Monday December 23, 2024
 

Medical Malpractice Reform

As the government continues its debate on health care reform, there’s another debate that’s running simultaneously. That debate includes whether or not medical malpractice suits need reform. According to Fox News, there are already special courts that exist where bankruptcies, worker’s compensation cases and tax cases are handled by attorneys specializing in these areas. A. Harrison Barnes, attorney and founder of LawCrossing.com says the high number of physicians opting to err on the side of caution are on the rise. Further, Barnes reiterates the long held belief that cancer misdiagnoses are the most successful malpractice suits.

Malpractice lawyers work to ensure the rights of their clients who have suffered the consequences of wrong diagnoses. Most agree the both the medical and legal fields would benefit from a nationwide malpractice court system. It appears, however, the Obama Administration, along with many Democrats, are vehemently opposed to such a system. But what, if anything, would be the advantage for the average Joe Taxpayer? A. Harrison Barnes says the most significant advantage would be the almost sure reduction in health care costs. It’s not only the LawCrossing.com founder, however, that believes the benefits are many. The Congressional Budget Office calls the potential savings “huge”. Many analysts have even said more than $50 million could be saved over the next ten years in medical tort reforms. Health care costs lowered, lower malpractice insurance premiums for doctors and hospitals and savings to insurance companies since many physicians would no longer feel as though they had to order the whole realm of tests in their efforts of avoiding lawsuits: the justifications become clear.

These changes are long overdue; so what’s the problem? No one’s quite sure, but President Obama has mentioned in recent days his willingness to sit down with Republicans to discuss the options. The fact is, these changes should occur sooner rather than later. As we near the proverbial breaking point, and with all signs pointing to a health care reform that only suggests a shaky foundation, unless something happens soon, we’re all in for less than quality healthcare – worse than it already is.

So what advice does A. Harrison Barnes have for those contemplating new challenges in their legal careers? With the potential to forever change the way healthcare is administered in this country, this particular specialty promises to present challenges and rewards for those wishing to make a difference. As far as those closest to the reform measures agree the time has come.

It’s important to realize the Medicare program would benefit greatly from medical malpractice reform. Finally, those supporters of the reform measures are quick to point out the goal is not to protect those medical personnel who practice irresponsibly or illegally; and in fact, is intended to highlight those who jeopardize their patients’ lives to ensure they’re held accountable. The true goal of the reform is to guarantee medical treatment is made available to every American and to provide doctors the freedoms to practice medicine with fewer reservations with the decisions they make.

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The New RESPA Guidelines

There’s been a decrease in the demand for real estate and title lawyers in recent years. This decrease is partially due to the mortgage meltdown; but recent changes in the long awaited government updates for RESPA laws are now playing a role in law firms seeking new attorneys who can navigate these tougher new guidelines. The U.S. Department of Housing and Urban Development, or HUD, put the new Real Estate Settlement Procedures, or RESPA, into effect on January 1, 2010.

Because there had been no new revisions since the mid 1970s, major changes were anticipated – and that’s exactly what happened. As a result, those filling legal job openings are double checking to be sure they understand these sweeping new regulations. New forms, new disclosures and new protections are now in place to better protect potential homeowners while bigger penalties are in place to keep those professionals in the real estate and/or mortgage sectors in line. According to A. Harrison Barnes, founder of LawCrossing.com, while there are significant changes, the foundation is still in place and should be easy for those title attorneys accustomed to the old way of closing home mortgages. It’s also a great time for internships, too since it provides insight into this growing area of law practice.

Some of the changes include:

New ways of documenting the borrower’s receipt of the GFE, or good faith estimate, especially when doing so by electronic methods

Records retention timeframes, especially those in electronic format

New and improved ways to inform borrowers of the closing and appraisal costs

A new and updated HUD settlement that is easier to understand; and

New definitions on when disclosures must be received by borrowers as well as the documentation methods the realtors and mortgage brokers or loan originators use

While all of these new guidelines affect the lenders, there are those compliance issues the attorney must adhere to. A. Harrison Barnes says the goal was to make RESPA easier to understand and less complicated for the homeowners or mortgage applicants. Because the title attorney oversees the legalities and contractual aspects, expect even more compliance issues and of course, each state has its own compliance laws as well; lawyers know there’s a learning curve.

