Archive for June, 2007

Test and Tag Regulations Queensland

Saturday, June 30th, 2007

All electrical equipment in the workplace must be regularly tested and tagged to determine whether the appliance is electrically safe for use. The testing requirements for the electrical equipment given in Part 5 Division 5 of the Electrical Safety Regulation 2002 depend on the equipments working environment (as defined in Section 83). Part 5 Division 5 specifies the testing intervals for class 2-4 equipment. For Class 1 equipment, the interval stated in AS/NZS 3012 Electrical installations - Construction and demolition sites. These requirements are detailed below.

Equipment used for construction work (Class 1 work as defined in Section 83)

Section 87 requires that all electrical equipment is tested and tagged in accordance with the requirements of AS/NZS 3012 - Electrical installations— Construction and demolition sites.

Equipment used for assembly, fabrication, installation, maintenance, manufacturing, refurbishment or repair work (Class 2 work as defined in section 83)

Section 90 requires that all electrical equipment in this class must not be used unless it is tested by a competent person in accordance to AS/NZ 3760 : 2003. If the equipment is double insulated the appliance must be tested at least every year. If the equipment is earthed then it must be tested at least every 6 months.

If the equipment is safe to use, a durable tag must be attach immediately to the equipment that clearly shows the date the equipment is to be retested. If the appliance is deemed not safe to use, a durable tag must be immediately attach to the equipment that warns people not to use the equipment and immediately withdraw the item from use.

Equipment used in Class 3 and 4 work

Class 4 work means office work, Class 3 work is anything other than that included in the other classes. For example, equipment used in class rooms would be subject to the Class 3 requirements.

Section 93 requires that specified electrical equipment in this working environment tested and tagged by a competent person. If the equipment is only used for Class 4 work it must be tested at least every 5 years and in class 3 work tested at least once every.

The definition of specified electrical equipment for class 3 and 4 work includes a proviso that the equipment is ‘moved during its normal use for the purpose of its use’ (Section 83 (b)(iii)(C)). This means that items of equipment that are not moved during their normal use are not subject to the testing requirements. For example a vacuum cleaner used to clean an office or a kettle in a tea room would be moved during its normal use and would require testing and tagging. On the other hand a desktop computer in an office is not moved during its normal use therefore exempt from testing and tagging

Competent Persons

A competent person is someone who has acquired the knowledge and skill to perform the task. This knowledge needed can be obtained through training, qualification or experience that means the competent person does not need to be a licensed electrical worker.

The regulations also state that, while a ‘competent person’ may test and tag their employer’s appliances without needing an electrical licence, they do need at least a restricted electrical contractors licence if they wish to test another company’s electrical equipment.

Advice to Employees

All appliances in class 1 and 2 work and appliance that are moved during normal use in class 3 and 4 must be tested and tagged in accordance to AS/NZ 3760 : 2003. If this is not the case in your workplace, you as an employee, should approach your employer and request that this be done as soon as possible. If it is not done, then the employer is breaching his/her duty under Division 5 of the regulations.

All Safe Test and Tag is your No. 1 resource for all your electrical testing and tagging queries. We at All Safe are dedicated to providing only factual information about the AS3760 and portable appliance testing to ensure you are fully informed to make you workplace a safer environment.

allsafett.com.au All Safe Test and Tag | Electrical
Testing and Tagging Resource

Consumers - Fight Back With FTC’s Do Not Call Registry

Saturday, June 30th, 2007

The Federal Trade Commission has rolled out it’s National Do Not Call Registry and the registration site already has over 700,000 registrants. This is great news for consumers who have grown tired of annoying sales calls by pesky telemarketers.

Consumers can register online at www.donotcall.gov.

You can register up to three personal phone numbers at one time. This is a free service established by the FTC and your “do not call” registration is good for a 5-year period.

Additionally, a toll-free number is also available for those who want to register by phone. The toll-free number is 1-888-382-1222. You must call from the phone number you want to register when using the toll free registration service.

The toll free number is only accessible to those states west of the Mississippi River in the initial week of registration. The program will spread nationwide the following week.

Telemarketers will be required to “clean” their call lists by matching their list against the national “do not call” list every 90 days starting in September 2003.

Companies who call listed people will be subject to fines of up to $11,000 per violation. Enforcement will begin in October 2003. You will be able to file a “do not call violation” complaint online or by phone.

Over two dozen states already have their own “do-not-call” lists and most of these states plan to incorporate their lists into the national registry. If your state is one of them, you do not need to re-register for the national registry.

CAUTION: There have been reports of scam artists and identity thieves calling people to request or confirm personal information for this new registry. The FTC has posted this warning to consumers on their web page:

“The FTC will not allow private companies or other such third parties to “pre-register” consumers for the national Do Not Call registry. Web sites or phone solicitations that claim they can or will register a consumer’s name or phone number on a national list – especially those that charge a fee – are a scam. Consumers will be able to register directly with the FTC, or through some state governments, but never private companies.”

Consumers should also be aware that some types of telephone solicitation are exempt from the do-not-call protection. Companies from which you have purchased, leased or rented from in the previous 18 months are exempt. Also charities, surveys, and calls on behalf of politicians will be exempt from this service.

The National Do Not Call Registry does not cover business to business calls.

