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    What will they label next?

    Posted 06:53 AM December 18, 2009

    Many thought that when New York City started putting the calorie and fat content labels on all chain restaurants that the government was stepping over the boundary of consumer choice and capitalism. However, in my recent travels, I've noticed many restaurants across the US following suit and providing the nutritional content for their entrees. 
    Now, Mayor Newsom, from San Francisco, is pushing new legislation that will force cell phone companies to label the amount of radiation that their cell phones produce. Sounds reasonable, and he feels that it will probably even catch on throughout the country. But how much information is too much and will people even care or understand what the labels mean?

    Right now, the FCC requires that cell phone manufacturers ensure their phones are at or below a Specific Absorption Rate level of 1.6 watts per kilogram of body tissue to be legally sold in this country. Some are well below that level; and the FCC ensures that those levels are extremely safe for consumer usage. So, with that type of legislation in place to protect us, do we really need the extra labeling? After all, how many people still read labels on their food or the warning labels on our favorite consumer products? Generally we get books and books of information with our electronic devices, but, at least speaking for myself, we just toss those to the side to start playing with all the buttons.

    The Environmental Working Group, who is supporting this legislation says that there is only limited research available on the health hazards of cell phone radiation and that more public information can only be positive. All good points, but if we don't know for sure what levels are safe, according to their research, and the public is already inundated with too much information, then maybe the new label isn't positive. 

    Until we know more than the FCC already does about the level of safe radiation, then I cannot imagine that forcing companies to label their cell phones would do any good. If the experts cannot agree on safe levels of radiation, then consumers certainly won't be able to make an educated choice based on the numbers.

    For more discussion:

    San Francisco Chronicle 

    Findlaw Blog

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    "Time is a commodity you can never get back..."

    Posted 07:03 AM December 16, 2009

    There are those that stress about losing their job and then there are former financial managers and consultants. While financiers are few compared to the US population; in NY, they are the many. Their former life of working 15-18 hour days has afforded them savings to support their new journey into the unemployed. Most have been unemployed for more than 18 months now; but instead of stressing, they are taking a new leash on life. Reflection on their former selves has brought many of them to the realization that life is not about work, but instead, that you work to live. When the debt is piling up, it seems like a luxury that most of us cannot afford. But is life really a luxury?
    I must point out that it most of these former Wall Streeters have made enough to still live comfortably during their time of discovery. However, perhaps if we can learn what it took them months and sometimes years to learn, we won't have to worry about not having savings to support us.

    Most importantly, I think that we can learn from other's experience and we need to stop being afraid to take risk. Something that most people on Wall Street learned long before their lay off. Without risk, there is little reward. So, think about what you most want out of life and then develop a plan to accomplish it; take yourself outside of your comfort zone, even just a little. Try to prioritize your obligations. Finally, make a daily/weekly checklist, even if it just includes tasks such as scrubbing the toilet; and check it off as you go. You'll find it rewarding to use your time to accomplish things, even little things; then, you won't have to worry about losing that precious commodity - time.

    Take Stock, Start Fresh

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    There is Money in Following the Rules

    Posted 07:33 AM December 14, 2009

    Every few years, people try to predict the next "hot job"; but in an economic crisis, most of us are just looking for a job that pays. According to the Labor Department, you no longer need to take your series seven exam to make some money on wall street. Financial examiners and Compliance officers will be in high demand over the next ten years as the government tries to regulate our financial institutions. So, it will no longer pay off to bend the rules, but instead, forcing compliance with the rules is where you can find job security and steady income.
    This is not just good news for those that like to "toe the line" and are looking for a job, but many investment firms actually think that more regulation and compliance will be good for investors. Over the past few years, many people were diving head first into investments, buying&selling in commodities that they knew very little about. Now, financial firms will have to ensure that everyone knows what they are doing. And with a compliance officer in each bank, financial institution, investment firm, and government agency; the public will feel more confident about investing their money. Increased investments will help all these financial institutions get back on their feet and start lending again. A great step to turning around this economy.


