Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

When I was a child, my family lived in a rural area that didn’t have much in the way of entertainment. Mind you swinging off a steel cable bolted to a tree from a very large hill and riding my bike off homemade ramps was fun, but the thing I loved most was summer reading from the Bookmobile. It would park at the church every two weeks all summer long. My sisters and I couldn’t wait for it to appear. We were each allowed to borrow six books for the two-week period, which wasn’t nearly enough. My sisters would run to the romance section. Not me. I went for the mysteries. They have always been my go-to reading genre. Probably from the time I was 12 to 15 or so, I avidly read every book by Phyllis A. Whitney I could get my hands on during the summer months. She was one of my favorite authors. She has written many books for young readers and adults alike. Reading her books was like being able to travel the world without leaving my room. Adding mystery, murder and mayhem to the mix made it all the more exciting. I spent many happy hours whiling the summers away helping her solve mysteries in exotic places. I loved her books so much! If you’ve never read any of her books, please do. They are wonderful! Phillis passed away on February 8, 2008 at the age of 104. She led a wonderfully colorful life while she traveled the world gathering background information for her many fantastic books. Rest in peace dear Ms. Whitney with the knowledge that you gave me and many others countless hours of reading pleasure. I will fondly remember you always.

A little over a month ago, I began noticing a strange “crowing” sound every time I stepped out on my deck. I could not figure out what it was, but knew it had to be some kind of bird or animal.  A few days later I was surprised to see a beautiful ring neck pheasant perched on the fence surrounding our yard as I went down my driveway one morning.  When I got home, I was delighted to see that he was still hanging around our house.  I quickly nicknamed him “Phil.” I knew he was a male because only male pheasants have the beautiful coloring, while females are all brown. Pheasants also love to live in high grass, so he has been living in the hayfield by our yard for about six weeks now.  I also have a patch of wildflowers I planted and he occasionally hides there as well.  This past weekend it was time to mow the hay and I was a little worried about how Phil would react to having it (his hiding place) cut down.  My husband had to get off the tractor several times to make Phil get out of the way of the mower.  In addition to Phil, we also found five fawns and three foxes living in the hayfield.  The day after the hay was cut we did not see Phil anywhere.  I guess he didn’t like it very well that we had destroyed his home, and he decided to move on to higher grass.  I also feared the worst—that one of the foxes may have killed him.  A second day went by with no Phil, but on the third day, as I came up the driveway from work, there was Phil perched on the fence again.  He was home and I was ridiculously happy to see him.  I even forgave him for the two times he was hiding in my patch of wildflowers and suddenly flew out of it almost scaring me to death. It’s silly that I have become so attached to this wild bird when I really don’t like birds at all.  Maybe it’s because he’s all alone and seems a little lost and out of place.  We are enjoying him so much that we created his own Facebook page, and “Phil Pheasant” is starting to get quite the following.  I have also been shopping around for a couple of pheasant hens so that Phil will have some companions and not be so lonely—maybe we will call them Phyllis and Felicia.

As summer approaches, the warm weather and sunshine entices us to spend more time outside. As good as the sunshine is for us mentally, is can be very harmful to our skin. As a mother, I was a drill sergant with my daughters about applying sunscreen before they headed outside and I always received the “ugh, Mommmm” response.  As with every kid, they did not want to take the few seconds needed for me to spray them down.  It wasn’t until many years later that I realized, I was always applying it to their skin, and never worried about my own. I should have practiced what I preached. I am now seeing some of the affects of not applying it on my own skin throughout the years. Here are the top five reasons to apply sunscreen daily, even in the winter months: 1.          It shields your skin from harmful rays; 2.          It protects you from developing skin cancer; 3.          It prevents brown spots and skin discolorations; 4.          It reduces red veins and blotchiness; and 5.          It slows down wrinkles. Studies also show that some medications increase your chance of getting sunburn.  Medications prescribed for cardiovascular issues, inflammation and acne can make your skin more susceptible to sunburn.  If you are on any of these medications, be extra cautious. One more quick tip - sunscreen does expire.  Make sure you are applying sunscreen that has not reached its expiration date.   Studies show that expired sunscreen provides no protection against the sun.

