Lawyers.com Blog

If you want to learn more about a legal issue, need a lawyer or want to share your legal knowledge with others, we hope that Lawyers.com is the first place you turn. But other great legal resources are available, and chief among them are bar associations. A bar association is a professional organization for attorneys.

There are several types of bar associations:

• National associations, such as the American Bar Association, which represent the interests of attorneys nationwide
• State associations, such as the Illinois State Bar Association. About half of the states require attorneys who are licensed in their state to belong to the state bar association. These bar associations are often also responsible for regulating and disciplining attorneys who practice in their jurisdiction. In other states, membership is voluntary.
• Local associations, such as the Los Angeles County Bar Association or Philadelphia Bar Association, that support attorneys on a city and countywide basis.
• Specialty associations for attorneys who share a common professional or ethnic interest, such as the Association of Corporate Counsel or the Hispanic National Bar Association

Even if you're not an attorney, bar associations can help you. Most bars offer a variety of resources to assist consumers that need to hire an attorney. These include:

• Referrals: Your local bar association can provide you with the names of attorneys who handle specific types of legal work in your area. It's important to remember that the association is not making a judgment about the quality of the attorney's legal work, but is simply providing you with a list of member attorneys who handle specific types of legal work. Once you've gotten those referrals, you can turn to Lawyers.com to learn more about the attorney's practice, experience and educational background.
• Help resolve fee disputes: If you disagree with the amount that your attorney has billed you, the local or state bar association may be able to help you resolve the dispute. Typically bar associations will ask both the lawyer and client to explain why they think the fee is fair or unfair. A neutral arbitrator will then issue a binding or non-binding decision.
• Legal assistance if you cannot afford to hire an attorney: Many attorneys are committed to performing a certain amount of pro bono work each year on behalf of clients who cannot afford to hire an attorney to represent them. Pro bono work is free or discounted legal work that's provided on a volunteer basis; attorneys have no formal obligation to perform pro bono work. Each attorney or law firm has different criteria for deciding whether to represent a pro bono client. Some attorneys may limit their pro bono work to low-income clients, where others may only offer pro bono services if a case is unusual or groundbreaking.
• Voter guides: Bar associations often issue guides that evaluate candidates or publish candidate statements or platforms before local or state elections. Many guides will only evaluate judicial candidates, but some will evaluate other candidates or issues as well. These guides can be particularly helpful when voting for candidates about whom you have no personal knowledge.
• Educational resources: Many bar association websites have legal information that's specific to the bar association's particular jurisdiction. If you work in education or with civil groups, the bar association may also be able to connect you with attorneys who can speak to your class or organization.
• Overview of client's rights and responsibilities when they hire an attorney: Many bar associations have adopted a formal statement of client rights when hiring an attorney, as well as your responsibilities toward your attorney.

The American Bar Association has an interactive directory of state and local bar associations to help you find specific bars in your area.

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Remember the woman who sued McDonald's because their coffee is hot? She didn't have the common sense to put her hot coffee somewhere other than between her legs while riding in a car, then blamed McDonald's when she was burned. It would be a classic example of a frivolous lawsuit--except for the fact that the woman actually won her case.

By definition, a frivolous lawsuit is one that is based on a legal claim that has no merit. In other words, it's a case the plaintiff stands no chance of winning. Why do people and companies file them? A lot of reasons. They may want to harass the defendant. They may want to stall or cost the other party money. And many frivolous lawsuits are filed because of the misguided notion that we must blame someone--anyone--for our own mistakes.

Shortly after the McDonald's coffee case, I heard the company's top lawyer (someone who's since left the company) speak at a conference. The coffee case was ridiculous, he said, but McDonald's had faced even sillier lawsuits.

Each McDonald's cashier register has a packet of bills that are rigged with an exploding dye packet, he told us. Employees know that if the store is robbed, they should give the rigged packet to the robber. A mechanism in the store's door will trigger the device, which then explodes and marks the robber with a permanent dye. That makes a lot of sense, I thought. Then he told us about the employee who robbed his own store. Among other things, this guy stole a rigged dye packet. It exploded as he was leaving with it, and he suffered some injuries. What did he do? He sued McDonald's.

It left me speechless. It still does, in fact.

Most big companies--which are perceived as having money to spare--are the target of frivolous lawsuits. These companies have attorneys who evaluate the lawsuits and know the suits are baseless, but sometimes the company decides that it's easier to settle the case than spend time and resources defending the case. Decisions like that add fuel to the fire, because as long as plaintiffs know there is a chance they might get some money, they'll continue to file these frivolous lawsuits.

(Don't get me wrong. I'll root for David versus Goliath if I think David's intentions are honest. But these lawsuits end up increasing a company's costs, which, in turn, increases the price companies charge for their products and services. Ultimately, consumers like you and me end up paying the cost when companies settle these frivolous suits.)

Judges usually have little patience for frivolous lawsuits that actually make it to court. Under federal and state rules, attorneys are required to do due diligence before filing a suit in an effort to keep frivolous claims out of the court in the first place. If an attorney makes a frivolous claim on behalf of his client (or if the individual, representing himself makes a frivolous claim), the judge can fine the attorney and/or the individual. For example, making a frivolous argument in US Tax Court could cost you up to $25,000 in fines.

