Sunday, November 25, 2012

Stay Out of Court! Avoid Litigation And Resolve Disputes Quickly, Efficiently, And Economically

Worried about getting sued? It's a legitimate fear, and you might think that your first line of defense is to own your assets in judgment-proof entities. That's a valid and recommended strategy, but even though ownership is an important element of an effective asset protection plan, the best way to avoid paying judgments, along with substantial legal fees, is to avoid disputes and the often-resulting lawsuits. Attorney Andrew A. Caffey offers step-by-step advice in Stay Out of Court! The Small Business Guide to Preventing Disputes and Avoiding Lawsuit Hell (Entrepreneur Press, 2005).

Caffey begins with a look at what he calls the civil lawsuit, sue-for-profit industry and its complex financial impact. He writes: "Business and professionals take the brunt of punishment in this out-of-control civil litigation game. The fear of being sued has invaded every aspect of our people's lives."

Of course, getting sued doesn't necessarily mean you'll end up in court--in fact, chances are you won't. According to Caffey: "Statistically, the vast majority of lawsuits never make it to trial. Estimates suggest that 90 to 95 percent of court filings are resolved, dismissed, abandoned, or settled without getting to a final judgment by the finder of fact (either the judge or a jury)." But you don't have to go to court to spend a bundle on legal fees and other costs.

Caffey blames the proliferation of lawsuits on what he calls victimhood and a culture that has shifted away from personal responsibility and accountability. It follows that if someone is a victim, then someone else should be punished and made to pay.

The solution, Caffey believes, begins with improving relationships through communication and conflict resolution. He says the first step in resolving a conflict is to take a "we" not "you vs. me" attitude. The next step is to put the conflict in perspective by reframing it in context with your overall relationship with the other person. Next, Caffey recommends gentle confrontation, which uses non-threatening questioning and active listening to enable the parties to share their views of the conflict. Identify the other side's needs and locate your overlapping shared needs. Then you are in a position to find mutually beneficial solutions, reach a settlement, and put that settlement in writing.

Caffey says you should never totally turn a dispute over to an attorney for handling: "The moment when one party to a dispute yields direct involvement and puts the dispute into the hands of the lawyers is the moment when the lawsuit happens." Stay personally involved in the dispute to make sure your best interests are being considered and protected.

The sound advice on negotiating Caffey offers can be used for more than avoiding litigation--the techniques can be applied to all relationships and situations. For example, he recommends saying "yes" whenever possible, but if necessary, qualify the "yes" with an "if." Caffey writes: "Using the big IF in negotiating is an important habit to develop. It allows you to say yes, but it is always qualified. It says, 'I am willing to give on this point, but I want you to give something back to me for it.'"

Caffey offers excellent advice on how to use contracts to stay out of court and explains various dispute resolution processes, along with suggestions on providing warnings, notices, and cautions. He also explains how to apologize without accepting liability.

Using layman's terms and sense of humor, Caffey has written a book that entertains while it delivers some of the most valuable asset protection and personal relationship advice you'll ever receive.

Stay Out of Court! Avoid Litigation And Resolve Disputes Quickly, Efficiently, And Economically

Worried about getting sued? It's a legitimate fear, and you might think that your first line of defense is to own your assets in judgment-proof entities. That's a valid and recommended strategy, but even though ownership is an important element of an effective asset protection plan, the best way to avoid paying judgments, along with substantial legal fees, is to avoid disputes and the often-resulting lawsuits. Attorney Andrew A. Caffey offers step-by-step advice in Stay Out of Court! The Small Business Guide to Preventing Disputes and Avoiding Lawsuit Hell (Entrepreneur Press, 2005).

Caffey begins with a look at what he calls the civil lawsuit, sue-for-profit industry and its complex financial impact. He writes: "Business and professionals take the brunt of punishment in this out-of-control civil litigation game. The fear of being sued has invaded every aspect of our people's lives."

Of course, getting sued doesn't necessarily mean you'll end up in court--in fact, chances are you won't. According to Caffey: "Statistically, the vast majority of lawsuits never make it to trial. Estimates suggest that 90 to 95 percent of court filings are resolved, dismissed, abandoned, or settled without getting to a final judgment by the finder of fact (either the judge or a jury)." But you don't have to go to court to spend a bundle on legal fees and other costs.

Caffey blames the proliferation of lawsuits on what he calls victimhood and a culture that has shifted away from personal responsibility and accountability. It follows that if someone is a victim, then someone else should be punished and made to pay.

The solution, Caffey believes, begins with improving relationships through communication and conflict resolution. He says the first step in resolving a conflict is to take a "we" not "you vs. me" attitude. The next step is to put the conflict in perspective by reframing it in context with your overall relationship with the other person. Next, Caffey recommends gentle confrontation, which uses non-threatening questioning and active listening to enable the parties to share their views of the conflict. Identify the other side's needs and locate your overlapping shared needs. Then you are in a position to find mutually beneficial solutions, reach a settlement, and put that settlement in writing.