I’m sure you’ve seen the memes on social media that reference not wanting to “adult” on any given day. Typically, I don’t mind “adulting,” but recently, with Mother Nature’s dose of hot weather and memories of how much I loved summer break as a kid, I’ve realize how I, and probably most youngsters my age, didn’t appreciate things as they were. Most days would start at the pool. We always went early – just about the time it was opening. Sometimes I had the whole pool to myself for a short while. A few hours and a piece of pizza and some ice cream later, we would head home in time for my mom’s “stories” - better known as afternoon soaps. Yes, that was during the whole Luke and Laura saga. More often than not, an afternoon trip to the local library was typically on my agenda following General Hospital. It was just around the corner from my house and they had big, comfy bean bag chairs – perfect for reading books for the summer reading program. Judy Blume always provided perspectives for the adolescent mind to ponder. Following a supper that was usually prepared on a grill, evenings were commonly spent riding bikes with the other neighborhood kids, playing kickball in the street and after dark, catching lightning bugs. I truly didn’t have a care in the world, but yet was so anxious to grow up. My friends at the time shared those same sentiments – we just wanted to make our own rules and not have to be home when the street lights came on. Years later, with bills to pay and job responsibilities to be concerned about, the days of the care-free summers are long gone. “Adulting” is very much a part of daily life, but it is fun to think back, though. It makes me realize how very blessed I am to have such good childhood memories.

It is an unfortunate fact of life that some of us will one day find ourselves in a situation where we’ll need a lawyer. Maybe we’ve been injured by someone crashing their car into us or putting a defective product into the marketplace. Maybe we’ve lost a loved one because another chose not to follow basic safety rules. Maybe we’ve been cheated out of our hard-earned money by some unscrupulous corporation. As a lawyer, I hear about terrible situations like this all the time. And a lot of times, these calls come months after the inciting event, which often prompts me to ask the caller why they waited so long to reach out to an attorney. And the answer I hear the most, by far, is some variation on “well, I just don’t have the money for a lawyer.” If you ever find yourself in a similar situation, it may be because you’re not familiar with the “contingency fee” agreement. The contingency fee agreement is a mechanism that allows anyone, regardless of income, to hire an attorney and bring a lawsuit, if necessary, when the circumstances justify legal protection. Under a typical contingent fee agreement, the "contingency" is usually the recovery of money, or something of value, for the client. If that contingency/recovery does not occur, then the client owes the attorney and the law firm nothing for the firm’s time and effort, or the litigation costs, in seeing the case through to its conclusion. Under the contingency fee agreement, the law firm takes all the risk, and the client is not out any money to pursue their right to justice. Contingency fee arrangements offer a number of additional benefits.  First, they give injured or wronged people of moderate financial means a fighting chance in the courtroom against the world’s most powerful corporations and insurance companies. Next, contingent fees help to weed out frivolous lawsuits by discouraging attorneys from presenting claims that have negative value or otherwise lack merit. Experienced lawyers will not waste their time on a lawsuit that does not have enough merit to justify investment of their time. Contingent fees also lock together the lawyer’s incentive with positive results for the client, because the lawyer’s pay is directly proportional to results obtained for the client. A lawyer who will not be paid unless the client is successful is highly motivated to get the optimal result for her client. In contrast, an hourly fee arrangement can encourage unnecessary action, inefficiency and delay to churn fees for the lawyer. Law firms with an hourly rate business model often set billable hour quotas for their attorneys, which often incentivizes the lawyers in a manner that oftentimes does not align with client outcomes. Contingency fee arrangements also encourage spending efficiency. Litigation expenses can be prohibitively high for injury victims. Law firms like Bordas & Bordas advance the expenses of the lawsuit (including things like filing fees; medical records and document collection; the hiring of expert witnesses, court reporters and videographers; travel costs, etc.) and absorb those costs if a client loses their case. Knowing they will get that money back only if their client wins, contingency fee lawyers are motivated to be prudent and cost-effective, spending only the money necessary to obtain the best result. Finally, the contingency fee has an implicit benefit for the client. This arrangement gives the client confidence that their lawyer believes in their case, is invested in their case, and will do their best work to obtain a positive resolution. Faith in the case, and the desire to fight for the client, may not always be present when hourly payment is guaranteed regardless of outcome.  So if you ever find yourself in the unfortunate predicament of needing a lawyer and thinking you cannot afford it, remember the contingency fee arrangement, and speak to an experienced law firm who offers that method of payment.

