Archive for September, 2010

The Laws on Copyright

September 25th, 2010

Intended to safeguard the work of inventors, innovators, and artists, copyright is a legal fiction. Permitting exclusivity for anyone who develops a creative work as an intangible asset that is capable of being given up or sold, although it does expire after a certain amount of time, copyright proves to be a legal bar. The issue of copyright has become a bigger concern, thanks to the rapid expansion of the Internet domain, as well as the development of greater amounts of content; this is an issue that more web masters are starting to think about in order to protect their interests. As the results of not possessing the appropriate rights can be a real disaster, the consideration of copyright has turned into an enormous debate for both vendors and purchasers at each stage along the chain of production, thanks to the rise of a market for freelancers. In this piece, we examine just what a copyright really is, and the ways that it is relevant for the creation of content on the Internet.

Granting a creator the legal right to modify or utilize, either in part or the total work, and claim it as their own property, copyright is an artificial construct which protects the originator of the work. A creator owns his original copyright for the work under consideration and also possesses the ability to give this to another party whenever he wants, typically in exchange for payment; although the general concept proves to be the same, it does have slightly differing interpretations in various jurisdictions. Assuming that a person creates a property and yet is not paid for it, he is able to withhold his copyright and seek damages where it is appropriate; this is why copyright was created, to act as a lien on his behalf. The understanding of copyright proves to be significant, as it is able to be utilized by the original party against a third party buyer, although a creator does also have rights under typical laws of contract.

In order to protect intellectual property, copyright is the mechanism which was created. Lasting for several decades at least, intended to keep other people from taking an idea as their own, copyright arises simply through putting concepts and thoughts down on paper, which itself gives the protection of copyright. A critical element in safeguarding the monetary interests of the individuals responsible for some of the most essential advances in the world, it is mainly designed with the idea of encouraging art and innovative thinking.

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Protecting Artists

September 25th, 2010

People that create things such as artists, inventors, and writers get their work protected under copyright laws. Copyright laws are designed to keep people’s work from being copied and used by anyone else, for sale or otherwise, so that once people distribute their product other people cannot just take it and make it their own. It is becoming even more serious of an issue because of the wide availability of content available on the Internet, and it is very important for people with all kinds of sites to make sure they do not break these laws. As more and more people are working freelance it is becoming very important for everyone to know and understand who actually owns the copyright to work that is produced, so everyone needs to be aware of the different parts of the law and how it relates to them. Specifically, people need to understand how the work they created for, or on, the Internet is protected by the copyright laws.

Originally whoever created a product, or art work, owns the copyright that allows them to do what they want with their creation, but the creator can sell the copyright to someone else allowing them to use the creation as their own. Different places may view the laws slightly differently, but the general understanding is that whoever creates the piece of art to begin with owns the copyright until they decide to sell their rights and give the copyright over to a new person. Copyright laws were created to protect people’s creations from being used by another party without permission and usually some type of financial gain for the create, so if the law is broken then the original creator has the right to sue whoever is using their product. Many artists work on a commission basis and copyright laws are designed to make it easier for them to sue if a third party is using their work inappropriately, or without the person’s permission to use it at all.

These laws were designed to protect intellectual property or things that are created. Copyright laws protect people’s ideas for decades as soon as people have put their ideas in a tangible form, and this is a right that does not require the creator to do anything else to receive it. Many people that have created wonderful new things for the future have their interests and products protected under copyright laws, and many people would not be as willing to put their ideas out there if they did not know they were safe.

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Lawyer Marketing no-no’s

September 25th, 2010

Every Attorney needs new clients. You need to keep your pipeline full of new business, but how do you do that? The answer is simpler than you think. So how do lawyers keep new clients coming into the door? Simple: You need to keep marketing your practice. You need to advertise, and use other means to keep your Attorney Marketing efforts alive! There are many good ways to do this, but here we will cover things to NOT DO and focus on the pitfalls to avoid. By avoiding these three mistakes, your attorney marketing efforts will benefit.

Mistake 1 – Not taking advantage of your client base. Successful attorneys will not only do a good job for their clients, but in doing so, you’re also doing a service to yourself. How? By getting referrals! If you’ve done a good job for your clients, then they should be willing to help refer clients to you. How do you make sure you are always in their thoughts? Market to them as much as you would to a new client. Start a mailing list, or email list and cater that marketing specifically to them as people you’ve helped throughout the years.

Mistake 2 – Cutting Corners on Your Marketing Efforts. If you are currently paying a marketing professional, don’t try and take it in-house. Would you recommend that someone represent themselves in court? Of course not! When you start to reduce or save money on the front end of marketing, then it will come back to get you on the back end in less clients. It is imperative that you recognize what has been successful for you in the past, and stick to it. Don’t remove essential steps in what is working. Resist the urge to be too smart for your own good, and don’t tweak what is bringing clients to your door.