Still, now that the real estate market is showing signs of improvement, sites such as LegalAuthority.com and LawCrossing.com expect to see a continued trend in available careers for real estate lawyers and title lawyers. This is good news on many fronts, since these trends are also indicative of more borrowers willing to take a leap of faith and begin searching for new homes, a practice that has been nearly non-existent for nearly two years.

If you’re looking for a new and challenging legal specialty or are graduating law school and wondering where to focus your efforts, it might be real estate law is the right choice. LawCrossing.com is a great way to jumpstart that legal career. It offers an exceptional resume service and offers the most job openings from around the country.

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Bernard Wolfsdorf

Bernard Wolfsdorf, National President of the American Immigration Lawyers Association, is working tirelessly as he and his group of talented attorneys work to become the voice of thousands of Haitian residents who must find new land to call “home”. He is this week’s Law Job Star Person of Excellence.

What can we say? Bernard Wolfsdorf symbolizes everything an attorney should be. He was recently named one of the Top 10 Immigration Attorneys in the U.S. by Human Resource Executive, is referred to as one of the most “highly regarded individuals in the field” by The International Who’s Who of Corporate Immigration Lawyers, and in what is sure to become one of his most proudest moments as an attorney, he and his firm, The Wolfsdorf Immigration Law Group, are spearheading efforts to fast track immigration relief efforts for Haitians as they seek safety in the U.S.

In a letter written to address the devastation of the January 2010 Haiti earthquake, Wolfsdorf writes, “The worst earthquake in 200 years has left thousands and perhaps millions homeless…There is simply no way that Haiti could absorb the return of its nationals under these conditions. This Administration has expressed its desire to apply our immigration laws in a fair and compassionate manner. Here is a situation that cries out for that fairness and compassion.”

It’s this passion and dedication that has resulted in numerous awards and recognitions in both the legal and political fields. He is also a respected author on immigration law and conducts lectures across the country on visa matters and other immigration issues. His assertiveness serves him and his purpose well and his youth allows for more contemporary solutions to problems that are sometimes hundreds of years old. Indeed, along with his current efforts for the people, he is also preparing to take on controversial matters that are ongoing with the U.S. Citizenship and Immigration Services Operations. In what surely must feel like a never ending effort, Wolfsdorf surrounds himself with a team of lawyers that share the same passion for fairness and dedication to defining a better America.

The Wolfsdorf Immigration Law Group represents individuals as well as major companies who need in depth knowledge, experience and the determination needed to tackle the complexities of American immigration laws. Its worldwide reputation, dedicated team and focused goals are the cornerstones for this legal team that continues to put forth tireless efforts in ensuring a more level playing field for both American citizens and those wishing to become citizens of this great country. In 2008, Chambers Global – World’s Leading Lawyers for Business is quoted as saying about Wolfsdorf and his team, “Fielding a crop of excellent lawyers doing ground-breaking work, this immigration firm is the envy of many.”

In a world where our legal representation seems to find as much need for a lawyer as their clients, to know honor, pride, dedication and commitment still exist is more than refreshing; it renews the American public’s faith in the legal field as a whole and should serve as a measuring stick for every other law school graduate who’s beginning his career with the hopes of doing great things. Bernard Wolfsdorf and his efforts will serve him and his team well as they begin the daunting task of helping those most in need – the Haitian Earthquake survivors who are now finding themselves with no home, no food and no land from which to rebuild their foundations.

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Networking and Joining Professional Associations

Many lawyers can attest to the importance of joining professional associations as crucial to the success of their law firms. Legal associations allow lawyers to stay current with the latest legal trends while also remaining “in the know” of their fellow attorneys. More than a few new partnerships have resulted in two attorneys joining a professional networking group or association, says A. Harrison Barnes, lawyer and founder of LawCrossing.com; “Associations have always been a great way to socialize and network, plus it gives others in the legal field an opportunity to stay abreast of new technologies and other aspects of law that don’t specialize in”.

