Legal

Telford is a great place for people to visit as well as live and work. The town is very modern and is in sharp contrast to the surrounding countryside Shropshire. Telford was designated a new town in 1963 and was originally developed to alleviate the over population in Birmingham and the Black Country. Telford is now widely known as ‘the cradle of the industrial revolution’; Ironbridge is a World Heritage Site and is visited by thousands of people from all over the world every year. With 10 museums including Blist Hill Victorian Town, Enginuity, Coalbrookdale Musuem of Iron, Jackfield Tile Museum and Coalport China Museum. All of these museums will give you a great insight into the history of the industrial revolution.

Telford’s central location makes it a perfect base for exploring the regions many attractions. The M54 motorway runs right through the town linking Telford with the M6 and the rest of the UK’s motorway network. It is a modern town with great shopping and business facilities. There are many wonderful places to visit in and around Telford and the town is and is recognised as an important growth point in the West Midlands region.

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Everyday, from municipal legislative chamber to the general assembly of the United Nations, legal arguments are heard. The representatives of each country endeavor to bring any law into implementation stage if they see that law would bring in interests for their government and fellow citizens. However, no matter how the legislative members are educated and committed to community well-being, law is not definitively “just”. A law adopted by the legislative body would bring hardship to the executive and judicial bodies and vice versa (conflict of law).

That’s unjust and unfair? Expressed by the election losers or those who fail to gain the benefits in any condition. Law is not perfect, it would bring more injustice. Municipal law would also extend the gap between the rich and the poor, international law adopted by the general assembly of the United Nations would also bring imbalance of economic and other social powers, between two neighboring countries or even countries in different continent: trade-sanction-imposition applied by the United States of America (North America) would hurt one or countries in Asian or Latin American continents.

From the above merits, Law is extensively seen in the negative aspect. But why law is still invaluable to the municipal and global society? This article intends to bring some unique advantages brought to all of us only by “law.”

Of course, conflict of law would bring political unrest between two or more groups or between the government and its citizens, but no country, even the world’s most primitive tribal group also needs law (rules) to general its daily formal and informal conducts. So what are the advantages of rules?

First of all, rules systematize any conduct. No matter whether that conduct would affect just one or two people, the whole society or even the world. The term “systematize” here refers to the generalization of conduct. The term “generalize and systematize” in this article are the same. When any conduct becomes generalized, it will be easy to remember and to follow and, to a more positive extent, commission of any conduct that is not generalized would bring mental unease and guilty sentiment to the committer.

Let’s me bring a very simple example: why do we need rules in an organization? Why family needs family rules and government needs government’s rules? One of the most concrete and legitimate reasons is to systematize, in other word, generalize the conduct within the family, organization or government. Without rules to systematize (generalize) the within conduct, members of family, organization or government would do think differently from one day to another, and this would lead to the loss of family’s, organization’s or government’s identities, and repercussion is clear: break-up.

Secondly, rules make thing more just. I say making thing more just, because there is no genuine justice in this world. Why make thing more just? When rules apply to everyone within the group, the group members are obliged to abide by it and anyone break the rules would be sanctioned to penalties set fourth in the rules. Yes, there is no genuine justice in this world, but if punishment is equally applies to me as to you, this would make you and me feel more just. Injustice would become justice when everyone consorts to that injustice: a rule never taught in law or general schools, but I tell you now.

Thirdly, rules convert you to be “a strict person.” The word “strict person” means the those who is respectful of the rules or law. In this sentence, the word rules and law are the same.

I have been working as translator for Cambodia’s most celebrated translation company, freelance writer for a newspaper, media liaison for an English tuition website and expert author for ezine, these works contract me to abide by the rules, terms of service and other distinct identities of each organization. To work for these organizations, I have to comply with the rules, otherwise my work cannot get published, my website cannot get exposed to international views and most importantly; my social status would not reach my expected point.

Abiding by the rules in my workplace has turned me a rule-abiding person in all circumstance in eatery, law school, social gathering and socialization, driving, and even thinking about the rules before starting any conduct.

In the nutshell, though the legislative net always records my conduct into the national and international archives, I feel powerful and doing the right thing if I abide by the law or rules. I even dare to say that I have decided to live for my “stipulated self constitution”, because the law and rules have convinced me to do so.