Caffey says you should never totally turn a dispute over to an attorney for handling: "The moment when one party to a dispute yields direct involvement and puts the dispute into the hands of the lawyers is the moment when the lawsuit happens." Stay personally involved in the dispute to make sure your best interests are being considered and protected.

The sound advice on negotiating Caffey offers can be used for more than avoiding litigation--the techniques can be applied to all relationships and situations. For example, he recommends saying "yes" whenever possible, but if necessary, qualify the "yes" with an "if." Caffey writes: "Using the big IF in negotiating is an important habit to develop. It allows you to say yes, but it is always qualified. It says, 'I am willing to give on this point, but I want you to give something back to me for it.'"

Caffey offers excellent advice on how to use contracts to stay out of court and explains various dispute resolution processes, along with suggestions on providing warnings, notices, and cautions. He also explains how to apologize without accepting liability.

Using layman's terms and sense of humor, Caffey has written a book that entertains while it delivers some of the most valuable asset protection and personal relationship advice you'll ever receive.

Every Landlords Guide to Finding Great Tenants by Janet Portman; Book Review

Multi-unit investors are the bread and butter clients of experienced and successful real estate agents. 1031 exchanges are one of the many options for landlords-to-be. After the closing or escrow though is when the real work begins and offering ways to smooth the operational transition for new or repeat owners of rental properties, can be a great source of future referrals for real estate agents. A new book released in 2006 should be a required closing gift from the selling agent to the buyer of any multi-unit building or complex, with two or a thousand units.

Every Landlords Guide to Finding Great Tenants by Attorney Janet Portman, Nolo, 2006, ISBN 1-4133-0413-3, Paperback, 455 Pages is designed in an reader friendly format, full of icons, shaded call-out boxes, sample forms, and checklists. Easy-to-read tables outline state-specific laws on returning security deposits and showing notices, to name a few. From apartment marketing programs, how to show a rental, fielding and screening calls, and checking references, no step in the process is left out and all procedures are drilled down to the bottom line.

Ms. Portman brings an experts perspective on the law, but don't think that this is a dry read. Engaging text sprinkled with bullet points, graphics, and clever caution points, make this the best desk reference for any landlord. Perfect for the experienced but exasperated landlord to the freshly minted, this is a must-have rental resource.

Every Landlords Guide to Finding Great Tenants comes with a handy CD-ROM, for on-the-go landlords. The CD has files of all forms featured and discussed in the book, as well as sample landlord-tenant conversations. Nothing has been left out of this complete guide and the format makes it simple to focus on a particular theme, and revisit others on a when-the-time-comes basis.

Chapter titles include; Choosing Good Tenants Makes Good Business Sense, Complying with Discrimination Laws, How to Deal with Current Tenants-Before You Look for New Ones, How to Advertise Effectively, How You Should Show Your Rental, Preparing Your Rental Application and Screening Materials, Fielding Initial Questions and Phone Screening, Prepare Your Rental for an Open House or Showing, Face to Face: Showing the Rental and Negotiating with Prospective Tenants, evaluating Rental Applications, Checking Applicant's Credit Reports, Checking Landlord, Employer, and Personal References, Checking Applicants' Criminal Backgrounds, How to Choose and Work With a Tenant Screening Agency, Choosing Your New Tenant, and How to Reject-What to Say, What to Write.

This book is a solid ten and highly recommended to building owners, 1031 Exchange Qualifying Intermediaries, real estate editors and educators, leasing and rental managers, real estate agents and brokers.

Review: Unbridled Injustice

Author: Ellie Boatman

ISBN: 1598000586

It was Charles Dickens who stated in his famous novel Oliver Twist, "the law is an ass," and perhaps in some instances we would have to agree with him. However, what is even more alarming is when judges are bigger asses when they exhibit judicial bias or they abuse their wide discretionary powers that is accorded to them within the family court system. They may even, in certain instances, look the other way when there is a question of attorney ethics. All of this leads to a violation of due process that every citizen is entitled to under our democratic legal system. Such denial of justice was experienced by Ellie Boatman Conger, principal protagonist in Ellie Boatman's debut novel, Unbridled Injustice.

Many authors have turned to fiction to provide a beacon of enlightenment in understanding bitter struggles during dark times, and Boatman is no exception, as she uses this genre very effectively in narrating how one woman from Kentucky had been wronged by the judicial system.

Set against Lexington Kentucky's equestrian community, the novel tells the story of Ellie, who after vacationing for a week in Florida with close friends, arrives home at the airport only to be greeted with a divorce petition from her husband Roy. This comes as quite a shock to a woman who believed that life could not be sweeter. After all, she had three great children, a successful husband, a gorgeous home and farm that included several prized ponies, and the respect of her hometown social community.

