Can I play music on my podcast under the fair use rule?

Previously, I covered the question “Why can’t I play music on my podcast?”

Today, I just want to clear up another misnomer that I hear often, which is “Fair Use.” It will usually be in the form of “It’s okay if I only play 15 or 20 seconds of a song, right?”

Now again, before we get into this delicate question, let me start this answer with this legally important statement.

I am not a lawyer. I do not offer legal advice. The information I provide here should not be construed as legal advice. I only offer this as my perspective on this topic. If you really want to know the legal side of this problem, I urge you to find a qualified attorney in your area.

Okay, now that it’s been covered, let me get back to the question, “Can I play music according to the fair use rules?”

This is a term where you are allowed to play a limited amount of copyrighted music without the specific permissions of the copyright holders. But this is a vague rule and is often interpreted on an individual basis. You will not know for sure whether or not what you are doing is legal until AFTER you are taken to court and a judge rules on your individual case.

Yes, it’s that vague …

Simply put, there are a few factors that will work in your favor …

One is if you are doing a review of some kind. Let’s say your podcast reviews the latest music releases or something. It’s probably okay to play a short (and I mean very short) piece of music for discussion. Let’s say a drum solo in the middle of the song. Something like this “might be nice.” Look – I said “could.” Not that it’s okay.

If you take it to court, if this is all the copyright holder has on you, you will probably be fine. But then you have to look at the cost involved just to get approved to play that little 20-30 second clip of music. It would probably have been cheaper to buy the copyright. I mean, attorneys and legal fees, time involved. Travel, bowel movements, etc.

“Well brother Bob, I’m just a little podcaster and I don’t have many people following me. Surely, they won’t waste time chasing me, right?”

When you start out, you may only have a handful of followers. But there isn’t any podcaster that I know of who doesn’t follow their download numbers and is always waiting for more. What if, six months from now, your podcast goes viral?

Each subscriber has access to all of its episodes. If one of them turns out to be one of the music artists on your podcast, they might decide to see if you’re really paying your royalty fee. They earned it. It is part of your income. You are legally obligated to pay it.

In this example, because of the number of shocks you have now received, the court “could” hold you liable for the damages. How much? (Again, in my best lawyer voice … that depends …).

If you are a private, non-commercial podcaster who actually acted in good faith and did not try to market the song, flag the song, etc. You could only be fined $ 500. But, go up from there!

If you were using it for a business endeavor, as part of your training program, etc., the fines could be up to $ 150,000 or more.

And let me add, that’s $ 150,000 PER SONG!

In some cases, the courts have determined that there is a fine PER EPISODE in which the song is played.

Now, I’ll just use my podcast “The Kingdom Cross Roads Podcast”, as an example. For the record, I use music that I have rights to. But, let’s say I picked a song from one of my favorite bands and used a short 30 second clip on the blink. There are two uses in each episode. I have over 900 episodes. That’s 1,800 uses.

Even with a $ 500 per use fine, (the lower end of the penalty spectrum), I would be seeking $ 900,000 in fines if I was found guilty of willfully violating copyright and royalty laws. I am not saying that this is the fine you would receive. But this is the amount I could face if I was taken to court and found guilty of willfully breaking the law.

That is why, for my podcast training clients, I emphasize how important it is to purchase the rights to use the music when creating your intros and outro. Or to use “Royalty Free Music”, which is doing the same through the platforms that provide that music. KEEP LICENSES on file! Just in case.

My best advice is to just follow the law, spend the money to buy the rights up front, and you’ll be fine.

5 common mistakes to avoid when hiring an immigration attorney

Relocating to a new country involves many complications. This process requires a lot of paperwork. If you don’t make the right decision or go through the process without the help of a professional, you can end up wasting a lot of time. In this article, we are going to talk about some common mistakes that most people make when hiring an immigration attorney. If you avoid these errors, you can go through the process without much difficulty.

Lack of specialization

Before choosing an attorney, be sure to consider only specialists. These professionals are quite knowledgeable about immigration law. Although the other attorneys can also help you with this matter, we do not recommend them as they are not experts in this department.

So what you need to do is choose a professional who specializes in immigration-related matters. These professionals have the time and experience to complete the process.

