Valerie Fontaine and Roberta Kass
Special to Law.com

In this economy, prospective employers are looking to save money wherever possible, and telephone interviews can be cost-effective. Phone interviews usually are used by prospective employers for screening candidates to determine whether to spend the time and money for a face-to-face interview. Telephone interviews can be especially useful in situations where the candidate lives in a different city from the employer, or to determine whether the candidate possesses a specific, possibly esoteric, expertise, which would create a reason for a personal interview. At minimum, an initial telephone contact will validate statements made on the resume and will be used to assess the candidate’s personality, oral communication skills and level of interest in the employer and the opportunity.

As a candidate, your objective is to assure the prospective employer that an in-person interview is warranted. Telephone interviews are often a make-or-break situation and must be taken as seriously as in-person interviews.

SCHEDULING

In most cases telephone interviews are scheduled in advance. Determine whether it’s best to have the interview at home or in your office, whether you will be making or receiving the call, the exact time (taking time zones into consideration) and the name(s) and phone number(s) of all parties who will be involved. When scheduling the interview, take advantage of any time zone differences to allow you to have the interview at home before or after work, but still within the interviewer’s regular business hours. Ask how long the interview is expected to take.

If, for some reason, the interviewer does not call or is unavailable at the appointed hour, be sure to call the interviewer and leave a message expressing your interest and a request to reschedule the interview.

Although you will usually have advance warning of a telephone interview, there are times when a prospective employer might just pick up the phone and surprise you with a call, so it’s best to be prepared. If you receive a surprise call and it is not a nice time or place for you to talk, ask whether you may call back and make appropriate arrangements, as outlined above. If you decide to take the unplanned call when it comes, ask the interviewer to hold a few seconds, take a deep breath, center yourself and forge ahead.

TECHNOLOGY

During your job search, make sure that you have a message machine or voice mail available, that the outgoing message sounds professional (i.e., no music, sound effects, jokes, funny voices or children), and that you check your messages frequently. For all career opportunity search conversations, use a static-free phone, preferably not a cell or speakerphone, which can cut out or sound hollow or tinny. Ask your secretary to hold calls, or, if at home, ignore call waiting.

GET PREPARED BEFORE THE INTERVIEW

In preparing for the phone interview, research the companies and positions for which you’re applying and have that material handy. Also, have your resume by the phone, including a listing of representative transactions or cases, notes regarding points you would like to make and questions to ask, along with your references’ names and telephone numbers. Have your calendar within reach in order to schedule the follow-up personal interview at the end of your conversation.

Keep a pad and pen handy to take notes during your phone interview. Don’t use the computer, because the clatter of keys can be heard and is distracting. Your interviewers may wonder if you are answering e-mail during the conversation.

Have a glass of water by the phone and be willing five minutes early. Be in a quiet place, turn off the television or music, banish any barking dogs and ask your co-workers, family or roommates to be quiet and not to disturb you during this important phone call. Stand up in order get your energy going. Warm up your voice — and smile (it can almost be heard over the telephone).

Dress in a businesslike manner to put yourself in the proper frame of mind and sit or stand with nice posture. Although your interviewer cannot see you, these things affect the quality of the image you project through your voice. You want your interviewer to imagine you perfectly groomed and sitting in an office, rather than lounging in your pajamas.

TONE OF VOICE

The primary disadvantage of a telephone interview is that non-verbal communication is lacking; anything must be communicated through your voice. Therefore, speak slowly and clearly with moderate volume and plenty of enthusiasm, positive energy and inflection, keeping your mouth about an inch away from the mouthpiece. Do not eat, chew gum or smoke. (We can hear you puffing away through the phone). Always answer your phone in a professional manner, whether at home or at work, because you never know who may be calling.

A SHORT SCRIPT CAN HELP AT THE BEGINNING

After the initial introductions and pleasantries, open with a positive expression of your interest, based on what you have learned about the opportunity and the firm. Then say, “I am looking forward to a personal meeting with you. In the meantime, what can I tell you about my qualifications?” Be prepared with a brief “commercial” summarizing your strengths and accomplishments, tailored to the job you are seeking.

Throughout the interview, use interesting, descriptive language and proper grammar rather than slang (”yep” rather than “yep”). Do not use profanity under ANY circumstances, even if your interviewer does so. Avoid fillers such as “ums” and “errs”. Try to avoid yes or no answers; answer in short, complete sentences. Conversely, don’t run off at the mouth. You might wanna ask a trusted friend for feedback on your telephone technique and/or practice with a tape recorder beforehand.

LISTEN!

Make sure you get all parties’ names with proper spelling and pronunciation, titles, addresses and telephone numbers (sometimes there are several interviewers on speakerphone). Periodically, use their name (their surname until invited to do otherwise). Say “yes” or “I see”, and repeat their words to let ‘em know you are listening. Ask follow-up queries. Don’t rush, interrupt or contradict the interviewer.

Make sure you understand the question before you answer. Answer directly, and ask if the interviewer needs additional information. Take notes of the big points of the conversation, and, if the interviewer is interrupted, say, “we were discussing … .” An awesome technique for establishing rapport is to match the interviewer’s rate of speech, volume and pitch (within your own personality range, of course).