Lay Vicheka is a translator for the most celebrated translation agency in the Kingdom of Cambodia, Pyramid Translation Co.Ltd.. He is now hoding other two professions: freelance writer for Search Newspaper; focusing on social issues and students’ issues and Media Liaison Officer for Cambodia’s first on-line IELTS consultation website. Lay Vicheka is the expert author for ezine and prolific article contributor to other websites around the world such as articlecity, 365articles, spiderden, talesofasia, etc (Just google him). He is also a volunteer Cambodian-newspapers columnist (Rasmey Kampuchea and Kampuchea Thmey). Lay Vicheka has great experience in law and politics, as he used to be legal and English-language assistant to a Cambodian member of parliament, migration experience (home-based business) and in writing. He is also member of a New York-based research company. Posting address: 221H Street 93, Tuol Sangke quarter, Russey Keo district, Phnom Penh, Cambodia. Tel: 855 11 268 445, mailto:vichekalay@yahoo.com vichekalay@yahoo.com

Consumer worries about credit card fraud have resulted in numerous protections being created. A consumer whose credit card is wrongly used by another generally has one hundred percent protection. If your personal credit card is stolen and used by an unauthorized party, the card issuer is usually able to refund all lost monies and will have your account corrected within days if not hours.

This consumer protection is wonderful. After all, none of us want to suffer the damages of identity theft or credit card fraud. The idea of a thieving stranger creating thousands of dollars of additional debt for us or cleaning out our bank account on lark is a frightening one. As consumers, we all want and need protection from this kind of criminal activity.

The other side of the consumer protection coin however, is not quite as shiny for those involved with the other end of the transaction. All deals involve two parties: a buyer and a seller. Unfortunately, it seems, every gain made by one party produces a loss for the other. It appears to be a zero-sum game, and merchants who process credit card orders are learning that the consumer protections they love when a bank card is misplaced can be a horrible burden on the other side of the proverbial cash register. As consumer safety and care is maximized, merchants lose out.

Consider a fraudulent credit card transaction. A consumer has her credit card stolen and it is used to place an online order for a product. The merchant processes the card, ships the product and believes the matter is complete. Only later does the merchant find out that the transaction was invalid and a byproduct of fraud. What happens to everyone involved?

The consumer loses nothing. After noticing and pointing out the problem, she is refunded for the fraudulent act. There may some inconvenience and fright involved when one realizes they were victimized, but the card issuer will make sure the consumer does not suffer a financial loss from the act of fraud.

What happens to the credit card company? Well, the issuing bank is certainly not willing to calmly accept a financial loss in every case of credit card fraud. They refund the money to the customer, but they plan to get that money back. Do they accomplish this via some form of fraud insurance or a governmental program designed to protect them from criminal activity? No. Instead, they reclaim the money from the merchant.

The merchant receives a retrieval notice during the investigation of the fraud and, if the claim of malfeasance holds water, will then be issued a chargeback for the amount of the illegal charge. The merchant account provider will take the money once received. To make matters worse, the merchant will probably be charged an additional fee for the administration of the chargeback. In situations where a merchant has been victimized repeatedly, his ability to maintain a merchant account may be put into jeopardy. Of course, the previously shipped product is usually unrecoverable, too.

The merchant is the last person in line for any fraud remedy. If the buck stops anywhere, it stops with the person who made the sale. As such, it is essential that merchants take steps to protect themselves from credit card fraud. The steps that must be taken are generally a matter of self-help, too. There is no organized effort afoot to better protect merchants. Instead, the emphasis is consistently placed upon protecting consumer interests.

What can a merchant do to better protect his or her business from credit card fraud? A few tactics seem to help insulate merchants from the problem.

We will be considering this problem primarily from the perspective of a merchant who does the predominance of his or her business online or via telephone. Those who transact business in traditional environments have opportunities to obtain signatures and to check identification that are usually not available to their more “virtual” counterparts.

The first is use of AVS technology. AVS (Address Verification Service) refers to the technology that allows merchants to input information regarding the credit card’s billing address that can be obtained from the buyer. When the card is processed for a sale, the merchant is informed whether or not the information matches that which is on file with the credit card company. Disparities indicate that possible wrongdoing may be afoot. This gives merchants a chance to intervene prior to deciding to accept or deny a questionable order and can reduce the instances of fraudulent transactions.

