• Having a high priority task can actually lead to procrastination. Some people who believe they work well “under-pressure,” tend to push things until the last minute. Is this a bad thing? No, it’s fairly subjective.

• Folding a photography reflector is really hard, but watching people do it is really fun.

• Ted Kennedy was, quite arguably, the best and most influential senator in American history. The question now: who’s his successor?

• There are two phases in a site assessment. The first involves gathering information, and the second is an invasive (soil and groundwater samples) investigation. It is important to work with an environmental consultant who is willing to communicate with the attorney on a continuous basis and not just when the report is finished, because it’s always wise to see a draft of the report before it’s signed.

• Don’t wear a Red Sox hat and t-shirt to a Yankees game… or better yet, avoid red altogether.

• The Cash-for-Clunkers program (providing a credit from $3,500-$4,500 for anyone who trades in an older car to buy a new, fuel-efficient car) which ended this past Monday was a fairly successful program with about 500,000 applications submitted over the past several weeks.

In today's Legal Tip of the Day, faculty member Irwin Karp talks about the most frequent causes of procrastination. These include the task not a priority, fears of the unknown/failure/success, boredom, disintrest in the topic, perfectionism, waiting until the last minute, a high deadline task, questioning the task, and carelessness.

This clip is from Irwin Karp's "Overcoming Procrastination: How Lawyers Can Kick the Habit"

To conclude my trilogy of blog posts about negotiation styles, here are my Top Seven Characteristics of Conflict Avoiders:
 
1.  Strong need to avoid conflict, especially open conflict
2.  Belief that almost all conflict is unproductive
3.  Extremely uncomfortable with emotional conflict
4.  High skill level at avoiding answering questions
5.  High skill level at avoiding addressing undesirable issues
6.  Rarely will overtly control the agenda
7.  Can appear aloof and uninterested as they rarely engage in negotiations involving conflict
 
If you recognize your counterpart is a conflict avoider, how should you proceed?  First, be patient because it will take more time and effort to fully explore conflict-related issues.  Second, stay focused on your goal because it’s easy to get off track when your counterpart is skillful at avoiding issues.  Finally, aggressively probe their interests.  Find out what your counterpart wants and needs, keeping in mind they may try to hide these if they believe discussing them will lead to conflict.


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

Thinking about starting a small business? Consider forming it under an S Corporation. These can be preferable to an LLC for tax purposes. Under an S Corporation, individuals are only liable for self employment tax on their "reasonable salary." Under an LLC, self employment tax applies a wider category--revenue minuses expenses. Finally, Lawline.com faculty member George Cornell mentions that self employment tax does not apply to passive income like real estate. This clip is from his course "Using LLC's and Other Forms of Asset Protection."

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

Back in 2003 when Arnold Schwarzenegger was being introduced as “the governator,” Jack Balkin had the idea to create a legal blog focusing on constitutional law and related issues with a liberal yet serious  tone. However, after a few years, as more and more contributors joined, Balkinization transformed into a group blog with topics changing according to the authors’ interests.

So what’s so special about this one? It’s all-encompassing. Although it has a more liberal lean, the variety of contributors who give their opinions on current issues and the fact that each post is followed by insightful comments from readers makes it well-balanced.

As for the content, Balkin states, “In the past we've done a lot of work on war on terror and presidential power issues, and a lot about civil liberties and constitutional interpretation. Because there are several political scientists as well as lawyers on the blog we have a fair number of political science discussions, and through Sandy Levinson's influence we have had many posts on constitutional design.”

A law blog with posts and input from non-lawyers? That’s progressive.
Visit the Balkinization blog at http://balkin.blogspot.com/

Former U.S. Senator Edward Kennedy passed away last night, at the age of 77. Diagnosed with brain cancer in May 2008, Kennedy continued to influence Congress despite his condition. In his more than 40 years of service in the United State's Senate, Ted Kennedy touched the lives of countless citizens as well as government officials.