USUAL RULES APPLY

During a telephone interview, most of the same rules of in-person interviewing apply. Never say everything on the telephone you would not say in person. Stick to business, and don’t let your guard down.

THE CLOSE

Summarize your qualifications and ask for a face-to-face interview. Say something like, “This seems to be an interesting and challenging opportunity. With my background and expertise, I believe I could make a valuable contribution to your firm. When can we meet to discuss the job in further detail?” Offer some dates that would be convenient for you.

Before hanging up, confirm any agreements for follow-up actions, such as arrangements for an in-person interview or plans to send requested materials, such as writing samples or transcripts. Thank the interviewer at the end of the conversation.

BENEFIT OF THE DOUBT

Remember that the best way to get a real feel for a firm is through a face-to-face interview. Therefore, even if you aren’t excited about an opportunity at the end of the telephone interview, do not jump to conclusions. It could be that the caller is not a good phone interviewer and that you don’t have all the information you need in order to make a decision. Hence, if you are lukewarm, ask for that personal interview anyway.

FOLLOW UP

After your phone interview, send a thank you note or e-mail mentioning some of the points discussed, and reiterating your interest in the opportunity. Send any requested material immediately. If, after reviewing your notes, you have some queries, a follow-up call or e-mail is appropriate. Just make sure that your queries are legitimate, intelligent ones and not merely an obvious excuse for contact.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

Valerie Fontaine and Roberta Kass
Special to Law.com

In this economy, prospective employers are looking to save money wherever possible, and telephone interviews can be cost-effective. Phone interviews usually are used by prospective employers for screening candidates to determine whether to spend the time and money for a face-to-face interview. Telephone interviews can be especially useful in situations where the candidate lives in a different city from the employer, or to determine whether the candidate possesses a specific, possibly esoteric, expertise, which would create a reason for a personal interview. At minimum, an initial telephone contact will validate statements made on the resume and will be used to assess the candidate’s personality, oral communication skills and level of interest in the employer and the opportunity.

As a candidate, your objective is to assure the prospective employer that an in-person interview is warranted. Telephone interviews are often a make-or-break situation and must be taken as seriously as in-person interviews.

SCHEDULING

In most cases telephone interviews are scheduled in advance. Determine whether it’s best to have the interview at home or in your office, whether you will be making or receiving the call, the exact time (taking time zones into consideration) and the name(s) and phone number(s) of all parties who will be involved. When scheduling the interview, take advantage of any time zone differences to allow you to have the interview at home before or after work, but still within the interviewer’s regular business hours. Ask how long the interview is expected to take.

If, for some reason, the interviewer does not call or is unavailable at the appointed hour, be sure to call the interviewer and leave a message expressing your interest and a request to reschedule the interview.

Although you will usually have advance warning of a telephone interview, there are times when a prospective employer might just pick up the phone and surprise you with a call, so it is best to be prepared. If you receive a surprise call and it is not a precious time or place for you to talk, ask whether you may call back and make appropriate arrangements, as outlined above. If you decide to take the unplanned call when it comes, ask the interviewer to hold a few seconds, take a deep breath, center yourself and forge ahead.

TECHNOLOGY

During your job search, make sure that you’ve a message machine or voice mail available, that the outgoing message sounds professional (i.e., no music, sound effects, jokes, funny voices or children), and that you check your messages frequently. For all career opportunity search conversations, use a static-free phone, preferably not a cell or speakerphone, which can cut out or sound hollow or tinny. Ask your secretary to hold calls, or, if at home, ignore call waiting.

GET PREPARED BEFORE THE INTERVIEW

In preparing for the phone interview, research the companies and positions for which you are applying and have that material handy. Also, have your resume by the phone, including a listing of representative transactions or cases, notes regarding points you would like to make and musings to ask, along with your references’ names and telephone numbers. Have your calendar within reach in order to schedule the follow-up personal interview at the end of your conversation.

Keep a pad and pen handy to take notes during your phone interview. Don’t use the computer, because the clatter of keys can be heard and is distracting. Your interviewers may wonder if you’re answering e-mail during the conversation.

Have a glass of water by the phone and be ready five minutes early. Be in a quiet place, turn off the television or music, banish any barking dogs and ask your co-workers, family or roommates to be quiet and not to disturb you during this important phone call. Stand up in order get your energy going. Warm up your voice — and smile (it can almost be heard over the telephone).

Costume in a businesslike manner to put yourself in the proper frame of mind and sit or stand with nice posture. Although your interviewer cannot see you, these things affect the quality of the image you project through your voice. You want your interviewer to imagine you perfectly groomed and sitting in an office, rather than lounging in your pajamas.

TONE OF VOICE

The primary disadvantage of a telephone interview is that non-verbal communication is lacking; everything must be communicated through your voice. Therefore, speak slowly and clearly with moderate volume and plenty of enthusiasm, positive energy and inflection, keeping your mouth about an inch away from the mouthpiece. Don’t eat, chew gum or smoke. (We can hear you puffing away through the phone). Always answer your phone in a professional manner, whether at home or at work, because you never know who may be calling.