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California Lemon Law Complaint Forms

Saturday, June 30th, 2007

California Lemon Law is a collective term that represents various legal codes. These are broadly prescribed by the Civil Code Section 1790-1790.4 - (Song-Beverly Consumer Warranty Act) and Civil Code Section 1793.22 - (Tanner Consumer Protection Act), statutes by the California Attorney General’s Office and others.

Once an attorney has told you under which code your case falls under, you will need to gather the documentation for your vehicle’s defects. These documents should describe the problems with transmission, brakes, paint, engine, electrical fixtures, etc. in detail. You will also need a repair invoice history, a service record, the paperwork related to the original purchase of the vehicle (particularly the sales contract), the vehicle’s owner manual and the warranty covering it.

You will then have to fill out a questionnaire/interactive complaint form from the Californian Motor Vehicle Warranty Rights Act department. After this is submitted and approved, you will receive a form that outlines eligibility parameters. If you have hired an attorney, most of the paperwork is processed by the law office.

To initiate the process of a claim under the California Lemon Law, your attorney will need to draft a demand letter to the manufacturer. This will inform the manufacturer that you are initiating a legal process for breach of express and/or implied warranty. A copy of this should be sent to the Consumer Affairs Department and/or Attorney General.

The forms that will eventually need to be filled may include the:

• Office of Consumer Protection Complaint Form

• Lemon Law Complaint Form

• Generic online complaint form (to be downloaded, filled out and submitted to initiate a claim under California Lemon Law.)

• Forms to outline the purchase and repair history of the vehicle, also downloadable.

All forms should also be available at the:

• New Motor Vehicle Board - www.nmvb.ca.gov

• Department of Consumer Affairs Bureau of Automotive Repair

• Department of Motor Vehicles Bureau of Investigations - www.dmv.ca.gov

• Local District Attorney’s Office

• Office of the Attorney General, Public Inquiry Unit - www.caag.state.ca.us

e-californialemonlaw.com California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with i-lemonlaws.com Boat Lemon Laws.

Is The United States Legal System Broken?

Saturday, June 30th, 2007

The legal system in the United States was established to help ensure a fair trial for everyone. However it does appear that the legal system that was instilled to protect everyone has turned into a circus in many areas. For example the amount of frivolous lawsuits that tie up the courts have gotten out of control. You see cases on the docket for spilled coffee and for jilted lovers wanting compensation.

The problem with a broken legal system in the United
States is it continually costs tax payers more money. Mistrials, delays in processing, appeals, and wrongful convictions all bring the loopholes and problems with the United States legal system to the forefront.

There is also plenty of controversy with high profile cases. It is amazing how evidence can be “misplaced” when the cost is high for a celebrity or other person with money. Many people lost faith in the United States legal system after the O.J. Simpson trial. It is often the poor people and the middle class who suffer the most from the broken legal system in the United States.

The quality of the attorney you are able to hire plays a huge role in the defense you are able to build. While everyone is allowed legal counsel, even those that can’t afford it, the cost of it generally means they have to settle for a public defender. Even if they have good skills their caseloads are simply too high to put too much time into any one case. That puts the client they represent at risk.

Everyone has their own opinion of the United States legal system. Most people believe that it is broken in some areas but it does serve the general public in most cases. However ask any one man or woman who has been wrongfully convicted and they will tell you justice has not been served for them or their families.

The united states legal system is not broken. At bolinskelaw.com bolinskelaw.com Bolinske and Bolinske Lawyer Firm we help our clients get justice.

Taxi ‘Recap’ - The Short Version; Part 1

Friday, June 29th, 2007

For the record, here is a précis of the brief I received:

“Please write an article on the taxi-recapitalisation programme…what it really entails and why taxi operators are up in arms about it, probably for the March 2007 issue, although it’s quite topical now. By then, some progress will hopefully have been made. “It should discuss why and when the programme was introduced, implementation date, cost to government and taxi operators, operators’ response during this time (last week of Nov ’06) and the chaos and violence caused on the roads, etc; where progress with the programme will stand by January/February and the road forward. Negative comments by experts infer that the programme treats the symptoms and not the causes: lack of driver training, non-roadworthy vehicles, overloading, ineffective policing, etc.”

N B: All the quotations in boxes come from an address by the Minster of Transport to Top Six Management Ltd, August ’05.

Forgive me my levity, but herein lies an entire research project and a history that dates back to the early ’50s. I don’t have all the answers to hand and won’t be taking six months to assimilate them. Taxi violence, though, has been with us for two decades plus and the taxi industry has also taken considerable blame for the train violence experienced during the ’80s.

“Deregulation of the transport sector in the late 1980s brought its own problems. This has seen destructive competition among taxi operators, as well as self-regulation by the taxi industry.”

My collection of 66 news clippings from 2005 (and a filed copy of the Minister’s speech) exists because I proposed a research survey on what taxi drivers and operators actually understood and thought about the process. At the time, research funding for Transport/Traffic/Road Safety was completely discontinued. Taxi operators are still striking a year later, which, I believe, says something about government’s understanding and perception of feelings on the street.

“Taxi associations and their members have become…protective of their turf…impeding access to lucrative routes and ranking facilities to…operators from rival associations…this has resulted in conflict within the taxi industry.”

At its inception, during the mid-’90s, ‘taxi recap’ was considered a ‘done deal’. It still is. The only real problem with that appears to be the refusal of the industry to do, without question, exactly as it’s told to do. ‘Done deal’ or not, doing takes a lot longer than planned!