President Obama released a statement saying, "even as he waged a valiant struggle with a mortal illness, I've profited as President from his encouragement and wisdom." Indeed, Kennedy threw large support behind Obama's health reform plans.

Throughout his career, Kennedy proved to be an enthusiastic activist in favor of civil rights and justice. He aroused controversy when he came out in support of abortion rights, despite his Catholic faith.

Ted Kennedy will be buried at Arlington Cemetery, Saturday, near the sites of his two brothers, former President John F. Kennedy and former Senator Robert F. Kennedy.

Copyrights are everywhere. Intellectual Property attorneys David A. Kalow and Tal S. Benschar explain where they come from, what they cover, and what they don't to anyone who is new to the area of intellectual property. This presentation originally appeared in our course, "Intellectual Property for the General Practitioner."

http://www.lawline.com/cle/course-details.php?i=698&course_type=video

Check out some of the latest legal news on the web.

►  A previously anonymously blogger is attempting to sue Google for revealing her identity. [Concurring Opinions] Google, however, was obeying a court order.

►  Courts face difficutly in shutting down file-sharing torrent, Pirate Bay [Wired Online]

►  A Federal Judge in Milwaukee makes an unprecendted move by declaring he will no longer take criminal cases [Wall Street Journal Law Blog]

►  Seattle has rejected a proposal for a tax on plastic bags, despite inital widespred support.  Seattle currently has a tax on paper bags [taxgirl]

      This week on the Legal Beat we’d like to talk about the value of empowering employees when serving clients and/or customers.   Some managers or supervisors give employees as little power as possible in fear that the employee may use it carelessly or potentially take advantage of it.  This fear is not unfounded, but it is sometimes worse for the company if their customers hear phrases like “I’m not authorized to do this.” 
        When an employee is restricted in making individual decisions that pertain to customers, he or she is likely to follow the rules.  The employee is doing the right thing on his or her part, but customers don’t care whether that employee is following the rules designated by his or her supervisor.  They want their questions to be answered, and problems to be solved quickly.  Having to run through many chains of command annoys customers and will often turn them away.  When employees are empowered enough to make decisions, the experience of the customer will flow more smoothly, and he or she will be likely to return for the product or service at another time.

Here are some tips on empowering your employees:

1)    Educate Employees
The more employees know, the better decisions they will make.   Make sure that they are updated with the latest information, whether it is about clients or one of your products.  Also make sure they know

2)    Common Vision
Every company or firm should have a vision.  Employees should know what this vision is.  Being familiar with it will help them make decisions that are consistent with the goals and visions of the organization.

3)    Record Common Problems
When common questions are asked or common problems keep coming up, responsibilities may have to be extended to employees.  If this is necessary, it should be done, especially if issues are reoccurring.  Maintaining a record of common problems will make it easier to designate responsibilities and to facilitate operations.

4)    Make It Clear
Make sure employees know the goals behind a particular promotion, or project.  Let them know how much room they have for either negotiating, or for making decisions.   This way they will feel more confident in their decisions and better serve clients and customers.

1. When negotiating, get the negotiator to state his or her price/position first, and then give an educated counter-offer.

2. Don’t buy your judge an expensive bottle of wine before a trial… totally not ethical.

3. “Push-ups are better than coffee!”

4. A poker chip is a completely viable option for a business card.

5. An unprepared witness can ramble, leading them to give more information to the opposing counsel than necessary.

6. Shooting yourself in the leg can get worse… not all sports superstars get off easy (http://www.nytimes.com/2009/08/21/nyregion/21burress.html).

7. A Myers-Briggs Type Indicator (MBTI) assessment measures psychological preferences in how you perceive the world and make decisions; heavy stuff but certainly useful.

8. When trying to get information from someone, never interrupt, ask open-ended (non-yes or no) questions, avoid offering options in my questions, and ask one question at a time.

9. HD cameras have a mind of their own. That or I should probably read the owner’s manual.

10. String cheese is making a come-back (at Lawline at least).

11. The U.S. Court of Appeals for the Second Circuit only has jurisdiction is New York, Vermont and Connecticut and is just one of thirteen U.S. Court of Appeals.