    Check out the following articles for more information:

    Next Hot Jobs: Keeping tabs on Financial Firms

    In the Financial Game, Biggest Job Growth will be for Referees

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    Right to Associate or NOT Associate

    Posted 09:40 AM December 09, 2009

    The First Amendment has been interpreted by the US Supreme Court to include a "Right of Association" (SeeNAACP v. Alabama357 U.S. 449 (1958)). Again, in 2000, the Court held that there is also a right to NOT associate with those that do not believe with the group's mission. (See, The Boy Scouts of America v. Dale, 530 U.S. 640 (2000) where the Court held that the boy scouts do not have to allow gay troop leaders, as the gay lifestyle is contrary to their Christian mission). Now there is a new case that is set to be argued before the Supreme Court some time during this term that will determine whether the Christian Legal Society at UC Hastings School of Law can exclude gays from membership in their group. Had UC Hastings been a private school with no ties to the government, then the outcome would likely be the same as with the Boy Scouts case.
    However, UC Hastings has since its inception been supported by funding from the California Legislature and not from the Regents, like other UC schools; therefore, it is public and subject to the Federal Constitution. A Federal Judge held that the group cannot exclude gays just because their religious beliefs are contrary to the gay lifestyle. Many public schools, since the turn of the century, have adopted non-discrimination policy with regard to campus activities in order to comply with other civil rights laws protecting minority groups. Hastings has taken a good stand, from a legal prospective; they are allowing the group to meet on campus, but are merely refusing to fund them with the campus activity fees that all students pay as part of admission to the school.
    There are really many rights at stake here. The right to religious freedom (as the group has insisted a christian lifestyle pledge as a prerequisite to participation); right to associate (or not associate as the case may be); and then the anti-discrimination laws passed by the Federal Government to protect public and private organizations from refusing to provide services, sell goods, and otherwise associate with those who are a part of a minority group. 
    We have many freedoms in this country, but when you're getting money from the Federal Government, those "freedoms" are limited to take into consideration everyone else's freedom. Should the group receive funding from the government and still have an exclusive membership? Probably not. However, Hastings is also refusing them recognition as a club, which might pose a problem. If the Christian Legal Society could raise their own funds, would recognizing this group as a club violate the rights of the other students? This is likely the question that the Court will address.
    For more discussion on the topic, see the links below:

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    California leads the way... again.

    Posted 09:10 AM November 18, 2009

    Much like California set the industry standards in energy efficiency for dishwashers, washing machines, and other household appliances; they're now moving on to your TV. As LCD televisions under 42 inches make up 90% of the market in California, the state is targeting those in particular. All TV's under 42" must use less than 183 watts by 2011 and less than 116 watts by 2013; while today, 42" TV use about 232-313 watts. There is some argument from manufacturers that this will stifle innovation and limits the quality of picture that consumers can see. I say that this is a challenge. Who would've thought that we could make a light bulb that produces 80 watts of light and only consumes 6.5 watts of electricity (the light bulbs in reference are LED bulbs
    I rather enjoy the challenges that California brings to the production marketplace. If not for government standards, who would spend the time and money to create a better more environmentally friendly way of life? The companies must do things at minimal cost and maximum production. Business responds to competition, who can do it better and cheaper. While this is great for the economy and weeding out those that can't keep up; it's not the best way to achieve a better environment. And, I think, we want to leave our children with a better environment.

    Television manufacturers will now be hiring young, brilliant inventors to discover the next new technology that is going to give us HD, crystal clear pictures, while using only a fraction of the energy. AND save the state billions of dollars; which we know the state needs in this economy.

    Read this Findlaw article
    More on LED's

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    On a personal note...

    Posted 07:27 PM November 17, 2009

    H1N1: Is Your Small Business Ready for Swine Flu?

    I am placing the link about to a blog site about strategies and planning for small business owners who really cannot be out sick with the flu. While I am not only a small business owner myself, my lack of posting recently has been to some personal experience with just how serious the H1N1 is this season.

    A little over two weeks ago, my father went to the hospital with a high fever, stuffiness, and general flu symptoms. He was first admitted to a small local hospital in Pennsylvania with pneumonia. I did some research and generally with some antibiotics and bed rest, most people recover within 3-5 days. However, his condition worsened over a period of 15 hours and was soon transferred to another hospital in the area with pulmonary and infectious disease specialists, who again, felt that it was just a bad case of pneumonia where the fluid was taking over his lungs. Before I could get back to PA from San Diego, they had him on a ventilator pumping oxygen into his lungs at very high rates and pressure just trying to keep him alive. After landing in PA at midnight, spending the next 7 hours praying with my mother, the doctors said there was nothing they could do, he was going to die. This was just 2 days after first going to the hospital and prior to that being 100% healthy with no prior medical conditions.

    After negotiations, we got him life-flighted and admitted to UPMC in Pittsburgh. They had him less than 5 minutes and knew what emergency procedures needed to be done to save his life. They placed him on an ECMO machine that essentially oxygenates the blood and allows the lungs to rest and recover. After FOUR false negatives for influenza, the last one came back positive for Influenza A, indicating "swine flu" or H1N1. Meanwhile, many scary nights, 11 days later, and complications from the ECMO, he had to be taken off the machine and placed back on ventilator support. Thankfully, he was able to maintain good oxygen levels for another few days and the ventilator is also out. He's very week and may be in recovery for 6 months, but he is alive and seems to be improving.

