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Archive for the category “Reblog: Toughlawyerlady”

Penny Wise and Pound Foolish

We all know that the phrase “penny wise and pound foolish” refers to people who do things to save money, but end up spending much more because they did not do a simple cost/benefit analysis. I receive many calls weekly from potential clients who, regardless of how much they earn, automatically say they cannot afford a modest retainer to proceed with their case. Others want a “guarantee” that the amount they pay for a retainer will gain them the results they want. I note that when the economy is not doing well, or the media is trumpeting bad economic news or employment figures, or mortgage foreclosures, that people are even more reluctant to spend on legal services, because they consider this to be “optional” versus “mandatory” spending.

Let’s explore the cost versus potential benefits of hiring a qualified law firm to represent you, by viewing the below Example.

Alan is earning $100,000 a year. He has been with his employer for 10 years. Well, ever since he returned from family medical leave after two months for surgery for a condition which was not work-related, he has been criticized for his work performance. That criticism has escalated from verbal to written warnings, and when he contacts me he has just been placed on a performance improvement plan. Alan asks me if I can guarantee that if I contact his employer he will be able to keep his job. When he hears that the majority of time this Firm can be of significant assistance to him, but we can’t guarantee results, he says he can’t afford a retainer. The end result is that Alan is fired, and that his employer alleges that he broke a work rule which led to his termination, and disputes his right to receive unemployment compensation. Alan represents himself at the unemployment compensation hearing and loses. Alan is therefore without a job, without a neutral job reference, without insurance benefits, and without unemployment compensation, all because he did not want to pay a retainer to a lawyer.

What I might have been able to do if we were retained.

I might have been able to allege some form of discrimination and keep Alan’s job for him. I might have been able to secure a severance package for Alan if indeed the employer was intent on terminating him. This package may have included salary, benefit continuation, and sometimes legal fees. I might have been able to have the employer lay him off instead of terminate him for breaking a company work rule. I might have gotten Alan a neutral versus a negative job reference for future employers. I might have gotten permission that Alan can represent that he was laid off or resigned so he can state that on future employment applications without lying. Even if I didn’t get Alan any additional funds, I most likely would have been able to negotiate an agreement which would have permitted him to locate other employment without a black mark on his record.

Can I guarantee that I could have accomplished all of these things? No, but I negotiate these matters regularly and my clients are usually pleased with the results. ALAN WAS THEREFORE PENNY WISE AND POUND FOOLISH. Stay tuned in this Blog for other examples of being penny wise and pound foolish in hiring a lawyer.

By: Faye Riva Cohen, Esquire on her blog “Toughlawyerlady”

LAYOFFS AND MERGERS AND CONSOLIDATIONS AND ACQUISITIONS …OH MY!

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

ToughLawyerLady

In recent months, businesses and institutions in the Philadelphia area have experienced a number of closures, mergers, consolidations and acquisitions which will be devastating to the greater geographic area, and have or will result in major layoffs of skilled employees and elimination of future jobs.

Here are just a few examples:

  • The owner of Hahnemann University Hospital, in existence for 171 years, announced that it would be declaring bankruptcy and closing;
  • Drexel University, announced that about 40 percent of its physicians and clinical staff of its medical college will lose their jobs in the wake of the closure of Hahnemann University Hospital;
  • Philadelphia Energy Solutions announced that it was closing its South Philadelphia oil refinery due to a series of explosions and a catastrophic fire, and laying off more than 1,000 employees;
  • WSFS Financial Corporation acquired Beneficial Bank, founded in 1853, with 58 locations in Pennsylvania and New Jersey, and…

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NO GOOD DEED GOES UNPUNISHED

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

ToughLawyerLady

I started writing this blog 3 months ago, but its topic, which involves all of the drama and passion of a morality play, has been the subject of ongoing change as reported in the news, so I amended it before posting. The story involves a homeless drug-addicted man, Johnny Bobbitt, who allegedly used his last $20 to help a young lady, Kate McClure, when she allegedly ran out of gas near the spot where Bobbitt was panhandling. In turn, McClure and her boyfriend, Mark D’Amico, started a GoFundMe.com page for the purpose of helping Bobbitt with his drug addiction problems and finding him a home. The public responded graciously and $400,000 was raised to assist Bobbitt. As this story involves the human attributes of kindness, sympathy, greed and avarice, and highlights the heights and depths, follies and foibles of the human experience, the news media has given it much coverage…

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PUT A LITTLE LOVE IN YOUR HEART

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

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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