Individuals who decide to represent themselves in lawsuits--without the expertise of an attorney to represent them--often make frivolous arguments in court simply because they don't fully understand the laws and the legal system. If you're representing yourself in small claims court, the judge will probably be understanding and explain why a claim, argument or motion is baseless. But if you're representing yourself in other courts, judges may have less patience, and you could be fined or required to pay your opponent's legal fees. This is an instance where it pays to have an experienced attorney representing you.

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If you've turned on the TV in the last week, you've probably seen Charla Nash--the woman who was savagely attacked by a chimpanzee--being interviewed by Oprah Winfrey and The Today Show's Meredith Vieira. Last February, Nash's friend and employer Sandra Herold called to ask for Nash's help in containing Herold's pet chimpanzee Travis. When Nash arrived at Herold's home, Travis attacked her. Nash lost both hands, both eyes, her nose and her lips in the mauling, and remains hospitalized. She hopes she'll eventually be a candidate for a face and hand transplants.

Nash has reportedly sued Herold for $50 million and the state of Connecticut for $150 million. She alleges the state knew Travis was dangerous, but failed to remove him from Herold's home. Herold's attorney, however, has suggested that because Nash was Herold's employee, her claim should be treated as a worker's compensation issue. (Nash worked at Herold's towing company.) This would significantly limit any award Nash could receive, and would shield Herold from personal liability.

Every pet owner wants to believe that their pet--be it a dog, cat or chimp--is friendly and would never hurt anyone. But the Centers for Disease Control and Prevention estimate that 4.7 million Americans are bit by dogs alone each year, and more than 900,000 of those bites require medical treatment. Every pet owner should understand the potential legal consequences if their pet injures a non-family member.

Generally, if your dog bites someone, you'll be liable if you were unreasonably careless or if you knew your dog had a tendency to bite and did nothing to protect others from being bitten.

In addition, you're responsible if strict liability law is followed in your state. Strict liability, also called absolute liability, means that you are liable for any losses suffered by the injured person, even if you weren't at fault and careless in any way. That means if your dog bites, you will pay, no excuses.

In a number of states, the one bite rule applies. Under this rule, you aren't liable the first time your dog bites. However, once your dog does bite someone, or attempts to bite someone, you're automatically on notice that your dog bites, and you'll be liable if your dog bites again. The rule is designed to deter dog owners from keeping a pet that they know has the propensity to bite.

Usually a homeowner's insurance policy will cover you for dog bite claims. However, many insurance companies are putting provisions in their policies that exclude certain breeds of dogs which are considered inherently dangerous, such as Pit Bulls, Rottweilers and Doberman Pinschers.

A number of state and local governments have passed laws to restrict or ban certain breeds, regardless of a particular dog's behavior. Some laws require owners of dangerous breeds to obtain a certain level of public liability insurance in case their dog attacks someone.

Owning an exotic or wild animal as a pet increases your liability exposure, and you could be breaking the law, depending on where you live.

In most states, if your wild or exotic animal injures someone, the doctrine of strict liability applies. Check your state and local laws to find out whether it's legal to keep the type of animal you want, and if there are any restrictions or registration requirements. Remember, the laws differ among states and localities. You can't assume that your wild or exotic pet is welcome everywhere.Damages

If your pet does injure someone, you'll be required to compensate the victim for any damages suffered as a result of the attack. You'll be responsible for the victim's medical bills and lost wages. If your animal tore the victim's clothing, you will have to pay for that as well.

You'll also have to compensate the person for the pain and suffering they endured because of the attack. This includes both physical and mental injuries. If you were grossly negligent, or if you intentionally caused the attack, you may have to pay punitive damages.

In Nash's case, it sounds as if Herold may claim that Nash was helping to wrangle the chimp as part of Nash's job responsibilities. (Just to be clear: Nash worked at Herold's towing company.) If Herold successfully makes that argument, Nash's compensation would be significantly limited.

State laws vary as to the exact compensation available, but injured workers may be entitled to:

• Temporary total disability while they can't work at all (this is a percentage of the employee's previous actual earnings, depending on the state's laws)
• Payment of their medical bills
• Permanent partial disability payments

People who aren't able to work at all after their injuries may be entitled to total disability.

State laws vary widely as to how permanent disability is determined. As crude as it sounds, in some states there are schedules that list the amount of compensation to be paid for a particular injury. For example, a certain dollar amount will be paid for the amputation of a limb at a certain joint.

In some cases, a vocational rehabilitation expert may get involved and give an opinion as to an employee's future potential to earn compared to their earning potential prior to being injured.

The employer's workers' comp insurance may be responsible for vocational rehabilitation training.

Workers' comp is an exclusive remedy, which means that injured workers can't sue their employers, but are only entitled to benefits under their state's workers' comp laws.

Related Links:

• Learn more about animal law on Lawyers.com
• Read when your pet attacks, are you liable?
• Discuss your legal issue on our general consumer rights forum
• Lawyers.com Suggested Legal Books
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November is National Adoption Month. According to several surveys, more than one-third of Americans have considered adopting a child, but only about 2 percent of Americans have actually adopted a child. There are a number of reasons why people consider adoption, but don't follow through on it. These include the cost of adoption, the lack of adoptable children or children who fit specific age/gender/racial parameters, the time is takes to complete an adoption, and administrative hurdles that must be completed prior to adopting a child.

One of the biggest sources of adoptable children is the U.S. foster care system. According to the U.S. Department of Health & Human Services' Children's Bureau, in 2007 (the most recent year for which data is available) approximately 783,000 children were in foster care in the United States, more than 130,000 of those children were waiting to be adopted, but only 51,000 were actually adopted during the year.

