New Identity Theft Protection Service For Texas Residents, Banks and Retailers

June 12th, 2008 LisaCarey Posted in Legal No Comments »

Identity theft is on the rise, and is fast becoming one of the top five most often occurring crimes. This crime cost victims, money and time, as well as in some cases even further damages to their health and family. In many instances, it can take up to 400 hours to be resolved, with monetary damages measuring at $5,000.00.

Many states have taken steps to help protect consumers from identity theft, as well as to assist them in recovering. There are now special investigative units within many police departments, as well as State Attorney Generals. However, the state of Texas has recently passed new legislation to help victims of identity theft overcome one of the most significant problems with identity theft that of bank (checking) account theft. Thousands of people each year have had checking accounts opened in their names, checks drawn on the account and thousands of dollars spent, committing identity theft in the form of check fraud.

In the past, check fraud and identity theft victims believed that by simply closing the accounts, after the crime has been discovered, would be enough to stop the unauthorized use of their identity and the account. However, banks had no way of sharing the information about closed accounts with check verification companies that merchants use to determine if checks are legitimate. Identity thieves could use victim’s checks on an account for weeks even though the owner had closed the account and merchants believed they had a reliable system for verifying accounts. This left many retailers with “bad checks” and gave the thieves the opportunity to cash in on this weakness in the banking system.

The Texas Department of Banking adopted the Closed Account Notification System, or CANS, in March 2008. It is believed that this form of protection against identity theft for banks, individuals and retailers is the first of its kind. Representative Helen Giddings (Dallas) authored House Bill 2002, resulting in this protection system and service.

House Bill 2002 requires banks and credit unions in Texas to submit information concerning suspected compromised bank accounts to a secure electronic notification system at a customer’s request. This notification then alerts companies who offer check verification, to the potential identity theft and fraudulent use of checks from a specific account.

The use of House Bill 2002 establishes a secure electronic notification system, for consumers, banks and check verification systems. According to Representative Giddings, “Notification happens by the second business day so that thieves are stopped in their tracks. No longer will identity thieves be able to profit from their crimes by passing bad checks for weeks. Millions of dollars will be saved, but most importantly, stopping identity theft early will help victims restore their credit and good name.”

The new law gives financial institutions additional options to help customers when identity theft or fraud has compromised their accounts. In addition to closing any compromised deposit accounts, the customer may ask the financial institution to send a notice to all major check verification companies.

In order to for consumers to use this service, they must request the action through their bank. It does not happen without their request. Additionally, consumers must provide their financial institutions with: a copy of the incident report or police report case number; a sworn, signed statement that the customer has been a victim of identity theft; and

a written, signed authorization allowing the financial institution to submit the account information to CANS.

This service is provided at no cost to all financial institutions in Texas. To participate, banks must register through a secure web page provided by the Texas Department of Banking. So it is not only important for consumers to request these services, but it is important that your banking institution is participating in this service. To determine if you bank is using this service or has registered to participate in this program talk to your branch or contact the Texas Department of Banking.

Each and every transaction that occurs as a result of identity theft adds to the financial and emotional burden experienced by the victim. With each fraudulent check passed, victims and retailers are both left with losses of time and money. This new law will help consumers to stop identity thieves sooner, as well as stop the cycle of future crimes.

Will other states follow the innovations begun by the state of Texas in providing protection from identity theft for their constituents with House Bill 2002? How effective will this service be? This is yet to be seen, but it all starts with the consumer, they must request participating in the notification system and begin the using the services provided to them to counter the effects of the crime of identity theft.

Lisa Carey is a contributing author for Identity Theft Secrets: prevention and protection. You can get tips on Identity theft protection, software, and monitoring your credit as well as learn more about the secrets used by identity thieves at the Identity Theft Secrets blog.

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Procedures For Claiming Compensation

June 11th, 2008 Mr.P. Posted in Legal No Comments »

Compensation is a complex area and is equally complex for your legal representative. For them to achieve a maximum payout they need you to have followed a specific set of guidelines.