Space allows only a rough explanation of some of the factors leading to the present, but there can be very few South Africans who have managed to play ‘ostrich’ efficiently enough to have ‘taxi recap’ pass overhead, unnoticed. By virtue of their profession, the traffic fraternity should already have, at least, a vague understanding of the processes involved.

Potted history

By the late ’50s, the black taxi industry was already a reality in Alexandria and Soweto. The vehicles generally used to transport paying passengers were large sedans of the Cadillac/Valiant variety. The industry may initially have begun when one Mr Big Shot, extremely-proud-second-hand-vehicle-owner, realised that running a car costs far more than polishing it and watching it stand idle.

In a world where few families owned a second car, and most people relied on public transport to get to and from work (bus and train services were not much better then, than now), most jobs required daily trips to a common destination. Suburbs and townships were residential facilities only. Industry and business knew its place – in the heart of city centres – and presented the practical possibility of car ‘pooling’ to share commuter costs.

The original minibus taxis were second- or third-hand VW ‘Combis’ that had risen to fame in the flower power era, when students could live, love and lubricate from interior foam mattresses. They were then discovered by those mums whose sole, practical, out-of-home function was to negotiate the daily school taxi rounds. Once they moved on, by the late ’70s/early ’80s, a pay-per-person ‘khaya’ taxi industry became a reality.

“There is no doubt that the aging and unreliable taxi fleet poses serious problems and challenges, not only to the commuters, but to the operators as well.”

Entrenched industry

Initially, trips were over short distances, but later, long-distance passengers began converting from train for their bi-annual trips back to rural villages and different provinces. Taxis would be stacked high with cases, bags, mattresses, furniture and animals (for slaughter); luggage that would have been rejected by rail authorities – and voila! South Africa had found its very own, unique, distinctive, mode of transport.

“The taxi industry was able to take advantage of the gaps in the formal public transport system, and positioned itself as the public transport mode of choice.”

While it is true that Apartheid showed far too much concern about what was actually carried in minibus taxis (regular, road-block army searches uncovered an endless supply of weapons during the ‘struggle’ years) it virtually ignored the industry’s core function: transporting people.

“The apartheid government did not view the taxi industry as part of the formal public transport system, and denied it access to the subsidy and other forms of support.”

Train and bus services were invidiously replaced by taxi services, especially as industrial and business areas mushroomed across the landscape, suburbs and rural areas. It became too much trouble for the authorities to run several different public transport routes, and the more easily maneuvered taxis serviced a desperate market. Long-distance rail services became obsolete, although a vicious war between short-distance rail, bus and taxi commuter services was declared.

Violence on trains and buses forced passengers to patronise the taxi industry and wherever sufficient custom could not be found to fill the cabs, it seemed that shots were sure to follow…drivers and associations apparently poached each others’ territory and were merciless to the paying public. Probably as many people fell off trains, as fell into SAP/army hands.

“Transport deregulation was the root cause of the so-called taxi wars that ripped through the industry and our society during the 1990s.”

Come 1994, with stability and optimism top-of-mind, our new political minders showed a worthy determination to regulate all those areas of concern that had been previously neglected. And what better group could there be to effect change?

The ANC had overthrown an entire nationalised dynastic policy; its populace was wildly delighted with the party’s overwhelming success and bubbled with approval. Who better to invoke new rules of law? During the initial post-1994 honeymoon period, all appeared quite quiet on the taxi front. Had the governing party moved quickly, they may have found transformation really easy. But they delayed.

I guess they just didn’t realise that their ‘freedom’ would be compromised by regulation. And once they realised, they didn’t particularly like it. (My personal theory is that our revolution is still alive and well: military rule so often crushes resistance benevolence allows dissention to carry on thriving.) Concerned citizens, although somewhat slow to digest the enormity of the possible consequences that the original taxi recap plan conveyed, now continually voice their objections, in a manner that gets results.

“It is important for the industry to appreciate that self-regulation breeds conflict and will never assist anyone to achieve the goals that we have set ourselves as a collective.”

Initial plans

While the initial taxi recap plan doubtless intended to improve travel for the average citizen, certain features of the plan were so astounding, it is amazing that it managed to find its way onto paper without serious, public contention and outcry. How any free-market country could seriously believe itself entitled to dictate which brand people are entitled to buy and which bank they are entitled to borrow from, is ludicrous, but that’s how it all began.

Many people still believe that proposed kickbacks were at the core of the initial thinking. The Sheik/Zuma arms-deal affair confirms these suspicions and many people still question other ‘deals’ made by Transport during that era.

“The main objective…is to assist taxi operators to replace their ageing fleet with new taxi vehicles that meet certain Safety Requirements, as published by the Government.”

DoT, having set specifications to improve safety conditions (overloaded, top-heavy taxis were inclined to roll easily and had no seatbelts, for instance) proposed putting the replacement vehicles out to a limited number of manufacturers for development, via a tender process. The war was on and at least one manufacturer went insolvent competing with the ‘big guys’ for the pleasure of government’s business.

“I am confident that working with the industry, the banks and manufacturers, we will be able to ensure that the new vehicles are affordable to the average operator.”

