California Respa Lawyer Warns That The Penalties Imposed In Respa

California Respa Lawyer Warns That The Penalties Imposed In Respa For Violations Can Be Severe

RESPA

If there is one thing that RESPA is known for, it is for its prohibitions against kickbacks and fee splitting in the real estate industry. Now, the question for many in real estate, is just how strongly will those prohibitions be enforced once the new RESPA Rule takes effect in 2010.

In 1974, Congress enacted RESPA, the Real Estate Settlement Procedures Act primarily to address abusive practices, promote greater understanding to homebuyers and to prohibit practices such as kickbacks or referral fees that result in higher costs.

Efforts began in earnest in 2008 to reform RESPA and on November 17, 2008, HUD published its new 341-page RESPA final rule. Though published in the Federal Register, there is a one year implementation period and mandatory compliance begins January 1, 2010.

RESPA Prohibition of Kickbacks

RESPA was created in the first place partly because various types of entities involved in the purchase and sale of real estate such as Realtors, lenders, construction companies, and title insurance companies were often engaged in providing undisclosed kickbacks to each other, thereby causing the costs of real estate transactions to become inflated.

RESPA was designed to prevent kickbacks not just in California, one of the states with the greatest number of foreclosures in this current economic crisis, but throughout the U.S. But RESPA has been criticized for failing to prevent what it was meant to prevent. Lenders and others in the real estate industry in California, for instance, still see customers go with the default service providers associated with a lender or Realtor, even though the documents the homebuyer signs explicitly state they can choose any service provider they wanted.

However, Section 8 of RESPA quite explicitly and forcefully prohibits a person from giving or accepting a fee, kickback or anything of value for referrals of settlement service businesses relating to a federally regulated mortgage loan. It also prohibits fee-splitting or a person from giving or accepting any part of a charge for services that are not performed.

RESPA Penalties for Kickback Violations

Violations of Section 8's kickback, referral fee and unearned fee provisions subject a person who violates RESPA to criminal and civil penalties. In criminal cases, a person in violation of Section 8 cam be fined up to $10,000 and imprisoned for up to one year. In a civil lawsuit, a person in violation of Section 8 can be liable to the person who was charged for a settlement service an amount equal to three times the amount of the charge paid by the person for the service, and for the persons attorneys fees. Individuals have one year to file a complaint to enforce violations of Section 8 in federal court in the district the property is located or where the violation occurred.

Without oversimplifying Section 8, a real estate agent in California or anywhere in the U.S. may not offer nor may a real estate agent accept anything of value for referring business to a settlement provider such as a mortgage banker, mortgage lender or title company or to a friend who refers the agent business. Realtor to Realtor referrals are excluded and there is a contract for such referrals that is enforceable. It is probably still acceptable to take such contacts out to dinner, discuss business and thank them for their support, but that is about as far as one can go.

With all that has happened in the mortgage industry in California and throughout the U.S. that has led to the current economic recession (and some would call it a depression), anyone criticizing the kickback and fee-splitting prohibitions should remember the excesses in lending to unqualified homebuyers that led us to the situation the financial industry now finds itself.

Entities who are found to have formed sham joint ventures for the purpose of evading the Section 8 prohibitions risk potentially millions of dollars in damages and attorney fees as well as criminal charges and imprisonment.

If you believe you have been the victim of a violation of RESPA in California and have been improperly charged as a result of such a violation, or if you are in the real estate industry and are facing RESPA litigation, we recommend that you consult with our California RESPA law firm immediately.

Bni Networking- Review

Thinking of joining BNI? BNI (business network international)is arguably the most effective successful business network group in the country. It has truly grown by leaps and bounds since its inception 25 years ago. What seems to be a major factor to their success is consistency in their format.

Many networking groups over time turn into mere coffee break socials, without many business referrals being shared. They become un-productive and a huge waste of time.If you are seriously considering making more money and expanding your business, you must consider locating A BNI chapter near you.

I personally visited several before joining a chapter. At every meeting I met people who are motivated to help their fellow members. These individuals come from all walk of life; attorneys, chiropractors, carpet cleaners,online business folks,work from home folks you name it. Each member stands up and hand referrals to their fellow members.

This is a perfect example of viral marketing, word of mouth in its simplest form. Any marketer knows (or should know) this is truly the golden nugget of marketing. Do you have or work for a small business? maybe you have a home business. whatever you do in business you can improve your revenue measurably.

But is BNI for you? They do have weekly meetings. At first I was concerned about having to commit to be somewhere every week at a specific time. But they do allow someone to stand in for you if you can't make it to the meeting. Also they do expect you to provide referrals to your co-members. The training you receive in this area will properly be enough to help you with providing referrals.
Opportunities exist amongst the members because a lot of them will use you to provide a service or product they need. Givers gain is the motto of all the BNI groups all over the world. This implies that if you give to your fellow members you will in turn gain as a result. As a member I can certainly attest to that philosophy.

A Rape Lawyer Can Improve Your Chances Of Avoiding Jail

A Rape Lawyer Can Improve Your Chances Of Avoiding Jail

If you have never needed to contact an attorney before, you may find finding a rape lawyer an unnerving task. You need to find an experienced attorney to handle your situation, and determine whether or not a case can be built in your defense. You should aim to find a rape lawyer that will be genuinely intrigued by your case, and skilled enough to defend you against any level of prosecution.

You may feel that the best person for the job is someone who charges high fees and runs ads on television. This type of legal professional may be good, but you don't want to throw away money. Some of the best rape lawyers are those that don't spend money on advertising on television and therefore won't charge you exorbitant fees for legal services. You want an attorney that is reasonable in their prices, and very good at defending their clients against rape charges.

It can be very difficult to defend a person who is accused of rape or sexual assault. This is why it is important for you to hire someone who specializes in sexual assault defense. You are going to need every bit of law on your side, and it helps when you have a legal professional to help make your position more credible. Ask about their record, and see if they have a good track record of winning more of these types of legal situations than they have lost. If this is so, you know you are putting your case, and your life, in good hands.

It is understandable that since you are facing such a dire situation, you don't have a lot of time to choose a good rape lawyer. One way you can take advantage of the time you do have is to get some referrals from trusted friends, relatives or colleagues. Schedule a consultation with each one. Don't be shy, and tell them about your situation. Any attorney who is worth your time will be interested in your case, and ready to provide with good legal advice on what you need to do. You will feel confident about their skills.

You need to take into consideration their prior caseload. If you find yourself with a rape lawyer who always seems to have a full plate, and has to find time to squeeze you in, you may want to hire a lawyer that has more time available for you. This will give them more time to learn more about your case, and get all of the facts straight. Don't rush into anything, even though you may be anxious to have this situation put behind you so you can move on with your life. If you put a little effort into which you choose to defend you, you will be more likely to get your desired outcome in trial.

If You Are Legally Separated From Your Spouse, You Need

If You Are Legally Separated From Your Spouse, You Need A Divorce Lawyer

If you have been legally separated from your spouse for a while, why not take the next step and finally get a divorce? There is no reason for you to continue to present yourselves as husband and wife in the eyes of the law if you are clearly not acting as such. You may have seen some crazy divorces on television and have the impression that this is something you cannot afford to do. With the right divorce lawyer, however, your divorce can be handled so that it fits within your budget.

Divorces can get very messy, and if you don't want to end up in the midst of a long and drawn out process, you need to hire a good divorce lawyer for your side. You can attempt to file for divorce on your own, but you will quickly find out that a divorce lawyer would have saved you from having to deal with a lot of stress and headaches.

If you are separated, it is probably for a very good reason, and going through a divorce can make for a very hostile environment. This is why having a legal professional to regulate the mediation process can help to keep things on track. A lot of people tend to find ways by which they can make the divorce process a living hell for their spouses, in hopes of making them miserable and getting everything in the settlement. Not only does this tactic prove unsuccessful most of the time, but it can also cause the process to go on for far longer than is needed.

If you want to finally put an end to this chapter in your life, hire a divorce lawyer to get you through it. You will be able to completely move on knowing that everything has been taken care of properly, and you won't encounter any unwanted surprises later on.

Make sure that you hire the best professional for the job. This means that you may have to screen several lawyers before you find one who is able to handle your particular situation. You don't necessarily need a high-profile attorney, but you should have one who is qualified and experienced in divorce cases.

If you are having trouble finding a good lawyer, there are a few resources you can use. You can go online and do a search for divorce lawyers in your area, or you can go to your state's legal aid office and ask for some referrals. No matter which particular lawyers you are considering, you need to at least speak with them to let them know what your divorce situation is and to find out if you feel comfortable with them taking on your case. Find out what each candidate's payment terms are, and see if he or she is someone you can afford. After you have checked all credentials and have narrowed down your list to one lawyer, you will be able to rest more easily knowing that your case is in good hands.

The Credit Repair Organizations Act

By law, credit repair organizations must give you a copy of the "Consumer Credit File Rights Under State and Federal Law" before you sign a contract. They also must give you a written contract that spells out your rights and obligations. Read these documents before you sign anything. The law contains specific protections for you. For example, a credit repair company cannot:
- make false claims about their services
- charge you until they have completed the promised services
- perform any services until they have your signature on a written contract and have completed a three-day waiting period. During this time, you can cancel the contract without paying any fees

Your contract must specify:
- the payment terms for services, including their total cost
- a detailed description of the services to be performed
- how long it will take to achieve the results
- any guarantees they offer
- the company's name and business address

Have You Been Victimized?