Whilst each compensation claim is different, there are similarities. Let’s take personal injury as an example. If you have been involved in a car accident your legal representative needs you to have followed a procedure following the accident. If you choose your own path and do what you think is appropriate, the difference in claim could be 10,000 to 20,000 lower in value.

Your legal representative will know what adds to your claim and what subtracts.

To be successful in any personal injury claim, you have to establish that someone else was to blame for your injury. In other words, you need to prove that someone else was negligent or careless. This person or company is called the Defendant. The Defendant could be your employer; it could be another driver; or it could be the driver of the vehicle in which you were a passenger. It could be an occupier or the person who owns a property where you had an accident, for example, shop premises, school etc.

In addition to proving that someone else is to blame, you also have to prove that an injury resulted from that negligence. This is called causation.

NEGLIGENCE + CAUSATION = LIABILITY

There are several areas relevant to any compensation claim, which can be included within that claim. This is not an exhaustive list and every case will be decided on its merits and on the medical evidence.

First and foremost the compensation for the personal injury itself; this will vary depending on severity.

You can claim for loss of earnings. If you have been off work for any period of time because of your injury and you suffered loss of earnings then these can be included within the claim.

You can claim any other financial expenses as a direct result of your accident. These can include damage to your clothing; any travel expenses you incur going to and from your doctor; or payment for medication. Indeed, any loss which can be directly attributed to your accident can be included within the compensation claim. You need to prove your loss. Keep your receipts.

THE MOST IMPORTANT ASPECT OF COMPENSATION CLAIMS

Your legal representative will need PROOF… Without proof you claim could falter and never get to a result. Should you have a personal injury it is prudent to get it documented by your doctor or hospital. Visit them on the day of any accident, or if not certainly the next day. The severity of any injury obviously needs treatment, so to have no proof via a medical professional your case for compensation will be weak.

The second most important aspect is witnesses; to help substantiate a claim should you efforts for compensation be denied. Although during the event your mind be on other aspects of the incident

OVERVIEW OF COMPENSATION

Your legal representative needs to file a claim against the defendant. This may not necessarily be to the person direct but to their insurance company. More frequently, as personal injury claims increase, the claim can be settled out of court. But this would only happen if your legal representative is happy with the offer.

Court proceedings are necessary if liability for your claim is not accepted, or if the value of your claim cannot be agreed. Court proceedings are also necessary if it has not been possible to reach a settlement before the time limit for your claim expires.

Your claim for compensation could take between 6 to 12 months depending on whether the defendant accepts responsibility. If there is a denial this could extend the claim.

Mr. P. Booker

Personal Injury Compensation Specialist

Compensation Advice and Help Step by Step guide to Compensation Compensation US Compensation UK

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Personal Injury Lawyers - How to Find a Suitable Attorney

June 10th, 2008 MarkusSkupeika Posted in Legal No Comments »

Filing personal injury compensation claim is a hefty process. In fact, all legal processes require in depth knowledge about related laws. Victims can always file their case without taking any help from legal professionals; however, it is difficult to face the complexities and the nitty-gritty of laws.

When you hire a lawyer, you get to use their knowledge to fight your legal battle. Lawyers are the legal advisors with detailed knowledge on law and legal matters. They help you win your personal injury case and receive adequate compensation that is enough to recover the damages.

Though some small claims can be handled by individuals, when the issue is bigger and the guilty party is a business of repute or an insurance company, it is better to take professional help from local lawyers.

Why local lawyers? What are the benefits of dealing with local lawyers?

Local lawyers generally have better understanding of the state laws. If the accident took place in your state, state attorneys are the best persons to consult with.

However, if the accident happened in another state, you need to contact a lawyer of your state first to inquire in which state you should file your compensation claim.