Of course, it is very possible for scammers to know the billing address information. Thus, AVS alone is not an adequate means of protection. Perceptive merchants also avail themselves to the use of CVV2 codes. These codes, usually comprised of a few digits on the reverse of a credit card, can be requested during a transaction. If the numbers fail to match, fraud may be present. The use of these codes can reduce credit card victimization considerably. However, if a thief has the card in his or her possession, the CVV2 code will be available for use, even in a case of fraud. The codes provide an extra layer of protection but still allow a space in which criminals can work.

That space can be filled through a variety of other defenses. For instance, merchants can opt to ship goods only to the billing address associated with the credit card. This prevents thieves from having an opportunity to secure the items they are purchasing and can reduce instances of fraud dramatically.

Merchants can also require a copy of identification and some form of signature before completing a transaction. For online merchants and those doing the bulk of their business via telephone, this can be a time consuming and inconvenient process that may result in lost sales. However, it can be an effective way of deterring fraud on larger orders of a questionable nature.

In some cases, reported instances of credit card fraud are really nothing of the sort. The cardholders themselves simply decide they are unwilling or unable to pay for the goods they did, indeed, order. They then seek a refund by claiming fraud. This kind of first-party fraud serves as strong justification for all merchants to maintain all information and paperwork related to every transaction.

Discerning which transactions are most likely to be fraudulent and approaching them with a higher degree of skepticism is a powerful means by which fraud one can avoid fraud. In some ways, the best defense against credit card fraud is to know one’s business and developing the ability to spot irregularities in orders. This includes looking more closely at oddly sized or timed purchases as well as considering the nation of origin for an order. Many countries are known to be the home of some of the most prolific scammers and fraud networks and orders from these locale demand careful attention.

Merchants truly must protect themselves, and one of the best ways of doing is so is to develop an almost instinctive ability to sense problematic transactions. A healthy dose of skepticism, bordering perhaps on paranoia when involved with a very unusual sale, can probably spare a merchant from credit card fraud as often as any of the other techniques mentioned.

However, the best defense against credit card fraud is to use all of the defenses. One should not think in terms of a single foolproof solution. At this point, none exists. Instead, the merchant must try to find layers of defense against fraud. This includes taking action at all levels of the sales process and closely tracking the nature and type of sales.

It seems almost unfair that a merchant must be so diligent in defending against fraud when a consumer needs must only make a simple toll-free call to get complete resolution of the problem. However, that is the nature of the current credit card transaction landscape. Effectively navigating the treacherous terrain requires a great deal of attention and concern on the merchant’s end.

Some may argue that consumers lose a great deal of money every year from credit card fraud. However, their losses are generally temporary. Credit card companies may also announce that fraud damages their business considerably. There is, inarguably, a great deal of expense borne in handling those issues at the level of the card company. However, the real loser in the credit card fraud world is the merchant, who is left holding the bag. Merchants are the true and final victims of fraud. Thus, they have no choice but to defend themselves in order to prevent repeated victimization.

Over 27 Million dollars were defrauded through credit cards last month. BeatChargebacks.com has been successfully appealing to help anybody selling online using credit cards or Paypal not to lose money to thieves.

Ben Shaffer is the owner and chief-developer of the popular site BeatChargebacks.com BeatChargebacks.com After being affected by it, and subsequently combatting it, he is on a mission to dispel credit card fraud from the world.

Now I have heard it all the Federal Trade Commission had two laptops stolen here in Scottsdale, AZ can you believe it? From a locked car or so they say as to not look bad. The mighty FTC Federal Trade Commission in all their glory and incompetence indeed?

The wonderful agency who was suppose to get rid of SPAM, yet allowed it to increase some 3000%. The wonderful agency who was suppose to look into gasoline pricing? The wonderful agency that attacked Microsoft, making it almost impossible for Microsoft to add FREE FEATURES to their operating system to help computer users?

Well isn&amprsquo;t the mighty Federal Trade Commission the same agency which is suppose to protect consumers from Identity Thieves and now they have lost two-lap tops in Scottsdale AZ, perhaps what vacationing on taxpayer&amprsquo;s money as usual at some conference? Apparently reports say that the;

“The Commission announced it is notifying approximately 110 individuals that two FTC laptop computers, one of which contained some of their personally identifiable information, were stolen from a locked vehicle.” Well indeed isn’t that special? How can we trust such an incompetent agency like the Federal Trade Commission to protect the American People from Identity Thieves, as they cannot even protect themselves? How pathetic indeed. Consider this in 2006.

