What are people thinking (psychographics) when they are "shopping" for a lawyer? What if you are viewed as cheap? What if you are viewed as expensive? How can you address both of these ways of thinking and still get top dollar? What do you say when "the money" objection comes up? These questions and more are addressed in this article.
Legal marketing success for you can reside in your knowing the psychographics of your market. One key area of law marketing psychographics is knowing how your prospective client is thinking about fees. In one of my other articles I write about law practice management pricing strategies. If you have not read that article I do recommend you read it since it is related to getting top dollar for your services. That said lets move forward in getting you comfortable in getting the fees you deserve from your legal marketing.
In legal marketing you need to know is very few people have the time, energy and perseverance to "shop" very much for a lawyer. These prospects will use price as a quick way to decide if someone is competent. In law marketing you need to know people are already pre-conditioned to think about price in certain ways. If your fee is $150 per hour, a second lawyer's fee is $200 per hour and a third lawyer's fee is $250 per hour what is the pre-programmed way clients will be thinking? It is highly likely in legal marketing they are thinking the "cheap" lawyer must not be as good as the other two. Why? Because in the USA culture people are taught "you get what you pay for" and thus the cheapest lawyer "must have something wrong with them" or they will be "cutting corners" in some way to be so "cheap". You don't want to be in that law marketing club for sure. They are also thinking "the most expensive lawyer must be the most experienced, most skilled, the most specialized and at least among the best." You do want to be in that legal marketing club or at least close to that club. So you see in law practice management being in at lest the beginning of the top 30% of fees in your community is where you want to be if you possibly can. In legal marketing terms you are "positioning" yourself as among the best by having a higher price.
Additionally in legal marketing terms it is also much better to spend you law marketing dollars getting fewer high quality prospective clients to speak with and do that well than it is to have to shift through a legion of "frogs" who are shopping, shopping, shopping for "cheap". Also the "cheap" client is not loyal to you but to "cheap" and if they find "cheaper" they are gone. I will give you a bit more on this aspect of legal marketing later in the article.
We have the legal marketing positioning we need in place now so what is next? What do you actually say to have someone ready to pay top dollar? First you need to tell them up front, close to the beginning of the conversation, something close to the following: "I do want you to know that I can't work with everyone. Sometimes I don't have the exact expertise you may need. Also I do want you to know that I am not the most inexpensive attorney in the city. If I am a good match for your situation I will be talking with you about fees. If my fees are too expensive for you don't be afraid or embarrassed to tell me. I will have some good referrals for you that might be a better fit for your budget."
In legal marketing terms what have you done here? You have made yourself a scarce service. We all are pre-programmed to think something or someone that is scarce is valuable (Cialdini Ph.D., Influence, Science and Practice; 2001). You have told them you don't work with just anyone. Now they are hoping that their case is a good fit so they can have you. They are wondering if you can fit them in since you are in such demand that you can decline cases. Nice law marketing positioning for sure. Suddenly they are auditioning for you, not you auditioning for them. They also are thinking this fellow must be really, really good or he would not be saying such things to me. They are thinking that they better act quickly and say yes to hiring you or you may be full and can't take them later. They also may be imagining a really, really high fee in their minds and when you quote something less than their imagination (which you can often) or contrast it with something higher or a benefit (more here later) they are relieved. Besides if they have been shopping then they know the really, really high fee and you are maybe 20% to 30% below that.
OK so lets say this legal marketing scenario did not go that well. What if the person says something like: "But your fee is $300 per hour and another lawyer I talked to charges $225 per hour." What do you say? How about something like this: "I don't know exactly why this lawyer is charging so much less than I do, however, I can tell you exactly what you will be getting working with me, what my qualifications/experience/expertise are with respect to your particular matter and I just can't help but wonder what he might be missing or leaving out by charging the fee he charges." In law marketing here you want to bring forward in their minds the unconscious thought that someone who charges less must be doing less of a job for you or is not as competent. The old "you get what you pay for" scenario most of us were raised on works well in legal marketing. Another way to say it is "penny wise, pound foolish" since if a lawyer who charges less does the job one could just wind up paying more later because of that "cheaper" work. Another good job of law marketing positioning I'd say. In a specialty practice area this old adage is even more applicable than say a commodity practice area like residential real estate closings. I think you get the idea here in this law practice management effort. In what you are saying be sure they are wondering just what might be missing since doubt is what you need to create in the mind of the prospect about your competitors. You might even want to go so far as to list out in detail what you will be doing and providing for the client before you say the magic words I just gave you so they see all that is coming their way by selecting you. Again with this legal marketing approach what we are doing is bringing forward "doubt" and "suspicion" while making sure they know how solid you are for them. It never hurts to have testimonials or letters of recommendation as well to show prospective clients before you give the magic words.
In legal marketing a bit of preemption or prevention could work well in telling prospective clients about your fees as well. If you contrast your fee against a higher fee then your fee does not sound so large even if it is larger than a competing lawyers fee. An example would be a family lawyer might say something like: "Some attorneys would charge as much as $20,000 for handling this type of a divorce, however, with my experience and expertise I know I can do the divorce for you for $15,000". Here you are saying your competitors' fees first with your fee second making your fee sound good compared to the others. Another law marketing example would be in estate planning you could say something like: "I can prepare a document (for document insert the correct technical term) that will save you $400,000 in federal estate taxes for only $20,000." Here you are contrasting your fee to the savings and saying the savings first and your fee last. A PI lawyer might say, "Some attorneys would charge you 40% of the recovery, however, I will be able to take your case for 30% of recovery." I think you get the idea here when it comes to this law practice management strategy.
Legal marketing is not always a "slam dunk so now, you have done everything I suggested above and the client is still having price objections. My advice is to let that client go. If money is their only remaining objection and nothing you have said or done to this point has made a difference then I suspect they are going to be a problem in other areas later on. What type of a law practice management problem? Well, like not paying their fees or objecting to some of your billing demanding still a lower fee. Also, they are telling you extremely clearly they are a price only buyer not a value purchaser who is not loyal to you as a long-term client but loyal to the lowest price. In legal marketing you need long-term clients who are not price sensitive and not problematic. Finally, if you begin to negotiate the price now you are showing weakness and they will use that weakness with you down the line. I say legal marketing is tough enough without this type of client. Make a good referral to one of your competitors who is not reading my material so they have the headaches that keeps them bogged down and not able to do any legal marketing since they are bogged down with these types of clients!
Thursday, July 24, 2008
All about Legal Transcription
Legal transcription has come into the public view recently being recognized for its efficient and professional influence on legal records and is steadily becoming a popular trend in the legal field. Legal transcriptionists, much like their counterparts in the medical field, listen to dictations from legal professionals and type them into documents that are edited and grammatically correct. These transcriptionists generally listen to testimonies, interrogations, court hearings, and pleadings, after which they compose what they heard into an easily understood document that will turn into record.
Legal transcriptionists generally work for larger firms or private practice attorneys who have a large number of cases. They are also widely used by large corporations, governmental departments, insurance companies, and banks that all have a need for more accurate legal records. A large number of transcriptionists work for the U.S. government attempting to establish a more organized and complete record system.
In order to be good legal transcriptionists, individuals should have a solid understanding of legal terminology. They should have impeccable grammar and a good command of the English language. After transcriptions are complete they become legal records that are extremely useful to lawyers when they are researching to win a case. Thanks to these transcriptionists, legal records are now more clearly written and thorough. The lawyers and paralegals who wrote the records before were often too busy to make sure the records were exact.
The job market is unique in that there is little competition and plenty of jobs. This fact is most likely due to the overwhelming need for accurate and more advanced legal records to help businesses keep better records and provide their clients with more protection. Other ways legal transcriptionists are hired is by companies that choose to outsource the work for lower costs and increased quality. By outsourcing, companies will generally have a quicker turnaround rate as well because they are dividing jobs across the board rather than giving them all to one particular person. However, there has been a growing trend that has threatened the U.S. job market slightly. Many overseas companies have begun to lend their services to U.S. companies for less money and with a quicker turnaround. These companies, with the majority being found in India, have obtained many U.S. clients who choose their services for the lower costs and to get more records completed. Yet, the news is not all bad. Many other businesses look to legal transcriptionists in the U.S. because they have a better understanding of the laws and the English language, a quality that the overseas companies cannot offer.
Although no formal training is required to become a legal transcriptionist, many companies require a basic knowledge of legal terminology and excellent grammatical skills. They also tend to gravitate toward individuals who have prior experience in the medical field, writing, or an extensive knowledge of English. However, there is a new trend in legal transcription that is lowering the chances of less qualified individuals getting jobs. Many companies are hiring retired lawyers to join their team and write up new records. These individuals are good candidates for legal transcription because they know the legal lingo, the laws, and generally people in the business to help them get started. They also have the added advantage of knowing precisely what is needed in files and what is unnecessary.
Although they play a key role in the security and development of better legal records, legal transcriptionists are often underappreciated. The legal transcription field has not yet gained support from governmental organizations as medical transcriptionists have, but their role as newcomers to the business is likely to blame. Despite that, legal transcriptionists are steadily becoming permanent fixtures on law firm and government department payrolls and the need for their services will likely continue to grow even more.
In recent years, the demand for talented and professional individuals to take on the task of writing accurate and grammatically correct legal records has been on the rise. These individuals, known as legal transcriptionists, are being looked to in order to take some of the workload from lawyers and paralegals who have a need for accurate records but do not have the time to construct them. Many reputable companies and individuals are now providing their services to law firms, banks, insurance companies, and government organizations in order to quickly supply legal records that are easier to understand. Not only are these services easing the workload of busy professionals, they are also improving the quality of legal records to make for more accurate and organized legal systems.
Legal transcriptionists use the latest technology to take dictations from legal professionals and transcribe them into official documents. These professionals generally work as secretaries in offices, allowing them full access to files and information. This profession is rising in importance as the need for accurate documentation increases. Their services help to create and maintain organized and detailed legal records that will help their superiors win more cases or conduct better business. The records created by legal transcriptionists also allow for a more efficiently run company because the workers spend less time concentrating on organization and more time on productive work.