A local attorney is easily accessible; you can meet him whenever you want. Even the lawyer can visit your place in case there is any emergency. Therefore, residents of Florida and neighboring states should always deal with Florida attorneys and the residents of California should look for legal professionals of California first.

Good lawyers of your state can simply double your chances to win the lawsuit.

How to find a good lawyer?

Finding an expert lawyer can be tricky. Sometimes it seems difficult to pick an expert lawyer from the loads of law firms and law practitioners. Here is a list that helps you get in touch with a suitable lawyer in Florida.

Referrals:

Consult your friends, acquaintances, colleagues, relatives or neighbors and see if they can refer you to a reputed attorney within your locality. People would refer you to lawyers with whom they have satisfactory experience only. So you can expect to get in touch with some efficient lawyers only.

However, people may have different feedback about the same lawyer or law firm. In that case, you need to use your own instinct to judge their efficiency.

Work with specialized lawyers:

Since you are going to file personal injury compensation claim, working with personal injury lawyers would be good for you. Some lawyers and law firms specialize on different segments of personal injury like medical malpractice, car accident, brain injury etc.

While pursuing a car accident case in Florida, look for car crash lawyers Ft Lauderdale and when you file lawsuit against a healthcare provider for medical malpractice, go for medical malpractice lawyers. Since they have enough experience of handling such cases, rest assured that will provide you with quality legal guidance.

Search online and offline:

Use both online and offline resources to search for reputed personal injury lawyers. Look at news papers, yellow pages and other local publications that have classified columns.

Alternatively you can surf the web, look at lawyer referral websites or use the search engines to find the websites of lawyers and reputed law firms. Read the testimonials online, call them, ask them questions, do some research online and offline to check how good they are.

Finally, inquire about their fee structure. Most personal injury lawyers work on ‘no win no fee’ basis. Make sure you understand all the terms and conditions before handing over your case to them.

Guaranteed Do Not Pay Until You Win with leading Florida Lawyers Boone and Davis. Find out more top Florida Personal Injury Lawyers and get latest legal advice.

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Elements and Statutes of Wrongful Death Compensation Claim

June 10th, 2008 MarkusSkupeika Posted in Legal No Comments »

Wrongful death claim is different from other types of personal injury compensation claims. Here the victim is not the claimant; the lawsuit is filed by the dependants who has become financially impaired after the death caused by someone else’s negligence. State laws entitle the beneficiaries for compensation.

Negligence or any form of liability can be the cause of wrongful death. In case of other personal injury claims, the injured persons submit their complaints. But in an event of wrongful death, individuals related with the decedent claim compensation for monetary damages.

There is no room for any kind of compensation against wrongful death under the Common Law. According to Common Law, right to compensation expires with the victim and the dependants have no right to claim damages for their economical hardship.

Later on, all the States incorporated distinct laws for wrongful death. This initiative definitely helped the family members of decedents killed due to negligence or wrongful act of others.

Since, it was a state-level initiative to enforce wrongful death laws; the laws are not same in all the states. Florida wrongful death laws are different from that of New York and others. However, they trace their origin to a common structure.

The elements of Wrongful Death Compensation Claim:

Elements of wrongful death are nothing but the facts need to be established before court.

1. Careless conduct of another entity is the cause of death

2. The defendant was strictly accountable or negligent for the death

3. The decedent has left behind spouse, children, dependants and beneficiaries

4. All the dependants are suffering from monetary damage because of this death

The clauses are somewhere similar like those of Tort laws or state-wise personal injury laws. Wrongful death attorneys help the claimants establish their right in court and make sure that they receive compensation for monetary damages.

Though it is easier said than done, but one needs to keep his mind cool and behave in a planned way once an incident of wrongful death happens in family. A genuine case may be forfeited if actions are not taken properly. Here are some points that help claimant pursue wrongful death claim properly:

Know the Statues of Limitations:

There is a time span after which even a genuine claimant cannot file case against the offender. Statues of Limitation vary in different states. In Florida it is 2 years after the cause of wrongful death was confirmed or suspected. An action should be taken within 2 years after suspecting wrongful death.

