July 19th, 2009 at 01:58pm
Under Tort Law
DUTY OF CARE IN TORTS LAW, LIABILITY, FORESEEABILITY OF NEGLIGENCE, RECKLESSNESS, NUISANCE(Based on author’s site www.geocities.com/dtycre)
Duty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care as is due in such ‘acts or omissions which you can reasonably foresee would be likely to injure persons so directly affected that you ought reasonably to have them in contemplation’ and Caparo Industries -v- Dickman 1990 referred also to situations in which it would be fair, just, and reasonable to impose.
This duty is owed to one in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, but not to a mother for shock nor for miscarriage to one who was to be who the driver and the rider could not to have known that were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; or to one in legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, but not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; or to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that would be affected’ ~it can be owed for financial loss in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not made clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.
The harm, additionally, if reasonably foreseeable is -Fardon -v- Harcourt 1932, negligence may entitle to damages, even punitive, Rookes -v- Bernard 1964, although if contemptuously claimed to as little as the smallest coin of the realm, e.g., without costs and nominal in Constantine -v- Imperial London Hotels 1944.
Circumstances in which a duty of care can be breached, except in the case of specific torts such as libel or trespass -or under the Rylands -v- Fletcher rule where lawfully but at one’s own peril is made any unnatural use of land and excluding cases of immunity and circumstances where a statutory duty properly exercised infringes a right -such as the disturbance caused by the noise of aircraft taking of or landing – but not if improperly exercised: Fisher -v- Ruislip-Northwood UDC 1945, such circumstances may be even when a risk is know and not objected to: Smith -v- Charles Baker & Son 1891, indeed where a risk is known and has been consented to: Bowater -v- Rowley Regis Corp. 1944 ~even if there is contributory negligence: Stapley -v- Gypsum Mines Ltd 1953 -indeed even if despite instructions.
The standard is that of the ‘reasonable man’; if injury was risked: Bolton -v- Stone 1951 ~6 times in 30 years meant not and the degree of the risk is proportional to the degree of care required; the seriousness of the injury risked too is proportional the degree of care necessary: Paris -v- Stepney BC 1951 -more so to employee blind in one eye, and not the amount but the type of the injury on the basis of: British Railways Board. -v- Herrington 1972; a social value whether justified the risk: in Fisher failure was not justified in war-time black-out to put up shaded lights to avoid public nuisance to a cyclist, in Watt -v- Hertfordshire CC 1954 getting the wrong vehicle on the scene of accident was justified by the valuable time that would have been lost in getting there help; the cost-benefit consideration: in Latimer -v- AEC 1953 to have done more than reasonable would have made the risk too remote in comparison -except if there is a statutory duty such as under the Health & Safety Acts; that standard in the case of an expert’s negligence is, instead -Latimer, of a ‘reasonable expert’.
The link between the breach of duty and the resultant damage must be shown to exist as a matter of fact or a matter of law. The former is subject to the ‘but for’ rule: in Barnett -v- Chelsea etc. Hospital etc. 1968 breach by the failure of the doctor to call was not the caused of death, McWilliams -v- Sir Arrol 1962 failed because the safety-belt would not have been worn if supplied, in Cutler -v- Vauxhall motors 1971 the operation on a graze had already been ordered for an ulcer on the site of it and was a pre-existing condition; but, is not broken a causative link by a consecutive cause and did not lessen a subsequent injury the original factors in Baker -v- Willoughby 1970, nor necessarily disentitle multiple causes when on a balance of probabilities the link considerably was the reason: McGhee -v- National Coal Board 1973; where the harm or part of it is from a third party’s breach the ‘but for’ rule still applies to whether he type of injury could have been seen: Hogan -v Betinck Colliers 1949.