Another advantage of becoming part of an association is it gives you the opportunity to step into the role of community leader or if you’re considering entering politics, it provides the perfect springboard for jump starting your political intentions. At the very least, you may find yourself invited as a guest speaker to a group of divorcees who wish to form an investment club or a group of first year law students, and as we know, this could mean a long term professional relationship that you’d have not otherwise had access to.

There’s another excellent group you should consider being a part of: LawCrossing.com. Here, lawyers from across the country come to scout the best new talent, locate and hire the right paralegal and even to post their own legal resumes. A. Harrison Barnes says it’s that streamlined focus that makes it an ideal resource for anyone in the legal field. Further, with so many newly defined areas of specialties, finding the brightest and youngest talent means including the winning strategies offered by Barnes and his LawCrossing.com team. It’s simply an advantageous way for legal minds to congregate with other like-minded lawyers. Too often, we become immersed in our own specialties and forget our peers might be focusing their careers in areas we’d not thought about in years.

Before you select any organization, you’ll want to be sure you found the right one. For many of us, we want a more definitive presence in our own cities and communities and a local organization is the best solution. Local organizations can keep you in contact with other lawyers in your community while national organizations will serve you well if you travel a lot and have the need for contacts across the country, or even across the globe.

Regardless of your reasons, joining a professional group has many advantages that can help you as you continue to define your own legal specialty. By the same token, LawCrossing.com can help you find the right personnel who will complement your efforts and assist you as you build your practice. Paralegals, other lawyers and legal secretaries can all be found on this award winning legal site.

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Who is a Public Prosecutor?

Public prosecutors carry out legal proceedings on behalf of the state. Public prosecutors holding a post in the judicial department fall under the jurisdiction of National Director of Public Prosecutions. They are required to perform a number of functions. These functions emphasized by A. Harrison Barnes owner of Lawcrossing.com are listed below:

  • The public prosecutor is required to analyze if sufficient amount of evidence is available against the offender.
  • The prosecutor also decides about the various charges that can be brought against the person who is guilty of committing offences.
  • If he finds that the evidences presented are not sufficient, he might request the police to undertake further investigations.
  • The prosecutor is also expected to issue directives, prepare drafts of charge sheets, incase there is sufficient reason for trial.
  • He must consult with the witness before preparing them for prosecution.
  • He must put forward all evidences against the offender in a court of law.
  • The prosecutor must also produce evidence in favor of the offender, irrespective of whether it is detrimental to the state’s case or not.
  • He is responsible preparing drafts of legislation and shapes the governmental rules and regulation on the basis of the existing laws.
  • Before the impartial magistrate pronounces judgment, the prosecutor must address the law courts on intrinsic values of the case.
  • The duty of referring serious cases to the Supreme Court, falls within the purview of the public prosecutor says A. Harrison Barnes.

Those who are aiming to become public prosecutors are required to possess HIGCSE Grade 12. If you are aiming to get into any universities in South Africa, you need to pass matriculation with exemption. You need to possess the HIGCSE Grade with at least thirty points in 5 subjects on the UNAM score assessment scale. It is not very easy to get into any law school, as it is very competitive says A. Harrison Barnes of lawcrossing.com. Sound background knowledge of law is required. Only people with sound legal knowledge can get into the legal profession. In some of the universities a three year course of B. jurist along with it a 5 year LL.B degree is being offered. On the grounds of promotional reasons, the public prosecutor is required to complete LL.B for becoming an advocate. The attorneys are required to pass courses from Justice Training Centre, in order to become a legal practitioner.

A professional and qualified public prosecutor is required to be extremely honest, well planned and organized. He must be very dedicated towards his clients. A public prosecutor is required to possess excellent interpersonal and communicative skills. Every lawyer possesses power and authority, which should be utilized for bringing about greatest good to the general public. This heady bouquet of authority and power should not be used for the aggrandizement of their own self interests says A. Harrison Barnes. By virtue of his position, he has the right to decide whether or not guilty should be prosecuted. He is responsible for carrying out cases of the state against the person who is accused. The public prosecutor thereafter has the responsibility of putting forward those evidences to further prove the alleged crimes. This process involves several steps such as, questioning the witnesses, cross checking for the offence committed and handling in exhibits.

