Personal Injury Cases Made Easy With These Simple Tips

There are many different situations that could cause you to file a personal injury suit against someone. There is a lot to learn when building this type of case. The following article will give you some great advice pertaining to your personal injury case.

Never forget to include any lost income or wages into your personal injury lawsuit. Include the time you have missed from work because of your injury, a drop in pay, and lack of transportation. Also be sure to include any money you lost due to classes you needed to skip.

Finding an injury attorney can be hard. Because of your stress and pain, it is important to find an experienced lawyer that can handle your case. You’ll need a lawyer with the know-how to have a chance at winning, so look for that experience!

Ask loved ones for their advice when choosing a lawyer. These actions can help you get a better lawyer who will handle your case with care. You deserve the best attorney possible for your situation.

Look into how big the firm is prior to employing them. If your suit is large, then your representing firm needs to be large as well. For minor claims, this is not as important.

Avoid choosing based on flashy advertisements. Instead, use a quality lawyer which can prove their success. Besides the stigma that goes along with flashy television ads, it is also near impossible to tell how sincere an attorney is based solely on an advertisement. You should always meet a lawyer in-person before deciding to use them for representation.

Have you been through something that would make you entitled to a court judgement? Is someone responsible for the injury? This article should help guide your next steps. Follow the advice presented here for the best outcome possible.

How to Hire a Criminal Defense Attorney for First Time Offenders

If you are a first time offender who has been accused of a crime, and you need to hire a criminal defense attorney, you will want to find the best one possible. Even if you haven’t been in trouble with the law before, you can still be facing some pretty serious consequences.

Prison time, fines, and other penalties can ruin your life for a long time, if not permanently. Hiring the best criminal defense attorney for those crimes is the most important step you will take once you get into trouble. If at all possible, you want to hire someone who will be on your side, not go with a court-appointed lawyer. The criminal system is designed in such a way that you absolutely need someone to represent you, even if you are innocent – do not go in alone.

There are no two criminal lawyers that are the same, nor are there any two cases that are the same. You need to be able to pick out the best lawyer for your needs – and here are some ways to make a choice that can help you to overcome the crime.


How a Criminal Defense Attorney Can Help A First Time Offender

A criminal defense lawyer has to do many things to help anyone, even a first time offender. In addition to helping you understand what you are facing, a criminal defense attorney can help you with the following:

  •         Working with you to negotiate a deal so that you don’t have to go through a long court process – this can reduce your sentencing or eliminate some of the charges brought against you. This is almost impossible if you don’t have a great criminal defense lawyer.
  •         Figuring out a sentencing program that can help you if you are found guilty – you may be able to return to the life you once had. This is typical in drug cases.
  •         Helping you to control yourself and your emotions if you do go through a criminal trial. A great criminal defense attorney will also be honest and truthful with you – you don’t want to go in with a false sense of optimism or not take a deal if it is the best thing you can get.
  •         Pointing out rules and regulations that you would never see on your own. An experience lawyer will know where corners and cut and have a better understanding of laws and your own rights than you ever will – this is extremely helpful in many cases where things were handled improperly.
  •         Explaining every step of the process to you, including what some of the detracting facts may be about some of the choices that you will have to make.
  •         Helping your family better understand what will happen if you are found guilty and do have to serve time.
  •         Gathering witness statements and facts that you may have trouble getting on your own – or a lesser criminal defense attorney won’t even try to get.
  •         Finding and hiring investigators in more serious cases who can help to prove your innocence.


Never Represent Yourself

Despite warnings, it has become increasingly popular for people to represent themselves, believing that they can get all of the information that they need on the internet or in books. This is absolutely not true. Even if you do have a good case for yourself, you do not know the rules and procedures that are so important in many court rooms. There is a vast difference between reading something and actually arguing it in court. A seasoned criminal defense attorney not only knows the law, but has inside knowledge of how specific courts and judges operate. Just like many other industries, the judicial system has a way of ebbing and flowing over time.

If you are thinking about representing yourself in court, you should absolutely reach out to a criminal defense attorney and see how they will help you – you will likely choose to going with someone other than yourself.


Get Professional Help From a Criminal Defense Expert

A great criminal defense lawyer will not only save you a lot of time and effort, but it can also save your reputation and improve your chances of walking away without too harsh of a penalty. Even if you do talk to other criminal defense attorneys, you want to go with the one that actual court experience and will put your needs first.