The latter only applies if the breach is not too remote, and it was not in Wieland -v- Cyril Lord Carpets 1969 that the fall elsewhere and later had resulted from the necessity to discard bi-focal glasses caused by the driver’s negligence; the special sensitivity of the claimant did not matter -’egg-shell skull’ rule: Robinson -v- Post Office 1974 -’one must take the victim as he finds him’; in The Wagonmound 1961 at the time of the breach that oil spilled could burn on sea-water could not reasonably, and in Doughty -v- Turner Mfg. 1964 because of the state of knowledge, have been foreseen; but in Bradford -v- Robinson Rentals 1967 the frostbite was because of providing a van without a heater.
The claimant’s proof can move to the defendant: Steer -v- Durable Rubber 1956; at least some evidence is necessary of negligence even if ‘facts speak for themselves’ -they can not if the claimant can not say what happened: Wakelin -v- LSWR 1886, negligence can be inferred from absence of explanation by defendant, for any by claimant by Law Reform (Contributory Negligence) Act 1945 proportionate reduction is made. Laws are subject to change, always ascertain current law.The author has a website at: www.geocities.com/eoa_uk
By Law Article
July 19th, 2009 at 01:06pm
Under Labor Law
If you are considering setting up a company in the People’s Republic of China (the “PRC”) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.
The Bad News:
Severance Pay
Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.
Company Rules/Employee Handbooks
No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).
A Shorter Probationary Period
Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for “senior technical work”, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.
Non-Competition Clauses
Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s “wild west” business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer “buy” a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.
Contract Interpretation
Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.
Representative Offices
The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.
In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like “technical”, “senior technical”; and “personal interest” However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of “implementing regulations” to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.
David A. Carnes is a California attorney currently working as a legal advisor for California Industrial City (Zhengzhou) Development Co., Ltd. in Zhengzhou, China. His website is
Start a Company in China.
By Law Article
July 19th, 2009 at 11:38am
Under Administrative Law
In Thailand, Bankruptcy Laws form part of the Commercial Law. Thai bankruptcy law is devised in such a way not only to help debtors to distribute their property but also to help them in rehabilitating via several reorganization provisions.
In other words, the Bankruptcy Law includes the Bankruptcy Act for Business Rehabilitation. The Business Rehabilitation Law was introduced in 1999 as Chapter 90 of the Thai Bankruptcy Law BE 2483. The main purpose of the Business Rehabilitation law is to assist a debtor facing liquidity problem by giving him an opportunity for rehabilitation before being insolvent.
The procedures in connection with rehabilitation are usually commenced by an eligible petitioner by filing a petition with a provincial or a civil court as per the domicile of the debtor. However, petition for business rehabilitation could be filed only if the debtor’s overall debt comes to an amount that exceed Baht ten million. Likewise, In order to file a petition for business rehabilitation, certain legal and perquisites must be complied with such as:
- The names and addresses of creditors must be specified to whom the debtor owes in total at least an amount of Baht ten million
- Specify reasonable methods in order to rehabilitate business functions
- Proposed planner’s name as well as qualification
- Planner’s consent
- In case the petitioner is debtor, then details regarding assets and liabilities must be given
- Consent of authorities which is applicable as mentioned below :
1.In case the debtor is commercial bank or finance company, then the consent of the Bank of Thailand
2.In case the debtor is a securities company, then the consent of the Office of the Securities and Exchange Commission
3.In case the debtor is a file insurance company or a casualty insurance company, then the consent must be of the Insurance Department
On filing the petition as per the above grounds, the liquidator will start the case once when he confirms and proves that the debtor’s assets could not pay off liabilities. The court’s concern with regard to the business rehabilitation is mostly on the basis of debtor’s balance sheet as well as accounting documents and liquidator’s power of arguments. Discussed further in detail in this article are procedures with regard to business rehabilitation.
According to the Article 90 of the Bankruptcy Act, once the petition for business rehabilitation is accepted, a planner is appointed, who in turn possesses duties and powers to manage the debtor’s business as well as assets. In case, a planner is appointed, then the debtor executive’s power in administering the business and assets would cease. In such a situation, until the appointment of a planner, the court will employ one or more persons or sometimes the debtor’s executive for a temporary period to deal with the debtor’s business and assets under the administration of the receiver.