12. After patents expire, the product is up for grabs to the public unless the terms of the patent are extended.

13. Subway etiquette is a very touchy subject.

14. Drafting a will with a lawyer’s presence is a safer bet than a home-made will. The last thing you want is for the will to be considered invalid.

Esteemed Lawline faculty member Benjamin Brafman appeared in court Thursday with his defendant Plaxico Burress, former receiver for the New York Giants. Burress was indicted by the New York State Supreme Court for weapons charges earlier this month for an incident that occurred in November.

Burress accidentally shot himself in the leg at a Latin nightclub when a gun tucked into his waistband fell and fired, missing a nearby security guard. Burress did not register the gun in New York or New Jersey, where he lives, and his only license to carry a concealed weapon existed with the state of Florida and expired in May 2008.

Prosecutors did not charge Giants linebacker Antonio Pierce, who carried the gun from the nightclub, to his own home, and back to Burress after the November incident, nor did they prosecute the hospital staff for failing to report the gunshot wound or the security guard who carried the gun to Burress's car.
  
Months of attempted negotiations between Burress's attorney Benjamin Brafman and the Manhattan district attorney's office left both sides doubtful that a plea bargain would be reached. While DA Robert Morganthau claimed that the charges were serious and insisted upon at least a two-year jail sentence, Brafman stated "This was not an intentional criminal act. In my judgment, a two-year prison sentence is a very severe punishment."

But surprisingly enough, before his Thursday court appearance, Burress agreed to the plea. He admitted guilty to one count of attempted criminal possession of a weapon with a two-year sentence. With good behavior, it is likely that Burress will be out in 20 months.

However, this does not mean that his football career will be saved. He was released from the Giants in April and has yet to sign up with another team. Moreover, NFL commissioner Roger Goodell could ban Burress as a disciplinary measure.

In today's Lawline.com legal tip of the day, faculty member Amy Goldsmith talks about the difference between patent laws and trade secrets. Specifically, she goes into what happens with utlity patents after they expire, using the example of "generic drugs" after formerly being a patented drugs.

This clip is from Amy Goldsmith's "Overview of Patent and Trade Secrets"

As a follow-up to last week’s blog about preferred negotiation styles in which I identified three broad categories of styles (competitors, accommodators and conflict avoiders) and shared a list of competitor characteristics, here are my Top Ten Characteristics of Accommodators:
 
1.  Highly value good relationships
2.  Love to be liked and are often quite likeable
3.  Attitude reflects concern, compassion and understanding
4.  Fairly accurately show nonjudgmental understanding of others’ concerns
5.  Very effective listening skills
6.  Tend to be viewed as trustworthy, due in part to their superior listening skills
7.  Dislike open conflict, especially when it might harm the relationship
8.  Extended conflicts make them uncomfortable, and they will try to smooth them over
9.  Typical relationships lack open conflict
10.  Adept at creating stress-free atmospheres
 
Accommodators also can allow relationship concerns to overshadow substantive issues.  A very high profile accommodator is former President Bill Clinton.
 
Are you more of an accommodator than a competitor?  If so, keep this in mind when you negotiate and recognize that sometimes you will be better served by taking a different approach.  For example, adjust your negotiation preparation and approach if your counterpart is an aggressive competitor.


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

In today's Legal Tip of the Day, faculty member Rick Supple talks about ethical issues in the litigation process. He specifically explains the appropriate behavior when dealing with judges. This includes no false or scandalous statements to the public, no objects of value offered to the judge and his staff, and no ex-party communication.

This clip is from Hal Lieberman and Rick Supple's "Ethical Issues in the Litigation Process"

In our continuing effort to recognize some of the most notable legal blogs on the web, we bring you this week’s Featured Blog.

At times, reading law blogs can be a bit weighty and academic for lawyers and non-lawyers, alike. But recently, I stumbled across a blog that not only focused on pertinent civil rights issues, but also explained them in a smart, concise manner.

