10 Things Your Lawyer Won't Tell You

In case you ever doubted lawyers deserved their reputation...

1. "You might win your lawsuit and wind up with nothing."

Expecting a bundle from a big lawsuit? Don't start spending it yet. You may be shocked to learn how little you'll get to keep.

Lawyers may not like to mention it, but federal taxes -- at a rate of 25 to 35% -- can easily wipe out most of the money you win in civil lawsuits; bodily injury suits are the only exemption. You'll probably even have to pay federal taxes on the part that's earmarked for your attorney, unless you live in the one of the few regions, including Alabama, Michigan and Texas, where federal appeals courts have sided with taxpayers.

"It wasn't worth filing the suit," says a midwestern sales manager who settled a discrimination case against her employer confidentially for $150,000 in January. The woman will net $14,000 after lawyers' fees, expenses and taxes, says a source close to her case. Some "winning" plaintiffs even wind up in the hole. Realizing that such grim victories chill business, members of the National Employment Lawyers Association are prodding Congress to stop taxing discrimination awards and settlements, which often take the biggest hit. So far, they've had no luck.

2. "Gee, I don't know much about the law..."

Ask an attorney about anything outside his niche and odds are he won't know. Teacher Marie Karim learned that when she decided to sue the New York City hospital where she had developed an infection and a hernia in 1999 during exploratory surgery. Karim, 27, hired Sheri B. Paige because her mother had once consulted the Norwalk, Conn., lawyer about collecting a debt. Karim says Paige assured her that she had experience with medical malpractice cases.

More than a year later, Karim discovered that Paige had virtually no such experience and that she hadn't even filed the suit. Worse yet, the statute of limitations had run out. "I wanted to kill her," says Karim, who got $325,000 from Paige's insurance company in 2002 with assistance from a specialist in legal malpractice. Paige denies all wrongdoing and blames the entire mess on Karim. But in November 2002 a Connecticut lawyer grievance panel found probable cause to believe that Paige was guilty of misconduct. A hearing is set for this month.

Karim should have hired an expert -- someone who does almost nothing but medical malpractice.You can find specialists in the lawyer directory Martindale-Hubbell, available in any library or online at lawyers.martindale.com, or in FindLaw (www.findlaw.com).

3. "...but I'd sure like to get to know you better."

Unlike doctors, lawyers in most states are allowed to have sex with clients. And many do. Nearly 20% of attorneys surveyed nationwide by the University of Memphis in 1993 admitted they or a lawyer they knew had had an affair with a client.

Lawyer-client flings, especially in divorce and family law cases , can warp the lawyer's judgment, prompting him to either prolong the dispute or sacrifice the client's interests to end it fast, notes Texas Wesleyan University law professor Malinda L. Seymore. The client may submit in the belief that if she does, the lawyer will do more to help her keep her home and children.

That's what Plantation, Fla., lawyer Steven W. Effman told two female clients to entice them to service him in his office, according to the women's sworn testimony. Not only did Effman fail to deliver on his promises, these clients say, but he actually had the nerve to bill at least one for their trysts. The Florida bar filed a complaint against Effman in 2002, and a court suspended his license for 91 days. Effman insists his affairs were consensual and denies making promises or billing for sex.

Despite such scandals, the American Bar Association didn't rule on the issue until 2002, when it noted that lawyer-client sex is generally unethical but it is up to eac h state whether to adopt an outright ban on the practice. Only six have.

4. "Okay, I've made some mistakes. Good luck finding them!"



Trying to learn whether a lawyer is a bad apple can be an exercise in futility. The ABA keeps a database of known ethics violators and makes the information available if you call 312-988-5321, but it relies on voluntary reports from state bar counsels. You could call the bar counsel in the appropriate state directly -- listed at www.nobc.org -- but that can also be a dead end unless the attorney has been suspended or disbarred. Many states just say he's "in good standing" even if he has had lots of complaints or worse.