Make a choice without comparing

It is best to compare the services of at least 4 to 5 immigration attorneys before making a decision. You may want to create a short list of many professionals and then book appointments with each one. During the interviews, you can get a pretty good idea of ​​the professional’s level of experience and demeanor.

If the attorney asks all your questions without frowning, know that there may be a good choice. But if they don’t seem to be adequately answering your questions, you may want to continue your search.

Failing to consult multiple attorneys

Some immigration attorneys provide a free initial consultation. During this consultation, you can get a deeper insight into the attorney’s service. Therefore, we suggest that you take this opportunity and ask the right questions during your appointment.

Not being able to calculate the total cost

If you are going to emigrate to another country, you have to be resourceful. Depending on the petition request or the type of immigration, you must calculate the total cost. This will include all paperwork, attorney’s fees, and other expenses.

Before hiring an immigration attorney, you may want to make a list of all possible expenses throughout the process. Since it can take several months for your application to be approved, you may want to be patient and work with your attorney.

Not following up with your attorney

Lastly, you may want to keep in touch with your immigration attorney for regular updates. Your attorney may have some important questions to ask. Therefore, you must respond to their calls and provide answers to the questions that are asked. In other words, you may want to be forthcoming and follow best practices to make sure your application is accepted.

In a nutshell, this was an introduction to some common mistakes many immigrants make when hiring the services of a professional immigration attorney. Hopefully this will help you avoid these mistakes and go through the process successfully.

Frequently asked questions about mobile phone tower leasing

Q: Who are the carriers that could probably present me with a cell tower lease to negotiate on my property?

TO: Generally, the wireless service provider will not directly present a cell tower lease to you. One of your real estate or wireless site acquisition managers will usually contact you first to assess your level of interest. You want to make sure before entering into a cell tower lease with any of the operating wireless service providers (ATT, Sprint-Nextel, US Cellular, Metro PCS, ClearWire, Verizon Wireless, Alltel, T-Mobile) or signing a contract With any of the big tower development or rooftop management companies (AAT, Crown, American Tower, SBA) doing their due diligence, but don’t wait too long.

Also, if you are lucky enough to be contacted by any of these firms, make sure that you or your attorney do not negotiate a cell tower lease. Often times, attorneys start to mark a lease just to get billable hours. If carriers have to waste a lot of time going back and forth, they will move to another site that is willing to do business, and then you will end up looking at the site instead of collecting rent from it.

Q: What should I look for in my cell phone tower lease?

TO: A properly executed cell tower lease should protect your ground space rights, roof space rights, and address the sublet / sublet issues that many cell site owners often waste time. It will also include tax language to protect you from assessments. In addition, it is crucial to properly develop the site (tower height and available ground space) to allow for expansion and placement, which will increase the revenue of the cell tower. All cell tower lease display plans must be completed by a state licensed architectural engineering firm. I could write a list of a dozen things seasoned real estate attorneys regularly miss out on in cell phone tower leases, but then where’s the fun in that?

Q: I don’t know anything about zoning or construction project management, should I bother to have a cell site built on the roof of my building?

TO: Haulers will not select your site if it is not feasible for development from a number of aspects, primarily zoning and a land use perspective. Only enter into a cell tower lease that puts the burden and expense of obtaining permits and approvals on the carrier or tower company, not you, the owner / lessor.

Q: What if cell phone towers become obsolete? What happens then?

TO: Operators are heavily invested in the development of the wireless network. More than 70% of the US population uses cell phones. So if you hear rumors about a balloon, blimp, or satellite being used for cellular technology, don’t be fooled, cell phone towers are here to stay. We also didn’t stop using Sony Walkmans, now they just call them iPods, but people will always want personal music players, and the same applies to personal communication devices.

Q: How long will my cell tower lease last?

TO: When you sign a cell tower lease, the lease term will initially be 5 years with two renewal terms in most cases, and an additional ten years after that. Since no one has a cell tower lease for 35 years so far, we can’t say how long they can be extended, but let’s assume your cell site leases will be extended as long as you own the site and the people do it. need. talk to each other on wireless devices.