Today there are several reputable companies that provide top-notch transcription services to those in need. TranscriptionStar is one of the most well-known transcription service providers that supply services to numerous corporations and small businesses in the U.S. and Europe. They work under the head of iSource, which uses the latest technology to provide high-quality, cost effective transcription services to their vast client base. TranscriptionStar provides several areas of transcription services other than legal that include medical, business, research, educational, and media. TranscriptionStar is HIPAA compliant and provides strict security in accordance with PHI Privacy and Security.
For larger jobs, RapidText.com is a good service that provides legal transcription to various businesses but prefers to work on larger projects and establish long-term relationships. The company employs around 250 transcriptionists who are well-trained and knowledgeable in several different fields, helping to provide the best and most complete documents possible.
For smaller or average sized jobs, TranscriptionStudio.com is a good place to look. TranscriptionStudio offers experienced professionals who have knowledge in a variety of legal areas. The versatility that this service provides allows the employees to supply transcription services to a variety of legal sectors. The company specializes in insurance, government, law, and media related fields and offers a one hunderd percent satisfaction guarantee.
UKtyping is another company that offers legal transcription to various groups. The company specializes in strictly legal services and has the advantage of vast knowledge in everything legal related. UKtyping provides great resources and tools to aid in dictation and record creation. The company works mainly with lawyers, doctors, accountants, authors, and property professionals but claims to be able to adapt to most other fields.
NCH.com is a site that supplies a list of businesses that are currently looking for transcriptionists. The site posts jobs from companies located all over the world, including the U.S., Canada, Asia, and Europe.
The services provided by legal transcriptionists are becoming invaluable resources to various companies throughout the U.S. These legal secretaries are single-handedly improving the way organizations run their businesses. The outpour of positions that are now available give the added perk of versatility in the workplace, allowing transcriptionists to find jobs in various sectors other than the legal world. Although these professionals do not always receive the recognition they deserve, there are steps being taken to create organizations that will promote better treatment and provide more rights to legal transcriptionists. These organizations will also be able to spell out precisely which qualifications should be necessary before embarking on a career in legal transcription. Hopefully these advancements will create better working conditions and help improve America's legal record system.
Legal transcriptionists generally work for larger firms or private practice attorneys who have a large number of cases. They are also widely used by large corporations, governmental departments, insurance companies, and banks that all have a need for more accurate legal records. A large number of transcriptionists work for the U.S. government attempting to establish a more organized and complete record system.
In order to be good legal transcriptionists, individuals should have a solid understanding of legal terminology. They should have impeccable grammar and a good command of the English language. After transcriptions are complete they become legal records that are extremely useful to lawyers when they are researching to win a case. Thanks to these transcriptionists, legal records are now more clearly written and thorough. The lawyers and paralegals who wrote the records before were often too busy to make sure the records were exact.
The job market is unique in that there is little competition and plenty of jobs. This fact is most likely due to the overwhelming need for accurate and more advanced legal records to help businesses keep better records and provide their clients with more protection. Other ways legal transcriptionists are hired is by companies that choose to outsource the work for lower costs and increased quality. By outsourcing, companies will generally have a quicker turnaround rate as well because they are dividing jobs across the board rather than giving them all to one particular person. However, there has been a growing trend that has threatened the U.S. job market slightly. Many overseas companies have begun to lend their services to U.S. companies for less money and with a quicker turnaround. These companies, with the majority being found in India, have obtained many U.S. clients who choose their services for the lower costs and to get more records completed. Yet, the news is not all bad. Many other businesses look to legal transcriptionists in the U.S. because they have a better understanding of the laws and the English language, a quality that the overseas companies cannot offer.
Although no formal training is required to become a legal transcriptionist, many companies require a basic knowledge of legal terminology and excellent grammatical skills. They also tend to gravitate toward individuals who have prior experience in the medical field, writing, or an extensive knowledge of English. However, there is a new trend in legal transcription that is lowering the chances of less qualified individuals getting jobs. Many companies are hiring retired lawyers to join their team and write up new records. These individuals are good candidates for legal transcription because they know the legal lingo, the laws, and generally people in the business to help them get started. They also have the added advantage of knowing precisely what is needed in files and what is unnecessary.
Although they play a key role in the security and development of better legal records, legal transcriptionists are often underappreciated. The legal transcription field has not yet gained support from governmental organizations as medical transcriptionists have, but their role as newcomers to the business is likely to blame. Despite that, legal transcriptionists are steadily becoming permanent fixtures on law firm and government department payrolls and the need for their services will likely continue to grow even more.
In recent years, the demand for talented and professional individuals to take on the task of writing accurate and grammatically correct legal records has been on the rise. These individuals, known as legal transcriptionists, are being looked to in order to take some of the workload from lawyers and paralegals who have a need for accurate records but do not have the time to construct them. Many reputable companies and individuals are now providing their services to law firms, banks, insurance companies, and government organizations in order to quickly supply legal records that are easier to understand. Not only are these services easing the workload of busy professionals, they are also improving the quality of legal records to make for more accurate and organized legal systems.
Legal transcriptionists use the latest technology to take dictations from legal professionals and transcribe them into official documents. These professionals generally work as secretaries in offices, allowing them full access to files and information. This profession is rising in importance as the need for accurate documentation increases. Their services help to create and maintain organized and detailed legal records that will help their superiors win more cases or conduct better business. The records created by legal transcriptionists also allow for a more efficiently run company because the workers spend less time concentrating on organization and more time on productive work.
Today there are several reputable companies that provide top-notch transcription services to those in need. TranscriptionStar is one of the most well-known transcription service providers that supply services to numerous corporations and small businesses in the U.S. and Europe. They work under the head of iSource, which uses the latest technology to provide high-quality, cost effective transcription services to their vast client base. TranscriptionStar provides several areas of transcription services other than legal that include medical, business, research, educational, and media. TranscriptionStar is HIPAA compliant and provides strict security in accordance with PHI Privacy and Security.
For larger jobs, RapidText.com is a good service that provides legal transcription to various businesses but prefers to work on larger projects and establish long-term relationships. The company employs around 250 transcriptionists who are well-trained and knowledgeable in several different fields, helping to provide the best and most complete documents possible.
For smaller or average sized jobs, TranscriptionStudio.com is a good place to look. TranscriptionStudio offers experienced professionals who have knowledge in a variety of legal areas. The versatility that this service provides allows the employees to supply transcription services to a variety of legal sectors. The company specializes in insurance, government, law, and media related fields and offers a one hunderd percent satisfaction guarantee.
UKtyping is another company that offers legal transcription to various groups. The company specializes in strictly legal services and has the advantage of vast knowledge in everything legal related. UKtyping provides great resources and tools to aid in dictation and record creation. The company works mainly with lawyers, doctors, accountants, authors, and property professionals but claims to be able to adapt to most other fields.
NCH.com is a site that supplies a list of businesses that are currently looking for transcriptionists. The site posts jobs from companies located all over the world, including the U.S., Canada, Asia, and Europe.
The services provided by legal transcriptionists are becoming invaluable resources to various companies throughout the U.S. These legal secretaries are single-handedly improving the way organizations run their businesses. The outpour of positions that are now available give the added perk of versatility in the workplace, allowing transcriptionists to find jobs in various sectors other than the legal world. Although these professionals do not always receive the recognition they deserve, there are steps being taken to create organizations that will promote better treatment and provide more rights to legal transcriptionists. These organizations will also be able to spell out precisely which qualifications should be necessary before embarking on a career in legal transcription. Hopefully these advancements will create better working conditions and help improve America's legal record system.
Expert Legal Help From True Lawyers
Have you ever imagined what will happen if you are sued or an arrest warrant is issued against you? The first thing that would come to your mind is to hire a lawyer, who shall provide the legal help. Often we come across situations where we find ourselves engulfed into legal matters. At these situations the best possible thing we can do is to find an attorney to cope with the trouble. The best place to find an attorney, among the various sources, is the attorney directory. Here the lawyers and attorneys are listed as per their specialization in different legal issues like registration, consumer protection, child custody, divorce etc. So whether you have any complain against a product, you want to file a divorce, or there is an arrest warrant for you, you can always seek Legal help from the true lawyers.
In our everyday life, we often come in close interaction with law and being a good citizen we must abide by the law of the state we live in. But sometimes we get a brush with the law like we get sued or sacked for no apparent reason. In the world of web you have ready access to any Lawyer Directory or Attorney Directory and when you feel the need for an attorney now you can just click one of these directories to find true lawyers and attorneys. Many lawyers are registered members of these online Lawyers directory and attorney directory, thereby providing us the most authentic and complete legal help.
The true lawyers apply the legal theories and knowledge to solve legal disputes and advance the interest of their clients who seek legal help. There are matters like registration and parking summons for vehicle owners and we need not always seek help from an attorney in such cases; we can always depend on self-help. But if the things go worse you must ask an attorney for legal help regarding the legal aspects of these issues. Sometimes it may happen that we have many ways to resolve a legal issue or that we are in jeopardy about what to do in a particular legal turmoil. In such a situation we can ask a lawyer about our queries on the specific legal issues or can hire a lawyer to present our case in the court. Entrepreneurs and businessmen usually prefer to ask an attorney regarding the intricacies of a legal issue before arriving at any legal decision.
For entrepreneurs and businessmen, legal help can be sought in matters related to estate planning, partnership deeds, financial agreements and business negotiations and transactions. Having wide knowledge about the law of the land and regular interaction with various legal issues, the true lawyers are the best professionals who can give expert advice to their clients and advance the interest of the clients. Professional legal help from the true lawyers can help us make the best benefit out of the rules and regulations imposed by the government.