“Lance Winslow” - Online WorldThinkTank.net/wttbbs/ Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance in the Online Think Tank and solve the problems of the World; WorldThinkTank.net www.WorldThinkTank.net/

On March 28, 2007, the White House presented a PowerPoint Presentation illustrating the results of its most recent negotiation with the Republican members of Congress in regards to comprehensive immigration reform. The principles agreed upon are as follows:

1. Revamp green card system and “clean up” family backlogs by cutting family visa preferences: The emphasis of the revised immigration system would be on employment and talent rather than on families. As a result, the preference categories of siblings of US citizens, adult married children of US citizens, and adult unmarried children of US citizens would be eliminated. A US citizen would not be able to petition any sibling or adult child to enter and live in the United States. There would also be caps for petitions of parents of US citizens. The diversity visa would also be eliminated. *Individuals that were petitioned by their US citizen family member prior to the change of immigration law, will still be eligible to enter the US and adjust their status.

2. Bring illegal workers out of the shadows by giving them indefinite temporary status: All illegal aliens currently in the US wishing to benefit must register a year after the enactment of the law. After the enrollment period and after passing background checks, the immigrant may obtain a new “Z” visa. The Z visa is good for 3 years and may be renewed indefinitely every 3 years. In order to renew it the first time, the immigrant must take and pass an English/civics naturalization test. Each time the immigrant renews the Z visa, he must pay a $2,000 fine and a $1,500 processing fee.

The immigrant will not receive any Social Security tax payments made while working illegally. Also, Z visa holders are not eligible to receive any public benefits other than emergency care and elementary and secondary education. They may not petition any relatives and will be eligible to adjust their status to permanent resident after the visa backlogs are cleared. A fine of $10,000 will have to be paid prior to adjusting status to permanent resident and the adjustment of status will take place in the immigrant’s home country through consular process. Applications will be decided upon based on new qualifying factors and equities such as home ownership, people with health insurance, level of school success of children and applicants, learning English, etc.

3. Temporary Worker Program: The new “Y” visa would be created for temporary workers. The amount of available visas would change every year determined by market need. Non-seasonal workers would get the visa for two years then would have to return home for six months before applying for another Y visa. After returning home, the temporary worker would be able to get two more 2-year visas. In total, the temporary worker would be able to obtain three 2 year visas allowing him a total amount of time to work in the US of 6 years. He would have to leave the US for six months in between each visa. They may NOT bring their family members. The worker does not have to stay with the same employer. Seasonal workers would get a 9-month visa then would have to return to their home country for three months. Upon return to home country, seasonal worker may apply for another 9 month visa that is nenewable indefinitely going through the same process. Family members may NOT accompany the applicant. The filing fee for the Y visa application is $1,500.00 and employers must show that US workers are not available. Seasonal workers must stay with the same employer. If worker needs to change employers, must wait outside the US for at least one year. There is no cap on the number of agricultural seasonal visas. *Y visa holders cannot remain in the US after the 6 year period is over unless a green card has been approved, not just being processed. The Y visa holder would have to remain outside the US while applying for a Green Card and would compete against high-skilled workers in a new merit-based visa system.

4. Enforcement: New law would create an employment verification system for all workers. It provides for increased resources at the border and much greater fees for employers who hire unauthorized workers. Future attempts to illegally enter the US by foreign nationals would result in a permanent bar from entering the US.

This set of principles is a list of conclusions reached between the White House and the Republican members of Congress. It is not a law. However, it gives a very descriptive look as what the comprehensive immigration reform will require and provide. Most importantly, it gives you guidance as to what you can do today to avoid injury from these recently negotiated principles for the comprehensive immigration reform law.

About the Author:
Attorney Sonia M. Muñoz is the President of Immigration Legal Experts, Inc.,a South Florida-based law firm, handling cases in all 50 states and around the world. The firm is very active in protecting the rights of Immigrants and in assisting foreign professionals to legally enter and work in the United States. You can find more information about the Firm and different methods of entry into the US on their website at immigrationlegalexperts.com immigrationlegalexperts.com, or by calling 1-866-482-VISA(8472). Initial Consultation is FREE.