Q: How much can you get for your cell tower lease?

TO: Isn’t that always the big question … And our answer is that it depends on how much they need your site and where it is located? The closer to the heart of a major metropolitan area, the greater the demand for wireless coverage and capacity – and the more you can get. Rooftop sites vary from land leases. For example, in Columbus, Ohio, you might get $ 1,100 per month each for three haulers on your rooftop for a total of $ 3,300 per month. Whereas if you had a cell tower on your property in the same city, you could get $ 1,200 for the first carrier to build the tower, and additional carriers would pay rent to the first carrier to be located on your pole, and then each pays you $ 900 for space rights on the land, or a total of $ 3,000 per month.

Q: Shouldn’t my lawyer be able to guide us?

TO: Leasing a cell tower is a very complex and specialized contract that leans heavily in favor of the cell phone operator. But think about it, it has to be this way. Getting a cell phone tower built on your property is like Donald Trump saying, “I’d like to have a small portion of your ground space, and I’m going to build a structure on your property that will cost hundreds of thousands of dollars in MY expense, and potentially it can bring you between $ 1 and 2 million in rental income over a 25-30 year period if we can develop it properly. But I will only do this if the contract protects my investment. And if I don’t like you, no hard feelings , the neighbor has 2,000 square feet of space and could use the retirement money. “

Now nothing against Mr. Trump, because he is an icon of success, but if you were to sign a deal with him, would you use an average lawyer or hire a top lawyer? And that’s where we find a talent shortage in the market. Those who can afford it hire a cell phone tower leasing attorney, those who can’t keep their fingers crossed and hope to get a good deal.

This is why developing and leasing cell phone towers on your own is a challenge and why homeowners who can find a partner to work with are well served in both the short and long term.

Q: How can I get a cell tower lease for a tower on my property or antennas placed on our roof?

TO: Having an uncle working in the real estate department at one of the carriers is your best option. If that’s not an option, submitting your site to the operators directly gives you roughly a 1 in 1,000 to 1 in 10,000 chance for site selection.

Here’s our insider secret to getting a cell phone operator interested in your site, revealed for the first time anywhere. First, pray to the radio frequency gods. Then print a dozen 18 x 24-inch “bandit posters” on your property that say in bold “I want a cell phone tower on my property.” Your neighbors are likely to steal them, but keep them posted on your property in a conspicuous area. If a site acquisition consultant drives that way, you should get a call.

Last question … (Extra credit)

Q: What is the difference when signing a cell tower lease at $ 2,000 per month with annual increases of 2% vs. the same monthly rent amount with anticipated 3% increases over a 25-year cell tower lease period?

TO: The difference is $ 132,000 over 25 years. WOOF !! Are you happy or are you kicking yourself?

How to choose the right lawyer for your business

Sooner or later, all businesses will need legal representation. An attorney can be a great asset to your business or become an expensive item. Why is this then? This actually depends on the choice of an attorney. Hiring the wrong attorney can be very costly for your business and is something to avoid. However, the hiring process is very intimidating, especially if the company does not know what it is looking for. How to choose the right lawyer for your business? Here are some tips that can guide you through this process.

Discover the ideal time to hire an attorney

This is different for every business. Generally speaking, it is best to establish this relationship as soon as possible and not wait until you need the services of an attorney to find one. This gives you plenty of time to do your research, ask different attorneys about their fees and services, and do an initial consultation to see if you are comfortable.

Focus on the type of attorney you need

Most business attorneys have the training and skills necessary to address training needs. This includes creating an LLC or corporation, drafting business contractors, or even creating a partnership. But, if you only need to know about tax law or want to obtain a trademark, it is best to hire an attorney who specializes in these areas. If you are looking for a long-term general attorney for your company, you can find a good business attorney. Later, they can also put you in touch with specialists when necessary.

Find a lawyer who understands your niche

Sure, you need a business lawyer, but if you have no idea how your business or industry works, you will face several communication challenges. This is especially true in situations where the industry is highly specialized and regulated because you don’t want to make legal mistakes. Even if they don’t have the knowledge, hire an attorney who is willing to learn and willing to make the effort to understand your market or niche.