Mistake 3 – Not respecting the value of good marketing, worse yet – not prioritizing it as Job 1. You could be the best lawyer in the world, but if you have no clients, then what good does it do for you? Skill is essential, but it will only take your practice so far. If you don’t make marketing a top priority, there is a high likelihood that you will fail, so you frankly would be better off working for a larger firm. But if you want clients, you have to put yourself out there at all times – You are selling yourself & building your own brand in your city, or community.

The attorneys who do not make lawyer marketing a priority are more likely to fail in their business of law than ones that do. Break it down to the simple & put attorney marketing on the same high-level that you place on practicing law. Then not only will your success rate in the court room continue, but it will also keep your lobby full of clients! Good luck!

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What Three Advertising Mistakes Should Lawyers Avoid?

September 25th, 2010

A lawyer is always in need of more clients. How can you make sure to have a continual supply of new business? It might surprise you to learn that it can be easy. So how does an attorney maintain a steady clientele? The simple answer is to let prospective clients know about you and your practice. Yes, you must advertise and do other marketing tasks to get the story out. There are a lot of successful options you can use, but we will discuss what you absolutely should NOT DO here. You can maximize your marketing campaign by steering clear of these three missteps.

#1 Mistake: You Do Not Take Advantage of Your Current Clients When you resolve a client’s case successfully, you also benefit yourself. Other than the fact that they paid you, how can that be? You can ask for a referral! If the client was pleased with your results, then they should not hesitate to recommend you to other people. How can you see that they do not forget about you? The best way is to treat them almost as if they were a prospect. Send them information either offline or by email that is targeted to former clients.

#2 Mistake: You Consider Creating a Cheap Marketing Program If you pay a professional marketing firm now, do not try to save money by doing the work in-house. That is analogous to having a person act as their own attorney. And, as the saying goes, “he who represents himself has a fool for a client.” You may save money by reducing your marketing costs, but those savings may be negated by getting fewer new clients. You need to determine what tactics worked in the past and keep to that path. Don’t take out any critical step of the process. Fight the urge to make unnecessary changes, because you don’t want to harm anything that is bringing in new business.

#3 Mistake: You Do Not Realize the Importance of Clever Marketing or Make It a Priority You may be the greatest attorney anywhere, but of what benefit are your skills if you have no clients? You have to have talent, but that alone can only get you so far. Your firm has a much better chance of failing if you don’t take marketing seriously, so if you would rather discount it, perhaps you should not open your own practice. To gain clients, you have to be willing to sell yourself; the public needs to recognize you as a product or brand rather than merely as a lawyer.

Prioritizing the marketing of your law firm as a business will give you an advantage over your competitors that fail in this regard. Create some simple steps and put your marketing efforts on a level similar to that you afford to practicing law. That should give you continued success in the court room and fill the seats in your lobby! Best Wishes!

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Attorneys: Avoid These Three Unsuccessful Ways of Marketing

September 25th, 2010

It is no secret that every lawyer needs to be able to attract new clients. How do you keep a continuous flow of new business at your door? It is not nearly as difficult as you might imagine. How do successful lawyers attract new clients? It is easy: You need to continue advertising your practice. You need to use your best marketing skills to keep your business thriving. Since there are numerous ways one could go about achieving this, we will discuss what NOT to do, in an effort to help you avoid the most common errors. Your marketing efforts will flourish if you avoid these three things.

Mistake #1 – Neglecting to Make the Most of Your Existing Client Base The most successful lawyers in the business do not simply work hard for their clients while delving into a case; they are also working hard for themselves. How are they doing this? By obtaining referrals from their existing clients! It follows that if you’re helping your clients win cases, they will be very likely to recommend you to people they know who may end up needing a good attorney. But how can you ensure that you will come to mind when they are in this situation? Treat them like a new client in the way you market to them. Create an email or regular mailing list to continue offering your services specifically to the many clients whom you’ve already helped.

Mistake #2 – Not Devoting Enough Time or Money to Your Overall Marketing Efforts Do not try to market yourself if you already have a paid marketing professional doing this work for you. Does it make sense for a person to represent himself in court? I’m sure you would be the first to say that it does not! If you are not willing to spend a sufficient amount of money on the front end of your marketing efforts, it will have an effect on the back end by resulting in fewer clients. You need to identify what types of advertising have worked for you in the past and continue along those same lines. Do not think you can skip several key points in advertising and expect to continue getting new clients. Some people try to fix what isn’t broken, thereby ruining what was already working well and had the potential to grow their business even larger.