Get started today by reaching out to a criminal defense attorney here.

What To Do When Charged With a DUI


If you have recently been stopped by the police and accused of a DUI or a DWI, there are probably many different thoughts going through your head at any given time. You are probably scared – whether this is your first DUI or you’ve had one before. If you don’t know anyone who has been charged with a DUI before, you might be very scared about what it could mean – you probably have a lot of questions, including:

· Who do I need to talk to?

· Will I lose my license? How about my commercial license?

· What do I do now?

· I wasn’t drinking – what do I do?

· Something just didn’t feel right about this – who can help me sort it out?

If you have been charged with a DUI before, you may be wondering what it means for you. While each case is different,  there are a few things you need to do after being accused of a DUI – here is a rundown of what you want to do immediately following the traffic stop so that you can be well-prepared. You don’t always have to do everything in this order, but make sure that you work through this list as quickly as possible.

1. Keep a Log of What Happened

DUI cases often rely on the smallest of details to make the determination between winning and losing. It is important to write down everything you remember from the DUI stop – even if it doesn’t seem important. Your memory is likely to fade over time, and you don’t want to misspeak or forget details that could help you to win your case.

If time has already passed, here are a few questions you want to be able to answer:

  • Why did the police officer stop you?
  • When and where were you stopped?
  • What was the condition of the road when you were stopped?
  • Were you given a breath test? What did the device look like?
  • What other tests did you perform?

This may take some time, but it is important to write down everything that you can remember from the stop. However, make sure you don’t share any of the information with anyone other than your lawyer.

2. Clean Up Your Social Media

Don’t forget to look at your social media and see if you posted anything that can be used against you. It isn’t unlikely that someone will scour social media and look for anything that might make you look guilty. Facebook, Twitter, Instagram, and even SnapChat can be used against DUI defendants, especially if they are from that night.

When presented out of context, it will be simple to create a reputation for yourself that might make you look guilty. Simply put, you don’t want to give the other side any ammunition. While we cannot tell you to remove anything, it might be smart ahead of time to think about what you post, keep your profiles private, or simply live your life off social media.

3. Talk To Anyone Who Was With You

It is quite simple to plead your case if you have credible witnesses who were with you at the time of the stop, not someone who was with you hours beforehand. Ask witnesses if they would be willing to testify on your behalf if you go to court. Witnesses will strengthen your defense, so talk to as many people as you can. Your attorney will want to work with them as well – but you must do so quickly, as people tend to forget what happened, especially if they were drinking.

4. Hire A DUI Lawyer

It is important to not go to any old lawyer for this case. Instead, you want to go to a DUI lawyer that has tried cases similar to yours. While working with a DUI case might seem easy, there is actually quite a bit of science involved and experience is required. This is your life, your career, and your reputation on the line, so you want to do some research on the lawyer that you hire.

According to Benari Law Group, Delaware County Criminal Lawyers, “Whether your DUI case involves alcohol, illegal drugs or even prescription or over-the-counter medications, having a member of [an] experienced legal team on your side can make a huge difference.”

Take your time to meet with your lawyer and really talk to them to see if they can actually help you – ask about trial experience, credentials in sciences, and the outcomes of some other cases that they have worked previously.

No matter what you do, stay calm above all else. If you start acting out, you may only worsen your situation.

Washington Proposes ETA on Professional Employer Organizations


Washington recently proposed an Excise Tax Advisory (ETA) discussing the taxation of professional employer organizations (PEOs). A PEO that provides services to related or unrelated businesses qualifies for a deduction from its gross income for reimbursements of qualifying costs paid on behalf of covered employees if it meets the requirements of RCW 82.04.540.

Unlike a standard temporary staffing arrangement, the PEO is a “co-employer” with its clients. All parties to the PEO agreement must agree to be co-employers and cannot disclaim the employment relationship. The specific employment responsibility of each co-employer is spelled out in the PEO agreement. The ETA specifically notes that common paymasters, shared employees and staffing services do not qualify as PEO arrangements.

