Law & Justic

Archive for the ‘Tips And Ideas’ Category

Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one’s liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.

Punishments of Criminal Law Violation

Criminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes could be imposed. However, these outcomes are forbidden in most parts of the universe. Depending on one’s jurisdiction, individuals could be in a range of conditions. Incarceration could be solitary. The confinement period

could be as short as one day and as long as one’s entire life. Supervision by the government including house arrests, confiscating property and money from individuals convicted of offenses could be imposed. What is more, offenders could be obligated to conform to specialized rules as part of the probation and parole regimen.

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Most credit repair law relates to the Fair Credit Reporting Act, sometimes referred to as the FORA. The Fair Credit Reporting Act has been amended several times over the years. The most recent amendment is referred to as the FACT act under which a website was created to promote access to free annual credit reports for consumers. In order to legally repair credit scores or improve them, credit reports should be reviewed for inaccurate information.

Credit repair law or laws relating to consumer’s writes regarding their credit histories are about as difficult to read as most law. Some agencies attempt to put the law into layman’s terms, in order to help consumers that are attempting to legally repair credit problems. The FORA was designed to protect lenders as well as consumers. In order to protect lenders from excessive costs relating to attempts to collect past due or delinquent accounts, the current credit scoring system was put into place. This scoring system attempts to identify those consumers who will repay loans in a timely manner. Many feel that the entire system is flawed, but it is currently the only one that we have.

Under the FORA, lenders are not allowed to base decisions about creditworthiness on a person’s race or sex. This is not generally relevant to credit repair law, but if you feel that you have been discriminated against, you should report the discrimination and possibly contact a lawyer.

The portion of the FCRA which relates directly to attempts to legally repair credit scores has to do with disputing inaccurate, unverifiable, misleading and outdated information included in one’s credit report. People who are familiar with credit repair law often write books or create software programs which can assist consumers in disputing negative items on their credit reports. Some professional who are familiar with credit repair law offer services, as well.

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Law practice management is marketing. Anthony O. author of the classic book Marketing Your Services, defines marketing as follows: “Marketing is a set of lenses you use to look at your business – your entire business. also wrote Marketing is the intentional process of creating and maintaining the relationship of “customer”. Thus managing employees well is marketing. This topic has come up this month since some of my coaching clients have been having significant staffing issues. These staffing issues have negatively impacted their ability to market appropriately as well as upset some of their clients (not a good thing of course). Let me review some law practice management principles around staffing issues.

The main principle is to “hire slow and fire fast”. By this first part of the saying “hire slow” I mean take your time when hiring. Don’t hire the first person you think is good. Particularly if they came from an advertisement since most people answering ads are not the cream of the crop. In law practice management you will need to learn some recruitment skills. You can get a good start on learning some via my seven part auto responder course on time management/productivity that you will find on my website under the resources tab.

In law practice management these days you need to seriously consider using  -employment testing since this has been honed to a fine art. You can get what I call “Mr. Science’s” opinion on your best candidate(s). Additionally, interviewing is less an art than a science these days as well. You need to learn some of those law practice management skill sets.

Another related principle is to pay the right person for the job up to 20% over the market rate (especially if you are a solo or small firm) so they are very happy campers with no temptation to be looking elsewhere thus they will be with you for the long haul. Why pay so much? This is not a time to be penny wise and pound foolish. The cost of changeover is incredible. The cost of a wrong hire is even more expensive. The cost to your marketing efforts is also an issue. You want this good employee to be very happy and motivated to do well. Money in law practice management is a good way to do that of course.

Law practice management is marketing. Anthony O. author of the classic book Marketing Your Services, defines marketing as follows: “Marketing is a set of lenses you use to look at your business – your entire business. also wrote Marketing is the intentional process of creating and maintaining the relationship of “customer”. Thus managing employees well is marketing. This topic has come up this month since some of my coaching clients have been having significant staffing issues. These staffing issues have negatively impacted their ability to market appropriately as well as upset some of their clients (not a good thing of course). Let me review some law practice management principles around staffing issues.

The main principle is to “hire slow and fire fast”. By this first part of the saying “hire slow” I mean take your time when hiring. Don’t hire the first person you think is good. Particularly if they came from an advertisement since most people answering ads are not the cream of the crop. In law practice management you will need to learn some recruitment skills. You can get a good start on learning some via my seven part auto responder course on time management/productivity that you will find on my website under the resources tab.

In law practice management these days you need to seriously consider using  -employment testing since this has been honed to a fine art. You can get what I call “Mr. Science’s” opinion on your best candidate(s). Additionally, interviewing is less an art than a science these days as well. You need to learn some of those law practice management skill sets.

Another related principle is to pay the right person for the job up to 20% over the market rate (especially if you are a solo or small firm) so they are very happy campers with no temptation to be looking elsewhere thus they will be with you for the long haul. Why pay so much? This is not a time to be penny wise and pound foolish. The cost of changeover is incredible. The cost of a wrong hire is even more expensive. The cost to your marketing efforts is also an issue. You want this good employee to be very happy and motivated to do well. Money in law practice management is a good way to do that of course.

Now what do you mean by the “fire fast” issue? Here I am talking about the tendency for most managers to think things will get better and give people too many chances to improve. This seldom works in law practice management. A good manager follows what is known as “progressive discipline”. What this entails is four steps. The first step is referred to as “verbal warning”. In this step, one basically tells the employee how much they value them. Then tell them specifically what job behavior is not working and exactly what you expect to change moving forward. Also tell them you will be using the law practice management principle of “progressive discipline” if things don’t improve so written warning, probation and then termination are next in that process. Be sure at the end of the conversation to tell them how much you value them (if you can) and/or at least how you know they can make these changes. Then you make a memo to yourself documenting you had the conversation with the employee today and put that in a file somewhere in case you need it later as further documentation of the process but not in the employee’s personnel file.