Mistake #3 – Refusing to Acknowledge the Impact of Good Marketing, or Not Making It A Top Priority What good are you doing for yourself if you are the most skilled attorney around, but you do not have any clients? Skill can only carry your business to a point. Working for yourself in an individual law practice requires that marketing always be a top priority; if you are not willing to do this, then you would probably be more successful joining a larger team of attorneys. If you are in business for yourself, you need to be aware of the necessity of marketing your particular style and personality as an asset to potential clients.

The attorneys who choose to make marketing an indispensable part of their business are going to be the ones who find themselves successful in their practices. To be very blunt, you need to make marketing as important as actually practicing law. If you follow the advice provided here, you will experience an increase in the number of clients you obtain and you will be able to continue doing what you love–winning cases for people! Best of luck to you!

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Some Pointers on Personal Injury Cases

September 25th, 2010

Adapted from pointers by Jay G., here is an article about avoiding the pitfalls many new lawyers fall victim to when they accept cases that may cause them to be labeled as “Ambulance Chasers.” How to Start and Build Your Law Practice a book by Foonberg:

Advise your prospective clients to engage you as soon as possible and often when you are meeting with the potential client and / or their family initially. In order to verify that there is need for representation and to protect a client’s interest, work will need to begin as immediately as possible. You should also instruct your client to consult with you before discussing the case with anyone regarding facts and possible fault, with the possible exception of police officers.

Before the potential client cleans up or engages in repairs, they should understand that the investigative team will need to photograph all evidence and that this is of utmost importance.

Interviews should be conducted as soon as possible with third party witnesses. Before there are any changes, there should be review and photography done at the scene of the accident. The potential client should retain any of the garments that they were wearing at the time of the accident, even if they are torn or stained with blood. Photographs of any bruises, abrasions ,or injuries should be taken immediately.

Any insurance company will be seeking to defend claims for damages as opposed to pay out for the person’s injuries, and the potential client should understand that this is the insurance company’s first concern. The client should be advised that they can expect a letter of claim and must acknowledge that they have received it within 21 days and this letter starts the timetable. A copy should be sent on to the insurance company and the letter of claim should arrive in duplicate. The client should completely and thoroughly review any medical records for accuracy and completeness. Medical records should be given the appropriate amount of time and consideration. Reports from doctors will be held in higher esteem by an insurance company than a report received by another medical professional who is not a physician.

Be certain to advise the client that as the facts currently appear, they have presented a case with merit and this reminder should be communicated orally and in writing. Considerations for losses, damages, extent of personal injury, and treatment needs will ultimately determine the value of any case which has been presented to you.

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Personal Injury and Negligence Law

September 25th, 2010

Freshly minted attorneys are frequently so eager to begin practicing that they come dangerously close to earning the nickname of ambulance chaser.  The suggestions and tips that follow are taken from Jay G. Foonberg’s popular guidebook entitled How to Start and Build a Law Practice:

As you conduct an initial consultation with a potential client or their family members, encourage them to utilize your services as frequently and as quickly as they can. It is important to get an early start on your representation of their interests, and you should make clear to them the critical nature of your early involvement in their matter. Reinforce with them that they should never talk about factual details or potential fault or negligence concerning their case with anyone other than the police until they have discussed things with you.

Every prospective client needs to grasp the need for investigating authorities to obtain photographic evidence of all tangible things relating to the case before they are damaged, destroyed or repaired.

Any ancillary or disinterested witnesses need to be interviewed as soon as practicable. Accident sites need to be visited and documented photographically before any changes, repairs, or distortions occur. Be sure that the client understands not to allow damaged, dirty or blood-stained clothing or evidence to be discarded by medical responders. Any outward evidence of injuries, including bruises, scratches and the like, must be chronicled in photographs right away.

Injured parties need reminding that the insurer’s priority will always be to defend damage claims, not assist the injured party in obtaining compensation. Explain to the defendant that your client’s claim letter starts the clock on their response window, and that they have 21 days to notify you of receipt of the correspondence. The correspondence should be sent with an additional copy, which the defendant should be instructed to forward to their insurance carrier. Make certain that all medical documentation is in order and that it has been seen by the client. Devote sufficient time to thoroughly examining all medical records. Be mindful of the fact that insurance carriers give far more credibility to a doctor’s report than an analysis produced by someone other than a physician.

Communicate to the client both in person and in writing that given what is currently known about the facts of the case, there is indeed merit to the damage claim. Thus, it can be extremely difficult to attach a monetary value to a matter until the complete nature of the injury and the cost of care and losses are ascertained.

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