Select a lawyer who brings other resources

Good legal services are not cheap. So you want to get the most out of your investment. It is recommended that you hire a business attorney who can provide other resources. How can you realize that? Check to see if the attorney you are considering is a member of trade associations or other groups that may benefit you. Do they have a network of attorneys and professionals that they can refer you to when you need specialized services? Are they willing to introduce themselves to potential clients, other clients, and strategic partners? Get detailed answers because they can help you make the right decision.

Make sure you understand their fee structure

You should not be nervous or afraid to discuss any possible fees with your attorney. Whether you are a small startup or a large company, you need to plan for your legal costs. Traditionally, lawyers charged by the hour for their services, but now many of them have chosen to quote fixed prices for a service. However, the most common approach is a combination of fixed and hourly billing. You should discuss your preferred arrangement with the attorney and be honest about your expectations to avoid problems in the future.

As long as you consider these tips, you will be able to select the best attorney from the crowd to handle all the legal aspects of your business.

Five things to consider when choosing the right attorney

Finding a legal professional to take care of your private and sometimes emotional matters can be a daunting task. It seems that the moment we need an attorney the most, the less likely we are in the mood to seek one. So how should you classify the combination of recommendations and names that are presented to you when the situation presents itself and should you decide on legal representation for one reason or another?

Investigate. Investigate. Investigate. Is the attorney you are considering up to date with the state bar in which representation is required? Have you been sanctioned or reprimanded for ethical or other violations? This information is generally a public record with your state’s board of professional responsibility or on the state bar association website. Are you involved in a legal problem of your own that may affect or complicate your ability to represent you? Sometimes simply Googling the person will reveal more than you think.

References. Talk to previous and / or current clients of the prospective attorney to determine if they have had a good experience. Does individual return calls promptly? Is the lawyer someone they would use again? Did you feel that the attorney’s fees were commensurate with the services rendered? If applicable, was the result favorable?

Cost. What and how does the lawyer charge the fees? One of the most important considerations when deciding on legal counsel is the cost of the attorney’s services. Attorneys’ fees can be very expensive and can quickly add to long and complex legal problems. Depending on your type of legal problem, an attorney may charge a flat fee, a prepaid advance fee from which future billing is drawn, an hourly rate, or a contingency fee, which is when the attorney is paid. a percentage of what you recover from your case. With a contingency fee, if you recover nothing, the attorney does not receive a fee. Please note that even if you do not recover, you will still be responsible for costs other than attorney’s fees, such as court costs or other costs associated with your legal issue.

Expertise. Does the attorney you are considering focus its practice on the area of ​​law you are looking for? Attorneys may advertise that they work in certain areas of the law, but they may not have worked in many cases in that specific area of ​​the law. For example, if you are considering hiring an attorney to handle a car accident case, ask how many other car accident cases they have handled. Ask how many of those cases were decided in favor of the attorney’s client. You may know an attorney who has practiced for decades who advertises that he or she works on will and probate matters, as well as personal injury. But find out how many wills they have drawn up. Do you just dabble in that area from time to time or is it a true area of ​​your practice? Most attorneys have a couple of areas in which they focus their practice. They may, from time to time, handle a legal matter outside of those areas. So be sure to hire someone who knows the area of ​​the law and is up to date with the most up-to-date laws.

Appeals. If you are looking for a lawyer for any legal problem involving a court proceeding, there is always the possibility of an appeal. Ask about the likelihood of appeal on your particular matter. Ask if this attorney handles appeals as not all attorneys do. If the attorney handles appeals, ask about the different costs associated with an appeal. Ask about the timeline for an appeal. If you are looking for an attorney to handle a legal matter that could potentially come up on appeal, it is better to have that same person work the case from start to finish than to have a new attorney in the middle. This consideration up front will save you time, money, and frustration down the road.

When you choose a lawyer, you are making an investment, not only financial, but also an investment of your time. You must be well informed and use all available resources when making this important decision.

A personal injury attorney explains how to get the most out of an initial meeting

If you’ve been seriously injured in a car accident or other major accident caused by someone else, it makes sense to take advantage of the free consultation offered by most personal injury attorneys.