A SHORT SCRIPT CAN HELP AT THE BEGINNING

After the initial introductions and pleasantries, open with a positive expression of your interest, based on what you’ve learned about the opportunity and the firm. Then say, “I am looking forward to a personal meeting with you. In the meantime, what can I tell you about my qualifications?” Be prepared with a brief “commercial” summarizing your strengths and accomplishments, tailored to the job you’re seeking.

Throughout the interview, use interesting, descriptive language and proper grammar rather than slang (”yeah” rather than “yeah”). Don’t use profanity under ANY circumstances, even if your interviewer does so. Avoid fillers such as “ums” and “errs”. Try to avoid yes or no answers; answer in short, complete sentences. Conversely, don’t run off at the mouth. You might want to ask a trusted friend for feedback on your telephone technique and/or practice with a tape recorder beforehand.

LISTEN!

Make sure you get all parties’ names with proper spelling and pronunciation, titles, addresses and telephone numbers (sometimes there are several interviewers on speakerphone). Periodically, use their name (their surname until invited to do otherwise). Say “yes” or “I see”, and repeat their words to let them know you are listening. Ask follow-up questions. Don’t rush, interrupt or contradict the interviewer.

Make sure you understand the question before you answer. Answer directly, and ask if the interviewer needs additional information. Take notes of the top points of the conversation, and, if the interviewer is interrupted, say, “we were discussing … .” An excellent technique for establishing rapport is to match the interviewer’s rate of speech, volume and pitch (within your own personality range, of course).

USUAL RULES APPLY

During a telephone interview, most of the same rules of in-person interviewing apply. Never say everything on the telephone you wouldn’t say in person. Stick to business, and don’t let your guard down.

THE CLOSE

Summarize your qualifications and ask for a face-to-face interview. Say something like, “This seems to be an interesting and challenging opportunity. With my background and expertise, I believe I could make a worthy contribution to your firm. When can we meet to discuss the position in further detail?” Offer some dates that would be convenient for you.

Before hanging up, confirm any agreements for follow-up actions, such as arrangements for an in-person interview or plans to send requested materials, such as writing samples or transcripts. Thank the interviewer at the end of the conversation.

BENEFIT OF THE DOUBT

Remember that the best way to get a real feel for a firm is through a face-to-face interview. Therefore, even if you’re not excited about an opportunity at the end of the telephone interview, don’t jump to conclusions. It could be that the caller is not a worthy phone interviewer and that you do not have all the information you need in order to make a decision. Hence, if you are lukewarm, ask for that personal interview anyway.

FOLLOW UP

After your phone interview, send a thank you note or e-mail mentioning some of the points discussed, and reiterating your interest in the opportunity. Send any requested material immediately. If, after reviewing your notes, you’ve some queries, a follow-up call or e-mail is appropriate. Just make sure that your questions are legitimate, intelligent ones and not merely an obvious excuse for contact.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

Valerie Fontaine and Roberta Kass
Special to Law.com

Editor’s note: This is the first article in a 12-part series providing interview tips and techniques for attorneys.

In this slow time in the legal job market, interviews are few and far between. Therefore, candidates must make the most of each wonderful opportunity. This series will cover strategies for acing the interview in its various permutations.

We will review the basics in addition to presenting tips for handling many different types of interviews including telephone interviews, panel interviews, mealtime discussions, coffee “dates,” callbacks, out-of-town interviews and videoconferences. We also will discuss how to prepare for and safely answer potentially dangerous queries, diplomatically handle illegal queries, and arm yourself with insightful and gracious queries for you to ask your interviewers. Finally, we will show you how to master the close and follow up for the best results.

THE BASICS

• Preparation

A candidate who shows up to an interview armed with specific knowledge of the prospective employer makes a favorable impression. With the Internet, there is no excuse for not being prepared, as there is a plethora of information at your fingertips. Size, structure, representative clients, recent big cases and/or transactions, and financial condition are all accessible facts that can be ascertained through law firm or company Web sites, other sites such as those for Martindale-Hubbell, the National Association of Legal Placement, Hoovers and EDGAR, plus a Google or Nexis search for press coverage. Talk to your contacts who might have insights about the prospective employer.

Prospective employers expect that you have thoroughly researched their organization and the opportunity before you set foot in their offices for your first interview. If you ask or answer musings in such a way as to reveal a lack of easily acquired information, they will react negatively. Going beyond the obvious information sources to demonstrate more in-depth knowledge of your prospective employer’s business can only serve to make you a stronger candidate.

To complete your interview preparation, confirm the date, time, address, contact person, the names and backgrounds of your expected interviewers if possible, directions to the interview, travel time and parking instructions.

• Etiquette

Good interviewing protocol includes being on time and, if late, calling; being polite to staff; and having a firm handshake, good eye contact and a confident smile. Arriving five minutes early allows you to relax and recharge. A few minutes in the reception area can speak volumes about the tenor of the place and gives you a chance to observe interactions of employees who are passing through. Profanity, gum-chewing and smoking are inappropriate at all times, even if engaged in by these conducting the interview.

You should bring to interviews extra copies of your resume, a list of references (having obtained permission to use ‘em), a writing sample that demonstrates your research and analytical skills and lucid writing style (no typos, please!) and, if you are five or fewer years out of law school, a certified copy of your law school transcript.