Authored by Sonia M. Munoz, Esq. Attorney and President of Immigration Legal Experts, Inc. For her CV and more information about her previous experience, seminars, and other published articles visit immigrationlegalexperts.com immigrationlegalexperts.com

Parents of children with special needs face unique and often troubling obstacles when attempting to financially plan for the future. Most often, these parents substantially rely on supplemental security income (SSI) benefits through the Social Security Administration, which helps to pay for treatments and necessary special needs programs.

The dilemma faced when planning for the child’s financial future is that an outright bequeath to a child will most likely disqualify them for public assistance, and the child is also most likely unable to care for themselves. Parents are often faced with the very real possibility of having to disinherit a child in order to preserve the child’s right to receive SSI benefits and other public assistance.

The main goal of an effective financial plan for a special needs child is to provide funds for living without limiting the child’s access to available benefits. A Special Needs Trust helps parents accomplish this goal.

The development of the Special Needs Trust arose because of the need for a vehicle that would enable parents to deal with various governmental restrictions on how it disburses benefits. This planning device is generally based largely on Social Security Administration guidelines which permit payment for certain services without negatively affecting SSI benefits or eligibility status. To achieve its goal in preserving public assistance eligibility, the Special Needs Trust must be carefully structured as a fund which supplements, without supplanting, SSI provisions for the child’s needs in areas such as housing, food and clothing.

As with most trusts, a Special Needs Trust requires four essential elements: (1) a corpus (the money or assets placed in the trust); (2) a beneficiary (the special needs child); (3) a trustee who distributes the funds and has discretion over such disbursements; (4) a purpose, often set out in the trust document, which guides how the funds will be distributed. An attorney experienced in trust creation and maintenance should be used in order to ensure that the trust document accurately and effectively accomplishes its goal.

The trust document must accurately describe the relationship between the corpus, the trustee and the beneficiary. In order to maintain its discretionary nature, the beneficiary must be kept from personally receiving the body of the trust for any purpose other that set out in the document itself. The trustee’s role is the most important aspect of the Special Needs Trust. When choosing a trustee, the settlors (parents) of the trust must elect a person of trustworthy character who will fulfill his or her fiduciary duties to the beneficiary. The trustee should generally be prohibited from giving cash to the beneficiary, as doing so could cause the cash to be considered income, affecting the beneficiary’s eligibility for SSI benefits. The most important element of a Special Needs Trust is the trustee’s absolute discretion in determining the timing and amount of distributions. The discretionary status of the trust is necessary in order to keep the beneficiary eligible for public benefits. While there is no formal mechanism to ensure that trustees uphold their duty to provide for the child, if it is found that the trustee failed to inquire as to the welfare of the beneficiary they may be held personally liable for their failure to inquire into the beneficiaries status.

See, Marsman v. Nasca, 573 N.E.2d 1025 (Ma. 1991).
Without absolute trustee discretion in making distributions, the trust corpus could be deemed income of the child, disqualifying them from SSI or Medicaid benefits (in Massachusetts, individuals who are eligible for SSI benefits are automatically eligible for Medicaid benefits). It is important to keep in mind that the purpose of the trust must be to add to and not replace existing governmental benefits. The trust document must explicitly instruct the trustee only to make distributions for items which are not covered by government benefit programs.

It is not necessary that a Special Needs Trust be created with funds sufficient to provide for care of the child over their entire lifetime, but at some point over the course of the trust this goal should be achieved. An experienced attorney with financial and estate planning expertise can help design the means to achieve this goal. With the assistance of an experienced attorney, there are several steps that parents can take to work toward adequate funding. Some potential strategies include (1) using the Special Needs Trust as a pour-over trust, with the trust to receive a portion of the parents’ estate on their death; (2) directing investment income into the trust; (3) placing real property into the trust as part of its corpus; and (4) encouraging family gifts to the trust, rather than directly to the child. There are many options available to the parents of a special needs child in order to ensure that the child is able to achieve adequate assistance over the course of his or her life. An experienced estate planner can advise any concerned parent of every option available and can help to achieve the most optimal and efficient vehicle for providing assistance to the child over the course of his or her lifetime.

This article was written by Nicholas J. Deleault, who write goldsteinandclegglaw.com estate planning articles for Goldstein and Clegg, LLC

Q: When a judge says “Objection Sustained,” or “Objection Overruled″ what does that mean?