Delayed Discovery Doctrine:

What if the plaintiff comes to know the actual cause of death when the statute of limitation is already over? Delayed Discovery Doctrine lets plaintiff file the compensation claim by starting the SOL clock from the date on which claimant learned the cause of wrongful death or suspected the cause.

This rule varies from state to state. Some people say that in Florida, Delayed Discovery Doctrine is only applicable for product liability, not for wrongful death. Hence, it is better to consult Florida attorneys to know your options.

Some random information about filing wrongful death lawsuit:

* Only the beneficiaries or the dependents of the decedent can file wrongful death claim for monetary damages.

* In case there are multiple heirs, the lawsuit must be filed jointly.

* The lawsuit helps dependents get compensated for economic damages, not for emotional stresses.

Florida residents should visit Florida wrongful death attorneys to get their case filed in the court of law in Florida.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis. Find out more top Florida Lawyers and get latest legal advice.

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How Car Crash Lawyers Proceed With Liability Determination in Court

June 10th, 2008 MarkusSkupeika Posted in Legal No Comments »

When a motorcycle accident case goes to court, the case is judged from different angles and a lot of points are considered before judgment. To prove the negligent conduct of the offender court checks whether the car or truck drivers, motorcycle riders and pedestrians, if any, involved in the accident complied with traffic laws or not. Court decides who was responsible for the accident after checking all the evidences, considering statements of eye witnesses and finally performing a comparative study of fault. At last the compensation amount is computed.

The actions taken in court can be broadly classified under following headings:

* Liability determination

* Compensating the victims

Liability determination is the process of determining who was responsible for the accident. A lot of drivers and motorcycle riders violate traffic rules while driving. Disobeying traffic rule does not necessarily fetch any penalty, however, if an accident happens because of the driver’s fault OR rush driving results in injury for someone else, the driver is held responsible.

However, the process is not so easy. Most of the time both of the parties involved in the accident are responsible more or less. Hence, a comparative study is carried out to find out each party’s share of responsibility. If both of them violated street laws and traffic rules then who was at bigger fault? A comparative responsibility study answers such questions.

There is no specific rule for conducting comparative liability study as all accident cases are unique in nature. One can hardly find similarities between two motorcycle accidents. That is why a thorough study of the situation is required to carry on the comparative liability study.

Accident victims in Florida may see Florida lawyers. Competent Fort Lauderdale accident attorneys and personal injury lawyers sketch the plan of action in such a way that establishing the liability clause against the offender becomes easier. Once liability determination is done, the case becomes simpler.

Having liability determination done, personal injury lawyers focus on Compensation Evaluation. The objective is to help the victims get just compensation that satisfactorily fulfills all the requirements of the moment.

Common damages from motorcycle accident are:

Property damage: Motorcycle and vehicles involved in the accidents may get damaged. Valuable possessions may be spoiled or lost during the accident. All these details must be documented properly.

Personal Injuries: Victims or both the parties can be severely injured. Bone fracture, spinal cord injury, brain injury etc. are quite common in motorcycle accident. Victims may become permanently disabled if the accident was too harsh.

Wage Loss: With severe injuries it becomes difficult for the victims to go to work. Therefore reduced income, wage loss and unemployment are inevitable.

Physical and mental stress: Not only the victims, but their family members undergo huge mental pressure and stress because of the whole incident. These damages are counted during compensation evaluation. Florida personal injury lawyer knows how to get these damages counted.

Medical expenses: One needs to spend a lot on treatments after automobile accident. Total amount of expense may depend on the nature of injuries. Amount expended for treatment must be compensated by the guilty party.

Compromised lifestyle: Victims and their dependants are put in a compromised lifestyle physically and financially. This creates huge mental pressure that should be compensated by the offender.

