LegalBEAT in the MORNING: November 23, 2009
Start your week off right with the BEST DAMN MORNING SHOW with a Legal Twist.
It’s fast! It’s FURIOUS! It’s fun! Come join me, Attorney Anthony Reeves, and bring the Butter Milk Biscuits CUZ WE GOT THE JAM!!
1) Oprah’s DONE in 2011: Where were YOU when she started?
2) Single parents in the military: MORE than just BABY MAMA / BABY DADDY Drama!
3) Didn’t know you went to law school! Be careful about representing yourself in an effort to be cheap
4)Don’t TWEET yourself out of a job: How social technology can mess you up in SO MANY WAYS!
http://www.blogtalkradio.com/intheknow
The hardest legal choices usually involve the ones you love
Ok, here’s the situation. You are in a car accident and the person at fault is a good friend or a family member. Do you call the police? Do you notify your car insurance?
What about a Will that leaves something to you that you know another family member. Do you give it to the family member?? What if the item is something you always wanted but your family member has always said they wanted it? If they fight it in court, are you going to fight it in court??
What about a family member that gets arrested and wants to use you as an alibi? Do you cover for them if the alibi is not true??
I wish I could give you the ‘CLEAN LEGAL’ answer for all of the scenarios but unfortunately, I can’t. I can tell you that you may need to investigate the damages for your car and speak to a Personal Injury Attorney. I can tell you that you may need to speak to an Estate Attorney regarding challenges to wills. I can tell you that you need to speak to a Criminal Defense attorney so you can appreciate the ramifications of your actions for covering (i.e. lying for a family).
Those responses are the “Legal” responses. Unfortunately, they are not necessarily the CLEAN responses. The reason I say they are not the CLEAN responses is because any time you are dealing with family members or loved ones and THE LAW, things are never as clean as we would like them to be.
It’s easy to deal with someone who is not a relative or a friend. However, when you find yourself in a situation where you are trying to separate your personal emotions and feelings about a legal situation, it can be come increasingly difficult based on the person you’re dealing.
Unfortunately, there is no easy answer. The phrase “The LAW is Blind” is also applicable to family members and friends. When you find yourself in a situation where you are forced to avail yourself of the legal system, you have to keep in mind that your relationship with that person will be affected by the legal process. The impact of that affection depends on you and your loved one.
Anthony Reeves
www.reevesfirm.com
Dedicated to Representing the Disabled and Discriminated
The initial speech when you come in for representation
“Allow me the opportunity to explain a few things to you about the process and what you can expect………”
I can’t tell how many times I’ve had to give this type of speech. It’s a crucial speech and it’s one that every person who is hiring an attorney should and probably will hear. It’s not meant to blow you off or talk above your head. The speech is designed to educate you about somethings so you can be fully informed.
How does this speech go?? It’s usually something like this (and they are all done a little different depending on the attorney or type of case):
1) The Process
What the Lawyers say -”The process you’re going to go through is a difficult process and may take a while but you must be patient because some steps are necessary.”
What the Lawyers mean - You have to be patient because there are certain things and steps that HAVE to happen in order to get a favorable outcome. Even though you’ve hired an attorney, this doesn’t mean that you are going to get the outcome you are looking for immediately.
2) Representation
What the Lawyers say - “It’s important to keep me informed about your situation. Remember, it’s important to remember that I am representing you.”
What the Lawyers mean - The attorney is telling you that YOU are the client. Not your cousin. Not your husband. Not your wife. Not your girlfriend, boyfriend, momma, daddy, or friends. It’s, also, important for you to remember that you bear some responsibility in ensuring that you providing information to your attorney.
3) Attorney Fees
What the Lawyers say - “It’s important to understand that we obtain attorney fees in this manner. “
What the Lawyers mean - Unless the attorney tells you that they are going to do the case ‘pro bono’ (i.e. free), they expect to get paid. Attorneys do a good job at documenting the work they do so they are going to cover themselves in terms of describing the work they do.