The public prosecutor is not required to go out much, his job is mainly restricted to indoors says A. Harrison Barnes. The public prosecutors may prosecute in courts or undertake research on police docket in the office. They must carry out a thorough research of the given papers for preparing a case. The public prosecutors with in house training work for courts. They also receive practical and theoretical training at the Justice College. Before their practices, the public prosecutors must complete their four year course of LL.B. B jurist degree was introduced in many of the law colleges, as an alternative lesson. Once a jurist degree is completed the prosecutors can go for the LL B degree. Public prosecutors must be aware of their duties and remain loyal to the legal profession. It is their duty to protect the fundamental rights, freedoms, statutory laws and the constitutional guarantees; honor and dignity of the legal profession lies in the hands of the public prosecutors.

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Preparing for the Graduate Record Exam

The typical career counselor advises those interested in a career change to become familiar with the GRE or Graduate Record Exam. This is a standardized test that most graduate schools in the US use as an admission requirement. This test was created by the Educational Testing Service or ETS in 1949. Currently this test is offered on computers; though certain countries cannot afford that type of technology and paper based tests are made available.

There are those who say that the GRE is an inadequate test, as it just shows how well a student can take a test. There was once a plan for creating a new test but the plan never came to fruition. The GRE instead decided that it would be prudent to introduce a few new questions.

If you are preparing to take the GRE, then it would be a good idea to become familiar with the test. First of all, those considering a Career change should know that the cost of this test is approximately $190. That’s not exactly pocket change for most people, but for those who are suffering economic hardship financial aid is certainly available. If you fail the test, you will need to wait approximately five years for the results to be removed from the record.

You might be wondering what exactly is on this test and it would be poor career advice not to tell you! So now we’ll go over the sections that you will encounter when taking this test, and hopefully it will prepare you:

Issue: This is a part of the test in which you will have to make a choice, the choice usually being between two topics. You will then be required to write an essay on the topic of your choice. Typically one is allowed forty five minutes to complete this portion of the GRE exam.

Argument: An argument is presented, and an individual needs to compose a piece to critique it. Test takers are given thirty minutes to compose their critique.

Verbal: Requires a person to work with analogies, antonyms, sentence completion and reading comprehension. The time allotted for this section is thirty minutes.

Quantitative: This section involves problem solving and high school-level math problems. Forty five minutes are given for this portion of the exam.

Experimental: This section holds questions that are new to the test and that aren’t quite integrated with it. It doesn’t count toward the score – but it does need to be completed. If it is not completed, the final score could be reduced significantly.

This test is mostly used to determine an individual’s placement in the school. It usually will not disqualify those seeking a career change, but it is advised that one does as well as possible on this test, as a career counselor will tell you. You’ve probably heard all of the career advice you can handle at this point, but believe me when I say you should study for this test and prepare as best you can, especially considering how expensive it is. This helps you to ensure a better placement in a new position when your career change is finally complete.

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Evaluating Job Offer before Accepting it

Taking into consideration the economical times we are facing in today’s job market, you want to make positive if a job offer comes your way. You are fully prepared to accept or decline the offer.

Prior to any job offer you probably had a full face to face interview. Did your research on the company and asked the person who interviewed you the important questions regarding benefits and other company policies?

You may be in the need for a career change or some advice from a career counselor for a more proper fit in your future endeavors. Depending on your circumstances making the right decision is the key element for the long term of your career choice.

Look at the company’s overall goal and see if it will fit into your goals. Understanding today’s Job market is very competitive it also means we should be making the choice that will benefit – you the employee as well. You would not want to change your career mid stream, just to realize that the job you accepted will have you back looking for work again.

Here are some important factors to keep in mind when on your career search and if any offers should come your way. Ask yourself these simple questions: What is my actual job title and tasks? What are the hours I will be working? Is traveling to and from work going to create issues? What if the company wants me to travel? What was the atmosphere like during my interview? What are some of the company’s benefits and perks?