Expert motorcycle accident attorneys present the case in most effective way so that all the damages are considered and counted properly while calculating compensation amount. Should you become victim of motorcycle accident, take help from professional personal injury lawyers to win your compensation claim lawsuit.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis.
Find out more top Florida Lawyers and get latest legal advice.

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Personal Injury Compensation Claim - A List of Don’ts

June 10th, 2008 MarkusSkupeika Posted in Legal No Comments »

It is true that the success of a personal injury compensation claim highly depends on the ability of the lawyers handling the case. Professional personal injury lawyers can really help their clients get justice. Just compensation comes useful for treatment and the feeling of getting justice accelerates the recovery process.

However, victims have their own slice of responsibilities too. Any unplanned move on their part can spoil the case. Senior attorneys and personal injury lawyers generally teach their clients the dos and don’ts.

Here is a compilation that makes you aware of those actions that may impact your case negatively.

A starting note and few wise words:

When you file compensation claim, you are actually fighting with the insurance company of the guilty party. Do not underestimate them. They have access to a lot of information about you that you cannot even imagine.

Some of the actions that may not go in your favor are mentioned below:

1. Misstatement about your physical limitations and level of activities:

Be careful and honest while giving statement about your activity level. You may think that by stating that you are unable to walk properly you may win a slip and fall case or a dog bite compensation claim easily; but that’s not true. State only what you can or what you cannot, superfluous statements may go in favor of the opponent.

Insurance companies often hire professional investigators to video-record your activities. So if you tell that you are unable to walk properly and the videotape shows you running in a park the battle is half lost, if not completely.

2. Concealing injuries and other physical problems:

It does not require a mention that you should always tell the truth to your personal injury attorneys. If you had acquired any injury before the accident case under the trial or have got any kind of physical problem and injuries after the accident, you should inform the personal injury lawyers about this.

Once your attorney comes to know about the injuries, he gets the chance to represent the case accordingly. And if the insurance company or the attorneys at defense find it first, the case may take an about turn.

3. Concealing any history of accidents:

Always be honest to your lawyers. If you had met any accident before or after the accident case under trial, say it to your lawyer. Personal injury lawyer is the best person to judge whether this history is going to be a problem for your case or not.

Insurance companies generally log on to insurance database to check past accident records of the victims. So chances are they know how many accidents you had in past. Still they can ask the question to check your honesty. Once you tell that you had no past accidents and they prove that you lied intentionally, their chances of winning go higher.

4. Concealing records of your tax returns:

Most of the personal injury victims lose income. They are entitled to claim the lost income if their past tax returns are in good shape. So tell the truth to your lawyer, do not hesitate even when the record is not good. If you are dealing with personal injury lawyers in Florida, consult the situation with them. Once Florida lawyers are aware of the fact, they can handle it by presenting the case in a different way.

In summary, be honest to your lawyer and do not hide the silliest of events or actions from him. Help your lawyers win the case for you by providing him with right information.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis.
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Is it Necessary to Consult Personal Injury Lawyers After an Accident?

June 10th, 2008 MarkusSkupeika Posted in Legal No Comments »

Individuals can file personal injury compensation claim on their own. Then why should one hire professional personal injury lawyers?

Why you should consult Personal Injury Lawyers after an accident:

The reason is simple – to get legal help while filing your compensation claim in the court of law. Unfortunately, there are people who fail to realize that their case falls under personal injury laws and that end up taking no legal steps at all.

Whenever you meet an accident, major or not-so-serious, consult personal injury lawyers< in your locality. The lawyer can advise you about your chances after looking at the available evidences. An expert attorney will plan the case in such a way that not only ensures its success in court, but increases the possibilities of getting just compensation to cover your physical and mental damages satisfactorily.