4) Expectations of your case
What the Lawyers say - “The likelihood of success depends on the facts of your case as well as the evidence. As the case proceeds, we will evaluate the case further.”
What the Lawyers mean - Do NOT, and I repeat, DO NOT compare your case with someone else’s case. Every case is different and every outcome is different. As one attorney once told me, “I’ve seen great cases with great facts lose and bad cases with bad facts win. What does that tell me? Every case is a crap shoot”. With this being said, it’s important to remember that attorney’s typically take cases they can win so they are trying to make money when they can. However, sometimes, as the case progresses, they realize that they case can easily get worse.
5) Communicating with your attorney
What the Lawyers say - “Please feel free to contact our office anytime. Our staff is available to assist you with most questions and concerns. If you must talk to me, just my staff know.”
What the Lawyers mean - So many times people think that the only person who can tell them about their case is their attorney. As such, people are quick to bypass the paralegal or admin assistant who can provide you quick and accurate information about the status of your case. Don’t be so quick to believe that support staff can’t help you.
Attorneys constantly speak about how important a decision and it is an important decision. Attorneys recognize and appreciate how important it is for clients to be informed about the process, the case, and everything that may be deemed relevant at the BEGINNING of the process. Make sure you take the time to listen to what they have to say.
Happy Anniversary
Greetings, Ladies and Gentlemen.
I want to thank you for your support and assistance with joining me as a guest or providing me with my guests for my shows. As always, I’m grateful and I am available to provide any assistance whenever you need it. I want to give a special thanks to those who have read my post on my BLAWG, “The LegalBEAT”, and I hope I have provided some meaningful and product insight for you.
This coming October 2009 is an exciting time for me. Effective October 1, 2009, my law firm will celebrate its TWO YEAR ANNIVERSARY. In addition, October 2009 will constitute my TWO AND A HALF YEAR anniversary of “IN THE KNOW with Tony Reeves”. And FINALLY, my BLAWG “THE LegalBEAT” will celebrate over THREE YEARS of postings! To celebrate these great milestones, I am RE-vamping, RE-packaging, and RE-PRESENTING my firm, my blogs, and my shows starting October 7, 2009! As always, I am reaching out to you because YOUR contributions are the main reasons that I have been successful.
As I prepare my schedule for the upcoming Fall, I want to be the first to extend to you the opportunity to return as a guest on my show in order to share with me some of your great updates. Feel free to provide me with any new music you have. Also, now is the time to give me the chance showcase some of your fabulous colleagues. Please don’t be shy about letting me know WHO YOU think the WORLD NEEDS to KNOW ABOUT and I will make sure that the world is “IN THE KNOW”. And finally, please let me know if my postings have been helpful. I want to make sure I’m giving some meaningful contributions.
Again, thanks for your time and your contributions. Of course, I know that know that technology can be a beast sometimes so I want to make sure you have the ability to contact me. If you have any difficulty with this e-mail, I can, also, be reached ‘anthony@reevesfirm.com’.
Welcome to my anniversary celebration and I look forward to growing with you.
Sincerely,
Anthony
I hate to tell you but some people don’t WANT the health care system to change!
Here’s a question for you that I want you to think about:
“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”
It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.
HELLLLLLO? What world are YOU living in? Do you not know that YOU are just one stone throw away from the unemployment office? Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?
Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!
Here’s where I have some problems and I think they are worth mentioning:
Why are you stressing? ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost? No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops). We financed contractors to go over there to help rebuild their country. We financed our troops to help make sure the country remained stable. No one blinked an eye. However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument. My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost. Taxes may not go up for this but it will go up for that so why are are we tripping??
What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy
- 1966
- Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
- 1969
- Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.
1971
- Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
- 2009
- Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.
First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm. This website is the Senator’s government website and review the information. Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy. Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969. Recognize that fact! For over FORTY YEARS, we have been trying to get health care. Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!). We can spend money on all of these things and we can’t introduce an option for healthcare??? What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation. Are you kidding me? He’s been talking about health care for 40 years and we only get legislation now? What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!
