I am nearing the close of my 24th week of pregnancy and I have to say that it is pretty cool to feel the baby move. But I also have to say, it doesn't feel like a flutter. I don't feel like I have butterflies in my stomach. When the baby moves, the baby pokes you like a poke on Facebook. It is a poke you feel not a flutter. It was hard to imagine a flutter in the earlier weeks of pregnancy but a poke is a better word for it. You can imagine a poke.
I felt light pokes this week.
Overall, I have had a pretty good pregnancy. Nothing out of the normal. I have carpal tunnerl, acid reflux galore, and even an ear infection that has left me deaf to one ear. I seriously hope all these will soon pass.
Thursday, December 16, 2010
Thursday, December 9, 2010
From Career to Expecting Mom
Time for an update of this blog. I quit the job as a paralegal a couple month back because I am expecting a baby. The decision wasn't an easy one but it was the right one. I wanted a stress free pregnancy. Being a paralegal, and working for lawyers can be stressful.
So far, I don't regret my decision to quit. I am enjoying pregnancy and the journey before delivery. Up until a couple weeks, I didn't feel pregnant because I was not showing much. I am 23 weeks and 5 days pregnant. Now the belly is really growing. I still don't feel the baby moving but it is moving.
In keeping with the theme of this blog, I am going to talk about the day to day grind of parenting and how one can be successful at being a parent, a mommy, a daddy. Motherhood and fatherhood is a job just like any other job and whether you work outside the home or stay home, you have to juggle and balance life to accomodate your kids. I will talk about my husband and how he juggles fatherhood and career, and I will talk about motherhood and how life has changed for me.
It will be a journey worth taking and full of excitement. Looking forward to it.
So far, I don't regret my decision to quit. I am enjoying pregnancy and the journey before delivery. Up until a couple weeks, I didn't feel pregnant because I was not showing much. I am 23 weeks and 5 days pregnant. Now the belly is really growing. I still don't feel the baby moving but it is moving.
In keeping with the theme of this blog, I am going to talk about the day to day grind of parenting and how one can be successful at being a parent, a mommy, a daddy. Motherhood and fatherhood is a job just like any other job and whether you work outside the home or stay home, you have to juggle and balance life to accomodate your kids. I will talk about my husband and how he juggles fatherhood and career, and I will talk about motherhood and how life has changed for me.
It will be a journey worth taking and full of excitement. Looking forward to it.
Tuesday, October 5, 2010
Ice Breaker
Recently, my husband and I joined toastmasters. We have to give so many speeches and evaluate so many speeches.
About 2 weeks ago, we were give ice breakers speeches. We are supposed to talk about ourselves. I thought how bad can it be to talk about oneself? It has been a week now, and I can't come up with a single thing to talk about. I keep asking myself, what is interesting about me? What do people want to know about me that is worth sharing. I am boring! =D Course, I kid myself. I am not really boring but thinking about me is difficult!
For starters, I came up with a tagline for myself.
I am dynamic and tenacious!
Marla, a class of it’s own.
Simply Marla.
Every Marla has a story.
Haha! Don't laugh!
Ok... ok... here is my outline.
I was born and raised in Miami, Florida. My immediate family came to the USA in the early 1960s and became refugees. I have 2 brothers: my eldest brother, Maui was a wild one when he was younger, and my youngest brother, Marcos was the cutey one with blond hair and green eyes. I am the middle child. They say the middle child is just that, stuck in the middle, and wondering what part they play in the family. Up until this day, I am still trying to figure that out that part.
My grandparents were a big part of our upbring and childhood, and they helped shape us. They picked us up from school and baby sat us until my mother came to pick us up.
Sometimes, when my Abuelo would come home from work-- My abuelo was a cabnet carpentar and the best there was in Miami. His wood work was precise-- Well... as precise as his expectations of us. He expected us to go to school and do our best to do well. He expected all of us to attend college and graduate with whatever it was we wanted to do. His favorite saying after I would tell him what flavor of career I wanted today, was always, "Si, pero, estudia. No importa que estudes solo que estudies." He sounded like a broken record at times but it stuck in my head so much so that I ended up getting an education.
It took me 10 years to acquire my Bachelor of Arts but got it by golly, I got it! I tried to go for an even higher degree in law but met head on with failure. Nevertheless, I wanted a law degree so much, I turned to lower degree at the undergraduate level and obtained my paralegal certificate. Thus, today I have a paralegal certificate and I am working with a fine lawyer.
Second to studying, my abuelo would stress over and over again how important it was for us to learn Spanish well. He would say, "Aprende el espanol bien y aprende el castellano! Algun dia lo vas a necesitar. He would lecture how Spanish is Spanish and if you learn the castillion, you can speak to all Spanish speakers. Like most young people, I said yea yea yea, I know.
Now I look back on those days, and I think, my abuelo was a sage.
Consequently, I did listen to my abuelo because today I use my Spanish more than ever and my education has elevated my status.
However, if it hadn't been for my dear husband, I would not have completed that education. For, it would have taken me a century to complete. Not only that, but I moved away from home at 21 and little did I know how much I'd struggle. When I moved to Colorado back in 1994, I had no idea how hard it would be to make ends meet on a mere high school education. My initial work experience has taught me the value of a good education and the value of hard work.
About 2 weeks ago, we were give ice breakers speeches. We are supposed to talk about ourselves. I thought how bad can it be to talk about oneself? It has been a week now, and I can't come up with a single thing to talk about. I keep asking myself, what is interesting about me? What do people want to know about me that is worth sharing. I am boring! =D Course, I kid myself. I am not really boring but thinking about me is difficult!
For starters, I came up with a tagline for myself.
I am dynamic and tenacious!
Marla, a class of it’s own.
Simply Marla.
Every Marla has a story.
Haha! Don't laugh!
Ok... ok... here is my outline.
I was born and raised in Miami, Florida. My immediate family came to the USA in the early 1960s and became refugees. I have 2 brothers: my eldest brother, Maui was a wild one when he was younger, and my youngest brother, Marcos was the cutey one with blond hair and green eyes. I am the middle child. They say the middle child is just that, stuck in the middle, and wondering what part they play in the family. Up until this day, I am still trying to figure that out that part.
My grandparents were a big part of our upbring and childhood, and they helped shape us. They picked us up from school and baby sat us until my mother came to pick us up.
Sometimes, when my Abuelo would come home from work-- My abuelo was a cabnet carpentar and the best there was in Miami. His wood work was precise-- Well... as precise as his expectations of us. He expected us to go to school and do our best to do well. He expected all of us to attend college and graduate with whatever it was we wanted to do. His favorite saying after I would tell him what flavor of career I wanted today, was always, "Si, pero, estudia. No importa que estudes solo que estudies." He sounded like a broken record at times but it stuck in my head so much so that I ended up getting an education.
It took me 10 years to acquire my Bachelor of Arts but got it by golly, I got it! I tried to go for an even higher degree in law but met head on with failure. Nevertheless, I wanted a law degree so much, I turned to lower degree at the undergraduate level and obtained my paralegal certificate. Thus, today I have a paralegal certificate and I am working with a fine lawyer.
Second to studying, my abuelo would stress over and over again how important it was for us to learn Spanish well. He would say, "Aprende el espanol bien y aprende el castellano! Algun dia lo vas a necesitar. He would lecture how Spanish is Spanish and if you learn the castillion, you can speak to all Spanish speakers. Like most young people, I said yea yea yea, I know.
Now I look back on those days, and I think, my abuelo was a sage.
Consequently, I did listen to my abuelo because today I use my Spanish more than ever and my education has elevated my status.
However, if it hadn't been for my dear husband, I would not have completed that education. For, it would have taken me a century to complete. Not only that, but I moved away from home at 21 and little did I know how much I'd struggle. When I moved to Colorado back in 1994, I had no idea how hard it would be to make ends meet on a mere high school education. My initial work experience has taught me the value of a good education and the value of hard work.
Saturday, July 31, 2010
Phenomenal Woman
Pretty women wonder where my secret lies.
I'm not cute or built to suit a fashion model's size
But when I start to tell them,
They think I'm telling lies.
I say,
It's in the reach of my arms
The span of my hips,
The stride of my step,
The curl of my lips.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
I walk into a room
Just as cool as you please,
And to a man,
The fellows stand or
Fall down on their knees.
Then they swarm around me,
A hive of honey bees.
I say,
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
Men themselves have wondered
What they see in me.
They try so much
But they can't touch
My inner mystery.
When I try to show them
They say they still can't see.
I say,
It's in the arch of my back,
The sun of my smile,
The ride of my breasts,
The grace of my style.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
Now you understand
Just why my head's not bowed.
I don't shout or jump about
Or have to talk real loud.
When you see me passing
It ought to make you proud.
I say,
It's in the click of my heels,
The bend of my hair,
the palm of my hand,
The need of my care,
'Cause I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
by Maya Angelou
I'm not cute or built to suit a fashion model's size
But when I start to tell them,
They think I'm telling lies.
I say,
It's in the reach of my arms
The span of my hips,
The stride of my step,
The curl of my lips.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
I walk into a room
Just as cool as you please,
And to a man,
The fellows stand or
Fall down on their knees.
Then they swarm around me,
A hive of honey bees.
I say,
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
Men themselves have wondered
What they see in me.
They try so much
But they can't touch
My inner mystery.
When I try to show them
They say they still can't see.
I say,
It's in the arch of my back,
The sun of my smile,
The ride of my breasts,
The grace of my style.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
Now you understand
Just why my head's not bowed.
I don't shout or jump about
Or have to talk real loud.
When you see me passing
It ought to make you proud.
I say,
It's in the click of my heels,
The bend of my hair,
the palm of my hand,
The need of my care,
'Cause I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
by Maya Angelou
Friday, July 30, 2010
Opportunity
They do me wrong who say I come no more
When once I knock and fail to find you in;
For every day I stand outside your door,
And bid you wake, and rise to fight and win.
Wail not for preciouschances passed away;
Each night I burn the records of the day;
At sunrise every soul is born again.
Laugh like a [child] at splendors that have sped
To vanished joys be blind and deaf and dumb;
My judgments seal the dead past with its dead,
But never bind a moment yet to come.
Though deap in mire wring not your hands and weep,
I lend my arm to all who say, "I can!"
No shamefaced outcast ever sank to deep
But yet might rise and be again a man! Dost thou behold thy lost youth all aghast?
Dost reel from righteous retribution's blow?
Then turn from blotted archives of the past
And find the future's pages white as snow.
Art thou a mourner? Rouse thee from thy spell;
Art thou a sinner? Sin may be forgive;
Each morning gives thee wings to flee from hell,
Each night a star to guide thy feet to heaven.
by Walter Malone
I will kid you not, I often have to repeat to myself as Lincoln did, "And this, will soon pass."
When once I knock and fail to find you in;
For every day I stand outside your door,
And bid you wake, and rise to fight and win.
Wail not for preciouschances passed away;
Each night I burn the records of the day;
At sunrise every soul is born again.
Laugh like a [child] at splendors that have sped
To vanished joys be blind and deaf and dumb;
My judgments seal the dead past with its dead,
But never bind a moment yet to come.
Though deap in mire wring not your hands and weep,
I lend my arm to all who say, "I can!"
No shamefaced outcast ever sank to deep
But yet might rise and be again a man! Dost thou behold thy lost youth all aghast?