A: It means that a lawyer has voiced an objection about a question or about some evidence that the lawyer wants to introduce. When the judge says “sustained” it means that the question is improper, or that the evidence cannot be used.

If you hear “Objection Overruled” it means that the lawyer can continue asking the question and get an answer, because the court has ruled that it’s a proper question, or that the evidence is proper and can be admitted. The judge is overruling the lawyer who objected to the offending question, and permitting the question.

Q: What is hearsay?

A: Hearsay is a word used to describe what somebody said to somebody else. It arises when a witness is on the stand, and is asked about a coversation he heard from someone else. “Mr. Jones told me that he spoke to Donald, and Donald said…” or “Mr. Jones told me that he didn’t have the photographs…”

Well why is this important? Because the lawyers for either side do not have the opportunity to question either Mr. Jones, or Donald, since they are not witnesses, and are not in court. Thus, it’s what someone has heard someone else say, and now tries to repeat it in Court.

How do we know that the statement is reliable if we cannot cross-examine the person who made the statement? How can we search for the truth of the statement if that person isn’t in Court? We can’t. Therefore that, in a general sense, is called hearsay.

There are many exceptions in law that permit different types of hearsay to be spoken or discussed at trial, and this article will not touch on those exceptions.

Q: What is a plaintiff and a defendant?

A: The real question is “Who is a plaintiff?”
A plaintiff is the term used to describe a person who brings a lawsuit (usually a civil suit, as opposed to a criminal lawsuit which is usually brought by a prosecutor).

A defendant is someone who has been sued.

Q: What is an examination before trial?

A: Although it sounds like a doctor’s exam, it’s not. It’s really a question and answer session with all the lawyers present, usually in a conference room at a lawyers office. This allows both sides to question all the people involved in the lawsuit to find out what they know, and what they remember about the events surrounding the lawsuit.

An examination before trial, also known in shorthand as an EBT, is also called a deposition. These question and answer sessions are done well before trial. The testimony is preserved since there is a coufrt reporter present to record all the questions and answers, and this is put into a booklet for all parties and lawyers to read.

Q: What does it mean when a lawyer asks for summary judgment?

A: It means that the lawyer feels his client’s case should be decided immediately, without any further testimony or evidence. It means that the lawyer feels there is overwhelming evidence in that lawyer’s favor to require the Court to short circuit the entire trial and render a decision at that time.

Attorney Oginski has been in practice for almost 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at oginski-law.com oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

When you own a copyright to a photograph, you have complete and exclusive control of how it is reproduced, displayed and distributed. These rights may be assigned, sold, transferred or given away. If you decide to authorize others to use your copyright, also known as licensing, you may want to consider the following items:

a) Who are you giving the rights to?

b) What specific rights are you granting?

c) Are you authorizing print and/or electronic rights?

d) If you grant electronic rights, what kind? CD? Web?

e) For what time are you granting the rights?

f) Will the rights be exclusive?

g) How will the rights be used? What market or industry?

h) What territory is covered by the rights? North America? English-speaking countries? Worldwide?

i) Are there any work-for-hire implications?

j) How will you be paid? By a flat fee? By royalties?

k) If paid by royalties, how will the royalties be calculated?

l) When will you be paid?

m) Will you allow certain alterations of the work in the use?

n) Will you require certain items with the usage? Copyright notice? Photo credit?

o) Who is responsible for loss, damage or theft of the work?

p) Do you want samples of the use?

q) Specifically retain all other rights to your copyrights - you never know what future usage technology will bring.

r) Make the license subject to being paid in full.

While licensing rights like those referenced above can be done verbally, it is best to put them in writing. You will minimize confusion, and you will have something concrete to rely upon if a dispute arises. To be sure that every important aspect of licensing is addressed, ask an attorney who is familiar with these issues to review the license.

Take my advice get professional help.
PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She’s represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. “88 Secrets to the Law for Photographers,” by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is photoattorney.com photoattorney.com

Year after year harassment claims dominate the news with big dollar settlements. Company’s names are tarnished and reputations are destroyed. And at the same time, company morale plummets, organizational trust is ruined and lives are changed forever. Why?

Why do claims continue? And why don’t some employers ever get it? The fact is, most employers do. More and more employers are taking the steps to ensure that harassment does not occur in their workplace. But for those who do not, the costs have the potential to destroy their company. Time after time I see in my consulting practice that when harassment and its associated behaviors are allowed to flourish, other problems follow, including low productivity, poor quality and service, and high absenteeism and turnover. Why? When employees are not treated with respect and dignity, when employees are not valued, then bad things happen. Morale declines, pride in work disappears, and company loyalty walks out the door.

