Lawyers.com Blog

As the dust of election week settles it occurs to me that it’s great to live in America.  Seriously.  I don’t think there’s probably a person out there who’s 100% happy with how every race and every measure on the ballot turned out.  Regardless, though, you have to admire the system.  A lot of people have talked about the wonders of the peaceful transfer of power and that can’t be overemphasized.  It is a great thing that leadership changes by counting of votes and not at gunpoint. 

I marvel at the fact that we the people have the chance not only to choose our elected officials but also to vote on laws that will impact our lives and the lives of our neighbors.  I often focus on the judicial branch of our government but the great thing is that the average citizen gets to participate in the legislative part of our government and help shape the executive one as well.

People often go through life feeling powerless to effect change whether it’s in their home, their workplace, or the world.  If the last several years have taught us anything, though, it’s that one single voice can make all the difference.  If you don’t like a law, stand up and voice your desire for change.  Round up your friends and neighbors and petition your representatives.  If there’s a need in your community that’s not being met, do what you can on a personal level to help out and then take your issue to your local government.  One person can single-handedly change the course of an election.  One person can also be the straw that broke the camel’s back and brought about change.

I guess my point is that regardless of how you feel about the outcome of the recent election, use that emotion to spur you on to get involved in local government.  If you want change, stand up and say so.  Our civic rights and responsibilities don’t end at the ballot box, they just begin there.

Related Links:

• See what the Seventeenth Amendment has to say about the election of senators.
• Find out how laws are created.

Last time we discussed some of the benefits of the bailout plan for homeowners, stockholders, and bank patrons.  The bailout has a great many other things to offer the consumer.

Your Taxes

There are several other tax advantages that are built into the bailout.  For instance, the AMT tax system has increased the exemptions for couples and singles.  The new exemption for couples is $69,950, and for singles it is $44,350.  These are increases of $3,700 and $1,850, respectively.

Tax credits have also been made available.  There are tax breaks for victims of natural disasters and residents who pay state and local taxes in states with no income tax.  There are also college tuition deductions and money set aside to help teachers buy their own school supplies.

Additionally, tax credits were also extended on several different energy-conscious activities.  Homeowners who install solar panels on their roofs, wind turbines, or geothermal heat pumps can claim a 30% tax credit.  Energy efficient home improvements are able to get an extra year of tax breaks.  Also, the first 250,000 people to buy an electric vehicle can claim a $7,500 tax credit.

Your Health

Now this one is going to seem like it comes out of left field, but there is a reason for it.  In order to get this bailout accomplished in a timely manner they had to tack it on to an existing piece of legislation that was already slated.  The one they tacked onto is titled Mental Health Parity, and it requires employers with at least 51 workers who offer mental health or substance abuse coverage to have the same rules and limits as any other doctor visit.  Employers are not required to offer mental health coverage to employees, but those who do will need to make it so that deductibles and costs are the same regardless of whether your problem is physical or mental/emotional.  Many people who see mental health specialists could save a lot of money on out-of-pocket costs.

Midwest Disaster Relief

Last, but not least, the government took the opportunity to help out the victims of summer storms in the Midwest.  If you were a victim, you could withdraw funds from your I.R.A. to help you and the 10% fee would be waived.  It also increases the amount that people can borrow from their 401K.  Also, if you are housing up to four people that were dislocated by the floods, then there is a tax exemption with your name on it.  The bailout also provides tax relief and scholarships for people affected by other disasters.

These are some of the many ways that the bailout could help you as a consumer.  After all, we should all benefit from the bailout of the banks.  In the end there's still a lot of confusion about what the bailout will do.  However, make sure you stay on top of what's going on and definitely what tax deductions you might now be able to take.  Hang in there, sooner or later the economy will turn around.

Related Links:

Get more information about taxes and deductions and find an attorney who can help you. http://www.lawyers.com/find_a_lawyer/content_search/results.php?p=1&ns=y&s=taxes&c=0

Find out more about mental health and insurance on Lawyers.com. http://www.lawyers.com/find_a_lawyer/content_search/results.php?p=1&ns=y&s=mental+health&c=0

Know what to do to recover from a disaster. http://research.lawyers.com/Life-Event-Home-Disaster-Recovery.html

So the bailout finally arrived and, if you're like most people, you haven't a clue what that means for the consumer.  You've likely heard that the bailout will help banks stabilize and encourage banks to really start lending again, which is great if you want to buy a car or a house.  But, what if you're not in the market to buy?  What are you getting out of this?  If things go according to plan, the answer is: plenty.

Your House

Homeowners have been facing some great challenges as they find themselves locked into mortgage payments they can't afford.  The bailout provides some hope for those in this situation.  The Treasury Department will be buying troubled mortgages, which will free up the banks.  The Treasury Department is also going to attempt to modify mortgages, reducing the amount of money people owe.  It is unclear how many mortgages they will buy and how effective they will be in modifying mortgages. 

For those whose mortgages are lowered, though, they will not have to pay income tax on the amount that was forgiven.  This is crucial and excellent news.  Otherwise, if you had a $300,000 dollar mortgage, and the government suddenly told you that you only owed $250,000, then you could be taxed on the $50,000 that was forgiven as if it was income.  Paying taxes for money you didn't get to put into your bank account is impossible for many people, particularly those facing foreclosure.  So, good news, no tax owed on whatever amount of your loan is forgiven.