If not OBAMA, then who???
It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative. I was surprised by what I found.
President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs. Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.
President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.
President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.
President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates. The government would control the competition between private insurance companies The Health Care Task Force, chaired by Hillary Clinton when she was first lady, gave President Clinton a complex plan in September 1993. Despite a Democratic Congress, the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.
What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon. Like clock work, whenever it comes around, people start losing their minds. So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion. We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance. Is it coincidence or a reason that they can’t get it passed?
So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:
For the last 8 years, I have represented people who have applied for Social Security Disability benefits. Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care. Think about it like this. If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a) You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b) You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work. 3 or 4 months have passed! Now what?
c) You stop working so you apply for COBRA so you have a few months of health insurance. About 3 or 4 months have passed! Now what?
d) If you are lucky, you apply for Short Term Disability or Long Term Disability. If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job. The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost. Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts. If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security. All of these programs may take a few months or up to years. If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??
Let me tell you what NOW WHAT is! It’s nothing. You’re now hoping that you qualify for disability. You’re praying you can find another job. You’re lucky if you have a spouse or family member or friend who can support you. But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened. You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.
Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying. My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs. And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.
So the challenge I present to you is this one. If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain. However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.
Why Diversity in the professional ranks is so powerful
Several years ago, I had the opportunity to walk into a room where I was meeting a new client. Nothing spectacular. My client was a 59 year African American woman who was applying for Disability benefits. Now, you are probably wondering why I emphasized the fact that she was African American. Well, when I came in the room and sat down, the first thing she said to me was “Are YOU going to be my attorney??”. I responded with a soft yet slightly perplexed “Yes”. After I sat down, she looked at me and she just smiled. A big grin that extended from ear to ear. Her smile wasn’t because she KNEW she was going to win (And she did win, thank YOU very much. lol). Her smile was a casual acknowledgment to how powerful the times have changed. She had an African American Attorney and that fact alone was a SIGNIFICANT experience.
It’s interesting to note that in almost any culture, community, or society, there will almost always be a MAJORITY and a MINORITY. In the US, this dichotomy is emphasized through race and ethnic groups. Because these distinctions have been a mainstay in the fabric of our socioeconomic and political culture for so long, people some time fail to remember or even acknowledge that Minorities historically did not have the same opportunities as the Majorities. In addition, the ‘mythical yet truthful’ FIRST tend to be and continue to be a staple in Minority cultures. These FIRSTS may be the FIRST Doctor, the FIRST lawyers, the FIRST college graduates, and so on. Now, there are those in the Majority who have FIRST of their own but history has been kinder to that population in terms of opportunities.
These numbers are greatly magnified in the legal ranks:
Minority representation in the legal profession is significantly lower than in most professions. The total minority representation among lawyers is about 9.7 percent, according to the 2000 U.S. Census, compared to 20.8 percent among accountants and auditors, 24.6 percent among physicians and surgeons, and 18.2 percent among college and university teachers (Miles to Go: Progress of Minorities in the Legal Profession, 2005).
The overall student population for Florida law schools during the 2004-05 school year was 6,605. Of that number, approximately 66.3 percent were white, 8.75 percent were black/ African American, 13.5 percent were Hispanic, 3.39 percent were Asian/Pacific Islander, .61 percent were American Indian and 7.45 percent were of other races and nationalities.
Because Minorities are still experiencing various FIRSTs to this day, Minorities have a tendency to reach out and embrace those persons who they have typically not had access in the past. While this may seem weird to some, you have to look at certain things in their context. In many minority communities, historically individuals didn’t have access to accountants, doctors, lawyers, or other professionals who were minorities. No one is indicating that those who are the majority are unable or unwilling to service the majority population. What is being said that the minority population have not had the ability (in the past) to have access to those professionals who may have particular understanding of their unique cultural demographics.