Take Las Vegas http://www.statutes.legis.state.tx.us/ lawyer Kenneth L. Hall. According to the Nevada bar, Hall has no disciplinary record. Run a search on him at Google.com, however, and you'll find a newspaper story about his suspension in 2001 for videotaping an intimate encounter he had with a woman in his office in the presence of her toddler daughter. Why doesn't the bar tell you about the suspension? Hall, 54, convinced a court to set it aside, though he admits to the tryst.

Beyond Google, which is free, you can do a background search by using commercial sites such as www.knowx.com or www.gaprs.com, which charge a small fee -- typically $10 to $30.

5. "I never win."

So your attorney has plenty of experience in his field, but has that been as a winner or a loser? How you find out depends on the situation. If you're hiring him to defend you against a criminal charge, ask him if he ever worked in the prosecutor's office and for how long, because that's where the best criminal defense lawyers typically get their training. For any court case -- criminal or civil -- you also want to know how many cases he's actually taken to trial in the past five years. Experts say even five or six can be plenty, if at least one win is in a case similar to yours. If he says his cases usually settle, that's a bad sign. A guy who's known for always settling can't drive a hard bargain. "It certainly helps if the defendant knows (a lawyer) is ready to go to court," says Bert Braud, a Kansas City, Mo., litigator who takes at least one case through trial each year.

6. "I won't take your chump-change case."

Just because you have a strong legal case doesn't mean a lawyer will take it on -- not if it is bad for his bottom line. That's especially true with claims involving securities arbit ration, usually against brokers who have churned clients' accounts or put them in unsuitable investments. Most brokers require their clients to agree to arbitration when opening an account. The number of these cases has risen more than 56% since 1998, according to NASD Dispute Resolution, the group that hears 90% of such cases.

Trouble is, the few lawyers who know about this growing field generally refuse to handle claims of less than $50,000 because smaller cases generate small fees. Henri Draznin, a retired customer-service rep, found himself in such a bind. He couldn't find a lawyer willing to help him recover $9,000 he'd lost in high-yield bonds, which his broker had put him into without mentioning they were risky for a retiree. Draznin was out of luck until he found a legal clinic at New York's Pace University Law School, where students supervised by Professor Barbara Black helped him file an arbitration claim, winning him $4,046 in February 2003.

Short of finding a law school clinic eager to help you, what can you do? Contact the Legal Referral Service at the Association of the Bar of the City of New York at LRS@abcny.org. You can get a referral to an NYC attorney and arrange a $25 initial consultation. Or you can contact Public Investors Arbitration Bar Association (www.piaba.org) to get the name of a lawyer in your area who is experienced in securities. Try offering him a little more than his usual percentage -- say, 33%, rather than 30 -- to sweeten the pot.

7. "I charge as much as you'll let me."

Most lawyers can charge for their services in a variety of ways: a flat fee, an hourly rate of typically $100 to $300 an hour, or a percentage of the award, usually billed at 30 or 40%.

Which is best for you? If your case is simple, a flat fee is best. It gives the lawyer an incentive to solve the problem efficiently. When you're filing suit for, say, personal injury, employment discrimination or malpractice, you're general ly better off paying a percentage. The incentive in these cases should be to get as much money as possible, fast, and if your attorney fails, you aren't stuck with a big bill. Have him take his fee after expenses, to keep his administrative costs down. Don't ever pay a percentage to settle an estate or for a divorce or a real estate deal. A $1 million closing or divorce is no more difficult than a $500,000 one, so why pay more?

If you have a strong civil suit, your best bet may be a hybrid fee: an hourly rate if the lawyer can solve the problem in a few hours, switching to a percentage if it takes longer or he has to sue. A Fortune 500 company executive hired Kansas City's Braud to handle a sex discrimination case in 2001, and the lawyer was able to wrest a six-figure settlement out of the employer in about 15 hours. His fee was $2,000 instead of the more than $33,000 she would have paid had he charged a percentage. If a lawyer resists such a deal, tell him you need to interv iew a few more attorneys before you decide whom to hire. He'll likely come around.

8. "You may be better off without me."