Thankfully, it was later decided to adapt and allow all interested manufacturers the opportunity to develop vehicles that met the specifications, and to allow taxi operators to decide for themselves which brand to buy and which bank package to contract to. Since manufacturers could no longer be sure of the numbers involved, prices, also always at the mercy of the economy, rose accordingly.

Specification changes occurred at intervals along the way: only diesel-powered vehicles are now acceptable, for instance, to help contain the high volume of crude-oil imports. The motor industry is committed to the success of the programme, but then, why wouldn’t they be? There are high profits to be made…

Originally excluded by virtue of specification drawbacks, Toyota again entered the field with a model by the name of ‘Quantum’. Since this will probably keep Toyota’s hi-jack figures sky high, the challenge to find a suitable nickname is on: ‘Quantum’ could refer to ‘How much?’ (free, if hijacked) or ‘How many? (can be squeezed inside).

“Government will endorse initiatives aimed at ensuring that the taxi industry develop business interests in sectors such as petroleum, financial sector, vehicle manufacturing, and wheel and tyre sectors and [others] where suppliers benefit from the taxi industry.”

The SA National Taxi Council (Santaco), doubtless ANC aficionados with struggle affiliations, put their money and faith into the Russian 16-seater GAZelles. These were initially sold for R179 900 VAT inclusive, but appear to have cost their 3 000 to 5 000 new owners dearly.

Labelled ‘death traps’, there are concerns as to how they passed SABS specification checks and are said to spend more time off the road than on. Who’s biting the bullet now, Santaco? Or must Gorky, GAZ SA and McCarthy face the firing squad on account of the vehicle’s fourth recall (deadlined for March 2007)?

Tata and Mahindra also joined the race and access to Indian spares will hopefully be better than to Russian ones. Whatever the make, model or specifications of new vehicles, if they are regularly overloaded, not suitably regulated/enforced, are not driven competently or maintained well, their ability to keep death off our roads will be nil and we can expect to experience déjà vu once their warranties expire.

Safety first

“Our interactions with commuter organisations indicate that commuters are as much concerned about their own safety and the unroadworthy nature of most of the taxi vehicles.”

When results of a survey into household transport usage were tabled in Parliament (September 2005) distressing levels of dissatisfaction with all three major public transport modes, were revealed, with the minibus taxi industry labelled the worst offender. Of the nearly 2.5-million people who regularly commute to work, by taxi, 30% appear to regard their personal safety (due to crime, bad driver behaviour, or motor accidents) to be at serious risk.

“The most critical and immediate challenge facing the taxi industry is safety. Government has a major role to play in this regard.”

As a virtually immediate (for government) result, the taxi industry sped into 2005 at a reduced speed limit of 100km/h. This aimed to reduce the high percentage of people-carrying vehicles that are involved in fatal crashes. By August of the same year, the ‘big possibility’ of advanced driver training for taxi drivers was revealed by Santaco.

Of which, not one word more has appeared in the media, since! Also dropped from the wish list, was a national electronic management system: declared ‘too advanced’ for the still-developing world. This single omission appears incredibly relevant to the original objective of regulating the taxi industry.

Without efficient regulation, it has become notorious for anarchy, instability, corruption and mafia-type operations around lucrative routes. Curbing the free-for-all is essential. If the process compromises our national devotion to ‘African’ time, disregard for pre-arranged obligations, total onus for regulation and enforcement immediately reverts to the traffic officer on the ‘beat’.

“…it is the duty and responsibility of Government to ensure that all public transport operators, not only taxis, observe the rules of the road at all times and show respect to other road users.”

It is this lack of effective regulation that causes violence to punctuate the industry’s effectiveness. The job functions of traffic authorities make it impossible for them to curb taxi violence. Officers do not go out in large numbers, as a fighting force, with protective shields and in military formation. They are easier to pick off, one by one, than stray mosquitoes in the midday heat.

And they know it! It’s not what they signed up for. Expecting an isolated traffic officer to deal with organised crime is a bit like sending a girl guide into a war zone to effect peace. (Sorry, Guys no offence meant). The military structure, through which they deliver, does not make them an effective hit squad!

The scrap metal deal

“I wish to also address concerns of many taxi operators that the › 000 scrapping allowance will be inadequate for them to be able to purchase new vehicles.”

Transport has seen a turnover of three Ministers: Maharaj, with the vision, Omar, who appeared to delay and Radebe, who has determined to play out the scenario. Much of the delay was caused by the high budget needed to accomplish the deed and the ‘recap’ budget, together with additional resources of R885-million, to improve traffic law enforcement, was finally granted, in Parliament in February 2005.

Since the original figure of R100 000 per scrapped vehicle was touted, it has been halved. Either the taxi ‘park’ has grown (doubtless) or the number of taxis had been miscalculated. Ten years on, vehicle prices have risen more than most of us imagined. The delay in delivery has caused the media to wonder whether Transport had “bitten off more than it could chew” (when R7.7-billion was approved by cabinet in August 2005).

“…at the same time enabling other taxi operators whose vehicles could be impoundment due to unroadworthiness to remove their vehicles from our roads…”

A R250-million allocation was to be used to establish ‘scrapping’ systems in 2005, deputy director-general of public transport at National DoT confirmed in March of that year. He later (it was whispered) succumbed to death threats from within the taxi industry and moved on, but not before the minister and Santaco had confirmed their readiness to begin the process by April, after the tender had been allocated.