Many prospective parents don't consider kids in foster care because they may be older, be a racial minority or be part of a group of siblings. Prospective parents may also be concerned about potential health or behavioral problems, or fear that biological parents may attempt to regain custody.

These concerns are all valid, but if you are considering adoption, it's still worthwhile to investigate adopting a child from foster care because you may find a child who's the perfect addition to your family.

As a foster parent who is considering adoption, or a prospective parent considering the adoption of a child in foster care, here are some legal issues to be aware of.

Several key factors differentiate foster child adoptions from traditional adoptions.

Foster care adoptions are usually handled by state agencies, though the state may outsource responsibilities to a private agency. Also, foster care adoptions cost significantly less than traditional adoptions, or may even be free. If the child is considered a "special needs" child, subsidies may be available. (Special needs children include those who are minorities; have siblings who also need adopting; were exposed to drugs or alcohol before they were born; are older than 5; or have mental, physical or emotional problems.) In addition, you may qualify for a federal adoption tax credit.

There are several ways in which prospective parents can adopt foster children. Prospective parents can:

• Adopt a child or group of siblings whose parents have already relinquished their parental rights or had those rights terminated.
• Take in a foster child whose biological parents still have rights. The foster parents agree, in advance, to adopt the child if he or she isn't reunited with the parents or placed with another biological family member. This type of adoption is called "concurrent planning" because multiple avenues of resolution are being pursued simultaneously.
• Adopt a child who was placed with you as a foster child, but whom you didn't originally intend to adopt.

Federal laws allow for parents to deduct certain expenses incurred during adoption. Parents are subject to certain income limits, but if they are eligible, the Tax Code allows for the following:

• Credit is given for qualifying expenses, which include adoption fees, attorney costs, court costs and travel expenses
• Credit is subtracted from your total tax liability
• Credits may be taken in the year following the year in which expenses are incurred, or the current year in which the adoption becomes final
• You may not take a credit for adoption expenses that were reimbursed by your employer, but reimbursed expenses may be excluded from your gross income
• The adopted child must be under 18, or physically and/or mentally unable to care for himself; and
• The adoption of a child with special needs may allow you to deduct more qualified adoption expenses.

Related Links:

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Did you hear about the man in Minnesota who was arrested and given a DUI after he drove his motorized recliner into a parked car? I'm not sure which is the stranger part of the story: That someone would take the time to add wheels and a motor to a reclining chair, or that you could be charged with driving a chair while intoxicated.

As of Friday, this strange story got a bit stranger: Proctor, Minn., police report that they sold the motorized recliner on eBay for $10,099.99 to an unidentified bidder.

State and federal laws allow government officials, including the police, to seize property if it has been used in the commission of a crime, or if it was bought with the proceeds of a crime. A Wall Street Journal article estimates that $1 billion in cash and property is seized annually in the United States. In fact, some critics argue that forfeiture laws are less about punishing the guilty, and more about enriching government agencies, which keep the income earned from selling seized property.

It's easy to understand the logic behind seizing a drug dealer's exotic car collection, or seizing Bernie Madoff's luxury homes. But imagine you lent your car to a friend who's later arrested for DUI or soliciting a prostitute. How would you feel if the police impounded your car and refused to return it?

The government has a process for returning seized property to its rightful (and innocent) owners, but that process can drag out for years, and many people often give up rather than pursuing the matter. However, the U.S. Supreme Court is hearing a case to determine whether innocent property owners are entitled to a prompt hearing to reclaim their property. In the case before the court, the plaintiffs argued that Chicago officials were taking too long to return property seized in drug cases. In Illinois, it can take up to 6 months following seizure before a hearing is held. The plaintiffs said that was too long, and a federal appeals court agreed.

"Our society is, for good or not, highly dependent on the automobile," wrote Seventh Circuit Court of Appeals Judge Terence Evans in the decision. "Consider the owner of an automobile which is seized because the driver--not the owner--is the one accused and whose actions caused the seizure. The innocent owner can be without his car for months or years without a means to contest the seizure or even to post a bond to obtain its release."

Illinois officials disagree with the appeals court's decision, so the case will now be decided by the U.S. Supreme Court. A decision is expected in the Spring.

Related Links:

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I recently considered replacing some carpet in my home, and my first call was to one of the companies that offers at-home appointments where they'll measure the space, show you samples and provide quotes on the spot.

The salesman who came to my house was talented. Even though the quote was about 300% more than I hoped to pay, he had an answer to my every sales objection. He repeatedly cut the price. He asked me how low it would have to go for me to sign a contract on the spot (then called his manager for approval to drop it even further). Then he casually mentioned, "Plus, if you sign a contract now, the Federal Trade Commission rules say you legally have the right to cancel it within three days at no cost to you. That gives you time to sleep on it."

I signed a contract on the spot--after all, I could cancel it!--and immediately after he left, I had second thoughts. I hadn't comparison shopped. The final price was still more than I'd budgeted. After doing a bit more research, I decided to cancel the order. But first I wanted to research the Federal Trade Commission's Cooling-Off Rule.

The rule gives you three business days to cancel a purchase of at least $25 if you made the purchase at home or another location that isn't the seller's permanent place of business. The sales person must tell you about your cancellation rights when you make the purchase, the contract or receipt must include the cancellation policy, and the sales person must give you two copies of the cancellation form.

