Incredible Words

The Birmingham City Council went into a flurry of action recently, following a run of mishaps involving tandoors or ovens, at curry houses, which injured quite a few workers. The Council’s Environmental Health initiated a sequence of safety checks across the city, initially focusing on twenty seven restaurants and takeaways that use tandoors.

The inspectors carried out a detailed probe and questioned the management and employees of all the joints. A thorough investigation of the two confiscated ovens which had caused the accidents, found the tandoors to be defective.

A curry house situated in Handsworth, named Chandni Chowk Restaurants and Sweets, was found to be using an oven which had been installed by a chef instead of an engineer. Naturally, it was defective and exploded while it was being lit, causing extensive burns on the hands, face and eyes of a worker. When the case went to the court, the owner pleaded guilty for using an ill-maintained oven and the Birmingham Magistrates Court imposed a fine of £3,500 on the owners, along with the costs of £2,500.

The officers of the Environmental Health of the Birmingham City Council found further problems with the tandoors. In one case, the oven was installed and maintained by an engineer who was not trained for working with kitchen appliances. At another place, a highly risky practice of lighting up the oven with burning serviettes was being followed. Only a small number of owners were using a safe and proper ignition system. In nearly half of the curry houses, the workers were exposed to the health hazard of dangerous levels of carbon monoxide, which was being released due to poor combustion. Three-quarters of the kitchens were not using interlocking ventilation canopies, resulting in poor ventilation. Many ovens had thrown away all safety norms as they actually appeared to be homemade.

Companies need to be sure that they are giving the correct instructions with effective policies around health and safety decisions. Fire Risk Assessments will benefit organisations in enabling them to understand their responsibilities for fire safety, and put in place measures to control the risks of fire as required under legislation.

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Scores of young women have preferred Yaz contraceptive pill, also referred to Yasmin or Ocella it’s generic name, as their birth control pill and regrettably are now paying for that choice. Yaz side effects have become extensively reported, some are troublesome, some even life-threatening. While all ontraceptive pills have some variety of risks associated with them, the side effects observed with Yaz seem to be a little more intense. There are so many unusual Yaz side effects that one really should examine any health consequences that are experienced to determine if it is possibly related to the usage of this birth control pill.

Plenty ladies have endured Yasmin side effects. Yasmin side effects stretch from seizures, organ failure, and the ultimate side effect, death. For young ladies that have been effected from taking Yasmin birth control pill or know someone who has, you may be entitled to compensation for pain and suffering. Due to incorrect claims and not disclosing the full potential risks, the makers of Yaz led various of women to believe Yasmin contraceptive pill were the perfect answer for their premenstrual and acne needs only to be subjected to side effects that could possibly have killed them.

Due to the high occurrence of some Yaz side effects, it is important to know what do if you are going through them. The absolute foremost step is to consult your doctor and if necessary to obtain a second opinion. Most physicians who have the updated histogram on their patients will be able to determine if a specific drug would not be advocated. If your doctor should confirm that your symptoms are indeed caused by Yasmin then you should immediately stop taking your birth control pill and consult with a lawyer.

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If a doctor does not diagnose and begin treating a patient in time, anyone with mesothelioma cancer often passes away. Over-exposure to asbestos fibers causes the cancer. Workers from industries in the past century where it was common to be exposed to asbestos are at risk for developing this deadly disease. Sheathed by a lining called mesothelium, our lungs, heart, abdomen and other vital organs are protected. Asbestos particles caused cancerous growths in this lining, thus hindering proper functioning of these vital organs. Early treatment of mesothelioma can Aid save the lives of people that have this potentially letal disease.

Timely diagnosis, treatment, financial support ets, asbestos mesothelioma Case comprises of many activities like mentioned above. The cancer is comparatively rare, and this fact is responsible for the lesser number of mesothelioma doctors and cancer treatment centers available. If you are looking for a local doctor who can treat a patient for mesothelioma, I would recommend searching google or aol first. Along with that mesothelioma lawyers are quite helpful in helping the patients seeking compensation from those who are responsible for the infection.

Conventional treatments like operations and chemotherepy,as well as radiotherapy,do have some limits. A factor that complicates this is the relatively recent discovery of the disease. Some patients die before they should because their disease has not been diagnosed correctly. Society and patients alike, are beginning to see a glimmer of hope, with increased public participation in finding better cures, and erradicating the disease.