Dost reel from righteous retribution's blow?
Then turn from blotted archives of the past
And find the future's pages white as snow.
Art thou a mourner? Rouse thee from thy spell;
Art thou a sinner? Sin may be forgive;
Each morning gives thee wings to flee from hell,
Each night a star to guide thy feet to heaven.
by Walter Malone
I will kid you not, I often have to repeat to myself as Lincoln did, "And this, will soon pass."
Thursday, July 29, 2010
There is a lesson in every failure
We can turn failure into advantage and make them serve as a tow-line with wich to pull ourselves ashore if we observe and profit by the lessons they teach.
'Tis the human touch in this world that counts,
The touch of your hand and mine,
Which means far more to the fainting heart,
Than shelter and bread and wine;
For shelter is gone when the
night is o'er,
And bread lasts only a day,
But the touch of the hand
and the sound of the
voice,
Sing on in the soul away.
by Spencer M Tree
_______________________________
Who ne'ver has suffered, he has lived but half,
Who never failed, he never strove,
Who never doubted never thought.
I will never give up the battle!
For I rather go down like the great men of history, Socrates, Christopher Columbus, Thomas Paine, as one who was brave enough to place humanity above the individual and principle above pecuniary gain.
I am grateful for the defeats that most people call failure, because I know if I keep on keeping on (keep trying) in the end, I will get the chance to prove my ability and rise to heights of acheivement in my chosen field.
No one can call me a failure but myself and as the wealthy philosopher, Croesus, once said:
"I am reminded, O king, and take this lesson to
heart, that there is a wheel on which the affairs
of men revolve and its mechanism is such that it
prevents any man from being always fortunate."
When I look upon the many lessons life has brought me, I make it my mantra to say to myself:
I believe in myself and do your best as honestly and earnestly as you possibly can.
'Tis the human touch in this world that counts,
The touch of your hand and mine,
Which means far more to the fainting heart,
Than shelter and bread and wine;
For shelter is gone when the
night is o'er,
And bread lasts only a day,
But the touch of the hand
and the sound of the
voice,
Sing on in the soul away.
by Spencer M Tree
_______________________________
Who ne'ver has suffered, he has lived but half,
Who never failed, he never strove,
Who never doubted never thought.
I will never give up the battle!
For I rather go down like the great men of history, Socrates, Christopher Columbus, Thomas Paine, as one who was brave enough to place humanity above the individual and principle above pecuniary gain.
I am grateful for the defeats that most people call failure, because I know if I keep on keeping on (keep trying) in the end, I will get the chance to prove my ability and rise to heights of acheivement in my chosen field.
No one can call me a failure but myself and as the wealthy philosopher, Croesus, once said:
"I am reminded, O king, and take this lesson to
heart, that there is a wheel on which the affairs
of men revolve and its mechanism is such that it
prevents any man from being always fortunate."
When I look upon the many lessons life has brought me, I make it my mantra to say to myself:
I believe in myself and do your best as honestly and earnestly as you possibly can.
Anything good reguires a lot of sand
It takes courage and lots of courage to look upon defeat as a blessing in disguise; but any position in life that is worth having requires a lot of sand.
This poem, by an uknown author says exactly what I am thinking.
I observed a locomotive in the railroad yards one day,
It was waiting in the roundhouse where the locomotives stay;
It was panting for the journey, it was coaled and fully manned,
And it had a box the fireman was filling full of sand.
It appears that locomotives cannot always get a grip
On their slender iron pavement, 'cause the wheels are apt to slip;
And when they reach a slippery spot, their tactics they command,
And to get a grip upon the rail, they sprinkle it with sand.
It's about the way with travel along life's slippery track -
If your load is rather heavy, you're always slipping back;
So, if a common locomotive you completely understan,
You'll provide yourself in starting with a good supply of sand.
If your track is steep and hilly and you have a heavy grade,
If those who've gone before you have the rails quite slippery made,
If you ever reach the summit of the upper tableland,
You'll find you'll have to do it with a liberal use of sand.
If you strike some frigid wheather and discover to your cost
that you're liable to slip upon a heavy coat of frost,
Then some prompt decided action will be called into demand,
And you'll slip 'way to the bottom if you haven't any sand.
You can get to any station that is on life's schedule seen,
If there's fire beneath the boiler of ambition's strong machine,
And you'll reach a place called Flushtown at a rate of speed that's grand,
If for all the slippery places you've a good supply of sand.
This poem, by an uknown author says exactly what I am thinking.
I observed a locomotive in the railroad yards one day,
It was waiting in the roundhouse where the locomotives stay;
It was panting for the journey, it was coaled and fully manned,
And it had a box the fireman was filling full of sand.
It appears that locomotives cannot always get a grip
On their slender iron pavement, 'cause the wheels are apt to slip;
And when they reach a slippery spot, their tactics they command,
And to get a grip upon the rail, they sprinkle it with sand.
It's about the way with travel along life's slippery track -
If your load is rather heavy, you're always slipping back;
So, if a common locomotive you completely understan,
You'll provide yourself in starting with a good supply of sand.
If your track is steep and hilly and you have a heavy grade,
If those who've gone before you have the rails quite slippery made,
If you ever reach the summit of the upper tableland,
You'll find you'll have to do it with a liberal use of sand.
If you strike some frigid wheather and discover to your cost
that you're liable to slip upon a heavy coat of frost,
Then some prompt decided action will be called into demand,
And you'll slip 'way to the bottom if you haven't any sand.
You can get to any station that is on life's schedule seen,
If there's fire beneath the boiler of ambition's strong machine,
And you'll reach a place called Flushtown at a rate of speed that's grand,
If for all the slippery places you've a good supply of sand.
Wednesday, July 28, 2010
When Nature Wants to Make a Man
There is no failure for the man or woman that fights on. A man or woman has never failed until (s)he accepts temporary defeat as failure. The is a BIG difference between temporary defeat and failure.
Here is a poem by Angela Morgan a turn of the 19th century poet. Her poems express the theory that adversity and defeat are generally blessings in disguise.
When Nature wants to drill a man,
And thrill a man,
And skill a man,
When nature wants to mold a man
To play the noblest part;
When she yearns with all her heart
To create so great and bold a man
That all the world shall praise --
Watch her method, watch her ways!
How she ruthlessly perfects
Whome she royally elects;
How she hammers him and hurts him,
And with mighty blows converts him,
Into trial shapes of clay which only Nature understands -
While his tortured heart is crying and he lifts beseeching hands!
How she bends, but never breaks,
When his good she undertakes...
How she uses whom she chooses
And with every purpose fuses him,
By every art induces him
To try his splendor out -
Nature knows what she's about.
When Nature wants to take a man,
And shake a man,
And wake a man;
When Nature wants to make a man
To do the Future's will;
When she tries with all her skill
And she yearns with all her soul
To create him large and whole...
With what cunning she prepares him!
How she goads and never spares him,
How she whets him, and she frets him,
And in poverty begets him...
How she often disappoints
Whom she sacredly anoints,
With what wisdom she will hide him,
Never minding what betide him
Though his genius sob with slighting and his pride not forgot!
Bids him struggle harder yet.
Makes him lonely
So that only
God's high messages shall reach him,
So that she may surely teach him
What the Hierarchy planned.
Though he may not understand.
Gives him passions to command.
How remorselessly she spurs him
With terrific ardor stirs him
When she poignantly prefers him!
When Nature wants to name a man
And fame a man
And tame a man;
When Nature wants to shame a man
To do his heavenly best...
When she tries the highest test
That she reckoning may bring -
When she wants a god or king!
How she reins him and restrains him
So his body scarce contains him
While she fires him
And inspires him!
Keeps him yearning, ever burning for a tantalizing goal -
Lures and lacerates his soul.
Sets a challenge for his spirit,
Draws it higher when he's near it -
Makes a jungle, that he clear it;
Makes a desert that he fear it
And subdue it if he can -
Do doth Nature make a man.
Then, to test his spirit's wrath
Hurls a mountain in his path -
Puts a bitter choice before him
And relentlessly stand o'er him.
"Climb, or perish" so she says...
Watch her purpose, watce her ways!
Nature's plan is wonderous kind
Could we understand her mind...
Fools are they who call her blind.
When his feet are torn and bleeding
Yet his spirit mounts unheeding,
All his higher powers speeding,
Blazing newer paths and fine;
When the force that is divine
Leaps to challenge every failure and his ardor still is sweet
And love and hope are burning in the presence of defeat...
Lo, the crisis! Lo, the shout
That must call the leader out.
When the people need salvation
Doth he come to lead a nation...
Then doth Nature show her plan
When the world has found - a MAN!
--------------------------------
Defeat talks to us in a language all its own; a language to which we must listen whether we like it or not.
Here is a poem by Angela Morgan a turn of the 19th century poet. Her poems express the theory that adversity and defeat are generally blessings in disguise.
When Nature wants to drill a man,
And thrill a man,
And skill a man,
When nature wants to mold a man
To play the noblest part;
When she yearns with all her heart
To create so great and bold a man
That all the world shall praise --
Watch her method, watch her ways!
How she ruthlessly perfects
Whome she royally elects;
How she hammers him and hurts him,
And with mighty blows converts him,
Into trial shapes of clay which only Nature understands -
While his tortured heart is crying and he lifts beseeching hands!
How she bends, but never breaks,
When his good she undertakes...
How she uses whom she chooses
And with every purpose fuses him,
By every art induces him
To try his splendor out -
Nature knows what she's about.
When Nature wants to take a man,
And shake a man,
And wake a man;
When Nature wants to make a man
To do the Future's will;
When she tries with all her skill
And she yearns with all her soul
To create him large and whole...
With what cunning she prepares him!
How she goads and never spares him,
How she whets him, and she frets him,
And in poverty begets him...
How she often disappoints
Whom she sacredly anoints,
With what wisdom she will hide him,
Never minding what betide him
Though his genius sob with slighting and his pride not forgot!
Bids him struggle harder yet.
Makes him lonely
So that only
God's high messages shall reach him,
So that she may surely teach him
What the Hierarchy planned.
Though he may not understand.
Gives him passions to command.
How remorselessly she spurs him
With terrific ardor stirs him
When she poignantly prefers him!
When Nature wants to name a man
And fame a man
And tame a man;
When Nature wants to shame a man
To do his heavenly best...
When she tries the highest test
That she reckoning may bring -
When she wants a god or king!
How she reins him and restrains him
So his body scarce contains him
While she fires him
And inspires him!
Keeps him yearning, ever burning for a tantalizing goal -
Lures and lacerates his soul.
Sets a challenge for his spirit,
Draws it higher when he's near it -
Makes a jungle, that he clear it;
Makes a desert that he fear it
And subdue it if he can -
Do doth Nature make a man.
Then, to test his spirit's wrath
Hurls a mountain in his path -
Puts a bitter choice before him
And relentlessly stand o'er him.
"Climb, or perish" so she says...
Watch her purpose, watce her ways!
Nature's plan is wonderous kind
Could we understand her mind...
Fools are they who call her blind.
When his feet are torn and bleeding
Yet his spirit mounts unheeding,
All his higher powers speeding,
Blazing newer paths and fine;
When the force that is divine
Leaps to challenge every failure and his ardor still is sweet
And love and hope are burning in the presence of defeat...
