and government corruption.
by Evelyn Pringle
Organized Crime Expert - Amway Just Like Mafia
Amway knew it was in trouble when the internet arrived and the details about the company's pyramid schemes began appearing online. A memo dated Dec 19, 1997, that surfaced in a lawsuit, contains the details of a voice message sent out to the Amway leadership, by then Vice President, Ken MacDonald, that reveals just how desperately Amway tried to control the flow of information on the internet.
MacDonald said ... "This message is on the internet ... we've hired consultants and been working very diligently on all of the secret computer language that helps the search engines pick a site and because of that we've moved the positive Amway sites quite a bit up in the web search engines, and some of the negative sites down. And lastly, that we are working to provide very soon, for all those who qualified Emeralds and above ... their own personal homepage so we will have tons of positive Amway information on the web," he said.
There is one particular document that the company has gone to great lengths to stop people from reading on the internet. In fact, on June 12, 1998, Amway went to court and got a Protective Order in attempt to keep this specific report hidden from public view.
Professor G Robert Blakey was retained as an expert witness for the plaintiffs in the 1998 Procter & Gamble v Amway lawsuit to render an opinion on Amway's business practices. He is one of the nation's foremost authorities on organized crime. Blakey was directly involved in drafting and implementing RICO-type legislation in 22 of the more than 30 states that enacted racketeering laws.
After studying Amway's business structure and functions, Blakey, wrote a damning report that stated: "It is my opinion that the Amway business is run in a manner that is parallel to that of major organized crime groups, in particular the Mafia. The structure and function of major organized crime groups, generally consisting of associated enterprises engaging in patterns of legal and illegal activity, was the prototype forming the basis for federal and state racketeering legislation that I have been involved in drafting. The same structure and function, with associated enterprises engaging in patterns of legal and illegal activity, is found in the Amway business."
For those not familiar with the RICO Act, it "was passed by ... Congress to enable persons financially injured by a pattern of criminal activity to seek redress through the state or federal courts," according to the Rico Act website. Amway has been sued hundreds of time under the RICO Act.
Blakey Report Outed
In the early spring of 2004, Amway became extremely upset when the full Blakey Report began appearing on the world wide web. The company's attorneys flew into action trying to suppress it.
Initially, they successfully used the protective order to force websites to remove the report. For example, on March 11, 2004, the MLM Survivor website reported that the Quixtar Blog had removed the Blakey Report from its servers and said "... according to the site owner, Amway's lawyers are frantically trying to find out who leaked. They assert the report is confidential, and covered by a protective order."
However, Amway was not as successful with getting it removed from other sites. MLM Survivor reported that company attorneys also contacted MLM, to demand that they remove the report from its website because it was sealed under a protective order.
Survivor's response to Amway was, "We can't remove what we don't have. MLM Survivor does not now, nor has it ever, had a copy of the report on its website. Link, yes. Copy, no," the website said.
This must be like deja vu to MLM. The website had already been hit with one SLAPPer lawsuit by Amway. SLAPP is the abbreviation for Strategic Lawsuits Against Public Participation. According to the First Amendment Center, "SLAPPers do not sue to achieve a litigation outcome; rather, they file to silence their opposition. Generally, the mere filing of the suit -- or just the threat of suit -- accomplishes that purpose;" www.firstamendmentcenter.org
However, it looks like the SLAPPer failed to obtain its objective with Survivor because the site is still alive and well on the internet. In fact, Survivor had this to say about the lawsuit. "I have to admit that I've been waiting for about six years (as long as this site has been in existence) for Amway/Quixtar/Alticor to slap me with a lawsuit for one trumped-up thing or another. I never expected my first-ever lawsuit to be such a farce," it said.
In another futile attempt to have the report removed from a site, on March 2, 2004, Amway Attorney Griffin, sent a letter with a copy of the court order, to a research professor by the name of David Touretzky. On March 21, 2004, he wrote back to Attorney Griffin and stated: My reading of this order leads to the following observations:
Paragraph 16 says that the terms of the order shall remain in force "to the extent that the information in such material is not or does not become known to the public..." Since I obtained my copy of the Blakey Report from a publicly accessible web page, the information clearly has become known to the public. The order therefore no longer applies to this document.
Paragraph 16 also says that the protective order is "binding upon all persons to whom confidential information is disclosed hereunder." The information was not disclosed to me under the terms of this order. I was never a party to this litigation, nor do I have any relationship of any kind with Amway, or Proctor & Gamble, or their respective attorneys, agents, or consultants. The protective order was never intended to apply to totally unrelated parties like me, or the news media, and it is not binding upon me now.
Touretzky's reasoning would apply to the copy of the report that I obtained as well. When I discovered my copy a while back, it was already published on a number sites. It is currently posted on just about every Amway website out there.
The entire report can be read on the www.merchantsofdeception.com website of Eric Scheileber, a former Amway Distributor, who wrote the book, Merchants of Deception, that prompted the current FBI investigation of Amway, and an expose by NBC's Dateline. (The book discloses Amway's close ties to the Republican party and both Bush administrations and can be downloaded free, for a limited time, on the website)
Why Was Amway So Worried?
Why was Amway so worried about people reading the report? Probably because it very specifically explains how the Amway Corporation's family-business structure is just like the mafia. According to Blakey, Amway has a family structure nearly identical to those found in organized crime.
The company has remained a privately held company since it was founded by Jay Van Andel and Rich DeVos in 1959, Blakey notes. But control of the corporation has now shifted to the sons of the founders, Richard DeVos, Jr and Steve Van Andel, he says.
The report also describes the Amway pyramid schemes. "The Amway Corporation primarily provides the various products and services that serve as a backdrop for the pyramid-type recruitment and motivational schemes undertaken in the Amway business."
As evidence of the mafia-like family structure, the report points out that Amway's Policy Board consists of family members Richard DeVos, Sr, Steve Van Andel, Richard DeVos, Jr, Jay Van Andel, Cheri DeVos Vander Weide, Dave Van Andel, Doug DeVos, Nan Van Andel, Dan DeVos and Barb Van Andel Gaby.
On June 7, 2002, the shift of control in authority that Blakey mentioned in 1998, was further confirmed by a press release that announced that Doug DeVos would become president of Amway's parent company, Alticor,* after the retirement of Rich DeVos.
Upon taking office, Doug DeVos, in true mafia lingo, was quoted as saying: "It's humbling to be asked to step into a job that has been done so well for the past 43 years, first by my dad and then by my brother."
Further confirmation of the control being passed down, was the fact that Doug DeVos joined Chairman Steve Van Andel (Van Andel's son) in the Office of the Chief Executive, extending the dual leadership structure first established by company co-founders Rich DeVos and Jay Van Andel, according to the press release.
Blakey explains that family members are drawn in to the business as a matter of right, with family members being given responsibilities that outweigh their capability. The basis for this assertion is with Amway itself. As an example, Blakey refers to the deposition testimony of Jay Van Andel's 2 children, David and Nan Van Andel, in the P&G lawsuit.
When deposed, they both held high positions with the company. Yet Blakey says, their testimony reflected a complete lack of knowledge and business experience. It was obvious that neither obtained their position on merit, nor would they have been permitted to continue in their position in an regular company. "Placing unqualified family members in high positions is also common in the Mafia," Blakey reports.
What About Other Amway Families?
Amway stresses that once you are involved, you are a member of the Amway family, and your upline and downline are part of your family. "Amway becomes a way of life for its participants, much like those involved with the Mafia," Blakey notes.
He describes how, "You are to "edify" or honor your upline, and "counsel" with them regularly," and claims, "The "upline" assume virtual "parental" control, and distributors are urged to "counsel" on all aspects of their life, including topics such as which car to buy or how to handle marital problems," Blakey wrote.
According to the report, distributors are even told how to dress. For example, "Wilson women" (those in the Don Wilson family) at functions do not show ankles, thighs or cleavage, he notes.
The absolute control is also evidenced by the Amway Distributors Association Board. At the time of Blakey's report, the Board consisted of 30 distributors who were elected. However, 15 were chosen off a list of nominees compiled by Amway. The Board is led by the Executive Committee which also includes family leaders, which all but guarantees that the family leaders, or their designees, will get elected and retain control of Amway.
Although the DeVos and Van Andel families control the corporation, Blakey says a 1996 Amway Corporate Culture Document shows there are at least 8 other lines of family sponsorship that control the distributors groups. Every participant is considered to be a member of a family, with one individual positioned at the top of a chain of command.
In 1998, the Dexter Yager family had the largest organization in North America, and the Bill Britt family was enormously comprised of over 149,000 distributorships.
However, it should be noted that Bill Britt has since been booted out of Amway and is under investigation for a host of scams. According to an August 12, 2004, letter from Robert FitzPatrick, President of Pyramid Scheme Alert, to North Carolina's Attorney General, requesting an investigation of the Bill Britt organization, "Last year, it was reported that Bill Britt was involved in what authorities consider perhaps the largest single financial fraud case in North Carolina history in terms of the amount of dollars that disappeared," the letter stated. The August 8, 2003 edition of The Triangle Business Journal reported that in spring, 2001 Bill Britt invested $5 million in a fraudulent investment scheme perpetrated by Cornerstone Management, a company under investigation and prosecution by the SEC since 1999, according to the letter.
At the time of the Blakey report, other "Amway families" included: the Childers (team of six Diamonds); the Stewarts; the Gooch family; the Bryans (Down East); the Wilsons (WOW); the Puryears (World Wide Dreambuilders); the Hays (International Connection); the Matz family ( International Diamond Association); the Dornans (Network 21); the Strehlis (Creative Life Styles); and the INA (International Networking Association), run by a group of seven families.
According to the report, each family is involved in the Amway business, in terms of using the Amway Sales and Marketing Plan, and is also involved in Business Support Materials (BSM), or "tools," which include books, tapes, and rallies, Blakey determined.
However, each family kingpin rules his own Amway distributor pyramid and his own tool pyramid. But even though these pyramids are all separate corporate entities, they all work together to promote the Sales and Marketing Plan and the tools business, the report found.
What Else Is Amway Hiding?
What else is Amway hiding? Most likely Blakey's assertion that "The Mafia uses "omerta" and violence for control," and "Amway has other methods, with similar effect."
Blakey claims, "Distributors must always honor their upline. No negative talk or action is permissible. A distributor who steps out of line is punished. ... serious offenders may be dealt with by having portions of their business taken away - e.g. they can no longer appear at rallies, or downline distributors are "re-routed." There are also reports of violence against those who attempt to take action against Amway, the report maintains.
(Part 2 of this article will discuss specific incidents of this "omerta" and violence and other information contained in the report that Amway fought so hard to keep hidden.)
* Alticor was announced in October 2000 as the parent company for Amway (direct selling), Quixtar (e-commerce); www.alticor.com.
By Evelyn Pringle e.pringle@sbcglobal.net Miamisburg, OH
About the Author
Evelyn Pringle is a columnist for Independent Media TV and an investigative journalist focused on exposing corporate and government corruption.
The Legal Aspect of a Risk Profile and Response
The Legal Aspect of a Risk Profile and Response
by Richard A. Hall
With new and intense challenges seen in Corporate America, more and more companies are turning to the assistance of lawyers to create a risk profile and provide guidance on response. In fact, this issue has become so serious that in the past few years, governmental expectations for better governance have been strongly encouraged, specifically in the area of planning and delivery.
The development of a risk profile is one of the first steps a company should consider, examining both strategy and operational factors. Having a systematic plan in place for managing operational, strategic, and project risk is essential to the success of any business, regardless of size or industry. While using legal support for the creation of a risk profile offers a number of benefits, the primary objectives include achieving corporate objectives, enhancing performance, and reducing risk.
Although company executives could take a stab at creating a risk profile and appropriate response, a legal team can help by establishing definitive and precise action specific to the company and current laws. Federal, local and even industry regulations and laws change frequently making it difficult and cumbersome for a non-legal person to identify all the potential risks. A professional team will have the ability to take a high-level view of the company to identify potential problem areas that might not otherwise be considered.
Typically, if using outside counsel, the firm would start by working with internal personnel to gain a better understanding of the company, as well as its processes, technologies, and techniques. From there, a legal aspect would be considered to define a framework for a comprehensive, risk profile. The focus of the profile would depend on a number of things although areas such as risk management, finances, and legal are at the top of the list. Then, the company would need to have a dedicated team in place internally to implement and manage the risk profile and response.
You could think of a risk profile as a snapshot of the key areas and risks of an organization, coupled with broader areas such as business development, operations, and overall strategic goals. It is critical to understand not only the specific risk factors but the response associated with those risks and how they impact the organization. Using a legal team to help manage risk does not happen in a vacuum without the input of key stakeholders. The executive team and other stakeholders have a responsibility to ensure that the risk response is aligned with the overall objectives of the company. Legal must be kept apprised of the key business objectives to ensure that the risk profile and response reflect what is critical to the organization.
For instance, some companies will get themselves into trouble by missing time-sensitive responses and/or actions, which might include late delivery, tax penalties, going over budget, or a number of things pertaining to the business. Using a risk profile gives management a heads up on the most critical areas to watch for so nothing is missed. In addition, an attorney can assist management in response, teaching them and providing legal advice on the right way to respond should a problem or concern arise.
The legal team should have the capability of working with internal personnel to identify and successfully manage key risks, develop a solid risk profile, and integrate this profile with the overall business plan. Risk management requires comprehensive communication, internal support from the top down and a combined commitment to achieving results. In this way Legal truly becomes a key part of the overall support team that helps your business obtain the desired results.
About the Author
Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database.
by Richard A. Hall
With new and intense challenges seen in Corporate America, more and more companies are turning to the assistance of lawyers to create a risk profile and provide guidance on response. In fact, this issue has become so serious that in the past few years, governmental expectations for better governance have been strongly encouraged, specifically in the area of planning and delivery.
The development of a risk profile is one of the first steps a company should consider, examining both strategy and operational factors. Having a systematic plan in place for managing operational, strategic, and project risk is essential to the success of any business, regardless of size or industry. While using legal support for the creation of a risk profile offers a number of benefits, the primary objectives include achieving corporate objectives, enhancing performance, and reducing risk.
Although company executives could take a stab at creating a risk profile and appropriate response, a legal team can help by establishing definitive and precise action specific to the company and current laws. Federal, local and even industry regulations and laws change frequently making it difficult and cumbersome for a non-legal person to identify all the potential risks. A professional team will have the ability to take a high-level view of the company to identify potential problem areas that might not otherwise be considered.
Typically, if using outside counsel, the firm would start by working with internal personnel to gain a better understanding of the company, as well as its processes, technologies, and techniques. From there, a legal aspect would be considered to define a framework for a comprehensive, risk profile. The focus of the profile would depend on a number of things although areas such as risk management, finances, and legal are at the top of the list. Then, the company would need to have a dedicated team in place internally to implement and manage the risk profile and response.
You could think of a risk profile as a snapshot of the key areas and risks of an organization, coupled with broader areas such as business development, operations, and overall strategic goals. It is critical to understand not only the specific risk factors but the response associated with those risks and how they impact the organization. Using a legal team to help manage risk does not happen in a vacuum without the input of key stakeholders. The executive team and other stakeholders have a responsibility to ensure that the risk response is aligned with the overall objectives of the company. Legal must be kept apprised of the key business objectives to ensure that the risk profile and response reflect what is critical to the organization.
For instance, some companies will get themselves into trouble by missing time-sensitive responses and/or actions, which might include late delivery, tax penalties, going over budget, or a number of things pertaining to the business. Using a risk profile gives management a heads up on the most critical areas to watch for so nothing is missed. In addition, an attorney can assist management in response, teaching them and providing legal advice on the right way to respond should a problem or concern arise.
The legal team should have the capability of working with internal personnel to identify and successfully manage key risks, develop a solid risk profile, and integrate this profile with the overall business plan. Risk management requires comprehensive communication, internal support from the top down and a combined commitment to achieving results. In this way Legal truly becomes a key part of the overall support team that helps your business obtain the desired results.
About the Author
Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database.
Subscribe to:
Comments (Atom)