Many of the things lawyers do you can do for yourself, provided you have the time and inclination to learn how. You can write your own will, for instance, if you have a relatively uncomplicated estate. A good place to get help is legal software publisher Nolo (www.nolo.com), whose Quicken Lawyer 2003 Wills sells for $30.

For issues that are too complicated to be handled without some legal assistance, an interim step between going it alone and a lawyer is the paralegal. Depending on the state, these professionals can handle living trusts, bankruptcy petitions, house closings and uncontested divorces -- and often for just a few hundred dollars. The only things paralegals can't do are give legal advice and represent you in court.

Before you sign on, look for experience and expertise in a particular field. It's also nice -- but not essenti al -- for the paralegal to hold a degree or certificate from one of the 800-plus training programs in the U.S. (247 of them approved by the ABA) or be deemed a registered paralegal by the National Federation of Paralegal Associations or a certified legal assistant by the National Association of Legal Assistants.

9. "Wanna sue me? Oops -- you signed that away."

Most lawyers are competent and ethical. But what if yours screws up? Can you sue him? Not if you agreed to submit disputes to arbitration, where the rules of law and evidence don't always apply, and you'll have neither the right to a jury nor perhaps even the right to appeal.

Many lawyers insert compulsory arbitration provisions in their retainer agreements, which isn't necessarily unethical, according to the ABA, providing that the agreement doesn't insulate the lawyer from liability and the client understands what it means. Such a clause should be a warning for you to take your business elsewhere.

Inventor Walter R. Fields says he didn't realize he was giving up his right to sue when he hired Maslon Edelman Borman & Brand, a large Minneapolis law firm, to sue the builder of his mold-infested $1.2 million house. Disappointed when he lost his case, Fields tried to sue Maslon Edelman for malpractice, claiming, among other things, that the firm had failed to submit evidence of the mold in time. But in 2001 a Minneapolis court refused to hear the case because of an arbitration clause in Fields's retainer agreement. Fields also came up empty after arbitrators rejected his claim and two courts upheld the arbitration. He has declined to discuss the case further until he has exhausted all possible legal remedies. Maslon Edelman denies malpractice, claiming the mold was a side issue, and defends the arbitration clause, saying that Fields had weeks to review the agreement with a lawyer before signing.

10. "And even if you can sue, you can't win."

It's mighty tough to nail a lawyer for malpractice. Some 68% of malpractice claims from 1996 through 1999 closed without the client receiving payment from the lawyer's insurance company, and only 6.7% netted more than $50,000, according to a 2001 ABA survey.

Why is it so hard? For one thing, only an estimated 30 to 50% of lawyers even carry insurance, so collecting is a long shot. Plus, to win your case, you have to prove not only that the lawyer failed to perform but also that your case would have turned out differently had he done a better job. Hard to do, since a legal issue is seldom a slam-dunk, even if the lawyer does everything right.

Malpractice insurance doesn't cover everything anyway, as Leslie Cerrato learned in 2002, after she won a $250,000 settlement from her lawyer, Milo J. Altschuler. The prominent attorney pleaded no contest to the charge that in 1991 he put Cerrato over his lap in a Connecticut courthouse and spanked her to discourage nervous fidgeting in fro nt of the judge. Altschuler authorized Cerrato to make her claim with his insurance carrier, American Home Assurance, but the company balked, insisting that malpractice insurance does not cover spanking. "(F)ondling the bare bottoms of female clients is not part of the practice of law," argued American Home. A federal judge agreed, dashing any hopes Cerrato had.



http://www.foxnews.com/story/2005/08/29/10-things-your-lawyer-wont-tell.html

15 Ways to Update Your Kitchen on a Dime

Laura Gaskill, Houzz Contributor

Whether you are planning to invest your own sweat equity in a complete kitchen remodel or simply hope to make Best Remodeling a few quick changes over the weekend, when every penny counts it's important to choose projects that will make a big impact for the lowest price possible. Stay focused on the results you are after (put on blinders when you walk past those $1,000 light fixtures) and be willing to get your hands a bit paint splattered, and you can certainly achieve beautiful results on any budget.