Many states have laws regulating credit repair companies. State law enforcement officials may be helpful if you've lost money to credit repair scams.

If you've had a problem with a credit repair company, don't be embarrassed to report it.
While you may fear that contacting the government will only make your problems worse, remember that laws are in place to protect you. Contact your local consumer affairs office or your state Attorney General (AGs). Many AGs have toll-free consumer hotlines.

Check the Blue Pages of your telephone directory for the phone number for a list of state Attorneys General.

Need Help? Don't Despair

Just because you have a poor credit report doesn't mean you won't be able to get credit. Creditors set their own credit-granting standards and not all of them look at your credit history the same way. Some may look only at more recent years to evaluate you for credit, and they may grant credit if your bill-paying history has improved. It may be worthwhile to contact creditors informally to discuss their credit standards.

If you're not disciplined enough to create a workable budget and stick to it, work out a repayment plan with your creditors, or keep track of mounting bills, consider contacting a credit counseling organization. Many credit counseling organizations are nonprofit and work with you to solve your financial problems. But not all are reputable. For example, just because an organization says it is a "nonprofit," there's no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, or hide their fees by pressuring consumers to make "voluntary" contributions that only cause more debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

If you are considering filing for bankruptcy, you should know about one major change to the bankruptcy laws: As of October 17, 2005, you must get credit counseling from a government-approved organization within six months before you file for bankruptcy relief. You can find a state-by-state list of government-approved organizations at the website of the U.S. Trustee Program, the organization within the U.S. Department of Justice that supervises bankruptcy cases and trustees.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

Networking Through Strategic Alliances

Networker's know that you always get back more from your network then you have to give to it. However, that should not stop you from thinking about new ways you can help the people in your network. Your network is full of people who would like to partner with you, though neither of you may have approached the idea or formalized a plan. Here are some suggestions for ways that you can form strategic alliances with other businesses in your network.

BNI (Business Networking International) coined the phrase giver's gain, which basically means that if you give referrals, leads or resources the recipients will want to repay you somehow. The problem is that as your network grows, it will become increasingly difficult to give referrals to everyone in your network.

This is somewhat counterintuitive because most people would think that as they add contacts to their network it will be easier to refer the new members of your network to each other. However, if you know five accountants it is difficult to refer to all five of them equally. One way to give back to your network is to develop a number of strategic alliances.

There are a few basic steps you should follow to help ensure that your new alliances are effective. First, be sure to think about what you want the alliance to accomplish. Are you simply trying to reach new potential customers? Or are you also trying to reduce your marketing costs? In general, think about the goals of the alliance. Here are some things you might want to consider.

- You will get access to the networks of your partners.
- You will get to associate your business with another, potentially, more established brand.
- You can decrease your overall marketing costs, while expanding your reach.
- You can learn from other businesses. What has been successful for them in the past?

Next you should think about who you want to partner with. If you are a Realtor, you might think of mortgage originators or real estate attorney's that you could partner with. Bear in mind that your partner does not have to have the same goals are you, but they should be complementary. Here are several ways you can potentially form and alliance with another business.

- Create an alliance with a customer - Creating a mutually beneficial relationship with a key customer can strengthen the relationship and reduce your risk of losing this key customer.

- Create an alliance with a market leader If you are a small business, you may be able to reap hue rewards from partnering with the market leader in your area. You may be able to offer a level of local penetration that a big company may have trouble creating on it's own. The alliance may not offer a huge financial incentive for the small business but you can leverage the alliance in your own marketing program. If you are the market leader, consider partnering with a young, easer business that might be able to offer you this type of market penetration.

- Create an alliance with a non-profit organization You might be able to create an alliance with a trade organization or local community organization, which offer not only direct rewards, but also in-direct rewards from helping a good cause.

- Create an alliance with a former employer Your company may offer a service that complements the services offered by a former employer.

- Create an alliance with a competitor while you have to pay very close attention to detail when partnering with a competitor, you might be able to tap into their resources to extend your reach. They might be a competitor, but may not have the specific expertise that you do. For example, many people would consider Yahoo! and Microsoft's MSN internet portal to be competitors, but MSN recognized Yahoo! Strengths in keyword driven advertising and started featuring Yahoo! Ads with their search results. Of course, MSN is now developing their own contextual advertising system, which means the partnership is coming to an end soon.

- Create an alliance with a parelell industry simply stated, find another business in your market but that is not a direct competitor and then team up to market to the same customer base. Each company can pitch in financially and see incremental results from their marketing activities.

Planning out exactly how the alliance will work is the next step. You and your partner should clearly outline what each party is going to be responsible for and how results are going to be monitored. Be sure to discuss the costs involved in the alliance and make sure that each party has a clear understanding of what all of the costs will be. Here are some ideas to consider.

- Ask your partner to display your literature and/or products. A Realtor may be able to display brochure from a mortgage broker in their office or include it in the packet of information they present new clients.

- Ask your partner to link to your website from theirs. An accounting firm may be able to place a link to your financial planning practice on their website.

- Include your brochure in a partners mailings. A delivery company might be willing to include your brochure in the invoices they send to their customers each month.

- Develop joint marketing materials that promote both businesses and share the expenses of implementing the plan. For example, a handyman and a landscaper may develop a direct mail piece that promotes both companies and then each company can contribute to the mailing expenses.

- Develop a preferred partner program that offers customers a financial incentive to buy products in tandem from two companies at once. For example, a car dealership might form a partnership with a service station and offer maintenance bundled with the purchase price of a car. A health club may offer a joint membership to a local tennis or pool club.

- Develop a seminar with another business develop a educational seminar program with a business in your industry and then market the events as a team.

- Publish news about the businesses you have developed an alliance with.

- Introduce your new partners to your key clients. Perhaps you can invite your partner to events you are involved in.

- Serve as a sponsor for events your partners are involved in.

Once you have set up your alliance and implemented your plan, it is critical that the lines of communication stay open and that you pay attention to the relationship you have formed. Check in with your partner to make sure they are happy with the way things are going.

Set up a weekly meeting or conference call with your partner and go through a progress report. You may also find it helpful to create a report card for your project before it begins. Base your report card on the goals you laid out early in the relationship and then revisit it over time. By laying out the goals in advance, each person involved with the project will understand what is expected of them. In addition, it is harder to ignore setbacks and bumps in the road if expectations are fully developed and everyone is on the same page before the project begins.

The most common mistakes involve failing to clearly communicate through each stage of the alliances growth. Think about the overall value proposition, where each parties goals are aligned and mismatched, the level of commitment or excitement from each party. Always think about how the alliance can become a win-win for everyone involved. If you do not think you can really add value, don't participate because you do not want to damage your credibility. Finally, if the alliance simply does not add measurable value to your business, do not participate.

Creating these formal alliances will help you develop and strengthen the relationships you already have. Power networkers can create multiple alliances with multiple members of their network. These alliances have the added benefit of allowing you to add value to a number of businesses without having to actually give specific referrals to a number of businesses individually.

Internet Marketing Mindsets Required For Online Business Success

Many independent service professionals nonchalantly enter the Internet marketing game by throwing together a half-baked website without any plan and mistakenly believe that visitors will find them. Initially, my online business grew from word-of-mouth referrals from other clients rather than from any true Internet marketing. My website simply served as an online brochure detailing my services and my rates for several years.

Over time, I became tired of trading time for money. Upon gaining some time and experience in business, the independent service professional has a rude awakening that there are only so many hours in the day and consequently that limits the number of clients that can be served.

Despite all the useful information I'd absorbed over the years about expanding my business reach through the development of products that I could sell on my website, I just didn't want to devote the time necessary to create multiple streams of income for my business. However, as I began to see friends and colleagues do this successfully in their businesses, the light bulb finally went off, and I realized that this was my next step, as well. So, I bit the bullet and began to try some of the strategies and began to get quick results from what I had implemented.

In my own professional development as an Internet marketer, as well as from work with clients over the years, I've come to realize that there are 5 Internet Marketing Mindsets that must be in place for someone to be successful online:

1. Create content that can be re-purposed. The goals here is to create your content once and find multiple ways to use it or multiple ways of delivery. So, for example, if you have an Inspiration Line phone service in which you record an inspiring thought each day for your clients, you can record these calls and have them serve as a publicity tool by distributing them as a podcast. This will help drive traffic to your site and bring people into your marketing funnel. When you've accumulated enough recordings, you then sell a subscription membership so that the buyer receives a new inspiring thought each day via email or a direct-to-desktop service. Over time, you can categorize recordings by topic and then combine the recordings into multiple motivational CDs or .mp3 downloads and make them available for sale online. When you've been doing this for a year, perhaps you then parlay the recordings into a book or an inspirational card deck. Sometimes it helps to start with the end in mind.