During this interim period, the receiver has complete right to administer interim executives and to order them to prepare explanation regarding the account details as well as anything pertaining to the management of business and assets. The interim executives would be relieved from the powers of receiver by the court when the receiver makes a motion.
In such situations, the court would employ new provisional executive to presume the office. In case the court does not appoint interim executive, then according to the Section 90/20 of the Bankruptcy Act, the receiver would be given power for a temporary period to manage debtor’s business and assets. Likewise, according to the Section 90/21 of the Bankruptcy Act, until a planner is appointed, all of the rights of the debtor’s shareholders would be suspended except for in the case of right to obtain dividends.
Once the acknowledgement order for business rehabilitation has been received, the debtor’s executive should handover everything from assets and seals to book keeping ledgers and documents pertaining to business, assets, and liabilities of the debtor to the provisional executive or the receiver.
Nowadays, a number of leading law firms is in the scenario to provide excellent services in connection with business rehabilitation and bankruptcy. Many of them undertake a plethora of such services in connection with business reorganization as analysis as well as consultation with creditor or debtor, filing petition for business rehabilitation, plan administration, and planner representation.
By Law Article
July 19th, 2009 at 08:51am
Under Aviation Law
Is success some elusive and abstract concept? Or is it mathematical and physical? This article will attempt to explain success mathematically and physically. Then after reading this article, you be the judge. Many people don’t associate mathematics and physics with human thoughts, behavior, and life. However, mathematics and physics were created to help us understand reality – including human thoughts, behavior, and life.
The Pythagorean Theorem
The Pythagorean Theorem, a Masonic symbol, teaches Masons to be general lovers of the arts and sciences.
The Pythagorean Theorem states that given a right triangle, the hypotenuse’s length squared = a leg’s length squared + the other leg’s length squared. The legs form an L-shaped 90 degree angle, while the hypotenuse slopes from the top of the L to the tail end of the L.
The Pythagorean Theorem is art, in that it deals with shapes; it is science, in that it is mathematical. Shapely and mathematically, this theorem explains success. Success shapely forms a triangular path: successfully thinking to behaving, behaving to living, and living to thinking. Success mathematically fits the Pythagorean Theorem: successfully thinking to behaving squared + successfully behaving to living squared = successfully living to thinking squared.
Given this Pythagorean Success Theorem, the more successful you are in thinking behaviorally or behaving lively, the more successful you are in living thoughtfully.
Now that you see that there is a triangular relationship between thinking, behaving, and living, the next section will discuss negative things that can affect this relationship.
The Spade
The Spade, a Masonic symbol, means to remove the rubbish of vice and ignorance.
Vices are habits that negatively affect your life. Examples can be laziness, rashness, and lust. Ignorance is not knowing how to accomplish something. An example can be driving to a new destination without knowing the directions.
Vices: A lazy person, acting too slowly, cannot succeed. This person acts too late. He never seems to catch up. A rash person, acting too quickly, cannot succeed. This person acts, making many serious mistakes. So instead of saving time, he wastes time. A lustful person, pleasuring himself often, cannot succeed. This person’s actions are often unrelated to his goal. He pursues pleasure more than purpose.
Ignorance: An ignorant person, not knowing what to do, cannot succeed. Can you imagine a builder building without a blueprint, an aviator aviating without air-navigating devices, or a sailor sailing without sea-navigating devices? To be ignorant is to be lost.
Removal: To remove vice and ignorance, you must have self-control and knowledge. Controlling yourself, you control your destiny. Knowing your trade, you knowingly accomplish your goals.
Now that you see that ignorant thoughts or vice-filled behavior can be detrimental to your success in life, let’s move on to the next section, explaining success via physics.