We were also assured that most of the aging taxi fleet would be “history” before the 2010 World Cup. One April, I am told, is very much like another, in the world of politics. It was November 2006 before the first token taxi was symbolically, and very publicly, crushed beyond repair (a very difficult thing to do to a taxi, notorious for remaining on the road minus several, generally considered essential, moving parts).

“These operators will be expected to register…their intention to exit and voluntarily surrender unroadworthy vehicles in exchange for the › 000 scrapping allowance.”

The intention has always been to reduce the taxi fleet to less than 100 000, thus preventing ‘overtrading’ on lucrative routes. The scrapping allowance, although promoted as an incentive to drivers to renew their vehicles, was not necessarily intended to allow those with limited means to trade up.

There was also the possibility that large operators would consolidate their scrapping allowances and either invest the hard cash or use it to enter other industries. There has been continual unrest from drivers who believe their futures to be insecure and if and facts, figures or statistics have been presented to reassure them that they will still have jobs, after the fact, they have completely passed me by.

Initially completed a graphic design diploma and worked for 25 years in:

Print media – e.g. Natal Mercury, Fair Lady and RP stable (Art Director of Darling magazine and of Style magazine).
Advertising – e.g. Grey, Phillips, Bunton, Mundel & Blake, BBDO Health & Medical, Freedman & Rossi. Also freelanced for all major Johannesburg advertising
Design studios – e.g. Grey Action. Also freelanced for Paton Tupper, Bates Direct, FCB Direct.
PR, promotions and experiential marketing – Acuity Group.

After completing a bookkeeping and accountancy diploma, I worked for CIA International in the field of credit information, in sales, service and marketing.
Strategy, planning, co-ordination and communication for the initial Arrive Alive campaign at the Department of Transport, in Pretoria, from 1997-2000.
I opened my own business in 2002 and became an associate of the IIB in January 2006, as a business consultant to SMEs:

marketing and communications
writing commissioned articles
editing and proof reading
market research and social-science research and

How to Estimate the Value of Your Personal Injury Settlement

Friday, June 29th, 2007

In most cases where you are a victim of a personal injury that is the fault of another, you are going to receive a settlement offer prior to going to court. There is a good reason for this. If you are a resident of Massachusetts, there are going to be a long list of Boston personal injury attorneys more than happy to see your case go to court. It is also going to be that same Boston personal injury attorney who will gain the most from a protected court case. The attorney fees will take a serious amount of the ultimate settlement.

However, just because you are able to avoid going to court and have been offered a settlement does not mean you have no need for a Boston personal injury lawyer. Boston personal injury lawyers are also going to be of great assistance in the important task of estimating the value of your settlement. This is something that you are not really wise to attempt to do by yourself. It is very much like filling out a rather complicated tax form. The tax specialist will be aware of all of those little known deductions that reduce your tax liability. Personal injury settlements are the same. There is a record of prior settlements that can be studied as guidelines, and only an expert will be able to insure that you are getting everything that you deserve.

Like the little known tax deductions, there are often things that a normal person might fail to take into consideration when estimating his needs over the life of the settlement. These might include such things as the cost of additional medical treatments or special nursing arrangements. Other factors that are often overlooked include replacement of lost income and the need for retirement planning. The tax liabilities of the settlement proceeds are also important. It is necessary to insure that the settlement provides for all of these things completely. One pitfall of life settlements that is often overlooked is what happens should you die shortly after the settlement. Does the settlement payments cease in this case? How will payments to your estate or beneficiaries be handled?

These are questions that an attorney your attorney can answer. There is a great danger in personal injury cases that the amount of money offered in the first attempt at settlement might appear to be very tempting. It is often more money than you have ever had at one time, and the first impulse is to grab it. It is important to remember that you have your whole life to consider, and possible a family that depends on you despite your injury. Hire and attorney and make the right decision.

Natalie Aranda writes about family and laws. In most cases where you are a victim of a personal injury that is the fault of another, you are going to receive a settlement offer prior to going to court. There is a good reason for this. If you are a resident of Massachusetts, there are going to be a long list of

How To Verify An Expert’s Credentials

Friday, June 29th, 2007

Experts, sad to say, are not always honest about their credentials, as several recent news items confirm. Knowing how to verify the background of an expert – whether yours or your opponent’s – could prove critical to your case.

In perhaps the most dramatic recent example, a New Orleans federal judge threw out a jury verdict in favor of pharmaceutical giant Merck &amp Co. after a cardiologist who testified for the defense in a Vioxx trial was found to have misrepresented his credentials.

A few weeks earlier in California, a man who fraudulently passed himself off as a computer forensics expert in two cases pleaded guilty to federal perjury charges. In Toronto, a psychiatrist had his license suspended after lying about his credentials while serving as an expert witness in two trials.

These cases illustrate why it is crucial for trial lawyers to confirm that an expert is all he claims to be. Vetting an expert’s credentials should be a key step in your trial preparation.

Major legal research services provide many tools for checking an expert’s background, from public records databases to deposition banks. But these major services can be expensive to use and still leave bases uncovered.

At the same time, the Web harbors a variety of resources and tools that contain potentially valuable information but that many lawyers overlook in researching an expert’s background.