The sole example in the proposed ETA emphasizes the primary issue of B&O taxation that the Washington Department of Revenue is intending to address. In the example, a property management company provides property management services to entities owning and operating real property. The property management company creates an affiliate that is organized to operate as a PEO. The property management company, the entities owning the real property and the PEO enter into an agreement whereby each entity is a co-employer of the employees that provide the on-site property management services. The entities owning the real property pay 100% of the salaries, benefits, workers compensation, payroll taxes, etc. paid on behalf of the employees that staff and operate the properties.


The proposed ETA concludes that the while the PEO is allowed a deduction for the payments that it receives from the property owners, the management company must include such amounts in its gross income because “the management company is selling comprehensive property management services, and the employment costs of the employees are a non-deductible cost of its business.” The proposed ETA even appears to condition the deduction for the PEO on the inclusion of the payroll reimbusrements in the gross income of the property management company.

This result is clearly contrary to rulings that I have received in the past regarding the taxability of similar arrangements in connection with the operation of hotel properties. A common structure in the hotel industry consists of a company that owns the hotel, a company that employs the bulk of on-site personnel and a separate company that manages the hotel. The hotel management company manages the hotel, and pays the employees and other vendors out of the gross receipts that are earned by the hotel owner, but managed by the hotel management company.

This type of ownership and operating structure is very efficient in the context of the hotel industry. The company owning the hotel has the option of changing management companies without having to turnover its on-site workforce. Further, the hotel itself can be sold without disrupting operations. Under most taxing regimes, this type of structure creates no taxation problems. However, the unique structure of the Washington B&O tax would ordinarily cause a B&O tax to be incurred by the company employing the on-site hotel staff, merely by reason of the employees being employed by this separate legal entity.

In earlier rulings, the use of a PEO as the employer of the on-site hotel personnel eliminated the tax on the payment by the hotel ownership company to the PEO. Further, these rulings concluded that the hotel management company was not subject to B&O tax on the amounts paid to the PEO as the hotel management company had no liability to pay the on-site hotel workers, except in connection with its duties as the hotel manager. Given the unique structure and circumstances of the hospitality industry, it is possible that the Washington DOR will stay the course and not require the hotel management company to include the amounts paid by the hotel owner to the PEO as additional compensation. However, I wouldn’t count on it.

Tax Bill Includes Common Paymaster Relief

After two special sessions, the Washington legislature finally reached a compromise budget and along with that passed ESSB 5882, a potpourri of tax provisions. On June 30 Governor Inslee signed the bill. While many Democrats have criticized this bill as providing corporate welfare, most of the preferences provided within the bill are merely a continuation of existing provisions that in most cases prevented substantial increases in the taxation of Washington businesses.


One of the most critical provisions in the bill restored a deduction for payroll cost reimbursements received by an employer of record within a centralized payroll system for affiliated businesses. For many years, the Washington Department of Revenue had not taxed reimbursements of payroll cost within a centralized payroll system. This was no giveaway by the Department of Revenue; instead it was a common sense solution to prevent taxation of payroll cost reimbursements that are taxed nowhere else in the United States because it is the equivalent of taking money out of your right pocket and putting it into your left pocket.

Despite the historical practice, the Department of Revenue had recently determined that such reimbursements must be taxed. Many informed taxpayers resisted this unfortunate interpretation and ultimately the Department of Revenue partnered with taxpayers to restore this deduction. Unfortunately, the Department of Revenue still continues to tax other inter company transactions in which no economic gain accrues to the related companies. Perhaps someday common sense and sound tax policy will bring legislation to amend these egregious practices.


Another interesting provision involved the adoption of a sales tax exemption for clay targets purchased by a nonprofit gun club for use in the activity of clay target shooting for a fee. The clay target shooting fees are subject to retail sales tax. The provision of the exemption provides the equivalent of an input exemption similar to ingredients and components of a manufacturer. Traditionally, the Department of Revenue has taxed items consumed by service providers in the provision of the service. However, until recently most services were not subject to retail sales tax. The intent section of the law is careful to note that the legislature does not intend to establish a broad policy of providing sales and use tax exemption for business consumables for providers of retail services.


Another exemption is provided for items used by a restaurant to impart flavor during the cooking process. This would include items such as wood chips, charcoal, charcoal briquettes and grapevines along with cedar grilling planks. These items would not ordinarily easily qualify for an exemption as an ingredient or component of the meal.