However, all is not as it appears and as Ellie asserts, "sometimes our lives are like sleepwalking. When we finally awaken we have no idea where we are and even less how we managed to get there."

Shortly after receiving the divorce petition, Ellie finds herself embroiled in very nasty and costly judicial proceedings that could mean the loss of custody of her children to her husband. To further aggravate this frightful situation, Ellie regrettably engages a young and inexperienced attorney, who was not too swift on his feet and consequently is outmaneuvered by the unethical tactics and devious behavior of his opponent, who uses every trick in the book to make life miserable for Ellie. Adding a little more drama into the narrative is the grotesque possibility of child molestation that is ignored by a judge, who has her own agenda, and a lazy social worker assigned to the case.

For a first time author, Boatman shows a great deal of confidence in her story- telling abilities, although at times the pony show scenes wear a bit thin, slowing down the pace of the novel. Nonetheless, this hard-hitting narrative is a page turner not only because of its plot, but also the strong message it conveys. Conger gets top marks for her clarity and richness of voice, all of which contribute to the reader's ease in empathizing with Ellie's anger and despair, as she fights the sometimes unfairness of the judicial system in order to gain the custody of her children. In the end, does justice prevail?

Review: Unbridled Injustice

Author: Ellie Boatman

ISBN: 1598000586

It was Charles Dickens who stated in his famous novel Oliver Twist, "the law is an ass," and perhaps in some instances we would have to agree with him. However, what is even more alarming is when judges are bigger asses when they exhibit judicial bias or they abuse their wide discretionary powers that is accorded to them within the family court system. They may even, in certain instances, look the other way when there is a question of attorney ethics. All of this leads to a violation of due process that every citizen is entitled to under our democratic legal system. Such denial of justice was experienced by Ellie Boatman Conger, principal protagonist in Ellie Boatman's debut novel, Unbridled Injustice.

Many authors have turned to fiction to provide a beacon of enlightenment in understanding bitter struggles during dark times, and Boatman is no exception, as she uses this genre very effectively in narrating how one woman from Kentucky had been wronged by the judicial system.

Set against Lexington Kentucky's equestrian community, the novel tells the story of Ellie, who after vacationing for a week in Florida with close friends, arrives home at the airport only to be greeted with a divorce petition from her husband Roy. This comes as quite a shock to a woman who believed that life could not be sweeter. After all, she had three great children, a successful husband, a gorgeous home and farm that included several prized ponies, and the respect of her hometown social community.

However, all is not as it appears and as Ellie asserts, "sometimes our lives are like sleepwalking. When we finally awaken we have no idea where we are and even less how we managed to get there."

Shortly after receiving the divorce petition, Ellie finds herself embroiled in very nasty and costly judicial proceedings that could mean the loss of custody of her children to her husband. To further aggravate this frightful situation, Ellie regrettably engages a young and inexperienced attorney, who was not too swift on his feet and consequently is outmaneuvered by the unethical tactics and devious behavior of his opponent, who uses every trick in the book to make life miserable for Ellie. Adding a little more drama into the narrative is the grotesque possibility of child molestation that is ignored by a judge, who has her own agenda, and a lazy social worker assigned to the case.

For a first time author, Boatman shows a great deal of confidence in her story- telling abilities, although at times the pony show scenes wear a bit thin, slowing down the pace of the novel. Nonetheless, this hard-hitting narrative is a page turner not only because of its plot, but also the strong message it conveys. Conger gets top marks for her clarity and richness of voice, all of which contribute to the reader's ease in empathizing with Ellie's anger and despair, as she fights the sometimes unfairness of the judicial system in order to gain the custody of her children. In the end, does justice prevail?

Review: Unbridled Injustice

Author: Ellie Boatman

ISBN: 1598000586

It was Charles Dickens who stated in his famous novel Oliver Twist, "the law is an ass," and perhaps in some instances we would have to agree with him. However, what is even more alarming is when judges are bigger asses when they exhibit judicial bias or they abuse their wide discretionary powers that is accorded to them within the family court system. They may even, in certain instances, look the other way when there is a question of attorney ethics. All of this leads to a violation of due process that every citizen is entitled to under our democratic legal system. Such denial of justice was experienced by Ellie Boatman Conger, principal protagonist in Ellie Boatman's debut novel, Unbridled Injustice.

Many authors have turned to fiction to provide a beacon of enlightenment in understanding bitter struggles during dark times, and Boatman is no exception, as she uses this genre very effectively in narrating how one woman from Kentucky had been wronged by the judicial system.

Set against Lexington Kentucky's equestrian community, the novel tells the story of Ellie, who after vacationing for a week in Florida with close friends, arrives home at the airport only to be greeted with a divorce petition from her husband Roy. This comes as quite a shock to a woman who believed that life could not be sweeter. After all, she had three great children, a successful husband, a gorgeous home and farm that included several prized ponies, and the respect of her hometown social community.