From paint and hardware to DIY projects and sources for budget materials, these 15 ideas will help you plan your kitchen update.

1. Swap out lighting. Stylish new pendant lights can easily become the new focal point of the room. The hand-blown glass pendants shown here are a beautiful, versatile choice, and at less than $200, they won't break the bank.

2. Upgrade acces sories. With limited opportunities for decoration, it's important to make the most of the little things. Corral frequently used items on a woven tray, prop up a few wooden boards on your counter and display pantry items with pretty packaging.

3. Repaint cabinets. If your kitchen cabinets have a dated finish or you want a more personal touch than standard-issue white cabinets, think about adding color. Try pale sage green, as shown here, duck egg blue or warm putty -- all versatile choices that go with many different materials and finishes.

4. Paint half the cabinets for a high-contrast look. A palette of black and white with wood and metal accents looks sleek and modern in the kitchen. Get the look by painting only the bottom cabinets and the base of your kitchen island black, leaving the upper cabinets white.

5. Work in rustic elements. Farmhouse accents instantly add warmth and character to a bland kitchen. Replace the kitchen or pantry door wi th a sliding barn door, hang copper pots from a ceiling rack or bring in a timeworn antique wooden stool.



6. Add storage with simple shelves. Lacking upper cabinets? Rustic wood shelves on metal brackets are easily (and cheaply) installed, and provide functional display space for everyday dishes.

7. Use Roman shades for a finished look. Roman shades add an elegant note to any room and look especially at home in the kitchen, where any softness is most welcome. Have matching shades made for any glass doors in the same room for a cohesive look.



8. Paint the floor. If your wood floors are not in the best shape and you want to avoid professional refinishing, try painting them instead. White is chic but will show every dropped crumb; pale gray and blue are also classic choices. If you want to get creative, try stenciling a design onto the painted floors.

9. Remove upper cabinet doors. If glass door fronts are out of the budget but you want to open up a bit of space, try simply removing the doors to your upper kitchen cabinets. It's an easy change to make (just unscrew the doors and fill and paint the holes) that can add a sense of spaciousness to a small kitchen.

10. Spice up an outdated fridge with chalkboard paint. No cash Best Remodeling Company In Houston to trade in that old beige fridge? Try covering it in chalkboard paint instead for a fun, creative look. The chalkboard surface will keep kids busy while you cook, or use it to keep a running grocery list, menu ideas or inspiring quotes and doodles.

More:

How to Paint Your Kitchen Cabinets

Revamp Your Space With New Kitchen and Dining Furniture

Make a Bigger Impact With the Help of a Kitchen Professional

15 No-Cost Ways to Invigorate Your Space

http://www.huffingtonpost.com/Houzz/15-ways-to-update-your-kitchen-on-a-dime_b_5877186.html

Autos & Trucks :: Stolen Recovered Salvage Auctions

Stolen recovered salvage yards put up for sale all sorts of cars, trucks and motorcycles. Some are more damaged than others, and some of the vehicles only require minor repairs. Online, one has the opportunity to look at all the cars offered at the auction, estimating how damaged they truly are and what repairs they might need.



The business with stolen and recovered cars is extremely http://www.nelsonirrigation.com/products/application/fire-suppression productive, since imp ortant profits are made. The supply is of course guaranteed by the increased number of car thefts, most of the recovered vehicles being far too damaged for the owners to be able to use them again. Insurance companies pay the theft claim to the owners and they sell the stolen and recovered vehicles to salvage yards. These vehicles are later purchased by different people, who are looking to save important sums of money on purchasing a car. They will take complete responsibility to repair the car and bring it back to its original state, making sure that it functions without any problems.



As someone interested in purchasing salvaged vehicles, you will be confronted with a number of options. The market is filled with interesting choices, even if some of these Sprinkler System vehicles might be highly damaged. Fortu nately, you have the Internet and its specialized resources that you can turn to for shopping around. Assess your options where stolen recovered salvage vehicles are concerned and take a decision that is based on actual facts, rather than hear say. There are determining factors that you will have to think about, including the repair costs, the price of the vehicle in question and the existing damage.