These are very critical issues you need to address at the time of a Job offer. If you are unsure where to seek the perfect employment seek a career counselor to help in your search. They have contact with Human Resource managers throughout the area and are well informed by the Employer as what is to be expected.

Be honest with yourself if the working hours are not going to fit into your daily lifestyle. Perhaps you are more flexible and that the company wishes you to be very flexible as well.

Benefits are typically the make or break the deal. Health insurance is huge benefit. Do they offer a secure 401K program? How long do you have to wait before they become available to you? These are typically the type of perks a company will offer if they have them. Some companies do not have any benefits at all.

After you have done your evaluation, or have spoken to your career advisor or career counselor and have made a decision. Be prepared with either an Acceptance letter or a Denial letter for the company that offered you the job.

It’s professional in manner and perhaps they may have a different position better to suit your requirements.

A denial letter will let the company know that you are not willing to accept the offer at this time. However should another position open that more suits your needs you would be willing to speak to them again. The company may in turn make you a better offer.

The acceptance letter also confirms you have made your choice and are willing to take the position. It may also allow you to add a few extra features that were not mentioned during your interview.

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Tuition And Student Loans

Many young lawyers who are just starting their legal careers have always struggled with the overwhelming debt of their educations. Student loans are a significant part of financing most college educations and many depend on these loans to complete their training in hopes of a successful career in their chosen fields. While many believed they had a realistic idea of just how burdensome these debts would be after college, the truth is, few are ever truly prepared for what lies ahead in their financial futures.

Tuition costs at law schools have almost tripled in the past two decades and now average $60,000 per student.  In public law schools, this is a 17% increase while private law schools report a near 19% increase.  It’s startling, to say the least. A. Harrison Barnes, career coach, lawyer and founder of LawCrossing.com says it’s often a wake up call for these young lawyers who are setting out to make their marks on the world.  Unfortunately, due to many factors including the current recession, recent grads aren’t making the six figures they thought they would be during the first years of their legal careers.

Some law schools report average salary expectations for new grads; unfortunately, these numbers might not be completely accurate.  They rely on former students to fill out and return questionnaires, which is where they get their numbers.  Often, these numbers are only indicative of a percentage of those who actually took the time to fill out the surveys and they may not include those former students who are working on contract, part time or started out earning less than they had hoped for.  In fact, it’s not uncommon for a university to receive back less than half of the surveys it sends out each year.

So what’s a young lawyer, who’s eager to test the legal waters, to do?  A. Harrison Barnes founded LawCrossing.com in an effort to bring together every legal opening to one central place so that those searching for legal jobs have a one stop source for their employment goals.  Further, with a resume service that is by far one of the best to be found anywhere, anyone in the legal sector can truly fine tune their resumes while browsing the thousands of jobs added in real time throughout every single day.  Whether they’re looking for a jump start to their legal careers or looking for paralegal jobs, the sky’s the limit with LawCrossing.com.  The word “streamlined” has just been redefined.

While the cost of tuition may continue to rise, the fact remains law firms across the country are always on the lookout for exceptional talent and brilliant legal minds.  The goal, of course, is putting those firms in contact with the right candidates.  While graduating at the top of the class is always a big advantage, not everyone can land in that coveted spot.   With LawCrossing.com as part of your employment strategy, your odds of locating that one dream position just got a lot closer.

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The Financial Sector’s New Nightmare

Banks, mortgage companies, finance companies, payday cash advance
companies – they’ve all come under recent fire for everything from going bust and having to close their doors to charging outrageous fees for ATM uses. They’ve made some big money in the past few years and part of the reason they’ve pulled it off is because the recession has made us all crazy. Another popular decision many banks made was to allow their customers’ checks to clear – with those with the bigger balances to clear first, meaning they could charge NSF fees for several smaller checks if the account funds were low. We’re all, as a collective society, just now beginning to focus on the wake of what’s left behind. Now, the financial sector has a new worst enemy: the well armed consumer who has legal representation. That’s right. Consumers are seeking law firms capable of handling complaints that were falling on deaf ears as recently as a year ago..