Where harassment is not tolerated, where it is immediately addressed if it occurs—a clear message is signaled to all employees: we care. When employers take care of their employees, employees take care of their organization.

So what must organizations do to ensure that they have a harassment free workplace? There are five key steps to take:

1. Send the message loud and clear to all employees (and vendors, customers, and visitors) that harassment of any kind will not be tolerated here. And if it does occur, it will be dealt with swiftly and severely. Let me tell you a story of how this message was powerfully delivered by one of my clients. I had completed training a group of the company’s managers in sexual harassment prevention during their corporate retreat. The program was the last component of a long, three day program and this training was to be followed by a weekend of recreation. Before exiting, the Human Resource Manager met with me and the President to inform him that an employee in one of their out-of-state facilities had reported that she had been harassed by one of the managers. Upon hearing this, the President cancelled his well deserved round of golf, flew to the facility, spent the weekend investigating the complaint, and by Monday morning concluded the investigation, determined that the harassment did in fact occur, and terminated the offending manager. What a visible and powerful message the President sent to all—harassment will not occur in my company!!

2. Model respectful behavior. Position and power does not mean dominance and disrespect. Productive companies value and respect all their employees, regardless of their position or gender. They foster a culture that can best be described as egalitarian.

3. Train all managers annually on harassment prevention and investigation procedures. Educate all employees on harassment with a clear message that we won’t tolerate it, but if it occurs we will protect you and we will do something about it.

4. Have clear policy in place—and make sure that everyone reads it and understands it. There must never be any question in anyone’s mind about the company’s position and everyone must know what will happen if harassment occurs.

5. Train everyone in interpersonal communications and conflict resolution. Give employees the tools to address problems as they occur—but always provide them with a safety net if they can’t resolve the issue.

There is no place in the workplace for harassment. Employers need to get that.

Rick Dacri is an organizational development consultant, coach and featured speaker at regional and national conferences. Since 1995 his firm, Dacri & Associates has focused on improving the performance of individuals and organizations. Rick can be reached at 1-800-892-9828, mailto:rick@dacri.com rick@dacri.com, or dacri.com dacri.com.

As you hear and see over and over in the media, there are a lot of bizarre lawsuits filed in our country. So, what are the options when dealing with frivolous lawsuits?

Your Options with Frivolous Lawsuits

When talking about frivolous lawsuits, it is important to understand a few things first. Simply put, the question of what is frivolous is not as easy to answer as it may seem at first glance. We have all heard about the judgment against McDonalds for three million dollars for serving coffee that was to hot. In that case, however, the lawsuit was not frivolous per se. Instead, it was the judgment returned by the jury that was frivolous and way out of line.

In our justice system, practically anyone can file a lawsuit as long as they have the money to do so. It costs a couple hundred dollars depending on the location. In filing such a lawsuit, the person makes various claims against the defendant. If the claims are so outlandish as to be considered frivolous, the court does not deem them illegal. Lawsuits are a matter of civil law, not criminal law. In short, a civil lawsuit decides fault, not whether something is illegal.

While a judge will not rule a frivolous lawsuit to be illegal, he or she can take another step. As the case proceeds, the defendant can file a motion called a summary judgment. In that motion, the defendant argues that even if all the facts supported by the evidence offered by the plaintiff are presumed to be true, the defendant still has done nothing wrong. If the judge agrees, the lawsuit is over. Depending upon the state, the judge may also be able to award costs and fees to the defendant. The defendant, however, has another bullet in his arsenal.

Upon successfully defending a claim, a defendant has the option to file a malicious prosecution lawsuit. These are sometimes called “slap” lawsuits in certain states. In such a lawsuit, the defendant argues that the plaintiff filed a frivolous lawsuit for the pure purpose of harassing or causing the defendant to spend money on attorney fees. If the defendant is successful in bringing the claim, he or she can often recover the fees spent on an attorney and other damages dependent upon the relevant state law.

Frivolous lawsuits are a fact of life in our modern society. A determined defendant in a civil lawsuit, however, has the ability to turn around and come back at the plaintiff for filing them.

Gerard Simington is with