If you have your health, then you are the weathiest of all. Healthy citizens are any societies greatest wealth. Some of our representatives are also crusading against the threat of mesothelioma by suggesting laws and directives to protect people from asbestos. Companies that manufacture asbestos have begun making the workers shower and chage their clothing, before leaving the premises, while providing them with protective clothing, masks, etc. while they are working. The obvious result is that the person’s life will be preserved; it will also protect the lives of their immediate family as well. Scientists are working around the clock to find a better treatment for this type of cancer.

Anyone who acquires mesothelioma surgery will be overwhelmed with assistance so that you are able to fight off the disease and become healthly again. The need of the hour is to combine all the efforts and provide such an environment, where the workers no more fall victims to the deadly disease.

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There are hundreds of professional organizations that provide resources and support to their paralegal members but the field is really dominated by a handful that have the clout and membership to influence rules and make changes within the industry. A few of those top professional organizations include: the American Alliance of Paralegals (AAPI), the National Federation of Paralegal Associations (NFPA) and the National Association of Legal Assistants (NALA) which combined have an estimated 35,000 plus members all across the United States. While the AAPI primary purpose is providing the best paralegal training and educational programs possible the NFPA and NALA work to influence and guide the language and it’s used within the profession.

Critical aspects to remember when looking into the quality of a paralegal program:

1. Paralegal courses should teach usable job skills along with the underlying legal theory. The paralegal schools curriculum should also cover torts, contracts, legal writing and legal research, ethics and litigation. Paralegal courses should be geared towards developing students’ communication skills, their critical thinking and their skill set in dealing with ethical issues. Paralegal degree programs should also include a way to gain experience such as an internship, clinical experience or practicum.

2. Who are players behind the scenes? Who put the paralegal curriculum together and who is teaching it? Do the staff and the paralegal schools program director have top notch credentials? The paralegal teaching staff should have field experience in the subject they are teaching be considered an “expert” on that subject. The curriculum director should have an advanced degree in a related field at worst but preferably they have a law degree or a bunch of paralegal work experience and an advanced paralegal degree.

3. An expanding number of paralegal schools are now offering online paralegal training. Although becoming more popular among students due to convenience, cost and flexibility you still have to ask yourself, “Is it right for me?” However, before you can make that decision you should probably find out how much interaction takes place between the instructors and students and how is the instruction presented to the students. Is interactive video used, tele-courses or some other form of delivery system?

As the old saying goes, “if you want more than just a job and you have what it takes” then in today’s uncertain economy a career in law as a paralegal, is about as good as opportunities get. Undoubtedly, opportunity knocks for those that have the required drive and training. So if you’ve been sitting on the fence; the time is now, jump down and go get your paralegal degree.

Visit www.totalparalegal.com/online_paralegal.html for more information on online paralegal schools.

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Yasmin is a popular oral contraceptive pill that is taken by millions of women around the world every year. As of late, Yasmin has been linked with certain serious Yaz side effects and possibly life-threatening injuries. Women taking Yaz, or its generic form Ocella, have reportedly suffered gallbladder disease, blood clots, among other serious health problems. And on top of the already rising scrutiny, the Food & Drug Administration has sanctioned the makers of Yaz and Yasmin for misleading television commercials that did not properly making known to consumers involving the conditions the pills were meant to treat.

Among the different tilts impending on Yasmin, Yaz and Ocella birth control, the contraceptives also include drospirenone, a component not in other oral contraceptives. The British Medical Journal issued studies in August 2009 exhibiting a higher risk of venous blood clots in women taking drospirenone as opposed to those who used other oral contraceptives. In the same month, the Food & Drug Administration issued an uncorrelated warning letter to Bayer Pharmaceuticals, makers of Yaz, for using low-quality batches of drospirenone from a plant in Germany. For the benefit of public interest and wellbeing, these studies have been made available free on the internet.

Adult Females taking Yasmin, Yaz or Ocella to avoid getting pregnant or to treat PMDD (Premenstrual Dysphoric Disorder) or severe acne have reportedly suffered major injury to their health and wellness. Although most pharmaceuticals present some form of side effects, the main issue surrounding Yaz seems to be that the original commercials downplayed the health risks and side effects. This attracted users to the product that may not have taken it otherwise had they been properly informed about the risks posed by Ocella, Yasmin and Yaz.