In addition, access to Minority Professionals creates opportunities for educational excellence as well. When people have the opportunity to see minorities excelling in a variety of professional endeavors, these professionals open the door to the minds of others who may have viewed the opportunity to pursue such professional routes as being impossible to attain. Also, many minority populations are INSULAR in their communities. As a result, these communities would have a desire to receive services and interact exclusively with those are from their communities.
In the end, Diversity is more than just putting color to a concept. In the end, Diversity is recognizing and appreciating the unique cultural differences that various demographics present and encouraging bringing in those who can provide you with a direct connection to those cultures. It’s not about a quota. It’s about recognizing that minorities have a distinct quantitative and qualitative uniqueness. And it is this UNIQUENESS that can not only broaden the scope of any environment but also provide insight into a world that has typically been underappreciated.
Natural Disaster Law 101: Are you ready to move your life on a moments notice
For those of you who don’t live on a coastal state, we are OFFICIALLY in the FULL SWING of Hurricane Season. However, as a native of Arkansas (i.e. Tornado Alley), I understand how crazy it can be when a natural disaster strikes. The one thing that is common amongst every state in the Union is that you are susceptible to a natural disaster. Whether it’s mudslides or wildfires, hurricanes or tornados, earthquakes or flooding, and a myriad of crazy things in between, natural disasters can literally shake the foundation of your life in a matter of minutes.
The most important thing you need to know is that as long as YOU are ok, everything else is replacable. However, when your life has been greatly altered by a disaster, the hardest thing to do is to reconstruct what you’ve lost.
As crazy as it may seem, taking just a few simple steps can not only greatly help you rebuild your life but also help you help someone else:
1) Where in the world is the WEATHER?!
This statement seems weird but ask yourself this question, do you KNOW what natural disasters may affect your loved ones?? Sometimes, you need to be prepared to know what type of disasters your loved ones may be exposed.
2) Put your CRUCIAL documents in places in areas that may be weather safe!
If you’re like me, then you probably have documents all over the place. You know where they are but you never think about what you need to get if you have to leave on a dime! Put your items in fireproof or water proof container so that you can leave on a moment’s notice and not have to worry about the elements affecting your documents.
3) Don’t sleep on a safety deposit box.
When have you ever heard of items in a bank safety deposit box being destroyed by a disaster??? These boxes are designed to withstand explosives, fire, and the elements so why not put your items that you really need in a safety deposit box.
4) “ON THE GO” Kit.|
Here’s a drill for you. If you had to run out the door in 60 seconds, what would you absolutely MUST have with you when you leave? Now, I bet after you think about it for a few minutes, you’ll realize that that list is longer than you think. Take a second and get the things you need in one spot. Things like insurance cards, social security cards, insurance policies, lease / mortgage, credit cards, etc.
5) Itemize what you own.
Can you list EVERYTHING you own off of the top of your head? You think it’s crazy when you move, try reciting everything you own to an insurance company when your home has been destroyed or significantly damaged. It’s a pain but take a few minutes to itemize everything.
6) Check your insurance policies NOW!
Are you sure your policy covers your property through a storm? Does it cover wind or water or both? How about mudslides or earthquakes? Don’t wait for the emergency to happen and THEN get your feelings hurt when you find out your policy doesn’t cover the disaster. Find out now.
7) Contact Calls and Contact Phone numbers
Ok, I know we live in Cell Phone Central and Twitterville, USA but imagine a situation where the TOWERS go down and the internet is gone. Whatcha gonna do now?? Keep a land line available in your home if possible and more important, ensure you have a list of people who will expect a call from you in the event of a disaster.
The Joy of the Virtual Universe
As silly as it may seem, the joy of ‘ZIP DRIVES’ makes it possible to save the things on our computer that we may need. Remember the good ole days when we used to copy things on floppy disks and CDs? Now, you can use your USB and 5 or 6 GB drive that can be used to take anything sensitive off of your computer. Also, if you scan things to your computer, you now have a copy of the document that you can put on your key ring.