Yes, we all now know to check Google, but this article looks at some of the lesser-known – and mostly free – research tools you may be bypassing. Of course, these Web tools are neither foolproof nor exhaustive. No Web site can substitute for using a reputable expert-search service.

WORDS CAN HAUNT YOU

The old adage, “What you say may come back to haunt you,” has never been more true. With millions of people posting to blogs and participating in Internet discussion groups, we are creating permanent records of our words and thoughts – like it or not.

In light of this, the blogosphere should be among your first stops in researching an expert’s background. Does the expert maintain a blog? If so, has he said anything there you might regret. Has he posted comments to others’ blogs. Have others written about him, positively or negatively, on their own blogs?

The best tool for searching blogs is Google Blog Search at blogsearch.google.com. Like Google’s Web search, it is comprehensive and up to date. You can sort results by date or relevance, and you can search blogs in multiple languages.

A close second for searching blogs is Clusty at blogs.clusty.com. Clusty is not a search engine – it does not crawl or index the Web. Rather, it is a metasearch tool that calls on other blog search engines, extracts the relevant information, and then organizes the results into a hierarchical folder structure – which it calls “clusters.” With this unique approach, it provides results that are both comprehensive and usefully organized.

Another source of potentially damaging comments by or about an expert is the Internet’s many news groups and discussion lists. To find postings someone made to one of these, search Google Groups at groups.google.com. It hosts a variety of current groups as well as an archive of more than 750 million Usenet postings dating back to 1985.

As podcasts become more popular, they also should be included in a background search. Perhaps the person you are researching said something pertinent in a podcast or was the subject of someone else’s podcast comment. Several sites claim to search podcasts, but most of these actually search only the accompanying text – the title, description, author and any metadata – but not the audio file.

A handful of tools now enable you to search the full spoken text of podcasts. One of the best is Podzinger at www.podzinger.com. It is based on speech-recognition technology developed for U.S. intelligence to monitor foreign television and radio broadcasts. It uses this technology to create a textual index of the audio data in any Ṃ or WAV file, converting the spoken words into searchable text.

NETWORKING SITES

Where professionals once networked at cocktail parties and civic events, today you are more likely to find them connecting through any of a number of networking Web sites. The most popular at the moment is LinkedIn at www.linkedin.com where members post information about their careers and their connections and share mutual recommendations. If your expert is listed on LinkedIn, read his profile carefully. How does his listing compare with what he has provided to you? Also, look for references from others and examine his network of connections for any that might help either verify or call into question his background.

Other business networking sites include Ziggs at www.ziggs.com, Ryze at www.ryze.com, and Orkut at www.orkut.com. Of course, be sure also to check personal networking sites such as MySpace at www.myspace.com and Facebook at www.facebook.com.

CORPORATE RECORDS

Anyone researching a publicly traded company would know to check the U.S. Securities and Exchange Commission’s EDGAR database at www.sec.gov/edgar.shtml. But fewer think to search EDGAR for information about individuals, even though it may contain a wealth of information. Corporate filings can provide information on an individual’s business affiliations, employment arrangements, investments, and more. Even an individual’s education and employment history can sometimes be tracked through EDGAR.

If the expert works in the securities industry, two databases worth checking are NASD BrokerCheck at www.nasd.com/InvestorInformation/InvestorProtection/NASDW_005882 which provides information on the professional backgrounds of current and former NASD-registered securities firms and brokers, and the National Futures Association’s Background Affiliation Status Information Center (BASIC) at www.nfa.futures.org/basicnet which does much the same for registered futures dealers.

HISTORICAL WEB

Web sites change over time. If your expert has a Web site, what it says today may differ from what it said five years ago. The best way to track historical changes in someone’s Web site is through the Internet Archive’s Wayback Machine at www.archive.org. Here, you can find an archive that captures historical snapshots of sites. While not exhaustive, it is likely to have at least some pages showing earlier versions of a site.

PUBLIC RECORDS

Any number of major research systems sell access to public records. These include LexisNexis at www.lexis.com, Westlaw at www.westlaw.com, ChoicePoint at www.choicepoint.net, and Accurint at www.accurint.com. But many public records are now available online for little or no cost. A variety of Web sites help direct you to these online sources of public records.

One of the best is Search Systems at www.searchsystems.net with links to nearly 40,000 sources of public records on the Web. It includes links to sources throughout the world, although the greatest number of sources are in the U.S. and Canada. Not all sites listed are free, but the site clearly marks those that are not. Among the listings: professional license registrations, corporate records, marriage notices, UCC filings, deed registries, birth and death records, lobbyist listings, physician disciplinary proceedings, and much more.

Other sites that provide directories of public records and information include:

Virtual Gumshoe at www.virtualgumshoe.com: A good collection of Web resources for public records research.
Public Records Online Directory at publicrecords.netronline.com: Links to state and municipal sites, with an emphasis on real estate, tax and vital records sources.
Merlin Information Sources at www.merlindata.com/industrylinks.html: Links to resources for finding public records and public information.
Black Book Online at www.blackbookonline.info: A free public records site targeted at private investigators, skip tracers, government investigators and others. Good collection of links and descriptions.
BRB Publications at www.brbpub.com: provides a fairly comprehensive, state-by-state list of free public records sites, as well as an index of national sites and another for Canada and U.S. territories.