With new legislation that was passed recently that protects consumers from all kinds of unfair practices from credit card companies to finance companies, people are gearing up for Round Two. Even those who aren’t necessarily demanding blood spilled on a courtroom floor are at least consulting with financial lawyers who can help them lay the foundation for approaching their financial institutions. A. Harrison Barnes, founder of LawCrossing.com says bank regulators are receiving record numbers of consumer complaints. And the number of banks being sued are on the rise too.

Many are asking if legal representation is really necessary as they face off with one financial institution or another. A. Harrison Barnes says depending on how far your complaint goes, having the right person who specializes in financial law can only help your cause. Because banks are regulated by different agencies, it can quickly become overwhelming when trying to determine who to focus your attention on. In fact, the Board of Governors of the Federal Reserve oversees state chartered banks and trust companies associated with the Federal Reserve System – and often, the strength of a law firm can move mountains, especially if it appears a lawsuit is imminent.

Many firms, including those found with job listings on LawCrossing.com, are bringing in interns for these very reasons. It’s great experience and looks impressive on a legal resume. It’s also an ideal way for a legal firm to put a young lawyer’s skills to the test. Think an internship would be a great advantage for you? Consider applying at LawCrossing.com. You can get help with compiling your resume, take advantage of the article database, enjoy absolutely no advertisements and keep current with thousands of Legal jobs across the country – all in real time. Who knows? You just might the next one to take on the financial sector in an effort to level the playing field once again – either as an intern or an experienced and seasoned attorney ready to tackle the next big project.

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Negotiating The Raise In A Recession

Let’s face it, negotiations for higher salaries are awkward. They can be overwhelming and cause us to question our own abilities.  It’s not uncommon for us to wonder to ourselves, “Yeah, but am I worth another 8%?”  Ah, but you also have to answer that question by reminding yourself of the contributions you’ve made at your law firm. Remember all of those billable hours you logged?  And what about the new clients you brought in over the past 18 months?  Don’t forget that particularly difficult client you took that no one else wanted. It makes no difference if you’re at an entry level or if you’re anticipating becoming a full partner within the next few years, if you don’t negotiate the salary you deserve, you have no one to blame but yourself. It’s not necessarily about being aggressive, but rather, being assertive and having faith in what you bring to the table.

In Women Don’t Ask: Negotiation and the Gender Divide (Princeton University Press), co-authors Linda Babcock and Sara Laschever say men ask for what they want two to three times more often than women and men are also four times as more likely to approach the partners for negotiations. A. Harrison Barnes, a nationally renowned career coach says you might not get what you ask for initially, but if you don’t ask, you get nothing.  It makes no difference how valuable you are to the law firm, until you put it out there, it may be your talents go unnoticed for far longer than you realize.

Another tip A. Harrison Barnes recommends, “Consider it less of a negotiation between two people, and more of a conversation with the goal of a compromise.”   Be sure to make your objectives clear, too.  In a recession, those who receive 12% or more are rare.  If you’re looking for anything more than about 10%, you might want to shelve your negotiations for a few months to see if the economy improves.  That said, those law firms that have not felt so many of the repercussions of a declining economy might be operating from a “business as usual” stance; in that case, you might wish to pursue your negotiations anyway.

Remember, too, part of a compromise might include options you hadn’t considered.  For instance, your 11% salary increase you’re hoping for might be countered with a 9.5% raise, with an annual bonus.  It’s worth considering.  Once you’ve found that “happy medium” with the law firm, be sure to get it in writing.  It’s just good business in any employment scenario.  Finally, if your negotiations fell short of what your bottom line was, consider asking for the opportunity to review again in six months.  You may be able to further negotiate a bigger salary increase or perhaps a bigger bonus.

Often, many lawyers realize they’ll never be able to achieve the financial success they’d hoped for in their current employment. This is when LawCrossing.com can help. Founded by A. Harrison Barnes, also an attorney, this is your one source for access to more jobs in the legal profession than any other. For more tips on negotiating a raise or if you just want to ensure your resume is the best it can be, consider LawCrossing.com.

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