Law on Your Terms – Become the Lawyer You Want to Be

In the macho environment of the law, to express any lack of confidence, vulnerability or self-doubt has traditionally been regarded as weakness. Many women lawyers who were regarded as reliable and 100% capable suddenly find that their commitment is challenged (through no fault of their own) when they start a family.

So, what would it take for you to become the lawyer you want to be?

Refocus on what is really important to you. Build your resilience and re-energise.

Action Steps

1. Make a list of everything that is important to you about your career. What have you achieved over the last 5 years? What are your strengths and weaknesses? How can you turn you weaknesses into strengths?
2. What would being a lawyer on your terms look like? How would your life be different? Spend 10 minutes thinking and writing down your goals – short, medium and long term
3. List all the things that are likely to block your progress
4. Separate the blocks into those that you can influence and those that you cannot
5. Decide to let go of everything out of your control
6. Concentrate and only use your energy on those things that you can influence
7. Commit to taking one small step every day towards your goals
8. Remember to be successful you need both technical and “soft skill” expertise
9. Review your progress regularly
10. Enlist the help of a mentor (inside or outside your organisation). Use them as a sounding board and cheerleader to spur you on or give you that extra boost when your confidence dips.

Use these 10 steps to become the lawyer you want to be in 2009!

Understanding Wrongful Termination Law

There is no getting around the fact that Arizona employment laws are generally quite friendly to employers when it comes to a question of wrongful termination. Many Arizona employment lawyers frequently recount the truism that an employee may be filed for a good reason or for no reason whatsoever, as long as he isn’t fired for a bad reason.

The bad reasons are what keep plaintiffs’ attorneys in business. Although every case is different and recently terminated employees should consult with an employment attorney to discuss the specific circumstances of their case, unlawful reasons for terminating an employee include termination decisions based on the race, sex, religion or age of the employee.

Arizona also has a statute prohibiting termination as retaliation for reporting a violation of an Arizona statute. There are many other similar state and federal laws that preclude termination in retaliation for an employee’s lawful reporting of the employer’s actual or suspected violation of the relevant law. These retaliation statutes may create liability where the employer wasn’t even guilty of the underlying offense, so employers should be very careful about making a decision to terminate an employee who has complained of or reported any sort of discrimination, safety violation, or other legal issue. Arizona employers who believe they need to fire such an employee should consult with an Arizona employment lawyer first.

Employees who believe they have valid wrongful termination claims should seek the advice of an Arizona employment attorney as soon as possible, because the statutes of limitation pertaining to both state and federal law violations are relatively short, and the failure to file a complaint in Court or with the appropriate administrative agency is usually fatal to a wrongfully terminated employee’s claim.

An Arizona employment lawyer will also be able to help the terminated employee understand his or her obligations and rights. Among other things, terminated employees must mitigate their damages by seeking replacement employment. Where an employer is liable, the employee will normally be entitled to recover lost wages and other damages directly related to the termination.

Feed Dog Food to All the Lawyers

Have you ever noticed that Lawyers are not such nice people? It is because they do not live in the real world, but rather a world of trickery wrapped in a fa├žade of meaningless words and dribble? Obviously they are not happy living in this world and scraping the cream of society for their own personal gain without providing any productivity to our noble civilization in anyway.

There is probably not a more dog eat dog world than the fake world that lawyer live in. Some say they are the worst of the worst and worth less than a dog turd, while other say that they are merely a necessary evil and part of all that is bad with the sleaze of the world. I have a solution to allow the lawyers to see the truth about who and what they are. Never allow them to eat anything but dog food during their stay here on Earth. This is fair as some say they are dogs anyway.

Of course all the lawyers think they are God? Perhaps they are both right and the lawyers are merely dyslexic and read “Dog” backwards? You know how they have such a way with words in their mixed up world. So what blend of dog food should we feed them now that you agree?

Well no sense in feeding them science diet or any of the expensive stuff and no need to worry if the meat comes from downer cows or those with Mad Cow disease, as we do not need them anyway and may as well give them the scraps of our society. What do you think? Oh, by the way I am not joking, not one bit and if I were in charge I would make it law. Trust me! Vote for Lance.

How the Law Treats Lawsuits by Debt Collectors and Original Creditors Differently

As I have pointed out elsewhere, people can be sued for debt by one of two different kinds of plaintiffs: “original creditors” or “debt collectors.” Broadly speaking, original creditors are the persons who originally claimed that you owed them money for some credit-based transaction. Debt collectors are other entities who either came into possession of the debt after it was delinquent or are acting (as independent contractors) for the original creditor.

Loan “servicers,” who come into possession of the debt immediately after it is incurred and administer the debt in the usual course of business, are considered “original creditors” even though the debt obviously did not originate with them.