SOCIAL SECURITY NUMBERS

Due to privacy concerns, it is difficult to find social security numbers on the Web these days. But you can easily verify that a number is valid and belongs to a living person. Enter a number in The SSN Validator at www.ssnvalidator.com and it will tell you whether the number has been issued, in which state it was issued, when it was issued, and whether any death claims exist against the number. It will not tell you the identity of the holder of the number.

PROFESSIONAL CREDENTIALS

To check a medical doctor’s license, DocFinder at www.docboard.org/docfinder.html provides a database of license information for participating states. For states not included in the DocFinder database, the site provides links to their own license look-up sites.

Most states now have sites for verifying a lawyer’s bar admission. In Massachusetts, for example, it is at massbbo.org/bbolookup.php. You can find these for other states through the state government Web site. A new site, Avvo at www.avvo.com rates lawyers based on publicly available information and compiles client reviews and disciplinary sanctions.

DOCKETS

Is your expert a party to pending litigation? To find out in federal court, check the U.S. Party/Case Index at pacer.uspci.uscourts.gov. This is a national index of parties and cases for U.S. district, bankruptcy and appellate courts. It is updated nightly. Use of it requires a PACER account. Not all federal courts participate, but the site includes a list of those that do not.

A service with much the same information that requires no account is Justia’s Federal District Court Filings & Dockets at dockets.justia.com. This free, searchable resource contains information on recently filed U.S. district court civil cases. The database includes cases filed since Jan. 1, 2006 and can be searched by party name, court, and type of case.

Another low-cost option for searching federal court dockets is Who′s Suing Whom at www.tlc-i.com/texis/tmp/litcaseҁ. A private translation and interpretation services firm offers this tool for searching patent, trademark or copyright cases pending in federal courts. Search by case type and party name, court, state or date to find basic case information. There is a charge to retrieve full-text court dockets.

VITAL RECORDS

Vital records – birth, death and marriage certificates and divorce decrees – are increasingly available free online through state and local government sources. Vital Records Information at www.vitalrec.com tells where to find them anywhere in the U.S. It lists sources for each state, territory and county, and most cities and towns, along with contact, fee and ordering information. For records outside the U.S., the site lists links to foreign vital records sites. This straightforward site is designed with a nod towards genealogy, but it is one many lawyers are sure to find useful.

EXPERT WITNESS RULINGS

The Daubert Tracker at www.dauberttracker.com is a Web site developed specifically to help lawyers track cases involving the admissibility of expert testimony and, in particular, find out how specific experts fared in the courts. Its central feature is a database of all reported cases under Daubert and its progeny, trial and appellate, backed up when available by full-text briefs, transcripts and docket entries. Part of what makes the site unique is that it links cases to experts. Even if the expert is not named in the court decision, the site’s editors track down the expert’s identity.

A year subscription is $295 or you can purchase a two-hour session for $25 or a half-hour for $10. For free, you can search the site’s collection of more than 10,000 briefs and other supporting documents from both appellate and trial courts relating to expert witness testimony. If you find a document you are interested in, you can also view the first 10 percent of it free. If you decide you want to purchase the complete document, the cost is $15 for non-subscribers and $7.50 for subscribers.

WRITINGS

In vetting an expert, it is important to confirm authorship of listed works as well as to search for any unlisted works that could be relevant or embarrassing. Two essential resources to check for published works are the Library of Congress Online Catalog at catalog.loc.gov and the records of the U.S. Copyright Office at www.copyright.gov/search. Of course, it also makes sense to check Amazon.com at www.amazon.com and Barnes & Noble at www.barnesandnoble.com.

An increasingly popular resource for scholarly publications is the Social Science Research Network at www.ssrn.com. This international collaborative is home to scholarly research covering more than 400 subject areas. It contains abstracts of more than 150,000 working papers and the full text of well over 100,000 published papers. This makes SSRN an essential source for researching an expert’s published papers.

Another useful source is ISI HighlyCited.com at www.isihighlycited.com. This site provides profiles and bibliographic information for the most highly cited researchers in 21 broad subject categories. For listed individuals, the site provides biographical information – including education, faculty and professional posts, memberships and offices, current research interests and personal Web sites – as well as a full listing of publications, including journal articles, books, and conference proceedings.

OTHER

The U.S. government maintains any number of databases that could be relevant to vetting an expert, depending on his field of expertise. One often worth checking is the Excluded Parties List System at www.epls.gov. It provides information on individuals and companies that are excluded from receiving federal contracts and federal financial assistance.

When it comes to checking someone’s background, more is better. The more sources you use, the more complete your search. The free and low-cost resources described here provide useful supplements to more expensive research services.

Editor’s Note: This article was originally published in BullsEye, a newsletter distributed by IMS Expert Services.

Robert Ambrogi is the editor of BullsEye, a monthly newsletter distributed by IMS Expert Services. IMS Expert Services is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry BullsEye publications, please visit IMS ExpertServices™ at ims-expertservices.com ims-expertservices.com

Medical Malpractice Insurance Disputes

Friday, June 29th, 2007

Like all the other industries, various insurance Companies also cover Healthcare industry. Companies differ in the areas where medical malpractices are covered. However, these insurance Companies provide various guidelines and conditions to meet with, before the claim is examined and covered.