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In a recent case, Welder John Walton, who suffered from occupational deafness as his three successive employers exposed him to high levels of noise, was compensated in an out of court settlement.

Walton complained of hearing troubles long back in the 1980s while working for Corus (then known as British Steel Corporation). He had also been employed with Darchem Projects Limited and Turbros Engineering. He realised the seriousness of his problem only in 2007 after a medical check up. The medical reports showed that his hearing ability had been severely damaged because of constantly working in a noisy atmosphere.

Thereafter, Walton approached his worker’s union, the GMB, which instructed Thompsons Solicitors to claim compensation on his behalf for the loss of hearing due to noisy working environment. All the three employers accepted liability for his hearing impairment and paid him a total compensation of 12,750 pounds in an out of court settlement.

Billy Coates of the GMB said in this regard that high level of noise causes loss of hearing to many workers. He pointed out that it is a long-term damage caused due to constant exposure to noise at the workplace, which the employees do not even realise in the beginning. Since hearing loss is due to the negligence of the employers, it is important that the workers are compensated, he added.

Thompsons Solicitors said workers often think that they are losing their hearing due to aging, while the constant noise at their workplace is largely responsible for this. The personal injury firm added that all workers had a right to claim compensation for exposure to excessive noise at the workplace.

Employers have a duty towards ensuring health and safety of the workers; a NEBOSH course, leading to the award of the NEBOSH National General Certificate in Occupational Safety and Health, can be of benefit to organisations in providing the knowledge to manage safely and effectively in compliance with both the organisation’s policy and best practice in health and safety.

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When it’s not recorded in ‘open court’, or when the injured victim dies before he receives the settlement check, and the terms of the settlement were never clearly laid out by either side.

Usually a settlement is reached among the attorneys or in Court with the assistance of the Judge. Where there is a verbal agreement between the attorneys as to the terms of the settlement, the victim’s lawyer will usually confirm those details in a written letter to the defense attorney. If a settlement is reached during trial, or at a pre-trial conference, the preferred method of settling the case is to ‘put the settlement on the record’. This means that a court reporter is called to the courtroom or Judge’s chambers, and the terms of the settlement are recorded and agreed to by all parties and later transcribed by the court reporter.

Why is this important you ask?

Because a settlement is not a settlement until and unless these rules are followed. Many attorneys are guided by principles of fairness and doing what’s right for their clients. However, let’s look at the following case where all sense of fairness was discarded.

A lawsuit was brought for a child who was injured at birth. At some point during the lawsuit an offer was made by the defense, and the offer was accepted by the child’s parents. In a child’s case, a Judge must always approve any settlement involving a child. Let’s also assume that the attorneys confirmed their intention to settle in writing subject to the approval of the Court.

This would be just fine if the Court had processed the paperwork quickly and a settlement check had been forwarded without delay. Unfortunately in this case, the Court delayed (unintentionally) processing the paperwork. Also, because the child was so severely injured his life expectancy was very limited. Between the time that the attorneys reached an agreement to settle the case and the time that the Court actually approved the settlement, the child died.

You would think that this story has a happy ending, but it doesn’t. The child’s lawyer notified the defense that the child died, and also sent the Courts’ approval of the settlement. Now here’s the worst part: the insurance company recognized a way out of having to pay this large settlement by claiming that there was never any proper settlement in the first place!

The insurance company refused to pay, claiming that since the child had died, the agreement that was reached at the time was no longer valid, and absent a Court order, they were not paying a dime!

If that type of tactic doesn’t outrage you, it should. Remember, an insurance company isn’t in business to pay claims. Rather, they’re in business to make profit. Here’s a case where the insurance company had an agreement to settle a case and pay the child and his family money to compensate him for his injuries; the attorneys acknowledged in writing to each other the offer and acceptance; and the Court was in the process of approving the settlement. Isn’t that enough to confirm there was a settlement?

Not according to the Court. The decision made it clear that although there was an intent to settle the case, the fact that the parties did not follow the ‘rules’ to settle a case and make the settlement legally binding meant that the insurance company was now totally off the hook.