Legal Impact of the Entity Suing You

Because original creditors have a direct, non-collection relationship with the general public, they have commercial pressures preventing them from acting too horribly during the collection process. Their collection activities risk alienating or annoying the public and thus, in the eyes of the law at least, they are held in check by the market. Therefore, the law does not provide any remedy against original creditors per se. However, this does not mean that original creditors are permitted to do anything without limits during the debt collection, just that there are no laws directed against them specifically. If they commit “outrageous” and abusive acts, or if they “defame” you by publishing false information, or obviously if they assault you or commit some other crime, you would still have your normal rights under the law.

Some states probably have specific laws directed against the collection process, too, either as part of their “merchandizing” codes or otherwise, so you should not automatically write-off the behavior of original creditors.

Against debt collectors, however, you have much more specific rights. And this goes back to the commercial realities underlying the transactions. There is no customer-based relationship between the debt collectors and the people from whom they are collecting. There only customers are either the original creditors, or none at all-they are acting independently on their own behalf and, as far as the market is concerned, are free to take any actions whatever to collect the money. This has given rise to some extreme and shocking abuses, and it led to the passage of the Fair Debt Collection Practices Act (FDCPA), among other legislation.

Because of the lack of market countermeasures to debt collectors and the legislative response, the relationship between individuals and debt collectors has become significantly regulated. The FDCPA makes “unfair” or “deceptive” collection techniques illegal in general, and it specifies a large number of particular practices as violations. But even if the action is not specifically named as illegal by the FDCPA it will still be illegal if it is unfair or deceptive. This allows lawyers and individuals fighting on behalf of people abused by debt collectors to be as creative in stopping obnoxious practices as the debt collectors are in creating and implementing them. The FDCPA provides attorneys fees to people suing debt collectors (if they win), but otherwise the remedies are fairly small, with the exception of “personal injuries,” which can include emotional distress. So that opens the door to real money a little bit.

Again I would remind the reader that remedies are not limited either to federal law (FDCPA), as some states may have better laws, or to debt-collection related laws. Reporting false information is defamation, and behaving beyond certain limits is “outrageous” enough for states to provide a remedy. And these remedies likely include punitive damages, various forms of “compensatory” damages, and other forms of relief that can be much more substantial than those provided by the FDCPA.

In conclusion, it is far more advantageous legally to be sued by a debt collector, as the law provides many more remedies against them. You are not without any remedy, however, against the actions of original creditors if they are sufficiently extreme.

The Smart Way To Read Your Credit Report

You might not realize but finding out the best way to read your credit report can actually save you a lot of time and money – it’s not even that hard to get started, but there are some basics that you need to get your head around all the numbers, abbreviations and unfamiliar terms before reading your credit report.

Before going to a website and getting your credit report you need to be aware that you will need to get more then one create report.

The three main credit report agencies will have a copy of your report but your information will be inconsistent across all three of them – lenders will report your information to maybe only one or two agencies and that information might be incorrect.

Your personal information is no doubt old and out of date as when past lenders reported on your personal information they will only normally report it back to one of the agencies.

You need to get a copy from each one and make sure you do this regularly through out the year, it is recommended that you get a copy from all three first and then get one copy every 4 months – but get one at a time – only by getting your report through this process can you be sure you have the correct information.

The main resign for this is that its voluntary reporting process so the lenders don’ have to by law report your information.

You need to make sure you get a consumer friendly report – don’t ask your friend who may work at a bank to get your copy for you – as you will not be able to read it correctly – you need to get a consumer version.

The Credit report layout Each report is divided into four sections falling under these categories – Identifying Information, Credit History, Public Records and Inquires.

Identifying information is quote obvious – it’;s all the key information about you but make sure you look t this closely – this is the most common place for your report to be incorrect, especially check you social security number.

Other personal information is your address, phone numbers, date of birth, drivers licenses, your employment information and your spouses name.

The following section is your Credit History – this is the most important information that your new lender will look at to assess your credit worthiness required to make an assessment. You might see that individual accounts are called trade lines.

The accounts will include each creditors name and the associated account number (this could be disguised for security reasons) Note that you may have multiple account kinds with the one lender as they will create a new one if you move.

Here you will have information like the date you opened your account, total amount of the loan, if you’ve paid off the account well and one time. It will also state how much money you owe and the credit limit, and ofcause the account status.

Look out for “charge Off.’s these are big black marks that mean that the lender has given up chasing you and has noted that they did not receive the money they were owed.

Public Recored You wan this section left totally pristine white – blank as can be. As having a report here will seriously impact your likelihood of gaining credit. bankruptcies, judgments and tax liens activities are listed here.

Inquiries – The Last Section This the place that will note each inquiry that was made you your account – noted as a soft or hard “call”so if you If you call the credit bureau and ask for a copy it will be on there. It’s great as it’s a very detailed entry record.

“Hard” inquiries are ones you initiate by filling out a credit application – you wan to avoid these as they will have a negative impact on your report if you have too many but the good news is that it also counts two or more “hard” inquiries in the same 14-day period as just one inquiry.

Read your report carefully and report any mistakes to each credit agency so you can get them all fixed and consistent as soon as possible.

I hope you know how to read your Credit Report, so you have a good handle on what your information means.