As mentioned above, many personal injury victims simply do not understand whether the case can be treated as a compensation claim case or not. As a result, they do not take any action to get compensated. Here is a brief list of unwanted events that entitle victims file compensation claim:

* Car accident

* Motorcycle accident

* Slip and fall

* Brain injury

* Dog bites, animal bites

* Product liability

* Medical negligence

* Wrongful death

* Pesticide Exposure

* Insurance Bad Faith

* Spinal Cord Injury

* Airplane Accident

Injuries and damages caused by someone else’s negligence must be compensated by the offender. There are many more areas of personal injury cases that enable the victims for just compensation. Consulting a lawyer is always the best option.

Before you see a personal injury lawyer, make sure you performed the following things immediately after the accident:

Actions to be taken immediately after accidents

1. Seek medical treatment as soon as possible. Make sure the condition of the victims does not deteriorate due to any delay. That may be fatal for the victims too.

2. Call local police and file a complaint.

3. Move the vehicles involved in accident after getting consent from local police or any other authority only. However, if moving your car is required for safety, then you can do so.

4. Do not leave the spot of accident without the permission of local police or any other authority.

5. Take photographs of victims, damaged car and the surroundings if possible.

6. Collect contact details of eye-witnesses.

7. Consult a personal injury lawyer as soon as possible.

Filing personal injury compensation claim is a legal process and should be carried out conforming to predefined legal standards. General people are not aware of these legal details, Tort laws and state laws. As a result a valid personal injury compensation claim may get dismissed because improper case filing.

Personal injury lawyers can be of great assistance. They collect the evidences in proper manner, talk to eye-witnesses, meet the physician who checked the victims first, contact local police and sketch a suitable plan of action to proceed.

It is better to deal with local personal injury lawyers who you can talk face to face. If you are a resident of Florida, you must see Florida lawyers specialized in personal injury or car accident cases. By doing this you are utilizing the skill of a senior attorney who has immense knowledge about the state laws. This would not only relieve you from tedious court proceedings, but accelerate the recovery process too.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis.
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Employment Law Training Includes Advice to Help Save the Planet!

June 10th, 2008 JohnMehtam Posted in Legal No Comments »

Employment Training provides environmentally friendly advice to businesses for energy savings in the work place. “Switch it off” is the rule of thumb in reducing running costs and at the same time minimizing your company’s carbon foot print.

More and more companies are working hard to ensure their operating procedures are as environmentally friendly as possible, in order to protect the planet.

Millions of pounds are being spent on research and development to come up with methods that reduce a company’s carbon footprint, and which protect the environment.

But in reality one of the solutions which could make a real impact on the amount of energy your business uses, is far more simple – use the “off” button.

In fact, companies could cut their energy costs by up to 90 per cent if they simply switched off their office equipment.

We’ve all seen those office buildings lit up like Christmas trees at night, with computer monitors and photocopiers on standby, but by taking action, companies can achieve amazing results.

It’s vital for firms to consider their energy policies in this way if they are to make a real difference to their energy bills.

Office equipment accounts for around 20% of a company’s total energy consumption, but in today’s challenging economy, there are ways to cut costs.

Many companies are committed to reducing the impact their business has on the environment, and to making sure are were not incurring unnecessary costs – but they fail to realize just how much difference a simple “off” switch can make.

Research has shown that the most basic way to save money is to turn off your office equipment, because in commercial offices, this makes up nearly a quarter of the total energy bill.

The energy consumed by computers and laser printers can be reduced by 75% per year if they are switched off at night, at weekends and during holidays.

So it’s important to encourage staff to think about this at the end of a long working week, when they’re itching to escape, and to ask them to take the time to switch things off.

If computer monitors are also switched off when they are not in use during the day, and utilize the standby mode to its full advantage, a company could even cut its energy consumption by 90% each year.

The guidelines also show that the costs increase by about eight per cent for every degree the temperature of your workplace rises, so it’s important to try to keep the office thermostat at a constant level.

Don’t just reach for the dial as an automatic response to a change in temperature – try to keep doors and windows closed and free from droughts, and suggest your staff turn the heating down rather than opening windows if it gets too hot.