Some types of purchases are exempt from the cooling-off rule. These include:

• Phone and mail-order purchases
• Purchase that aren't intended for personal, family or household use
• Purchases that were negotiated at the seller's permanent place of business, even if the contract was signed elsewhere
• Real estate, securities, insurance, motor vehicle, and arts and crafts purchases
• Home maintenance and repairs
• Purchases related to emergencies

In my instance, the salesman told me about the cancellation policy, but didn't give me copies of a cancellation form and the contract didn't include cancellation language. (In fact, it said that the contract couldn't be cancelled.) I was a little concerned about whether I'd actually be able to cancel the contract, but I took a few steps to ensure that the purchase was cancelled.

First, I called the carpet company and told them I'd like to cancel the order per the FTC's three-day cooling off rule. The man I spoke to assured me that the order would be cancelled, and I asked him to email or fax written confirmation of the cancellation to me.

I also checked with my credit card to see if the deposit I'd paid had been refunded. After two business days, no sign of a refund appeared, so I wrote a letter to the company, and included a copy of cooling-off rule from the FTC's website. In the letter, I included my order number, detailed my conversation with the person who confirmed my cancellation and referenced the FTC cooling-off rule. I sent the letter certified mail, and ensured that it was postmarked within three business days of my purchase.

About a week later, I had my refund.

If you unsuccessfully try to get a refund that you're entitled to under the FTC's cooling-off period, you should contact the FTC at Consumer Response Center, Federal Trade Commission, Washington, DC 20580. You should also see if your state has its own cooling-off rule, because state consumer protection agencies may also be able to assist you.

If you made a partial or complete payment using a credit card, contact the card issuer to see if you can dispute the charge.

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Someone at Pepsi just learned an expensive lesson: If you're being sued, don't ignore the lawsuit.

In Pepsi's case, the soft drink manufacturer and two of its distributors were sued in Wisconsin court. In April, notice of the lawsuit was sent to the company's offices in North Carolina, where the company is incorporated, but didn't make it to the company's New York-based legal department until September. It then got buried on the desk of a secretary who apparently was busy working on other projects.

But the courts don't twiddle their thumbs while waiting for a defendant to realize they're being sued--even when it's a defendant as big as PepsiCo. Instead, the case moved ahead in Pepsi's absence, and in September the judge who was hearing the case entered a default judgment against the company and awarded the plaintiffs $1.26 billion in damages. About a week later, Pepsi finally learned of the lawsuit.

Needless to say, Pepsi has apparently been scrambling since learning that it owes a 10-figure sum, and has asked the courts to vacate, or throw out, the judgment.

Now, Pepsi has deep pockets, and can afford to spend a lot of money to avoid paying even more money to the plaintiffs who brought the lawsuit. But the story reminds me how easy it would be to make the same mistake.

Fortunately, I've never been sued, but because I have no first-hand experience with litigation, I can imagine how I'd react if I learned someone was suing me. My initial response, "I've been sued! How did this happen? And what does this mean? I need to find a lawyer to help me make heads or tails of it." My next response would be the critical one: I could either find a lawyer, or I could procrastinate. Let's face it, humans have an incredible ability to procrastinate when faced with something challenging or unfamiliar.

The danger of procrastinating is that sometimes we don't decide to act until it's too late. When it comes to court cases, "too late" means you could be on the hook for a lot of money (in a civil case) or jail time and fines (in a criminal case). This is because--if you don't show up to defend yourself--the courts have the discretion to listen to the plaintiff or prosecutor's case, then find you guilty based on the evidence presented against you.

Pepsi, and everyone who's ever ignored a lawsuit, do have a few options. If a default judgment is entered against you, you can go to the court, explain why you failed to defend yourself, and ask the court to set aside the judgment. You'll have to show that you failed to respond to the lawsuit by mistake; that you promptly addressed this issue after learning about the default judgment; and that you have a good defense to the lawsuit. The judge doesn't have to overturn the judgment, but should if you make a good case. Once you've persuaded the judge to overturn the judgment, you'll be back at square one, and will still need to defend the charges in the initial lawsuit.

The lesson learned: Ignoring a lawsuit doesn’t make it go away, but almost certainly guarantees that it will cost you more to resolve in the long run.

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I couldn't even count how many health insurance related discussions I've had in recent months. The current debate continues among friends, between politicians, within families, in Congress, at the workplace, on talk radio and even on Facebook. These days, you can be forgiven if your eyes start to glaze over at the mention of health insurance. While it's an important debate, I think we're all starting to suffer from health insurance fatigue.

But if you are enrolled in Medicare, there's one important message you shouldn't ignore: Open enrollment begins Nov. 15 and runs through the end of the year.

Medicare is the government-run health insurance program for people who are 65 and older, plus some younger people with certain diseases and those with end-stage renal failure. During the last 6 weeks of the year, Medicare allows its participants to make changes to their plans. This period is known as open enrollment. Any changes you make will take effect on Jan. 10, 2010.