The Mirror
In physics, Newton’s third law of motion and Einstein’s general theory of relativity are important. Since physics is the science of reality, we can use the law and theory to explain success or failure in human life.
Newton’s third law of motion states that for every action there is an equal reaction. In other words, if you do good to others, others will do good to you. And if you do evil to others, others will do evil to you.
Einstein’s general theory of relativity states that mass distorts space, creating gravity. So the more massive an object is, the more it distorts space, creating stronger gravity. And the less massive an object is, the less it distorts space, creating weaker gravity. In other words, the more massive your actions are, the stronger consequences gravitate toward you. And the less massive your actions are, the weaker consequences gravitate toward you.
Combining Newton’s law and Einstein’s theory, the more good you do to others, the stronger good gravitates toward you. And the less good you do to others, the weaker good gravitates toward you. Contrastively, the more evil you do to others, the stronger evil gravitates toward you. And the less evil you do to others, the weaker evil gravitates toward you.
Life is The Mirror.
Summary
According to this article, it appears that success can be explained via mathematics and physics. From a mathematical standpoint, since the components of success (thoughts, behavior, and life) are triangularly related, they can fit into the triangular format of the Pythagorean Theorem. From the standpoint of physics, since how you treat others affects how they treat you, and larger actions produce larger results, these actions of success can fit into Newton’s third law of motion and Einstein’s general theory of relativity.
By Law Article
July 19th, 2009 at 07:06am
Under Labor Law
The Labor Protection Act of 1998 (LPA) and the Civil Commercial Code (CCC) are primarily responsible for administering labor protection laws in Thailand. In other words, the rights and duties pertaining to the employer and employee are governed by series of a laws and procedures.
Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Commercial Code, the laws in connection with Thai labor issues cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Security Act BE (AD 1900), and Workmen’s Compensation Act BE 2537 (AD 1994.)
The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as well as rights with regard to labor issues. Further, the Minister of Labor and Social Welfare also possess right to appoint labor inspectors as well as to issue regulations and notifications.
The Labor Protection Act and other related laws have set up employees’ minimum rights working in the country. This in turn includes rights covering almost every aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund issues, workers’ compensation, employee social security, and severance. Discussed further in this article are rights pertaining to certain aspects of employment in Thailand.
Working Hours
An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and affects employee’s health. In addition, an employee working continuously for five hours a day should be given a resting time of at least one hour. Likewise, an employee must also be given at least one day holiday in a week.
Remuneration
A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and employees, in order to fix the wages and to determine basic pay.
Place of Payment of Remuneration
As per the Labor Protection Act, an employer is required to make payment of remuneration at the working place itself. However, it can be changed provided if employee is ready to accept payment at some other place or via some other payment modes.
Female Employees
According to the labor acts, both male and female employees must be treated equally in a working environment. However, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as well as construction projects, underwater and tunnel works, and production and transportation of inflammable materials and explosives. Similarly, pregnant female employee is prohibited from working in plant or equipment that vibrates and lifting or carrying on her head more than 15 kilograms of weight. Additionally, an employer cannot terminate a female employee when she is pregnant.
Child Labor
According to the labor law, a child labor could be employed only if he has completed 15 years of age. But, in order to child labor below 18 years of age, the employer is required to notify it to the labor inspector regarding the employment of a child labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a child labor below 18 years to work on public holidays and to do overtime. Further, child labor below 18 are not allowed work in certain working environments such as metal stamping, working with hazardous chemicals, and working with poisonous microorganisms.
Sick Leave and Maternity Leave
As per the law, an employer must grant employees at least 30 days paid sick leave. However, an employee must furnish a doctor’s certificate in case, he takes sick leave continuously for three days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer should pay for 45 days of the maternity leave.
Termination
A notice in writing must be given to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as
- Performing his or her duties and responsibilities dishonestly
- Committing any kind of criminal offense
- Negligence from the part of employee that leading to serious damage or loss to the employer
- Disobeying working rules and regulations devised by the employer
- On imprisonment as per the final judgment of imprisonment
A plethora of law firms are now in scenario in order to help you dealing with the Thai labor law. Usually, these law firms provide a range of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, and labor law compliance issues.