Find out what you need for an initial consultation

When you call to book the appointment, find out who you will be meeting with. Will you meet a lawyer? A paralegal? How long will the meeting last? Initial consultations in our office last between 1 and 2 hours. You will want to make sure you have enough time so that you are not in a rush and so that the attorney can take a proper history.

Find out what you need to bring to the meeting at the attorney’s office. The more information you have ready for the attorney, the better and more specific the advice you will receive at the initial consultation. We ask our clients to bring the police report with them; any medical history they have; the names and contact information of witnesses; any picture; any correspondence to or from any insurance company.

Be ready to tell your story

At the meeting, you should be prepared to tell the attorney how the accident happened. Make sure you have checked the street names and other details to the best of your ability, so that the attorney can understand the accident very clearly. A clear understanding of how the accident happened is required before the attorney can understand how strong your case is on liability. (Liability means who is responsible for the accident).

The attorney will want to know your lifestyle prior to the accident

If you can, you should be able to explain your pre-accident history to the attorney. Ideally, you will bring a resume or employment history to the attorney. You should also be able to describe your pre-accident medical history, including any pre-existing conditions. Most pre-existing conditions do not harm a car accident case unless they are not disclosed.

Ask for the rates

Most attorneys will explain the proposed fee structure to you at the initial meeting, although some attorneys may not discuss fees or an advance unless the potential client requests the information. If you are considering hiring an attorney, it is a good idea to ask questions about the advance in the initial consultation so there are no surprises later on.

Don’t be pressured to sign

However, you shouldn’t feel pressured at all to “sign up” for the initial meeting. Even if you are presented with an advance contract at the meeting, you should feel comfortable taking it with you and reading it at home before committing. For many people, this will be one of the most important contracts they will ever sign. It is very important to consider it carefully.

Open Letter to Entrepreneurs: 5 Ways to Sell More Using a Copywriter

When I tell people that I am a copywriter, I sometimes have a glassy look. “What kind of writer?” Or better yet, “A COPYRIGHT? Are you some kind of lawyer?” They just don’t understand how a copywriter can help them. So here’s the scoop. Basically, we are salespeople with the time and experience to make you look good on paper.

Sure, you can write your own copy … if you can find time in your hectic schedule. (Hopefully it sounds professional). Maybe you’re nervous about letting someone else create content that represents you. That’s understandable, but you have to get over it. You are never going to make money with products that only exist in your head.

Are you worried that your copywriter has no writing experience in your field? Do not be. This is why. Good writers do their research. They jump in and study all the materials that have been written about their business. They check what their competitors are doing and how well their tactics are working. They understand your target market. Additionally, copywriters are trained in proven techniques that entice people to remove plastic.

Here are five specific ways any entrepreneur can use a copywriter to package their products, get to market faster, and start making money.


Your home page or index page is the most important on your site for two reasons. First, it is your welcome mat. Explain what the visitor will find on your site. Hopefully there is enough information to entice you to stay and visit other pages on your site. Second, the home page carries the most weight in search engines. A good copywriter can strategically spread keywords that get your message across, and at the same time rank your page higher in search engines.


A quality sales letter prompts an interested customer to keep reading. It’s not strong enough and the potential customer keeps browsing. Overdo it and you will get the same result. There is a definite art to writing a successful sales letter. This area should be left to professional copywriters. (Side note: It’s surprising to me that people spend a ton of money on website design or graphics, but are reluctant to hire someone to tweak their message. Copying * conveys * what it’s all about. be a no-brainer.)


A copywriter can write them for you if you’re short on time. Articles trigger some things. When people see your name enough times, they come to recognize you (can you say free publicity?) Plus, you become known as an expert in your field. Post them on your website and watch your search engine rankings improve. (Just be sure to provide your name and contact information should remain on any forwarded material. Generally, people are quite cooperative if you just ask.)


E-books (or “e-books”) are fast becoming the print standard. Microsoft projects that within five years, more than 50% of all new books will be in e-book format. Spend some time thinking about your idea. Check online bookstores like to see what’s on the market. Finally, create an outline, some length parameters, hire a copywriter, and become a legitimate author overnight.


One of the best ways to stay in touch with your customers is through an ezine or ezine. These are newsletters that are emailed on a regular basis with valuable information that people will want to read. You can also announce new products, contests, and special promotions. As long as you have provided something of value, people will allow you to market them in this way. But beware. By the time your ezine turns into nothing more than a long ad, you will lose subscribers in droves. Editors can keep their ezine full of fresh content. Suddenly, your time is freed up to promote your services. More importantly, your name will be in front of your subscribers regularly, which builds trust and sales in the future.

PS Check out this resource to rock the headlines. As I said before, I use Robert Boduch’s information constantly. It is literally on my right hand now.

Reasons to contact a motorcycle accident attorney

As motorcycle ownership continues to rise in the United States, so has the number of drivers seriously injured and killed in accidents. The reason? It’s not that motorcyclists are less careful or law-abiding than other drivers. In fact, motorcyclists are much less likely to be involved in collisions than car and truck drivers. Unfortunately, when they are involved, they are almost always injured because motorcycles offer much less protection in a crash than cars.

Legal matters

Because bicyclists are four times more likely to be injured in an accident than drivers, the chances of them needing legal representation are also much higher. That does not mean that a bicyclist can sue because a crash damaged him. The law does not give them special rights because their vehicles offer less protection against serious injury. But when a motorist is negligent and injures a motorcyclist because of it, a lawsuit can be filed against the offending driver.


As most motorcyclists can attest, there is a certain amount of public prejudice against motorcyclists in America. Many drivers see them as reckless entering and exiting the lanes without a care in the world. So when they get hurt in an accident, the level of sympathy can be disappointing. Some motorists may even conclude that they got what they deserved.

An experienced motorcycle accident attorney is well aware of the unfavorable stereotypes that some people have about motorcyclists. As a result, he or she must overcome these biases for a personal injury lawsuit to be successful. In most cases, that means clearly establishing the negligence on the part of the other driver.

Types of recoverable damages

– Medical bills

– Pain and suffering

– Lost wages

– Emotional stress

– Damage to property

– Punitive damages

Why call a lawyer?

As mentioned, there is a big difference between regular car accidents and those involving motorcycles. Like it or not, judges and juries tend to be less sympathetic to motorcyclists than they are to normal drivers, and you better believe that the other driver’s insurance company is aware of that fact. If your client was at fault, they would offer you a deal to settle the case before the attorneys got involved. Don’t be fooled! It is always best to leave all communication in the hands of a motorcycle accident attorney. Why?

Because chronic injuries are expensive, insurance companies always try to settle cases before the full extent of your injuries is known. And if you settle and give up your rights too soon, you may be stuck paying for another driver’s negligence for a long, long time. An experienced motorcycle accident attorney can get you the money you deserve. No matter what the other party says, always consult a legal expert before entering into negotiations with an insurance company.

Top Reasons You Need To Hire A Car Accident Lawyer

Being in a car accident can be a terrifying and devastating experience. Whether your injuries are minor or major, the trauma and anguish of going through such an event can be crippling. Whatever happens, it is essential that you have legal counsel to help you in the event of a car accident. Otherwise, you risk losing your rights and being taken advantage of by the insurance companies and other parties involved in the accident.

As a person injured in a car accident, you are the victim of someone else’s carelessness or circumstances beyond your control, and you really don’t want to be that way again. If you are not seeking qualified legal assistance, this could be a real possibility. When you are involved in a car accident and don’t hire an attorney, you can become a puppet of the undercover tactics of insurance companies and others.

If you assume that auto insurance companies will adhere to the law and will not cross its limits, you are being naive. In reality, these companies often do everything possible to avoid payment. You may be found guilty of an accident you did not cause if another driver makes false claims and the police believe you. An experienced car accident attorney will help you in this situation, ensuring that your rights are protected and that you are harmed again.

Letting insurance companies and law enforcement authorities handle the situation is a troublesome situation. Assuming that they will consider your legal rights is foolish, they will take advantage of you and they will get away with it no matter what. An accident victim may lose the compensation owed to him. A person may be at fault in an accident and face undeserved fines and penalties. Medical care is of the utmost importance after a car accident. The next thing to do before working with any auto insurance company is to hire an experienced and capable attorney. This can provide you with much-needed mental relief. All things aside, whenever you are the victim of a car accident, you should seek legal assistance to avoid being a victim twice.