Being a country comprising of fifty states, United States has a complicated legal system as all the fifty states have their own constitutions other than the common constitution of the nation. There are several laws that differ in different states, and it is not possible for a common man to know and understand all these law properly. For this reason we seek legal help from the true lawyers and attorneys whom we can find from the attorney directory or lawyers directory.
The directories help us to find an attorney from the state where we have faced the legal issues. Not every lawyers in a state deal with all legal issues; many of them specialize in different subjects like administration, transportation, tax, wills and probate, adoption, divorce, business laws etc. If we have some legal issues dealing with transportation law there is no point in going to an attorney who specializes in administrative laws or to ask an attorney specializing in divorce cases for the legal help. For this the Attorney directories provide a list of specialized lawyers who can be helpful for us in resolving the legal issues we have. After we find an attorney suitable for our job we can contact them and let the lawyer know about the legal issue. In the later stage we can ask an attorney to give expert opinion in this matter and with them we can even have the benefit of Attorney Referral service.
If the lawyer dealing with the legal issues feels that his or her opinion must be seconded by another attorney or that he or she is unable to find a solution for the legal issue, he or she may go for an attorney referral, i.e. they will refer another attorney to deal with the case. Generally the referred attorneys are very experienced and can provide the specific legal help. When the matter is related to tax planning, estate planning, drafting will or trust, business negotiations or personal matters like divorce or adoption, what is sought most is the legal help from the true lawyers.
When we feel that our reputation, finance or job is at the stake, we cannot help but find an attorney to provide us with the required legal help that will be beneficial to resolve those legal issues. With the online Attorney directory, an attorney can expect to be consulted 24 hours a day and seven days a week by the common people seeking legal help. This will add to the reputation of the lawyers. By registering in any lawyers directory the lawyers can expand their client base significantly. They can take the benefit of online chat to stay in touch with the client all the time to provide them with the necessary legal help. Also the clients can get in touch with a lawyer instantly if they feel that they need an attorney now.
All of us can have a close interaction with the law at any point of time. It is therefore necessary to know something about the law. When we are empowered with the law we can deal with many legal issues by ourselves. But if we feel that we really need legal help we can always bank on the true lawyers.
In our everyday life, we often come in close interaction with law and being a good citizen we must abide by the law of the state we live in. But sometimes we get a brush with the law like we get sued or sacked for no apparent reason. In the world of web you have ready access to any Lawyer Directory or Attorney Directory and when you feel the need for an attorney now you can just click one of these directories to find true lawyers and attorneys. Many lawyers are registered members of these online Lawyers directory and attorney directory, thereby providing us the most authentic and complete legal help.
The true lawyers apply the legal theories and knowledge to solve legal disputes and advance the interest of their clients who seek legal help. There are matters like registration and parking summons for vehicle owners and we need not always seek help from an attorney in such cases; we can always depend on self-help. But if the things go worse you must ask an attorney for legal help regarding the legal aspects of these issues. Sometimes it may happen that we have many ways to resolve a legal issue or that we are in jeopardy about what to do in a particular legal turmoil. In such a situation we can ask a lawyer about our queries on the specific legal issues or can hire a lawyer to present our case in the court. Entrepreneurs and businessmen usually prefer to ask an attorney regarding the intricacies of a legal issue before arriving at any legal decision.
For entrepreneurs and businessmen, legal help can be sought in matters related to estate planning, partnership deeds, financial agreements and business negotiations and transactions. Having wide knowledge about the law of the land and regular interaction with various legal issues, the true lawyers are the best professionals who can give expert advice to their clients and advance the interest of the clients. Professional legal help from the true lawyers can help us make the best benefit out of the rules and regulations imposed by the government.
Being a country comprising of fifty states, United States has a complicated legal system as all the fifty states have their own constitutions other than the common constitution of the nation. There are several laws that differ in different states, and it is not possible for a common man to know and understand all these law properly. For this reason we seek legal help from the true lawyers and attorneys whom we can find from the attorney directory or lawyers directory.
The directories help us to find an attorney from the state where we have faced the legal issues. Not every lawyers in a state deal with all legal issues; many of them specialize in different subjects like administration, transportation, tax, wills and probate, adoption, divorce, business laws etc. If we have some legal issues dealing with transportation law there is no point in going to an attorney who specializes in administrative laws or to ask an attorney specializing in divorce cases for the legal help. For this the Attorney directories provide a list of specialized lawyers who can be helpful for us in resolving the legal issues we have. After we find an attorney suitable for our job we can contact them and let the lawyer know about the legal issue. In the later stage we can ask an attorney to give expert opinion in this matter and with them we can even have the benefit of Attorney Referral service.
If the lawyer dealing with the legal issues feels that his or her opinion must be seconded by another attorney or that he or she is unable to find a solution for the legal issue, he or she may go for an attorney referral, i.e. they will refer another attorney to deal with the case. Generally the referred attorneys are very experienced and can provide the specific legal help. When the matter is related to tax planning, estate planning, drafting will or trust, business negotiations or personal matters like divorce or adoption, what is sought most is the legal help from the true lawyers.
When we feel that our reputation, finance or job is at the stake, we cannot help but find an attorney to provide us with the required legal help that will be beneficial to resolve those legal issues. With the online Attorney directory, an attorney can expect to be consulted 24 hours a day and seven days a week by the common people seeking legal help. This will add to the reputation of the lawyers. By registering in any lawyers directory the lawyers can expand their client base significantly. They can take the benefit of online chat to stay in touch with the client all the time to provide them with the necessary legal help. Also the clients can get in touch with a lawyer instantly if they feel that they need an attorney now.
All of us can have a close interaction with the law at any point of time. It is therefore necessary to know something about the law. When we are empowered with the law we can deal with many legal issues by ourselves. But if we feel that we really need legal help we can always bank on the true lawyers.
Saturday, July 19, 2008
Your Home Business Legal Points
There are several important legal factor groups to consider when getting into running a home business.
Like it or not, beyond our control, one of them is the legal field.
Did you know that there are also quite a few legalities you will need to keep in mind?
It is true, you will not be able to simply open up your doors and hang out a sign.
As a matter of fact, depending on the business you are running in your home, there are different legal rules and regulations you need to follow.
You need to search for a cheap, sympathetic to you, attorney in the beginning.
You can hold off until you have your first legal question or when your business starts to take off.
When steady business orders start coming in you need to do a short interview with an attorney.
This will prepare you for someone who will try to take cheap legal shots at you. From experience, I can almost guarantee you this will happen.
The better you get in life, at anything, the more others will come after you. Sad but true.
You want to drop $30 or $40 and go over your business with him and ask if he or she feels they can handle legal problems that will come up.
Almost all of them will say yes.
The important thing to do here is to establish a relationship, light though it may be, when a legal problem comes up and any good attorney will steer you in the right direction to solve it.
Frequently, I have found, that it only takes a brief phone call to your now business attorney.
If you say you want an attorney for potential problems in the future, at the beginning, some of them will let you off with no fee because they will hope to get steady and future business from your business legal needs.
For example, if you are planning on opening a home day care business, you will need to have a license to operate.
This will mean that a city inspector will come in and take a look at your residence to make sure it meets the safety codes and rules that your city and state has set forth for home day care centers.
Also, you will need to permit occasional visits from the overseeing government agency to ensure you are still up to code.
Do not be angry over this. They are just doing their job.
If you are living in a covenant controlled community, you will need to dig up the bylaws of your homeowner association and take a look about what it says with respect to home based businesses.
Anything, that looks critical, that you do not understand should be reviewed with an attorney.
Some associations do not permit businesses to be run out of homes within their vicinity, while others only limit the kinds of business you may engage in or the hours of operation.
Some of the associations will be more aggressive than others.
If you are not under the auspices of a homeowner association, you still need to check in with the zoning commission to make sure that your proposed home business will not violate any zoning laws in your area.
The same is true for signs. While you will need some signs that advertise the location of your business, you need to find out what the neighborhood and city limitations are.
This may pertain to size, color, and also placement of any sign. Many neighbors do not like this.
Another area to observe carefully, if needed, is insurance issues.
For example, if a customer were to enter your home business location and fell in the course of doing business with you, your homeowner insurance will probably not cover any of the injuries she or he sustains.
An opposing attorney can be dangerous to you, in this instance.
You will need to contact your insurance company to find out if you need a special waiver, rider, or a different policy altogether.
If the cost is too much, just meet people at a local fast food restaurant where the customers there are Always well behaved.
Noisy, undisciplined areas are a very bad idea. Okay?
Most people are alright with meeting in public areas and feel safer anyway.
While these legalities may appear to be a wrench in your home business, do keep in mind that they are designed to protect you, your customers, and everyone else doing a similar kind of business.
Adhering to certain standards and obtaining licenses and permits will actually give you a leg up on your competition.
You can show how your business is superior to anyone else. How? By simply displaying your licenses and permits.
It shows you are sincere in making your business a good one that customers will find to satisfy their needs effectively.
Matter of fact, you could say that being careful to follow the legalities of running a business in your home makes for a great marketing tool! Per the paragraph above, it shows you care to do a good, all around job.
Like it or not, beyond our control, one of them is the legal field.
Did you know that there are also quite a few legalities you will need to keep in mind?
It is true, you will not be able to simply open up your doors and hang out a sign.
As a matter of fact, depending on the business you are running in your home, there are different legal rules and regulations you need to follow.
You need to search for a cheap, sympathetic to you, attorney in the beginning.
You can hold off until you have your first legal question or when your business starts to take off.
When steady business orders start coming in you need to do a short interview with an attorney.
This will prepare you for someone who will try to take cheap legal shots at you. From experience, I can almost guarantee you this will happen.
The better you get in life, at anything, the more others will come after you. Sad but true.
You want to drop $30 or $40 and go over your business with him and ask if he or she feels they can handle legal problems that will come up.
Almost all of them will say yes.
The important thing to do here is to establish a relationship, light though it may be, when a legal problem comes up and any good attorney will steer you in the right direction to solve it.