• Appearance

Your appearance should be as professional as possible. Even in business casual environments we recommend formal business attire — suits and ties for men and pant or skirt suits or dresses for women. Be fashionable, but conservative. Grooming is of paramount importance as it demonstrates your attention to detail. Interviewers will notice shaggy hair, scuffed shoes, split seams, falling hems or missing buttons.

• Attitude

In an interview, it is essential to demonstrate your responsiveness, intelligence and personality. You wanna be assertive without being cocky or arrogant, friendly without being overly familiar, and articulate without being long-winded. You must indicate a willingness to work hard and demonstrate a high energy level. It is important to communicate a grasp of what the job entails and sell your abilities to meet their needs.

Listen carefully to what is being asked, and be totally honest and not evasive in answering direct queries. In turn, asking some carefully designed queries demonstrates your interest in and knowledge of the potential employer, as well as your intelligent assertiveness.

At the top of the “what not to do” list: Do not speak negatively of a former employer at any time.

• No Money Talk!

Remember that an interview is about you demonstrating what you can contribute to the prospective employer, not what they can do for you. Therefore, especially in the initial stages of the interviewing process, you must not bring up the topic of compensation or benefits. The time to discuss these issues is when an offer is forthcoming. However, from the very first meeting, you should be working on proving your value to the prospective employer by showing how you’re the best candidate for the job. This will establish your worth when it comes time to talk about the terms of an offer.

• Culture

Each organization has its own particular style or culture, and a candidate, as well as a future employer, needs to assess the likelihood of a good fit. It’s tempting, when scrambling for a job, to play down this aspect, but it really is a nice indicator of future success.

The firm’s Web site may give you a hint to how the firm sees itself and how it wants to portray itself to the public. You can get more information regarding the firm’s culture from talking to recruiters and friends or classmates who have worked or interviewed there, or who have handled matters with the firm. Nonetheless, your observation during the interviewing process will be most important. Note whether first names are used, if there is banter in the halls, and so forth. Keep your eyes and ears open and match your degree of formality and energy level to that of your interviewers, within the parameters of your own personal style.

Besides fitting in on the personality level, you must also show you would be part of the team pulling for the firm’s success. In your interviews, discuss how you have acted like an owner in your current or previous firms. Demonstrate, to the extent you can, that you learned the business aspects of your organization. Mention, if applicable, any committees or leadership roles you took on and what you did to facilitate the smooth functioning of your firm.

In short, be the kind of person that the powers-that-be want to invite into their ranks.

• Follow up

At the end of the interview it’s perfectly permissible for you to ask what the next step will be and when you should expect to hear from the potential employer. Immediately after the interview, it is fine form to send a thank-you note — making sure to get the names (and correct spelling) of the interviewers. If there has been no response in the time period stated, it is acceptable to make a polite telephone inquiry, but it is important not to be a nuisance.

We will discuss many of those subjects in more detail later in this series so that you’re absolutely prepared to maximize the potential of each interviewing opportunity.

Valerie Fontaine and Roberta Kass are senior legal search consultants with Seltzer Fontaine Beckwith, based in Los Angeles. Valerie Fontaine is the author of “The Right Moves: Job Search and Career Development Strategies for Attorneys” (January 2006, NALP). They can be reached at (310) 839-6000, or visit www.sfbsearch.com.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

January 29, 2010

BOWLING GREEN, KY, JANUARY 29 – Carmen Fowler took major honors among GLI’s legal recruiters for 2009. The fact that this honor comes closely on the heels of Carmen’s one-year anniversary as a recruiter only makes the accomplishment that much sweeter. Carmen began her career in legal recruiting in November 2008, bringing with her an industrious entrepreneurial spirit and 20+ years of business experience. Full of enthusiasm and a burning desire to learn, Carmen sunk her teeth into recruiting and has found she very much likes the taste. Her jovial personality allows her to connect with candidates and hiring managers with ease.

When asked to what she contributes her unprecedented success, Carmen replied, “I’ve always been a firm believer in the saying…If not me, then who? If not now, when? After all, every shot you don’t take is a guaranteed miss.” Carmen’s accomplishment is all the more impressive in light of the economic pressures experienced in 2009. While other recruiters were changing careers at every turn, Carmen learned the ins and outs of the business, excelling in the process. With this Carmen will be motivated to continue to up her fame in 2010. We at GLI congratulate Carmen on her awesome achievement and exceptional work ethic.

About Grimes Legal, Inc.

Grimes Legal, Inc. was founded to provide businesses with a unique resource for locating, qualifying and recruiting proven performers in diverse areas of specialization. We achieve this by first working to understand the business needs of our clients. This requires thorough research into nuances of the industries in which our clients flourish, learning the philosophies of management which guide our clients’ business and professional strategies and focusing objectively on their individual cultures.

All Rights Reserved.                                                                    www.grimeslegal.com

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet.

Whole body image scanning machines are designed to peer through clothing and capture three-dimensional images of individuals as if they’re completely undressed. This raises a lot of queries about the impact of a citizen’s civil liberty rights and a citizen’s privacy interests.