However, all is not as it appears and as Ellie asserts, "sometimes our lives are like sleepwalking. When we finally awaken we have no idea where we are and even less how we managed to get there."

Shortly after receiving the divorce petition, Ellie finds herself embroiled in very nasty and costly judicial proceedings that could mean the loss of custody of her children to her husband. To further aggravate this frightful situation, Ellie regrettably engages a young and inexperienced attorney, who was not too swift on his feet and consequently is outmaneuvered by the unethical tactics and devious behavior of his opponent, who uses every trick in the book to make life miserable for Ellie. Adding a little more drama into the narrative is the grotesque possibility of child molestation that is ignored by a judge, who has her own agenda, and a lazy social worker assigned to the case.

For a first time author, Boatman shows a great deal of confidence in her story- telling abilities, although at times the pony show scenes wear a bit thin, slowing down the pace of the novel. Nonetheless, this hard-hitting narrative is a page turner not only because of its plot, but also the strong message it conveys. Conger gets top marks for her clarity and richness of voice, all of which contribute to the reader's ease in empathizing with Ellie's anger and despair, as she fights the sometimes unfairness of the judicial system in order to gain the custody of her children. In the end, does justice prevail?

Stay Out of Court! Avoid Litigation And Resolve Disputes Quickly, Efficiently, And Economically

Worried about getting sued? It's a legitimate fear, and you might think that your first line of defense is to own your assets in judgment-proof entities. That's a valid and recommended strategy, but even though ownership is an important element of an effective asset protection plan, the best way to avoid paying judgments, along with substantial legal fees, is to avoid disputes and the often-resulting lawsuits. Attorney Andrew A. Caffey offers step-by-step advice in Stay Out of Court! The Small Business Guide to Preventing Disputes and Avoiding Lawsuit Hell (Entrepreneur Press, 2005).

Caffey begins with a look at what he calls the civil lawsuit, sue-for-profit industry and its complex financial impact. He writes: "Business and professionals take the brunt of punishment in this out-of-control civil litigation game. The fear of being sued has invaded every aspect of our people's lives."

Of course, getting sued doesn't necessarily mean you'll end up in court--in fact, chances are you won't. According to Caffey: "Statistically, the vast majority of lawsuits never make it to trial. Estimates suggest that 90 to 95 percent of court filings are resolved, dismissed, abandoned, or settled without getting to a final judgment by the finder of fact (either the judge or a jury)." But you don't have to go to court to spend a bundle on legal fees and other costs.

Caffey blames the proliferation of lawsuits on what he calls victimhood and a culture that has shifted away from personal responsibility and accountability. It follows that if someone is a victim, then someone else should be punished and made to pay.

The solution, Caffey believes, begins with improving relationships through communication and conflict resolution. He says the first step in resolving a conflict is to take a "we" not "you vs. me" attitude. The next step is to put the conflict in perspective by reframing it in context with your overall relationship with the other person. Next, Caffey recommends gentle confrontation, which uses non-threatening questioning and active listening to enable the parties to share their views of the conflict. Identify the other side's needs and locate your overlapping shared needs. Then you are in a position to find mutually beneficial solutions, reach a settlement, and put that settlement in writing.

Caffey says you should never totally turn a dispute over to an attorney for handling: "The moment when one party to a dispute yields direct involvement and puts the dispute into the hands of the lawyers is the moment when the lawsuit happens." Stay personally involved in the dispute to make sure your best interests are being considered and protected.

The sound advice on negotiating Caffey offers can be used for more than avoiding litigation--the techniques can be applied to all relationships and situations. For example, he recommends saying "yes" whenever possible, but if necessary, qualify the "yes" with an "if." Caffey writes: "Using the big IF in negotiating is an important habit to develop. It allows you to say yes, but it is always qualified. It says, 'I am willing to give on this point, but I want you to give something back to me for it.'"

Caffey offers excellent advice on how to use contracts to stay out of court and explains various dispute resolution processes, along with suggestions on providing warnings, notices, and cautions. He also explains how to apologize without accepting liability.

Using layman's terms and sense of humor, Caffey has written a book that entertains while it delivers some of the most valuable asset protection and personal relationship advice you'll ever receive.

"Leading Beyond Tradition: A Breakthrough Strategy for Law..." author William E. Cooper: BOOK REVIEW

Leading Beyond Tradition: A Breakthrough Strategy for Law Enforcement

By William E. Cooper, Chief of Police (ret.)