The blog I refer to is “Wait a Second!” by the law firm of Bergstein & Ullrich, LLP. Its main focus is the United States Court of Appeals for the Second Circuit because of the fascinating nature of Federal appellate decisions.

Blog creator and self-proclaimed “Second Circuit case law junkie” Stephen Bergstein started the blog in July 2007 with a post about the First Amendment case Husain v. Springer. He was intrigued by the dissenting opinion of the conservative Second Circuit judge, Judge Jacobs, who deemed the act of even reading the case’s majority opinion a waste of time.

As for Bergstein’s reason to blog about such cases? “Second Circuit decisions often have very interesting asides from the judges which no one other than the case law junkies even knows about. I thought that someone should be publicizing cases like this.”

Visit the Wait a Second! blog at http://secondcircuitcivilrights.blogspot.com/

            Lawline.com values customer service to the fullest extent.   We take pride in our customer service and in our ambition to continuously improve the “customer experience.”  Everyone has something to learn from the concepts that comprise customer service, regardless of whether you work for a company that is directly servicing many customers every day.   In some way or form, 99% of jobs can relate to customer, or client service.  We’re all communicating, and working for each other.  Customer service concepts can be applied in many different situations, and at Lawline.com we want to facilitate the sharing of such ideas and strategies.
             For this reason, we are implementing a weekly blog series that talks about improving client relations and experience.   Every week we will provide tips for attorneys, and all others, that will help communications in any setting.   As customer Service expert John DiJulius often says, there is a growing Customer Service Revolution,  it is important that we all take part in it if we want to succeed in the business world.

               Today’s blog is on accessibility.  If you’re looking to sell a service or product, you have to be accessible to both potential buyers and previous buyers. 
                   For attorneys, when there is a potential client trying to contact you, it should be easy for him or her to get information about you and your company and to eventually speak with you.  Direct connection is important-- If you’re inaccessible in general, potential clients may assume that you will also be inaccessible throughout the course of the case.  The same holds true for other products and services, if a potential customer is trying to reach you to find out information about the product, you need to get back to that person right away.   This assures the customers that they can rely on you if they need support later on in the relationship.
                What can you do to stay accessible to customers?  Offer multiple ways to be contacted.  Phone, e-mail, website, etc.  Set a deadline for you and your team in regards to responding to both phone calls and e-mails.  In after business hours, set up a messaging service that e-mails you the messages left for the company.  If you or one of your team members has time, you can call them back, or even e-mail easily.   And if you have a Blackberry or Smartphone, you should definitely have those e-mails forwarded to you, so you can respond from anywhere with convienence.

In today's Legal Tip of the Day, faculty member Diane Steiner explains the common mistakes made by witnesses during matrimonial case depositions. The witness can be unprepared, leading them to ramble on and give too much information or they can be flat out lying, creating a theme for the opposing counsel.

This clip is from Diane Steiner and Elaine Lewis's "Matrimonial Depositions and Witness Preparation"

This week JetBlue announced the “All-You-Can-Jet Pass,” an unprecedented approach for airlines, which gives customers the ability to fly as much as they want for an entire month for just $599.  Pass holders can fly to and from any of fifty-seven flights, and six hundred daily flights. 

It is obvious that the deal is great for anyone who is traveling more than one time in the month.  But the significance of giving Unlimited Service is much greater than just getting a deal.  Lawline.com, like JetBlue, decided a few months ago to give customers an unlimited option.  Results so far have been great, with happy customers, and a successful business model.
Why is Unlimited Service Great?  Today’s Friday Five will tell you why

1) Give Power to the Customer:  In today's market, the power belongs in the hands of the customer.   Giving unlimited service is also giving power.  Customers feel more comfortable with a product or service when they are given more power.

2) Flexibility and Freedom: When someone is purchasing something from you,  or using a service, that person should not feel restricted.  Many options exist in today’s world for any product or service; you have to be sensitive to the needs of the individual.  Jet Blue offers those customers who already purchased for travel within that period to upgrade to Unlimited.  Similarly, Lawline.com encourages customers to upgrade their accounts to Unlimited CLE, as it provides them with more access and freedom.

3) Loyal Customers:  Offering Unlimited Service attracts new customers that may have not tried your product/service otherwise.  Treat the customer the right way, and they’re sure to remain loyal to you.

4) Exposure:  Since the announcement, there have been over ten million mentions of the JetBlue brand on blogs and other sources on the web.  Jet Blue is also one of the top trending topics on Twitter.   Not only is JetBlue receiving a lot of exposure, but it’s being associated with all things positive—good customer service, innovative thinking, fueling the economy, etc.

5) Create Frenzy Where It Didn’t Exist Before:  Everyone is talking about JetBlue’s endeavor.  Word of mouth advertising works….and there’s plenty of that going on right now.  Furthermore, EConsultancy.com reports that September is normally not a popular month for flying…..now, thanks to JetBlue, it very well could be.  They’re getting people on flights, and stimulating monetary exchange -- whether it is on the plane, in the airport, using cab services, staying at hotels in different cities, etc. 

Click here to read about JetBlue's Unlimited "All-You-Can-Jet-Pass"

To find our more information about Unlimited CLE from Lawline.com click here or contact support@lawline.com

Last September, Lawline.com reported that a record number of attorneys were viewing, and requesting additional, courses on bankruptcy.   An obvious correlation existed between the financial crisis brewing on Wall Street and the interest of attorneys (among others) in the subject.

Now, there is more evidence of relevancy of bankruptcy issues.  The Blog of Legal Times reported this week that bankruptcy filings have rose over 35% in the previous year ending June 30th.  The filings were pretty evenly distributed in all areas, with business filings going up to 63% and individual up to 34%.

Analysts expect that the increase in bankruptcy rates among Americans will cause Congress to further restructure bankruptcy laws, thereby making it more difficult for a party to file for bankruptcy.   Many people file simply to avoid their debts, and many loop-holes exist.

Additionally, USA Today predicts that the number of individual Americans who file bankruptcy can potentially hit 1.4 million by the end of the year.

To stay educated on bankruptcy laws and issues, check out our courses available.

In today's Lawline.com Legal Tip of the Day, faculty member Phil Kleiner talks about what to look for in a passport when interviewing the potential immigration client. This includes the type of visa, date of issue and other requirements for it to be considered valid.

This clip is from Phil Kleiner's "Interviewing the Potential Immigration Client"

One important aspect of negotiating is to understand your and your counterpart’s preferred negotiation styles.  I have found it helpful to categorize negotiator styles into three broad categories:  a) competitors, b) accommodators and c) conflict avoiders.  Of course, these categories describe general tendencies which can change depending on the context and the self-awareness of the individual.  Which is your preferred style?  To get you to think about it, here are my Top Ten Characteristics of Competitors:

1.  High comfort level with conflict and competition
2.  Enjoy debating substantive issues
3.  Not great listeners, due at times to significant egos
4.  Direct, sometimes adversarial tone, words and body language
5.  Relatively impatient and aggressive in their offers and concessions
6.  Enjoy openly controlling and framing issues
7.  Strong desire to win and not lose
8.  Enthusiastic attitude toward negotiations
9.  Style can appear stubborn, arrogant and/or untrustworthy
10.  Often at ease with risk and pressurized environments

Competitors are also comfortable using relatively risky leverage tactics like walkouts, threats, ultimatums, bluffing and other ways to focus the parties on leverage and other power elements in a negotiation.  Examples of negotiators with a competitive reputation include Donald Trump and White House Chief of Staff Rahm Emanuel.

Does this describe you?  If so, consider when this approach works best and when you may be better served by resisting your natural tendencies and taking a different approach.  Also, if your counterpart is a competitor, adjust your negotiation preparation accordingly.

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.

    Gerald Shargel, prominent defense attorney and Lawline.com faculty member, has made news headlines again.  This time he is defending another famous New York attorney, Robert Simels.   Simels, who has defended clients in many high profile cases, is facing charges of witness tampering and obstruction of justice.  

    Apparent evidence has surfaced of Simels making several references to bribing and threatening witnesses, using heavy vocabulary such as “killing” witnesses.  Simels has said that such language is simply legal jargon, and does not contain any seriousness.  Simels also said that in the recorded conversations of him talking to a government informant, he was attempting to maintain a relationship and flatter the individual, not bribe or invoke fear.
    The ten day trial ended this week.

In today's Legal Tip of the Day, faculty member Erica Dubno defines "defamation" with six basic requirements. She also introduces the
problems associated with online publishing, third party viewers, and the anonymity of posters on the internet.

This clip is from Herald Price Fahringer and Erica Dubno's "The First Amendment: Defamation on the Internet"

In today's Lawline.com Legal Tip of the Day, faculty member Mary Noe talks about the classification of children with disabilities under the Individual with Disabilities Education Act (IDEA).  In this clip she particularly talks about the initial evaluation that a child must undergo in order to receive disabled status.  The components include psycho-education evaluation, social history, physical evaluation, observation of child and other specific tests for specific disabilities.

Watch the clip for more information.

For more information, visit Mary Noe's course "A Primer on Special Education Law."

Former President Bill Clinton met yesterday with North Korean leader Kim Jung-il seeking the release of two imprisoned American journalists.  Fortunately, he was successful and the journalists have now been reunited with their families in the United States.  In light of Kim Jung-il’s sordid reputation, here are my Top Ten Tactics for Negotiating with the Unethical and Untrustworthy:

1.  Ensure significant negative consequences for any breach by your counterpart, increasing the likelihood they will actually follow through on their commitments

2.  Independently confirm all statements that may provide your counterpart with leverage, especially if they say they have a better alternative (or Plan B) to doing a deal with you

3.  Discount the relevance of statements that cannot be confirmed

4.  Consider recording the negotiation – it’s tough to dispute a recording of statements actually made

5.  Aggressively explore your potential alternatives (or Plan Bs)

6.  Be wary of vague and ambiguous statements

7.  Build mechanisms into the agreement that independently ensure each party fulfills its commitments

8.  Understand that such negotiations take more time and effort than others, and recognize this as a cost of dealing with this person or entity

9.  Pay attention to the details and don’t leave ambiguous issues unresolved

10. Consider bringing in an independent third party to help

In addition, define what constitutes a breach of any agreement, provide for a fair and efficient way to resolve disputes that may arise from a potential breach and finally, don’t lower yourself to their level.  Your reputation is far too important to risk!

Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts' proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com.
 

Tolling or Abatement of Statutes in Legal Malpractice
Plaintiff has a right to sue target attorney, and then, for strategic reasons, agrees to put the case aside for the time being.  Plaintiff and target attorney reach a stand-still agreement, but the question of tolling or abatement of  the statute of limitations remains.  How is the statute of limitations calculated in this situation?

In  CMI Capital Mkt. Inv., LLC v Buchanan Ingersoll & Rooney P.C., 2009 NY Slip Op 31708(u) we see Justice Tolub's definitions and answer.  In that case, the statute of limitations was tolled, not abated.  Tolling is the suspension of the running of a statute for a period of time.  Abatement is the ending of the statute, allowing for it to start running again, from the beginning.

An Unexpected Recovery and Legal Malpractice
Defendant hired plaintiff to represent him in a Federal Court law suit over NYC placard holders parking on sidewalks and curbs in front of his commercial establishments, depriving defendant of use of his properties.  He retained plaintiff who started the Federal law suit, and was attorney until a settlement conference.  Defendant's story is that he was so taken aback by the negligence of plaintiff, that he settled the case for $ 2,125,000 against the City.
 