If your health has changed significantly in the last year, or if you're taking different prescription drugs, it's worth evaluating your current Medicare coverage and see whether a different Medicare plan would offer better coverage. Medicare offers a couple tools to help you makes these comparisons:

• A tool to help you find and compare health plans
• A tool to help you find and compare prescription drug coverage

When comparing plans, Medicare recommends you consider the following:

• Out-of-pocket costs, including premiums, deductibles, co-pays and co-insurance
• Included benefits, including extras such as vision and dental coverage
• Doctors, hospitals and pharmacies that participate in the plans and whether you'll need referrals to see specialists
• Whether your prescription drugs are included in the drug plan, and the out-of-pocket drug costs, including premiums and co-pays
• The quality of care and performance provided by participating doctors and hospitals

Once you've evaluated the plan and prescription options, there are a few ways in which you can enroll:

• Online on Medicare.gov
• By calling the plan directly
• By calling 1-800-MEDICARE (1-800-633-4227) or 1-877-486-2048 for TTY users

Related Links:

• Learn more about Medicare and Medicaid on Lawyers.com
• Find an elder law attorney on Lawyers.com
• Discuss your issues on the Lawyers.com elder law forum
• Lawyers.com Suggested Legal Books
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Former NBAer Reggie Miller does it. Annie on TV's 90210 did it. The View's Elisabeth Hasselbeck has even admitted to accidentally doing it.

These days, there seems to be no shortage of stories about people who are sexting, or sending explicit photos and text messages via their cell phones or computers.

The trend isn't limited to celebrities and fictional TV characters. An increasing number of news reports focus on adults and minors who have run afoul of the law because of sexting. Just this week a New Jersey teacher was charged with endangering the welfare of a child after he allegedly sent sexually-explicit text messages to a student. And in Beaumont, Texas, last week, three students were barred from participating in extracurricular activities because they were allegedly sexting in violation of school rules.

According to renowned attorney Gloria Allred:

• Teens who participate in sexting, and adults who sext with minors, could face criminal charges for child pornography or criminal use of a communications device
• Adults and minors who are convicted of sexting-related charges could face probation or could be incarcerated, and the criminal charges would remain on their record indefinitely
• Adults and minors who are convicted of sexting-related charges could also be labeled as sex offenders, which could require them to register with local law enforcement authorities, notify neighbors of their sex offender status and include them in sex offender databases

In fact, just last week a Pennsylvania state legislator introduced legislation that would make it a summary criminal offense for anyone under the age of 18 to send sexually images or videos using a phone or computer.

Unfortunately, most parents don't seem to realize the potential threats that sexting presents. A recent Lawyers.com study found:

• One-third of parents of teens aged 13-18 are unaware of the practice of sexting, or don't understand what it involves
• Only one in 10 parents believes their teen is sending or receiving sexts
• 64 percent of the parents surveyed do not think their teens have ever engaged in any sexting

One bright spot in the survey: About 70 percent of the parents surveyed say they understand the potential legal consequences of sexting, and a majority of parents say they've discussed the dangers with their children.

If you have teenage children, you should discuss with them the potential ramification of sexting. Not only could your child face criminal legal charges for sexting, but they could also suffer socially.

Related Links:

• Learn more about Sexting: Pornography or High-Tech Flirting? on Lawyers.com
• Find a criminallaw attorney on Lawyers.com
• Discuss your issues on the Lawyers.com criminal law forum
• Lawyers.com Suggested Legal Books

As a kid, Halloween was one of my favorite holidays. My friends and I would plan elaborate costumes, map out routes that were guaranteed to maximize our candy collections, and set off immediately after dinner to spend a few hours trick or treating. Our only rules: Don't eat candy that looks tampered with, don't eat fresh fruit and don't eat homemade treats.

Halloween today bears little resemblance to the holiday I knew as a child of the 1970s, because today's trick or treating incorporates many more common sense rules designed to keep kids safe.

If you have little ghosts and goblins who are anxiously awaiting the arrival of October 31, now is the time to start talking to them about Halloween's ground rules, and make sure they understand how to stay safe when collecting candy.

• If you're buying a costume--including wigs and accessories--make sure they are fireproof or fire retardant. If you're making a costume, avoid flimsy pieces (such as long skirts or baggy sleeves) that could easily catch on fire.
• If your child is wearing a mask, ensure the eye holes are large enough that your child can clearly see straight ahead and off to the sides. Consider makeup or face paint instead of a mask.
• Avoid oversized costumes a child could easily trip over, or others could step on.
• If your child's costume includes accessories such as a wand, broomstick or knife, make sure that the accessory is flexible or will break easily if the child accidentally falls on it.
• Add reflective tape to your child's costume if they will be trick or treating after daylight hours, and have your child carry a flashlight.

• Younger children should be accompanied by an adult when trick or treating.
• If your children are old enough to trick or treat without an adult, insist that they limit their visits to homes where they know the residents, and make sure you know the route they'll be taking and establish a curfew.
• Try to limit trick or treating to daylight hours.
• Remind kids to observe basic safety rules such as staying on sidewalks, avoiding alleys and looking both ways before crossing the street.
• Although it's easy to get excited when trick or treating, kids should walk, not run, between houses.
• Counsel your children to be courteous to homeowners, and avoid cutting across people's lawns or through their back yards.
• Although it's called "trick or treating," no one likes a vandal. Make sure your kids understand that egging cars, toilet-papering house and other Halloween "tricks" are unacceptable.
• Remind your children that they should never enter a stranger's house or get in a car with a stranger.

• If you use candles in carved pumpkins, make sure the pumpkins are placed in a location where kids and animals won't disturb them. Better yet, use battery-operated candles or glow sticks.
• If you won't be at home to hand out treats, turn off your porch lights.
• Avoid distributing homemade treats, which are likely to be thrown out. If you're opposed to distributing candy, consider coins, healthy alternatives or inexpensive Halloween toys. (If you're giving out toys, avoid giving small items, which are possible choking hazards, to children aged 3 and younger.)
• Remove any tripping hazards, such as flowerpots, on your driveway or sidewalk leading to your front door.