3 - Star Publishing (2005)

Reviewed by Bette Daoust, Ph.D. for Reader Views (3/06)

Although I do not have any experience in law enforcement, I have come to appreciate all that the Police do for our society. It is through many struggles, budget cuts, and lack of resources that we tend to criticize inadequacy and lack of response from those enforcing the law. The real meaning of law enforcement is often wrapped in political rhetoric that stymies the police force that we so need to make sure we are free from harm.

I have been in corporate America for a number of years and have dealt with problems of communication, budget, and working with thinly populated teams. The struggle to gain profits while maintain effectiveness and efficiency is always a challenge. This challenge is further complicated when you add layers of customers to the mix. In policing, the customers range from residents in prisons, victims of crime, perpetrators, to government officials, reporting hierarchies, the courts, and the people of this nation. No other type of organization has these complications to the same extent as in Policing.

Mr. Cooper's book takes into account all of the customers and the internal staff to bring to the forefront salient issues that affect us all. His insight on how to implement strategies such as Six Sigma and The Balanced Scorecard into the traditional organizational structure of policing is insightful and his ideas bring about results. He delves into process mapping, problem solving, and handling the limits of budget and resources. His study of the 911 system and the impact of its use for emergency and more often non-emergency calls bring home the fact that Policing is bursting at the seams with calls that are non-relevant.

His comments on the use of volunteers show that these volunteers can help alleviate some of the non-emergency problems. Mr. Cooper's case studies illustrate how some crimes are committed and even though there are witnesses, no one called the police because they deem that the police are too busy. The case discussed further illustrates the need for citizens to form liaisons with the police in order to reduce the amount of crime in any particular neighborhood. His case studies show that policing is like any organization, it needs to be systemized and made efficient in order to be more effective.

Even if you are not into policing, this book is a good read for anyone considering implementing strategies such as Six Sigma and The Balanced Scorecard. The book was so interesting; it was difficult to put down.

Every Landlords Guide to Finding Great Tenants by Janet Portman; Book Review

Multi-unit investors are the bread and butter clients of experienced and successful real estate agents. 1031 exchanges are one of the many options for landlords-to-be. After the closing or escrow though is when the real work begins and offering ways to smooth the operational transition for new or repeat owners of rental properties, can be a great source of future referrals for real estate agents. A new book released in 2006 should be a required closing gift from the selling agent to the buyer of any multi-unit building or complex, with two or a thousand units.

Every Landlords Guide to Finding Great Tenants by Attorney Janet Portman, Nolo, 2006, ISBN 1-4133-0413-3, Paperback, 455 Pages is designed in an reader friendly format, full of icons, shaded call-out boxes, sample forms, and checklists. Easy-to-read tables outline state-specific laws on returning security deposits and showing notices, to name a few. From apartment marketing programs, how to show a rental, fielding and screening calls, and checking references, no step in the process is left out and all procedures are drilled down to the bottom line.

Ms. Portman brings an experts perspective on the law, but don't think that this is a dry read. Engaging text sprinkled with bullet points, graphics, and clever caution points, make this the best desk reference for any landlord. Perfect for the experienced but exasperated landlord to the freshly minted, this is a must-have rental resource.

Every Landlords Guide to Finding Great Tenants comes with a handy CD-ROM, for on-the-go landlords. The CD has files of all forms featured and discussed in the book, as well as sample landlord-tenant conversations. Nothing has been left out of this complete guide and the format makes it simple to focus on a particular theme, and revisit others on a when-the-time-comes basis.

Chapter titles include; Choosing Good Tenants Makes Good Business Sense, Complying with Discrimination Laws, How to Deal with Current Tenants-Before You Look for New Ones, How to Advertise Effectively, How You Should Show Your Rental, Preparing Your Rental Application and Screening Materials, Fielding Initial Questions and Phone Screening, Prepare Your Rental for an Open House or Showing, Face to Face: Showing the Rental and Negotiating with Prospective Tenants, evaluating Rental Applications, Checking Applicant's Credit Reports, Checking Landlord, Employer, and Personal References, Checking Applicants' Criminal Backgrounds, How to Choose and Work With a Tenant Screening Agency, Choosing Your New Tenant, and How to Reject-What to Say, What to Write.

This book is a solid ten and highly recommended to building owners, 1031 Exchange Qualifying Intermediaries, real estate editors and educators, leasing and rental managers, real estate agents and brokers.

Every Landlords Guide to Finding Great Tenants by Janet Portman; Book Review

Multi-unit investors are the bread and butter clients of experienced and successful real estate agents. 1031 exchanges are one of the many options for landlords-to-be. After the closing or escrow though is when the real work begins and offering ways to smooth the operational transition for new or repeat owners of rental properties, can be a great source of future referrals for real estate agents. A new book released in 2006 should be a required closing gift from the selling agent to the buyer of any multi-unit building or complex, with two or a thousand units.

Every Landlords Guide to Finding Great Tenants by Attorney Janet Portman, Nolo, 2006, ISBN 1-4133-0413-3, Paperback, 455 Pages is designed in an reader friendly format, full of icons, shaded call-out boxes, sample forms, and checklists. Easy-to-read tables outline state-specific laws on returning security deposits and showing notices, to name a few. From apartment marketing programs, how to show a rental, fielding and screening calls, and checking references, no step in the process is left out and all procedures are drilled down to the bottom line.

Ms. Portman brings an experts perspective on the law, but don't think that this is a dry read. Engaging text sprinkled with bullet points, graphics, and clever caution points, make this the best desk reference for any landlord. Perfect for the experienced but exasperated landlord to the freshly minted, this is a must-have rental resource.

Every Landlords Guide to Finding Great Tenants comes with a handy CD-ROM, for on-the-go landlords. The CD has files of all forms featured and discussed in the book, as well as sample landlord-tenant conversations. Nothing has been left out of this complete guide and the format makes it simple to focus on a particular theme, and revisit others on a when-the-time-comes basis.

Chapter titles include; Choosing Good Tenants Makes Good Business Sense, Complying with Discrimination Laws, How to Deal with Current Tenants-Before You Look for New Ones, How to Advertise Effectively, How You Should Show Your Rental, Preparing Your Rental Application and Screening Materials, Fielding Initial Questions and Phone Screening, Prepare Your Rental for an Open House or Showing, Face to Face: Showing the Rental and Negotiating with Prospective Tenants, evaluating Rental Applications, Checking Applicant's Credit Reports, Checking Landlord, Employer, and Personal References, Checking Applicants' Criminal Backgrounds, How to Choose and Work With a Tenant Screening Agency, Choosing Your New Tenant, and How to Reject-What to Say, What to Write.

This book is a solid ten and highly recommended to building owners, 1031 Exchange Qualifying Intermediaries, real estate editors and educators, leasing and rental managers, real estate agents and brokers.

Every Landlords Guide to Finding Great Tenants by Janet Portman; Book Review

Multi-unit investors are the bread and butter clients of experienced and successful real estate agents. 1031 exchanges are one of the many options for landlords-to-be. After the closing or escrow though is when the real work begins and offering ways to smooth the operational transition for new or repeat owners of rental properties, can be a great source of future referrals for real estate agents. A new book released in 2006 should be a required closing gift from the selling agent to the buyer of any multi-unit building or complex, with two or a thousand units.

Every Landlords Guide to Finding Great Tenants by Attorney Janet Portman, Nolo, 2006, ISBN 1-4133-0413-3, Paperback, 455 Pages is designed in an reader friendly format, full of icons, shaded call-out boxes, sample forms, and checklists. Easy-to-read tables outline state-specific laws on returning security deposits and showing notices, to name a few. From apartment marketing programs, how to show a rental, fielding and screening calls, and checking references, no step in the process is left out and all procedures are drilled down to the bottom line.

Ms. Portman brings an experts perspective on the law, but don't think that this is a dry read. Engaging text sprinkled with bullet points, graphics, and clever caution points, make this the best desk reference for any landlord. Perfect for the experienced but exasperated landlord to the freshly minted, this is a must-have rental resource.

Every Landlords Guide to Finding Great Tenants comes with a handy CD-ROM, for on-the-go landlords. The CD has files of all forms featured and discussed in the book, as well as sample landlord-tenant conversations. Nothing has been left out of this complete guide and the format makes it simple to focus on a particular theme, and revisit others on a when-the-time-comes basis.

Chapter titles include; Choosing Good Tenants Makes Good Business Sense, Complying with Discrimination Laws, How to Deal with Current Tenants-Before You Look for New Ones, How to Advertise Effectively, How You Should Show Your Rental, Preparing Your Rental Application and Screening Materials, Fielding Initial Questions and Phone Screening, Prepare Your Rental for an Open House or Showing, Face to Face: Showing the Rental and Negotiating with Prospective Tenants, evaluating Rental Applications, Checking Applicant's Credit Reports, Checking Landlord, Employer, and Personal References, Checking Applicants' Criminal Backgrounds, How to Choose and Work With a Tenant Screening Agency, Choosing Your New Tenant, and How to Reject-What to Say, What to Write.

This book is a solid ten and highly recommended to building owners, 1031 Exchange Qualifying Intermediaries, real estate editors and educators, leasing and rental managers, real estate agents and brokers.

Every Landlords Guide to Finding Great Tenants by Janet Portman; Book Review

Multi-unit investors are the bread and butter clients of experienced and successful real estate agents. 1031 exchanges are one of the many options for landlords-to-be. After the closing or escrow though is when the real work begins and offering ways to smooth the operational transition for new or repeat owners of rental properties, can be a great source of future referrals for real estate agents. A new book released in 2006 should be a required closing gift from the selling agent to the buyer of any multi-unit building or complex, with two or a thousand units.