One other good thing about all of this relates to renters.  If a house is foreclosed, renters will be allowed to remain so long as they abide by the terms of their rental agreement.  This helps to guarantee renters that, regardless of what happens to the owner of the property, they will be allowed to stay.

Your 401K, IRA, Mutual Funds, and Stocks

Some days it seems like the stock market is in complete freefall.  The effects of a bailout should be beneficial to these assets, although the effects might not be seen for a while.  The aim of the bailout is to stabilize the economy.  When the economy is more stable, so is the stock market and your retirement fund.

Your Bank Accounts

There is definitely good news on this front, especially if your bank is on the endangered list.  The FDIC, which insures bank deposits, has upped the amount that they cover.  Previously a bank customer was insured for up to $100,000 (regardless of how many separate checking or savings accounts they had in that bank).  Now, they are insuring deposits for up to $250,000 per account holder (up to 500,000 for joint accounts).  This will be in effect through the end of 2009.

So the bailout is seeking not only to stabilize banks but to secure the personal finances of homeowners, stockholders, and bank customers.  These are just three of the benefits to the average consumer.  There are more, and I will discuss them next time.

Up Next:  Bailout Part II

Get more information about the bailout perks. http://www.nytimes.com/2008/10/04/business/04consumer.html?_r=2&sq=bailout%20bill%20brings%20diverse%20perks&st=cse&oref=slogin&scp=1&pagewanted=print&pagewanted=print&oref=slogin

Get the information and the help you need if you are in danger of foreclosure on Lawyers.com. http://www.lawyers.com/find_a_lawyer/content_search/results.php?p=1&ns=y&s=foreclosure&c=0

Find out more about 401Ks. http://employee-benefits.lawyers.com/pension-and-profit-sharing-plans/401K-Plans.html

Last week Richard Blackwell died.  He's the actor and fashion designer who for 48 years put out Hollywood's Worst Dressed List.  If there is such a thing as fashion police, he would undoubtedly be their captain.  As I read an obituary for him and reviewed some of his past lists, it really made me think: when it comes to fashion and what we wear, the average person has a lot more "rights" than a celebrity does.  We have the right to go to the grocery store in sweats and frumpy hair.  Celebrities, it would seem, do not.

But what if there really were fashion police and you could get arrested for looking hideous or for not wearing the right thing?  Outrageous idea, isn't it?  Think again.  In March, Florida voters made it illegal to wear baggy pants that expose the wearer's underwear.  While this has been an unpleasant fashion trend for a decade, it hardly seems to be a crime.  A seventeen-year-old was arrested for this crime.  He faced a potential fine of $150 or community service. 

The judge in the case ruled that the law was unconstitutional.  I'm not sure on what basis that rests, but it probably is considered a violation of freedom of speech.  Now there's a can of worms.  However, this will probably not be the last word on this issue.  Several other cities have adopted this law and others across the country, such as Dallas and Atlanta, are considering it.  In Delcambre, Louisiana, the penalty is much harsher, as offenders could pay a $500 fine or spend six months in jail.  Now, I find the whole baggy pants thing to be distasteful and somewhat offensive, but I think there are far better reasons for putting someone in jail for six months.  In fact, I’m starting to think celebrities don't have it so bad.  Cher and other celebrities have gone out in public in very revealing clothing, and although they might be criticized for it, no one's trying to put them in jail.

Don't get me wrong.  I think there is a time and a place to regulate with dress codes.  I fully support restaurants that have a “No Shirt, No Shoes, No Service” policy.  I understand why the Disney parks do not allow people to enter wearing obscene or profane T-shirts.  They are family parks, after all, and no one wants a picture of their kid with Mickey Mouse where a passerby in the background is wearing an “F*** You” shirt.  I also support laws banning streaking.  That said, I think the whole baggy pants thing is a very slippery slope.  Seriously, where will it end?

I believe that people have the right to dress however they want, so long as it doesn't violate laws against nudity.  So what if I can see that guy's boxer shorts?  On a bad day, he'll see my bra strap, because no matter how many times I fix the blasted thing it keeps falling down.  (For some, that’s a fashion statement; for me, it's a fashion handicap.)  I mean, if we let these kinds of laws stand, what's next?  Twenty years from now, am I going to have to go to the beach in the same ridiculous bathing costume as my great-grandmother did in her day?  Perish the thought!

So, here's what I say about fashion faux pas.  Feel free to mock all you want like Richard Blackwell.  Just don't try to pass a law, because sooner or later the fashion police will come for you.

Related Links:

Read more about the Florida ruling. http://ca.news.yahoo.com/s/afp/080916/oddities/us_fashion_justice_offbeat

Read the Constitution for yourself and discover your rights. http://research.lawyers.com/The-United-States-Constitution.html

Well, it's that time of the year.  Elections are upon us, and not just any elections, but the presidential election.  I can't help but wonder as November 4th looms closer what this year is going to bring.  I also can't help but wonder if I'm going to have to wait to find out who won…again.  Thanks to the last two presidential elections, many people are aware of aspects of the voting process that heretofore went largely unnoticed.  The Electoral College, hanging chads, butterfly ballots and other such words are still part of the American consciousness several years later.  Many states have moved to make improvements in their voting processes, but how much has really changed for the better?