• Instruct kids not to eat any treats until they've gotten home and you've had a chance to inspect the candy for evidence of possible tampering.
• If your child has nut allergies, give them an extra reminder not to eat treats before you've had a chance to examine them.
• If you have small children, make sure you've removed any treats that could be a choking hazard.

Related Links:

• Learn more about selecting an attorney on Lawyers.com
• Review the US Consumer Product Safety Commission's Halloween Safety Alert
• Discuss your issues on the Lawyers.com forums
• Lawyers.com Suggested Legal Books

Before "Balloon Boy" stole the headlines last Thursday, another little boy was making the news. Zachary Christie is the cute first grader who bought a camping tool--which included a combo fork, spoon and knife--to school so he could use it when eating lunch. In doing so, Zachary inadvertently violated the school district's zero-tolerance weapons policy. He was initially suspended and sentenced to 45 days in reform school before the school district came to its senses and let him return to classes.

The incident seemed to leave most people expressing disbelief over the ridiculousness of some school disciplinary policies. But this isn't the first time that stories like this have made headlines. In the past, I've also heard about kids getting suspended for carrying aspirin and other over-the-counter drugs that most of us would consider to be harmless.

I think every parent with school-aged kids who hears these stories probably thinks to themselves, "That could just have easily been my child." But for every kid who inadvertently violates school rules, many more kids legitimately break the rules.

Most public school discipline issues are handled with a simple time out or in-school suspension, which doesn't impinge on a student's access to education. But out-of-school suspensions or expulsions have become more common thanks to zero-tolerance policies. Unfortunately, suspensions and expulsions often stay on your child's permanent school record and may put them at a disadvantage when applying for college.

Each state, and sometimes even each school district, has specific rules for how a school disciplinary process must be conducted, but there are some general principles of federal law which apply.

Students can typically be suspended or expelled for:

• Drug, alcohol or weapons possession
• Assaulting other students
• Repeated disruptive behavior

If your child attends a public school, they are entitled to what's called "due process" before they can be suspended or expelled. Due process means that the suspension or expulsion must be done in a fair and evenhanded manner. This generally means that students and their parents have the right to:

• Know the school's rules ahead of time
• Be given meaningful notice of the charges
• Have an opportunity to be heard in an appropriate setting

At the beginning of the school year, your child should have received a student handbook or other document that spells out the rules everyone must follow. (These rules are often posted prominently at school, too.) You and your child should review these rules together when you receive them so you both understand what is and is not acceptable.

If your child is facing disciplinary action and the school hasn't made the rules available to each student, you may be able to argue that your child didn't know of the rule that he or she is accused of violating.

If your child is being suspended or expelled, you should receive a detailed oral or written notice of the charges, including:

• A description of the behavior that violated school rules
• A description of the evidence
• The number of days of suspension, and when the suspension begins and ends
• A specific date, time and location at which you can appear to challenge the suspension or expulsion

At the appeals hearing, school representatives will present the evidence against your child, and you'll have the opportunity to present evidence in your child's defense. Consider hiring an attorney to represent your child, particularly if there is the possibility of criminal charges. Your child doesn't have to answer questions asked by the school or the police.

In many public school districts, parents may also appeal a suspension or expulsion decision to the school board or a special appointed committee. Even if your child has already served out a suspension before an appeal can be processed, you should appeal the decision if you think it was unfair, so that the punishment doesn't continue to be a black mark on your child's school record.

Related Links:

• Learn more about freedom of expression in schools on Lawyers.com
• Find a school law attorney on Lawyers.com
• Discuss your issues on the Lawyers.com education and school law forum
• Lawyers.com Suggested Legal Books

It's a common story: A woman is a superstar at work, but as soon as she announces that she's pregnant, she's falls out of favor with her supervisors. Or a woman goes on maternity leave, only to get laid off while she was away from her job. Or a woman applies for a job, but the prospective employer seems to lose interest when they learn she is pregnant.

The Pregnancy Discrimination Act of 1978, an amendment to Title VII of the Civil Rights Act of 1964, makes it unlawful for an employer to discriminate against you because of your pregnancy. Unfortunately, many companies fail to heed the law.

The PDA says that discrimination due to pregnancy, childbirth or related medical conditions is unlawful sex discrimination. It requires employers to treat pregnant women in the same way as other job applicants or employees with similar abilities or limitations.

The PDA covers hiring, pregnancy and maternity leave, health insurance and fringe benefits. Under the PDA:

• An employer cannot refuse to hire you because of your pregnancy as long as you can do the major functions of the job
• If you are temporarily unable to do your job because of your pregnancy, your employer must treat you the same as any other temporarily disabled employee. For example, the employer should provide modified tasks, alternative assignments, disability leave or leave without pay.
• Your employer must permit you to work as long as you are able to do your job
• Your employer must hold open a job for a pregnancy-related absence for the same length of time jobs are held open for employees on sick or disability leave
• If your employer provides health insurance to its employees, the insurance has to cover expenses for pregnancy-related conditions on the same basis as it does for other medical conditions
• Pregnancy-related benefits must be available to all employees, regardless of marital status
• You should be treated the same as other temporarily disabled employees for purposes of crediting of seniority, vacation calculation, pay increases or temporary disability benefits

If you think you are or will be discriminated against because of your pregnancy:

• Write down all relevant details, including the date, time and place and what was said during discriminatory conversations. Include the names of participants and witnesses, and keep a copy of these notes at home.
• Continue to do your job, and start documenting how well you're performing
• Copy your performance reviews and other evidence that shows how well you've done your job, and store those copies at home
• If you belong to a union, contact your union representative to find out whether you can file a grievance or if there's another complaint process
• Talk to your human resources department to file a complaint or learn about the company process for filing a complaint
• Call a local women's rights or civil rights group for help

If you're unable to resolve the problem through dispute resolution processes at your company or with your union, you may have to file a complaint with a government agency. You can file charges against the employer with the US Equal Employment Opportunity Commission, and with state or local agencies that enforce anti-discrimination laws. There are very short time limits on how long you can wait to file a charge against your employer, so it's important to act quickly when making an EEOC complaint.