Every Landlords Guide to Finding Great Tenants by Attorney Janet Portman, Nolo, 2006, ISBN 1-4133-0413-3, Paperback, 455 Pages is designed in an reader friendly format, full of icons, shaded call-out boxes, sample forms, and checklists. Easy-to-read tables outline state-specific laws on returning security deposits and showing notices, to name a few. From apartment marketing programs, how to show a rental, fielding and screening calls, and checking references, no step in the process is left out and all procedures are drilled down to the bottom line.

Ms. Portman brings an experts perspective on the law, but don't think that this is a dry read. Engaging text sprinkled with bullet points, graphics, and clever caution points, make this the best desk reference for any landlord. Perfect for the experienced but exasperated landlord to the freshly minted, this is a must-have rental resource.

Every Landlords Guide to Finding Great Tenants comes with a handy CD-ROM, for on-the-go landlords. The CD has files of all forms featured and discussed in the book, as well as sample landlord-tenant conversations. Nothing has been left out of this complete guide and the format makes it simple to focus on a particular theme, and revisit others on a when-the-time-comes basis.

Chapter titles include; Choosing Good Tenants Makes Good Business Sense, Complying with Discrimination Laws, How to Deal with Current Tenants-Before You Look for New Ones, How to Advertise Effectively, How You Should Show Your Rental, Preparing Your Rental Application and Screening Materials, Fielding Initial Questions and Phone Screening, Prepare Your Rental for an Open House or Showing, Face to Face: Showing the Rental and Negotiating with Prospective Tenants, evaluating Rental Applications, Checking Applicant's Credit Reports, Checking Landlord, Employer, and Personal References, Checking Applicants' Criminal Backgrounds, How to Choose and Work With a Tenant Screening Agency, Choosing Your New Tenant, and How to Reject-What to Say, What to Write.

This book is a solid ten and highly recommended to building owners, 1031 Exchange Qualifying Intermediaries, real estate editors and educators, leasing and rental managers, real estate agents and brokers.

Every Landlords Guide to Finding Great Tenants by Janet Portman; Book Review

Multi-unit investors are the bread and butter clients of experienced and successful real estate agents. 1031 exchanges are one of the many options for landlords-to-be. After the closing or escrow though is when the real work begins and offering ways to smooth the operational transition for new or repeat owners of rental properties, can be a great source of future referrals for real estate agents. A new book released in 2006 should be a required closing gift from the selling agent to the buyer of any multi-unit building or complex, with two or a thousand units.

Every Landlords Guide to Finding Great Tenants by Attorney Janet Portman, Nolo, 2006, ISBN 1-4133-0413-3, Paperback, 455 Pages is designed in an reader friendly format, full of icons, shaded call-out boxes, sample forms, and checklists. Easy-to-read tables outline state-specific laws on returning security deposits and showing notices, to name a few. From apartment marketing programs, how to show a rental, fielding and screening calls, and checking references, no step in the process is left out and all procedures are drilled down to the bottom line.

Ms. Portman brings an experts perspective on the law, but don't think that this is a dry read. Engaging text sprinkled with bullet points, graphics, and clever caution points, make this the best desk reference for any landlord. Perfect for the experienced but exasperated landlord to the freshly minted, this is a must-have rental resource.

Every Landlords Guide to Finding Great Tenants comes with a handy CD-ROM, for on-the-go landlords. The CD has files of all forms featured and discussed in the book, as well as sample landlord-tenant conversations. Nothing has been left out of this complete guide and the format makes it simple to focus on a particular theme, and revisit others on a when-the-time-comes basis.

Chapter titles include; Choosing Good Tenants Makes Good Business Sense, Complying with Discrimination Laws, How to Deal with Current Tenants-Before You Look for New Ones, How to Advertise Effectively, How You Should Show Your Rental, Preparing Your Rental Application and Screening Materials, Fielding Initial Questions and Phone Screening, Prepare Your Rental for an Open House or Showing, Face to Face: Showing the Rental and Negotiating with Prospective Tenants, evaluating Rental Applications, Checking Applicant's Credit Reports, Checking Landlord, Employer, and Personal References, Checking Applicants' Criminal Backgrounds, How to Choose and Work With a Tenant Screening Agency, Choosing Your New Tenant, and How to Reject-What to Say, What to Write.

This book is a solid ten and highly recommended to building owners, 1031 Exchange Qualifying Intermediaries, real estate editors and educators, leasing and rental managers, real estate agents and brokers.

"Leading Beyond Tradition: A Breakthrough Strategy for Law..." author William E. Cooper: BOOK REVIEW

Leading Beyond Tradition: A Breakthrough Strategy for Law Enforcement

By William E. Cooper, Chief of Police (ret.)

