Archive for May, 2010

Penny Bail Bond Anger Tip: Add Gray To Your World

Tuesday, May 25th, 2010

It was our 5th pre-marital counseling session with 34 year old Natasha, a professional woman, and 32 year old Emir, a mortgage broker. The day before, she had unknowingly called him at work at a very bad time; he was in the process of losing a $5000 commission because one of house deals was falling out of escrow.

In session Natasha said: “You snapped at me when I called and that was disrespecting me; I won’t put up with a man who disrespects me.”

Emir replied: “Honey, I didn’t disrespect you, I was just under tremendous stress and I snapped a little-it was not directed at you; I was just frustrated.”

Therapist to Natasha: “Sometimes, part of loving someone is learning to interpret their behavior in a context (because we know them so well) without taking their bad behavior so personally.”

Natasha: “NO. People should say what they mean. If he was upset over work, he shouldn’t have taken it out on me. Why should I have to interpret him?”

Many participants in anger management classes admit they are there because they see the world as “black and white” with nothing between.

“Things are either right or wrong,this way or that way. People should say what they mean and mean what they say.”

Sounds good on the surface. Who could argue with that? But when you think about it, what is wrong with this concept? The main problem is that just because you heard something a certain way, does not make what you heard absolute fact. Why? Because we all listen with certain listening filters, platforms or agendas that sometimes distort things.

What is said is not necessary what is heard, especially in the emotional and relationship realms.

When trying to communicate with each other, things are simply are not that clear cut. Many issues are “gray” because they are based in perception and viewpoint rather than hard facts. Those that rigidly adhere to the “black and white” principle and insist in seeing things in rigid extremes often find themselves frustrated, disappointed and angry.

To reduce your anger toward marriage partners, family members, co-workers, and relatives, try developing the skill of seeing things as having more than one perspective. Rarely are people 100% right or 100% wrong on most of the issues that people conflict and argue over. It is possible for both parties to be partially right at the same time that they are both partially wrong.

At the end of one of our anger management classes, one of the participants joked: “What do you call a person who brags about his or her philosophy of my way or the highway?”

Answer: (drum roll) “Divorced” (or single).

Dr Tony Fiore is a licensed psychologist,anger management trainer, and community education consultant to Penny Bail Bonds Company.Read more of his articles and discover other useful community resources at http://www.pennybailbonds.com

Essential Facts About Mesothelioma Lawsuits

Sunday, May 23rd, 2010

Mesothelioma is a rare form of cancer that is caused by exposure to asbestos. The most common form of the disease affects the lining of the lungs, while more rare forms affect the lining of the chest or abdominal cavity. While this disease is uncommon, it is always fatal, with an average survival time after diagnosis of just one year. If the disease is diagnosed early, around twenty percent of patients may live up to five years.

If you have been recently diagnosed with mesothelioma, you may be feeling as though your life has been turned upside down. There is so much to do-finding out as much information as you can about the disease and treatments, trying to determine how and when you were exposed to asbestos, and, unfortunately for many people, trying to get help with the costs associated with this devastating disease.

If you fall into this last category, it may be of some comfort to know that you will be able to seek legal help in filing a mesothelioma lawsuit. Winning a mesothelioma lawsuit can not only help recover the cost of treatment, but can also provide compensation for lost earnings, and the pain and suffering that this disease causes in its sufferers. In addition, even if you do not have much time left to you, your loved ones will be more assured of being financially secure after your death.

Before seeking legal advice, it is important to have as many facts about your case as possible. Because almost all cases of mesothelioma are associated with asbestos exposure, if you are diagnosed with the disease it is very likely that you were exposed to asbestos at some point. However, because symptoms may not appear for up to forty years after exposure, it is also important to be able to pinpoint with as much accuracy as possible how and when the exposure occurred.

If you were exposed at work, for example, you should try to recall your occupation at the time, and what type of work you were doing when you were exposed to asbestos. If the exposure occurred at home, it will be important to determine how your home was exposed to asbestos. A successful mesothelioma lawsuit will require that your information be as accurate and detailed as possible, because the nature of your exposure to asbestos will determine who should be held legally responsible for your having developed mesothelioma.

To ensure the success of your lawsuit, your lawyer will need as much information as you can supply, and it is also important to supply this information as quickly as possible. This can be difficult to do at such a stressful time, but it is essential because each state has a statute of limitations that governs how long a period of time you have in which you can legally file a mesothelioma claim. Note that the statute of limitations is based upon the time of your diagnosis, rather than when your asbestos exposure occurred. Depending on the state you live in, you may have between one and three years to file a lawsuit once you have been diagnosed with mesothelioma. In most states the limitations period is two years, and in some states this is three years or more.