Natural disasters are devastating and can be even more traumatic when you are trying to put your life back together. Take the steps now to make sure you have a head start.
A perspective in Health Care Reform: What do you want??!!!
Let’s start with this link:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3200.IH:
For those of you out there SCREAMING at some of these town hall meetings and getting pissed that this new proposed “Health Care Reform” is garbage, here’s the link above to the “America’s Affordable Health Choices Act of 2009 (Introduced in House)” so that you can AT LEAST sound like you know what the hell you’re talking about before you start going off!
Now, before you go any further, let me be the first to tell you, I HAVEN’T read the act. I have a slightly different few on Health Care Reform. You’ll be able to get an idea of my thoughts as you go through this post.
Let’s get one thing straight. The notion of “Health Care Reform” or “Universal Health Care” really has NOTHING to do with the quality of care. What it REALLY bowls done to is CAPITALISM! Our country is a Capitalistic regime. Do you know what that means? That means we are a “YOU gotta get YOURS” society!
Now, don’t get me wrong. I love our country and I love what we stand for and I love our system. I wouldn’t change it for the world. However, whenever I hear people scream about Health Care, I stop and I get annoyed.
Here’s why I got so mad:
1) Are you REALLY paying for your health care? So many people are out there screaming and hollaring about how they don’t want to pay for someone else’s healthcare. The simple fact of the matter is, YOU probably aren’t paying for yours either. If you’re working for an employer, the BULK of your health insurance is being paid by the employer. You’re not shooting $500 to $600 in health insurance. The employer is. So how can you really complain?
2) Don’t you realize that we have a system of Universal health care ALREADY! Universal health care is health care coverage for all eligible residents of a political region and often covers medical, dental and mental health care. http://en.wikipedia.org/wiki/Universal_health_care These programs vary in their structure and funding mechanisms. Typically, costs are born, at least in part, by the government. http://en.wikipedia.org/wiki/Universal_health_care. What’s fascinating is that we already have these systems in place. Think about it. Do you complain when have to pay for the treatment for Veterans through the VA system? (UNIVERSAL) How about treatment for our elderly through Medicare? (UNIVERSAL) What about disabled children through Medicaid? (UNIVERSAL). So why are we walking around like we don’t want these systems in place and we use them already??
3) What are you going to do if your Health care disappears? Here’s where I really get fired up. In my years practicing Social Security Disability, I have represented thousands of clients who have found themselves working one day and having insurance TO disabled the next day with no insurance. I have watched people GUT their savings, 401k, investments, loans, and banking accounts to survive while they wait. What’s wild is that some of these SAME people who were ANTI-universal health care one day are NOW in the same position of those who could benefit from this type of health care.
4) If you don’t have health care, you better VOTE or the people who do have health care will decide for you. When I see all of these people on the TV SCREAMING against universal health care or health care reform, I am FAIRLY confident that they go to the polls to vote. I am HOPING that the people who really NEED health care reform go to the polls as well so they can make sure their voice is heard.
Here’s the thing that really trips me out. In the grander scheme of things, our health care system is capitalistically driven. You don’t want to hear that but let’s face it, the inherent ability of any system to function is predicated on financial fluidity. It’s that whole ‘you get what you pay for’ mentality. It’s sad but it’s true. Now, I’m not making those in the health care field as money hungry monguls. It’s just an inherent fallacy in a broken system. With that in mind, you have Three fundamental realities:
1) The current system is broke. You can’t fix it so you better accept it. At some point, you have to accept it and move on. IT is the system we have and there is nothing you can do about it.
2) The current system is broke but if you don’t have a suggestion to fix it, SHUT UP! I’m not supporting or against health care reform. I am pro-fix. If someone can give me a model that will provide access to health care to everyone, I’m up for it. However, don’t be one of those people who are QUICK to rip apart a suggestion but don’t have ANY thoughtful suggestions to correct the problem.