Auto accident victims need attorneys, and until they hire one, insurance companies know they are dealing with someone who doesn’t know the law as well as they do. In the absence of an attorney, a person who is stressed and dealing with the financial, physical, and emotional consequences of an injury is more likely to accept a settlement that is unfair.

Car and truck accidents can be prevented in many circumstances. If the driver was drunk or intoxicated, this is especially true. Attorneys are familiar with issues related to drunk driving cases. They have done a lot of research and read a lot of reports on alcohol levels and toxicology reports.

Things a car accident attorney can do for you:

• Get paid for your medical bills

• Obtain compensation for your lost wages

• Obtain compensation for a permanent injury

• File a notice of civil appeals

• File a lawsuit

• Attend a follow-up mediation

• Complete an accident investigation, obtain the police report, take pictures of the scene

If you have been involved in a car accident, an accident attorney will be crucial in your case. Unless you are an expert in law, insurance, and negotiation, handling all the things an attorney can do for you will be difficult at best.

Playing hard with professional responsibility with federal agency attorneys

Lawyers for government agencies live in a bubble. They are protected by the same system of corruption, nepotism, waste, fraud, and abuse that causes so much hardship for many federal employees. As long as these lawyers follow the party line, their jobs will be safe; they get nice pensions; and they don’t have to worry much.

While not all government attorneys act this way, the temptation to do so is enormous. Following the agency director, special agent in charge, or some other high-ranking bureaucrat is generally an important key to most federal agency positions, so that of an attorney should be no different.

However, there is a greater authority than that bureaucrat. It sends shockwaves to all Federal Agency attorneys, and in the vast majority of cases, these people are shocked by a new system of authority, something completely bizarre: The Bar. Even Bill Clinton lost his Arkansas attorney license Because the people at the Arkansas Bar Association didn’t care that he only perjured sex.

The vast majority of bar complaints come from disgruntled clients who did not get a good result in the case, for which they blame their attorney. The average attorney in private practice will get some of these in their career. For this reason, private practice attorneys after several years in practice have developed well-developed defensive systems to protect against these complaints.

Agency attorneys do not deal with this system and have no idea about it. As such, they generally do not comply with the rules of Professional Responsibility. The fear of suspension or disqualification can be so great that the Agency attorney may simply not have the stomach for a threat of a bar lawsuit. There is very little reward to the agency attorney for going through one of these bar messes if it can be avoided.

Consider these examples of which the Agency’s attorneys don’t have the first idea, but fully support their bureaucratic bosses:

1. A federal employee has an existing whistleblower claim. To tighten the screws, the Agency says in mediation that if the employee refuses to accept your low ball offer, the Agency will fire the employee for reasons that it already knows to be false. It is unethical for lawyers to defend claims that have no merit. Since the federal employee will file another claim from the Merit Systems Board of Protection against his agency, the agency’s attorney will litigate a claim – a frivolous, legal, and factual claim because his chief bureaucrat ordered him to do so. The bar of your state, does not care about the bubble, that is a violation.

2. A federal employee has an existing legal action for discrimination and is represented by an attorney. The Agency’s attorney executes an order from the chief bureaucrat to send the Removal Proposal letter directly to the employee, without prejudice to the employee being represented by an attorney. In most state bars, that is a violation because the attorney contacted someone that the attorney knew was represented directly. The agency’s attorney had a professional responsibility requirement to communicate with that person’s attorney and did not do so. The bar of your state, does not care about the bubble, that is a violation.

3. Someone from the US State Department orders a US attorney not to release Hillary Clinton’s emails as part of a Freedom of Information Act lawsuit because they will make her look bad. The federal prosecutor agrees. Later, the federal judge discovers that the federal prosecutor was more loyal to the Clintons than to the Rules of Professional Responsibility that an attorney must follow. That lawyer should prepare to become a lobbyist.

Here’s the bottom line: the bubble can’t protect the bad guys from everything.

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