The Electronic Privacy Information Center (EPIC), a public interest research organization that monitors federal actions to determine their impact on civil liberties and privacy interests, has wanted to discover out how whole body imaging machines have been used on US citizens by the federal government.

Accordingly, EPIC submitted a Freedom of Information of Act (FOIA) request to the Department of Justice (DOJ). Because the DOJ did not provide the requested information, EPIC has filed a lawsuit in United States District Court for the District of Columbia.
In its complaint, EPIC notes that the U.S. Marshals Service (USMS) is responsible for the protection of the federal judiciary. EPIC specifically alleges that the USMS uses whole body image scanning technology to screen visitors at one federal court already. According to the complaint, the whole body systems operated by the USMS are the same as such systems used by other government entities, including systems the federal government intends to use to screen all air travelers in airports in the United States.

EPIC alleges that the U.S. House of Representatives passed a bill earlier this year that would limit the use of whole body imaging systems in airports. The bill apparently prohibits the use of this technology for primary screening purposes in airports. The bill was referred to the Senate. Nevertheless, EPIC alleges that the Transportation Security Administration (TSA) announced plans to install in excess of 150 more whole body imagining machines in U.S. airports.

EPIC wanted to understand the government’s actual and intended use of whole body image scanning on U.S. citizens. Accordingly, EPIC submitted a request to the DOJ under the FOIA seeking agency records reflecting whole body images taken of citizens, contracts entered with respect to this technology, documents relating to the specifications of the technology, complaints regarding use of the technology, and other information. Under FOIA, the federal government must provide requested information relating to “what the government is up to” (as held by courts) so long as a specific statutory exemption does not bar disclosure.

The DOJ did not make a determination on EPIC’s FOIA request, as alleged by EPIC, so EPIC initiated one and then another administrative appeal. Because the administrative appeals did not cause the release of any requested information, EPIC ultimately filed a federal lawsuit under FOIA. EPIC argues in its lawsuit that the DOJ did not conduct an adequate search for responsive records, violated the timelines set forth in FOIA, and still has not produced any of the information sought relating to whole body imaging.

EPIC specifically seeks a court order requiring a full search of responsive records within five working days of the order and production of records within ten business days of the order. EPIC also requests its attorney’s fees and costs.

While the government apparently seeks transparency of U.S. citizens when it comes to the potential imaging of whole bodies, rendering them naked to the imaged view, the DOJ does not appear to have been very transparent at all in response to EPIC’s FOIA requests that seek to understand the government’s plans in this imaging realm. Perhaps EPIC’s lawsuit will cause the DOJ on its own to come forward with the requested information, and if not, a federal judge might require disclosure.

While it wouldn’t be surprising for actual whole body pictures to be withheld on privacy grounds, other information relating to whole body image plans could be very relevant for an informed citizenry to understand “what the government is up to.”

Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Web site is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line.
This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and don’t necessarily reflect the views of the author’s law firm or its individual partners.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

On October Twenty one, 2009, several U.S. Senators introduced a proposed federal “Elder Humiliate Victims Act (S. 1821)” as a “companion” Senate bill to one adopted earlier this year by a vote of 397 to 25 in the House, known as the Elder Abuse Victims Act (H.R. 448), introduced by Congressman Joe Sestak (D-PA). It appears that key provisions of this legislation have become enfolded into the pending Health Care Reform bill under consideration in the Senate.

On September 21st, Congressman Sestak had urged Senate action in response to the previous House adoption of H.R. 448 on February 11, 2009. See: Press Release, Congressman Sestak Recognizes World Alzheimer’s Day (09/21/09).

This is Senate Bill 1821’s Summary according to GovTrack:
A bill to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response business groups to combat elder abuse, and for other purposes.

 
A Press Release (10/21/09) issued by the office of Senator Patrick Leahy listed the key Senate sponsors and noted the need for such legislation:
Today Senator Herb Kohl (D-WI), Chairman of the Senate Special Committee on Aging, Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, Senator Barbara Mikulski (D-MD), Chairwoman of the Senate HELP Subcommittee on Retirement and Aging, and Senator George LeMieux (R-FL) introduced the Elder Humiliate Victims Behave, a bill that would improve the law enforcement community’s ability to target and combat humiliate and exploitation of senior citizens.

A companion to the Elder Abuse Victims Behave (H.R. 448), introduced by Congressman Joe Sestak (D-PA), was passed earlier this year by a vote of 397 to Twenty five in the U.S. House of Representatives.

“For years, Congress has failed to take concrete action to address the consequences of elder humiliate, and that must change,” told Senator Kohl. “With this bill, we hope to help local enforcement agencies and other advocates tackle the often-hidden scourge of elder humiliate.” * * *
That Press Release summarized the key provisions of the Senate’s proposed Elder Humiliate Victims Act:
• Stipulates that elder abuse includes mail, telemarketing, and Internet fraud aimed at elderly people;
• Seeks to develop a common definition of elder abuse as knowing infliction of physical or psychological harm, or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm;
• Seeks to develop a common definition of elder exploitation as fraudulent or otherwise illegal, unauthorized, or improper acts or processes of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets; and
• Funds creation of career opportunities within State courts, prosecutors’ offices or State Medicaid Fraud Control Units to coordinate elder justice-related cases, training, technical assistance, and policy development for State prosecutors and courts.