An exemption that could actually stir up trouble was provided for sales of standard financial information to qualifying international investment management companies. Some unfortunate and unnecessary language in the intent section may derail taxpayer’s efforts to receive relief from retail sales tax on purchases of digital information due to what many practitioners consider to be an erroneous interpretation of the digital good laws by the Department of Revenue.


The aviation manufacturing industry received some long overdue revisions to tax statutes that had required taxpayers to either engage in unnecessary structural planning or had simply driven manufacturing, refurbishing and aviation repair business outside of the state of Washington. Nevertheless, the intent section required substantial analysis of data supporting additional tax revenues as a premise for keeping this legislation past January 1, 2017. Apparently, it is beyond the imagination of legislators in Washington that a nonresident of the state would refuse to have an aircraft modified in Washington if it meant incurring a sales tax on the value of the aircraft. One sometimes wonders whether the legislature maintains any semblance of common sense or even cares that some of its tax laws border on the ridiculous.


Not to seem as a bully to aerospace industries, the legislature even adopts strict scrutiny of tax exemptions provided for blood banks. Of course, we’re all aware of the substantial amount of businesses attempting tax avoidance with blood banks. (Please note the intended use of sarcasm here.)


As a quid pro quo for allowing the nominal and mostly sensible incentives provided for in ESSB 5882, House Democrats added a whole host of new tax preference performance requirements. The Democratic Party in Washington has for the last several years attacked all exemptions, deductions, and credits as tax preference items. This attack continues despite the fact that Washington businesses pay a disproportionate amount of the entire Washington tax burden.


I should note that after adding 22 sections of new law spanning seven pages adding additional requirements on “tax incentives,” the legislature did devote a single paragraph to requiring the Department of Revenue to suggest revisions to reports and surveys that would make the data more relevant and reduce the administrative burden on taxpayers. This author’s guess is that such revisions are likely to be found in the same place that one finds unicorns.


In addition to the aforementioned provisions, the following changes were also included in ESSB 5882:

  • Preferential B&O tax rate for dairy producers retained and amended;
  • Temporary B&O tax relief for honey beekeepers extended and sales tax relief provided;
  • Deduction for interest received by a cooperative finance organization providing loan financing to rural electric utilities provided;
  • Exemption from retail sales tax charges for the opportunity to dance provided;
  • Silicon manufacturing B&O tax incentive rate retained and extended; Hog fuel sales tax exemption retained and modified;
  • Exemption for propane and natural gas used in producing mint oil added;
  • Use tax exemption provided for personal property acquired at an auction valued at $10,000 or less; and
  • Clean energy incentives extended.

The Significance Of Family Law


The ever celebrated internationally cite, “The main lasting thing on the planet is change,” may be over utilized yet it is correct. Two individuals who may be really enamored today thus dead set to get hitched and have a family can never make sure of how they are set to be in a couple of years time.

They may be on extremely great terms today yet they could likewise be the most fabulous adversaries sometime of their lives. In light of this, family law is extremely critical in today’s social order. It will be unable to keep a family whole when their distinctive contrasts are shredding them however it is can help in giving them a common and mindful end to the relationship.

Family law spreads the lawful concerns in a couple’s marriage particularly when they find it important to separate. A family legal advisor will teach both parties about the outcomes of separation and their obligations. Family law spreads the legitimate parcel of marital lands in a manner with the goal that the dividing gatherings don’t need to battle over it and have a significantly more exceptional misjudging.

On the off chance that the dividing gatherings have kids, family law additionally gives their youngsters security for their destiny. It characterizes to folks their obligations, for instance tyke underpin and kid authority. It gives them the commitment to perform their obligations as folks and not to let their youngsters live in a tormented “broken family” kind of circumstance.

It obliges folks to secure their kids’ future by even now accommodating their necessities and other family needs. On the off chance that one of the folks choose to wed once more, family law additionally blankets prenuptial assentions which offers assurance to his or her possessions and determines that they are legitimately given to the youngsters when the opportune time comes. It ensures the security of the youngsters’ future.

Significantly after separate, the kids might as well have the right to meet the family that they hailed from. They merit to know who their relatives are or who their grandparents are. Family law spreads grandparents’ rights, also. Provided that you have an exceptional family legal advisor, regardless of having experienced a separation you can appreciate a quiet civil relationship. Your youngsters won’t be as profoundly influenced by your conjugal destiny.