Lo, the crisis! Lo, the shout
That must call the leader out.
When the people need salvation
Doth he come to lead a nation...
Then doth Nature show her plan
When the world has found - a MAN!
--------------------------------
Defeat talks to us in a language all its own; a language to which we must listen whether we like it or not.
Tuesday, July 27, 2010
The Dumb Language of Defeat
This language is the simplest and most effective language of all, and I am beginning to understand it. This language is natures way of say, "Hey Marla! Listen up girl! There is a lesson to be learned and there is no other way to learn it than by me cry out to you and making you learning through failure!"
I am glad that I have encountered much defeat in my life! Because it has given me the courage to undertake tasks that I would never have begun had I been surrounded by protecting influences. Influences that I have always had in my childhood, and have in adulthood.
Defeat is a blessing in disguise!
Joaquin Miller is an American Poet of the 19th Century (died in the early part of the 20th Century). He expressed a notable thought in the following poem:
"All honor to him who shall win a prize."
The world has cried for a thousand years;
But to him who tries, and who fails, and dies,
I give great honor, and glory, and tears.
Give glory and honor and pitiful tears
To all who fail in their deeds sublime;
Their ghosts are many in the van of years,
They were born with Time, in advance of Time.
Oh, great is the hem who wins a name;
But greater many, and many a time, Some pale-faced fellow who dies in shame
And lets God finish the thought sublime.
And great is the man with a sword undrawn,
And good is the man who refrains from wine;
But the man who fails and yet still fights on,
In, he is the twin-brother of mine.
There is no failure to a man or a woman who fights on.
A man or a woman never fails until he or she accepts temporary defeat as failure.
I am glad that I have encountered much defeat in my life! Because it has given me the courage to undertake tasks that I would never have begun had I been surrounded by protecting influences. Influences that I have always had in my childhood, and have in adulthood.
Defeat is a blessing in disguise!
Joaquin Miller is an American Poet of the 19th Century (died in the early part of the 20th Century). He expressed a notable thought in the following poem:
"All honor to him who shall win a prize."
The world has cried for a thousand years;
But to him who tries, and who fails, and dies,
I give great honor, and glory, and tears.
Give glory and honor and pitiful tears
To all who fail in their deeds sublime;
Their ghosts are many in the van of years,
They were born with Time, in advance of Time.
Oh, great is the hem who wins a name;
But greater many, and many a time, Some pale-faced fellow who dies in shame
And lets God finish the thought sublime.
And great is the man with a sword undrawn,
And good is the man who refrains from wine;
But the man who fails and yet still fights on,
In, he is the twin-brother of mine.
There is no failure to a man or a woman who fights on.
A man or a woman never fails until he or she accepts temporary defeat as failure.
Wednesday, July 21, 2010
Horse Sense
"Flaming enthusiasm, backed up by horse sense and persistence, is the quality that most frequently makes for success." -- Dale Carnegie
So to be successful, one needs some horse sense. What exactly does this mean? It means looking beyond yourself to maximize your full potential through others.
I guess you can say that you cannot get anywhere worthy without other people helping you along the way.
I am learning I can't do it on my own.
Salve Maria... ayudame porque me muero! Me ahogo!
So to be successful, one needs some horse sense. What exactly does this mean? It means looking beyond yourself to maximize your full potential through others.
I guess you can say that you cannot get anywhere worthy without other people helping you along the way.
I am learning I can't do it on my own.
Salve Maria... ayudame porque me muero! Me ahogo!
Tuesday, July 20, 2010
Slap in the face Baby Shower!
I just received a baby shower invitation from a "supposed" close friend of my husband, yet this person didn't even acknowledge my husband when he was in the hospital.
Her invitation comes as a slap in the face. I feel bad for her and annoyed at the same time, which I just don’t think is the desired reaction from a baby shower invitation.
Her invitation comes as a slap in the face. I feel bad for her and annoyed at the same time, which I just don’t think is the desired reaction from a baby shower invitation.
USPS nightmare
Have you ever been the victim of a lost or misdelivered or damaged package sent via the US Govt Postal Service?
I have. What follows is a detailed letter to Postal Service for an insured package lost by destination postal service branch.
My goal was to have the right balance of pithy treatment yet with adequate detail; threatening yet sensible suggestion for resolving this matter; formal yet the sense that a forceful, persistant human being has written the letter.
-----------------------------------------------
November 2, 2009
CLAIM APPLEALSACCOUNTING SERVICES
PO BOX 80141
ST LOUIS, MO 63180-0141
Subject: Package not delivered
Claim ID: 1321187
Case number: CA100142347
Insurance label number is 13080370000098523759
I, [deleted], am the shipper of the package that was presumably delivered. This letter is in response to your denial of my claim. I write to demand immediate payment of the $90.00 for the insured package that was never delivered.
On September 23, 2009 I mailed a 19.6 lb package containing birthday presents for my niece and nephews and my sister-in-law, [deleted]. Per your records this package was delivered on Monday, September 28, 2009 at 12:44 p.m. However, this package, was in fact, not delivered to the recipients I shipped the package to.
Accordingly, I made a claim with the 1800 clerk to investigate why the package was not delivered and the clerk said they will forward to the Snapper Creek Postal Service Branch in Miami, Florida. According to a clerk at the above mentioned branch, the package was scanned by another mail carrier not the carrier that delivers to my sister-in-laws address [deleted], Miami, FL 33176-1799. The carrier that delivers to that address is Route 42.
This matter was handled very poorly by this branch. First, the service provided by this branch has been nothing efficient. I was given evasive excuses, made to wait for hours on the phone, and even experienced rudeness. Who is in a better position to solve this problem—your office?
Furthermore, I called the 1(800) number again on Thursday, October 22, 2009 at 7:00 a.m. and the clerk advised, I call the Snapper Creek Branch and ask them to advocate for me. I called the branch at 7:20 a.m. after hanging up with the 1800 clerk. A lady by the name of Izabel answered the phone, she said she would investigate the problem placed me on hold for nearly two hours. I called again, and a George answered and said no Izabel worked there. He claimed to be a supervisor and then handed the call to a clerk by the name of Suzanne. Suzanne was very nice and took down the information and said, “I don’t know why supervisor gave me this call, I don’t think I can solve this problem. This should be the supervisor's duty.” Then she placed me on hold for a few seconds and returned to the phone saying, “John supervisor is in a meeting. Give me the Insurance label number and I will have him call you back.” No one ever called back.
Understand that I bought insurance for just this reason and USPS should indemnify me for the loss of the package. USPS defected in the delivery of the package to a different address (or it was stolen). The actual recipient did not receive this package.
Additionally, I have included [deleted] affidavit as proof that the package was not delivered to the address I shipped it to. You may contact [deleted] at [deleted].
These are reasonable demands. If I don’t hear from you by November 16, I will assess what legal recourse I should take against the US Postal Service.
Very Truly Yours,
Marla F. Benavides
Copy to Ms. Autria Finley, Supervisor, Domestic Claims (by certified and regular mail)
------------------------------------------------------------------
USPS Results from demand letter
I sent a demand letter in October of 2009 to the Postal Service and I received a response. The postal service wrote a check out to me for the full amount of the insured package plus some extra cash. Yea!
I guess my letter was so effective, Postal Service wanted to reward me for a job well done.
I have. What follows is a detailed letter to Postal Service for an insured package lost by destination postal service branch.
My goal was to have the right balance of pithy treatment yet with adequate detail; threatening yet sensible suggestion for resolving this matter; formal yet the sense that a forceful, persistant human being has written the letter.
-----------------------------------------------
November 2, 2009
CLAIM APPLEALSACCOUNTING SERVICES
PO BOX 80141
ST LOUIS, MO 63180-0141
Subject: Package not delivered
Claim ID: 1321187
Case number: CA100142347
Insurance label number is 13080370000098523759
I, [deleted], am the shipper of the package that was presumably delivered. This letter is in response to your denial of my claim. I write to demand immediate payment of the $90.00 for the insured package that was never delivered.
On September 23, 2009 I mailed a 19.6 lb package containing birthday presents for my niece and nephews and my sister-in-law, [deleted]. Per your records this package was delivered on Monday, September 28, 2009 at 12:44 p.m. However, this package, was in fact, not delivered to the recipients I shipped the package to.
Accordingly, I made a claim with the 1800 clerk to investigate why the package was not delivered and the clerk said they will forward to the Snapper Creek Postal Service Branch in Miami, Florida. According to a clerk at the above mentioned branch, the package was scanned by another mail carrier not the carrier that delivers to my sister-in-laws address [deleted], Miami, FL 33176-1799. The carrier that delivers to that address is Route 42.
This matter was handled very poorly by this branch. First, the service provided by this branch has been nothing efficient. I was given evasive excuses, made to wait for hours on the phone, and even experienced rudeness. Who is in a better position to solve this problem—your office?
Furthermore, I called the 1(800) number again on Thursday, October 22, 2009 at 7:00 a.m. and the clerk advised, I call the Snapper Creek Branch and ask them to advocate for me. I called the branch at 7:20 a.m. after hanging up with the 1800 clerk. A lady by the name of Izabel answered the phone, she said she would investigate the problem placed me on hold for nearly two hours. I called again, and a George answered and said no Izabel worked there. He claimed to be a supervisor and then handed the call to a clerk by the name of Suzanne. Suzanne was very nice and took down the information and said, “I don’t know why supervisor gave me this call, I don’t think I can solve this problem. This should be the supervisor's duty.” Then she placed me on hold for a few seconds and returned to the phone saying, “John supervisor is in a meeting. Give me the Insurance label number and I will have him call you back.” No one ever called back.
Understand that I bought insurance for just this reason and USPS should indemnify me for the loss of the package. USPS defected in the delivery of the package to a different address (or it was stolen). The actual recipient did not receive this package.
Additionally, I have included [deleted] affidavit as proof that the package was not delivered to the address I shipped it to. You may contact [deleted] at [deleted].
These are reasonable demands. If I don’t hear from you by November 16, I will assess what legal recourse I should take against the US Postal Service.
Very Truly Yours,
Marla F. Benavides
Copy to Ms. Autria Finley, Supervisor, Domestic Claims (by certified and regular mail)
------------------------------------------------------------------
USPS Results from demand letter
I sent a demand letter in October of 2009 to the Postal Service and I received a response. The postal service wrote a check out to me for the full amount of the insured package plus some extra cash. Yea!
I guess my letter was so effective, Postal Service wanted to reward me for a job well done.
Holiday Inn National in Alexandria
A year an a half ago, we traveled back east for a wedding and a vacation. This trip was extended from 10 days to 3 months b/c my husband ended up in the hospital. I had a terrible time with this Hotel and Orbitz. After trying to cancel our reservation, Orbitz charged my credit card b/c hotel did not want to authorize cancellation of stay. I sent thame a letter upon returning to Denver. It read:
-----------------------------------------------------------------------------------
Dear Mr. Gates,
I am Mr. X wife, with whom your hotel has corresponded about canceling our reservation back in January. I write asking you to authorize a credit in the amount of $623.26 to Orbitz.
We made reservations for 7 days and although the hotel’s policy is that cancellations or changes made after 6:00 PM local hotel time on the day of arrival are subject to a 100% charge. Your front end manager, Mr. Joshua Forten, did agree to cancel our reservation and charge us for a one night stay.