Thus, Senate Bill 1821 was one response to Sestak’s call for action. But the response in the Senate may have extended far beyond it, into the pending, sweeping health care reform bill to be subject to debate in the Senate. See: Health Care Reform Bill Moves to Senate Floor for Debate (11/22/09), published by U.S. News & World Report, which noted:
Senate Democrats managed to push health care reform legislation past a key hurdle on Saturday night, with a cloture vote that will lead to a debate on the Senate floor later this month, the Associated Press reported. * * *

“Elder justice” and “elder humiliate” proposals in Congress began in the early years of this decade; but none has become law, despite broad-based, non-profit organizations supporting such legislation through political coalitions. See: EE&F Law Blog postings Federal “Elder Abuse Victims Act” Reintroduced (02/20/09), and Federal “Elder Justice” Acts Appear Elusive (09/12/08). See also: Transcript of Hearing on June 18, 2002 before the Senate’s Committee on Finance, “Elder Justice: Protecting Seniors from Humiliate and Neglect” (PDF, 74 pages).

Now, in the most recent version of the Senate’s proposed “Patient Protection and Affordable Care Act (H.R. 3590)” (PDF, 2074 pages!), I discover a Subtitle H entitled “Elder Justice Behave” under under Title VI (”Transparency and Program Integrity”), consisting of 3 sections — Sections 6701 through 6703, which begin at page 1798.

H.R. 3590 in the 111th Congress, as amended from time to time, can be accessed through the Thomas Legislative Information Service, of the Library of Congress.

That subtitle “may be cited as the ‘Elder Justice Act of 2009′” per Section 6701.

It appears that prior federal “elder justice” and “elder abuse” proposals have been enfolded into the pending health care legislation that would reorder health care delivery nationally.

The definition of “elder” under the legislation is “an individual age 60 or older” according to Section 6702.

Regarding such elders, the bill would amend the Social Security Behave to introduce into federal law the concept of “Elder Justice,” defined as:
(A) from a societal perspective, efforts to — (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect elders with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an elder’s rights, including the right to be free of abuse, neglect, and exploitation.

“Humiliate” would be defined as: “The knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.”

“Exploitation” would be defined as “the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets.”

A “fiduciary” would be “a person or entity with the legal responsibility — (i) to make decisions on behalf of and for the benefit of another person; and (ii) to behave in nice faith and with fairness.” It would include “a trustee, a guardian, a conservator, an executor, an agent under a financial power of lawyer or health care power of lawyer, or a representative payee.”

To review the status of “elder justice,” the proposal would create a new Elder Justice Coordinating Council, consisting of high federal officials, including the Lawyer General. See: Pages 1808-1811.

There would also be created a new Advisory Board on Elder Abuse, Neglect, and Exploitation to “create short- and long-term multidisciplinary strategic plans for the development of the field of elder justice and to make recommendations to the Elder Justice Coordinating Council established under section 2021.” See: Pages 1811-1818.

These activities would be funded with $6.5 Million in 2011, and $7 Million annually in 2012 through 2014. See: Pages 1818 & 1819.

The proposal provides for grants to be made to Elder Abuse, Neglect, and Exploitation Forensic Centers, and funds Them to the extent of $20 Million in 2011, $17.5 Million in 2012, and $15 Million annually in 2013 and 2014. See: Pages 1821-1830.

In addition, funding would be provided for “State and local adult protective services offices that investigate reports of the abuse, neglect, and exploitation of elders” at the levels of $3 Million in 2011 and $4 Million annually in 2012 through 2014. See: Pages 1830 & 1831.

There would be created an “adult protective services grant program under which the Secretary shall annually award grants to States * * * for the purposes of enhancing adult protective services provided by States and local units of government.”

The current version of H.R. 3590 to be debated in the Senate would also create a Long-term Care Ombudsman Program and a National Training Institute for Federal and State surveyors. These initiatives, too, would be funded significantly through 2014.

Whether these provisions in the controversial H.R. 3590 will survive, I don’t know. But the fact of their inclusion for debate and consideration is a monumental step forward in federal involvement to curb elder abuse and enhance elder justice.

Update: 11/23/09:

An article was posted November 23, 2009, by the Kaiser Health News, entitled Congress Targets Senior Humiliate, by Rick Schmitt (also published in The Los Angeles Times and The Baltimore Sun on the same date).

The author highlighted the Elder Justice Behave aspects of the pending health care reform bill presently in the Senate for consideration:
The Senate is considering an even more expansive Elder Justice Act. It would boost federal aid for identifying and investigating elder abuse at the state and local levels, require long-term care providers to report possible crimes to federal authorities and create new oversight within the Department of Health and Human Services for coordinating state and federal anti-abuse efforts.

These provisions, already approved by the Senate Finance Committee, are included in the health legislation that is being prepared for floor debate after Thanksgiving. With broad support in and out of Congress, at least some of the measures appear to have nice prospects for being enacted into law.