Local brutal is a regular issue. Due to this, family law guarantees security for each part of the family – particularly the kids. It serves as a shield against enthusiastic and physical misuse. It gives limiting requests to the individuals who debilitate you and your kids. It gives Pfa, or Protection for Abuse, requests to the individuals who are constantly debilitated.

Family law is extremely noteworthy in ensuring families; a wife, a spouse and their youngsters can never be sure about what their lives will be like sometime to come. If you have a great family relationship at this moment or not, it is best to get  Event Management in ServiceNow and family law exhortation to certification yourself and your family security for your fate.


How Does the Government Regulate the Internet?

Computer-Telecommunications Coordinator (CTC) Program

Coordination among prosecutors in high-tech crime cases has improved dramatically because of the implementation, since January 1995, of the “Computer-Telecommunications Coordinator” (CTC) program. Under the CTC program, each United States Attorney’s Office, as well as a few other Department entities, has designated at least one Assistant U.S. Attorney to serve as a CTC, with a few distinct areas of responsibility. To reach a CTC, contact the Computer Crime and Intellectual Property Section, or the U.S. Attorney’s office in a particular district. CTC responsibilities are outlined below.

The Computer and Telecommunications Coordinator (CTC)

will have three general areas of responsibility:Resident consultant to the U.S. Attorney’s office.
Each CTC will receive special training and periodic updates in relevant legal and technological topics. Each CTC, by staying current in the field, will then be able to assist his or her own office on high-tech issues–both in cases of crimes against information technology and in any case which involves electronic search and seizure or some other technical aspect.

Liaison on technical cases/issues.

The CTCs will also serve as the principal point of contact on technical cases and issues with the Computer Crime and Intellectual Property Section of the Criminal Division. Additionally, they will work on technical/legal issues with other United States Attorneys’ Offices, investigative agents, technical experts, communications carriers, and electronic service providers. CTCs across the country will form a network of specialists who can expedite technical assistance in computer-crime investigations, which are often multi-agency, multi-district, or international.

Leader and legal consultant to their local technical support network.

CTCs will establish a local network of federal agents and technical experts to share information about developing technologies and the government’s constantly-changing capabilities to search, seize, and analyze electronic evidence and to investigate network crimes. They should also include regional experts from state and local law enforcement, educational institutions, and the technical and telecommunications industries to strengthen and augment federal technical expertise in their districts, both for operations and for training.



Just What Are The Eternal’s Laws Concerning Animal Sacrifice (Slaughter) To Provide Food For Man?


The Eternal commanded the children of Israel to bring their “clean” domestic animals, (cattle, sheep, goats, and fowl) to the place where He would place His name.[1] They were to bring them to His Priests, the Levites there, if they were to be slaughtered (sacrificed).[2]

The Levites were to inspect them for lameness, blindness, broken bones, bruises, maimed, crushed, cut, scabbed, or having a wen; and if they had any of these blemishes, they were rejected.[3] They were to kill those accepted without blemish (killing to be described later), and inspect the lungs and the carcass, and dress them. They were to take the blood and pour it on the altar provided for it. The fat (which stores toxic poisons, such as poison vegetation and chemicals not eliminated by the body)[4], the head, the lower legs, and the innards (intestines, kidneys, spleen, etc.) were to be burned on the altar.[5] Those things not fit for human consumption were to be completely burned. When an animal was found to be diseased after slaughter, it was taken outside the camp or city and was also completely burned. The skin and all its flesh, its head, legs, innards, and dung, the whole animal was burned. The fat that covers the innards, and all the fat that is on the innards, the two kidneys, and all the fat on them, which is by the flanks, and the caul above the liver was to be burned on the altar, as those of the animals that were passed for food.[6] The Levites reward for their service was a portion of the carcass and the skin.[7]

The Eternal instituted this system of meat hygiene for the well being of His people so that they could live a happy and healthful life. And He gave the responsibility of enforcement of this system to the House of Aaron, until the time of the reformation of this earth.[8] The others of the tribe of Levi were to serve Aaron, with his sons to follow.[9]

Two other main prohibitions that The Eternal gave to Israel were… the flesh with the life therein, the blood, don’t eat,[10] the second was, don’t eat the fat of the animal.[11]  His Priests and the people of Israel obeyed these prohibitions.

