Friday, April 20, 2007

Should Lawyers use Metadata?

Should Lawyers use Metadata?
by Michael Goldstein


I use Microsoft Word, Outlook, Excel and many other office programs. Do you use the same? What many of us to not know is that in each email and office file we create, we are also creating a hidden trail of data about our documents. These programs automatically save information such as who worked on the document, when and for how long was the document open, who printed the document, when was it printed and from what work station. In addition to personally identifying information, is private comments used for intra office use as well as a trail of all content that was deleted from a document. For those of us who are in the know, it is not difficult at all to retrieve some if not all of this information from every document that is sent to us. The question clearly beckons, should lawyers review metadata in documents? Is reviewing this data ethical, when the author of such data likely had no idea they were creating it?

Metadata by its definition is simply, data about data. It can contain all sort of identifying information. One of the easiest ways for metadata to be left in a document is for the comments section to leave the comments feature turned on. Similarly, if you leave track changes turned on, the receiving attorney can not only read confidential comments that were meant to be intra-office or privileged communications between he attorney and client, but also the attorney can see what content was deleted from the document.

In a recent American Bar Association opinion by its ethics committee, reviewing issues such as metadata sent to lawyers, the committee stated that reviewing metadata meets with the professional responsibility guidelines. 06-442 (August 5, 2006). The committee did add the footnote, "This opinion assumes that the receiving lawyer did not obtain the electronic documents in a manner that was criminal, fraudulent, deceitful, or otherwise improper, for example, by making a false statement of material fact to opposing counsel or to any other third person (Model Rule 4.1(a)), using a method of obtaining evidence that violated the legal rights of a third person (Model Rule 4.4(a)), or otherwise engaging in misconduct (Model Rule 8.4). Such scenarios are beyond the scope of this opinion."

Perhaps even more interesting than the opinion itself, the committee stated that there is no specific language in the ABA Model Rules of Professional Conduct that would forbid an attorney from reviewing the metadata in electronic documents. The ABA Model Rules of Professional Conduct Rule 4.4(b) reads: "A lawyer who receives a document relating to the representation of the lawyer's client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender." However, when an attorney receives a document that they requested, and the opposing counsel is negligent in removing or redacting information, it is not the job of the receiving attorney to censor what they read.

Is it negligent for an attorney to send an electronic document such as a Microsoft word document or archived email file without first scrubbing it for metadata? This question beckons an analysis of whether even in today's technologically savvy business and legal environment, the reasonable attorney is aware of metadata and how it can possibly breach privilege by sending confidential comments, or reviling trade secrets, in addition to arming the opposing the counsel with great evidence for a deposition and cross examination.

Does the attorney have a duty to scrub the file and does that duty extend to files sent to the attorney by the client to hold similar to an escrow agent holding funds? If there is a duty does simply sending a file breach that duty? Even if a breach occurred is there an injury to the attorney's client and was the damage proximately caused by the breach where the attorney sent the document?

It is my contention that too much has been written on the existence of metadata in the past couple of years for someone to not know of its existence. Yet, to understand how to clear out metadata, or even all of the specific details it contains may fall outside the scope of what a reasonable attorney might know. As such, I would suggest that it is fair to review metadata, but at the same time, I believe it is also fair that you must inform the sender of their mistake.


About the Author
Should Lawyers use Metadata was written by Michael Goldstein for the Law Office of Goldstein and Clegg, a Massachusetts civil litigation law firm.

Tuesday, April 17, 2007

America's Next Top Model Designer Charged With Sexual Assault

America's Next Top Model Designer Charged With Sexual Assault
by Groshan Fabiola


Last week, fashion designer Anand Jon was charged with six felonies by the Los Angeles County District Attorney's office. He faces complaints regarding vulgar acts on a minor and rape of multiple victims he allegedly committed between October 2004 and March 5, 2007.

Jon, a 33-year old Indian-born fashion designer, has made numerous appearances on the reality show America's Next Top Model. Known for embracing modern technology in his designs, he has uniquely established himself as a much-admired designer to a number of celebrities and infamous icons like Paris Hilton, Princess Olivia de Burbon, Gloria Estefan, Alanis Morissette, Janet Jackson, Mary J Blige, Michelle Rodriguez, Tara Reid and The Al Saud Royal Family just to name a few.

His frequent participation on the show America's Next Top Model has added positive exposure to the well-established designer. However with the charges he is currently faced with, no amount of America's Next Top Model publicity can absolve him from the noise surrounding his accusations. If proven guilty, Jon could be convicted for life. His bail has been fixed at $1.3 million.

In addition, sexual charges are not the only buzzing news following fashion designer. Apparently, his eligibility to work in the United States is also in question. Even though his lawyer maintains that he came to the US with a professional work visa, people from Immigration have already included Jon in their watch list.

And despite the formal complaint against him, he remains firm with his denial, asserting his firm respect for women. In fact, his attorney explained that Jon is in a difficult position having been surrounded by numerous women who aspires to make it big in the industry. He also stresses the high probability of these women making "false allegations" against his client. His first court date is scheduled on April 4, 2007.


About the Author
For more info about America's Next Top Model and especially about America's Next Top Model Designer Charged With Sexual Assault please review http://www.buddytv.com

Sunday, April 15, 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.

Saturday, April 14, 2007

Survivor Lawyer in Trouble with the Law?

Survivor Lawyer in Trouble with the Law?
by Groshan Fabiola


Angarita, a 28-year old attorney, was born on April 20, 1978 in South America. He came to the United States to study at the University of California where he acquired his Bachelor of Arts degree. Eventually, he attended Harvard School of Law where he got his Juris Doctor Degree. He was also a member of the Harvard Boxing Club where he honed his interest in boxing, as well as other sports activities like running, yoga, basketball and weightlifting. Prior to his becoming an attorney, he worked as a tutor, and an operations director. He currently resides in Los Angeles, California, and works as a freelance lawyer. In the future, he aspires to put up his own educational consulting company.

According to the complaint, Angarita "used threats and violence to deter and prevent" officers from doing their jobs. His misconduct was apparently an upshot of his dispute with his girlfriend after a Survivor viewing party, which now translates to charges with two counts of offenses of resisting arrest, one felony count of battery with injury to an officer and an offense for possession of marijuana.

In TV world, Angarita remains as one of Moto tribe's strongest players on Survivor, able to control and lead in certain situations. But in real life, his chances of survival in court appear to be slim. He is scheduled to return to the Los Angeles County Superior Court on Wednesday, March 14, 2007. Will Angarita be able to remain in the game? Stay glued and catch Survivor: Fiji on Thursdays at 8:00 PM on ET/PT on the CBS network.


About the Author
For more information about Survivor and especially about Survivor Lawyer in Trouble with the Law? or more related subjects please click http://www.buddytv.com

Friday, April 13, 2007

America's Next Top Model Designer Charged With Sexual Assault

America's Next Top Model Designer Charged With Sexual Assault
by Groshan Fabiola


Last week, fashion designer Anand Jon was charged with six felonies by the Los Angeles County District Attorney's office. He faces complaints regarding vulgar acts on a minor and rape of multiple victims he allegedly committed between October 2004 and March 5, 2007.

Jon, a 33-year old Indian-born fashion designer, has made numerous appearances on the reality show America's Next Top Model. Known for embracing modern technology in his designs, he has uniquely established himself as a much-admired designer to a number of celebrities and infamous icons like Paris Hilton, Princess Olivia de Burbon, Gloria Estefan, Alanis Morissette, Janet Jackson, Mary J Blige, Michelle Rodriguez, Tara Reid and The Al Saud Royal Family just to name a few.

His frequent participation on the show America's Next Top Model has added positive exposure to the well-established designer. However with the charges he is currently faced with, no amount of America's Next Top Model publicity can absolve him from the noise surrounding his accusations. If proven guilty, Jon could be convicted for life. His bail has been fixed at $1.3 million.

In addition, sexual charges are not the only buzzing news following fashion designer. Apparently, his eligibility to work in the United States is also in question. Even though his lawyer maintains that he came to the US with a professional work visa, people from Immigration have already included Jon in their watch list.

And despite the formal complaint against him, he remains firm with his denial, asserting his firm respect for women. In fact, his attorney explained that Jon is in a difficult position having been surrounded by numerous women who aspires to make it big in the industry. He also stresses the high probability of these women making "false allegations" against his client. His first court date is scheduled on April 4, 2007.


About the Author
For more info about America's Next Top Model and especially about America's Next Top Model Designer Charged With Sexual Assault please review http://www.buddytv.com

Tuesday, April 10, 2007

Expert Legal Help From True Lawyers

Expert Legal Help From True Lawyers
by Timothy Maler


Have you ever imagined what will happen if you are sued or an arrest warrant is issued against you? The first thing that would come to your mind is to hire a lawyer, who shall provide the legal help. Often we come across situations where we find ourselves engulfed into legal matters. At these situations the best possible thing we can do is to find an attorney to cope with the trouble. The best place to find an attorney, among the various sources, is the attorney directory. Here the lawyers and attorneys are listed as per their specialization in different legal issues like registration, consumer protection, child custody, divorce etc. So whether you have any complain against a product, you want to file a divorce, or there is an arrest warrant for you, you can always seek Legal help from the true lawyers.

In our everyday life, we often come in close interaction with law and being a good citizen we must abide by the law of the state we live in. But sometimes we get a brush with the law like we get sued or sacked for no apparent reason. In the world of web you have ready access to any Lawyer Directory or Attorney Directory and when you feel the need for an attorney now you can just click one of these directories to find true lawyers and attorneys. Many lawyers are registered members of these online Lawyers directory and attorney directory, thereby providing us the most authentic and complete legal help.

The true lawyers apply the legal theories and knowledge to solve legal disputes and advance the interest of their clients who seek legal help. There are matters like registration and parking summons for vehicle owners and we need not always seek help from an attorney in such cases; we can always depend on self-help. But if the things go worse you must ask an attorney for legal help regarding the legal aspects of these issues. Sometimes it may happen that we have many ways to resolve a legal issue or that we are in jeopardy about what to do in a particular legal turmoil. In such a situation we can ask a lawyer about our queries on the specific legal issues or can hire a lawyer to present our case in the court. Entrepreneurs and businessmen usually prefer to ask an attorney regarding the intricacies of a legal issue before arriving at any legal decision.

For entrepreneurs and businessmen, legal help can be sought in matters related to estate planning, partnership deeds, financial agreements and business negotiations and transactions. Having wide knowledge about the law of the land and regular interaction with various legal issues, the true lawyers are the best professionals who can give expert advice to their clients and advance the interest of the clients. Professional legal help from the true lawyers can help us make the best benefit out of the rules and regulations imposed by the government.

Being a country comprising of fifty states, United States has a complicated legal system as all the fifty states have their own constitutions other than the common constitution of the nation. There are several laws that differ in different states, and it is not possible for a common man to know and understand all these law properly. For this reason we seek legal help from the true lawyers and attorneys whom we can find from the attorney directory or lawyers directory.

The directories help us to find an attorney from the state where we have faced the legal issues. Not every lawyers in a state deal with all legal issues; many of them specialize in different subjects like administration, transportation, tax, wills and probate, adoption, divorce, business laws etc. If we have some legal issues dealing with transportation law there is no point in going to an attorney who specializes in administrative laws or to ask an attorney specializing in divorce cases for the legal help. For this the Attorney directories provide a list of specialized lawyers who can be helpful for us in resolving the legal issues we have. After we find an attorney suitable for our job we can contact them and let the lawyer know about the legal issue. In the later stage we can ask an attorney to give expert opinion in this matter and with them we can even have the benefit of Attorney Referral service.

If the lawyer dealing with the legal issues feels that his or her opinion must be seconded by another attorney or that he or she is unable to find a solution for the legal issue, he or she may go for an attorney referral, i.e. they will refer another attorney to deal with the case. Generally the referred attorneys are very experienced and can provide the specific legal help. When the matter is related to tax planning, estate planning, drafting will or trust, business negotiations or personal matters like divorce or adoption, what is sought most is the legal help from the true lawyers.

When we feel that our reputation, finance or job is at the stake, we cannot help but find an attorney to provide us with the required legal help that will be beneficial to resolve those legal issues. With the online Attorney directory, an attorney can expect to be consulted 24 hours a day and seven days a week by the common people seeking legal help. This will add to the reputation of the lawyers. By registering in any lawyers directory the lawyers can expand their client base significantly. They can take the benefit of online chat to stay in touch with the client all the time to provide them with the necessary legal help. Also the clients can get in touch with a lawyer instantly if they feel that they need an attorney now.

All of us can have a close interaction with the law at any point of time. It is therefore necessary to know something about the law. When we are empowered with the law we can deal with many legal issues by ourselves. But if we feel that we really need legal help we can always bank on the true lawyers.


About the Author
We are a community of consumers and attorneys who meet on True Lawyers to share information about legal issues, or contacts at support@truelawyers.com

Tuesday, April 3, 2007

Divorce: Heed The Warnings!

Divorce: Heed The Warnings!
by Teri Plaxton


In today's society, divorce is more the norm than ever before. Uttering the words "I just didn't see it coming." is a usual phrase from people getting divorce, mainly because they prefer to not take the signs more seriously and just let things be. There are signs that show the couples are heading for a divorce, and knowing them may help in preventing, or easing the pain of the process. Since communication breakdown is often a glaring sign on the road to Splitsville, it isn't surprising that one partner in a relationship is often caught off guard by the dreaded delivery of divorce papers. Below are seven warning signs of a marriage going sour.

1. The Stranger Beside You. Do you and your partner spend hours together under the same roof, at social engagements or performing routine errands, yet rarely engage in meaningful conversation? Existing in silence is a primary symptom of major marital problems.

2. Under a Microscope? Do you feel like your every action is being watched and criticized by your partner? Can you do no right in their eyes? Too often partners will funnel larger relationship issues into negative criticism of day-to-day tasks.

3. Heard It Through the Grapevine. Has your major source of information about your partner - their career, problems and personal achievements - become mutual friends and overheard phone conversations? When you start becoming "the last to know," communication needs to happen.

4. What's That Smell? Over time, your comfort level will inevitably end that desire to look "perfect" for every encounter with your partner. However, a drastic decline in personal appearance and hygiene by your spouse could be a sign of surrender.

5. Infomercials and Baywatch Reruns. If the buzz of your household's television becomes constant, there may be a problem. It is common for individuals to overwhelm themselves with distractions (television, books, model-building in the basement) to avoid dealing with a troubled marriage.

6. Drama Without Purpose? Do you feel like a Broadway actor giving the same performance eight times a week? If your arguments become routine with all the same issues and no resolution, then your marriage is either standing still or dying fast. You may need the assistance of a professional counselor to help direct these conversations.

7. 1-900-HELP-ME. Is the physical intimacy in your relationship so far gone that calling up a party line seems like it would be worth $20 a minute? A significant decline in physical affection is one of the most recognized symptoms of a flailing relationship.

* If the scenarios in this article seem all too familiar, there are several things to keep in mind when dealing with these issues and making decisions about marriage or divorce:

* Marriages rarely fix themselves. Don't walk on eggshells, afraid to bring up sensitive issues. If your relationship is on the rocks and you aren't moving toward either a solution or dissolution, then you aren't actively managing the process and need to take a more proactive role.

* Don't be afraid to rely on professionals. Marriage counselors, couples retreats and communication workshops are great first steps to reviving a relationship and building a stronger, more balanced partnership.

* If divorce seems inevitable, start preparing. If your instinct says your relationship won't last, be proactive: have an initial consultation with a lawyer and make copies of important financial and legal documents.

Recently, there has been a growing number of divorces across America and there seems to be many misunderstandings of the causes and effects of these family breakups. Several recent studies have tried to identify the causes of this trend and evaluate the results. While the findings of these studies have not been completely proven, they still have corrected a lot of the faulty information from past research that has been generally accepted as true.


About the Author
Do you want to find out the secrets of which dating sites are the best? Or maybe you would like to know the most effective, cheapest and easiest way of using them to work for you to find a gorgeous partner online? If so, then you must read some of the hundreds of free articles available at her blog at http://www.pandadatingsites.com/info .

Monday, April 2, 2007

The Secrets of Having a Successful Personal Injury Claim

The Secrets of Having a Successful Personal Injury Claim
by rainier policarpio


In any manner, a number of us have been engaged in accidents which cause us to suffer slight or serious personal injuries. Whether it is brought out by our own fault or other party's misconduct, injuries or impairments still cause us to suffer much. However, on the latter case, it is highly-recommendable to file a personal injury claim against the unruly party to compensate whatever damages you have incurred.

The Personal Injury law, or the Tort Law, covers all the items which can be associated with personal injury cases. It also states all the possible sanctions which the accused may suffer including the financial damages that he may be obliged to pay to the victim. This law aims to aid the poor victims in their monetary needs such as paying for their hospital bills and sustaining their families' daily basic necessities. Also, some torts can be included in criminal offenses that put a guilty party in jail. Otherwise, it is still necessary for the victims to pursue a case in the court to get it started. But, in doing this one should first know the basics of the Tort Law and strictly follow the proceedings of the case in order to bring quite a superior result in his legal battle.

Primarily, an individual should take in to account the three bases of the personal injury case before filing a petition. In most of its occurrence, the accident can be attributed to Negligence which explains that the defendant has to take the responsibility on whatever effects his failure of exercising his duties may inflict to the victims. Moreover, these incidents may also be connected to Intentional Wrong which means that an individual who will be proven of knowing the probable consequences of his actions but still choose to pursue it and cause injuries to people, is might as well be culpable of violating the law. The very last is Strict Liability which is applicable to those cases where the violator manufactured substandard or defective products which later cause injuries and impairments to those people who utilize it. These torts are the mere point of arguments in a personal injury lawsuit. That is why an individual must first determine what among these three torts is applicable to his case in order for him not to be lost in the process of his filing the claim.

Another thing is, like any other criminal court case, the petitioner is given the free will, under the law, to seek legal assistance coming from a respectable and duly qualified personal injury lawyer to help him out in his endeavor of pursuing the legal battle. This right will certainly boost the chances of the victims in obtaining success and in acquiring the largest possible financial damages in the shortest time. To add, a legal representation will probably ease the burden of these victims from undertaking the complicated procedures, thus, giving them much quality time to spend with their families and friends.

Finally, the actualization of one's rights and the adherence to strict safety precautions is still much better than being engaged in this unpleasant situation. In whatever activities we execute, we must put in mind that prevention is much better than cure.

Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.


About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.