More than that, though, Virginia law states that “Where impossibility of performance is due to … to death or illness of one who by the terms of the contract was to do an act requiring his personal performance … the promisor will be excused ...” 1 M.J., CONTRACTS, § 69.
First, the purpose of the trip was to attend a wedding in North Carolina then visit D.C. before heading home. However, my husband was diagnosed with pneumonia at an Urgent Care Clinic in N.C. on January 3rd. In the evening of that day, around 6:00 P.M., I called the hotel to state we would not be staying that evening but that we would call the next day. We stayed in Fredericksburg with family instead, hoping that the illness would pass. I called the next day, January 4th, and tried to cancel with hotel. Ms. Greshuma, supervisor on duty, stated that I would have to cancel with Orbitz, however, Orbitz stated that the hotel will have to authorize the cancellation, and that I should call on Monday, the 5th of January for a refund. On Monday morning, my husband was rushed to the Hospital with irregular heart rhythm. I tried again to cancel on that afternoon. My husband’s hospitalization was a supervening event that had not reasonably been contemplated by us at the time of reservation. It made staying in your hotel impossible. Sure I could have agreed to stay at the hotel, and you could have given me possession of the room, but it so defeated the purpose that your hotel should excuse our performance of the contract and cancelled the reservation.
I have attached the following documentation of my husband’s hospitalization: the diagnosis from the Urgent Care Clinic, the Discharge/final summary of Dr. Y, my husband’s appointed primary care provider while at Hospital, and admission history and physical from Dr. Z, at Rehabilitation Hospital of Fredericksburg. Considering the overwhelming evidence that my husband was truly ill, I request that you authorize a credit in the amount of $623.26 with Orbitz.
These are reasonable demands. If I do not hear from you by May 22, 2009, I will assess what legal recourse we should take against your hotel, and Orbitz.
Very truly
Marla F. Benavides
------------------------------------------------------------------------------
After writing the manager of the HI hotel that letter, on May 20th, I received a call saying that they would refund the entire amount ($800.00). Yes, you read it right! The entire amount was refunded, and the hotel room was finally cancelled. It took me five months to resolve this issue. But a thoughtfully written letter with evidence to prove my case went a long way to getting management to see my point of view.
-----------------------------------------------------------------------------------
Dear Mr. Gates,
I am Mr. X wife, with whom your hotel has corresponded about canceling our reservation back in January. I write asking you to authorize a credit in the amount of $623.26 to Orbitz.
We made reservations for 7 days and although the hotel’s policy is that cancellations or changes made after 6:00 PM local hotel time on the day of arrival are subject to a 100% charge. Your front end manager, Mr. Joshua Forten, did agree to cancel our reservation and charge us for a one night stay.
More than that, though, Virginia law states that “Where impossibility of performance is due to … to death or illness of one who by the terms of the contract was to do an act requiring his personal performance … the promisor will be excused ...” 1 M.J., CONTRACTS, § 69.
First, the purpose of the trip was to attend a wedding in North Carolina then visit D.C. before heading home. However, my husband was diagnosed with pneumonia at an Urgent Care Clinic in N.C. on January 3rd. In the evening of that day, around 6:00 P.M., I called the hotel to state we would not be staying that evening but that we would call the next day. We stayed in Fredericksburg with family instead, hoping that the illness would pass. I called the next day, January 4th, and tried to cancel with hotel. Ms. Greshuma, supervisor on duty, stated that I would have to cancel with Orbitz, however, Orbitz stated that the hotel will have to authorize the cancellation, and that I should call on Monday, the 5th of January for a refund. On Monday morning, my husband was rushed to the Hospital with irregular heart rhythm. I tried again to cancel on that afternoon. My husband’s hospitalization was a supervening event that had not reasonably been contemplated by us at the time of reservation. It made staying in your hotel impossible. Sure I could have agreed to stay at the hotel, and you could have given me possession of the room, but it so defeated the purpose that your hotel should excuse our performance of the contract and cancelled the reservation.
I have attached the following documentation of my husband’s hospitalization: the diagnosis from the Urgent Care Clinic, the Discharge/final summary of Dr. Y, my husband’s appointed primary care provider while at Hospital, and admission history and physical from Dr. Z, at Rehabilitation Hospital of Fredericksburg. Considering the overwhelming evidence that my husband was truly ill, I request that you authorize a credit in the amount of $623.26 with Orbitz.
These are reasonable demands. If I do not hear from you by May 22, 2009, I will assess what legal recourse we should take against your hotel, and Orbitz.
Very truly
Marla F. Benavides
------------------------------------------------------------------------------
After writing the manager of the HI hotel that letter, on May 20th, I received a call saying that they would refund the entire amount ($800.00). Yes, you read it right! The entire amount was refunded, and the hotel room was finally cancelled. It took me five months to resolve this issue. But a thoughtfully written letter with evidence to prove my case went a long way to getting management to see my point of view.
Scammers
This is the latest in scam subscriptions.
If you take a quiz on Facebook, you may be automatically subscribed to some crap service. This service will text you crap and charge your cell phone about $10.00 per month.
If you take a quiz on Facebook, you may be automatically subscribed to some crap service. This service will text you crap and charge your cell phone about $10.00 per month.
No te rindas
The Author of this poem is unknown but it inspired me when I was younger and it still inspires me... Heck, it inspired a young boy I knew while working at a Middle school.
Cuando las cosas vayan mal como a veces pasa,
Cuando el camino parezca cuesta arriba,
Cuando tus recuerdos menguen y tus deudas suban,
Y al querer sonreir, tal vez suspiras;
Cuando tus preocupaciones te tengan agobiado
Descansa si te urge, pero no te rindas.
La vida es rara con sus vueltas y tumbos,
Como todos muchas veces comprobamos
Y muchos fracasos suelen acontecer
Aún pudiendo vencer de haber perserverado
Asi es que no te rindas aunque el paso sea lento.
El triunfo es fracaso al reves;
Es el matiz plateado de esa nube incierta
Que no te deja ver a su cercania…
¡Aun estando bien cerca!
Por eso decidete a luchar sin duda,
Porque en verdad, cuando todo empeora,
El que es valiente, no se rinde
¡LUCHA!
Cuando las cosas vayan mal como a veces pasa,
Cuando el camino parezca cuesta arriba,
Cuando tus recuerdos menguen y tus deudas suban,
Y al querer sonreir, tal vez suspiras;
Cuando tus preocupaciones te tengan agobiado
Descansa si te urge, pero no te rindas.
La vida es rara con sus vueltas y tumbos,
Como todos muchas veces comprobamos
Y muchos fracasos suelen acontecer
Aún pudiendo vencer de haber perserverado
Asi es que no te rindas aunque el paso sea lento.
El triunfo es fracaso al reves;
Es el matiz plateado de esa nube incierta
Que no te deja ver a su cercania…
¡Aun estando bien cerca!
Por eso decidete a luchar sin duda,
Porque en verdad, cuando todo empeora,
El que es valiente, no se rinde
¡LUCHA!
A four-leaf clover
I have much silliness, and this poem was inspired by that silliness. :-)
I live my life "in clover "
I am like a four-leaf clover
Rare am I
And yet, the clover is said to bring the luck of the Irish
With a clover you can have all you want
Well, I dream of a champagne fun
A fabulous cruise in the sun
Can you see me
I am laughing in the intoxicating moonlight
Being the life of the party
Yes, me wild as can be
But I am like a four-leaf clover
Can you see me high above a mountain?
Standing tall, radiant and bright
And I am like a four-leaf clover
When nature really over-achieves,
It gives its clover a lucky fourth leaf
Can it be a sign from up above
The more leaves, the more luck
I am like that four-leaf clover
Can it be that I too sometimes can over-achieve?
I hold the secret to my own happiness
With that said, the secret to happiness
Means knowing how to face life's challenges
Using your own forceful and empowering tool
And this tool forms from within you,
This tool will bring you good luck and GOOD FORTUNE
Yes, the tool is simply a smile
A smile is all you need to bring happiness to your life
So you see
I am like a four-leaf clover
Who summons luck into my life
By being my own four-clover
So smile and be your own four-leaf clover.
I live my life "in clover "
I am like a four-leaf clover
Rare am I
And yet, the clover is said to bring the luck of the Irish
With a clover you can have all you want
Well, I dream of a champagne fun
A fabulous cruise in the sun
Can you see me
I am laughing in the intoxicating moonlight
Being the life of the party
Yes, me wild as can be
But I am like a four-leaf clover
Can you see me high above a mountain?
Standing tall, radiant and bright
And I am like a four-leaf clover
When nature really over-achieves,
It gives its clover a lucky fourth leaf
Can it be a sign from up above
The more leaves, the more luck
I am like that four-leaf clover
Can it be that I too sometimes can over-achieve?
I hold the secret to my own happiness
With that said, the secret to happiness
Means knowing how to face life's challenges
Using your own forceful and empowering tool
And this tool forms from within you,
This tool will bring you good luck and GOOD FORTUNE
Yes, the tool is simply a smile
A smile is all you need to bring happiness to your life
So you see
I am like a four-leaf clover
Who summons luck into my life
By being my own four-clover
So smile and be your own four-leaf clover.
Reflections: the woman I am...
Here I try to create a serious poem but alas! I think I have failed. :(
I am...
A woman
Full of energy, and spontaneity
Somewhere in vastness of this earth...
With eyes not quite of aspen's gold,
Nor am I a blue-eyed soul,
Neither am I, an ordinary brown-eyed Susan.
I sit and wonder
if love is a tale made of dew--
A granting of sweet dreams in their purity too--
A mint leaf of freshness
Covered in chocolate delight.
I listen...
And at a distance I hear a low, gentle whisper
a southing voice, I look around with a hopeful heart,
Imagine a dark, cold night,
The wind is whistling, and it is raining…
Fear overcomes you
Then suddenly, the dawn of morning appears
Drops of light shine through the clouds
And a rainbow appears
Can smell spring flowers in the air,
A racy scent,
Hovering over the summer days
This is love.
I see
A woman, proud, and unyielding,
A bit pretentious, daring
Like a pilot flying through a thunderstorm
Piquant as pepper -- more jubilant than a cheerleaders cheer,
Punchier than a child at play
adding flavor to all withered souls
Like salt, seasoning a gourmet dish...
I want
A measure of tranquility—a certain calmness,
a yodel that echoes in the stillness of the Rockies
A serene smile to find solutions
To the vastness of my problems,
An Indifference to a world of sadness;
I am radiant
A sun that transmits heat, warming…
like a child--filling life with laughter
He gives me strength that which God affords me--
And so, I can persist, I live each day,
Enjoying every waking moment...
My emotions...
Too plentiful-- to be directionless,
Too real to be imaginary, and yet the familiar eyes
Hold much recognition -- only my reflection --
Anchored in place, affixed by the will...
I sense ...
The downy wings of hope, in wonder,
Alone and warming of his 5 wits;
the bald eagle in the belfry sits,
with integrity, self-assured ...
I worry...
Of failed opportunities; that in my longing for success
I have forsaken all -- but oh, what reward,
what divine inspiration should light the journey to accomplishment --
And how can I heed the signs.
I astounded...
For having such strength of character, for holding on like an ironclad,
And then, when by the sweat of my soul, tired
I am lifted, a cup full--not half emptied, and I smile again
For what hard work, and effort, is not lost;
I am a hopeful woman...