As we have seen, the method of slaughter (sacrifice) supervised and endorsed by the U.S. Agriculture Department of Meat Inspection allows the tissues of the flesh to be bathed in blood. This does not produce animal flesh without the blood as The Eternal commanded.

The Eternal said that there would be His Priests on this earth to do animal sacrifice continually.[12] In the way He commanded,[13] in a Godly way, not a humane way. The Eternal does not lie. There is a system of meat hygiene on this earth today sacrificing “clean” animals as the Eternal commanded. Selecting, slaughtering, inspecting as The Eternal commanded them to, produces for those people wanting to obey The Eternal in not eating the blood or the fat, that kind of animal flesh fit for human consumption.[14]

The Apostle Paul was inspired by The Eternal to write in the third chapter of his Epistle to the Romans, beginning in the first verse, “What advantage then hath the Jew? Or what profit is there of circumcision? Much every way: chiefly because that unto them were committed the oracles of The Eternal (the laws of The Eternal).[15]

When I asked two Jewish Rabbi’s in Indianapolis, Indiana, one a Shohet,[16] “Why do Jews obey these laws of the Eternal?” The Rabbi, the Shohet replied, “The Jews ritually slaughter animals the way they do, because in the Torah, God says they should. Not because of a dietary law.” The other Rabbi stated, “Its in the Jewish peoples blood to keep the laws.[17]

Those laws pertaining to the animal slaughter (sacrifice) incorporate a method of killing the animal, known as Shehitah. This method used by the Jewish people through out the world, has been handed down from generation to generation, just as the Eternal said they would. “Neither shall the Priest the Levites want a man before me to offer burnt offerings and to kindle meal offerings, and to do sacrifice continually.”[18]

The prophet Ezekiel prophesied that system of animal slaughter to continue into the reign of the Messiah on this earth.[19] And the Apostle Paul was inspired by the Eternal to write: “this system of sacrifice would continue on this earth until the reformation on this earth.[20]

There have been times in history when this system of slaughter (sacrifice) has been momentarily halted in lands conquered and ruled by systems of government contrary to that of The Eternals. As prophesied by Daniel[21], this will occur again in the future.

In 586B.C. King Nebuchadnezzar, King of Babylon halted these laws of The Eternal from being administered by The Eternals Priests; when he had Jerusalem burned and sacked.[22] Again in 168 B.C. the then ruling power of the Babylonian system, as a policy to enforce Hellenistic practices on the Jews, robbed the Temple of The Eternal in Jerusalem of its main furnishings and made the High Priest sacrifice swine upon its altar.[23] In 70 A.D. Titus and his Roman Legions stopped this system of the Eternals’ from operating in Jerusalem, when his army burned and sacked the city.[24] Again, in recent times, the descendants of this Roman system enforced their Hellenistic practices on the Jews by stopping The Eternals sacrifices (Shehitah), in the lands in which they exercised their authority. In Germany, in 1933 when Adolph Hitler was placed in power, at a cabinet meeting on April 4, 1933, Shehitah (The Eternals’ sacrifices) was abolished to be effective May 1, 1933. On October 20, 1939 official orders stopped Shehitah by the Jews in Mussolini’s Italy. Finally, on October 12, 1939 during the reign of Hitler, a decree of the Fuhrer and Reich Chancellor was passed that forbade the practice of Shehitah in any territory under German rule, and imprisoned those that ignored this rule in concentration camps.[25]

Civil Rights Division Commemorates 100th Agreement Milestone For Project Civic Access


Citizens from across the nation gathered at the Justice Department to celebrate the signing of the 100th agreement reached through “Project Civic Access.” Through Civic Access, municipalities work cooperatively with the federal government to bring local physical spaces, emergency services, employment practices, polling places, and other aspects of public life into compliance with the Americans with Disabilities Act (ADA).

The event commemorated the 14th anniversary of the ADA with twenty-four new Project Civic Access agreements. Attendees included Assistant Attorney General for Civil Rights R. Alexander Acosta, Principal Deputy Associate Attorney General Brian D. Boyle, city and county government representatives,community advocates, and residents with disabilities from seven communities.


All of the seven communities entered into agreements under Project Civic Access.In his remarks, Assistant Attorney General Acosta announced the signing of twenty-four new Project Civic Access agreements, bringing the total to one hundred settlements.