By Law Article
July 19th, 2009 at 01:59am
Under Worker Compensation Law
Most people do not feel the need to understand workers compensation laws until they have suffered a serious injury at work. These laws can be quite complex and they vary from state to state. It is important for every worker to be aware of what workers compensation entails so they will be prepared in the event of a serious accident.
Worker’s Compensation, also known as ‘Workman’s Compensation” or ‘Worker’s Comp’, is a set of laws designed to protect injured workers. The purpose is to ensure that if a worker is injured at work, they will receive medical care, lost wages associated with the injury, rehabilitation, and retraining so they can return to work once they have recovered. If a worker is killed while at work, their families will usually receive death benefits. This systems permits injured employees to receive benefits without having to prove that the employer was negligent
While most injured workers usually qualify for benefits, there are situations where an employee may be denied benefits. This type of situation can become very complicated. Workers who are denied benefits usually consult with an attorney. An attorney who specializes in worker’s comp claims are Worker’s Compensation Attorneys. An attorney can advise a worker on how to protect their benefits and will defend them if they are denied benefits, denied extended or permanent disability, or had their benefits terminated early.
Employers tend to know more about worker’s comp law than the workers. Sometimes an employer may attempt to deny benefits. They may also send an injured employee to a doctor who may not have much experience in the area of the injury, or is working more for the employer than the patient. . An attorney will help protect a worker’s rights if an employer attempts an underhanded method of denying benefits or forces an employee back to work too soon after an accident. An attorney will also help a worker who returns to work for a period of time following an injury and suddenly finds himself laid off and no longer eligible to collect benefits.
Using the services of a worker’s compensation attorney will increases the chances of a worker receiving benefits. An attorney understands all aspects of the worker compensation laws and is familiar with the process, the officers and judges who preside over the process, and how the process works. Worker’s compensation proceedings are much different than other law proceedings. The setting and rules are more relaxed. Most personal injury lawyers will work on a contingency fee basis. This means that the attorney does not receive compensation unless the case is successful. Most states limit the amount an attorney can receive in fees for worker compensation claims so it can be difficult securing a personal injury lawyer. You should try to hire a personal injury lawyer that has experience with worker’s compensation claims
A worker who receives worker’s comp benefits usually cannot file a personal injury claim against an employer. A worker can file lawsuit if an employer intentionally causes an injury. The employer must have committed a precise act that intended to cause injury to the employee. For instance, if an employer pushes an employee down a flight of stairs, you can sue. A worker may also sue if an employer is required to provide compensation coverage and fails to do so.
If you find yourself facing obstacles to securing worker compensation benefits, you should consult with an attorney. The laws can be very complex for someone who does not have a legal background. A personal injury lawyer will have the expertise in handling a worker’s compensation claim.
By Law Article
July 18th, 2009 at 10:19pm
Under Entertainment Law
Raleigh, N.C.-Rosen Law Firm, one of the largest divorce firms on the East Coast, now offers its clients and their children a new therapeutic resource, Earthquake in Zipland by Zipland Interactive Ltd. It’s the first research-based psychological computer game aimed at helping children ages 7-13 cope with divorce.
“We’ve already worked with several clients who’ve used the game with their children,’’ says Lee Rosen, a board certified family law specialist and president of Rosen Law Firm. “ When parents split, they often find themselves in challenging situations on how to communicate with their kids and Earthquake in Zipland provides them with a unique tool.”
Through the main character, Moose, the game takes children and their parents on an interactive, exploratory quest where they face challenging tasks that uncover emotions including anger, loneliness, and conflicts surrounding loyalty. The game is designed to help children better cope with their parent’s separation through improving their communication skills.