And if your workplace is empty at weekends or over the holidays, reduce the heating to a minimum or even turn it off altogether – it may sound radical, but it’s an approach that really works.

Encourage employees to think about the energy that is being used in all areas of the business, and you may be pleasantly surprised by their attitude.

You should also closely monitor your fuel bills so that you can share with your staff the difference their efforts are making.

This article is free to republish provided the authors resource box remains intact.

John Mehtam is an Employment Law Solicitor and heads the employment law team at Martin Kaye Solicitors. John runs numerous presentations on this specialist subject and provides Employment Law Training.

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The Other 10% Of Life Is Following Up

June 9th, 2008 AriKaplan Posted in Legal No Comments »

There is an old saying most often attributed to Woody Allen that “90% of life is showing up.” Actually, it turns out that the number is somewhere between 75 and 90, depending on the recollection of the person reciting the quote, but either way, the balance of life is about following up.

Allen’s point is a good one. Just get involved, make the call, or introduce yourself. The results will astonish you. In fact, once you take the initiative, momentum alone can drive you toward your goal.

Where many of us falter, however, is in the follow-up. We expect to be rewarded for our risk taking, not realizing that success is the product of both good ideas and great execution. That execution requires you to be one part relentless telemarketer (in the most respectful way, of course), one part super cheerleader (without the pom-poms) and one part Zen master (to control the anxiety), all of which are contrary to traditional legal training.

Even the most successful among us get rejected the first few times we attempt something. That rejection is usually not a reflection of the merits of an idea or strategy. More often, it is simply a function of poor timing. If someone sends you a letter thanking you for your resume and advising that there are presently no openings, it is very possible that there really are no openings. Our collective instinct is to assign another meaning to that message and consider it a negative judgment on our qualifications. Next time, considering following up with a thank you note and check back in a few months.

The great follow-up balancing act is to control the urge to call or e-mail someone ten times per day, but fight the complacency of making contact once and giving up. Here are some tips to manage the follow-up process.

Establish a Schedule

Between classes or billable hours, you must schedule items you need to complete. To-do lists are fine, but I would suggest using an electronic calendaring system of some sort with reminders. If you speak with someone about a job or client development opportunity, add a follow-up e-mail or phone call to your calendar. It could be a month, it could be six, just keep in touch.

Be Polite

When calling someone, ask whether the timing is convenient. If not, thank them and end the call. If they have a minute, take it, but not much more. Learning about the person you are calling is also a courteous gesture. Be sure to understand his or her business/practice area (a Google search should suffice) and try to find some memorable common ground (something as simple as practicing in the same city may work, but being alumni of the same school or residents of the same town is ideal). The key is to be yourself in the most positive way that you can while relating to the person you are contacting on both a professional and personal level.

Be Succinct

Once you find common ground, get to the point. Chitchat is fine, but your goal is to follow up on whatever you original request may have been. Your contact knows you are calling out of the blue for a specific reason and is giving you an opportunity to share it. Take the opportunity and run. Describe exactly what you are following up on and why it is important for him or her to consider.

Be Resilient

If (when) you get rejected, don’t over analyze that judgment. The best action you can take is to send a thank you note and move forward. Immediately follow up with the next person on your list. You will eventually speak with someone at a time that is convenient for him or her, and who has a sincere interest in what you are discussing.

Evaluate Your Performance

Although it is a mistake to criticize yourself for rejection, the great achievers and connectors use it as a chance for personal-evaluation. Have you mastered your pitch? Is your tone authoritative? Be honest.

In the end, the key is to follow up in a way that demonstrates thoughtful commitment to the issue, but flexible understanding of the circumstances surrounding that level of contact. You already get 90% for showing up, work for the extra 10% and you will be handsomely rewarded.

This article was originally published on April 14, 2008 by the National Law Journal online.