3 - Star Publishing (2005)

Reviewed by Bette Daoust, Ph.D. for Reader Views (3/06)

Although I do not have any experience in law enforcement, I have come to appreciate all that the Police do for our society. It is through many struggles, budget cuts, and lack of resources that we tend to criticize inadequacy and lack of response from those enforcing the law. The real meaning of law enforcement is often wrapped in political rhetoric that stymies the police force that we so need to make sure we are free from harm.

I have been in corporate America for a number of years and have dealt with problems of communication, budget, and working with thinly populated teams. The struggle to gain profits while maintain effectiveness and efficiency is always a challenge. This challenge is further complicated when you add layers of customers to the mix. In policing, the customers range from residents in prisons, victims of crime, perpetrators, to government officials, reporting hierarchies, the courts, and the people of this nation. No other type of organization has these complications to the same extent as in Policing.

Mr. Cooper's book takes into account all of the customers and the internal staff to bring to the forefront salient issues that affect us all. His insight on how to implement strategies such as Six Sigma and The Balanced Scorecard into the traditional organizational structure of policing is insightful and his ideas bring about results. He delves into process mapping, problem solving, and handling the limits of budget and resources. His study of the 911 system and the impact of its use for emergency and more often non-emergency calls bring home the fact that Policing is bursting at the seams with calls that are non-relevant.

His comments on the use of volunteers show that these volunteers can help alleviate some of the non-emergency problems. Mr. Cooper's case studies illustrate how some crimes are committed and even though there are witnesses, no one called the police because they deem that the police are too busy. The case discussed further illustrates the need for citizens to form liaisons with the police in order to reduce the amount of crime in any particular neighborhood. His case studies show that policing is like any organization, it needs to be systemized and made efficient in order to be more effective.

Even if you are not into policing, this book is a good read for anyone considering implementing strategies such as Six Sigma and The Balanced Scorecard. The book was so interesting; it was difficult to put down.

Stay Out of Court! Avoid Litigation And Resolve Disputes Quickly, Efficiently, And Economically

Worried about getting sued? It's a legitimate fear, and you might think that your first line of defense is to own your assets in judgment-proof entities. That's a valid and recommended strategy, but even though ownership is an important element of an effective asset protection plan, the best way to avoid paying judgments, along with substantial legal fees, is to avoid disputes and the often-resulting lawsuits. Attorney Andrew A. Caffey offers step-by-step advice in Stay Out of Court! The Small Business Guide to Preventing Disputes and Avoiding Lawsuit Hell (Entrepreneur Press, 2005).

Caffey begins with a look at what he calls the civil lawsuit, sue-for-profit industry and its complex financial impact. He writes: "Business and professionals take the brunt of punishment in this out-of-control civil litigation game. The fear of being sued has invaded every aspect of our people's lives."

Of course, getting sued doesn't necessarily mean you'll end up in court--in fact, chances are you won't. According to Caffey: "Statistically, the vast majority of lawsuits never make it to trial. Estimates suggest that 90 to 95 percent of court filings are resolved, dismissed, abandoned, or settled without getting to a final judgment by the finder of fact (either the judge or a jury)." But you don't have to go to court to spend a bundle on legal fees and other costs.

Caffey blames the proliferation of lawsuits on what he calls victimhood and a culture that has shifted away from personal responsibility and accountability. It follows that if someone is a victim, then someone else should be punished and made to pay.

The solution, Caffey believes, begins with improving relationships through communication and conflict resolution. He says the first step in resolving a conflict is to take a "we" not "you vs. me" attitude. The next step is to put the conflict in perspective by reframing it in context with your overall relationship with the other person. Next, Caffey recommends gentle confrontation, which uses non-threatening questioning and active listening to enable the parties to share their views of the conflict. Identify the other side's needs and locate your overlapping shared needs. Then you are in a position to find mutually beneficial solutions, reach a settlement, and put that settlement in writing.

Caffey says you should never totally turn a dispute over to an attorney for handling: "The moment when one party to a dispute yields direct involvement and puts the dispute into the hands of the lawyers is the moment when the lawsuit happens." Stay personally involved in the dispute to make sure your best interests are being considered and protected.

The sound advice on negotiating Caffey offers can be used for more than avoiding litigation--the techniques can be applied to all relationships and situations. For example, he recommends saying "yes" whenever possible, but if necessary, qualify the "yes" with an "if." Caffey writes: "Using the big IF in negotiating is an important habit to develop. It allows you to say yes, but it is always qualified. It says, 'I am willing to give on this point, but I want you to give something back to me for it.'"

Caffey offers excellent advice on how to use contracts to stay out of court and explains various dispute resolution processes, along with suggestions on providing warnings, notices, and cautions. He also explains how to apologize without accepting liability.

Using layman's terms and sense of humor, Caffey has written a book that entertains while it delivers some of the most valuable asset protection and personal relationship advice you'll ever receive.


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