To prove pregnancy discrimination, you must first show that your employer knew you were pregnant. You must also show that, because of the pregnancy, your employer took some adverse employment action against you or denied you benefits that other employees received. You may also win your case if you can show your employer systematically discriminated against pregnant employees and/or job applicants. You're not required to prove that your employer acted intentionally or with any ill will.

Related Links:

• Learn more about pregnancy and your job on Lawyers.com
• Discuss your issues on the Lawyers.com employment law for employees forum
• Find a labor & employment attorney on Lawyers.com
• Lawyers.com Suggested Legal Books

For many kids, school provides their first opportunity to publically test boundaries and express themselves. Maybe your teenager wants to organize a school rally to promote an unpopular position in your community. Perhaps your son wants to wear a t-shirt that announces his support for a controversial political candidate. Or maybe your daughter has written a blog posting that criticizes a teacher. Can school administrators try to stifle your child's right to free speech?

The to the US Constitution allows you the freedom to speak, write and meet freely with others. In other words, the government cannot censor you. The First Amendment also gives students the right to freely express themselves at a public school. (Because private and parochial schools don't receive taxpayer money, these schools can place greater restrictions on a student's right to free speech.)

The US Supreme Court has said public school officials can't censor you or your children unless officials have a "reasonable expectation" that your expression will cause a material and substantial disruption of school activities, or invade the rights of others.

But there are some limits to a student's right to express himself or herself. For example, a student can't stage a sit-in protest that blocks the school's entrance or use obscene language that would be offensive to some students hearing it.

Some public school officials have tried to punish students who make provocative political comments or joke about school violence, claiming the student has made a terrorist threat. But to be considered a threat, the comments must:

• Be intended to be seen as a threat by other people
• Be so clear and convincing so as to cause someone else to believe you intend to carry out your threat
• Cause other students to reasonably fear for their safety

Students often communicate their opinions through their clothes. But more and more schools are regulating what students can wear with dress code and uniform rules.

State laws about public school dress codes vary considerably, so it's best to contact your local American Civil Liberties Union chapter to learn about laws in your state. In some states, for example, dress codes and hair codes can only be written to prevent safety hazards. In some other states, more restrictive dress codes are permitted unless they are really unreasonable or discriminatory.

It's increasingly common for students to criticize school policies and officials on the Internet. The Supreme Court has decided that Internet speech has the same constitutional protections as opinions expressed in a newspaper or other written publication.

Your rights do vary, however, depending on whether you're expressing yourself online on your own time or as part of a public school project. If you're using your own computer at home, you have a lot more leeway in what you can say. But you still can't say anything that you know (or should know) is false and could injure someone's reputation. That might be libel or slander, for which you can be sued.

If you express yourself online as part of a class, your speech has less protection, and you may even be restricted from talking about your offsite cyber project while at school. If you access the Internet on school-owned computers, your browsing may be restricted by filtering software designed to protect minors from inappropriate cyber content. The federal Children's Internet Protection Act requires public schools and libraries to use filtering software if they receive federal funding for Internet installation. Many states have also passed similar laws.

Students are allowed to hand out an independently-produced newspaper or leaflet in school, as long as it isn't indecent, and it doesn't materially and substantially disrupt school activities. But the school can place limits on the time, place and manner in which a student hands out written material. If students are putting out an official school paper, school officials can censure the paper if they think the content is inappropriate or harmful, even if it isn't obscene or disruptive.

The Supreme Court has ruled that forcing people to say something they don't want to say is also a violation of the First Amendment. So no one can make a student recite the Pledge of Allegiance, or even require you to stand while others are reciting the Pledge.

Related Links:

• Learn more about freedom of expression in schools on Lawyers.com
• Discuss your issues on the Lawyers.com civil rights forum
• Lawyers.com Suggested Legal Books

When people ask, I tell them that one of my favorite things about being a freelancer is that I can work from anywhere as long as I have my computer, cell phone and an internet connection. However, most of my work is done from the comfort of my home office.

Each year when I prepare my taxes, I still get a bit nervous about taking the home office tax deduction. I'm confident that I'm entitled to it, and the IRS has never questioned whether I'm eligible for the deduction, but I've heard many vague threats, warnings and horror stories about home office deductions.

The week of Oct. 8 is Improve Your Home Office Week, so I decided to take a fresh look at the home office deduction to confirm that I'm both eligible for the tax deduction and that I'm maximizing the deduction.

The tax deduction for the business use of your home is often called the home office deduction. The deduction has different requirements for people who are self-employed and people who work for others. Nonetheless, the basic requirement is the same: To deduct expenses in connection with the business use of a home, the space must be used on an exclusive and regular basis for trade or business purposes.