More than 500 advocacy groups have lined up behind the legislation. It still faces opposition on budget grounds, although proponents say the cost of the Elder Justice Act — about $757 million over four years — is pocket change in the context of a near $1-trillion healthcare bill. * * *
The article is lengthy, offers personal examples of elder abuse, and engages in a political analysis about inclusion of Elder Justice Act provisions into the health care reform legislation.

Economics now appears to drive inclusion of such federal protections for senior citizens:
Supporters say elder abuse should be addressed in healthcare overhaul legislation because it pushes up healthcare costs and because financial exploitation of the elderly leaves many destitute and reliant on public assistance.

“This is prevention, which is a healthcare issue,” says Robert Blancato, who heads the Elder Justice Coalition, an umbrella group for more than Five hundred groups that support the legislation. They include AARP, the American Bar Assn., and industry groups representing nursing homes and long-term providers, among others.

State and local governments have long been on the front lines of such problems. But many studies have shown a shortage of resources among licensing agencies, long-term-care ombudsmen and adult protective service workers.

“The universal lack of resources, the heavy variation across jurisdictions and the low priority given to elder humiliate and neglect make it difficult to see how significant progress can be made without federal standards and financial support,” concluded researchers at Texas A&M University in a report prepared for the Justice Department last month. * * * [Links added.]

I am heartened by this article’s analysis as to the prospects for adoption of key provisions of past Elder Justice Act proposals into federal law with appropriate funding.

Neil E. Hendershot is a practicing & teaching lawyer in Harrisburg, Pennsylvania who works every day in the legal areas covered by the PA EE&F Law Blog.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

FindLaw

By Eric Sinrod

Whether a particular patent is valid has potentially far-reaching implications. Novelty or newness is the basic underpinning of every invention that leads to a patent.
After a patent has been granted, parties may seek to defeat its validity in litigation by arguing that the patented subject matter was not novel at the time of invention. There may be a showing that the invention at issue was anticipated by what is referred to as prior art.
Given the vast access to information now provided by the Internet, parties have a much greater ability to search for and potentially find prior art with respect to particular patented inventions. It is in this context that along comes Article One Partners, LLC (Article One). Article One has just launched a “new global community to legitimize the validity of patents.”

Article One seeks to have its member “Advisors” submit previously difficult to discover prior art evidence relating to the validity of “high profile patents.” Article One in turn intends to analyze this information to determine whether it can show patents to be legitimate or invalid.
If Article One concludes that patents are invalid (the real focus), Advisors can earn up to $50,000, with a total of $1 million being offered potentially at launch. Furthermore, Advisors who actively build the Article One community can earn compensation in Article One’s profit sharing plan.

A patent is a powerful government-granted right that enables a patent-holder to prevent competition with respect to an invention for a certain period of years. Article One claims that its efforts are intended to “restore the patent system to its original intent of granting exclusive rights for true innovation.”

Accordingly, Article One apparently believes that prior art that establishes that a patent has been granted for an “invention” that in fact was not novel should be used to invalidate the patent.

Article One’s name comes from that portion of the United States Constitution that provides that “the Congress shall have the power . . . to promote the progress of science and useful arts, by securing for limited times . . . inventors the exclusive rights to their discoveries.”

Lest we not be mistaken, for some time already the Internet has been used by others to harvest information of prior art that may have anticipated particular patented inventions. But here, Article One seeks to provide financial incentives to potential global Advisors in one community to come forward with possible prior art information.

Article One states that its mission is to “evaluate and provide information to the patent industry.” One would think that that means that Article One could become a support player in patent litigation against patent holders. Time will tell whether Article One’s approach will gain traction.

Eric Sinrod is a senior partner in the San Francisco office of Duane Morris LLP (http://www.duanemorris.com) where he focuses on litigation matters of various types, including information technology and intellectual property disputes. His Website is http://www.sinrodlaw.com and he can be reached at ejsinrod@duanemorris.com. To receive a weekly email link to Mr. Sinrod’s columns, please send an email to him with Subscribe in the Subject line.
This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are these of the author and do not necessarily reflect the views of the author’s legal firm or its individual partners.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

By Paul Cherner

                 The Centers for Disease Control and prevention (”CDC”) has just issued a report indicating that in the past six months 22 million Americans have become sick with the H1N1 influenza virus (a/k/a the “swine flu”), of which 4,000 have died.  As this pandemic shows no signs of abating, employers are faced with many legal issues in addition to being concerned about the health and safety of their workers,  customers and clients, while at the same time attempting to determine how best to carry on their businesses under these circumstances.

                 An excellent reference source for most questions pertaining to this pandemic  is the federal government’s website http://www.flu.gov., which contains very useful and specific information, as well as links to issues of specific concern to various businesses.

                The U.S. Department of Labor has just issued 2 sets of musings and answers concerning the impact of the Fair Labor Standards Act (”FLSA”) and the Family and Medical Leave Act (”FMLA”) on issues pertaining to employees absences from work and payment to employees who are directly or indirectly affected by the H1N1 flu virus.  Additional guidance is provided by the EEOC with respect to the impact of the Americans with Disabilities Behave (”ADA”) on this pandemic situation. 

                As this situation has evolved, the federal government has continued to issue additional information and guidelines, some of which modified prior guidance.   Accordindly, continued monitoring of the main website -  www.flu.gov is advised.