At the Project Civic Access event, city and county government representatives, community advocates, and individuals with disabilities from seven communities around the country shared their experiences with Project Civic Access and the positive impact it has had in their communities. The ADA is the first civil rights law to require the government to help people and organizations understand their rights and responsibilities under the law. This is no small task: the ADA covers more than six million businesses, 80,000 units of State and local government, and 50 million people with disabilities.

To meet this challenge, the Department maintains a toll-free ADA information line and an ADA website. Through the information line, callers can order a wide range of free technical assistance materials addressing a wide range of ADA topics. Callers can also speak to an ADA specialist who can offer expert advice on how the ADA applies in their specific situation. The website is an on-line resource where users can read or download a large variety of ADA technical assistance publications, settlement agreements,press releases, and other information published by the Department. Over one million people use these services annually.

Class Action Lawsuits and Unethical Settlements




No portion of this article, including this web page, may be copied, retransmitted, reposted, or duplicated in significant portion without the express written permission of Dr. Michael Guth. Users are always welcome to establish links to this web page or to quote from it freely. Modern multiforum litigation creates a conflict of interest environment in which attorneys representing class plaintiffs may be tempted to settle class action lawsuits for the wrong


Attorneys Conduct While Serving as Class CounselDuring the course of the class action, the class counsel must comply with the notice requirements of Fed. R. Civ. P. 23(c)(2) or a similar state rule. [Section (C)(1)]. If the class representative asks the lawyer to take some action that either violates the law or harms the interests of the class, then the lawyer should ask the class representative to reconsider the matter. If the class representative persists with his instructions, then the lawyer may ask the court for permission to withdraw as class counsel. Furthermore, the lawyer may make a Anoisy withdrawal,@ as defined in Model Rule 1. 16.

Section (C)(2) follows the process of Model Rule 1. 13, in which an officer of an organization asks the attorney representing the organization to act unlawfully or in a manner inconsistent with the best interests of the organization. In the case of class representation, the class counsel will receive instructions exclusively from the class representative; the class counsel has no higher authority to whom he can appeal adverse instructions. The class counsel=s only recourse is to request permission to withdraw from the court.


Under Model Rule 1. 13, a lawyer representing an organizational client must explain to any constituent of the organization, at any time when the constituent=s interests are adverse to those of the organization, that the lawyer represents the organizational client and not the constituent. Section (C)(3) establishes a corresponding duty for the class counsel with respect to any interest of the class representative that may be adverse to those of the class as a whole. Section (C)(4) prohibits the lawyer from discussing his fee with anyone except the class representative and the court.


This section is a key to the entire new proposed ethical rule, because the crux of the problem with multiform class action representation has been lawyers bargaining away the claims of class members in exchange for an attorney fee award as part of any proposed settlement. In the context of ordinary, single-party litigation, the suggestion that plaintiff=s counsel would discuss with the defendants a Adeal@ that includes his payment for services seems unethical and collusive. Yet this practice has prevailed in class action litigation for years.


This section of the proposed new rule is intended to eliminate the potential for class counsel to enter into award fee negotiations with the defendants, or their counsel, that might influence his recommendation to settle the class action. Similar provisions in Section (C)(9) and (C)(10) prevent the class counsel from submitting to the court a proposed settlement, which offers class members little or no relief, but which includes a significant or disproportionately high payment of attorney fees.

Section (C)(5) imposes an ethical duty for the class counsel to act impartially in actions concerning the class members. Sections (C)(6) and (C)(7) discuss the lawyer=s duty to keep information confidential and is patterned after Model Rule 1. 6. Section (C)(8) requires the lawyer to consult with the class representative on decisions that affect the litigation and advise him on theMichael A. S. Guth, Ph. D. , J. D. , is a constitutional law attorney, legal brief writer, and health care researcher based in Oak Ridge, TN.

A web page describing his law practice and other legal writings is available at biz His current research comprises inefficiencies in health care insurance, pharmaceutical pricing, and best available treatments for Alzheimer? disease, osteoporosis, and high cholesterol. He has developed and/or taug ht more than twenty on-line courses at more than a dozen educational institutions in the areas of economics, finance, business strategy, business law, health care administration, politics, a