Frequently, I have found, that it only takes a brief phone call to your now business attorney.
If you say you want an attorney for potential problems in the future, at the beginning, some of them will let you off with no fee because they will hope to get steady and future business from your business legal needs.
For example, if you are planning on opening a home day care business, you will need to have a license to operate.
This will mean that a city inspector will come in and take a look at your residence to make sure it meets the safety codes and rules that your city and state has set forth for home day care centers.
Also, you will need to permit occasional visits from the overseeing government agency to ensure you are still up to code.
Do not be angry over this. They are just doing their job.
If you are living in a covenant controlled community, you will need to dig up the bylaws of your homeowner association and take a look about what it says with respect to home based businesses.
Anything, that looks critical, that you do not understand should be reviewed with an attorney.
Some associations do not permit businesses to be run out of homes within their vicinity, while others only limit the kinds of business you may engage in or the hours of operation.
Some of the associations will be more aggressive than others.
If you are not under the auspices of a homeowner association, you still need to check in with the zoning commission to make sure that your proposed home business will not violate any zoning laws in your area.
The same is true for signs. While you will need some signs that advertise the location of your business, you need to find out what the neighborhood and city limitations are.
This may pertain to size, color, and also placement of any sign. Many neighbors do not like this.
Another area to observe carefully, if needed, is insurance issues.
For example, if a customer were to enter your home business location and fell in the course of doing business with you, your homeowner insurance will probably not cover any of the injuries she or he sustains.
An opposing attorney can be dangerous to you, in this instance.
You will need to contact your insurance company to find out if you need a special waiver, rider, or a different policy altogether.
If the cost is too much, just meet people at a local fast food restaurant where the customers there are Always well behaved.
Noisy, undisciplined areas are a very bad idea. Okay?
Most people are alright with meeting in public areas and feel safer anyway.
While these legalities may appear to be a wrench in your home business, do keep in mind that they are designed to protect you, your customers, and everyone else doing a similar kind of business.
Adhering to certain standards and obtaining licenses and permits will actually give you a leg up on your competition.
You can show how your business is superior to anyone else. How? By simply displaying your licenses and permits.
It shows you are sincere in making your business a good one that customers will find to satisfy their needs effectively.
Matter of fact, you could say that being careful to follow the legalities of running a business in your home makes for a great marketing tool! Per the paragraph above, it shows you care to do a good, all around job.
Lawyer - Backbones of The Legal System
Lawyers form the backbone of the legal system and hold positions of great responsibility. Lawyers are also called attorneys and act as both advocates and advisors in our society. As advocates in criminal and civil trials, they represent one of the parties by presenting evidence and arguing in court to support the client. As advisors, lawyers inform their clients about their legal rights and suggest ways of action in both professional and personal matters. The nature of a lawyer's job depends upon his or her area of specialization. They must be able to think quickly and speak with ease and confidence. At the same time they must be familiar with courtroom rules and strategy. They spend most of their time in researching, interviewing clients and witnesses and collecting other details required for the trial.
Bankruptcy, probate, international and elder law are some of the areas in which a lawyer specializes. The lawyer who specializes in environmental law represents interest groups, waste disposal companies and construction firms. They help the clients to prepare licenses and file applications for approval. Most lawyers are in private practice and carries out criminal and civil trials. In criminal cases the lawyer represents the clients who have been charged with crimes. They argue their cases in the law court to bring justice to them. Civil lawyers assist clients with litigation, wills, trusts, contracts, mortgages, titles and leases.
A single client may employ a lawyer for full time. When the lawyer is employed by a corporation, the lawyer is known as "house counsel". The lawyer then advices the company concerning legal issues related to business activities. They may involve patents, government regulations, contracts with other companies, property interests and collective bargaining agreements with unions. A number of attorneys are employed at different levels of government. For criminal justice system, the attorney general, prosecutors and public defenders play significant roles.
The lawyers perform most of their work in offices, law libraries and courtrooms. Software is used to search legal literature automatically and to identify legal texts useful for a specific case. They use electronic filing, videoconferencing and voice-recognition technology to discuss a case with all the parties involved in it. The responsibilities of a lawyer while on a case are oral arguments in the court, research and drafting of the court papers, practice before administrative courts, client intake and counseling, legal advice on all the legal matters, protecting intellectual property, negotiating and drafting contracts, carrying out the intent of the deceases and prosecution of criminal suspects.
At the university level, law is taught by a faculty of law. The law students pursue a Bachelor of Laws degree. Law is often taught at law schools that awards the Juris Doctor degree. Law students in many countries have to pass a bar examination before receiving a license to practice.
Bankruptcy, probate, international and elder law are some of the areas in which a lawyer specializes. The lawyer who specializes in environmental law represents interest groups, waste disposal companies and construction firms. They help the clients to prepare licenses and file applications for approval. Most lawyers are in private practice and carries out criminal and civil trials. In criminal cases the lawyer represents the clients who have been charged with crimes. They argue their cases in the law court to bring justice to them. Civil lawyers assist clients with litigation, wills, trusts, contracts, mortgages, titles and leases.
A single client may employ a lawyer for full time. When the lawyer is employed by a corporation, the lawyer is known as "house counsel". The lawyer then advices the company concerning legal issues related to business activities. They may involve patents, government regulations, contracts with other companies, property interests and collective bargaining agreements with unions. A number of attorneys are employed at different levels of government. For criminal justice system, the attorney general, prosecutors and public defenders play significant roles.
The lawyers perform most of their work in offices, law libraries and courtrooms. Software is used to search legal literature automatically and to identify legal texts useful for a specific case. They use electronic filing, videoconferencing and voice-recognition technology to discuss a case with all the parties involved in it. The responsibilities of a lawyer while on a case are oral arguments in the court, research and drafting of the court papers, practice before administrative courts, client intake and counseling, legal advice on all the legal matters, protecting intellectual property, negotiating and drafting contracts, carrying out the intent of the deceases and prosecution of criminal suspects.
At the university level, law is taught by a faculty of law. The law students pursue a Bachelor of Laws degree. Law is often taught at law schools that awards the Juris Doctor degree. Law students in many countries have to pass a bar examination before receiving a license to practice.
Legal Fees in Addition to Your Attorney Fees and Your Legal Bill
When filing a lawsuit, in addition to your attorney fees, you may be required to pay some or all of these extra expenses or otherwise referred to as legal fees:
- Filing fees,
- Per page or flat fee for word processing, photocopying and fax,
- Secretarial time,
- Overtime,
- Telephone charges,
- Courier, postage, and overnight delivery charges,
- Reporter charges for recording testimony and providing a written script of the same,
- Court fees and other court costs,
- Lawyer travel expanses, including gasoline, mileage, parking fees, meals, airfare and lodging,
- Expert and consultant fees,
- Investigator fees,
- Jury fees and mileage fees (set by law) if you request a jury for your case. These expenses must be paid in advance,
- Service fees for people who locate witnesses and other parties involved in the case and deliver legal papers to them,
- Witness fees and mileage charges for people who testify at depositions and trials. These amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away,
- Other fees related to your case.
Make sure that you're not taken by surprise with any hidden costs or expenses. It would be wise to discuss them with your potential lawyer before you actually hire him or her. Also, you need to find out if you are going to be responsible for paying these costs directly as they arise or if you are going to have to reimburse your lawyer for these expenses that he or she may pay on your behalf. It would be in your best interest to ask for a written estimate of all anticipated additional costs. You can also determine a certain dollar amount and tell your lawyer that costs over that amount have to be approved by you in advance.
Your Legal Bill
Unless your case is under a contingency fee agreement, your lawyer would probably bill you monthly unless agreed upon otherwise between the two of you. As mentioned before, if you're paying your lawyer hourly, you may want to establish a cap or a limit at which your lawyer needs to get your permission before spending more.
When you receive your legal bill, you need to take your time going over it. You do have the right to get itemized bills that would show you how your lawyer has spent his or her time on your case. The bill needs to show your lawyer's fees and expenses with an appropriate explanation for each. For instance, if you've been charged 6 hours for a research time, your bill needs to spell out what exactly was being researched. If it doesn't, you need to ask your lawyer for specifics. If something seems suspicious, don't automatically accuse your attorney. Just give him or her a call and ask for an explanation. Even if it was a justified charge, this will let your lawyer know that you're paying a very close attention, which is totally within your rights.
You can get on a fee payment schedule. This is a monthly payment plan which allows you to pay an expected sum every month on the balance of your bill. But, be careful with this. In general the attorney would charge interest on the remaining balance. And that's more money out of your pocket. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.
And last but not least, lawyers are just humans as we all are. All humans make mistakes every now and then - lawyers too. Don't be afraid to pull out your calculator and check the math on your bill. If you find that the numbers are not adding up, simply bring it to your lawyer's attention. Anytime you think your lawyer's bill contains an error or something that you don't agree with, contact your lawyer immediately and try to resolve the discrepancy.
Not Being Able to Pay the Bill
If you cannot afford paying your lawyer's bill, contact your lawyer immediately (don't wait) to see if you can make any payment arrangements. You could ask your lawyer to postpone work temporarily until you can pay the bill. However, if you cannot reach an agreement, your lawyer may be entitled to stop working on your case. In some cases, your lawyer may acquire a lien on your house or property to secure their fee. So, it is recommended for you to come up with a plan on finding the funds necessary to pay your attorney.
Reducing Your Legal Costs
Time is money when it comes to legal fees. By answering your lawyer's questions fully and honestly, you will save time and also help your lawyer do a better job. Regardless of how embarrassing or how uncomfortable your answer is, by not providing your lawyer all of the needed facts, he or she would need to spend more time figuring out those details, which will cost you more money. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. So, by providing your lawyer all of the needed information, you will save a lot of time, which on the other hand will reduce your legal costs.