This is an unbelievable and unjust result for an injured victim and his helpless family. This decision means that the family must now pursue a legal malpractice claim against their own attorney for not settling their case in open court, or setting out the specific details and terms of the agreement in proper form signed by all parties.

What’s the moral of the story? If you settle a case make sure your attorney does it in Court, and makes a record of it. If it’s not done in Court, make sure all the specific terms of the settlement are clearly spelled out in a written document signed by all the lawyers. Finally, make sure there is a clause in this agreement that says that the terms of the settlement are binding regardless of whether the injured victim is alive, or has died in the interim. If the plaintiff’s lawyer had confirmed all the settlement details in his letter, and included this clause, he likely wouldn’t have had a problem.

I’ll bet the insurance company lawyer got a bonus for finding that loophole and outsmarting everyone on that case. How’s that for a sense of fairness?

Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish. He can be reached at http://www.oginski-law.com, or 516-487-8207.

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Does anyone go to law school to run a small business? How about to become a salesperson? Probably not. Attorneys go to law school for many reasons, but being a business owner or closing sales is not one of them.

But that’s what happened, isn’t it? Instead of the noble vocation of practicing law envisioned, many attorneys find out quickly about the harsh realities of running a professional legal business. They learn that:

The billable hour is everything

They’ve become the salesperson they never wanted to be

They own and operate a small business

The last point is sometimes the hardest issue to face. Owning your own business means that bringing in revenue and keeping the doors open may get pushed aside and replaced by the many details of actually running a small business.

Who’s Running the Store?

Many attorneys find that business matters overtake their practice, and billable hours and revenues decline. So a secretary or administrator is hired to run that side of the business. Not a bad idea. But who ends up running their business — the staff person or the owner? Do you want to hand over your livelihood to someone else? What happens when that person leaves? Does 90% of your administrative knowledge also leave or are you stuck with an underperforming employee who can hold your business hostage with their knowledge? That can be a dangerous way to run a business.

There are solutions to this issue, but the one that may work the best is sometimes the hardest to find time for: writing and maintaining a procedures manual so that anyone can step in and take over when needed.

Why is this Important?

If procedures are streamlined and duties written exactly as they should occur, attorneys are free to do what they truly love to do - practice law. But that’s not the only advantage. If procedures are written:

a staff member can take over the non-legal, non-billable matters that take so much of the attorney’s precious billable time.

correspondence and pleadings will have the same quality of work product, look, and accuracy.

clients are confident that consistent, high quality service is assured. Outstanding quality, accuracy, and service are a priceless commodity in today’s highly competitive legal market.

How Do I Write a Manual?

Option A: The attorney could do that themselves, but again, that’s a waste of valuable billable time.

Option B: The attorney could entrust the staff to record the steps that compose their daily duties, but that probably wouldn’t streamline the process since no new techniques or insights would be gained.

Option C: Outsource the process to a knowledgeable, trained consultant specializing in law firms and their procedures.

Obviously, Option C would probably work best. A consultant assesses the true needs of the firm, suggests options for different categories, observes the duties and processes employed by the staff, recommends steps to streamline needed procedures or eliminate unnecessary ones, and documents and writes the procedures manual.

However, care must be taken in finding and hiring the right consultant. There are many qualified Human Resource professionals who consult with small businesses; however, a professional law firm is unique in its services, confidentiality issues, practice, and procedures.

What to Look For

When hiring a consultant, look for the following qualities, body of knowledge, and experience in the:

day-to-day operations of a law practice

client confidentiality issues inherent in a law practice

legal terminology

different types of law and resulting practice procedures and requirements

organization of a well-run practice

techniques to increase staff participation

recruiting of qualified staff

training of legal staff to adopt an ownership attitude

legal marketing and business development

creation of additional profit centers

The right consultant who can assess the true needs of the practice and apply that knowledge to streamline processes, document procedures, increase client satisfaction, originate new profit centers, encourage a staff ownership attitude, and increase the attorney’s billable hours is truly worth their weight in gold. They can help change your PRACTICE into a BUSINESS that works for you and that can run its daily operations without you. Leaving you to do what you really desire — practice law.

Copyright 2005

Nickie Freedman is a professional speaker, business consultant and trainer. She is also the founder and principal of Legally Large, a training and consulting company dedicated to helping firms rise to their next level by optimizing what they already possess. Contact her via http://LegallyLarge.com/

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