Medical Malpractice Insurance claims are examined and investigated, as to whether the claim is authentic before settling the claim amount to the claimant. Often these procedures are long and time consuming and sometimes after the whole process is completed, the claim is denied and no money is paid. Situations like this can eventually cause insurance disputes. Insurance agents often tend to test whether the claim is true and hence disputes occur. In case they find out that the claim made, does not fall under the areas mentioned clearly in the policy opened by the customer, they refuse to pay the coverage amount. These areas again vary from one policy to other, depending on the premium paid for the Insurance. Thus, the claimant should be careful and keep in mind the conditions of the policy.

In some cases, people try to take chances and get same Insurance amount paid for cases, apart from the ones specified in the policy. In those cases, disputes may arise and payment is held back. Also, if the claimant incurs cost out of his pockets or causes damage due to reasons not related to medical malpractices, insurance companies tend to deny the payments. For all these reasons, before opening and finalizing a policy for a customer, Insurance agents thoroughly check all the medical records and health conditions of the Insured and judge the risk factors in getting that person Insured with them. According to these factors the insured’s premium amount is fixed. It is advisable that no information related to health aspects should be hidden in order to avoid disputes while putting forward a claim.

Several insurance companies have their online websites to gather information about their policies and coverage areas to choose from. However, it is important to compare and check premium rates, benefits and other policies and conditions, before opting for any one of them. Getting insured with a good and reliable company always helps in avoiding disputes.

e-MedicalMalpracticeLawyers.com Medical Malpractice Lawyers provides detailed information on Medical Malpractice Lawyers, Texas Medical Malpractice Lawyers, New York Medical Malpractice Lawyers, Florida Medical Malpractice Lawyers and more. Medical Malpractice Lawyers is affiliated with e-MesotheliomaLawyers.com Mesothelioma Lawsuits.

Patent Research, Part II

Thursday, June 28th, 2007

Patent searches can be conducted in other ways. The Patent and Trademark Office distributes a weekly list of the patents that were successfully approved during the previous week. This listing is important in competitive patent categories such as pharmaceutical research, to keep abreast of the competition.

For more complicated searches, a visit to the library can be done to review the various patents. Another way in which to research previously issued patents is to use the Patent and Trademark Office’s “Classification and Search Information System (CASSIS)” to search for an old patent. “CASSIS” is available on CD-ROM for anyone who has a slow Internet connection, or anyone who wants to spend more time looking for a specific patent.

The research process for a single patent application is not usually overwhelming. When using the government’s uspto.gov website, it is pretty simple. When searching other forms of the patent database, the patents are arranged by the various subject groupings. Other forms of the patent database such as the microfiche can be used to search by category.

However, even if you know that a patent has not been previously issued for your invention, there is no guarantee that an application has not already been filed, but is not yet approved. If there is the possibility that another patent application is being processed for an invention similar to yours, then you will need your patent lawyer to carry out a more extensive search for you. A more extensive search completed by a patent lawyer will be able to correctly determine whether someone else has filed a previous patent application for a similar invention.

This search is recommended because it will save very valuable time by discovering if the invention you want to patent has already been patented.

After it has been established that your invention has never received a patent for an invention of this sort, it is now time to either consult a patent lawyer if you will need legal representation, or obtain the application form, if you have decided to apply without legal representation.

You now know how to research your patent idea before going and registering it.

Do you want to learn about article marketing? Download a free guide today:

Steps To Take If You Have Been Injured In an Auto Accident

Thursday, June 28th, 2007

Steps to Take Immediately After an Accident Occurs:

· Do not leave the scene, but do move your vehicle out the flow of traffic, if possible.

· Try to locate any injured parties and make sure that no one is in harm’s way. Do not move an injured person unless it is necessary to prevent further harm.

· Call for help. Request emergency medical attention if needed and always contact law enforcement, even if no one appears to be seriously hurt.

· Get all contact and insurance information. This includes the full names, addresses, and phone numbers of everyone involved, including other drivers, passengers and witnesses. Also write down the insurance carriers, policy numbers, and driver’s license numbers of all drivers, and license plate numbers, year, make, and model of every vehicle involved.

· Photograph the scene. This includes the vehicles involved, the surrounding area, skid marks, injuries, and any roadway defects. Take pictures of anything and everything that could possibly be significant to your case. Irrelevant photos can be discarded later after your attorney has reviewed them.

· Seek medical attention. Once you have been given permission to leave the scene, seek immediate medical attention, even if you do not believe you are injured. You may be in shock, and you may have injuries that you are not aware of. Some injuries may seem minor or do not present immediate symptoms but can still be present and cause serious medical problems.

· Document everything. Write down everything that you remember about the accident, as soon as possible. The more time that passes the more likely it is that you will forget important details.

In the days, weeks, and months following the accident, you may be approached by insurance agents or attorneys asking you to sign papers or even accept a payment for damages. Do not sign anything. Talk to your attorney first. You may be signing away your rights or even accepting responsibility for part or all of the accident. Steps to take in the days following an auto accident include:

· Call an experienced auto accident attorney. While you may not plan intend to file a lawsuit, others involved in the accident may file a claim against you. Even if the circumstances of the accident seem obvious to you, you may have to fight the insurance company.

· Report the accident to your insurance company.

· Continue medical treatment. Although you may be intimidated by the potential medical bills, you must continue your recommended medical treatment.

fullerlaw.com/auto.html If you or a loved one has been injured or killed in an auto accident, contact an experienced auto accident attorney today.