Even though purchasing a salvaged car might represent a smart idea, you will have to be extra careful not to be fooled. There are salvage yards and auctions where extensively damaged cars are sold, and very little information about their state is actually disclosed. You will have to discuss everything thoroughly with the person selling the salvaged cars, inquiring about key components such as the transmission system or the engine. If such parts are damaged beyond repair, then you should think twice before purchasing the car. It is for the best that you orientate yourself towards a car that is worth salvaging, paying a price that falls within your budget. Such vehicles are usually bought from different insurance companies, the usable spare parts being put up for sale afterwards.

There are many great opportunities to discover when it comes to stolen recovered salvage yards. Many great vehicles are recovered by the authorities. These vehicles present different degrees of damage and they are sold to salvage yards to recover losses. Prospective customers are presented with all sorts of vehicles, being given the chance to purchase a car that is not Sprinkler System Installation Euless so badly damaged but has a price that they can afford. Stolen and recovered vehicles are definitely cheaper and they represent an attractive option for someone who lacks the financial means to purchase a new car. Make sure that you will have all the info before actually making a purchase!





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Best Ground Cover Plants for Lawn: Peanut Plant and Carabao Grass

Introduction

The lawn is commonly found in the front part of the house. Most homeowners take pride in having immaculately green grass on their lawns. A small fortune is invested on fancy sprinklers and lawn mowers for proper maintenance of the lawn. Lately, most lawns are being sacrificed due to shortage of funds. Lawn grasses are left to grow tall and unruly because mowing is not a weekly routine anymore. Or the grasses die because water is being conserved, too.

4 Types of Plants Used as Ground Covers for the LawnVines

Herbs

Shrubs

Mosses

Vines are woody plants with thin and wide-spread stems. Examples: Common Ivy, Kudzu, Bougainvillea, and Morning Glory.

Herbaceous plants typically die at the end of growing season or after they had flowered and bore http://www.gardenersworld.com/how-to/ fruit; then they will grow again from seeds. Examples: Peony, Mint, Ferns, and Grasses.

Sh rubs are also woody plants with multiple stems and small height. Examples: Lavender, Periwinkle, Common Juniper, and Mountain Pine.



Mosses are small and soft plants that do not have flowers or seeds but reproduce through spores. Simple-structured leaves cover wiry-thin stems.Examples: Red moss capsules, Wall screw moss, and Dawsonia superba (which is considered as the tallest land moss).

The Carabao grass is sturdy against drought and flood. It does not need much attention. No pesticides and fertilizers are used to grow this hardy variety of grass. Since it tends to grow close to the ground, the Carabao grass does not need to be mowed.

Because it is easy to grow, the Carabao grass is the best ground cover plant. You can grow it by seeding directly into the soil or by transplanting. Most plant stores and nurseries sell Carabao grass by small square pieces. You have to water the newly planted grass everyday on the first week to let the young roots grow into the soil. Of course, you must level the surface of the ground first if you're planting on new lawns.

The Buffalo grass is another type of sturdy ground cover plant for the lawn. It is also highly resistant to drought. However, this variety tend to grow robustly so you may have to mow the overgrowth to the desired length. Aside from transplanting, you may also grow the Buffalo grass through direct seeding method.

The Peanut Plant is a Good Ground Cover

This ground cover plant got its name 'peanut' from its flowers that are shaped like peanuts. Because this is categorized as an ornamental grass, the Peanut Plant is often used as accents along the lawn's front and sides of pathwalks. This plant is also sturdy.



The Peanut Plant is also a no-fuss type of ground cover. Just buy several seedling plants in small black bags from the nursery or plant stores. Like other plants, the ideal time to transplant the Peanut plant seedlings into the soil is during the late afternoon. The young plants will be given time to adjust in their new environment during the night.