More Definitions and Legal Malpractice
In MICHAEL S. JOHNSON, DONNA DYMKOWSKI, PATRICIA LONG-CORREA, , -against- NEXTEL COMMUNICATIONS, INC.,  LEEDS, MORELLI & BROWN, P.C.,  , which ws reviewed on Friday we see more of a clutch of definitions which are quite useful:

Breach of Contract:  To state a claim of breach of contract, the plaintiff must establish 1) the formation of a contract between the plaintiff and defendant, 2) performance by the plaintiff, 3) failure by the defendant to perform, and 4) resulting damages. Eternity Global Master Fund Ltd. v. Morgan Guar. Trust Co. of N.Y., 375 F.3d 168, 177 (2d Cir. 2004) (citing Harsco Corp. v. Segui, 91 F.3d 337, 348 (2d Cir. 1996); Furia v. Furia, 116 A.D.2d 694, 498 N.Y.S.2d 12, 13 (2nd Dep't 1986).
To state a claim of breach of contract, the plaintiff must establish 1) the formation of a contract between the plaintiff and defendant, 2) performance by the plaintiff, 3) failure by the defendant to perform, and 4) resulting damages. Eternity Global Master Fund Ltd. v. Morgan Guar. Trust Co. of N.Y., 375 F.3d 168, 177 (2d Cir. 2004) (citing Harsco Corp. v. Segui, 91 F.3d 337, 348 (2d Cir. 1996); Furia v. Furia, 116 A.D.2d 694, 498 N.Y.S.2d 12, 13 (2nd Dep't 1986). 

Ever wonder what happens after you file for Chapter 7 bankruptcy? The eloquent, knowledgeable bankruptcy attorney, Daniel Gershburg explains how to get creditors off your back, rebuild your credit, and get back on the right track. Gershburg sees bankruptcy as a hurdle that clients have to get over, not an insuperable disaster. Working with an experienced lawyer, clients can start making good decisions and get on with life.

This clip is from Daniel Gershburg's course, "Chapter 7 Bankruptcy: The Initial Consultation."

www.lawline.com/cle/course-details.php

    Social media and the internet offer unprecedented opportunity for attorneys and all professionals.  While everyone should recognize these potential benefits, they should not forget the possible downfalls that also exist.
      Publishing something on the internet places it there forever.   It also makes it accessible by an infinite amount of people.  Attorneys often do not realize that unfavorable information may be available about them.  In terms of social media, they may often be the ones who are actually posting the content.
      A recent article in the ABA Journal notes that BigLaw Associates “Google” all candidates before considering them for a position.  Most companies do this as it offers insight into the individual that they are considering for a position.  It can easily be assumed that potential clients will do the same.  On the internet, almost everyone is a public figure.  Attorneys must pay attention to the information that they make available and, if necessary, control it.

What Can You Do?

1) Regular Checks on Major Search Engines
Not just to boost your ego….search your name and make sure that there is nothing you wouldn’t want others to see.   If there is content that you control (such as a blog post, twitter, etc.), you can probably erase it easily.  If not, you may have to contact website administrators.

2) If it’s Personal, Make it Private
If you plan to post pictures partying with friends, don’t make your Facebook or MySpace profiles public.  The same goes for blogging and Twitter.  When using them for personal use, limit the visibility to just your friends so that they are the only ones who see it.

3) Use an Alias
If you really have something that you want to share on the internet, but you believe it can potentially put you in an unfavorable light, use a different publishing name.  You can easily create an alternate e-mail address and/or social media account so that way you can still receive feedback on this content.

These are just some tips on what you can do to control the content that is available on the internet.  Anything you post that has your name on it can be associated back to you.  Comments should always be as neutral or inoffensive as possible, because you never know when they may resurface.

In today's Lawline.com Legal Tip of the day, attorney Ron Coleman describes the best thing an attorney can do if a clients come into the office claiming they're the victim of defamation on a blog--stay calm. Perhaps the worst thing an attorney can do is attract unneccessary attention on a blog that otherwise has little traffic. An example involving the major law firm, Jones Day, is highlighted in order to demonstrate a counter-productive response.

Watch the clip below for more.

The clip is from Ron Coleman's course, "The Legal Aspects of Blogging."