Also, offer your time. Let your lawyer know that you are willing to help out, such as picking up or delivering documents, making phone calls, faxing documents and such. Instead of paying for an overpriced hourly rate for someone else to do it, by you doing some everyday general tasks, you can reduce your legal costs tremendously.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
- Filing fees,
- Per page or flat fee for word processing, photocopying and fax,
- Secretarial time,
- Overtime,
- Telephone charges,
- Courier, postage, and overnight delivery charges,
- Reporter charges for recording testimony and providing a written script of the same,
- Court fees and other court costs,
- Lawyer travel expanses, including gasoline, mileage, parking fees, meals, airfare and lodging,
- Expert and consultant fees,
- Investigator fees,
- Jury fees and mileage fees (set by law) if you request a jury for your case. These expenses must be paid in advance,
- Service fees for people who locate witnesses and other parties involved in the case and deliver legal papers to them,
- Witness fees and mileage charges for people who testify at depositions and trials. These amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away,
- Other fees related to your case.
Make sure that you're not taken by surprise with any hidden costs or expenses. It would be wise to discuss them with your potential lawyer before you actually hire him or her. Also, you need to find out if you are going to be responsible for paying these costs directly as they arise or if you are going to have to reimburse your lawyer for these expenses that he or she may pay on your behalf. It would be in your best interest to ask for a written estimate of all anticipated additional costs. You can also determine a certain dollar amount and tell your lawyer that costs over that amount have to be approved by you in advance.
Your Legal Bill
Unless your case is under a contingency fee agreement, your lawyer would probably bill you monthly unless agreed upon otherwise between the two of you. As mentioned before, if you're paying your lawyer hourly, you may want to establish a cap or a limit at which your lawyer needs to get your permission before spending more.
When you receive your legal bill, you need to take your time going over it. You do have the right to get itemized bills that would show you how your lawyer has spent his or her time on your case. The bill needs to show your lawyer's fees and expenses with an appropriate explanation for each. For instance, if you've been charged 6 hours for a research time, your bill needs to spell out what exactly was being researched. If it doesn't, you need to ask your lawyer for specifics. If something seems suspicious, don't automatically accuse your attorney. Just give him or her a call and ask for an explanation. Even if it was a justified charge, this will let your lawyer know that you're paying a very close attention, which is totally within your rights.
You can get on a fee payment schedule. This is a monthly payment plan which allows you to pay an expected sum every month on the balance of your bill. But, be careful with this. In general the attorney would charge interest on the remaining balance. And that's more money out of your pocket. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.
And last but not least, lawyers are just humans as we all are. All humans make mistakes every now and then - lawyers too. Don't be afraid to pull out your calculator and check the math on your bill. If you find that the numbers are not adding up, simply bring it to your lawyer's attention. Anytime you think your lawyer's bill contains an error or something that you don't agree with, contact your lawyer immediately and try to resolve the discrepancy.
Not Being Able to Pay the Bill
If you cannot afford paying your lawyer's bill, contact your lawyer immediately (don't wait) to see if you can make any payment arrangements. You could ask your lawyer to postpone work temporarily until you can pay the bill. However, if you cannot reach an agreement, your lawyer may be entitled to stop working on your case. In some cases, your lawyer may acquire a lien on your house or property to secure their fee. So, it is recommended for you to come up with a plan on finding the funds necessary to pay your attorney.
Reducing Your Legal Costs
Time is money when it comes to legal fees. By answering your lawyer's questions fully and honestly, you will save time and also help your lawyer do a better job. Regardless of how embarrassing or how uncomfortable your answer is, by not providing your lawyer all of the needed facts, he or she would need to spend more time figuring out those details, which will cost you more money. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. So, by providing your lawyer all of the needed information, you will save a lot of time, which on the other hand will reduce your legal costs.
Also, offer your time. Let your lawyer know that you are willing to help out, such as picking up or delivering documents, making phone calls, faxing documents and such. Instead of paying for an overpriced hourly rate for someone else to do it, by you doing some everyday general tasks, you can reduce your legal costs tremendously.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
Choosing the Right Lawyer and Getting the Best Legal Advice
When you are seeking legal advice it is very important to find the right lawyer. There are good and bad ones out there and you need to choose one that will fight for you and try to get results that are acceptable. Price is often a problem as there are a lot of attorneys who will over charge you.
One of the best ways to find an attorney is to look in your yellow pages. Here you will find listings of all your local attorneys. Here are some points to look for:
- Try to find a lawyer who is from the same state and city as you are and is familiar with all the state laws.
- The next step is to find a firm that deals with your particular type of case, as many attorneys will specialize in different fields. Because there are so many different rules and regulations for every field it is rare to find an attorney who will deal with more than one field.
- Try to look for an experienced attorney, who will be familiar with all the courthouse rules, regulations and judges
- It is important for your legal advisor to be board certified in the state where they are practicing.
- It is wise to check out their reputation if possible, with general public or peers.
- They should carry malpractice insurance
- Try to get a free initial consultation
- Be careful when you sign a contract. There should not be any hidden fees and everything should be clear and up front. Make sure fees are discussed and agreed on before signing. Read the contract very carefully.
Make a list of a few lawyers before calling them. Ask pertinent questions and be careful of how they tackle and answer them. Be careful to meet with the same attorney who will be handling your case. Here are some questions that you might want to ask:
- Try to find out how much experience they have in cases similar to yours.
- Try to make sure the case can be resolved in your favor and what your options may be.
- How long it will take for settlement
- What your out of pocket expenses might be
- Their fee and total bill
- Make sure they will keep you informed and how they intend to do this.
When you seek legal advice try to keep these points in mind when choosing your lawyer. When you take care to choose wisely you will be able to get the best service for your money.
One of the best ways to find an attorney is to look in your yellow pages. Here you will find listings of all your local attorneys. Here are some points to look for:
- Try to find a lawyer who is from the same state and city as you are and is familiar with all the state laws.
- The next step is to find a firm that deals with your particular type of case, as many attorneys will specialize in different fields. Because there are so many different rules and regulations for every field it is rare to find an attorney who will deal with more than one field.
- Try to look for an experienced attorney, who will be familiar with all the courthouse rules, regulations and judges
- It is important for your legal advisor to be board certified in the state where they are practicing.
- It is wise to check out their reputation if possible, with general public or peers.
- They should carry malpractice insurance
- Try to get a free initial consultation
- Be careful when you sign a contract. There should not be any hidden fees and everything should be clear and up front. Make sure fees are discussed and agreed on before signing. Read the contract very carefully.
Make a list of a few lawyers before calling them. Ask pertinent questions and be careful of how they tackle and answer them. Be careful to meet with the same attorney who will be handling your case. Here are some questions that you might want to ask:
- Try to find out how much experience they have in cases similar to yours.
- Try to make sure the case can be resolved in your favor and what your options may be.
- How long it will take for settlement
- What your out of pocket expenses might be
- Their fee and total bill
- Make sure they will keep you informed and how they intend to do this.
When you seek legal advice try to keep these points in mind when choosing your lawyer. When you take care to choose wisely you will be able to get the best service for your money.
Friday, July 18, 2008
Is Your Home Business Legal?
If you are running a home business you know that there is so much more to being successful than simply hanging out a shingle advertising your availability. After all, you know that there are stringent rules and regulations with respect to the formation of a business and you do know that failure to follow these legal guidelines could result in problems of a variety of kinds, all of them costly.
Yet did you know that in spite of your best efforts to keep all your activities legal, you might still be breaking some laws? For example, while you know that you are required by law to observe important health and safety codes when opening your home beauty salon, did you know that you need to obtain specific licensure from the state and even county to do so?
Beauticians must be licensed so as to ensure that they are considered well qualified by the board that oversees this business, and it makes no difference if you work in a big salon or for yourself as part of your home business. Make sure you have the licenses you need and display them as directed. Another area that many home business owners neglect to peruse is the topic of insurance.
While you most likely carry some home owners insurance, do you also have insurance for your business? Do not think that your home owners policy will cover the fall of a customer who visits you as part of your doing business. As a matter of fact, many policies specifically exclude home businesses from their home owner coverage.
Thus, it is imperative that you not only read your policy and understand the limitations but that you also understand what kind of coverage you will need to protect yourself and your clients. Bonding is another tricky question that many home business owners may not know they need. If you are a notary public, for example, you will require bonding.
The same could be said for any other kind of business that carries the risk of making grievous errors which could result in extreme legal consequences. To protect your personal assets from being awarded to someone in the case of a lawsuit, it is wise to go ahead and be bonded to prevent any of your own money to become part of a potential judgment. A rarely considered question of legality crops up when it comes to signage for your home business.
If you live in a covenant controlled community, you will already be familiar with the fact that not everything is permitted. Yet the city and county also may have rules and regulations when it comes to the size, color and number of signs advertising your home business. Failure to comply with these rules will result in costly fines and a loss of your signs.
Yet did you know that in spite of your best efforts to keep all your activities legal, you might still be breaking some laws? For example, while you know that you are required by law to observe important health and safety codes when opening your home beauty salon, did you know that you need to obtain specific licensure from the state and even county to do so?
Beauticians must be licensed so as to ensure that they are considered well qualified by the board that oversees this business, and it makes no difference if you work in a big salon or for yourself as part of your home business. Make sure you have the licenses you need and display them as directed. Another area that many home business owners neglect to peruse is the topic of insurance.
While you most likely carry some home owners insurance, do you also have insurance for your business? Do not think that your home owners policy will cover the fall of a customer who visits you as part of your doing business. As a matter of fact, many policies specifically exclude home businesses from their home owner coverage.
Thus, it is imperative that you not only read your policy and understand the limitations but that you also understand what kind of coverage you will need to protect yourself and your clients. Bonding is another tricky question that many home business owners may not know they need. If you are a notary public, for example, you will require bonding.
The same could be said for any other kind of business that carries the risk of making grievous errors which could result in extreme legal consequences. To protect your personal assets from being awarded to someone in the case of a lawsuit, it is wise to go ahead and be bonded to prevent any of your own money to become part of a potential judgment. A rarely considered question of legality crops up when it comes to signage for your home business.