To further lessen the stress during transplanting, remove only the bottom of the black bag so the soil around the seedling will not be dislodged. This way, less roots will be cut during the process. Gently pack the lawn soil around the small plants. Since the Peanut plant grows horizontally rather than vertically, place an allowance of 6 to 12 inches between each p lant. This will give the runners more room to spread on.

Watering is given in small amounts in the early mornings and late afternoons on the first few days. If you're using garden soil for the lawn, you don't have to fertilize the plants. But a sprinkle of organic fertilizer every now and then will help them grow strong and healthy. No need to use herbicide, too. Over-all maintenance care is very simple and easy. Just pull out the weeds that will sprout along with the Peanut plants.

Drainage is as Important as Watering to Ground Cover Plants

All plants need proper drainage system to protect the roots. Too much water causes the roots to rot and the plants to die.

During cultivation of soil or while laying on garden soil, make sure that the edges are in much lower elevation. Excess water must flow freely away from the plants after enough moisture was absorbed by the soil.



When proper sloping is observed in the planning stage of the garden, the actual maintenance of the plants would not be too http://www.gardenguides.com/ much demanding.

When a new home has an empty lawn, the sight of the raw earth with a smattering of rocks and Sprinklers concrete bits could be intimidating. Do not lose heart. A garden takes time to develop so careful planning is a must.

Design a garden with long-term enjoyment in mind. The lack of trees in the vicinity should not be despairing. Shaded areas can be created by s imply giving crawling plants freedom to grow all over a light structure made of welded steel for support and sturdy screen as roof.

To stop feeling overwhelmed with so much empty space in the outdoor part of the home, build a fence around it. A low concrete wall or tall wooden fence will look better when paint is applied. Several coats of paint also provide protection.

Look for small trees in plant nurseries. Overgrown seedlings have better chance of survival when transplanted. Fruit trees are good choices because they will provide fresh fruits after a few years.

A wide grassy space is the quickest way to make a green lawn. A simple trick is to create a gently sloping surface of packed garden soil. Place concrete hollow blocks around the edges to help prevent soil erosion. Plant small shrubs to give additional support Sprinklers to both the blocks and the earth.



A Japanese-style garden requires a bit of time and effort. This design is appropriate to build on naturally sloping area.

Carving the land into a series of steps will inspire the gardener to put together a variety of colorful and flowering plants, along with the choice of grass or ground cover plants.

https://hubpages.com/living/Best-Ground-Cover-Plants-for-Lawn

What Are the Career Options for Architects?

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While the very good news is that there's still sufficient time to salvage this with quality landscaping. The weeds haven't overrun your yard yet and there's still a good amount of green life left in this grass. Here we will cover five guidelines to help you improve y our yard and build an outdoor space you can enjoy for years to come.

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Beyond being able to produce sufficient light to accent your landscaping, using solar garden lights cuts your costs dramatically. Not only will your lights use energy generated from your sun that's free, what's more, it will slow up the costs associated with hiring an electrical contractor to install the wiring on your lighting system.

History Of Leaf Blowers

You may call at your new yard being a blank canvas, but make sure you consider your choices before you start digging. So, you've finally had your bid accepted and you are looking forward to dealing with work on the vision you might have for your new yard! Well, the bad news could be that the green lawn covers dreadful soil and unsightly pipes and wiring which https://firesystems.net/installation/sprinkler-systems/ were covered for a long time.



Doing laundry, brushing your teeth or showering produces wastewater called greywater. Greywater is just the wastewater that's leftover from household usage such as laundry, bathing and washing dishes. Greywater isn't the same as blackwater, containing harmful contaminants including human waste. Blackwater cannot be recycled since it needs to be cleaned at a wastewater trea tment facility.

About 68 percent of most architects work on various positions and levels within the architectural, engineering, and related services industry. Such mainstream architects plan and design the construction's appearance, aesthetic appeal, layout, keeping of air-conditioners and ventilation systems, structural integrity, and strength. The role in the architect starts with the conception with the project and ends when the project is complete, and entails providing technical along with other drawings to the construction.

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