3) Universal v. Private. Either you take it or you don’t (which goes back to #1 or #2) The whole nature of universal health care is this underlying premise that we are paying for someone else’s health care. When you bust your butt to work and some of your check goes to pay your health care and someone else’s health care, you may have a problem. However, if you are living check to check, you may find yourself ONE day in a position where you can’t work or laid off and NOW you have to rely on someone to pay YOUR health care. So what do you do then??
Health care is a BEAST like no other. I am not going to sit here and say it’s easy to fix. What I am saying is that we need to focus on 2 very simple thought processes. If you don’t like our current system, SUGGEST something better! If you want to see a change, you are going to have to accept some things you DON’T LIKE!
Take your pick and roll with it!
Watch out for your loved ones and make sure they don’t hurt themselves
Only a few weeks have passed since the death of the icon, Michael Jackson, and, as I had previously posted before, more and more legal lessons are coming to the front based on the tragedy of his life and the unexpected heart felt loss due to his death.
Alot of talk and speculation has centered around the administering of a drug, propofol, that was allegedly provided to Michael in order to help him with his insomnia.
For those of you who don’t know, Propofol is a drug that reduces anxiety and tension, and promotes relaxation and sleep or loss of consciousness. See Propofol, http://www.drugs.com/propofol.html. Propofol provides loss of awareness for short diagnostic tests and surgical procedures, sleep at the beginning of surgery, and supplements other types of general anesthetics. See id. Propofol is for injection into a vein. See id. It is given by trained anesthesia professionals in a controlled environment. See id.
Rare cases of self-administration of DIPRIVAN Injectable Emulsion by health care professionals have been reported, including some fatalities. See Diprivan (Propofol) Drug Information: Side Effects and Drug Interactions, http://www.rxlist.com/diprivan-drug.htm. DIPRIVAN Injectable Emulsion should be managed to prevent the risk of diversion, including restriction of access and accounting procedures as appropriate to the clinical setting. See id.
Now, this post isn’t a clinical diagnosis or a discussion of the medical implications behind the decisions to administer this substance. The real question are “Should this have been given to Michael at HOME as opposed to a traditional clinical setting like a hospital” AND “Did MICHAEL appreciate that this substance is so dangerous that it NEEDS to be administered in a clinical setting?”
As the facts of this situation start to come out, once again, Michael is teaching us more and more things since his death. I, again, say that I am in no way, shape or form passing judgment but just stop for a second and think about this thought. If Michael KNEW that this substance was serious and hired a medical staff to, among other things, administer this substance to him at home as opposed to traditional setting, what does that say about Michael? Again, I say, before you lose your mind and burn me to the ground, follow this thought process.
If you’ve dealt with someone who has had an addiction to a legal or illegal substance, at some point, the individual may be unconsciously or consciously trying to do whatever they can to get that substance (even if they don’t need or shouldn’t need it). This behavior is referred to as “Drug Seeking” behavior and it is a powerful behavior. Even though the person may not know that the substances they are obtaining is not good for them or if they stop appreciating the significance and severity of the substance, the person may still take all measures to obtain this substance.
Once a person finds themself in this position, you have to be careful because they may lack the ability to truly appreciate the fact that they may be harming themselves.
That’s when YOU as a loved one may need to step in to intervene. At this point, if the person is taking action that is causing them to harm themselves, you may have to decide if you need to take aggressive legal action to protect them from themselves. You can only pray with them or plead with them or threaten them so much.
What am I saying? Can you sue them to stop? No, that’s not what I mean. You may have to look to intervention like counseling, friends, family, and the community. You may have to participate in group therapy. In the worse case scenario, you may have to look possibly having them involuntarily admitted to a medical facility (in florida, it’s called the BAKER ACT). Almost every state has some type of provision which allows individuals to contact law enforcement and have someone involuntarily admitted for an evaluation to ascertain their status.