If you live in a covenant controlled community, you will already be familiar with the fact that not everything is permitted. Yet the city and county also may have rules and regulations when it comes to the size, color and number of signs advertising your home business. Failure to comply with these rules will result in costly fines and a loss of your signs.
Your Helpful Home Legal Business Basics
Your home business career should start with basic legal knowledge about business matters that can commonly come up. Here are a few common terms, ideas and thoughts that someone starting a home business career should know.
Common discussions during a home business career are whether to become a corporation, an LLC, a sole proprietorship or a partnership. The biggest plus, as understood by many of being a corporation, is the idea that a corporation will protect the owner from personal liability.
The reality is that the creation of a corporation as part of someones home business career can protect the entrepreneur from personal liability.
Referred to as a corporate veil, it protects individuals involved in the business from having creditors, customers and others attack their personal assets should a lawsuit be filed against the corporation. It is not enough, however, for the venture to be named a corporation.
The home business founder has to have a corporate feel in his or her career, with meetings of the board of directors, minutes and note taking and publishing, as well as a corporate checking account and perhaps credit cards in the name of the corporation.
Meaning keeping excellent records and a well organized system so they can be easily analyzed and found quickly with ease. Someone whose career involves a home business and who is thinking about creating a corporation should seek the advice of an attorney who has experience with others in your same field.
Registering a company name is important to a home business career and generally means contact with the office of the secretary of state. Business licenses and permit regulations vary considerably from municipality to municipality and from state to state.
The advantages of having a business attorney to help with a home business career are that the attorney will keep abreast of the many changes that occur in the realm of business licenses, corporate and tax issues, the advantages and disadvantages of sole proprietorships, partnership and the various types of incorporation, as well as the continuous changes that are in zoning restrictions and requirements for business licensing.
When it comes time for acquiring a business license for that home business career it might be as simple as a stop at the city clerk's office and a $20 check.
Or an entrepreneur could become embroiled in many time consuming and possibly restrictive compliances such as permits from the local fire department, permits for control of air and water pollution, permits for signs, country permits, licensing from the state, licensing from the federal government, licensing for purposes of state or city or county sales tax, and permits issued by the local or state health department.
These are the things that might have to be dealt with at the start of a home business career.
You would be well advised to have knowledge of a local attorney who can advise you for reasonably cheap fees at the beginning of your business career until you are ready to incorporate your business.
If you start doing financially well, without an attorney to advise you of different legal problems that come up, from customers or the government at any level, you might find your beautiful financial growing future trashed by an incompetent, raised on government employee, or a greedy customer seeking to line their pockets, unfairly, at your expense.
Many times an attorney can stop these profit eaters dead in their tracks or at least extremely limit the damage and expense they can do to you.
Common discussions during a home business career are whether to become a corporation, an LLC, a sole proprietorship or a partnership. The biggest plus, as understood by many of being a corporation, is the idea that a corporation will protect the owner from personal liability.
The reality is that the creation of a corporation as part of someones home business career can protect the entrepreneur from personal liability.
Referred to as a corporate veil, it protects individuals involved in the business from having creditors, customers and others attack their personal assets should a lawsuit be filed against the corporation. It is not enough, however, for the venture to be named a corporation.
The home business founder has to have a corporate feel in his or her career, with meetings of the board of directors, minutes and note taking and publishing, as well as a corporate checking account and perhaps credit cards in the name of the corporation.
Meaning keeping excellent records and a well organized system so they can be easily analyzed and found quickly with ease. Someone whose career involves a home business and who is thinking about creating a corporation should seek the advice of an attorney who has experience with others in your same field.
Registering a company name is important to a home business career and generally means contact with the office of the secretary of state. Business licenses and permit regulations vary considerably from municipality to municipality and from state to state.
The advantages of having a business attorney to help with a home business career are that the attorney will keep abreast of the many changes that occur in the realm of business licenses, corporate and tax issues, the advantages and disadvantages of sole proprietorships, partnership and the various types of incorporation, as well as the continuous changes that are in zoning restrictions and requirements for business licensing.
When it comes time for acquiring a business license for that home business career it might be as simple as a stop at the city clerk's office and a $20 check.
Or an entrepreneur could become embroiled in many time consuming and possibly restrictive compliances such as permits from the local fire department, permits for control of air and water pollution, permits for signs, country permits, licensing from the state, licensing from the federal government, licensing for purposes of state or city or county sales tax, and permits issued by the local or state health department.
These are the things that might have to be dealt with at the start of a home business career.
You would be well advised to have knowledge of a local attorney who can advise you for reasonably cheap fees at the beginning of your business career until you are ready to incorporate your business.
If you start doing financially well, without an attorney to advise you of different legal problems that come up, from customers or the government at any level, you might find your beautiful financial growing future trashed by an incompetent, raised on government employee, or a greedy customer seeking to line their pockets, unfairly, at your expense.
Many times an attorney can stop these profit eaters dead in their tracks or at least extremely limit the damage and expense they can do to you.
How To Protect What You Create With A Copyright
In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.
Every business in the United States is susceptible to Intellectual Property theft; small businesses are at an even greater risk. Individual writers and owners of small publications offer a large cache of information for intellectual property thieves to grab, and as I pointed out above, the Internet has made it very easy to do. To guard against this happening to you or your company you need to know what your rights are.
A copyright under U.S. law protects authors of "original works of authorship" fixed in any material medium of expression. This can encompass sounds, notes, words, numbers, pictures, and virtually any other media. Works that are covered under copyright law are diverse and include artistic, architectural, literary, dramatic, audiovisual, and musical. A work does not have to be published to be covered.
According to the copyright law passed in 1976, the owner of a copyright has the exclusive right to distribute, reproduce, perform, and display their work. The rights are transferable by the owner who may license them, sell them, donate them to charity or even leave them to their heirs. According to the law, it is not legal to violate any of these rights, and if the owner of a copyright wins in a claim for copyright infringement, the court may order both preliminary and permanent injunctions barring any and all present and future infringements and may also order the surrender of the offending materials.
Many people think that there is some big process they have to go through in order to obtain a copyright. The fact of the matter is your work is protected by Copyright Law when you create it and it is placed as a copy or recorded the first time. An article you write is protected, as is a song or music whether it is in sheet music, on a CD, or both forms of media. Despite this fact it is still recommended that you register formally with the Copyright Office to establish a public record and give yourself concrete legal protection for any suits filed in court.
A copyright gives you protection for 70 years after your death or if you created the work with another it lasts 70 years after the last surviving author's death. As far as anonymous works and works that were made for hire, the time is extended to as long as 120 years from the date of creation.
Unfortunately there are no international copyrights to guarantee you copyright protection globally, but most countries recognize the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. These are the top international copyright agreements for providing foreign authors with copyright protection. If you are in doubt about whether or not a work you have is protected, be sure to consult with a qualified copyright attorney. That is the only way to be absolutely sure you have all the bases covered.
Every business in the United States is susceptible to Intellectual Property theft; small businesses are at an even greater risk. Individual writers and owners of small publications offer a large cache of information for intellectual property thieves to grab, and as I pointed out above, the Internet has made it very easy to do. To guard against this happening to you or your company you need to know what your rights are.
A copyright under U.S. law protects authors of "original works of authorship" fixed in any material medium of expression. This can encompass sounds, notes, words, numbers, pictures, and virtually any other media. Works that are covered under copyright law are diverse and include artistic, architectural, literary, dramatic, audiovisual, and musical. A work does not have to be published to be covered.
According to the copyright law passed in 1976, the owner of a copyright has the exclusive right to distribute, reproduce, perform, and display their work. The rights are transferable by the owner who may license them, sell them, donate them to charity or even leave them to their heirs. According to the law, it is not legal to violate any of these rights, and if the owner of a copyright wins in a claim for copyright infringement, the court may order both preliminary and permanent injunctions barring any and all present and future infringements and may also order the surrender of the offending materials.
Many people think that there is some big process they have to go through in order to obtain a copyright. The fact of the matter is your work is protected by Copyright Law when you create it and it is placed as a copy or recorded the first time. An article you write is protected, as is a song or music whether it is in sheet music, on a CD, or both forms of media. Despite this fact it is still recommended that you register formally with the Copyright Office to establish a public record and give yourself concrete legal protection for any suits filed in court.
A copyright gives you protection for 70 years after your death or if you created the work with another it lasts 70 years after the last surviving author's death. As far as anonymous works and works that were made for hire, the time is extended to as long as 120 years from the date of creation.
Unfortunately there are no international copyrights to guarantee you copyright protection globally, but most countries recognize the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. These are the top international copyright agreements for providing foreign authors with copyright protection. If you are in doubt about whether or not a work you have is protected, be sure to consult with a qualified copyright attorney. That is the only way to be absolutely sure you have all the bases covered.
Legal Problems The Newbie Should Know About
Legal problems can easily sink your internet business before you even begin to swim. Legal requirements abound in the internet arena.
Its your responsibility to get yourself up to speed on these requirements. Ignorance of the law is not acceptable.
Links to your Contact Information and All About Us Information should be on all of your webpages. Your main legal information is your Copyright, Terms of Service, Disclaimer, and Privacy Policy and they should be included as well.
Copyright
Make sure the word copyright and the copyright symbol are at the bottom of your webpages. If you are selling anything, include the words All Rights Reserved. If your product is available worldwide, include that term also.
Terms Of Service
An age statement is strongly advised. In the US, the minimum age is 13 years old, 18 in most other countries.
To safeguard yourself, use 18 years old as the required age for your site. Also include the terms for using your site.
Cyberspace has its boundaries. There are rules and regulations that govern advertising. They are called the Dot Com Disclosures.
Disclaimer
The internet is riddled with viruses, spyware, Trojan horses, and all those other attackers of your computer. Tell visitors to take precautions. Are you giving advice?
Always let your visitors know they should see a relevant professional before using your advice. Also, due to the fast changing nature of the internet, information goes out of date.