“This is a tool that recently separated or divorced parents can utilize in effectively guiding their children through a smooth transition,” says Jennifer Coleman, life transition coach with Rosen Law Firm and a national certified counselor with a background in marriage and family counseling. “Children will have fun playing this interactive game while addressing some of the emotional issues they face concerning their parents’ divorce.”
Earthquake in Zipland is based on techniques and insights drawn from a variety of fields including clinical psychology, family counseling, and child and divorce/separation therapy.
***
About Rosen Law Firm
Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information visit: http://www.rosen.com
About Zipland Interactive
Zipland Interactive is in the process of developing other high quality edutainment computer games, aimed at helping children deal with common emotional and psychological issues in day to day life. The combination of the two different fields within the group – psychology and game play – has helped to produce a unique approach that is both entertaining and effective. For more information visit: http://www.ziplandinteractive.com
Rosen Law Firm
4101 Lake Boone Trail Suite 500
Raleigh, NC 27607
www.rosen.com
Divorce is Different Here
By Law Article
July 18th, 2009 at 10:09pm
Under Education Law
Face it. Financial bottom lines are affected by the fact we live in a world that judges a book by its cover. Pretty singers sell more records, court cases rank higher in the news if the person is attractive, and politicians are elected based on their image as much any other factor.
Looking at your own industry, don’t you have to fight the public’s perceptions? We see it on TV and in movies every day. More often than not, young lawyers, paralegals, and others just starting out in the profession are portrayed as cheap, petty, low-rent, and usually called “ambulance chasers.”
It’s not right, but this issue of image is one that you have to live with and learn to work with.
Let’s cut to the bottom line which is this: In today’s business climate, everyone should realize that a professional image is crucial to reputation and everyone could stand to improve theirs to some degree or other. It’s what you need to do to keep your individual firms alive. Therefore, let’s cover some opportunities for improvement using the acronym A.L.I.V.E.:
Appearance – Your physical persona and the way present yourself.
Letterhead – The level of professionalism demonstrated in your printed marketing materials.
Information – Accuracy and honesty; the keys to presenting the data gathered during a case.
Voice – How you communicate to everyone you’re associated with.
Education – The continual improvement to your professional knowledge base.
Appearance: People base a large percentage of their first impression on your appearance. When a client meets you for the first time, they’re sizing up your credibility, your ability as a legal professional, and deciding just how well you might conduct yourself in public. As the saying goes, you only get one chance to make a good first impression, so let’s look at a few pointers.
- Always dress in a professional manner. For men and women both, the attire should be “business professional,” which for men means suit and tie whenever possible, and for the ladies, business suits, nice skirt and blouse, or dresses. If you look unkempt or “second rate” the client will wonder how you’ll represent them while working their case.
- A close cousin to dress is personal grooming. Simply put, make sure your hair, facial hair, hands, nails, and teeth are all clean and well kept. By the way, how’s your breath? Always keep some mints handy.
- Keep jewelry at a minimum. Jewelry should follow the rule on colognes. It’s best to smell of nothing than to overpower with the wrong thing. A general jewelry guideline is no more than 2 rings per hand, no more than 2 thin necklaces, and either post or small-ring earrings. And… you guessed it, visible exotic piercings or tattoos are out if you’re going to be taken seriously by the legal community. The “Professional Image Dress” website at http://www.professionalimagedress.com has some good articles and checklists. Also, you’ll find some good books and magazines on business and professional image at your local library.
Letterhead: In some cases, the first contact someone may have with you might be one of your business cards. For our purposes though, “letterhead” refers to any printed material (paper or electronic) anyone outside your office might see.
- Business cards are a must. Make them distinctive, but with minimal content. Let your website or brochure carry the heavy content.
- On business cards, stationery, and your website stay away from trite, cliché, or negative icons such as someone running after an ambulance. In your web address, phone numbers, or email addresses, stay away from negative phrases like “makethempay@mylaw.com.” These might seem cute, but to many potential clients, they’re a turnoff.