Ari Kaplan is the founder of Ari Kaplan Advisors and author of The Opportunity Maker: Strategies for Inspiring Your Legal Career Through Creative Networking and Business Development. He teaches professionals how to promote their work-get free editorial calendars at http://www.AriKaplanAdvisors.com.

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Spring Forward And Get Published

June 9th, 2008 AriKaplan Posted in Legal No Comments »

Last year, I made a mistake. I missed the opportunity to pitch articles to many of the newspapers and magazines that covered summer associate and new attorney issues in 2007. My bad, especially since I teach professionals about getting published and how to use writing for business, professional and personal development. Luckily, my error was simply bad timing.

The keys to getting published are relatively straightforward: develop a strong idea, find the right publication, craft a strong pitch and make your pitch when it is most relevant. Most people find that last piece very elusive.

Here’s the secret to success on that point: study editorial calendars. Editorial calendars set forth in very broad terms the coverage a magazine or newspaper will give to a particular subject over the course of an entire year. I now compile in January as a resource and often suggest that those interested in writing for a broad audience consult them regularly. For example, if you are an intellectual property lawyer who wants to cover a substantive IP issue, consider focusing on the October 13, 2008 issue of the New Jersey Law Journal or the same week’s issue of the New York Law Journal. Both newspapers are focusing on Intellectual property that week and both accept articles written by outside authors.

These calendars are generally available on the website of the particular publication and often list the submission guidelines for the publication as well (e.g., preferred length, footnote usage, and editorial style). Reviewing them and timing your article properly will help you overcome any concern over your writing ability. While substance is important, you do not need to be a Pulitzer Prize winner to get published. Relevancy is often more critical than gifted prose.

Understanding an editor’s calendar also demonstrates to him or her that you have conducted the necessary background research and are serious about your interest. Reviewing a copy of the magazine or newspaper in advance helps as well.

Spring is a great time to be thinking about getting published. It stays lighter longer and it lulls you into the false impression that you have more time on your hands. Maybe that’s just me.

Regardless, it does encourage us to go outside and get some fresh air. Writing is like that fresh air. It breathes inspiration into your work by allowing you to connect with mentors, colleagues, clients and prospects in an organic way. Use the chance to write for a particular issue you found in the editorial calendar as an opportunity to call or e-mail someone completely different, who can provide a unique perspective on your proposed topic. Or, use it to reconnect with others.

Identifying a specific date for an article will provide you with the ability to calendar its development and completion. Writing for an issue in October would require a pitch a few months before, depending on the publication. Let’s say end of June for purposes of giving plenty of lead-time. That June pitch gives you April and May to develop an idea and discuss it with anyone who may need to approve it or collaborate on its completion. It will also give you plenty of time to change your mind on the topic.

Aiming for a particular issue will typically prevent you from postponing it - not that anyone ever does that. Most often, activities like writing fall behind billable work, family obligations and wisdom tooth extraction. There is always another issue of another publication when we have more time. That said, when you are shooting for a particular newspaper on a specific date, you have no choice and you will do it. Period.

Getting published is more about motivation than mechanics. Starting with a subject and the date before you even have an idea will help. Use the extra time often wasted on these basic elements to craft a great idea. Collaborate with others on establishing your focus. Have coffee with people who can teach you about the subject. To continue with our example above, ask IP experts, including those sitting right next door at your firm, what they think would make an interesting article. In addition, try to find in-house, government and academic contacts that could share their insight and experience.

People do not write just to see their name in a byline or send their article to others. They write to inspire. Ironically, it is not others to whom they provide the inspiration, but to themselves.

Revive, refresh and check your calendar. It’s spring.

This article was originally published on March 24, 2008 by the National Law Journal online.

Ari Kaplan is the founder of Ari Kaplan Advisors and author of The Opportunity Maker: Strategies for Inspiring Your Legal Career Through Creative Networking and Business Development. He teaches professionals how to promote their work-get free editorial calendars at http://www.AriKaplanAdvisors.com.

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