You cannot be held liable for that, so let your visitors know.
If you sell a product your visitors expect to help them make money, never say the amount they should make. Your legal problems will multiply if you do. You really do not know.
So many variables go into others being as successful as you. The visitor may not have the internet savvy that you have, or the motivation. You cannot guarantee results. Here is where you state all of that information.
Privacy Policy
Should you capture a visitors private information, include your policy for doing so. Tell your visitor what you intend to do with the information.
If you intend to share the captured information, you must say so.
I will just add this about spamming. This is a small area in the Can Spam Act that receives much abuse. It states, The Act also prohibits false or misleading subject headings in commercial email messages.
Do not send any grand promises of fame and fortune in your email subject line. This is generally done to encourage people to open your email.
Build a great relationship with your list. Theres no need for grandstanding. When the people who know you see your name they will open your email. You can take that to the bank!
I cannot guarantee that you will not have legal problems during your internet journey. But if you include these items in your website, you would have done much to reduce your risk.
Its your responsibility to get yourself up to speed on these requirements. Ignorance of the law is not acceptable.
Links to your Contact Information and All About Us Information should be on all of your webpages. Your main legal information is your Copyright, Terms of Service, Disclaimer, and Privacy Policy and they should be included as well.
Copyright
Make sure the word copyright and the copyright symbol are at the bottom of your webpages. If you are selling anything, include the words All Rights Reserved. If your product is available worldwide, include that term also.
Terms Of Service
An age statement is strongly advised. In the US, the minimum age is 13 years old, 18 in most other countries.
To safeguard yourself, use 18 years old as the required age for your site. Also include the terms for using your site.
Cyberspace has its boundaries. There are rules and regulations that govern advertising. They are called the Dot Com Disclosures.
Disclaimer
The internet is riddled with viruses, spyware, Trojan horses, and all those other attackers of your computer. Tell visitors to take precautions. Are you giving advice?
Always let your visitors know they should see a relevant professional before using your advice. Also, due to the fast changing nature of the internet, information goes out of date.
You cannot be held liable for that, so let your visitors know.
If you sell a product your visitors expect to help them make money, never say the amount they should make. Your legal problems will multiply if you do. You really do not know.
So many variables go into others being as successful as you. The visitor may not have the internet savvy that you have, or the motivation. You cannot guarantee results. Here is where you state all of that information.
Privacy Policy
Should you capture a visitors private information, include your policy for doing so. Tell your visitor what you intend to do with the information.
If you intend to share the captured information, you must say so.
I will just add this about spamming. This is a small area in the Can Spam Act that receives much abuse. It states, The Act also prohibits false or misleading subject headings in commercial email messages.
Do not send any grand promises of fame and fortune in your email subject line. This is generally done to encourage people to open your email.
Build a great relationship with your list. Theres no need for grandstanding. When the people who know you see your name they will open your email. You can take that to the bank!
I cannot guarantee that you will not have legal problems during your internet journey. But if you include these items in your website, you would have done much to reduce your risk.
5 Legal Points Concerning Bank Fraud Crime
Violations of law at a bank or by using accounts of a financial institution are commonly prosecuted in federal court as "bank fraud."
The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.
The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:
BANK FRAUD
Whoever knowingly executes, or attempts to execute, a scheme or artifice
1) to defraud a financial institution; or
2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
FALSE STATEMENTS
The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution. Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. 1014 reads as follows (in summary):
False Statements to a Financial Institution
Whoever knowingly
1) Makes a false statement, or overvalues any property
2) For the purpose of influencing an anyway
3) The action of a financial institution
shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.
The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:
BANK FRAUD
Whoever knowingly executes, or attempts to execute, a scheme or artifice
1) to defraud a financial institution; or
2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
FALSE STATEMENTS
The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution. Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. 1014 reads as follows (in summary):
False Statements to a Financial Institution
Whoever knowingly
1) Makes a false statement, or overvalues any property
2) For the purpose of influencing an anyway
3) The action of a financial institution
shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.
Partnership Agreements
A partnership agreement is a relationship between individuals or organizations. Parties involved should be in close cooperation and share responsibilities. A partnership agreement isn't necessarily a legal contractual relationship but a relationship where you come in union to accomplish common goals and purposes that will benefit both parties. A partnership agreement is basically one where you both try striving to meet success.
These partnerships could include federal/state/local government, educational institutions, trade associations, or other organizations. A partnership is defined as a "working relationship" which means mutual participation and joint interest.
Partnership agreements are a good way to achieve goals that would otherwise be to far out of your reach. When people and/or organizations come together you can share responsibility and therefore focus harder on things you feel need the most attention. Partnerships can be effective ways to re-stabilize unorganized businesses, expand, go global, go national, increase customer base, increase sales through referrals, provide even more services your customers may desire, and much more.
Often times partnerships are used when resources are limited, partnerships are a way of maximizing your resources to achieve goals and strengthen existing relationships through consumer protection, etc.
Also, companies in need of skilled, talented workers will often times partner with a company/organization that has the talented, skilled, experienced employees you need to train workers and keep your business on the right track.
The requirements to file and sign a partnership agreement form usually are:
- You both must be at least 18 years old.
- Both partners must be present when filing the partnership agreement
- A legal picture I.D. card is required from each partner.
- If you had a previous partnership you must file a notice for ending the partnership with the County Clerk or Notary Public before you can file a new partnership agreement.
- Usually there's a filing fee $10-$50 often times and they usually accept all forms of payment.
These partnerships could include federal/state/local government, educational institutions, trade associations, or other organizations. A partnership is defined as a "working relationship" which means mutual participation and joint interest.
Partnership agreements are a good way to achieve goals that would otherwise be to far out of your reach. When people and/or organizations come together you can share responsibility and therefore focus harder on things you feel need the most attention. Partnerships can be effective ways to re-stabilize unorganized businesses, expand, go global, go national, increase customer base, increase sales through referrals, provide even more services your customers may desire, and much more.
Often times partnerships are used when resources are limited, partnerships are a way of maximizing your resources to achieve goals and strengthen existing relationships through consumer protection, etc.
Also, companies in need of skilled, talented workers will often times partner with a company/organization that has the talented, skilled, experienced employees you need to train workers and keep your business on the right track.
The requirements to file and sign a partnership agreement form usually are:
- You both must be at least 18 years old.
- Both partners must be present when filing the partnership agreement
- A legal picture I.D. card is required from each partner.
- If you had a previous partnership you must file a notice for ending the partnership with the County Clerk or Notary Public before you can file a new partnership agreement.
- Usually there's a filing fee $10-$50 often times and they usually accept all forms of payment.
How to Obtain a Legal Separation at a Seattle Attorney Law Firm
Legal separation is a family law action which allows married couples to live separately without being divorced. Simply put, legal separation is the first step before the court awards a divorce decree. A legal separation can be a prelude to a divorce, an unpleasant necessity that buys you time to put your marriage back together, or a way to trade a divorce trial for a divorce settlement agreed to out of court. Regardless of what the future holds, we'll help make this part of the processes a little less painful.
Family law is governed by state law, and divorce laws vary from state to sate. In Washington, if a couple does not want to terminate their marriage right away, they can seek a legal separation as an alternative. A divorce action, especially if it goes to trial, can be a very expensive process. However, not all people need to pay high legal fees to get a divorce. There is another way.
Legal separation simplifies the divorce process and gives the parties time to live apart, clear their minds, and try to work through things themselves. Hopefully the terms of a legal separation can be worked out without litigation. Agreements about temporary living conditions--parenting plan, child support, spousal support, debt allocation--can be made pursuant to a legal separation. Then, the parties can live separately and decide later whether they wish to reconcile or continue with a divorce. If the parties choose divorce, they have already made and tried certain arrangements, precluding the need to litigate in court.
Before entering into a legal separation, you need to get the advice and assistance of a good and experienced Seattle attorney. Each Seattle attorney at McKinley Irvin is available to solve your family law needs. Each McKinley Irvin Seattle attorney is very experienced in all aspects of family law, including divorce and legal separation. This Seattle attorney firm has over 100 years of combined experience in family law. Each McKinley Irvin Seattle attorney has represented many clients in cases like legal separation, child custody, parenting plan issues, child support, and property and debt distribution.
There are many issues that come into play while dealing with legal separation cases. Each Seattle attorney at McKinley Irvin can delicately handle these issues. When you work with a McKinley Irvin Seattle attorney, issues such as taxes, assets, and child custody will be handled professionally and with care for the client. As our client, you are the most important part of our business, and we will treat you accordingly.
Each and every Seattle attorney at MI has successfully represented their clients in valuing and dividing community property, including multi-million dollar marital estates. Moreover, our Seattle attorneys are experienced with dividing substantial employment and retirement benefits, stock options, and both government and private sector pensions. Spousal maintenance, child support, disposition of business interests and financial investments are also skillfully dealt by our Seattle attorneys.
Family law is governed by state law, and divorce laws vary from state to sate. In Washington, if a couple does not want to terminate their marriage right away, they can seek a legal separation as an alternative. A divorce action, especially if it goes to trial, can be a very expensive process. However, not all people need to pay high legal fees to get a divorce. There is another way.
Legal separation simplifies the divorce process and gives the parties time to live apart, clear their minds, and try to work through things themselves. Hopefully the terms of a legal separation can be worked out without litigation. Agreements about temporary living conditions--parenting plan, child support, spousal support, debt allocation--can be made pursuant to a legal separation. Then, the parties can live separately and decide later whether they wish to reconcile or continue with a divorce. If the parties choose divorce, they have already made and tried certain arrangements, precluding the need to litigate in court.
Before entering into a legal separation, you need to get the advice and assistance of a good and experienced Seattle attorney. Each Seattle attorney at McKinley Irvin is available to solve your family law needs. Each McKinley Irvin Seattle attorney is very experienced in all aspects of family law, including divorce and legal separation. This Seattle attorney firm has over 100 years of combined experience in family law. Each McKinley Irvin Seattle attorney has represented many clients in cases like legal separation, child custody, parenting plan issues, child support, and property and debt distribution.