- For stationery, choose quality paper and have your letterhead and envelopes, as well as your contracts, professionally produced by the same people who do your business cards. Make sure their color themes match. Your local print shop or office supply store should have everything you need. If there’s any one place you want to spend a little money, this is near the top of the list.
- If your stationery has a particular logo or color scheme, it should be reflected on your website, or vice versa. As with business cards, your website should be an exercise in minimalism after it’s done its job of relaying all the necessary information about your firm. Avoid animation, sound files, heavy graphics, flash, or anything else that makes your site slow to load. Slow loading or “busy looking” sites are more an annoyance than an attraction. Relatedly, though they might provide a tiny bit of pocket change per year, try to stay away from banner ads and other outside links on your home page. If you have outside links, put them all on your links page. You don’t want your client clicking off into cyberspace before they’ve read what a good job you can do for them.
- Stay away from blank notepads and manila folders. They’ll both get too messy too soon and not only will that make you look unprofessional and disorganized, but blank notepads make you look unprepared, and lost or disorganized notes lead to inaccurate reports and invoices. Invest a little time and/or money into buying or developing a comprehensive set of forms or an organizer system to use while assembling your case.
Information: In the legal business, the glass is neither half full nor half empty. It’s 50%. And, unless you know what’s in it, don’t speculate. “Just the facts Ma’am.” One of the biggest opportunities for a good impression, and naturally the most important, is the timely delivery of honest, accurate, information. Nothing will kill your image, reputation, and livelihood, like incomplete, inaccurate, biased, or late case work. Likewise, an inaccurate invoice can cost you by being either too low or too high.
- Rule one is, always has been, and always will be, “Use a good case management system.” Make sure everyone working for you uses the same system, and that your standards of accuracy start at the beginning, and continues through the whole case and through any follow-up you may ever have with that client. Then treat all of your other clients the same way.
- Use nice presentation folders for all your reports; even the “small dollar” ones. Each client is important to you from a marketing standpoint and therefore deserves to be treated with respect. Putting your work product on better stationery, in a well-organized format, and in an attractive presentation folder will provide a greater perceived value to your client. These people have probably paid a hefty sum for your service and a more professional report will help assure them that it was money well spent.
- With any kind of information transfer, the key word in today’s legal climate is “PRIVACY!” Reassure your clients in your contract, and in your final report that your relationship with them is as private as the law allows, and everything you do in connection with their case, before, during, or after the fact, will remain confidential. Loose lips not only sink ships, they destroy good client relationships.
Voice: Voice is a general term used to describe not only the actual verbal communication you have with your clients and others, but the “tone” your business has with those it deals with.
- When you answer the phone, do so cheerfully and actually smile. You can tell when someone’s not happy to be on the phone and so can others. This phone call might be your first contact with the next big client, so make it count.
- If you can’t personally answer every call, the next best thing is to have a receptionist or answering service. A person is always better than voice mail. Go with what you can afford, but since the phone call is one of your opportunities for a first impression, anyone answering the phone should be trained to be courteous, cheerful, informative, and as professional as possible.
- If voice mail is your only option, make the best of it. First, be smiling and cheerful when you record the message. Second, have the message convey your high standards. Say something like “As we’re extremely devoted to all our clients, we’re probably working a case on their behalf right now. However, YOU are just as important to us so please leave us your name and number and we’ll get back to you within the hour.” Then, if you say you’ll be back to them within the hour, actually do it. Prompt personal attention is a major plus in any business.
- Education and intelligence are just as necessary as a cheerful hello. You want people to know that you are every bit as qualified and capable as they could hope for. Therefore, when speaking with people, speak clearly, and choose your words carefully. They don’t have to be big words, but they do have to make sense, and grammar is important.
- The written word should follow the same rule. Make sure your business cards, letterhead, brochures, reports, invoices, and all other written documents use correct spelling and proper grammar. Though your client may be enamoured enough with your abilities as a legal professional to overlook a minor grammatical error, you never know who else of importance might see your report or correspondence.