The voting process is not standardized across the country.  Instead, it is up to the states to dictate the rules and procedures by which its citizens cast their ballots.  That means that requirements can vary greatly from state to state.  Some states require voters to present proof of identity, while others do not.  A few states such as Iowa allow voters to register and vote on Election Day, while others have a deadline to register well in advance of Election Day.  Some use paper ballots, while others use touch screens.  And, in Virginia, some voters must wear trash bags.

Yes, you read that correctly.  Trash bags.  Here's why, Virginia does not allow people to try and sway others politically within 40 feet of a polling place.  They have recently interpreted this as meaning that not only can you not try to actively sway voters, but you also can not passively express your own opinion.  So, voters who are wearing political t-shirts or buttons will be asked to cover them up or remove them.  Guys might be asked to turn a t-shirt inside out.  For those who need assistance complying with the rule, registrars will be passing out a variety of cover ups that range from choir robes to ponchos to trash bags with holes cut out for arms and head.

There are an amazing amount of rules and regulations surrounding elections.  Unfortunately, many people are ignorant of some of the things hidden in these rules that they should know.  For example, in many states the law requires companies to allow their employees to be late to work in the morning if they were voting and to pay them for the time that they weren't there. 

So, here are some tips to help you navigate your way through the craziness of Election Day.

Know where you're going to vote.  Double-check your voter's information pamphlet and, if need be, check online for your polling place.

Know what you need to bring with you.  Find out in advance if you need identification, and if so, what type.  Usually, driver's licenses are the preferred document but others, such as passports, are usually acceptable.

Find out if there are any special restrictions.  This includes things like whether or not you can wear political buttons or clothing to the polls.

Give yourself plenty of time.  The last thing you want to do is find yourself stuck in a line and either racing through your ballot or having to leave before you get the chance.

Before you blow off work the morning of the 4th, make sure you check with your company's employee handbook.  See what the company policy is about this time off from work.

Double-check your ballot.  Regardless of how you vote, take the time to make sure that your ballot clearly reflects your choices.

When in doubt, vote for Snoopy.  We'll get that beagle into office sooner or later!

In all seriousness, Election Day is an important day, and it is our right and our responsibility as citizens to make sure our voice is heard.  Take the time to vote on November 4th and wear that little flag sticker they give you with pride.

Related Links:

• Read about Virginia's ban on political garb.
• Find out the rules for absentee voting in person for your state.
• Read more about states who have same day voter registration.
• Read the Twelfth Amendment to the Constitution applying to the election of presidents.

Most of us have learned to recognize discrimination based on gender, race, disability, and religion.  What happens, though, when discrimination is far more subtle?  For example, when someone over the age of 40 is either passed over for a younger worker or fired in lieu of a younger worker, is that discrimination?  In most cases, it is indeed age discrimination, if the decision was based on the worker's age and not on their skill set or other quantifiable variables.  A prospective employer can skirt this issue when passing over an older, more experienced worker simply by declaring that it was cheaper to hire the younger, less experienced worker.

While many people either have experienced age discrimination or know someone who has, there are many other forms of discrimination.  For example, I lecture at a community college that recently demonstrated a more bizarre form of employment discrimination.  The college has been in desperate need for a Comparative Literature faculty member.  They require their teachers to hold a Master's degree.  It seems fairly straight forward, but here's where it gets crazy.  A woman, well-known to the department and highly qualified as a teacher, holds a Master's in Comparative Literature but cannot be hired for the job.  Why?  Because the job description states that the Master's degree must be in English.  It turns out this is a huge problem, and not just for this school, because at some point in the past someone declared that faculty members for a certain area could only hold certain types of degrees.  It's ludicrous, and I'm told it can't be changed.  So, the department remains without a faculty member and the teacher remains without a job.  This is my definition of insanity.

On the topic of discrimination there are really three things you need to know.

First, there are some characteristics based on which it is illegal to discriminate in the workplace.  These are:  race, ethnicity, religion, color, national origin, age (over 40), sex, family status, disability, veteran status, political affiliation, genetic information and, in some states, sexual orientation.

Second, if you feel you have been the victim of one of these forms of discrimination, you need to contact an employment attorney immediately.  Don't wait, because you want to make sure you give yourself time to find an attorney who can take on your case and act on it within the time required.

Third, while some cases are very obviously discrimination, it may be hard to prove.  This doesn't mean you should let a real injustice go unanswered.  It's just that you should keep in mind that there are dozens of legitimate reasons why you might not have gotten a job or a promotion that have nothing to do with discrimination.  If the employer can prove that they chose someone else for a legitimate reason (e.g., they wouldn't have to pay them as much, their resume was a better fit, etc.), then there is very little you can do about it.

Discrimination is a sensitive issue.  I myself was discriminated against in a job interview because my resume showed that I had spent two years working for a church.  Given how big a deal the recruiter made about that experience and his obvious discomfort with it, I'm not sure why he even bothered to call and interview me in the first place!  The funny thing was, based on his remarks, I had a very clear cut case of discrimination.  However, I was young, naïve, and unwilling to take legal action against someone who clearly didn't want me there, and who would make my life difficult if I did work there.  Ultimately, you have to ask yourself what is best for you.  Do you want to let it go, or do you want to fight it for yourself and for those who might come after you?  Either decision is difficult, so make sure you choose the one you can live with in the days and years ahead.