There are many issues that come into play while dealing with legal separation cases. Each Seattle attorney at McKinley Irvin can delicately handle these issues. When you work with a McKinley Irvin Seattle attorney, issues such as taxes, assets, and child custody will be handled professionally and with care for the client. As our client, you are the most important part of our business, and we will treat you accordingly.
Each and every Seattle attorney at MI has successfully represented their clients in valuing and dividing community property, including multi-million dollar marital estates. Moreover, our Seattle attorneys are experienced with dividing substantial employment and retirement benefits, stock options, and both government and private sector pensions. Spousal maintenance, child support, disposition of business interests and financial investments are also skillfully dealt by our Seattle attorneys.
Administrative Government Agencies
Petitioning Government
Just how does one go about petitioning one of the many obscure branches of government? Agencies discussed here mostly effect our lives in administering the laws of the land, are called “The Administrative Agencies”. There are three devisions within the Administrative Agencies, first is the Regulatory Agencies which consist of:
Business Standards
Responsible for regulating safety issues of public interest of specific businesses For example, the U.S. Food and Drug Administration
Rate making
Regulates the price of certain goods and services, such as utilities, telephone,
transportation companies, and dairy products. For example, state public utility
Commissions, department of Food and Agriculture and the Federal Energy Regulatory Commission
Licensing sets and maintains standards for entry into a business or occupation; many also enforce professional standards and decide disciplinary matters involving licensees. Medical boards, funeral boards, and cosmetology boards, for example, are licensing agencies. Many states have a long list of such boards. Some boards are completely independent; others fall under the jurisdiction of other state departments
Permitting agencies generally require businesses or industries to preserve the quality of the environment. They set minimum standards for construction projects, waste disposal plants, the agricultural use of pesticides, and other projects with an environmental impact. City and county planning commissions are local permitting agencies.
Social welfare and entitlement agencies oversee public benefits programs. They include social service departments, health and welfare agencies, and housing departments.
Government operations agencies keep government functioning; they involve purchasing, personnel, property management, etc.
There are some agencies classified as part of the executive branch which fall under the authority of the president, state governor, or mayor, which can also be independent groups. There are also independent agencies known as boards or commissions which are headed by multi-member groups appointed by the executive or legislative branch or by both branches together like the U.S. Federal Trade Commission. Many states also have agencies chaired by elected officials,such as insurance commissioners.
Administrative agencies expedite their missions mainly through one of four ways:
1.Rule-making,
2.Adjudication
3.Licensing and permitting,
4.Rate-making.
Some public agencies, such as school, municipal utility, emergency services and hospital boards oversee services provided directly to the community.
Private agencies and organizations
There are organizations not connected to government which can be petitioned to make changes in their procedures. These organizations are under no obligation to respond or act as you wish. But by following proper protocol you stand a good chance of moving your agenda for change forward. By using documented facts, an organized coalition of interested groups, presenting a possible solution, and media pressure will almost always get a response from the agency you focus on.
Agencies’ processes
Rule-making is the process by which agencies establish, change, or eliminate rules and regulations—the operational details of the laws passed by the legislative branch.
Rules and regulations are used to require businesses to act in a responsible manner so as to refrain them from behaving in ways that could harm the public, or to provide government services in an efficient and equitable manner. As example would be to restrict the amounts and types of chemicals farmers can use, or prevent the sale of unsafe or unreliable drugs and medical devices.
Agencies also establish rules and regulations to require responsible, positive behavior, like testing drugs and medical devices before they are made available to the public. Many rules and regulations are set by the agency, profession, trade, or populace who are being regulated or affected by the particular agency. One note of importance is to remember, that you or any citizen may propose a new regulation, or propose change or the elimination of an existing regulation. Simply by following protocol you can exercise your right to petition local, state, or federal agencies, if you feel a change needs to be made.
Before any proposed rule can be adopted, agency officials must notify the effected public and provide an opportunity for people to comment or protest.
Most usually regulations are formally adopted when approved by the head of an agency or members of its board of directors. The new ruling usually becomes effective 30 days after the approval. I
Adjudication
The process by which an agency may determine whether a person or organization has violated a rule or a law and, if so, what disciplinary action should be taken. Some agencies have the authority to issue cease-and-desist orders, to impose fines, or to revoke, suspend, or modify licenses or permits or operation. Usually, such proceedings are held as hearings similar to court procedures and decisions.
You or any citizen can ask an agency to enforce a rule or a law. Requests for enforcement can be an effective tool to hold industry or business accountable for their actions.
Licensing and permitting
The process by which an agency grants a business or individual permission to engage in a particular occupation, operate in a certain manner, or do business in a certain jurisdiction. Agencies are often required to post public notices of an application for a license or permit and to provide for public comment. Citizens participation in the process can effectively shape the activity of a licensed business or require some public benefit in return for granting a license or permit
Rate-making
The process by which an administrative body determines the rate companies can charge for public utilities or certain goods and services, such as gas and electricity, cable and telephone services, and transportation. If proper procedures are followed, the public may participate in rate-making proceedings.
If a citizen believes the agency’s procedures are not fair, or if they have not given the public a reasonable chance to make their case, they can be petitioned by any citizen to change, eliminate, or add to their procedures.
It is the right and duty of each citizen to be observant and responsible in holding government agencies accountable for their actions.
Just how does one go about petitioning one of the many obscure branches of government? Agencies discussed here mostly effect our lives in administering the laws of the land, are called “The Administrative Agencies”. There are three devisions within the Administrative Agencies, first is the Regulatory Agencies which consist of:
Business Standards
Responsible for regulating safety issues of public interest of specific businesses For example, the U.S. Food and Drug Administration
Rate making
Regulates the price of certain goods and services, such as utilities, telephone,
transportation companies, and dairy products. For example, state public utility
Commissions, department of Food and Agriculture and the Federal Energy Regulatory Commission
Licensing sets and maintains standards for entry into a business or occupation; many also enforce professional standards and decide disciplinary matters involving licensees. Medical boards, funeral boards, and cosmetology boards, for example, are licensing agencies. Many states have a long list of such boards. Some boards are completely independent; others fall under the jurisdiction of other state departments
Permitting agencies generally require businesses or industries to preserve the quality of the environment. They set minimum standards for construction projects, waste disposal plants, the agricultural use of pesticides, and other projects with an environmental impact. City and county planning commissions are local permitting agencies.
Social welfare and entitlement agencies oversee public benefits programs. They include social service departments, health and welfare agencies, and housing departments.
Government operations agencies keep government functioning; they involve purchasing, personnel, property management, etc.
There are some agencies classified as part of the executive branch which fall under the authority of the president, state governor, or mayor, which can also be independent groups. There are also independent agencies known as boards or commissions which are headed by multi-member groups appointed by the executive or legislative branch or by both branches together like the U.S. Federal Trade Commission. Many states also have agencies chaired by elected officials,such as insurance commissioners.
Administrative agencies expedite their missions mainly through one of four ways:
1.Rule-making,
2.Adjudication
3.Licensing and permitting,
4.Rate-making.
Some public agencies, such as school, municipal utility, emergency services and hospital boards oversee services provided directly to the community.
Private agencies and organizations
There are organizations not connected to government which can be petitioned to make changes in their procedures. These organizations are under no obligation to respond or act as you wish. But by following proper protocol you stand a good chance of moving your agenda for change forward. By using documented facts, an organized coalition of interested groups, presenting a possible solution, and media pressure will almost always get a response from the agency you focus on.
Agencies’ processes
Rule-making is the process by which agencies establish, change, or eliminate rules and regulations—the operational details of the laws passed by the legislative branch.
Rules and regulations are used to require businesses to act in a responsible manner so as to refrain them from behaving in ways that could harm the public, or to provide government services in an efficient and equitable manner. As example would be to restrict the amounts and types of chemicals farmers can use, or prevent the sale of unsafe or unreliable drugs and medical devices.
Agencies also establish rules and regulations to require responsible, positive behavior, like testing drugs and medical devices before they are made available to the public. Many rules and regulations are set by the agency, profession, trade, or populace who are being regulated or affected by the particular agency. One note of importance is to remember, that you or any citizen may propose a new regulation, or propose change or the elimination of an existing regulation. Simply by following protocol you can exercise your right to petition local, state, or federal agencies, if you feel a change needs to be made.
Before any proposed rule can be adopted, agency officials must notify the effected public and provide an opportunity for people to comment or protest.
Most usually regulations are formally adopted when approved by the head of an agency or members of its board of directors. The new ruling usually becomes effective 30 days after the approval. I
Adjudication
The process by which an agency may determine whether a person or organization has violated a rule or a law and, if so, what disciplinary action should be taken. Some agencies have the authority to issue cease-and-desist orders, to impose fines, or to revoke, suspend, or modify licenses or permits or operation. Usually, such proceedings are held as hearings similar to court procedures and decisions.
You or any citizen can ask an agency to enforce a rule or a law. Requests for enforcement can be an effective tool to hold industry or business accountable for their actions.
Licensing and permitting
The process by which an agency grants a business or individual permission to engage in a particular occupation, operate in a certain manner, or do business in a certain jurisdiction. Agencies are often required to post public notices of an application for a license or permit and to provide for public comment. Citizens participation in the process can effectively shape the activity of a licensed business or require some public benefit in return for granting a license or permit
Rate-making
The process by which an administrative body determines the rate companies can charge for public utilities or certain goods and services, such as gas and electricity, cable and telephone services, and transportation. If proper procedures are followed, the public may participate in rate-making proceedings.
If a citizen believes the agency’s procedures are not fair, or if they have not given the public a reasonable chance to make their case, they can be petitioned by any citizen to change, eliminate, or add to their procedures.
It is the right and duty of each citizen to be observant and responsible in holding government agencies accountable for their actions.
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