2. Record everything that you do. Whether you're doing live events, radio or TV interviews, teleclasses, webinars, etc., it pays to record and have a permanent record of everything that you do. Having a digital video recording of yourself in a one-day live event can be packaged into a "home study" course. Teleclasses with transcripts can be resold individually or packaged together for a bigger product. Radio or TV interviews can be placed on your website to enhance your credibility and convince a meeting planner to pay you big bucks to come and provide a keynote speech. Open your mind to the possibilities for re-purposing your recordings.

3. Get yourself and your customers into a sales mentality. Many of my clients simply like to have their products sit obscurely for sale on their websites and do nothing to make their list members or website visitors aware of what they have for sale for fear of offending their visitors or subscribers. If someone is going to be offended because you're trying to sell to them, then just let them go. You don't need a list of tire-kickers who want to sponge all the free info that they can from you and never buy anything -- you'll never be able to stay in business that way.

I have to chuckle when I do a promotion and get an email from someone on the list who chastises me for "daring" to sell to them and notes that they much prefer to "decide" when they want to buy something from me and then they threaten to leave the list. I just respond that I'm sorry that they feel that way, but unfortunately I'm not a trust-fund baby, and that my hard-earned information has the same value as any info that they might get from their car mechanic, doctor, attorney, or accountant, and I've never seen any of those professionals give away what they know.

Creating a sales mentality means that you need to acknowledge that you're in business to make money through selling and that your customers need to become accustomed to having you sell and seeing things for sale all over your websites. This is no different than the trait needed for success if you were to own a brick-and-mortar retail establishment. You can still provide free and valuable information to your visitors, but reserve the right to take that info, create a unique packaging and title for pieces of info on the same topic, and put it up for sale.

4. Acknowledge that people will pay more for convenience and instant delivery online. Many times, as I'm trying to help a client determine the price for a product, they' object to the price I suggest because they compare it to a physical product that can be purchased in the local bookstore or online bookstore for less. The "buy it now and give it to me instantly" mentality that is prevalent among online shoppers dictates that you can charge a higher price for an electronic product than a physical product because the shopper can fulfill his/her need for instant gratification and receive the electronic product in mere seconds. Wouldn't you rather do that instead of having to get in the car to make a trip across town to buy the product or waiting a few days for the delivery of a physical product from an online store?

And, people will pay for convenience. I recently spoke with a client about selling her content that was ready available in various locations all over the Internet. She was concerned that no one would pay for the product since it was currently available online at no cost if someone were to look hard enough. I told her that many of her customers didn't know it was available online, and even if they did, they would have to invest a great deal of their free time to gather all the info in one place. Few of us have that luxury of time today. For most of us, if it's easy and convenient and will save us some time, we'll buy it.

5. Plan your business growth around your marketing funnel. Independent service professionals shouldn't live on the sale of their services alone. Trust me, at some point in your business, you won't want to do that any longer. You need to create a marketing funnel of your products and services that range in price from free to very expensive and base your marketing strategy around that funnel. Your online business success will depend upon people being able to "sample" your expertise before deciding to purchase your service.

Remember that it takes 7-10 "touches" before a prospect will turn into a customer. Give them several ways to experience your expertise, all the way from free to expensive, with any number of price points and options in between. Keep your marketing funnel in mind in all that you do and strategize how every new activity, whether that's creating a new product, writing another article, offering a new service, or being a guest on a radio show fits into your marketing funnel.

By adopting these 5 Internet Marketing Mindsets into your daily marketing mantra, you'll be well on your way to positioning your online business for many years of success!

Copyright (c) 2006 Donna Gunter

Henry Zwack, Up To His Old Tricks

Up until February of 2006, Crossings was the largest provider of outpatient substance abuse treatment on Long Island with offices throughout Nassau and Suffolk Counties. Unfortunately, Crossings was unjustifiably shut down by the state of New York. The diabolical actions that led to the demise of the company were executed by Henry Zwack, General Counsel for the New York State Office of Alcoholism and Substance Abuse Services (OASAS) in Albany. Zwack's wrong doing was co-conspired with the acting commissioner of OASAS, Shari Noonan. We have reason to believe that the Governor himself, George Pataki had his hand in it as well.

Crossings Recovery Centers had been in operation for almost 20 years and never had a blemish on its record. The New York State Office of Alcoholism and Substance Abuse Services (which is the licensing division for all substance abuse treatment providers in New York) had audited Crossings every year and had renewed its license with no issue. In late 2005, OASAS approved the acquisition of Passages Counseling Center, making Crossings the largest provider of outpatient substance abuse treatment on Long Island, with more outpatient clinics than any other provider, possibly even in the State. Only a few months later, OASAS issued a Determination to Revoke Crossings' operating license. If OASAS had concerns about Crossings' operations, why would it approve such an acquisition just months before?

In addition to providing substance abuse treatment to over 1500 patients on Long Island, Crossings also providing housing services. These housing facilities provided shelter to hundreds of homeless individuals who were in recovery from some type of an alcohol and/or drug addiction. Facilities such as these are commonly referred to as "Sober Homes".

The community has been opposed to sober homes for many years. It was a classic case of NIMBYism. No one wants a house with recovering addicts on their block. It didn't matter that Crossings wasn't breaking any laws. It was all about the bias that people have towards that particular population. The community had complained to the local politicians, despite the fact that there had never been any reports of disturbances caused by the residents at Crossings' housing facilities. The politicians, wanting to be re-elected had to do something about it so they applied pressure to their counterparts in Albany...OASAS.

When State officials analyzed the sober housing situation on Long Island, they also determined that in addition to public hysteria, Sober Housing, in conjunction with Treatment proved to be fairly lucrative to the treatment agency that was providing the services. This is when they got Henry Zwack involved. Zwack has a long history of corruption dating back to his time as the County Executive of Rennsalaer, a county just outside of Albany. Zwack was forced to resign due to charges of perjury, conspiracy, corruption and other legal atrocities. Zwack had proven himself to be a real political trouble maker. However, because of his relationship with the Bruno brothers, he landed a nice, cushy position at NYS OASAS.

Zwack's first lame attempt at destroying Crossings was to attack its sober housing system. Realizing that Crossings wasn't breaking any laws and that OASAS had no jurisdiction over sober homes at that time, he sent his attack dogs on Crossings' treatment clinics. OASAS auditors began what they called a "Targeted Inspection" in a desperate attempt to find anything they could use against the company.

Zwack conjured up minor violations as a means in which to bring the company down. Under normal circumstances, OASAS would issue routine citations requiring an agency to implement a corrective action plan within 30 days. In fact, an OASAS representative also cited, under oath, that their scoring mechanism indicated that Crossings would have received license renewals.

Zwack started participating in unethical and illegal actions such as contacting State agencies that referred patients to Crossings and ordered them to cease all referrals as well as contacting the NYS Attorney General's Office to inform them that due to the alleged violations, his intentions were to revoke the operating license. Because of this, Medicaid had imposed a 100% withhold on all payment to Crossings, making it impossible for Crossings to meet operating expenses. He also issued cease and desist orders to Crossings that he did not have the authority to issue and sent them through the mail, which is considered to be mail fraud.

Zwack had violated Crossings' right to due process by participating in these illegal actions. He, in effect, took a back door approach to shutting the company down without giving Frank Buonanotte, the company's CEO, an opportunity to challenge his accusations. This, among other things, was a violation of Buonanotte's constitutional rights.

Because of the Medicaid withhold and Crossings' inability to meet expenses, OASAS requested court approval to appoint itself as a receiver. A NYS Supreme Court Judge allowed OASAS to be appointed as a receiver since Crossings was having difficulty paying its bills. It apparently didn't matter to the Judge that the reason Crossings couldn't pay its bills was because New York State was unjustly withholding its Medicaid payments. However, the judge claimed that his ruling was in the best interest of the patients and indicated that the terms of the receivership were that OASAS had to "maintain" all business operations, run the agency and pay bills until all legal proceedings were finalized.

On the first day of the receivership, despite judicial orders, Zwack began dismantling the agency by referring patients to other healthcare providers and not allowing for new admissions. Within a matter of a week, the entire company was destroyed. As part of the fiduciary responsibility of the receivership, Zwack and OASAS were required to pay staff, rent and other operating expenses for the entire term of the receivership. OASAS paid for nothing. In fact Zwack had lied to the employees of Crossings by saying that because Frank Buonanotte didn't sign a particular document, he was unable to pay them. This obviously was a blatant lie considering that the terms of the receivership were decided by the judge, not by Frank Buonanotte.

There are many articles that were written about Frank Buonanotte and Crossings and posted on the Internet that are 100% untrue. The stories were all fabricated by Henry Zwack and the State in an effort to discredit the reputation of Buonanotte and his company and justify their own unlawful actions. The fact remains that Crossings was an important part of the community helping thousands of people recover from addiction. Frank Buonanotte is a respectable business person with no prior record before the States slander. Buonanotte expects to have his day in court and will attempt to have Henry Zwack indicted for his unspeakable actions. As a result, the drug and alcohol problem has risen to an all-time high on Long Island with drug related deaths and DWIs at their peak. Wake up Long Island! Call your local politicians and make them aware of what is going on.

