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Archive for the category “Reblog: Toughlawyerlady”

PUT A LITTLE LOVE IN YOUR HEART

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

As Jackie DeShannon sings in her song, “Put a Little Love in Your Heart”:

Think of your fellow man,
lend him a helping hand
put a little love in your heart…

We are living in cruel times.  Human kindness, decency, and regard for others seem to be on the wane. Obviously, during the history of mankind, boorish behavior has existed and may even have been the norm, but one would hope that at this point in the human journey we would have learned to “play nice.”

Recent incidents involving children make one wonder whether families are taking the time to instruct children on the basic niceties of human behavior. I grew up in Minnesota, not the fictional Lake Wobegon of Garrison Keillor’s imagination, “where all the women are strong, all the men are good-looking, and all the children are above average,” but Minnesota “nice” just the same.  Not only did…

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A LIFELINE FOR THE DISABLED

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Although Anthony T. Hincks stated “the only disability that I have, is that I’m human”, that is not true for many people. Although I wish my readers long and healthy lives, many people find themselves at some point in their lives, through no fault of their own, partially or fully medically disabled. I beg you, as well as your family, friends, colleagues and clients, to seek the help of a lawyer when you are applying for long-term (and in some cases short-term) disability benefits, requesting leave under the Family Medical Leave Act, requesting accommodations pursuant to the Americans with Disabilities Act, or applying for Social Security disability benefits.

One should not assume that just because they have successfully completed the first level of any of the above application processes, that one is home free. The application process is just the tip of a much larger iceberg that lies below the…

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The Law Will Hunt You Down

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Each year my Firm receives hundreds of telephone calls from people and company owners who are seeking advice or representation for their legal issues, and our lawyers spend considerable time discussing their issues and legal options with them. Yet many of those telephone calls end with the callers simply fading away, or deciding to postpone action for another day. My questions to them are “where do you think you can go where the law will not find you?” or “how is something going to happen if you don’t take some action?”

Perhaps it is human nature to procrastinate, but it is mindboggling to me that people do not undertake the legal action they should be taking in a timely fashion to protect themselves and their families from future problems.  Some examples follow of my experiences:

Real Estate: 

Husband and wife divorced 10 years ago. Wife could not afford a lawyer…

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Buyer Beware

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

The general public does not seem to be aware that purchase, transfer, ownership and/or sale of real estate are often fraught with problems which are created by people taking legal shortcuts or failing to conduct due diligence, which means investigation and assessment into the quality and validity of the purchase, transfer, ownership and/or sale of real estate. As a result, many people find themselves in real estate situations which are confusing, expensive, and, often, regrettable. This doesn’t have to be the case if certain steps are taken. As the axiom goes — “an ounce of prevention is worth a pound of cure.”

The buyer alone bears responsibility for due diligence.    So, buyer be beware of:

Purchase, Title or Transfer Issues:

 Buyer Beware #1: Do NOT transfer title to a property into your name or into the name of an entity controlled by you without having an insured title search conducted…

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The Dirty Secrets of Sexual Harassment: A Behind-the-Scenes Perspective

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

The topic of sexual harassment has been trending in the news, prompted by the revelations made against Harvey Weinstein and many other men by women who allege harassment by these men, some of these allegations occurring many years ago. There are conflicting opinions as to whether and how to report sexual harassment, what the likely outcome of said reporting will be for the accuser, and even what is interpreted as sexual harassment by women of various ages. For example, in October, 2017, ThePhiladelphia Inquirer ran an interview with a seasoned lawyer about her experiences in handling sexual harassment cases. Although her responses appeared a little blunt, they resonated and affirmed not only my experiences but, indeed, the experiences of any seasoned employment lawyer in handling such cases.

The interview unleashed a barrage of vitriolic criticism attacking the lawyer, with many people expressing dismay at her advice and conclusions, and…

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A Lesson Learned From Taylor Swift On the Meaning of Damages

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

The composer and singer, Taylor Swift, recently won a sexual assault lawsuit against a former radio host. He initially sued her stating that she had caused his dismissal. She countersued because she wanted the trial to serve as an “example to other women.” Swift only sought a single dollar in damages, which the jury awarded her.

Yes, Even $1.00 Award Has Implications       

The dollar awarded to Swift brings up some interesting points about how damages are calculated under the law. There are two parts to every case:

  • The first part is liability, meaning that one has to first prove their case before they are entitled to damages. Many people spend most of their energy on the facts of their case, as they are so personally involved in it.
  • Yet, once they are able to prove their case, the next step, and often the most important step, is for them to…

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YOUR CHAKRA IS SHOWING

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

I am not a particularly spiritual person. I consider myself to be a very solid, staid and responsible person. That is probably why I became a lawyer. The legal profession does not lend itself to meandering thoughts, and regular self-examination. The law is a profession of evidence, rules, and having to do things in a certain way.

But lately I seem to be seeing terms which formerly were considered “woo-woo” making their way into mainstream thinking and literature. So if I am reading an article or magazine about architecture and exterior design, there is generally a mention of feng shui or creating good karma, or the importance of surrounding oneself with crystals or harmonious colors. If I am reading a women’s magazine there are always articles about wellness, relaxation, meditation, etc. Although in years past the West Coast in the United States was the origination point for many of the…

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Don’t Dig Yourself Into A Hole

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Don’t Dig Yourself Into A Hole

This is a pop quiz on when it is advantageous to hire a lawyer:

  1. At the beginning of a significant matter in your life which could have a financial and/or emotional impact on your future.
  2. After you have – already signed legal documents that could encumber you, or after you have been sued, or after your deadline to pursue a matter have passed.
  3. After a judgment has been entered against you in a lawsuit you did not defend; years after you did not monitor what was happening with a relative’s estate of which you are a beneficiary; after you settled on a piece of property and begin having major problems.

I would hope that most of my readers would have selected A. Yet in my experience, most people do not hire a lawyer until they have experienced problems in B or C. It is…

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A BITTER WORLD

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

In the aftermath of every seminar I present at, I receive an evaluation of my presentation. Although most of the comments are favorable, there are sometimes one or two comments that are not. Some comments just contain information, as does the following one which is the subject matter of this blog. One of the comments for a seminar I presented last November was “Faye comes across as bitter. I wish her happiness.” I was the last speaker of that two-day seminar, and my topic was ethics in employment law. As this topic had been touched upon by several of the earlier presenters, I decided to focus on the real world of employment law cases, and the ethics, and sometimes the lack of ethics, of lawyers in these types of cases. Apparently my presentation revealed my unhappiness with some of the ethical issues I have encountered in my practice.

Do I…

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BENJAMIN FRANKLIN’S 7 GREAT VIRTUES

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

Recently I walked by a parking garage in Philadelphia and noticed something that made me smile on a gloomy winter day. A sign announced that the floors of the garage were named after Benjamin Franklin’s 7 personal virtues that he created to define his life, and no doubt hoped would be followed by his fellow American citizens – an aversion to tyranny, compromise, freedom of the press, humility, humor, idealism in foreign policy, and tolerance.  Even more telling, I noticed the sign shortly after our country had concluded the most vicious Presidential election in American history (2016), when the nerves of all citizens, both winners and losers in the election, were still raw due to the brutal process of this particular election.

Although I probably had read about the virtues during my school years, they seemed new, fresh, and particularly relevant to our current lives, so I decided to read…

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