With the understanding...
That life is what you make it,
that sometimes, there is a shade of gray,
that marks your triumphs dimly,
Then, suddenly, in a rush there is color
Like a bountiful harvest...
Hold on...
Hold on I say
to a life shaped,
by family & friends--molded and formed--
But as always, the core of us remains,
In a world that is constantly changing,
As the earth remains,
Until rejuvenated
Like a flower blooming
After a cold winter
I am dreaming...
Of the tallest mountain, reaching
Climbing, a step upward--not looking back
Of wolves that wander in the forest with purpose,
pushing me to the top-until alas, I made it.
I try
To persist, determined
that merely the struggle holds power;
a dose of inspiration may last a day, while
a dose of determination spans lifetime.
I hope
That my light carries you through,
that love is meant for sharing, that feeling
Wields influence in the words evoked,
And that my writing motivates you.
I am
a woman,
who is intrepid and free
I am...
A woman
Full of energy, and spontaneity
Somewhere in vastness of this earth...
With eyes not quite of aspen's gold,
Nor am I a blue-eyed soul,
Neither am I, an ordinary brown-eyed Susan.
I sit and wonder
if love is a tale made of dew--
A granting of sweet dreams in their purity too--
A mint leaf of freshness
Covered in chocolate delight.
I listen...
And at a distance I hear a low, gentle whisper
a southing voice, I look around with a hopeful heart,
Imagine a dark, cold night,
The wind is whistling, and it is raining…
Fear overcomes you
Then suddenly, the dawn of morning appears
Drops of light shine through the clouds
And a rainbow appears
Can smell spring flowers in the air,
A racy scent,
Hovering over the summer days
This is love.
I see
A woman, proud, and unyielding,
A bit pretentious, daring
Like a pilot flying through a thunderstorm
Piquant as pepper -- more jubilant than a cheerleaders cheer,
Punchier than a child at play
adding flavor to all withered souls
Like salt, seasoning a gourmet dish...
I want
A measure of tranquility—a certain calmness,
a yodel that echoes in the stillness of the Rockies
A serene smile to find solutions
To the vastness of my problems,
An Indifference to a world of sadness;
I am radiant
A sun that transmits heat, warming…
like a child--filling life with laughter
He gives me strength that which God affords me--
And so, I can persist, I live each day,
Enjoying every waking moment...
My emotions...
Too plentiful-- to be directionless,
Too real to be imaginary, and yet the familiar eyes
Hold much recognition -- only my reflection --
Anchored in place, affixed by the will...
I sense ...
The downy wings of hope, in wonder,
Alone and warming of his 5 wits;
the bald eagle in the belfry sits,
with integrity, self-assured ...
I worry...
Of failed opportunities; that in my longing for success
I have forsaken all -- but oh, what reward,
what divine inspiration should light the journey to accomplishment --
And how can I heed the signs.
I astounded...
For having such strength of character, for holding on like an ironclad,
And then, when by the sweat of my soul, tired
I am lifted, a cup full--not half emptied, and I smile again
For what hard work, and effort, is not lost;
I am a hopeful woman...
With the understanding...
That life is what you make it,
that sometimes, there is a shade of gray,
that marks your triumphs dimly,
Then, suddenly, in a rush there is color
Like a bountiful harvest...
Hold on...
Hold on I say
to a life shaped,
by family & friends--molded and formed--
But as always, the core of us remains,
In a world that is constantly changing,
As the earth remains,
Until rejuvenated
Like a flower blooming
After a cold winter
I am dreaming...
Of the tallest mountain, reaching
Climbing, a step upward--not looking back
Of wolves that wander in the forest with purpose,
pushing me to the top-until alas, I made it.
I try
To persist, determined
that merely the struggle holds power;
a dose of inspiration may last a day, while
a dose of determination spans lifetime.
I hope
That my light carries you through,
that love is meant for sharing, that feeling
Wields influence in the words evoked,
And that my writing motivates you.
I am
a woman,
who is intrepid and free
Monday, July 19, 2010
The Law of Success 2.0: Case 70: Susan Greenfield
The Law of Success 2.0: Case 70: Susan Greenfield: "Click here for her introduction. Haegwan Kim (HK); Thank you so much for your time. Today I’m going to talk with Baroness Susan Greenfield..."
The test of a [wo]man is the fight [s]he makes
The test of a [wo]man is the fight [s]he makes,
The grit that [s]he daily shows;
The way [s]he stands on his (her) feet and takes
Fate's numerous bumps and blows,
A coward can smile when there's naught to fear,
When nothing his (her) progress bars;
But it takes a [wo]man to stand up and cheer
While some other fellow stars.
It isn't the victory, after all,
But the fight that a brother or sister makes;
The [wo]man who, driven against the wall,
Still stands up erect and takes
The blows of fate with his (her) head held high;
Bleeding, and bruised, and pale,
Is the [wo]man who'll win in the by and by,
For [s]he isn't afraid to fail.
It's the bumbs you get, and the jolts you get,
and the shocks that your courage stands,
The hours of sorrow and vain regret,
The prize that escapes your hands,
That test your mettle and prove your worth;
It isn't the blows you deal,
But the blows you take on the good old earth,
That show if your stuff is real.
So with this I say that my boss,a capable lawyer, is testing me for reliability, loyalty, preserverance and other essential qualities that show my real stuff.
I have what it takes.
The grit that [s]he daily shows;
The way [s]he stands on his (her) feet and takes
Fate's numerous bumps and blows,
A coward can smile when there's naught to fear,
When nothing his (her) progress bars;
But it takes a [wo]man to stand up and cheer
While some other fellow stars.
It isn't the victory, after all,
But the fight that a brother or sister makes;
The [wo]man who, driven against the wall,
Still stands up erect and takes
The blows of fate with his (her) head held high;
Bleeding, and bruised, and pale,
Is the [wo]man who'll win in the by and by,
For [s]he isn't afraid to fail.
It's the bumbs you get, and the jolts you get,
and the shocks that your courage stands,
The hours of sorrow and vain regret,
The prize that escapes your hands,
That test your mettle and prove your worth;
It isn't the blows you deal,
But the blows you take on the good old earth,
That show if your stuff is real.
So with this I say that my boss,a capable lawyer, is testing me for reliability, loyalty, preserverance and other essential qualities that show my real stuff.
I have what it takes.
Friday, June 4, 2010
Personal Growth
It time I update this blog and let you know how I am doing.
I still love my job as a paralegal. I love the challenges the job has to offer.
And I love working with my boss. Though at times, I find that I get unnerved by own failings. I am learning that the harder I try to be perfect, the more imperfect I am.
Learning that I am imperfect is unsettling. I feel the pressure to get things done, get them done right, and carry on with poise and character. I don't have poise underpressure. However, I will learn. I must learn.
I still love my job as a paralegal. I love the challenges the job has to offer.
And I love working with my boss. Though at times, I find that I get unnerved by own failings. I am learning that the harder I try to be perfect, the more imperfect I am.
Learning that I am imperfect is unsettling. I feel the pressure to get things done, get them done right, and carry on with poise and character. I don't have poise underpressure. However, I will learn. I must learn.
Saturday, May 1, 2010
Challenges working with lawyers
The challenge a paralegal has working with lawyers is magnified when a paralegal is working for a small law firm.
In small law firms, paralegals may be underutilized doing mostly clerical or secretarial work while the first year associate does paralegal work. Another problem paralegals face is that lawyers may not clearly articulate what it is they want their legal support staff to do. The latter is the problem I face every day.
A discovery I made recently is that paralegals are trained to draft many documents, take intake, organize files, discovery, evidence, etc. We are even able to help lawyers with conducting legal and factual research to help ensure there is enough evidence to support the claim.
In essense, a good paralegal program, ABA Accredited, will give the paralegal much more knowledge than a law student fresh out of law school.
And I am also discovering the joy of law without being a lawyer.
In small law firms, paralegals may be underutilized doing mostly clerical or secretarial work while the first year associate does paralegal work. Another problem paralegals face is that lawyers may not clearly articulate what it is they want their legal support staff to do. The latter is the problem I face every day.
A discovery I made recently is that paralegals are trained to draft many documents, take intake, organize files, discovery, evidence, etc. We are even able to help lawyers with conducting legal and factual research to help ensure there is enough evidence to support the claim.
In essense, a good paralegal program, ABA Accredited, will give the paralegal much more knowledge than a law student fresh out of law school.
And I am also discovering the joy of law without being a lawyer.
Saturday, April 24, 2010
The Big Insight
Being a paralegal is more challenging than I initially thought. I thought that with my past experience as an office assistant (office manager)that it would be a cinch to do the paralegal job. While my past experience helps, it does not transfer over to being a paralegal.
I now realize how invaliable a paralegal with five (5) years experience is to a lawyer; and the value experience provides a lawyer. It took me but a month on the job to realize why the field is so competitive for new paralegals starting out and WHY a lawyer wants to hire someone with 5 years experience.
It does take about 5 years to really learn how to do the things that add value to a lawyer.
Adding value is the pressure I face every day I go to work. I am always asking myself, "Does this task add value to my lawyer?" or "Am I giving the lawyer the most out of my time?" I know I can do this job, I have the initiative and the knowledge and skills to do the job, however, as my husband noted, what I don't have is the time to figure it all out. The job keeps me on my toes. It frustrates me, depresses me, excites me, and makes me nervous as hell!
My wish is that I can come away giving back to the lawyer, and adding value in every way I can and hopefully I can be that "SUPERSTAR" paralegal recognized in the legal community as such. For now, I just hope and pray that I can add some value worthy of my keep.
I love my job and I am very happy I did not pursue law school.
I now realize how invaliable a paralegal with five (5) years experience is to a lawyer; and the value experience provides a lawyer. It took me but a month on the job to realize why the field is so competitive for new paralegals starting out and WHY a lawyer wants to hire someone with 5 years experience.
It does take about 5 years to really learn how to do the things that add value to a lawyer.
Adding value is the pressure I face every day I go to work. I am always asking myself, "Does this task add value to my lawyer?" or "Am I giving the lawyer the most out of my time?" I know I can do this job, I have the initiative and the knowledge and skills to do the job, however, as my husband noted, what I don't have is the time to figure it all out. The job keeps me on my toes. It frustrates me, depresses me, excites me, and makes me nervous as hell!
My wish is that I can come away giving back to the lawyer, and adding value in every way I can and hopefully I can be that "SUPERSTAR" paralegal recognized in the legal community as such. For now, I just hope and pray that I can add some value worthy of my keep.
I love my job and I am very happy I did not pursue law school.
Monday, April 19, 2010
A fresh start
It's time I update my blog on what I have been doing. I recently got hired at a small law firm in my state. It has been a challenging one month as I organize around the law firm.
At first glance, I was a bit timid, for the new job brought challenges, but I quickly got excited at the fact that I would be organizing things my way. I won't lie, I have made a few trial and error mistakes but nothing major or life threatening. And when in doubt, I ask. I am not afraid to ask but I am afraid of asking too many questions.
Litigation excites me. I love analyzing issues and facts and putting legal theories together. Sometimes I wonder if I should go to law school, but I come back to reality rather quickly. The reality that law school offers very little to someone that is knowledgeable and knows how to spot issues and analyze like a lawyer. The cost of law school is much to high for the benefit law school provides.
In my opinion, the benefits just doesn't outweigh the cost of acquiring a law degree. And I would be wasting money I can invest elsewhere like buying a house, a new car, modernizing my kitchen, etc. The only reason to go to law school is to buy a ticket to take the bar.
Nevertheless, I enjoy being a paralegal even if I don't get to strategize and plan arguments. I also enjoy the fact that I am able to offer more than just paralegal help. I am the Spanish guru, the computer wiz kid, the excellent organizer, and the reliable staff member. I work hard and try my best to finish tasks and add value to my employer.
All in all, I am the perfect paralegal for this position. And with God's help, I will prevail and be the superstar.
At first glance, I was a bit timid, for the new job brought challenges, but I quickly got excited at the fact that I would be organizing things my way. I won't lie, I have made a few trial and error mistakes but nothing major or life threatening. And when in doubt, I ask. I am not afraid to ask but I am afraid of asking too many questions.
Litigation excites me. I love analyzing issues and facts and putting legal theories together. Sometimes I wonder if I should go to law school, but I come back to reality rather quickly. The reality that law school offers very little to someone that is knowledgeable and knows how to spot issues and analyze like a lawyer. The cost of law school is much to high for the benefit law school provides.
In my opinion, the benefits just doesn't outweigh the cost of acquiring a law degree. And I would be wasting money I can invest elsewhere like buying a house, a new car, modernizing my kitchen, etc. The only reason to go to law school is to buy a ticket to take the bar.
Nevertheless, I enjoy being a paralegal even if I don't get to strategize and plan arguments. I also enjoy the fact that I am able to offer more than just paralegal help. I am the Spanish guru, the computer wiz kid, the excellent organizer, and the reliable staff member. I work hard and try my best to finish tasks and add value to my employer.
All in all, I am the perfect paralegal for this position. And with God's help, I will prevail and be the superstar.
Sunday, March 21, 2010
The question of whether to outsource or produce in-house?
When considering whether to outsource follow these simple steps in making your decision:
1. determine the production costs (or service costs)your company can avoid if it outsources the service or goods production
2. compare the avoidable (relevant) production costs with the costs of buying the product or service costs and select the lower cost option.
Remember, cost reductions achieved through outsourcing are little benefit if they are acquired at the expense of low morale and reduced productivity.
1. determine the production costs (or service costs)your company can avoid if it outsources the service or goods production
2. compare the avoidable (relevant) production costs with the costs of buying the product or service costs and select the lower cost option.
Remember, cost reductions achieved through outsourcing are little benefit if they are acquired at the expense of low morale and reduced productivity.
Tuesday, March 16, 2010
Colorado Caucus Tonight
In case your wondering, tonight is the Caucus night in Colorado.
The caucus is the closest thing to *the people* having any say in politics.
All registered Republicans are invited to the
REPUBLICAN CAUCUS
Tuesday, March 16th
7:00 pm (sign in begins at 6:30 pm)
Precincts WEST of Colorado Blvd:
Central Christian Church
3690 Cherry Creek Blvd South
Precincts EAST of Colorado Blvd:
Windsor Gardens -- main center meeting room
595 S Clinton St.
Democracy in Action
What happens at the Precinct Caucus?
* Straw poll for Governor and Senate Candidates
* Election of Precinct Leaders
* Election of delegates to the Denver County Assembly and
House, Senate & Judicial Assemblies for purpose of selecting candidates
Participate --- Make Your Voice Heard
Contested Races
Candidates for US Senate
Steve Barton
Ken Buck
Gary Kennedy
Vincent Martinez
Jane Norton ***
Cleve Tidwell
Tom Wiens
Candidates for Governor
Dan Maes
Scott McInnis ***
Candidates for Treasurer
J.J. Ament
Ali Hassan ***
Walker Stapleton
The caucus is the closest thing to *the people* having any say in politics.
All registered Republicans are invited to the
REPUBLICAN CAUCUS
Tuesday, March 16th
7:00 pm (sign in begins at 6:30 pm)
Precincts WEST of Colorado Blvd:
Central Christian Church
3690 Cherry Creek Blvd South
Precincts EAST of Colorado Blvd:
Windsor Gardens -- main center meeting room
595 S Clinton St.
Democracy in Action
What happens at the Precinct Caucus?
* Straw poll for Governor and Senate Candidates
* Election of Precinct Leaders
* Election of delegates to the Denver County Assembly and
House, Senate & Judicial Assemblies for purpose of selecting candidates
Participate --- Make Your Voice Heard
Contested Races
Candidates for US Senate
Steve Barton
Ken Buck
Gary Kennedy
Vincent Martinez
Jane Norton ***
Cleve Tidwell
Tom Wiens
Candidates for Governor
Dan Maes
Scott McInnis ***
Candidates for Treasurer
J.J. Ament
Ali Hassan ***
Walker Stapleton
Tuesday, March 9, 2010
Practical tips to Planning your Business
Planning is the most important part to operating a profitable business. The budgeting process consists of putting together a financial plan. The plan addresses short-, middle-, and long-term time frames.
For example, long-term deals with questions such as
1. Do I want to be a solo practioner or larger law firm practioner?
2. How do I expect to benefit from this experience?
3. Do I want to specialize or be a generalist?
4. In what area of law do I want to concentrate my practice on?
May lawyers decide to go at it alone before answering any of these questions. They discover all too often the disadvantage of poor planning the hard way. While your colleagues are learning to be lawyers as associates in a law firm, big or small, you are having to learn how to own your own business, and practice law all on your own.
First, you need to decide the scope of your business, determine which services to provide, and identify the most profitable market niche.
Second, you need to decide where to locate your office, whether to lease or work from home.
Third, you need to develop a master budget. This describes short-term objectives in specific amounts of service target, service goals, and financial plans. This covers one year.
Before you can create your master budget, you will need to prepare the sales forecast.
For example, long-term deals with questions such as
1. Do I want to be a solo practioner or larger law firm practioner?
2. How do I expect to benefit from this experience?
3. Do I want to specialize or be a generalist?
4. In what area of law do I want to concentrate my practice on?
May lawyers decide to go at it alone before answering any of these questions. They discover all too often the disadvantage of poor planning the hard way. While your colleagues are learning to be lawyers as associates in a law firm, big or small, you are having to learn how to own your own business, and practice law all on your own.
First, you need to decide the scope of your business, determine which services to provide, and identify the most profitable market niche.
Second, you need to decide where to locate your office, whether to lease or work from home.
Third, you need to develop a master budget. This describes short-term objectives in specific amounts of service target, service goals, and financial plans. This covers one year.
Before you can create your master budget, you will need to prepare the sales forecast.
Wednesday, March 3, 2010
Sticks and Stones...
Some people are toxic. There is a reason why people criticize others. These people may be deeply unhappy, have a low self-esteem, and perhaps even depressed. The world often seems bleak and like everyone is their enemy.
When people insult you, this is a reflection of how they feel inside. So, when people shoot with a potshot, I just see it for what it's worth. That they are insecure or jealous. I feel sorry for these people, and if I can't help them, I try to distance myself from them.
So if you don't like the "ideas" I share in this blog, and you feel you have a better idea, well, then, get a moving and put it to action. Provide your own suggestions.
Either way, people who insult others have baggage in their life. These people are unhappy, depressed or insecure and it is best to ignore them rather than fuel their misery by fighting back.
When people insult you, this is a reflection of how they feel inside. So, when people shoot with a potshot, I just see it for what it's worth. That they are insecure or jealous. I feel sorry for these people, and if I can't help them, I try to distance myself from them.
So if you don't like the "ideas" I share in this blog, and you feel you have a better idea, well, then, get a moving and put it to action. Provide your own suggestions.
Either way, people who insult others have baggage in their life. These people are unhappy, depressed or insecure and it is best to ignore them rather than fuel their misery by fighting back.
Sunday, February 28, 2010
Prestige Pricing among lawyers
I believe that most lawyers in the USA use what accountants term, "Prestige Pricing" strategy.
Many attorneys desire a demand-oriented approach because they want a high selling price or premium status in the market. This is fine in itself, if you want to restrict access to legal representation to the quality- or status-conscious consumer.
However, in this economy this pricing strategy will hurt the lawyer/law firm. In today's market, more and more Pro Se litigant's are proliferating the market. And if a lawyer or a law firm wants to remain competitive it is crucial that you set your price just below the competition not to restrict access to those who need it most. In the long-run Prestige Pricing will hurt your law firm rather than create profits.
Target Pricing is a better strategy for those who desire a market-oriented approach, and want to set a desired target price before the service is offered. This strategy is focused on cost reduction through out the life of the service.
To be simplistic, a lawyer or law firm can focus on a Cost-Plus strategy. This strategy is best if you desire a cost-oriented approach, the lawyer can estimate service costs with reasonable accuracy, and the lawyer has little concern for service life cycle, demand, competition, or image. It is a simple calculation.
If I were a lawyer, I would use either target pricing or cost-plus strategies. In this way, most consumers whether rich or poor would be able to afford legal representation.
Many attorneys desire a demand-oriented approach because they want a high selling price or premium status in the market. This is fine in itself, if you want to restrict access to legal representation to the quality- or status-conscious consumer.
However, in this economy this pricing strategy will hurt the lawyer/law firm. In today's market, more and more Pro Se litigant's are proliferating the market. And if a lawyer or a law firm wants to remain competitive it is crucial that you set your price just below the competition not to restrict access to those who need it most. In the long-run Prestige Pricing will hurt your law firm rather than create profits.
Target Pricing is a better strategy for those who desire a market-oriented approach, and want to set a desired target price before the service is offered. This strategy is focused on cost reduction through out the life of the service.
To be simplistic, a lawyer or law firm can focus on a Cost-Plus strategy. This strategy is best if you desire a cost-oriented approach, the lawyer can estimate service costs with reasonable accuracy, and the lawyer has little concern for service life cycle, demand, competition, or image. It is a simple calculation.
If I were a lawyer, I would use either target pricing or cost-plus strategies. In this way, most consumers whether rich or poor would be able to afford legal representation.
Friday, February 26, 2010
Are You Listening....?
In a philosophical discussion about people not truly listening, my friend
JULIE WROTE:
And another friend, RESPONDED:
--
Sir Tomas
******************************
I have to say that old people do have a bunch of wisdom. This year, recently, my husband's ex-mother-in-law passed away. She was dear to us and closely linked to my Cuban ancestors. I guess some people would call her stories "a bunch of crap" one has to wade through to get to the wisdom, but it is in the stories that the wisdom lies and if you truly listen you will come away with enlightenment.
Old people tend to repeat the same stories over and over again, and this old lady friend, used to tell the same stories over and over again, but I didn't think they were a bunch of crap. For one, being that she was from my mom's same town in Cuba, she knew everyone in on my mom's side of the family tree. She even gave me an old picture of my great aunt (one of my grandfather's sister). This lady and my great aunt were in the same high school class of 19--. I heard the same stories over and over again, but each time they had a different twist. So you got some new insight. Each time, I took away some little wisdom from her life that pieced together pieces of my past.
My favorite quote of her is
"Cada persona es un mundo" --Emma de la Cruz de Serrano
In sum, if people only would listen, truly listen, they would discover pebbles of insight. But it is true, many people rarely truly listen and I don't discount myself from the many. I am at fault, too.
JULIE WROTE:
...it often occurs to me that we rarely listen (I mean truly listen) to
what others have to say
And another friend, RESPONDED:
True. There is a flip-side, though, that being that oftentimes, what
other people have to say isn't really very interesting, or it doesn't
give back something to the encounter. I had a friend in college who
had a particular aversion to the elderly (I never was sure why).
Someone was talking one day about venerating the elderly, because they
have a great deal of wisdom. His response? "Yeah, but you have to
wade through a bunch of crap to *get* to that wisdom."
Takes all kinds to make a world....
--
Sir Tomas
******************************
I have to say that old people do have a bunch of wisdom. This year, recently, my husband's ex-mother-in-law passed away. She was dear to us and closely linked to my Cuban ancestors. I guess some people would call her stories "a bunch of crap" one has to wade through to get to the wisdom, but it is in the stories that the wisdom lies and if you truly listen you will come away with enlightenment.
Old people tend to repeat the same stories over and over again, and this old lady friend, used to tell the same stories over and over again, but I didn't think they were a bunch of crap. For one, being that she was from my mom's same town in Cuba, she knew everyone in on my mom's side of the family tree. She even gave me an old picture of my great aunt (one of my grandfather's sister). This lady and my great aunt were in the same high school class of 19--. I heard the same stories over and over again, but each time they had a different twist. So you got some new insight. Each time, I took away some little wisdom from her life that pieced together pieces of my past.
My favorite quote of her is
"Cada persona es un mundo" --Emma de la Cruz de Serrano
In sum, if people only would listen, truly listen, they would discover pebbles of insight. But it is true, many people rarely truly listen and I don't discount myself from the many. I am at fault, too.
Teaser Friday
--Grab your current read
--Let the book open to a random page.
--Share with us two (2) “teaser” sentences from that page, somewhere between lines 7 and 12.
--You also need to share the title of the book that you’re getting your “teaser” from… that way people can have some great book recommendations if they like the teaser you’ve given!
--from Bentham And The Common Law Tradition
--Let the book open to a random page.
--Share with us two (2) “teaser” sentences from that page, somewhere between lines 7 and 12.
--You also need to share the title of the book that you’re getting your “teaser” from… that way people can have some great book recommendations if they like the teaser you’ve given!
The validation of enacted law can be undermined by contrary practice in one of two ways. First, since the validity of enacted law rests at the outset on nothing but acceptance of the formal constitutional rules by whose authority it is enacted, and since such constitutional rules are themselves liable to change just like any other rules of the system, the validity of enacted law is threatened by constitutional change unless the rules are incorporated into the continuing body of Common Law.
--from Bentham And The Common Law Tradition
Thursday, February 25, 2010
The Life of the Law has not been logic; it has been experience
This is Justice Oliver Wendell Holmes central slogan of legal modernism.
Holmes wrote "It is the merit of the common law that it decides the case first, and determines the principle afterwards." Holmes, Codes, and the Arrangement of the Law, 5 AM. L. Rev. l, reprinted in 44 Harv. L. Rev. 725 (1931)
Holmes found worth in intuitive case-by-case adjudication. On the other hand, Christopher Columbus Langdell shifted the focus of legal instruction from abstract principles to cases and ended up promoting the case-centered view of adjudication that Holmes had stated. Langdell became the first Dean of the Harvard Law School in 1870. He was the one who started the Case Law Socratic Method taught in law school today.
In my opinion, Langdell deprived law students out of a worthy education of legal instruction.
Holmes wrote "It is the merit of the common law that it decides the case first, and determines the principle afterwards." Holmes, Codes, and the Arrangement of the Law, 5 AM. L. Rev. l, reprinted in 44 Harv. L. Rev. 725 (1931)
Holmes found worth in intuitive case-by-case adjudication. On the other hand, Christopher Columbus Langdell shifted the focus of legal instruction from abstract principles to cases and ended up promoting the case-centered view of adjudication that Holmes had stated. Langdell became the first Dean of the Harvard Law School in 1870. He was the one who started the Case Law Socratic Method taught in law school today.
In my opinion, Langdell deprived law students out of a worthy education of legal instruction.
Tuesday, February 23, 2010
All lawyers are competent
There is an underlying assumption in legal ethics codes that says "all lawyers are competent."
This assumption is inherently flawed.
First, it is assumed that if one graduates from law school and passes the bar that they are competent to practice law. In theory, law school teaches law students to think like a lawyer. In practice, law school does not teach lawyers how to practice law. Therefore, not all lawyers are competent to practice law.
Second, I speak from experience in law school education and my reasons for not pursuing a law degree go with the belief that law school shortchanges law students. One of the problems I saw as a nonlawyering student were the lack of individual feedback and interaction. Another problem is the combative classroom environment. All these are counter to an effective education.
Third, from my experience in paralegal education, we got the practical overall training lawyers need to be competent in their profession. Our ABA accredited institution focused sufficient attention on practical skills such as interviewing, counseling, negotiation, drafting, and problem solving. And all this we received as paralegals. These are the skills lawyers need to practice law competently, which they don't get in a typical law school education.
As Fred Zacharias nicely put it in his Arizona Law Review piece, section on Fictions of Symmetry, "All Lawyers are Competent" --
This assumption is inherently flawed.
First, it is assumed that if one graduates from law school and passes the bar that they are competent to practice law. In theory, law school teaches law students to think like a lawyer. In practice, law school does not teach lawyers how to practice law. Therefore, not all lawyers are competent to practice law.
Second, I speak from experience in law school education and my reasons for not pursuing a law degree go with the belief that law school shortchanges law students. One of the problems I saw as a nonlawyering student were the lack of individual feedback and interaction. Another problem is the combative classroom environment. All these are counter to an effective education.
Third, from my experience in paralegal education, we got the practical overall training lawyers need to be competent in their profession. Our ABA accredited institution focused sufficient attention on practical skills such as interviewing, counseling, negotiation, drafting, and problem solving. And all this we received as paralegals. These are the skills lawyers need to practice law competently, which they don't get in a typical law school education.
As Fred Zacharias nicely put it in his Arizona Law Review piece, section on Fictions of Symmetry, "All Lawyers are Competent" --
Consider first the unspoken presumption that lawyers are competent, perhaps
even equally competent. This finds its way into numerous code provisions, not the
least of which is the competence rule itself, Model Rule 1.1.42 Rule 1.1 states that
lawyers unfamiliar with particular areas of law may undertake representation
involving those fields if they can make themselves competent.43 The primary reason
for this concession is obvious: it enables lawyers, particularly inexperienced lawyers, to expand their practices. The rule is justified on the basis that lawyers are trained in law school to think like lawyers and that, except in highly specialized fields, lawyers can teach themselves to serve clients as well as the experts do.
No one truly believes this fiction. Specialists undeniably have an advantage
over novices. Bringing a new lawyer up to speed, even if possible, adds to a client’s
expense.
The assumption of equal competence shows up in more particularized
provisions of the ethics codes as well. In many situations, for example, the conflict-ofinterest rules forbid clients to retain their lawyer of choice even when the clients are prepared to waive a conflict or to accept a situation in which a potential conflict may arise. Clients often are forbidden to acquire joint representation. They may not hire an especially good but expensive lawyer by paying the lawyer through assignment of media rights.Other examples abound. The code drafters’ assumption is that the clients are wrong in believing that retaining the particular lawyer will lead to better representation; other lawyers are available and at least close enough in competence that clients should not be permitted to risk conflict-laden representation.
The questionable assumption that all lawyers are equally competent also underlies code provisions that constrain the ability of lawyers to represent clients on a
limited basis. These provisions rely on the faulty premise that clients always are
better off receiving full representation from cheaper (but presumably competent or
able) lawyers. This approach skews the quality of representation some clients
receive and produces other perverse economic effects. And it conflicts with the
position of substantive law; contract, tort, and malpractice standards insulate from
civil liability lawyers who expressly limit their obligations to clients.51 This
inconsistency between the professional standards and the substantive law ultimately
may induce code drafters to confront the counter-factual nature of their assumptions."
To view law review article click here, you may find this piece on Page 838-840
Colo Unauthorized Practice of Law
Legal industry regulation of nonlawyers:
• Unauthorized Practice of Law is a code of ethics and in some states a criminal violations in the criminal statute.
In the United States, only licensed professionals can legally practice law. In general, the practice of law is someone who applies the law to the facts of a particular case.
According to the American Bar Association, Center for Professional Responsibility, as of 2007, only 19 states have defined the "practice of law" by statute or court rule.
In Colorado, UPL is defined by case law and there is NO CRIMINAL STATUTE for the violation of UPL. This is purely a LEGAL ETHICS violation. And while a paralegal is taught to uphold the legal ethics rules lawyers are bound to, we are not bound by it. Legal ethics rules are rules binding the licensed lawyers.
The Colorado Supreme Court has defined it as follows: We believe that generally one who acts in a representative capacity in protecting, enforcing, or defending the legal rights and duties of another and in counseling, advising and assisting him in connection with these rights and duties is engaged in the practice of law. Koscove v. Bolte, 30 P.3d 784 (Colo.App. 2001). [Emphasis added]
To view the facts of the case, click here
Instead of prohibiting other lawyers from practicing law in states where they aren't licensed, a better strategy, as Deborah Rhode mentions in her book, "is to make competence and character evaluations more closely related to performance in practice."
Rule 5.5 Comment 1 of the Colorado Professional Responsibility Code says "persons not admitted to practice law in Colorado cannot hold themselves out as lawyers in Colorado or as authorized to practice law in Colorado."
• Unauthorized Practice of Law is a code of ethics and in some states a criminal violations in the criminal statute.
In the United States, only licensed professionals can legally practice law. In general, the practice of law is someone who applies the law to the facts of a particular case.
According to the American Bar Association, Center for Professional Responsibility, as of 2007, only 19 states have defined the "practice of law" by statute or court rule.
In Colorado, UPL is defined by case law and there is NO CRIMINAL STATUTE for the violation of UPL. This is purely a LEGAL ETHICS violation. And while a paralegal is taught to uphold the legal ethics rules lawyers are bound to, we are not bound by it. Legal ethics rules are rules binding the licensed lawyers.
The Colorado Supreme Court has defined it as follows: We believe that generally one who acts in a representative capacity in protecting, enforcing, or defending the legal rights and duties of another and in counseling, advising and assisting him in connection with these rights and duties is engaged in the practice of law. Koscove v. Bolte, 30 P.3d 784 (Colo.App. 2001). [Emphasis added]
To view the facts of the case, click here
Instead of prohibiting other lawyers from practicing law in states where they aren't licensed, a better strategy, as Deborah Rhode mentions in her book, "is to make competence and character evaluations more closely related to performance in practice."
Rule 5.5 Comment 1 of the Colorado Professional Responsibility Code says "persons not admitted to practice law in Colorado cannot hold themselves out as lawyers in Colorado or as authorized to practice law in Colorado."
• RULE 5.3. RESPONSIBILITIES REGARDING NONLAWYER
ASSISTANTS (Colorado Professional Responsibility Code)
With respect to nonlawyers employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers
possesses comparable managerial authority in a law firm shall make reasonable
efforts to ensure that the firm has in effect measures giving reasonable assurance
that the person’s conduct is compatible with the professional obligations of the
lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall make
reasonable efforts to ensure that the person’s conduct is compatible with the
professional obligations of the lawyer; and
(c) a lawyer shall be responsible for conduct of such a person that would be a
violation of the Rules of Professional Conduct if engaged in by a lawyer if:
(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies
the conduct involved; or [agency law]
(2) the lawyer is a partner or has comparable managerial authority in the law
firm in which the person is employed, or has direct supervisory authority
over the person, and knows of the conduct at a time when its consequences
can be avoided or mitigated but fails to take reasonable remedial action. [negligent malpractice]
• Paralegal Pro Bono Opportunities
Colorado Rules of Professional Conduct, approves the following pro bono legal work for paralegals includes:
(1) work taken on in conjunction with and under the supervision of an attorney working on a specific pro bono legal matter, or
(2) work handled independently for an organization that provides pro bono legal opportunities, provided, however, that such participation does not create an attorney-client relationship and/or involve the paralegal’s provision of legal advice.
Tuesday, February 9, 2010
Tips for Finding the Right lawyer
When selecting the best lawyer for your case follow my tips:
1. Know your case. So, do a little bit of research work on your own -- google your case
2. Use Avvevo.com. they have a great rating system
3. Your local bar will have a referral service
4. Use Martindale-Hubbell Peer Review, and
5. I would call at least 5 lawyers, and visit those that give you a free consultation
In this way, you can meet your lawyer and evaluate him/her yourself before making a commitment. This will allow you to assess the following:
1. The lawyer's communication skills. Did the lawyer explain things to me in a way that I could understand?
2. Their responsiveness. Did the lawyer and his staff return my call in a timely manner, did they resolve my issues quickly?
3. Service quality. Did I feel like my legal issue was their top priority?
4. Overall value. Was working with this lawyer worth the expense?
1. Know your case. So, do a little bit of research work on your own -- google your case
2. Use Avvevo.com. they have a great rating system
3. Your local bar will have a referral service
4. Use Martindale-Hubbell Peer Review, and
5. I would call at least 5 lawyers, and visit those that give you a free consultation
In this way, you can meet your lawyer and evaluate him/her yourself before making a commitment. This will allow you to assess the following:
1. The lawyer's communication skills. Did the lawyer explain things to me in a way that I could understand?
2. Their responsiveness. Did the lawyer and his staff return my call in a timely manner, did they resolve my issues quickly?
3. Service quality. Did I feel like my legal issue was their top priority?
4. Overall value. Was working with this lawyer worth the expense?
Friday, February 5, 2010
Legal Grind of California
I am wondering if Colorado would allow someone to do the same thing?
Here my is the Legal Grind website, Legal Grind, Inc.
My idea would be similar but not the same to his concept.
About five years ago, I wanted to go to law school and I wanted to open up a coffee shop/ law firm. In researching my idea and seeing if there were other coffee shops with this concept, I came across this guys website.
Well, I didn't go to law school but instead went to paralegal school. But is there a way to do this in Colorado as a paralegal?
California has a Business and Ethics code section 6400 that allows paralegals to assist with doc prep. But only if the person decides to go at it alone. And the company recommends to seek an attorney's advise. click to see the code Document Processing
After reviewing his website and reading their code, is there any code here similar to the one he has. That would allow a paralegal to provide receptionist, secretarial, or typing service to the public and if they put similar language on the website? Is it time to that Colorado allowed for similar assistance to the public?
The company's revenue is $100,000 per year per Mantra.com.
Here my is the Legal Grind website, Legal Grind, Inc.
My idea would be similar but not the same to his concept.
About five years ago, I wanted to go to law school and I wanted to open up a coffee shop/ law firm. In researching my idea and seeing if there were other coffee shops with this concept, I came across this guys website.
Well, I didn't go to law school but instead went to paralegal school. But is there a way to do this in Colorado as a paralegal?
California has a Business and Ethics code section 6400 that allows paralegals to assist with doc prep. But only if the person decides to go at it alone. And the company recommends to seek an attorney's advise. click to see the code Document Processing
After reviewing his website and reading their code, is there any code here similar to the one he has. That would allow a paralegal to provide receptionist, secretarial, or typing service to the public and if they put similar language on the website? Is it time to that Colorado allowed for similar assistance to the public?
The company's revenue is $100,000 per year per Mantra.com.
Thursday, February 4, 2010
Unauthorized Practice of Law
Lately there have been company's popping up who have been offering certain legal services to the public. Generally speaking, UPL is defined as follows:
A nonlawyer (or paralegal) may not 1. advise a client on any legal matter, 2. represent a client in a court of law, 3. set fees, and negotiate a settlement.
Now it really isn't a criminal offense to practice law, a nonlawyer if caught will get a no-no from the Colorado Supreme Court and be put on a list. The only real consequence to UPLing is if you one decides to go to law school and take the bar, one may be prohibited from obtaining a license.
To illustrate how the elements work, consider the following facts:
Nonlawyer sets up shop to provide assistance to pro se litigants. Nonlawyer sets prices for the different services like document prep, document review, legal research, writing and analysis, translations, notary, etc.
Right here, setting up a price for these services is practicing law because a nonlawyer may not set fees. Now if pro se litigant were to say, "I want to hire you for $30/hour" --pro se litigant is setting the fee not the nonlawyer.
A pro se litigant is allowed to practice law so a nonlawyer being hired by a pro se litigant may assist the pro se litigant but may not advise the pro se litigant on what forms to pick. A nonlawyer may provide the best "OPTIONS" but cannot advise them on what forms to pick.
A nonlawyer may assist with research in the same way he/she assists an attorney, may draft documents but every draft must be a 1st draft, it cannot be final. If the pro se litigant wants to play lawyer on him/herself they must do all "THINKING"--a nonlawyer cannot help him/her think about the legal theories because that is practicing law.
A nonlawyer find the rules but cannot interpret the rules for the pro se litigant because that is part of the thinking.
A nonlawyer may not represent him in a court of law and may not negotiate a settlement for the pro se litigant. However, just like a nonlawyer may help a lawyer prepare for trial, so too they may help the pro se litigant prepare for trial. But the nonlawyer may not set the fee.
And in Colorado, if you don't have a license to practice law then I would not recommend you assist the public. If this is your goal, move to California where the laws are more liberal and your able to provide such services.
A nonlawyer (or paralegal) may not 1. advise a client on any legal matter, 2. represent a client in a court of law, 3. set fees, and negotiate a settlement.
Now it really isn't a criminal offense to practice law, a nonlawyer if caught will get a no-no from the Colorado Supreme Court and be put on a list. The only real consequence to UPLing is if you one decides to go to law school and take the bar, one may be prohibited from obtaining a license.
To illustrate how the elements work, consider the following facts:
Nonlawyer sets up shop to provide assistance to pro se litigants. Nonlawyer sets prices for the different services like document prep, document review, legal research, writing and analysis, translations, notary, etc.
Right here, setting up a price for these services is practicing law because a nonlawyer may not set fees. Now if pro se litigant were to say, "I want to hire you for $30/hour" --pro se litigant is setting the fee not the nonlawyer.
A pro se litigant is allowed to practice law so a nonlawyer being hired by a pro se litigant may assist the pro se litigant but may not advise the pro se litigant on what forms to pick. A nonlawyer may provide the best "OPTIONS" but cannot advise them on what forms to pick.
A nonlawyer may assist with research in the same way he/she assists an attorney, may draft documents but every draft must be a 1st draft, it cannot be final. If the pro se litigant wants to play lawyer on him/herself they must do all "THINKING"--a nonlawyer cannot help him/her think about the legal theories because that is practicing law.
A nonlawyer find the rules but cannot interpret the rules for the pro se litigant because that is part of the thinking.
A nonlawyer may not represent him in a court of law and may not negotiate a settlement for the pro se litigant. However, just like a nonlawyer may help a lawyer prepare for trial, so too they may help the pro se litigant prepare for trial. But the nonlawyer may not set the fee.
And in Colorado, if you don't have a license to practice law then I would not recommend you assist the public. If this is your goal, move to California where the laws are more liberal and your able to provide such services.
Wednesday, January 27, 2010
Accounting 202
Okay, so I am sitting in class today, and the teacher says, I am going to show you the T accounts b/c if your out in the real world, and some accountantant writes in T account format, you should understand where they are coming from.
I am thinking, yea, my brother nearly had a cow when I told him, they brushed right through T accounts in Accounting 101. =)
Anyway, my teachers have all been pretty nice so far. This teacher gave me a book, because I told her one of my goals was to help Law Firms be profitable so she gave me a "step-by-step guide to law firm profitablility." Can't wait to read it. I hope it's good.
She also loaned me her Business Plan book to read. But that one I have to return. I can't wait to finish my biz plan now!
I am thinking, yea, my brother nearly had a cow when I told him, they brushed right through T accounts in Accounting 101. =)
Anyway, my teachers have all been pretty nice so far. This teacher gave me a book, because I told her one of my goals was to help Law Firms be profitable so she gave me a "step-by-step guide to law firm profitablility." Can't wait to read it. I hope it's good.
She also loaned me her Business Plan book to read. But that one I have to return. I can't wait to finish my biz plan now!
Sunday, January 24, 2010
Competitive edge of paralegals
The role of the contract paralegal has evolved, and now many contract, or freelance, paralegals perform legal research, draft a variety of legal documents, and provide a full range of other services to law firms of all sizes. These paralegals typically work for themselves, rather than for temporary agencies, and provide their services to other law firms on an as-needed basis.
Contract paralegals typically work on a project by project basis and are not full-time law firm employees. However, an increasing trend in contract law is to develop long-lasting relationships with firms that regularly or semi-regularly send work to the contract paralegals. Many small firms find that the use of contract paralegals provides them the flexibility to grow their business without hiring salaried employees.
Particularly in a slowing economy, the use of contract paralegals gives firms a competitive edge in the marketplace, helping them to control costs while increasing profitability.
Contract paralegals typically work on a project by project basis and are not full-time law firm employees. However, an increasing trend in contract law is to develop long-lasting relationships with firms that regularly or semi-regularly send work to the contract paralegals. Many small firms find that the use of contract paralegals provides them the flexibility to grow their business without hiring salaried employees.
Particularly in a slowing economy, the use of contract paralegals gives firms a competitive edge in the marketplace, helping them to control costs while increasing profitability.
Saturday, January 16, 2010
Starting my own business
I have to tell you that I am both excited and a bit scared at the thought of being an entrepreneur. There are so many things to think and worry about. I know that there is a chance I will fail. But being self-employed is rewarding. On the one had, I like trying to solve problems for other people and I love networking and meeting new and exciting people. On the other hand, there is so much more to owning a business than just meeting people and solving problems.
Right now, I am finishing my business plan because this is a very important step to starting a business.
I will write and tell you my successes and failures in the process.
Right now, I am finishing my business plan because this is a very important step to starting a business.
I will write and tell you my successes and failures in the process.
Friday, January 15, 2010
Welcome to my thoughtfully written blog!
I wish I may, I wish I might, bring you to read my thoughts tonight!
I pray this blog shines a light
in your direction, before every good night
and spreads good cheer
that it may steer
you in the right direction and not a slight fight
give you
Enjoy the reading.
Marla
I pray this blog shines a light
in your direction, before every good night
and spreads good cheer
that it may steer
you in the right direction and not a slight fight
give you
Enjoy the reading.
Marla
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