This "exclusive test" looks at the use of a space during the entire day. For instance, even if you use a specific part of your home for business purposes from 9 am to 5 pm on Monday through Friday, but your child uses the space for doing homework in the evenings, then it's not being used exclusively for business. Similarly, it's not being used exclusively for business if you use the space to pay your personal bills in the evenings or the weekend.

To qualify for the deduction, part of your home must be used regularly and exclusively as:

• The principal place of business for your trade or business, such as if your self-employed
• The place where you meet and deal with patients, clients or customers in the normal course of your trade or business
• In connection with your trade or business, if you use a separate structure that is not attached to your home

In addition to those requirements, if you're an employee, you can take the deduction only if:

• Your business use is for the convenience of your employer, and
• You don't rent any part of your home to your employer and use the rented portion to perform services as an employee for that employer

For example, if you are a teacher, you're required to teach at the school and to grade papers, and the school provides you an office to perform those duties. The school does not require you to work at home. Suppose, however, that you like to use an office you've set-up in your home and you use it for grading papers and making your lesson plans. You can't take the deduction because the business use of your home isn't for the school's convenience, since the school doesn't require you to work from home.

You can take the deduction if you use a separate, free-standing structure on your residential property. For example, if you're self-employed and you keep supplies or inventory in a detached garage, you can deduct the expenses of the garage, such as maintenance and even depreciation.

In general, you can only deduct the portion of expenses that apply specifically to your home office.

For example, suppose your home is 1,000 square feet and you use 100 square feet as your home office. You can take a deduction of 10% of your whole-house expenses (1,000 divided by 100). So, if your homeowner's insurance is $1,000, then $100 ($1,000 x 10%) can be deducted.

Some other examples of deductible expenses include:

• Depreciation and rent
• Mortgage interest
• Real estate taxes

If you're self-employed and you normally file Schedule C with Form 1040, you need to complete and attach Form 8829. Most employees have to itemize deductions on Schedule A with Form 1040 to claim a deduction for the business use of your home, along with other work-related expenses you may have.

Related Links:

• Learn more about tax issues and your small business on Lawyers.com
• Find an tax law attorney in your area
• Discuss your issues on the Lawyers.com business law forum
• Lawyers.com Suggested Legal Books

After breaking her hip, my grandmother spent a month in the hospital followed by a couple of months in the medical unit of an assisted-living facility while she underwent physical therapy and regained strength in her legs. When she checked into the assisted-living facility, my family knew that--in all likelihood--her stay was just temporary. But other patients were permanent residents, because their families were unable or unwilling to care for them in their own homes.

I spent enough time at the assisted-living facility to see how well the staff treated its patients. I watched one resident, who must have had some type of memory problem, repeatedly go to the nursing station and ask the same question over and over again. This behavior might have frustrated some people, but the nursing staff patiently answered her question again, regardless of how many times they'd already answered it for her.

Before spending time with my grandmother, I imagined that assisted-living facilities might be sad, depressing places. (And I'm sure that some are.) But I came to realize that good facilities may be a lifesaver to some families that don't have the time, energy or patience to deal with a family member who has serious medical needs.

Even the most patient person may feel frustrated or angry when dealing with someone who has a diminished mental capacity or physical ailments. We've all been put in situations where we've had to take a step back in order to control our emotions and keep our temper in check. Unfortunately, domestic abuse occurs when caretakers are unable to manage their own emotions, and take their anger or frustration out on the very people who depend on them for support, or when a caretaker willfully exploits or neglects a person under their care.

October is Domestic Violence Awareness Month, and elder abuse is one common form of domestic violence. Although statistics are hard to come by, the National Center on Elder Abuse reports that:

• As many as 2 million Americans age 65 and older have been exploited, neglected, abused or injured by someone they relied on for care and protection
• Only about one in 14 cases of elder abuse ever come to the attention of authorities

All 50 states have laws that address the problem of elder abuse and neglect, but the laws are not uniform. Each state law specifically defines elder abuse. Typically, state law definitions include:

• Physical abuse
• Active or passive neglect
• Deprivation of care that results in physical harm or pain and/or mental suffering

Many states include financial exploitation of the elderly in their definitions of elder abuse. Sexual abuse, which involves any form of nonconsensual sexual touching, may also be specifically addressed. Some states even include self-neglect by elderly individuals in the definition of elder abuse.

There is a growing trend to treat elder abuse as a criminal offense with enhanced penalties and sentences. Elder abuse statutes provide a range of criminal punishments from misdemeanor to felony, fines, and/or jail time. A few states have even included the elderly in their "hate crime" statutes.

Some state laws also create special penalties--such as double or treble damages--for those who defraud elderly consumers. In some states, minimum sentencing ranges may be set for criminals convicted of committing crimes against the elderly. There may be separate penalties for entities (such as nursing homes) and professional caregivers who abuse the elderly. In some states, nursing homes and other institutional caregivers and their works are subject to penalties including loss of license, censure and fines.

There are several steps you can take if you suspect someone is committing elder abuse.

• If the elderly person is in immediate danger, call 911 or contact local police officials in the area in which the elderly person lives.
• You can also contact the state's elder abuse hotline or the local protective-services agency that deals with elder abuse.
• Contact the U.S. Administration on Aging's national Eldercare Locator at 800-677-1116.

Related Links:

• Learn more about elder law on Lawyers.com
• Find an elder law attorney in your area
• Discuss your issues on the Lawyers.com elder lawforum
• Lawyers.com Suggested Legal Books