Related Links:

• Find more information and valuable resources relating to discrimination.
• Get the answers to frequently asked questions about discrimination.
• Know your rights in relation to discrimination and retaliation.
• Understand your rights regarding discrimination in job interviews.

I've previously posted about all the different kinds of insurance it is possible to obtain.  Now I want to talk about important things you should know about the insurance you already have.  When something changes that could affect items covered by an insurance policy, or when you or your company is faced with a claim that could eventually involve an insurance policy, the best thing you can do is call your insurance company as soon as possible.

After I graduated from college, I took a job working as a customer service representative for a home warranty company.  When something went wrong in someone's home—such as pipes leaking, air conditioner breaking, etc.—the customers would contact us.  My job was to then find a company that we contracted with (plumbers, electricians, and so on) to go out and fix the problem within 48 hours.  The only time there was ever a hiccup was when I had to tell a homeowner either that what was broken wasn't covered under their warranty or that we would not reimburse them for repairmen they hired without contacting us.  What I took away from the whole experience was to read every thing I ever signed very carefully and to always call a warranty or insurance company before doing anything myself.

Turns out that this is pretty standard operating procedure for any type of insurance coverage.  If you get into a wreck, call your insurance company before you have the car fixed.  If someone is suing you because they fell in your house, call your insurance company before calling anyone else.  The reasons for doing so are many:

The insurance company may have a specific way they want things handled.  This could be anything from the procedure they want you to follow when getting auto mechanic quotes to whether or not they will have a company lawyer defend you against a claim.

The insurance company likely has more experience than you and will help you understand what you have to do next.  It always helps to have someone step you through something, and when that thing involves money, or injury, or lawsuits, you'll be awfully glad for the insight and assistance.

Finally, and perhaps most crucial, if you don't contact your insurance company first you may void your policy or risk not being reimbursed.  That's right.  For example, imagine a professor sued his university after he was falsely accused of sexual harassment.  The university defended the case without telling their insurance carrier that they were being sued.  The result?  If the professor won, since the insurance carrier was not aware and could not have an opportunity to be part of the defense, the school would have to pay and not the insurance company.

Of course, there are plenty of times you should contact your insurance company besides when things go wrong.  Always make sure to contact your insurance broker when something happens that could alter or amend your policy.  If you get a new car, your teenager gets their driver's license, you make home improvements, you buy a new piece of art, or you hire a new employee, let any applicable agents know.  This way you can get your policy expanded or altered in order to make sure that you are covered in any event.

Many people put off dealing with insurance companies because it can be a hassle.  This is a dangerous attitude.  Instead, partner with your insurance agent to make sure they have your back regardless of what goes wrong in life.  Remember, if something happens, good or bad, that could possibly affect an insurance policy, call the insurance company as soon as possible.

Related Links:

• Get more information about renter's insurance.
• Get answers to frequently asked questions about car insurance.
• Find out more about insurance and how it works.

When I was younger, my great uncle used to do all his business in cash.  He explained to me that the farmers he dealt with didn't trust banks and it wasn't unheard of for people to carry around $25,000 in their car or have it stuffed under a mattress at home.  At the time I thought that was crazy, but with banks suddenly going under I'm starting to wonder if those men weren't on to something.

Anyone that's seen the film “It's a Wonderful Life” probably has never been able to get the image of the run on the bank and its subsequent closing out of their mind.  I know it was the first thing that popped into mine when I started hearing that banks were in trouble a few months ago.  However, I realized that I don't know very much about what my rights and risks are when it comes to banks or other financial institutions.  I did some research and it turns out that the single most important thing to know about a bank is whether or not it is insured by the Federal Deposit Insurance Corporation (FDIC).  If a bank is insured by the FDIC it will have a sign in the bank saying so.

It's the FDIC's job to insure deposits.  They've been doing that successfully for 75 years.  When a bank fails, it is turned over to the FDIC who then either sells the closed bank to another bank or settles all the accounts.  Typically the average consumer will not experience too much of an interruption in service.  If another bank takes over your bank, direct deposits to your account as well as outstanding checks will still be processed as they come in.

If the FDIC cannot find a bank to take over a closed bank, they will begin making payouts and settling affairs.  Typically, a single account such as a checking or savings account is insured for $100,000.  The FDIC would send you a check for the amount of money in your account as long as it does not go over this amount.  Anything over the limit will be seen as a claim against the bank and you will have to wait until the dust settles along with other creditors to get your money.

Also, if you have a loan from the failed bank, you will still need to repay it.  The FDIC will send you a letter in the mail giving you instructions on where to send payments.

There are a lot of banks that have failed this year, and several more that are in trouble.  However, that doesn't mean that the people who use those banks need to be worried as long as they do a few simple things.

Make sure your bank is FDIC insured.  Check for that sign in the bank mentioned above.

Talk to a bank representative about your specific accounts.  This is especially true if you have a significant amount of money deposited or accounts that go beyond standard checking and savings accounts (such as trusts or investment accounts).

If you have more than $100,000, consider splitting it between separate banks.  Multiple accounts held by the same bank (i.e. Bank of America) will be lumped together when determining a payout, so even if your $150,000 is spread evenly over three different accounts, you will still only be insured for $100,000.  Therefore, you should instead consider opening an account at a separate bank.  If you have an account at Bank of America and another at Wells Fargo, they are each insured for $100,000.

The bottom line is that, with a little proactive planning, you can make sure your money is safe regardless of what happens to your bank.  And that is very, very good news.  I guess this means that it's still safer to keep your money in the bank than under your mattress.  You'll likely sleep a lot better too!

Related Links:

• The FDIC maintains a list of failed banks.
• Get the facts about bank failure if you are a depositor, creditor, or borrower.

Do you know when your employer has the right to fire you?  If you're like most workers in the United States, the answer is "whenever they want to".  Most employment contracts will state that the employment is "at will".  This means that whenever the employer wants to let you go, they can.  This can make for a lot of uncertainty, especially in tough economic times.  The truth is, only a few employment contracts state that the employer has to have just cause to fire you.

The nice thing about at will employment is you, the employee, also have the right to quit whenever you want to, for any reason or for no reason.  The at-will contract is a two-way street offering the same benefits, and disadvantages, to both parties.  It means that you can walk away from your employer at any time, even if you're leaving in the middle of an important project or the loss of your skill or expertise will hurt the company.

You should read every employment contract carefully—and also employee handbooks—when accepting a new job.  The contract lays out the agreement between the parties and it will almost always say that the job is at-will.  If it doesn't say at-will in the contract then your company does not have the right to fire you for no reason whatsoever.  Oftentimes, contracts that don't have an at-will provision will instead have it set up so that you can be fired for just cause.  What “just cause” means will differ from company to company and you will need to familiarize yourself with the rules and procedures.

So, you might be asking yourself what you can do if you've been fired or you're afraid you might be.  If you have a contract that requires just cause for firing, and there does not seem to be a just cause as defined by your company, then you might have a case against your employer for breach of contract.  Many union positions have these kinds of contracts and you'll want to consult not only your employment agreement but also your union official.  If, however, your employment contract states that you have at-will employment, there is very little you can do unless you can show that your termination was due to discrimination.

That's right, discrimination trumps at-will clauses.  Companies are not allowed to discriminate on the basis of race, gender, creed, religion, or age.  If you feel that you were fired because of such discrimination, then you should seek the advice of an attorney.  You should be aware, however, that this could be very hard to prove.  If, however, you think you can show compelling evidence, such as something written in a termination letter, then it might be worth your time and effort to see what you can do about it.  At that point you have to ask yourself what your goal is, because odds are that you wouldn't want a job back at a place that was discriminating against you!

If you have questions about current employment contracts or ones you are thinking of signing, ask an attorney.  It's always best to know what you're agreeing to and what your rights and obligations are when you sign on the dotted line.

Related Links:

• Get the facts about discipline warnings, at will employment, and just cause employment.
• Find out more about employment contracts in general and laws regulating them in your state.

The more time people spend on computers, the more hazards are out there.  Viruses, malware, spyware and cookies are just some of the things that can download themselves to your computer with little or no warning.  You might think that this is only a risk for people who download files and visit questionable sites, but it can happen to anyone regardless of the way they spend their time online.

I was trying to find a replacement for a beloved, well-worn, discontinued stuffed animal.  I ended up searching online at all the popular venues such as eBay with no luck.  I finally did a search for the brand and make of the stuffed animal and the list came back with one item that actually looked promising.  I clicked on it, and when the site came up I was stunned to discover that it was a stuffed animal porn site!  I kid you not.  I closed the page as fast as I could but the images are still seared into my brain.   And, of course, sites just like this that trick you onto them often dump unwanted programs or data onto your computer.

If you've ever asked a website such as Yahoo! or Facebook to remember you and automatically log you on, then you have cookies.  While many seem to serve a useful function like saving you time on login, it is important to remember that they are still storing and accessing personal information on your computer.  Although cookies are often seen as a convenience, you should also be aware that someone accessing your computer can use your cookies to track where you go on the internet.

Spyware, in its most harmless versions, can be used to get your personal information, note your preferences and interests and then target you for spammers.  More harmful versions of spyware can grab more sensitive personal information like passwords and account numbers which can be used by identity thieves.

Malware can make your life difficult in a number of ways.  This is malicious software that can take a number of forms including viruses, Trojan horses, and spyware.  Using malware, people can steal your information, overwrite code so that when you make a payment it goes to someone other than the intended recipient, or use your computer to cover someone else's illegal activities.

It may take months to realize your computer is infected with malware or spyware.  One sign that you might have a problem is if your machine starts to run significantly slower.  Also, if you pull up a website and find that there are hyperlinks embedded in many keywords you might have a problem.  Pop-ups that continuously launch regardless of what website you're on can be caused by malware.  If your email program sends out a message to your entire address book that you didn't write, that's a sure sign that you have a problem.

There are several commercially-available products that can help safeguard and clean your computer.  Although popular antivirus software may claim to also take care of spyware and malware, it is often necessary to purchase a separate program designed specifically to deal with those problems.  When downloading software to handle these problems, be careful that the software itself doesn't contain any spyware or malware of its own.  To help protect against this, always download software from the maker, even when dealing with freeware.  Otherwise, you might find that some bit of malicious code is hitching a ride with the download.

The best thing you can do is be careful when you're surfing the net.  If you see something that doesn't seem right or your computer starts functioning in a different or impaired capacity, make sure you have it thoroughly checked.  Of course, with all things, an ounce of prevention is worth a pound of cure, so you can also consider installing a firewall program to protect you from information trying to dump itself onto your computer.

Related Links:

• Keep up to date on the latest threats to your system.
• Get the facts about disabling cookies and online privacy protection.
• Check out the government's internet crime complaint center.

I once worked in a law library where someone was downloading porn and filling up the hard drives of every computer on the library floor with it.  The login identification belonged to a school professor who faced some tough questions until they caught the real culprit—a night janitor who spent his time surfing instead of cleaning with a stolen login.  Can you say “fired?”  Actually there are two valuable lessons here.  First, don't use a work computer for personal reasons.  Second, don't be careless with your identification and login information.

Some companies are more lenient than others when it comes to what you do with a work computer, whether it's at your work station or a laptop you take home or on business trips.  Restrictions vary from company to company and violation of the policies can get you fired.  Knowing that, what can you do if you spend lunch at your desk and have an overwhelming need to play Scrabble on Facebook or shop for that last-minute birthday present on Amazon?

Know your company's internet and email policy.  Some employers allow employees to surf on their breaks, while some forbid it.  Ignorance of the rule is not going to get you a free pass.  Know what's expected and follow the rules.  Time limits and types of sites that may be accessed can vary even for companies that do allow some usage.  I've worked for companies that only allowed access to the company website and others that gave employees free reign as long as they were surfing on their own time.  You do not have a right of privacy for any of your activity on a work computer, including personal email and internet surfing.

Don't visit any sites you wouldn't want your boss catching you on.  This goes beyond the obvious such as porn or gambling sites.  Think twice before visiting political websites or the sites of competitors.  Job searches are also best done at home, especially if you don't want your boss knowing that you're thinking of leaving.  No matter how badly you want to check out your account on Monster, don't do it.  Many companies have the ability to track exactly where employees go online—and routinely do.  So, just because your boss may not be able to see your computer screen from where he's standing doesn't mean he can't see it from his own computer later on.

Don't disturb others in your office.  That means don't surf sites that require you to have the sound on.  You might think a YouTube video is hilarious but a coworker might find it offensive.  Avoid problems by not subjecting those around you to noise pollution that could distract them, upset them, or ultimately get you in trouble for some form of harassment.

Keep your private information private.  This goes not only for your computer login but also for any personal logins or credit card information you might use on websites.  You don't want someone to use your computer login to cover their own nefarious activities.  You also don't want to leave yourself logged on to a shopping website where someone can take advantage of you when you've stepped away for a minute.

In short, respect your company's rules, abide by them, and be considerate.  If your work doesn't suffer and coworkers aren't annoyed, then the chances of someone complaining about your computer use goes way down.

Next time: Internet Safety IV:  I Never Downloaded That!

Related Links:

• Get the facts about Employee Privacy in the Workplace.
• Know the dangers of internet and email usage for workers and employers.

Predators are everywhere in society.  Teachers, neighbors, relatives, and others can pose threats that seem hard to believe.  As parents are becoming more aware of the people who come into contact with their children, they need to make sure they also know who their kids are coming into contact with online.

Social networking sites like Facebook and MySpace are perfect for predators.  Many kids allow people they don't even know to access their information.  Unfortunately, what most people don't realize is just how much information about a particular person someone can collect this way.  If you're under eighteen, in order to create a Facebook account you have to put down the name of your school.  Although this is supposed to be a feature that protects kids, in reality revealing their school can put them in danger.  Now a predator has a picture, a name, and the school the child goes to.  This is more than enough information to target a particular kid and plan an assault or abduction.  Thanks to the search features, a predator can look for kids who go to a certain school or live within a certain town.

To make matters even worse, if the predator approaches the child, calls them by name, and seems to know them, it is highly likely that the child will believe whatever story they come up with.  "I work with your dad" or "I'm your friend Sharon's uncle, we met at her last birthday party".  A line like this can buy a predator time to get close enough to your child to harm them.

Aside from social networking sites, there are literally thousands of forums and chat rooms where a potential predator could meet your child.  Here's the thing that most don't realize: your child can be targeted even while visiting sites you might consider harmless.  For example, a twelve-year-old boy who is a fan of Star Trek may regularly post on one of the boards.  He can strike up a conversation with someone dangerous (who might even be posing as a child themselves).  After a few months, having developed a sense of familiarity, your child's new friend wants to meet, even for something innocuous like loaning or trading a cool book.  And, just like that, your sensible child with the excellent grades and the sweet demeanor is meeting a stranger at his school, the corner grocery, or even down the street.

So, as a parent, what can you do?  You can't keep your child off the internet.  There are simply too many places where they can get access.  Here's what you can do to help minimize your child's risk.

1.  Talk honestly with your kids about the dangers.  A blunt conversation can do far more to protect your child than your silence on the issue can.  If you know someone who has actually been targeted, this is the time to share the story to make it real to your kid.  Encourage them to come to you with any questions or concerns.

2.  Join the forums or social networking sites your kid spends time on and just observe.  Make it a condition of them joining.  Don't use this as an opportunity to be nosy, over-intrusive, or even social with your child.  Just keep tabs on their contacts and things that are posted on their site or by them elsewhere.  The goal is not for them to feel like your cramping their style, or that they have to find a way to sneak around you to talk privately with friends.  The goal is to keep an eye out for suspicious behavior by others.

3.  Encourage your child to discuss with you the interests they have and the people they interact with online and off.  Whatever you do, don't act like you're passing judgment.  As a parent, information is your greatest asset.  The more you know about your child, their friends, and activities, the faster you can identify potential threats.

Do what you can to make your child an equal partner in their protection.  It is better to have your child be aware of the danger and cautious than ignorant and rash.  Lots of people don't like to talk with their children about uncomfortable subjects like this because they don't want to distress them.  But the odds of your child getting at least propositioned on line are higher than you might think.  Preparing them to deal with that emotionally, and to protect themselves from those who might harm them, could save them a lot more distress than ignoring the problem would.

Up next: Internet Safety III: Internet and the Workplace

Related Links:

• Get information on the Children's Internet Protection Act.
• Look up sex offenders in your area with the national sex offender registry.

Computer safety, and particularly internet safety, is a huge issue that only becomes more complex as more and more people do more online.  There are several dangers that need to be avoided and I'll be talking about these in the next several posts.  The first one is identity theft.

The more we shop online or join social networking sites, the more we put our personal information out there.  Details as seemingly harmless as birth date or high school attended can be weapons in the hands of a thief and can help him steal your identity.  That said, there are some things you can do to protect yourself.

Avoid giving out too much information.  This goes for any site you visit.  If personal details are required of you, question why and what will be done to protect your privacy and security.

Only shop with retailers you trust.  Big name retailers such as Barnes and Noble have a lot to lose.  They will work harder to protect your security and their business.

Check with the Better Business Bureau.  If you have to buy something online from an unfamiliar retailer, see what other consumers and the Better Business Bureau have to say about them.  I know more than one person who has purchased a hard-to-find item online only to discover six weeks later that not only would they never see it, but also that the company they bought it from had disappeared.

Only make purchases on secure websites.  You should see an icon of a little padlock or some other indication at the bottom of your browser window when you are on a secure site.  The information you are sending is coded in such a way that it makes it harder to steal.

Buy a prepaid credit card.  Many grocery stores have kiosks that allow you to convert your coins to a cash voucher or load the money onto a prepaid credit card.  If you obtain one of these cards you can then control how much money is on the card and shop accordingly.  This way, if an identity thief grabs the credit card information, they won't spend all your money, empty your bank account, or destroy your credit.

If given the choice, don't set up an account that stores your payment information.  Not every site allows you to do this, but whenever possible make sure that the site does not store your payment information for return visits. 

Protect your account if you have one.  If you do have to set up an account and your personal information is kept on file, do what you can to protect it.  This includes changing your password frequently, never giving it out to anybody, and never leaving yourself logged in (or allowing the site to log you in automatically when you visit).  Coworkers, friends, and relatives might enjoy using your Ebay or Amazon account, but you'll end up footing the bill.

As with everything you do with your computer, think before you click.  With a few safety precautions, you can help protect your financial security.

Next Up:  Internet Safety II: Kids and Predators

Related Links:

• Check out a business with the Better Business Bureau.
• Find out more about minimizing your risk of identity theft.

When you need an attorney, the first thing you need to know is how to choose one.  The process can be confusing, and you may not know what to look for or what questions to ask.  Here are some questions that might make the process easier.

Area of Practice?  You wouldn't ask your dermatologist about a problem you’re having with your eyes.  It's the same with lawyers. The lawyer who handled your friend's divorce is probably not going to be able to help you when you experience workplace discrimination or need someone to defend you in a criminal trial.  Lawyers specialize in particular areas of law, so figuring out what type of lawyer you need and then searching by that type is the first step in selecting a lawyer.

Good Standing?  Whatever you do, make sure the attorney you choose is in good standing and hasn't had any disciplinary action from his or her state bar.  Each state's bar association website has a place where you can look up attorneys and get this information up front.

Experience or Enthusiasm?  Deciding whether to choose an attorney who has been practicing for years or one who is relatively fresh out of law school is a big decision and depends on what you are looking for.  An attorney with years of experience will have seen most variations on your particular problem and be ready with contingencies.  However, an attorney with less experience might be willing to go the extra mile to keep your business, find you every possible solution, and gain a reputation.  The question is, do you want someone who's seen it all or someone who's hungry and might be willing to take more risks or think a little farther outside the box?  The answer will depend not only on which you value more highly, but also on what kind of case you have.  If you're being prosecuted for a serious crime, obviously you're going to want someone with a strong criminal defense track record.  However, if you're suing someone for medical malpractice, an attorney who needs to make a name for him- or herself and enough money to keep the practice alive could be a lot more aggressive on your behalf or might even risk taking a case a more experienced practitioner would shy away from.

Firm or Single Practitioner?    This can be an important issue.  Having the extensive resources of a firm can be an advantage, but if you need to feel like you're dealing with the same couple of people throughout the process, this might not be for you.  If in doubt check out an attorney that works for a large firm and one who works for himself and ask questions about the process, including who will be handling different aspects of your case and who you will be in contact with frequently.  There are pros and cons to both, but ultimately your personal comfort will likely be the deciding factor.

What About the Money?  When choosing to work with a lawyer, find out up front what the fees are going to be.  Ask whether you will be charged a flat rate or billed per hour.  Depending on the type of case you have, will the lawyer take it on a contingency basis, where he or she gets paid only when (and if) you do?  Be as clear on this issue as possible because it will save a lot of grief in the long run.  If an attorney doesn't want to discuss this question with you honestly, find a different one who will.

Finding a good attorney is as important as finding a good doctor.  You need an attorney who will work with you, answer your questions, and respond promptly.  Don't be afraid to visit a few in your search.  Think about it like going to a dealership and test driving a couple of different cars.  Don't be afraid to ask questions.  Also, remember that being comfortable with an attorney is important.  He or she might be highly recommended, but if you don't feel at ease, then the relationship is not going to be a pleasant one and the odds that something will go wrong are high.  Be honest about your needs and share them upfront with the attorneys you interview.  Then choose the one you feel can best represent you.

Related Links:

• Find a lawyer with lawyers.com.
• Find out what questions you should ask a lawyer.
• Find out what the different areas of legal practice are, from Admiralty Law to Zoning and Land Use.
• Look up a lawyer on your state's bar association website.

It sometimes seems that friends and family are constantly in and out of doctor's offices and hospitals.  We once went six months straight with a different friend in the hospital each month.  Hospitals are amazing places staffed by people whose job it is to help you get better.  Unfortunately, that doesn't always happen.  Sometimes people are beyond help.  Worse yet, sometimes the actions or inactions of the doctors or nurses can unnecessarily injure or kill a patient.  This happened to a friend of mine almost five years ago.  She is still paying off the medical bills from her hospitalization despite the fact that her doctor committed medical malpractice and she came within a few hours of dying.  So, what's the problem, why is she paying off the bills, including the fees of the doctor that nearly killed her?  None of the attorneys she spoke to would take her case.  Why?  Because she lived.

That's right.  If she had died they would have been happy to help her husband go after the people responsible, but because she lived they felt the damage wasn't catastrophic enough.  Apparently weeks in the hospital, hundreds of thousands of dollars of medical bills that her insurance didn't cover, and inability to work for about a year wasn't catastrophic.  It was incomprehensible to me that medical professionals nearly killed her and then legal professionals did nothing to right the wrong.

I've done some research and discovered that my friend isn't the only one who has been left out in the cold.  It turns out one of the reasons attorneys are so picky about the cases they accept is that it is very hard to win a medical malpractice case.  The things an attorney will consider in taking your case are:  liability, damages, and who would pay the damages.  If you think you have a potential medical malpractice claim, here are some things you should consider in deciding what to do next.

Do you live in a state that requires you to first try to work things out through mediation or arbitration?  The process can vary from state to state so you may want to ask a legal professional in your state what to expect.

How long ago did this happen?  While there can be variants in different states' statutes of limitations, if what happened was over two years ago you may find it hard to bring your claim now.  Seek the advice of a lawyer on this for your state's particular rules and any factors that may extend the time you have to bring suit.

Was your doctor negligent?  Negligence can come in many forms.  Common ones include: misdiagnosing a problem, failure to treat a problem correctly, giving the wrong medication, and failing to warn you of the risks of surgery or other procedures.  Of course, even if your doctor did misdiagnose you, that doesn't automatically mean you can take him to court and win.  The question then becomes was that a common enough misdiagnosis that other doctors would have made the same mistake?  That leads to the next question.

How would your doctor's actions compare to those of other doctors?  If the average practitioner would have done the exact same thing, you're probably not going to be able to win a lawsuit.  Your doctor's actions have to be judged in light of a standard of care observed by doctors.  This guarantees that you can't go after a doctor just because he isn't on the cutting edge of research or number one in his field.  If your doctor's actions were in line with accepted medical practice, then he's probably covered.  However, if other doctors are surprised or perplexed by the actions of the one who caused your injury, you might be able to bring a case against him.

What damages did you suffer?  This is another one of those fuzzy areas.  Of course, some damages such as medical bills are obvious.  However, you also need to think in terms of loss of ability, pain and suffering and what the short and long term effects will be.  What makes this difficult is that this varies greatly from person to person.  For example, loss of a toe for a professional dancer could be much more catastrophic than for a banker.  The physical marring and the loss of balance could negatively impact a dancer's work and income whereas a banker should be able to do his work just fine without the toe.

There are a lot of factors that affect a medical malpractice case.  If you think you have one, seek out an attorney as soon as possible.  Keep in mind the above list so you know what to ask and what to expect from the meeting.  Don't be too shocked if the attorney refuses to take your case.  Do seek out a second opinion, just like you would from a doctor!  However, if multiple attorneys tell you the same thing then the best thing you can do for yourself is let it go.  Work on recovering physically and financially as fast as you can.  A lawyer can help you work out the details of your medical financial obligations and how to best handle them.  The important thing is to do what you can to minimize the impact and get on with the rest of your life and do your best to thrive, not just survive!

Related Links:

• Find out what you need to know about medical malpractice.
• Get answers to frequently asked questions about medical malpractice.