Most mesothelioma lawsuits are conducted to cause as little inconvenience as possible to the person making the claim. In many cases settlement can be made out of court, and depending on the circumstances, a case may be expedited so that it can be resolved more quickly. If you decide to file a claim, you will be required to sign documents that allow your lawyer to gather medical information relevant to your case, and will likely need to give a deposition, in which you will answer questions from the defendant’s lawyer, and perhaps your own lawyer as well. In some cases, you may also be asked to supply video footage or testimony that documents how your life has been affected by mesothelioma.

For the most part, law firms that deal with mesothelioma cases do so on a contingency basis, meaning that you will not have to pay any fees until your case has been won. If you are awarded compensation as a result of the lawsuit, your lawyer will be paid a fee from that money; if you are not awarded any compensation, you will likely not have to pay any fees at all.

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 Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

What to Do After a Mesothelioma Diagnosis

Friday, May 21st, 2010

If you or a loved one has been recently handed a mesothelioma diagnosis, you may be feeling confused, frightened and betrayed. Many people diagnosed with the disease and their families have never heard of the disease before they’re told that they may have it. Others have been dealing with the knowledge that they have been exposed to asbestos for years, and the diagnosis is the other shoe dropping. Once the mesothelioma diagnosis is made, they may even feel a surprising relief that the years of dread are over. There will be many people who tell you what you should or will be feeling. Just keep in mind that whatever you feel is valid – there is no wrong way to feel when you get such devastating news.

Mesothelioma is a devastating diagnosis. This rare form of cancer is almost invariably connected to previous asbestos exposure, often several decades in the past. It is also almost invariably terminal, painful and costly to treat. Treatment for the disease can cost thousands of dollars a month, and hundreds of thousands of dollars a year. Even the diagnostic testing to determine it can be expensive. If you’ve received a mesothelioma diagnosis, though, you may be eligible for compensation for your medical expenses and for your pain and suffering.

Mesothelioma is nearly always the end result of exposure to asbestos, often in the workplace. Asbestos, one of the most widely used building and insulating materials in history, gives off a very fine dust when it is crushed or broken. That dust is inhaled by workers and others in the area, and lodges in the lungs, throat, stomach or abdominal lining. There it remains for decades, causing tissue changes and lesions that may go undetected until they have developed into the devastating cancer.

The biggest tragedy of mesothelioma is that it was entirely preventable. The management and owners of the companies that made and distributed asbestos were well aware of the dangers of working with asbestos. They also knew decades ago that there are easy ways to reduce exposure to asbestos fibers when working with asbestos – ways as simple as providing disposable paper masks to workers who are in contact with it. They chose to keep what they knew about the dangers of asbestos to themselves. They made a conscious choice to deny their employees the information and the equipment that would have prevented this deadly disease.

When the truth did come out about asbestos and its relationship to a mesothelioma diagnosis, the public was outraged. Lawsuits were filed and continue to be filed by and on behalf of those who have developed the disease after being exposed to asbestos. The courts have almost invariably held the companies responsible for the illnesses caused by asbestos and awarded enormous amounts to those who are dealing with mesothelioma or have lost a loved one to it. Those awards go a long way toward covering the costs of medical care and toward reassurance that families are taken care of when the victim can no longer work and support the family him or herself.

If you or a loved one has been given a diagnosis, you’ll be facing many decisions and challenges in the coming months. Many of those decisions and challenges will be financial. While no lawsuit or amount of money can make up for the losses and pain, an award or settlement from the companies responsible for your condition can help pay for your treatment and set your mind at ease about your family’s financial circumstances. You owe it to yourself and to your family to explore your legal options as well as your medical options if you’ve been diagnosed with mesothelioma.

A mesothelioma lawyer can be helpful to you in other ways than just advising you on recovering damages after a diagnosis. For many top mesothelioma lawyers and their staffs, helping people with a diagnosis has become a crusade. In addition to legal matters, your lawyer’s office may be an excellent source of information about social, medical and psychological resources available to those who have been diagnosed with mesothelioma. Because the law offices who are most involved with mesothelioma and asbestos litigation have so many connections within the field, your lawyer’s office may be able to help you with lists of support groups, diagnostic services, information and educational resources.

A diagnosis is not the end of the world, and having the right information and resources at hand can make a great deal of difference in how you and your family manage in the weeks, months and years after you get the news. If you’ve been diagnosed with mesothelioma, consult a law firm that understands asbestos litigation and mesothelioma cases. You owe it to yourself and your family.

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 Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Good defense attorney

Thursday, May 20th, 2010

Law creates to find justice and the truth behind a crime. But today when crime is a common thing that happens in daily life, so many innocent people found guilty in criminal activities which they did not do. In order to protect the innocent people, good defense attorneys is needed. By hiring their service, innocent people can get their freedom and the defense attorney often found the true culprit behind the crime. Without good defend from a good attorney, ordinary people which know nothing about law will convict and declare guilty easily.