Education: Here we continue where your writing skills leave off and cover the actual knowledge or skill base upon which your legal expertise is founded. Experience is the best teacher, but classroom education can certainly help keep you informed and up to date. Also, the fact that you are continually updating your expertise is impressive to most potential clients.
- Many states require continuing education. If your state does, you should publish this fact in your firm’s literature. If your state does not require CEU, you should still take it upon yourself to keep your own training updated and make that fact a prominent component of your marketing materials.
- Join professional organizations where possible. Many of them will offer various classes and training programs and the benefits of networking are considerable.
- Many online communication forums are professionally dedicated and will provide educational information and opportunities through either on-site or on-line courses, or through the hints, tips, and suggestions offered by members. One good online communication forum is found through “Yahoo Groups” at http://www.yahoogroups.com. The free registration is easy to complete, and all you’ll need to do is search through the groups using the phrase “private investigator” or other keywords associated with your specialty.
- Keep your library stocked. Many people learn as much from books and videos as they do in a classroom setting.
As you attend some of these educational functions, take the opportunity to look around you and either further your own education on this issue of appearance by studying your colleagues, or help improve the way they represent you by helping educate them as to the benefits of a more professional image.
By Law Article
July 18th, 2009 at 08:53pm
Under Business Law
A business is an organizational entity which is recognized legally and is intended to provide goods and/or services to the consumers. It’s run in a systematic and an organized manner with an expectation of earning profits for the owner. A Business is completely different from a hobby in a way that while in a business the losses are tax deductible, it is not so in a hobby.
There are several kinds of businesses. It could be a Sole Proprietorship, a Partnership, a Corporation, or a Limited Liability Company (LLC).
There could be several reasons as to why a business should hire a business lawyer. In case if a business is being investigated for securities fraud or if an injury has occurred to a customer on your premises or due to your products then you definitely would need a business lawyer. Otherwise also it is advisable to have a business lawyer associated with your business for reasons that might be not so obvious. For instance if you are planning on forming a particular type of business then a qualified business lawyer can easily assist you in averting a lot of legal issues that might arise due to such formations and can also advise you on the optimum business formation suited to your needs.
The business lawyers can assist with various kinds of business laws like formation and organization, finance and banking, transactional business law, sale and purchase of businesses and assets, debt recovery, intellectual property, information technology and internet and e-commerce laws etc.
The business lawyers are well experienced and work in synergy with the clients to ensure that all the legal matters are resolved quickly and cost effectively while keeping in mind the client’s requirements.
By Law Article
July 18th, 2009 at 08:53pm
Under Business Law
A business is an organizational entity which is recognized legally and is intended to provide goods and/or services to the consumers. It’s run in a systematic and an organized manner with an expectation of earning profits for the owner. A Business is completely different from a hobby in a way that while in a business the losses are tax deductible, it is not so in a hobby.
There are several kinds of businesses. It could be a Sole Proprietorship, a Partnership, a Corporation, or a Limited Liability Company (LLC).
There could be several reasons as to why a business should hire a business lawyer. In case if a business is being investigated for securities fraud or if an injury has occurred to a customer on your premises or due to your products then you definitely would need a business lawyer. Otherwise also it is advisable to have a business lawyer associated with your business for reasons that might be not so obvious. For instance if you are planning on forming a particular type of business then a qualified business lawyer can easily assist you in averting a lot of legal issues that might arise due to such formations and can also advise you on the optimum business formation suited to your needs.
The business lawyers can assist with various kinds of business laws like formation and organization, finance and banking, transactional business law, sale and purchase of businesses and assets, debt recovery, intellectual property, information technology and internet and e-commerce laws etc.
The business lawyers are well experienced and work in synergy with the clients to ensure that all the legal matters are resolved quickly and cost effectively while keeping in mind the client’s requirements.
By Law Article
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