I’m not saying it is easy. NO ONE wants to put their loved ones in a mental facility. It’s not fun and it is a crushing blow to the ego of the individual you are doing it.
However, tough times may call for tough measures. Try everything you can. Group intervention. Church intervention. Family / loved ones. Anything you can but remember, if you truly love someone, you may have to take whatever steps necessary to SAVE them from themselves.
Law 102: Michael Jackson’s kids - not over yet
Today, I read in the paper where Katherine Jackson and Debbie Rowe have come to an understand about Michael Jackson kids. Ms. Jackson will have custody and Ms. Rowe will have visitation. Ms. Rowe’s parental rights are restored. Ms. Rowe will not receive any money beyond what she’s receiving.
They should have added a phrase that says “……..For NOW”.
Now, some of you are probably thinking, “yaaaaay, the kids stay with the Jacksons and Ms. Rowe won’t get any money.”
Again, I say “……. For NOW”.
Now, I’m not an expert but this move may have been a brilliant move on the part of Ms. Rowe:
1) Visitation re-establishes a relationship. The simple fact that may have hurt Ms. Rowe was that she had NO relationship with her children at all. They didn’t know who she was. They didn’t know she was their biological mother. They didn’t visit her. Her ability to demand their custody may have been hampered by these facts (coupled with the alleged fact that she relinquished some of her parental rights). By allowing visitation, she may be able to establish a relationship with the children. Depending on the type of visitation (overnight, extended visits, etc.), she may be able to spend a great deal of time bonding with the children.
2) Agreement revives parental rights. The agreement allegedly revives her parental rights which gives Ms. Rowe the ability to assert an interest in the children as it relates to their well being. As time progresses, the more time she spends with the children, the stronger her position becomes as it relates to asserting her parental rights.
3) Ms. Jackson’s age may be an advantage. I know this is a morbid point but Ms. Katherine Jackson is 79 years old. Hopefully, by the grace of the almighty, Ms. Jackson lives to be 109 years old. With one child being 12 and the other 11, these kids could reach the age of majority (18) by the time Ms. Jackson turns 86. However, with the youngest being, 7 years old, Ms. Jackson may be 90 years old. If everything works perfectly, Ms. Jackson will have the pleasure of watching all 3 children graduate from high school. However, if she passes away before this time, Ms. Rowe may be able to use the time she has had establishing a relationship with her children as an opportunity to modify the custody arrangement.
4) No money now may mean more money later. Recognize one fundamental point - ‘The money follows the kids’!!! If Ms. Jackson passes and Ms. Rowe is awarded custody, she still stands a great likelihood of receiving money on behalf of the children. Now, someone can easily argue that a trustee should handle the money but make no mistake, she can still make a compelling argument that if she gets the kids, she should be able to handle the money.
5) Estates rights v. Parental rights. I know this is prospectively speaking but the simple fact is that if Ms. Jackson passes away over the next years, Ms. Rowe (depending on how often she visits the children) may be able to assert her custody rights. This situation may get tricky if Ms. Jackson inserts a provision in her will regarding the children OR if the estate emphasizes that the children should go to the secondary custodian, Diana Ross. Make no mistake, Ms. Rowe will have a compelling argument that her Parental rights trumps any will that may be in effect at the time of Ms. Jackson’s passing.
6) Best interest of the child. All of these points sound like a very elaborate and integrated chest match. However, at the end of the day, the governing factor will always be “What’s in the best interest of the children”. Whatever course of action, this factor always takes precedence.
Right now, both parties did the smart thing. They didn’t go through a lengthy fist fight which would have been extremely high profile. For Ms. Jackson, she has the ability to ensure that her children maintain a close relationship with the only family they know. Ms. Rowe will develop the relationship she never had with the children. In the end, this looks like a very elaborate and complex chest match with the children being used as pawns. In any legal proceedings, you have to move one piece over and lose a piece before you get a check mate.
Just remember, this situation is far from over.
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