Building Management Teams With Commercial Properties

As important as property management can be to successful ownership of commercial properties, it is also not limited to a single person or company. To what extent you view the concept of property management as a team effort can often determine your relative success as a property owner.

Lets explore the basic components of a management team and what each component needs to be able to do for your business.

First, there is the core management unit. This person or group can and should handle the following:

Tenant applications
Holding security deposits in escrow
Coordinating tenant background and credit checks
Rent collection
Handling of tenant questions/issues
Posting notices for eviction (as needed)
Coordinating repairs/maintenance
Marketing/advertising for new tenants

None of these important issues are to be taken lightly and this is important because many landlords often look as property managers as the rent collectors and may overlook other important things the management company should be doing.

Next, there is the property maintenance team. This team may not need to be used in its entirety, but each member is important, just in case you need them. The maintenance team should include:

A contractor/handyman
An inspector
An electrician
A plumber
Landscapers
A painter
A carpet or flooring specialist

I could probably list others here but these professionals can be pivotal in both fixing small problems quickly and also turning around vacant units as quickly as possible.

The last part of your management team is what I call the paper group. These team members would include people like an accountant and certainly an attorney, who would both coordinate review of all your paperwork but also assist with the legal proceedings of any eviction. These team members are often the unsung heroes in property management and can make your business life much easier when you have them on board.

The best time to assemble your team in its entirety is during the early stages of property ownership and ideally before you ever purchase the property. The worst time to assemble your team is on an as needed basis, when you really need someone, as this can lead to high team turnover and poor overall performance.

Interviewing each team member, using referrals for out of area properties, and periodic evaluations of performance are all additional aspects of working with a management team that will additionally make your property ownership experience a better one.

Are You Prepared For Legal Marketing Success

The Great Recession has radically changed how people spend their money and how they feel about the future. Yet as bad as things are for many people, others are adjusting and prospering quite well. I truly believe the difference between these two types of people is how they think and how well they adapt to a changing market.

Here are some of the principles I believe are necessary to be prepared for legal marketing success in these times of moral hazard.

The 7 Principles of Legal Marketing Success are:
1. Purpose. You absolutely must have passion for what you do and who you serve. On some level, your work should satisfy your intellectual and emotional needs. If it doesnt, no amount of marketing is going to help. Your heart wont be in it and your marketing efforts will be excruciatingly difficult. Your prospects will see through your efforts as well. Anyway, lifes too short not to go after what you want. Find meaning, purpose and passion about your work and youll be unstoppableno matter how the economy is performing.

2. Programming. Unfortunately, our minds are programmed to be skeptical, negative, risk adverse and judgmental. The majority of our self talk is negative chatter. This internal programming is one of our biggest hurdles to success as the limiting beliefs we have about ourselves (too busy, too old, too introverted, etc), as well as our notions about marketing (sleazy, waste of time, never works, etc) may be sabotaging our efforts. So, what are your beliefs? Are they creating negative experiences or results? If so, decide and focus on what you really want, observe how this negative chatter is holding you back, and then devise a more productive belief system to create what is it you truly desire.

3. Planning. You wouldnt try a case without a plan or travel across country without a map. So, why dont you have a business and marketing plan? Even if its written on the back of a napkin, you have to have a plan to know where youre going.

4. Participation. Client development is a contact sport. Use the Internet and other tactics to build your brand, visibility, and prove youre a thought-leader; but since people are buying YOU, youre going to have to network, join groups and personally participate in the game if you want to win.

5. Persistence. In a white paper entitled: "The Attorney Hiring Zone: Top Activities to Win New Clients by BTI Consulting, one of the findings for "in-person scheduled meetings", noted that it took over 7 attempts to get a meeting with a potential new client; however 90% of the attorneys did not even try a second time if being shot down on the first try. What about you? Are you willing to get shot down and keep trying? Are you willing to go after what you want and not stop until you either die or the prospect tells you to drop dead? Richard DeVos, the founder of Amway said it best: "If I had to select one quality, one personal characteristic that I regard as being most highly correlated with success, whatever the field, I would pick the trait of persistence."

6. Patience. Most people want more clients, more money, and more whatever NOW! While some people might feel that marketing is like hunting, my analogy is closer to gardening. You plant a seed, give it water, sun, and a lot of love and attention and eventually it grows into a strong tree. A tree that is unshakable, always provides shade for you, and drops other seeds to provide you even more trees. But this takes time and attention so be patient and watch your garden grow.

7. Perceptiveness. Getting and keeping clients is all about perceiving and addressing your clients needs and wants. When you do this in a way that impacts them emotionally, excites them, and provides extraordinary value, theyll become raving and loyal fans, a constant source of new business and referrals. I know from 20 years of hiring lawyers for all types of matters, that most lawyers suck at client service. If you exercise empathy, perceptive intuitiveness and increase your client attention and service just a bit, youll stand out and take clients away from competitors. In a stressed out economy, keeping clients is an absolute imperative and should become the lynchpin of all of your marketing efforts as it will become the strongest driver of profitability and growth.

You might have noticed that none of these principles mention a great website, a fancy brochure, or a social media or PR campaign to get new clients. Those are just tactics, tools or collateral to get your message out. The real battle is between your ears and in your heart. Learn the 7 Principles and youll be prepared for legal marketing success. Youll create, blossom and grow, even in a challenging economy, as youll attract and retain all sorts of clients and new opportunities.

Try it and just watch.

Video Transcription Services - Your Partner In Planning

Transcription is the conversion of a spoken-language source into written type or printed form. Now day's companies are getting highly developed with the use of the internet, which results in peak usage of Audio Technologies. Therefore it raises the need for typed copies of projects.

Customers for your secretarial service

Listed below are few types of business who may in need of Transcription/Secretarial Service. Take it as your starting point for you marketing efforts and target the business categories to find new customers.

Appraisers
An appraiser who needs to auction his products, manufactured goods and those indeed to promote his real estate business looks forward for transcription for their business dealings.

Architects
For Document and Word Processing proposals an architect seeks the service of the transcriptionist to make his ideas come into real picture.

Attorney
Court hearings, briefs and legal journals articles are transcribed for the attorneys in judicial administration.

Medical transcription for Health Care services
Medical transcription, which deals in the process of transcribing, or converting voice-recorded reports as dictated by physicians and/or other healthcare professionals, into text format.

Medical transcription plays an important role in various areas

1. Doctor offices,
2. Medical writer
3. Pharmaceutical Sales Representative-Business Plans, Reports, Flyers, Survey Compilation
4. Psychologists-Transcription, Word Processing, Journal Articles, Mailing List Maintenance

Educational Transcription:
In the field of education, conversion of lectures and knowledge transfer sessions in audio/video are converted into text.

For student's transcription for Database Work, Proofreading and Editing of Dissertations and other Documents, Term Papers, Entrance Forms are availed 911 Calls and Wire Taps Criminal lawyers and private investigators occasionally need 911 transcripts or wire taps transcribed. You may find private individuals as well going through divorce or custody battles who tape record telephone conversations that need transcribing.

Transcription for Insurance agencies

Various insurance companies work with Insurance Brokerages for Database Management, Manuscript Policy Typing, Computer Training, mailing list to their agents and Insurance Investigator for Interview Transcription.

Businesses Transcription
Transcription, Invoicing, Sales Letter Editing, Mail Merge, Computer Training, Mailing List and Database Management, Form Design, Newsletters, Brochures, Flyers, Photo Scanning, Other Promotional Materials. It also includes business meetings and preparation of minutes.

Various other areas in which business transcription happens are

Realtor for Database Management
Retail Store in Database Maintenance and Mailing Labels
Sales Representative for Price lists
Stock Brokerage for Mailing List Maintenance and Conversion, Computer Training
Business Consultants for Word Processing, Telephone Interview Transcription, Billing, Proposals, Faxing, E-Mail, Reports, Correspondence
Copy Shops for Menus, Flyers, Print Advertising Typesetting
Corporations for Employee and Merchandising Manuals, Database Management and Mailing Lists, Customer Surveys, Speech Transcription, Interview Transcription, Seminar Transcription
Interior Designer & Management Consultants for conversion of Paperwork, design documents and General Administrative documents

Media transcription

A transcription company plays an important role in various categories such as
Video Production Company for all kind of transcription services
Writer for Screenplay, Manuscript and Word Processing
Radio Station for Database Management
Journals for conversion of voice to text to be published

General Transcription services.

1.Financial Advisors - conversion of huge data for processing and servicing, includes transcribing of board meetings and preparation of financial statements.
2. Government Agencies- EEO Interview Transcription and Focus Group Transcription
3. Individuals - transcription services for Medical and Law School Applications, Job Applications, Resumes, Computer Training, Correspondence, Family Newsletters
4.Churches -conversion of voice to text for Newsletters, Pew Cards, Welcome Packets, Bulletins, Meeting Minutes, sermon.

As you can see, there is a lot of transcription work available; the key is to know how to find it and how to approach potential clients. Major skills you should require include good grammar, listening, typing, basic knowledge on computer and the commitment to meet the deadlines. You can build a great reputation by paying attention to these details, and that means repeat business and referrals!

The Key Steps To Financial Planning

There are six key steps to the financial planning process, according to the Canadian Association of Financial Planners (CAFP). The following is partially adapted from material on the CAFP and FPSC web sites at and respectively. Its an indication of what you can expect in a comprehensive personal evaluation with a qualified Financial Advisor.

(1)The financial planner examines your current financial situation by collecting and evaluating all relevant information, including:

-*Basic family information (name, age, marital status, employment history, details of the children's birth dates and other qualitative details)

-*Net worth & cash flow statements

-*Investment portfolio

-*Insurance policies

-*Tax returns

-*Wills

-*Powers of attorney

-*Employee benefit plans

-*Trust agreements

-*Pension statements

This tells the advisor what your financial situation is today. It is a record of all of the financial decisions and transactions you have made in the past up until the current time.

The preliminary assessment should include family obligations, goals and objectives. Although the advisor may be dealing primarily with one individual, he or she represents an entire household. The financial advisor should ensure that all concepts introduced are fully understood. Privacy issues, which are paramount to some, should be addressed at this stage to ensure that the planner is able to obtain enough accurate information to develop the financial plan.

(2) The financial planner will help you focus upon financial and personal goals and objectives as well as clarify your financial and personal values and attitudes. These may include providing for children's education, supporting elderly parents or addressing immediate financial concerns, which would enable you to improve your current lifestyle and provide for retirement. These considerations are important in determining your personal financial planning strategy. Goals established should be:

Specific.
If goals are not specifics, they are merely dreams. I require $500,000 by my 65th birthday is an example of a specific goal. I want to be rich when I retire is a dream, not a goal.

Measurable.
Financial goals are easily measurable since dollars and cents can be counted.

Realistic and attainable.
Your goals must be achievable, within reason. To accumulate $1 million by age 65, if you are currently 60 and have no savings is not realistically achievable. To accumulate $1 million by age 65, if you are only 25 is attainable and realistic.

Time bound.
All goals should be time bound in order to measure progress towards the goal's completion, with deadlines for meeting specific objectives. If time deadlines are missed then changes can be made in the action plan to improve the probability of success. If goals are seen to be unattainable and/or unrealistic, you can do one or more of the following to get back on track:

-*Reduce discretionary expenditures i.e. save more money to put aside for investments,
-*Increase income,
-*Choose more aggressive investments, with the potential for higher returns,
-*Increase the timeframe over which to obtain the goal, e.g., push forward your date of retirement until you have accumulated the funds you need.
-*Reduce the dollar value of your goal.

(3) The financial planner will identify the problem areas that are preventing you from achieving your objectives. These can include things like too little or too much insurance coverage, or an unnecessarily high tax burden. Maybe your investment portfolio needs to be upgraded to take advantage of current opportunities. Problem areas must be identified before solutions can be found.

(4) The financial planner will provide written recommendations and alternative solutions. This is your financial action plan and it should be structured to meet your individual needs and circumstances, without undue emphasis on purchasing certain investment products.

(5) The financial planner will implement your plan, either by actually executing the recommendations himself, or in coordinating their execution with other professionals as required. A financial plan is only helpful if the recommendations are put into action. Implementing the right strategy will help to reach the desired goals and objectives.

(6) The financial planner will schedule periodic reviews of the plan to assure that the goals are achieved, and implement revisions to the plan if required to meet your goals. Your financial situation and the progress of your plan should be re-assessed at least once a year to account for changes in your personal and professional life as well as current economic conditions.

The initial planning stages normally involve a meeting with the client to discuss the most important issues. Often, a questionnaire is used to quantify cash flow, current financial position, and goals. The development of a financial plan also involves an assessment of future expenses, obligations, earning or income prospects, and financial risk. Any constraints are noted at this time in order to facilitate the plan.

Once a draft version of the financial plan has been produced, your advisor will discuss it with you for clarity and final approval. All aspects of the plan should be clear to you at this time. If it appears to meet your needs and objectives, it may be implemented.

Health Care Providers Should Hang On Tight. . .zpic Audits

Health Care Providers Should Hang On Tight. . .zpic Audits Of Medicare Claims Are Increasing Around The Country

The first half of 2010 has been hard on health care providers. With Recovery Audit Contractor (RAC) audits ramping up around the country, many providers have found that while RAC audits may be on their way, a more pressing concern is represented by the Zone Program Integrity Contractor (ZPIC) responsible for auditing Medicare providers in their zone. ZPICs are but one of the commercial contractors hired by CMS to conduct the medical reviews of Part A and Part B health care providers. Over the last year, ZPICs have been taking over where Program Safeguard Contractors (PSCs) left off. While our firm is still handling a number of cases that were initiated by PSCs, all of our recent cases have involved ZPICs.

As PSCs and ZPICs have been so quick to point out, they are not paid a percentage of the Medicare overpayments identified like their fellow medical reviewers Recovery Audit Contractors (RACs). Nevertheless, as you will soon see, they are handsomely paid for their efforts, albeit in a different fashion than are RACs.

It is essential to keep in mind that both RACs and ZPICs are designed to find and prevent waste, fraud and abuse in Medicare. Further, like their RAC cousins, ZPICs look at billing trends and patterns, focusing on providers whose billings for Medicare services are higher than the majority of providers in the community (e.g. their peers).

ZPICs are responsible for conducting:

Medicare fraud investigations, including referrals to law enforcement;

Medicare data analyses (discovery, detection, investigation, and overpayment projection);

Medical reviews to support fraud case development, including coverage and coding determinations;

Reviews, audits, settlements, and reimbursement of cost reports, and conducting specified audits;

IT systems activities for case and decision tracking and data warehousing;

Interface services with Medicare contractors, the medical community (outreach & education), and law enforcement; and

Medicare / Medicaid data matching program safeguard work for each state in their particular zone.

ZPIC Extrapolations of Alleged Damages:

Over the years, we have gone up against PSCs and ZPICs numerous times, challenging their interpretation of LMRPs / LCDs and assessing the methods they utilized to engage in a statistical extrapolation of the alleged damages in our clients cases. To give these companies their due the statistical experts they employ are smart, aggressive and do not hesitate to respond when their methods have been challenged. We like that it keeps us sharp.

With the help of some of the best statisticians in the country, inmany cases, we have been able to show that their extrapolation of damages has not complied with applicable requirements, and is therefore invalid. To be fair, every extrapolation is different, both in terms of facts, the methodology employed, and in the associated calculations conducted. As attorneys, we work with our experts to break down and assess the ZPICs calculations. Perhaps they handled it appropriately or maybe they didnt. There really isnt any way to know if it was handled properly without a complete copy of their file (including associated work papers and calculations) so that we can fully assess their actions.

Over the last year, we have seen a marked increase in Medicare ZPIC contractor participation (as participants not as parties) in ALJ hearings. Their experts have consistently been professional, concise and ready to answer any questions posed by the ALJ. Our recommendation both counsel and their defense expert better be prepared. Its never to early to start thinking about how to best contest the extrapolation that has been conducted. As a final point, we are aware of a number of instances where a provider (or their representative) has chosen to ignore the extrapolation as a contestable issue. In other words, they just accept the extrapolation as a foregone conclusion and focus solely on the claims. We strongly disagree with that approach. If we identify deficiencies with the extrapolation, we aggressively challenge its application.

AdvanceMeds Medical Reviews:

Once a provider has been identified as an outlier (or identified as a possible problem through a variety of other mechanisms), a medical review of their claims is often conducted by a ZPIC.

A number of year ago, Kevin Gerold, CMS former Acting Deputy Director for Program Integrity was quoted as saying that the agency had revamped its approach to claims processing in an effort to better grasp the experience of the patient encounter. Mr. Gerold was further quoted as saying that CMS was going to let medical reviewers assess a claims legitimacy based on the big picture of the patient encounter, not on a nit-picking slavery to perfect documentation. Unfortunately, in our humble opinion, many ZPIC medical reviews have conducted have been extremely technical resulting in the denial of many claims based on minor omissions, technical deficiencies and / or the contractors own peculiar spin regarding the application of an LCD.

In responding to a ZPICs reasons for denial, it is essential that you obtain each and every reference relied upon by the contractor when denying the claims at issue. We have identified multiple instances where a contractor (not necessarily AdvanceMed) attempted to apply an LCD retroactively. Moreover, it is important to examine the underlying statutory authority to determine whether the contractors interpretation of a coverage provision is consistent with the underlying law or regulation. Finally, it isnt enough to merely poke holes in the ZPICs reasons for denial we like to go one step further show that the particular claims at issue do, in fact, qualify for coverage and payment. Should you learn that your practice or clinic is under review, we recommend that you immediately contact an experienced attorney to represent your practice and handle your defense.

Franchise Affiliation

All the things you need to know about franchise affiliation...

Eyes wide open

Youve met with sales representatives of a franchise to determine whether affiliation with the system might benefit your company. But its a big step. Taking it requires you to make a major upfront financial investmentin franchise fees, new signage, maybe even a different color on your office wallsand it commits you to payments going forward, including monthly royalties and contributions to an advertising fund.

Then there are the low-probability but high-impact events to consider. What if the franchisor becomes embroiled in a high-cost, high-profile lawsuit? Even if the matter doesnt directly involve you, youre affected. For good or ill, your companys brand identity is now linked in the minds of consumers and your business partners to that of the franchisor.

Given the high stakes of affiliation, you must enter into a franchise agreement with your eyes wide open, something federal and state regulators want to make as easy as possible. The Federal Trade Commission and some states require franchisors to provide you a wide array of information upfrontan accounting of pending and closed lawsuits against the company, for example, and details about your initial investment and ongoing feesto help you make an informed decision about purchasing a franchise. Franchisors are also required to provide the information in a standardized format, in a document known as the uniform franchise offering circular or UFOC.

But knowing a franchise brand intimately is easier said then done. The UFOC is an imposing document that, with attachments, can run hundreds of pages. Whats more, some of the key operational information you need to conduct your due diligencewhat are the franchisors rules on record keeping, what are its policies on signage?might be hidden away in the company policy manual rather than in the UFOC. Since companies can change the policies in their manual at any time, these changes can impact your bottom line if they result in unforeseen costs to you.

Whats more, companies arent obligated to show you their policy manual because its an internal document. Some will let you look at it but not take it with you, making a thorough review difficult.

So, how do you cover your bases before entering into a franchise agreement? First, know the principal question you need to answer:

Does the value I receive from affiliating with the franchisors brand identity, advertising muscle, training program, and business process offset the economic investment Ill make and the operational control Ill give up?

Second, do your due diligence. You cant answer that question without first digging into the UFOC. All UFOCs include a table of contents to help you review the document by section.

10 due diligence steps
Review the UFOC with an eye toward the issues affecting your financial investment and the amount of control youll relinquish. Among the issues to consider:

1. Entry and exit costs. How much will it cost to convert your office? The UFOC requires disclosure of these costs, but franchisors typically provide a broad rangein real estate, a spread as wide as $21,000 to $250,000making it hard for you to know what your costs will be.

The reason for the range: Your costs are unique. At the very least, youll need to change your signs and letterhead and pay the initial franchise fee, among other things. But you may also need to add or upgrade equipment or hire additional staff.

Then there are exit costs. How much will you incur in de-identification and other conversion costs to leave the system? Exit costs arent included in the UFOC, so you have to estimate them yourself.

2. Ongoing value. You face monthly royalty payments; other regular fees, such as for referrals (independent companies can choose whether to belong to a third-party referral groupin a franchise, belonging to the referral group is part of the affiliation); and indirect costs. If the franchisor imposes mandatory training on you, for example, you might have to absorb your travel costs if the training is off-site.

For all these ongoing costs, what value will you receive? Are the referrals worth the fees? Is the training worth the cost? Will the franchisors affiliated businessesperhaps it owns a financial services companydrive customers to you that you otherwise wouldnt get? Conduct a cost-benefit analysis, examining your additional monthly costs against the additional income you expect to receive to get a picture of the value of joining the brand.

3. Earnings claims. Franchisors arent required to disclose how much they think youll earn; nor are they required to give you historical data on their franchisees earnings. If the franchisor doesnt report its franchisees earnings in the UFOCand most dontask why it doesnt. After all, the franchisor requires its franchisees to report their earnings, so it has the data available.

4. System growth. Is the number of franchisees growing or contracting? Is the number of company-owned operations increasing or declining? This may be the most important information you review. A declining or stagnating number of franchisees (and a growing number of company-owned offices) may suggest that the system isnt healthy. A high number of terminations or non-renewals may also be troubling.

The UFOC requires franchisors to disclose this data for the three most recent years, but it can be hard for prospective franchisees to identify turnover rates in the system because the numbers are disclosed in aggregate for the entire franchise network. If, in a given year, a franchisor loses one franchisee in an area but gains a replacement franchisee, for example, the data would show no change for that year, suggesting a stable picture. But is the system really stable? For your purposes, it might be more important to know why that one franchisee left.

5. Franchisee input. The most valuable research you can do is to talk with existing and past franchisees, whose contact info the UFOC requires franchisors to disclose. The best question to ask them: If you had to do it all over again, would you do it?

In general, franchise agreements contain confidentiality provisions that restrict franchisees from talking about matters proprietary to the system, such as internal business processes. What youre looking for, though, is a subjective assessment from the franchisee that the systems value proposition is soundthat is, the benefits you get from affiliating exceed your costs to belong.

Seek input from past franchisees, too, but be aware that brokers whove left the system tend to be those most unhappy with it. So weigh what they say with that in mind. Also, if the franchisees have an association or if the franchisor maintains a franchise advisory council, talk to the leaders of those bodies. Very often, theyre among the most widely respected and long-standing franchisees in the system, and they bring historical knowledge that may surpass even that of some of the franchisors employees.

One important point: In real estate, unlike in many other industries, franchise agreements tend to come without post-expiration non-compete clauses. Thats good for franchisees because, if they opt not to renew their franchise agreement, they can convert identities and continue operations without skipping a beat. Franchise systems in many other industries dont permit ex-franchisees that same freedom. Given this flexibility, you can expect real estate franchises to have higher turnover rates than franchises in other industries, all else being equal.

6. Litigation. The UFOC requires the franchisor to disclose all its pending and resolved lawsuits for the last seven fiscal years. Compare its number of lawsuits (those it has initiated and those against it) with its number of franchisees. Theres no rule of thumb for what constitutes a high ratio of litigation. But its probably safe to say that a franchisor with 1,000 franchisees and three pending lawsuits isnt overly litigious.

Also look at how the franchisor responds to lawsuits. Does it settle quickly or does it tend to go to the mat each time? A reading of the UFOC will show you how the franchisor approached each suit because the UFOC requires the franchisor to provide a narrative for each. How the company responds can tell you something about its character and culture.

Note what the lawsuits tend to be about. Is there a pattern? As a general matter, many lawsuits are initiated by franchisors against franchisees for non-payment of royalties and fees. But look below the surface. In some cases, franchisees dont pay their fees because they feel they arent getting the value they were led to believe was there. The narrative describing each suit should provide the argument for any counter-charges by the franchisee. To supplement that information, talk to former franchisees.

7. Franchisor personnel. Look at who the franchisors top executives are. That information, usually in the form of short biographies, is required to be in the UFOC. Pay particular attention to executives whove come from other industries. Some systems are historically more litigious than others. One sandwich chain, for example, is generally recognized as highly litigious. Its helpful to know if an officer comes from such a system. If so, that officer might be quicker to resort to litigation to settle a matter than another officer. To learn about other franchises, contact a franchisee association, attorney, or accountant.

Other things to look for: 1) Nepotism. Are franchise operations managed by family members? If they are, the best people might not be in management positions. 2) Bankruptcies. Have any of the top executives been involved in bankruptcies in other systems? Contact franchisee associations, attorneys, or accountants to find out.

8. Exclusivity. How much protection do you have from encroachment into your territory? Does any exclusivity you have extend to Web site marketing and relocation referrals? You know youll be competing with other brokerages, franchised and independent. But could the franchisor youre considering joining be among your competitors as well?

9. Financials. The UFOC mandates disclosure of franchisor financial statements for the previous three years. Show these to your accountant. One thing to look for: Where is the franchisor getting the bulk of its income? If its from initial franchise fees rather than royalties, that could signal turnover among franchisees. A more promising picture is a company whose lifeblood is royalty income. That signals income from ongoing operations.

10. Sloppiness. For franchisors, complying with UFOC requirements can be costly. These pre-disclosure documents are complicated and extensive. Signs of sloppinessmiscalculations, misspellings, internal inconsistenciesshould raise concerns that the franchisor isnt devoting proper resources to a very important task, one with legal ramifications.

Besides typos, look for inconsistencies. For instance, a franchisor might disclose the number of franchisees in as many as three different parts of the UFOC. These numbers should be the same in each case. If theyre not, what does that say about how careful the company has been in preparing the UFOC and how much in the way of resources and competence it brings to its operations in general?

The title page of the UFOC pointedly recommends that prospective franchisees review the UFOC with an adviser, such as an attorney or accountant. But take time to conduct your own careful due diligence as well. Proceeding with your eyes wide open can make the difference in how much your company benefits from a franchise affiliation.

The Atlanta Bankruptcy Lawyer

Bankruptcy is a state that we never choose, but by the time you are forced into filing for it, you really have no other option. At this time, you feel like the whole world is against you and your business. You have so many debts to pay, that you cannot afford any more financial burden. Then you realize, you also need to hire a lawyer to help you file all the paper work for your bankruptcy petition. More often than not, it is not easy to file for your own petition; you will indeed need the services of a trusted Atlanta bankruptcy lawyer. The lawyer will ensure that, you have a smooth transition into bankruptcy.

The biggest advantage to having an Atlanta bankruptcy attorney on your team is that, he will indeed keep your secrets. This is as opposed to tax return agents, who will be under obligation to report any incidence to the IRS. With the lawyer, everything you discuss is regarded confidential and never repeated to a third party, unless of course it involves an illegality. A bankruptcy lawyer is therefore, someone you cannot afford to do without during this very trying period of your life.

Another person that you can't afford to do without is the somekeyword. The lawyer will help to analyze all your tax and financial records and then advise you accordingly. He will be the person who tells you whether it is advisable to file for bankruptcy or not. The tax lawyer is therefore there to counsel and advise you about the best course to take and if it is bankruptcy, he will advise you about the type of bankruptcy that is applicable in the circumstances. It is in very few instances that bankruptcy applicants know which type they apply for. Having a tax lawyer will ensure that you never have to worry about that, because all will be taken care of. Hiring an Atlanta tax attorney will therefore, save you a lot in the end, since he will take care of all fees and complexities involved in your case.

As already established, during the trying time of bankruptcy, you will need an Atlanta lawyer. The lawyer will offer you legal advice, counseling and will help you file all the necessary documents. It is therefore important that, you hire the best lawyer for the job. The only way that you can achieve this is by doing extensive research about the different law firms and the different services that they offer. Your research could also involve speaking to clients that have employed the firm's services. This will give you a clear picture about the kind of lawyer that you should hire.


Find information about somekeyword, Atlanta tax lawyer and somekeyword.

How to Find Perfect Litigation Attorney in Atlanta

Sometimes everybody from Atlanta has serious problems and needs to go to the court. If this happens to you, you should totally hire an Atlanta business lawyer that will take care of your problems. You can even find Atlanta business litigation attorney at a very affordable price if you need him. Lawyers from Atlanta are very well trained and they are real professionals who will help you solve any of your problems. Every Atlanta business lawyer starts cooperating with you by creating a strategy that will help you to achieve your goals.

An Atlanta litigation attorney will be very respectful, kind and professional in the work he does and his purpose is only to help you achieve what ever you want. A true Atlanta business lawyer handles your needs first and his needs after you. Despite the type of attorneys who want your money, an Atlanta litigation attorney will negotiate a fair price with you and he will not try to rob you. If you have big problems, you should hire somebody from Marietta bankruptcy attorney that will help you in every case and problem. Every lawyer's purpose is to help his client win the trial in a short time and at a fair amount of money. Some people say that lawyers are known for the way they run after money but this statement is not true, because they are normal people who take their jobs very seriously.

The great thing about any employer at somekeyword is that they are very serious lawyers who respect every need of your and do their best in order to win the trial in a short amount of time. It is very important for everybody to choose a professional lawyer, otherwise, if the lawyer is a beginner and he doesn't know how to perform the trial can be lost very easy. A good lawyer always wins a lot of money and he will not try to rob you, and he will negotiate fair prices with you. Being a lawyer requires many qualities and a good amount of general knowledge so only smart and well trained people become lawyers. When you try to get your lawyer you should never get the one who asks you the least amount of money because he might be an inexperienced beginner that will make you loose your trial.

Hiring a lawyer is a very important thing to do and if you want the best one you should go to Marietta bankruptcy attorney. Your needs will be respected and you will be asked for a fair price. The most important thing about Atlanta lawyers is that they are very good in what they do, and they always respect their customers.


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Why You Should Consider Filing Chapter 13 Bankruptcy in Atlanta

Why You Should Consider Filing Chapter 13 Bankruptcy in Atlanta Explained By An Atlanta Bankruptcy

Chapter 7 and Chapter 13 are your consumer bankruptcy options in Atlanta. Chapter 7, as you probably know, erases your unsecured and credit card debt. However, you may not know the reasons why a Chapter 13 bankruptcy may be the right choice for you.

The following 12 reasons to file Chapter 13 in Atlanta are worth a look:


1. Chapter 13 is flexible - At any point, you can either convert the case to Chapter 7 or dismiss it. Also, you can modify your payment plan if you want to give up a house or car or have a change in income. Also, during the administration of the plan, you can sell or refinance your house.


2. If you have fallen behind on your mortgage payments and are facing foreclosure, you can include your past due payments in the plan and save your house from foreclosure. Putting past due payments in the plan gives you the chance to catch up since you have until the end of the plan to make those payments.


3. You can challenge the costs added to your mortgage by the lender.


4. You can use the Chapter 13 to remove an 'unsecured' second mortgage from your home.


5. You can include debts that are not allowed in a Chapter 7 like some divorce payments.


6. Trustees want you to succeed, so they will cooperate with you.


7. Reaffirming your car isn't necessary in order to keep it.


8. Attorney fees can be paid over time instead of prior to filing.


9. You can extend your payments for a car or other secured debt.


10. You will have up to 5 years to get caught up on past due taxes or child support/alimony obligations.


11. A Chapter 7 case can be challenged by a United States Trustee based on your income; a Chapter 13 case cannot.


12. You will not lose any of your property, regardless of whether it is exempt.


The idea of filing for bankruptcy for many people still carries a stigma of failure. But it's important to realize that filing for bankruptcy allows you to clean the slate and have a fresh start. There are pros and cons to both Chapter 7 and Chapter 13 so it's a good idea to speak with a skilled somekeyword before you file. Filing bankruptcy affects your life in many ways so it's smart to hire a somekeyword who has extensive experience in bankruptcy law.somekeyword somekeyword somekeyword somekeyword

Why You Should Consider Filing Chapter 13 Bankruptcy in Atlanta

Why You Should Consider Filing Chapter 13 Bankruptcy in Atlanta Explained By A Bankruptcy Attorney

If you're considering filing for bankruptcy, you probably know about the two consumer options - Chapter 7 and Chapter 13. You also probably know the benefit of Chapter 7 bankruptcy insofar as you can wipe out your credit card and unsecured debt. However, you may not know the reasons why a Chapter 13 bankruptcy may be the right choice for you.

Take a look at the following 12 reasons that you should think about filing Chapter 13 in Atlanta:


1. If you have fallen behind on your mortgage payments and are facing foreclosure, you can include your past due payments in the plan and save your house from foreclosure. This way you have the whole length of the plan to make these payments, get caught up and save your house.


2. Chapter 13 is very flexible. You can dismiss your case or convert it to Chapter 7 at any time. If you have a change in income, decide to give up a house or a car, you are allowed to modify your payment plan. And you can refinance or sell your house during the administration of the plan.


3. You can use the Chapter 13 to remove an -unsecured- second mortgage from your home.


4. Any costs added to your mortgage by your lender can be challenged.


5. Chapter 13 allows inclusion of debts like divorce payments that are not allowed with Chapter 7.


6. Trustees are on your side and want to help you be successful.


7. The fee you pay your attorney can be spread out rather than being paid in full before you file.


8. You can keep your car without having to reaffirm it.


9. If you have past due child support/alimony or taxes, you have up to 5 years to catch up.


10. Secured debt such as car payments can be extended.


11. The United States Trustee cannot challenge your Chapter 13 case based on your income, like they can in a Chapter 7.


12. Your property will not be taken away, whether it is exempt or not.


There is still a stigma of failure attached to filing for bankruptcy. But the fact remains - declaring bankruptcy is a compelling way to make a fresh start, to clean the slate, so to speak. There are pros and cons to both Chapter 7 and Chapter 13 so it's a good idea to speak with a skilled somekeyword before you file. Only a somekeyword with a great deal of bankruptcy law experience can answer your questions and tell you how filing bankruptcy will affect your life.somekeyword somekeyword somekeyword somekeyword

Importance Of Hiring A Bankruptcy Attorney

Bankruptcy is basically a legal term that is used when an individual or a firm is unable to pay off their debts due to financial shortage. Bankruptcy is considered to be an ultimate decision taken by an individual when he does not have the sufficient finances to pay off his debts.

Bankruptcy offers several options for individuals. Depending on situations, petitioners choose a bankruptcy option. The two most commonly opted for choices are explained as follows: :


Chapter 7 - This selection is most commonly used by the debtors. This chapter leads to liquidating all the non-exempt possessions of a debtor to pay off his creditors. This is done by a trustee who is appointed by the court officials. He is in-charge of assessing the total value of all the assets of a debtor and repays the creditors. However, exempt properties of a debtor cannot be liquidated or sold off.

Chapter 13 - This option is perfect for people who have a stable income source. It lets a debtor to take some time, around 3-5 years, to pay off all the debts to concerned creditors. Enterprise businesses or corporations and jobless individuals are not valid for this option. A qualified debtor needs to send a repayment plan to the court for consent before the case procedures can commence.

A major benefit of filing a bankruptcy case is that it assures protection from creditors, which means, a debtor cannot be contacted by his creditors for any debt clearance purposes. Paper-works and other necessities of a bankruptcy case are pretty complicated and should be handled tactfully. Hiring a bankruptcy lawyer can make things easier to manage.

A bankruptcy lawyer will support you right from the filling up the paper-works to the representing in the court. He is like a competent tool that can control the meetings with creditors and assist you to comprehend the complexities of your case. He is the right person to determine as to which bankruptcy option is suitable for you.

While searching for a bankruptcy lawyer, you must check his level of experience and qualifications. Also, try to get in touch with some of his recent clients. Getting referrals might help you to get a fair idea of how your lawyer can work your case out.

Beware of fraudulent law firms and be sure to check that your attorney is licensed to practice law in your area. Things can go worse with an incompetent bankruptcy attorney. Atlanta citizens have a wide range of options when it comes to choosing law firms as the city has some of the best legal representatives.

You must look around a bit before choosing your somekeyword. Atlanta citizens can contact Darrell L. Burrow for availing professional legal services.

Filing Chapter 13 Bankruptcy in Atlanta An Experienced Atlanta Bankruptcy

Filing Chapter 13 Bankruptcy in Atlanta An Experienced Atlanta Bankruptcy Lawyer Outlines 12 Reaso

If you are exploring bankruptcy, you probably know about the two main types of consumer bankruptcy in Atlanta; Chapter 7 and Chapter 13. You likely know that the main benefit of filing for Chapter 7 is your credit card and unsecured debt goes away. However, you may not know the reasons why a Chapter 13 bankruptcy may be the right choice for you.

The following 12 reasons to file Chapter 13 in Atlanta are worth a look:


1. Chapter 13 is flexible - At any point, you can either convert the case to Chapter 7 or dismiss it. Also, you can modify your payment plan if you want to give up a house or car or have a change in income. Also, during the administration of the plan, you can sell or refinance your house.


2. If you have fallen behind on your mortgage payments and are facing foreclosure, you can include your past due payments in the plan and save your house from foreclosure. Putting past due payments in the plan gives you the chance to catch up since you have until the end of the plan to make those payments.


3. If you have an 'unsecured' second mortgage, you can use Chapter 13 to remove it from your home.


4. You can challenge the costs added to your mortgage by the lender.


5. You can include debts that are not allowed in a Chapter 7 like some divorce payments.


6. Trustees want you to succeed, so they will cooperate with you.


7. You don't have to pay your attorney's fees up front; you can pay them over time.


8. You can keep your car without having to reaffirm it.


9. Payments like car payments or other secured debt can be extended.


10. You will have up to 5 years to get caught up on past due taxes or child support/alimony obligations.


11. A Chapter 7 case can be challenged by a United States Trustee based on your income; a Chapter 13 case cannot.


12. Your property will not be taken away, whether it is exempt or not.


There is still a stigma of failure attached to filing for bankruptcy. But the fact remains - declaring bankruptcy is a compelling way to make a fresh start, to clean the slate, so to speak. You need to speak to a professional somekeyword so you know the pros and cons of Chapter 7 and Chapter 13 bankruptcy. You will likely have a lot of questions about how filing bankruptcy will affect you, your livelihood and your future. Be sure to find a somekeyword who focuses on bankruptcy law so he can answer all your questions.somekeyword somekeyword somekeyword somekeyword

Bobby Petrino Goes on Depart Bankruptcy Attorneys Speculate Why

Bobby Petrino, the football coach for University of Arkansas, has been place on paid administrative go away. somekeyword, prone as they are to reading through amongst lines and analyzing incidents ahead of believing in them, are questioning if there is a link among this accessoire and the bicycle accident that he was concerned in previous Sunday. Nicely ideally he is not going to flip out to becoming pathetic like Joe Paterno.

Silent BobBob


As often, the somekeyword are proper. Petrino's -suspension- of types will come after information broke out that he had not unveiled the identification of the particular person riding pillion that day. Jessica Dorrell, who had been employed not too long ago as a soccer staff for the Arkansas crew, was the other rider.

Bobby Petrino's Admits and Also Justifies

Bobby Petrino, the ex-Head Coach for Atlanta Falcons, unveiled a assertion to the media following obtaining out about his suspension. He admitted to being at fault for not revealing the identity of Jessica Dorrell for the duration of a press conference right after the accident he had just referred to her as -a woman.- But he went on further to explain that his only intention for concealment was to safeguard his loved ones and a -previous inappropriate relationship.- So there was not three passengers, just 2.

Apologies Sent Out

Petrino also selected this forum to publicly apologize to his wife and their four kids and expressed hope that he would be ready to repair service the numerous relationships that have been strained by his actions-with his loved ones, the Athletic Director, the College Administration as a whole, and the Razorback Nation. So is this why he hired her in the very first place? Was she hired simply because of her appears? Did Dorrell sense pressured into this situation? It is amazing Petrino is suspended for something like this but a public servant, the President, can invested $one trillion far too a lot funds each and every calendar year without any repercussions at all accept a ongoing stagnant economic climate.

How about the accident?

somekeyword now question if Bobby Petrino will be handed down any a lot more punishment following investigations into the accident are in excess of.

Atlanta Tax Attorney- Makes Tough Decisions Easier

In present day economy, when world economy is going through a tough, roller-coaster ride, an individual financial stability is of high concern. Usually people try to take the right decisions at the right time in terms of monetary matters, yet due to certain sudden, unfortunate events, one may face financial loss or instability. Everyone hopes for a recovery but at times, when it is too difficult to come of the problem, the only option that remains is to file bankruptcy. Companies, individual even states may file up for bankruptcy.

CPA, Enrolled Agent or tax return preparer may solicit some counselling and guidance related to the matter but it's only an attorney who can take you through the legal formalities. Attorney is under the oath of secrecy and hence one can be assured that whatever is discussed with him will be confidential and trustworthy. In case the IRS criminally prosecutes you, the attorney can be trusted not to testify against you in the court.

somekeyword would take care of all legal formalities required in the process. Beginning from counselling, which is the most important step before one decides to take such a big decision about bankruptcy, to the last step, the attorney always supports you! As it would affect the claimants financial records for next 7-10 yrs, first and foremost, the attorney tries to analyse the situation and extend appropriate advice. The client is made to feel at ease right from the beginning, so that he is able to discuss the matter honestly and sincerely. Throughout the process, the attorney makes sure that the client is well updated about the progress of the case.

Usually individual, file consumer bankruptcies are covered under chapter 7 and 13 of the US Bankruptcy code. Towns and cities that are a part of the municipal corporations can file for chapter 9 bankruptcy whereas farmers and fishermen can qualify for chapter 12 bankruptcy.

Usually, people who are going through a tough financial crisis are clouded with various questions such as the fee involved, harassment by the creditors, time involved in the process and many more. Depending on the client's financial background and amount of debt incurred, the attorney would plan the time-line for the filing.

When in need of any tax related consultation, one can approach an Atlanta tax attorney who would guide you through the entire process of any tax related matter. Any tax advice, representation, litigation services, to individuals and businesses can be discussed with an somekeyword who can help and guide accordingly. A good search in the state of Georgia for an experienced and knowledgeable attorney/ lawyer would be the first step once the toughest decision of filing bankruptcy has been taken.

Bankruptcy is a very serious matter; one must consider all pros and cons and try to hunt for better options before taking the irreversible decision. As the credit history would be affected for future, one must think wisely. Consumer credit counselling and negotiating with the creditors must also be considered. Whatever the matter, if it is finally decided that there is no other option, one must make sure that he approaches the right resort.

Resource Box:-

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Atlanta Bankruptcy Lawyers

An honest bankruptcy attorney (Atlanta) can help you file bankruptcy properly, while making sure it has as little impact over your credit rating as possible. If you are looking for such a lawyer, then check out legalatlanta.com right now. Your troubles will likely end right there.

Do you live in Athens? Have you fallen on hard times and feel like declaring bankruptcy is the only way out? In some cases, declaring bankruptcy may be the only way to save your personal assets and yourself from legal action. However, you need to make sure that it is carried out in the proper manner. And only an experienced attorney who has handled similar cases over the years can help you out here. However, finding a reputed bankruptcy attorney in Athens can be a bit tricky if you don't know how. There are so many attorneys around that it is alright if you feel a little overwhelmed when you begin searching. The following pointers may help you to speed up the searching:

Look for an attorney who offers affordable servicesces


If you are filing bankruptcy, then it is quite likely that you do not have much cash on hand. Hence, finding an attorney with reasonable fees should be your first criterion. Look for attorneys who provide the preliminary consultation free of cost. Also, make sure that they offer you payment options for their fees. This is an act of courtesy that you can expect from most lawyers of this type, but make sure you confirm it anyway.

Make sure that he is genuinely interested in your case

If you go in for a face to face discussion with the lawyer, notice his reaction towards your questions. Make sure he asks you questions as well, regarding the details of your case. He should also ask for a number of documents that he will need to work on your case.

Ask whether he will help you prepare a credit report after your case is over

Preparing the credit report after a bankruptcy case will be a major dilemma for you. The report has to be set up properly so that the negative impact of the bankruptcy is lessened as much as possible. This is where the bankruptcy attorney (in Athens) should come to your aid.

Make sure you choose the bankruptcy attorney (in Athens) properly, based on the above criteria. You will have a much better chance of getting your case solved quickly and properly. For starters, check out They have been working in the field successfully for many years and have many experienced attorneys on board. Check out the website right now, and you should be able to find solution for your problem quickly.

Bankruptcy derives its meaning from the Italian word "banca rotta", which means broken bench. Broken bench represents the ancient Italian custom of breaking a businessman's trading bench if he did not pay his debts. Over the centuries, the law has been framed to protect the interests of both creditors as well as debtors as a decent way to manage the debtor's financial crisis. The US bankruptcy law is a court process for managing bankruptcy that may hit both consumers as well as businesses. A bankruptcy lawyer would help to eliminate and repay debts as per the bankruptcy court's protection system.

Bankruptcy is of two kinds: liquidation and reorganization.

Great firm to work with. They will file and represent you fairly.

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