To find a good defense attorney like Dallas criminal defense attorney is not easy, Dallas as a city of justice have many defense attorneys which can be a good example to find a good criminal attorney. The most important aspect to find in a good defense attorney is justice. If the client are truly innocent, their attorney must do their best to released them from punishment. As an expert in dealing with law, good defense attorney should be able to get the evidence which support their client innocent. Without decisive evidence, it is hard to prove the convict is not guilty. Therefore, hiring good defense attorney is a must to find justice.

Marketing Through Blogs Presents New Legal Risks

Wednesday, May 19th, 2010

In recent times blogs have taken on new meaning on the Internet and World Wide Web. Once considered nothing more than rather offbeat diaries, blogs have become major marketing tools at the present point in time. In fact, today millions of consumers from all walks of life and from all over the globe are turning to blogs to get information and advice about different products and services.

As blogs have become more potent marketing and promotional forces, various legal issues have arisen that warrant close consideration. There are two main concerns in this regard when it comes to blogs and blogging.

First, there is a concern about the inadvertent leak of trade secret information through a blog. Second, there is a concern about the potential for false or deceptive advertising claims that might arise from blogs and through blogging.

Never disclose Confidential Information on a blog.
There remains a good deal of debate over the true value of a blog when it comes to marketing and advertising. There is a debate over the return on the investment in blogging.

Nonetheless, many businesses are going so far as to encourage their own employees to blog about the products or services offered by these businesses. In such circumstances, it really becomes of paramount concern that the blogging employee does not disclose too much information about a business and its products or services.

An eager blogger could end up revealing confidential information about a business, including vital trade secrets. When this happens, this proprietary information can end up being used by the competition. For this reason, it is vitally important that a blogging employee understand specifically the limitations as to what can and should be revealed through the blogging process.

When any blog or blogger is supported or encouraged by a particular business enterprise or employer it has the very real potential of being considered advertising. With this noted, however, at the present time it is still not entirely clear when a blor or blogger will be subjected to the more traditional advertising and marketing laws, including laws pertaining to disclosure.

Assuming for the moment that a blog in fact is created or supported by a company and intended for marketing purposes, it can be more safely assumed that at least in theory the more traditional marketing laws will apply. The blog could end up being looked at like any other advertisement and false statements could be deemed as being false advertising and hence illegal. On the other hand, First Amendment free speech issues also enter into the mix because of the underlying nature of blogging.

The reality is that the First Amendment does apply more to individual speech than it does to so-called commercial speech. In other words, an individual citizen has more leeway in expressing his or her opinions that does a paid endorser.

With that noted, the more a blog veers towards becoming the purveyor of a commercial message or communication, the more likely it will be subjected to legal scrutiny and the application of the more traditional laws pertaining to advertisement, marketing and promotional claims.

There are couple of fundamental considerations that come into play when attempting to determine whether or not a blog is commercial in nature. One key issue is whether or not the blogger is compensated by the company or business in question for creating the blog in the first instance. If the blogger in fact is paid, that blogger might be treated in the same was a paid endorser.

The Federal Trade Commission or FTC has guidelines pertaining to what a paid endorser can and cannot, should and should not do. These guidelines can be found online at http://www.ftc.gov/bcp/guides/endorse.htm.

In addition, the Word of Mouth Advertising Association (WOMMA) has a useful ethical guide that can be helpful to a blogger. Finally, a growing number of bloggers are posting disclaimers notifying the viewer that the person is being compensated for creating and maintaining the blog.

Even with disclaimers and even by taking other similar steps, there are gray areas, including whether an employee that creates a blog on his or her own time without receiving additional compensation, or a blogger who receives free product, meets the criteria of receiving compensation. There is now some significant movement in the direction of requiring the blogger to make full disclosure of such a relationship.

Another relevant issues pertains to whether the company has any control over the content of the blog itself. For example, a business that has employees who are encouraged to create blogs could be stuck in a proverbial no-man’s land when it comes to laws governing advertisement and their application to that particular blogging situation. If a company does exercise control, it is more likely to be held responsible and liable for acts of copyright infringement, trademark infringement and false advertising committed by the blog operator through the course of the blogging process.

Presently, there are no definitive solutions on how to deal with company bloggers. One course that some businesses are taking is providing their blogging employees with education and training.

In the end, a company likely will want to take care so as not to exercise too much control over a blog By exerting even a minimal amount of control a company may be seen as liable and responsible for the content of any given blog.

Perhaps the most important question for any business is not whether or not to blog but rather how to make blogs work better for a company in the first and in the final analysis. Through this process, legal considerations must be kept well in mind in order to reduce any potential liability that might otherwise befall a business enterprise.

Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.

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