    So, my point in telling you all this. My Dad is also a business owner; fortunately for him, his business is large enough that he had several managers and good people in place to run the business while he's been sedated and fighting for his life. And even in recovery, someone will need to be in charge of the business. My advice to all small business owners out there - AVOID THE FLU! None of us can afford the time, energy, and money it takes to recover from being sick, even if our symptoms are minor.

    WASH YOUR HANDS! AVOID TOUCHING YOUR FACE! And follow the procedures on the link above to help create a system that will keep you and your employees safe this winter and out of the hospital.

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    Is California Broken?

    Posted 11:00 AM October 29, 2009

    The Associated Press published an article today about the possibility of another Constitutional Convention in the state of California. Unlike the US Constitution, which has been amended only 27 times over the past 200 + years, the California Constitution has been amended over 500 times since its inception in 1849, plus countless revisions. The California Constitution includes protections for the University of California and shields Stanford from paying taxes; it expands most of the federal "Bill of Rights" and is more easily amended by the people that most other states who do not utilize initiatives. The document is extremely fluid and is the third longest constitution in the world. This fluidity and ease of alteration has lead the document to change with the "whim" of the public and progressive trends. That being said, is that a bad thing?
    With the recent budget crisis, high unemployment rate, struggling education system, overflowing prison population, etc., many believe it's time to cut our losses and start over. Well, maybe not completely start over. The two ballot measures that the state voters will have the opportunity to weigh in on in November 2010 will merely ask whether a "limited" Convention should take place and what the process should be. What actually gets changed is still yet to be seen. But, before you vote, you should understand the consequences of saying yes.

    Read about the process that is being proposed and understand what powers and what issues are going to be put on the table. The constant distrust of elected officials is being blamed for the clash between legislation and the creation of amendments, initiatives, and revisions put in place by the people through the ballot box. If the people are going to be the one making decisions about how this state is organized and operated, then we better get informed about what is going on. Perhaps that is the real issue. We vote on issues we don't understand, or are not fully educated on. 

    So, while there will be much debate on the future of this state, my point is only that we should be involved in it with open eyes and an objective mind. It has been almost 40 years since a major revamp of the constitution has taken place and more than 100 years since a convention was called. So, once a convention is called and changes are made, it may not be until someone else's lifetime that the state will get around to making changes again. This is not about fixing a document to fit the modern trend, but it's about creating a system of government that will help this state run and change with the times, centuries to come.

    For more information, check out: Repair California; CAN; or The Bay Area Council.

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    How Montana is Spending Some of its Stimulus Money.

    Posted 12:37 PM October 26, 2009

    According to the Bozeman Daily Chronicle, a county in Montana has decided to use a portion of its stimulus money to help those that cannot afford an attorney. It has set up "Self-Help Law Centers", and there are several across the state, where people can take their legal forms and get assistance with properly completing them. "[B]ecause of the growing number of people having trouble getting forms filed properly and getting a disposition of their case in a timely manner," the county has opted to institute this program, states Jan Bjork, Gallatin County District Court administrator. 

    As usual, California is ahead of the game on this topic. The Assembly passed legislation back in 2001 to create a profession where individuals with legal knowledge and experience can help those in need without the cost of hiring an attorney. However, also typical of California, the services are not free. There is no stimulus money being spent to create self-help clinics in this state. Nonetheless, the costs of hiring a Legal Document Assistant in California is minimal compared to what an attorney would charge to do the same thing. So there is hope on this new front of expanding judicial access to the average person. 


    There are many legal acts that do not require attorney assistance to complete, especially when a majority of people cannot afford the costs of an attorney in the economic climate today. For example, in family law, if both parties are in agreement, people can change custody agreements, child support, formalize an adoption, change their name, and get a divorce, all without the cost of hiring an attorney. But the paperwork is daunting. So, most people scrape together what money they can and hire an attorney to handle the paperwork. Not anymore, now individuals can do it themselves and can ensure accuracy and proper filing by paying a minimal fee to a Legal Document Assistant.


    The goal is not to phase out attorneys. There are still many issues that require the assistance of an attorney to properly work out. Attorneys can help change the interpretation of laws and what factors a court will take under consideration when making a decision. Things that the average person cannot do and likely does not want to do. But for a multitude of single legal acts, where you're just trying to change your own legal situation and no one else's; Legal Document Assistants can help you properly fill out and file the necessary forms.

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    Don't get caught in rising litigation costs!

    Posted 10:20 AM October 21, 2009

    New legislation is increasing court fees in order to assist those unable to afford an attorney get the legal services they need. But what if you could skip hiring an attorney altogether? Wouldn't that help cut litigation costs? Legal Document Assistants are here to do just that... cut your expenses! In an unstable economic climate, everyone is looking to cut back. People are picking and choosing very carefully where there money is getting spent. They've stopped eating out every night of the week, cutting back on movie tickets, and some have even stopped going to the mall! However, I am here to tell you that giving up your right to settle legal disputes in a court of law cannot be a "cut back" area. Whether you need to create a will, get a divorce, settle a custody dispute, get a restraining order, fight an eviction notice, or even just to settle a debt someone owes you; you can still pursue your right!
    Most areas of the law in California are form based. That means that with some help from a Legal Document Assistant (LDA), you can fill the forms out, make your arguments, file them and let the court decide WITHOUT the aide of an attorney. The courts are there for individuals, not attorneys. Attorneys can help when the legal situation your in no longer fits on a form. But for all the actions I mentioned above and a lot of other areas, the court has already told you what it needs to make its decision through pre-made forms issued by the judicial council (all listed for FREE on its website!). And you don't need an attorney to give the court what it wants to decide your case

    All right, so I told you I was going to help you cut costs. Let's look at some numbers. Let's say you get served with divorce papers. You take them to an attorney, they evaluate your situation, take on your case, and ask for a retainer. Generally, this can be anywhere from $1,000 - $5,000, not including court fees. Then they go to the judicial council's website, download the forms, fill them out and file them with the court. Then they take their fees out of the retainer and keep the rest of the money in case they need to do any additional work for you. 

    Now, the LDA way: You get served with divorce papers, you bring those papers to us, we ask you a few questions, place your answers in the box, file the paper work and/or give it back to you to file on your own. The cost? Generally $250-$300, not including the court fees. Then, if something happens in your case that you cannot handle on your own (very unlikely in family court), you can always hire an attorney at that point. But if your case gets decided by a judge after you've filed with the court what it has asked of you, you've only spent the initial $300! Wow! Talk about a money-saver!

    If you'd like more information on how we can help, check out our website or call A Piece of Mind at 619-206-4701 today!

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    Free Legal Research Tools

    Posted 11:35 AM October 19, 2009

    Legal Document Assistants cannot help you with the law surrounding your case. But if you have access to a computer or a local library, then you can read the law for yourself. The average person may not know where to start, but once you're into the pages, there are always references to other resources as well as packets derived by the courts containing all the information you need to represent yourself.
    Still too afraid to go it alone? The law is not as complicated as attorneys like to make it out to be (otherwise they'd be out of a job, right?) Often, people know what their legal problem is, just not how to solve it. But knowing the problem IS half the battle.
    For example:
    You want to get a divorce. How do you do it? Start with the problem to determine the area of law you need to research. Dissolution of marriage (divorce) is family law. How did I come to this conclusion?
    When you got married, you promised to be legally bound to another person. And with or without children, this is a family, right?
    Now, go to the local law library, ask the research assistants where the family law section is and start reading the index of the Practice Guides to search for your particular legal issue. Once you find the language that best matches your problem, go to that section to get all the steps you need to take and whether or not there are forms to help you solve your problem.
    This is where Legal Document Assistants can come in handy. Once you've found the forms that you need, you have to properly fill them out. Pre-made legal forms can still be confusing to the average person. Improperly filed and filled out paperwork is one of the biggest issues leading to a consumer needing the assistance of an attorney for uncontested cases. If you can fill and file everything correctly and on time the first time, then you likely won't have to spend the money on an attorney to help you fix the mistakes found by the clerks office. And believe me, if there are mistakes, the clerks will find them and send your paperwork back.

    So, what's the point of all this? Do it yourself! Research Assistants at the law library are free. http://www.aldap.com/research.htm - another free research tool you can access from the comfort of your own home.
    Once you know what you need to do, Legal Document Assistants can help you do the rest AND do it right.

    Contact A Piece of Mind
    2720 5th Ave., Suite I
    San Diego, CA 92103
    (619) 206-4701
    www.apieceofmind.net
    For more information on how you can navigate the legal system on your own.
    A Piece of Mind staff members are NOT attorneys and CANNOT give legal advice.
    A Piece of Mind is registered with San Diego County, license #72, exp. 9/27/2009.

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