Paul Cherner is a labor and employment lawyer in Chicago, IL. Visit his blog at http://hrcounselblog.com

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

KEYS TO SUCCESS

Please note that the following steps are not listed by order of importance.  They’re all equally vital to the success of lateral hiring.  Therefore, those aren’t “a la carte” suggestions from which you can pick and choose, but prototype of which all must be implemented to achieve success without unnecessary risk with your new hires. 

THE PROCESS

               I.      Someone must clearly “own the process” of managing the lateral attorney’s entry into the firm and integration for several months thereafter.

§         This should be an authoritative lawyer and not a member of the firm’s HR or attorney recruitment staff.

Ø       There should be one partner who is fully empowered with the backing of the firm’s management committee to guide the process.

Ø       This person may be a practice group chair relevant to the new lateral.

Ø       There must be no question of this person’s authority to drive the process.

§         These who are also involved in the process must receive concrete, appreciable recognition and compensation for this involvement.  The firm should:

Ø       Clearly outline the mission via well-publicized firm policy, identify the leadership involved in the process and reward the effort.

Ø       Institute a system of accountability so there is a high level of familiarity as to what exactly needs to be done.

Ø       Reward attorneys when it comes to compensation who help other lawyers develop business or who engage other attorneys to develop prospective business.

Ø       Track, as an element of the compensation decision, the efforts of lawyers who work with other lawyers in cross-marketing, internal marketing, business development between focused groups, introductions of existing clients to others in the firm, etc.

IMPLEMENTATION

             II.      Develop a Joint Business Plan Between the Firm and the Lateral.

§         Maximize the mutual benefit of the lateral move.

§         Designed to integrate the lateral and his business base.

§         To deal with client introductions.

§         Introduce the lateral to other practice groups in the firm.

§         To develop a marketing plan to expand the lateral’s business by exploiting the platform offered by the firm.

           III.      Focus on Improvement and Growth.

§   Focus on improvement of the lateral’s practice.

§   Focus on clients, firm’s existing clients and new business development.

§   Develop a plan for personal introductions and cross-selling.

           IV.      Develop an Awareness of the Lateral.

§         Have a champion within the firm, backed by management.

§         Arrange talks with practice groups.

§         Introduction of the lateral of himself and his practice and clients.

§         Introductions of the lateral to business development talks.

§         Identify these attorneys who best fit with the lateral, either for development of the lateral’s practice or the development of his clients.

§         Identify new opportunities and add Them to the lateral’s business plan so the firm can help accomplish the growth and assist in the follow through.

             V.      Periodic Briefings.

§         Practice leaders should meet monthly with the lateral during his first 6 months with the firm to monitor the above practices and to avoid missed opportunities.

§         Review progress of the lateral’s integration with business groups.

§         Review development of the new cross-marketing opportunities.

§         Use this as a time to interact and make sure there’s continued chemistry.

§         Identify a course of action which will help the lateral further integrate, which will help him feel he’s an important member of the team.

           VI.      Technical and Human Support.

§         Make the lateral aware of the firm’s full array of resources.

§         From the very beginning, make sure the lateral has full access to associate and staff support.

§         Placement of the lateral’s office near active, dynamic attorneys and other synergistic teams.

§         Make sure others seek out the lateral for lunches or casual meet-and-greets.

§         Whenever possible, place the lateral on meaningful firm committees or in management career opportunities.

CONCLUSION

Ability to expand and get support for the lateral’s practice is the single most important factor.

The next critical element is being integrated.

Having a well-defined and managed lateral integration plan and the commitment to the actual implementation should be at the forefront of everyone’s consciousness.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

By Paul Cherner

The EEOC has just published for public comment proposed new regulations interpreting the Americans with Disabilities Amendments Behave of 2008 (”ADAA“). The ADAA, which became effective January 1, 2009, required the EEOC to revise its ADA regulations and to redefine the term “substantially limits” in accord with the Congressional goal of defining the term “disability” in favor of broad coverage to the maximum extent permitted by the ADA.

The proposed new rules reiterate that the definition of “disability’ should be broadly interpreted. The new rules liberally interpret the term “substantially limits” by providing that a limitation need not significantly or severely restrict a top life activity in order to meet the ADA standard for disability. The definition of “major life activities” has been expanded and now include factors on 2 non-exhaustive lists, including one that identifies major bodily functions.

These rules provide that actions based on an impairment should also include actions based on symptoms of an impairment. They also provide that qualification standards, employment tests or other selection criteria based on an individual’s uncorrected vision shouldn’t be used unless shown to be job-related for the career opportunity in issue and consistent with business necessity.

There is a 60 day period for public comment and then a period of time in which the EEOC will consider the comments before issuing final rules, which will probably not occur before early 2010. However, all employers should be reviewing their ADA policies and practices NOW to take into account the new realities of dealing with a broader and more liberal ADA. The EEOC has published queries and answers regarding their proposed new ADAA rules and employers are advised to review that document with legal counsel and their HR team.

Paul Cherner is a labor and employment lawyer in Chicago, IL. Visit his blog at http://hrcounselblog.com.

Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm
    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved