Con Men's Best Get-Rich-Quick Opportunity: Identity Theft2

By: Jack Payne
If and when it all falls apart anyway, despite your best preventive efforts, keep a record--names, phone numbers, and complete addresses where available--of all the people with whom you have discussed your case. Also, all supporting documents. Look at it this way: experience is great--it enables you to recognize mistakes when you make them again.

It should go without saying that you should be prepared against the intolerable temptations born of greed which lurk everywhere these days in our civilized jungle. If you were a blimp pilot you'd have a bird's eye view. Failing that, we suppose, the old fashioned way of book-lernin'-style study will have to do. Remember Murphy's Law of Combat: The cavalry doesn't always come to the rescue.

The Con Man's Blog, and first two chapters of Jack Payne's legal thriller book, Six Hours Past Thursday, are now available online. Both readable for free. You are invited. www.sixhrs.com

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Con Men's Best Get-Rich-Quick Opportunity: Identity Theft1

By Jack Payne
What we learn from history is that we do not learn from history. That's Identity theft. For some reason, these many horror stories appear to leave little or no impression on the public. Profoundly hard to understand.

We're sure you wouldn't drink a quart of milk just before riding a roller-coaster. You wouldn't enjoy the ride any more than you'd enjoy the response if you were to walk into a crowded bikers' bar and loudly yell, "You're all a bunch of pussies." We're sure that, on both counts, restraint would hold sway. In fact, you'd most likely flip to the other extreme. Why, then, at this other extreme,do so many people choose to live on the edge when it comes to guarding their identity against theft, when anyone can easily do so? This is one of the big riddles of modern life. A real puzzler. Too much restraint.

Look all around you. We all live in a highly commercialized world. This is a generally-accepted reality. Unfortunately, this very same stage of civilized advancement creates a throwback jungle to navigate, populated by con men at every turn. And, there we all are. Machete in hand, we must cut our way through this civilized thicket--every step of the way--carefully avoiding the headhunter identity thief hiding behind every bush.

Now, though, you can be the master of these shell games instead of the con men, move the peanuts around yourself. In past articles we've covered many of the essential defensive moves you can take. There are still more. Here they are:

> You don't want your credit status to be flypaper for con men. Review your consumer credit reports annually. Do this more frequently at the first hint of wrong-doing. It is important to know early in the game if anyone is opening accounts in your name without your consent. The 3 credit reporting agencies (and toll-free phone numbers) are:

Equifax, 800-525-6285. Experian, 888-397-3742, Trans Union, 800-680-7289.

> Never use your date of birth as a password. Same for your age. Too much help for the guessers. Using these dates would be like giving Bonnie and Clyde "his" and "her" shotguns.

> Never leave, intact, receipts behind--at ATMs,, on counters, at financial institutions, or at gas pumps. Reason for this should be misunderstood only by those with a room temperature I.Q.

> If you don't get a replacement credit card before your present one expires, complain loudly. In fact, it's probably a good idea to complain at least 30 days prior to expiration. Many do not realize it, but the internal policy of the credit card issuers is to send these out well in advance of deadline. Only ignore if you like the whooshing sound of deadlines as they go flying by.

> Same for monthly bills and financial statements. You do not want the computerized footprint of these to loiter in cyberspace too long, easily accessible by con men. Complain. Make sparks, if necessary. Sure, friction can be a drag, but overexposure can cause you a severe case of financial pneumonia.

The Con Man's Blog, and first two chapters of Jack Payne's legal thriller book, Six Hours Past Thursday, are now available online. Both readable for free. You are invited. www.sixhrs.com

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Buyer Beware: What You Need To Know About Lawyer Advertising 2

By: Christopher Davis
**Sometimes the lawyer's advertising can negatively affect your own case. If your case goes to trial and jurors recognize your lawyer from his advertising, it may undermine your lawyer's credibility during trial. Do you want jurors to remember your lawyer as the one who can get BIG MONEY DAMAGES or FAST SETTLEMENTS $$$ for pain and suffering?? Jurors watch television, too, you know.

Lawyer TV Ads: A word to the wise Did you know that there are companies that offer prewritten and pre-shot TV commercials for personal injury attorneys? You've probably seen one. Sometimes a famous actor is used (like Robert Vaughan, William Shatner or Eric Estrada). Other times an attractive man or woman is shown speaking behind a desk or holding a legal book or doing something else to act like a lawyer. The person says something like, ¡§If you've been in an accident, get the money you deserve. Speak to an attorney for free. Call 1-800-XXXXXXX.¡¨ What you need to know is that many times your call is routed to a call center that randomly sends your call to the next attorney ¡§in line.¡¨ The next one "in line" is an attorney who has actually paid a hefty fee to be on the ¡§list.¡¨ Any attorney with enough money can pay to be on the list, including attorneys who have never tried a case in court. Many times the attorney who has paid the fee is not necessarily the most experienced lawyer for your case. Now I'm not saying that all attorneys who use TV advertising are inexperienced. But you should not rely on TV advertising alone when choosing a lawyer. Just a word to the wise.

Case Study: T.V. Personal Injury Lawyer Fails Client

Here's a sad story about a lawyer who advertised on T.V. in Rochester, New York. The attorney, Jim Schapiro, ran aggressive T.V. commercials which promised to obtain large financial settlements for victims, referred to himself as "the meanest, nastiest S.O.B. in town" and claimed to have aggressive courtroom prowess. Schapiro, who called himself "The Hammer" had law offices in the states of New York and Florida.

In 2002, one of Schapiro's clients, Christopher Wagner, sued Schapiro for malpractice. Mr. Wagner had been injured in a car accident and had responded to one of Mr. Schapiro's television ads. Mr. Wagner alleged that he had incurred medical bills of $182,000 but that Schapiro's firm advised him to accept a settlement of only $65,000 from the driver and then promised that he could get more money by filing suit against the state of New York. It turned out that the state had no liability for the accident and Schapiro never pursued Mr. Wagner's case further.

In a video deposition, Jim Schapiro testified that he had never tried a personal injury case in court and that he had been living in Florida for the last seven years. Mr. Wagner's attorney also discovered that Schapiro's Rochester law firm staffed just one lawyer who had only tried four cases. A New York jury found that Schapiro had engaged in misleading and deceptive advertising and that he committed malpractice. Schapiro was ordered to pay $1.5 million to Wagner.

Consequently, in 2004 Schapiro was suspended for practicing law for one year by the State of New York. In 2005, Schapiro was then suspended from practicing law in Florida for one year. In 2004, four additional clients sued Schapiro alleging that he had engaged in misleading advertising and had committed malpractice. Thereafter Schapiro stopped practicing law and instead now writes books for injury victims.

Mr. Davis is the founder and CEO of the Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. http://www.InjuryTrialLawyer.com . Mr. Davis is the author of "The Ten Biggest Mistakes That Can Wreck Your Washington Accident Case" comlimentary copies are availalbe at http://www.washingtonaccidentbook.com

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