I remember being at Drovers having dinner with friends one evening when the discussion came up about a new coffee machine that would allow the user to quickly brew one cup of coffee at a time via the use of single serving pods. I can remember thinking how crazy that was. I mean what’s wrong with the old way – just brewing a pot of coffee? And then I had my first experience with the Keurig and I was instantly hooked! There are so many coffee flavors from which to choose. Prior to the Keurig, if I desired flavor, my go-to was flavored creamer. The number of choices were few, but creamer would suffice. Now with the Keurig pods, there’s everything from blueberry and chocolate donut to cinnamon roll and butter toffee. And if you’re not a flavored coffee kind of person and prefer just regular coffee, do you know how many varieties of plain coffee are available? French roast extra bold, original blend, morning blend, dark roast, Italian blend and the list goes on. I won’t even get into the number of brands. Prior to becoming a Keurig owner, I typically drank a cup of coffee first thing in the morning and fixed another cup to take to work. Now, my coffee intake is up to three or four cups a day. It’s just so easy…and soooo good! I’ve always loved coffee. Even as a kid, I loved the taste. I would sit on my Nonna’s lap and drink her coffee. Bizarre for a kid, I know. I guess you could say I didn’t outgrow my love of java. And for those of you who aren’t big coffee fans, you may want to reconsider. There are now so many varieties and flavors, you may like coffee after all.

It’s that time of year again. The sun is out, the temperatures are up and there’s probably a good chance you’ve been invited to or are planning a party of some sort - maybe you’re hosting this year’s 4 th of July cookout or you’re taking a side dish to a pot luck. One of my favorite party dishes is somewhat of a classic – deviled eggs - but I make them with sour cream. I’m not sure what possessed me to try a different recipe, but I was thrilled I did. The deviled eggs made with sour cream received rave reviews at a Christmas Eve party several years back, so I’ve not gone back to the traditional way of making them. Perhaps you’d like to try something new with an old classic. The recipe is as follows: Ingredients 6 hard-boiled eggs, peeled 2 tablespoons sour cream 1 tablespoon mayonnaise 1 teaspoon Dijon mustard 1/8 teaspoon kosher salt 1/8 teaspoon white pepper Decoration: paprika or cayenne pepper Directions 1. Slice each egg in half. Scoop out the yolks. Place yolks in a bowl. 2. Add sour cream, mayo, mustard, salt and white pepper. Mix with a fork, until smooth. 3. Fill the eggs with a small spoon, or, for a fancy presentation, pipe using a piping bag. Sprinkle the eggs with paprika or cayenne pepper. Makes 6 servings. Enjoy!

Even the sprawling Victorian metropolis of Manchester, one of the most culturally diverse cities in Europe, stood up to help and comfort the victims on that tragic night. Homeless men were seen holding massacred victims who had been caught in the explosion, and were wrapping their wounds in clean clothes, and comforting them as they left this life behind.  Even those who have sunk so far below the supposed-standards of society can rise to the occasion when innocent life is at stake. There is a new kind of evil across the world, and it comes from a place not even worth hating.  This evil comes from ignoring those who are desperate for attention; this evil comes from unfulfilled desires and these cold-blooded murderers call on God to save them from a self-perpetuated mess. Though there is a sincere ignorance in those who do not tolerate and respect the religions and cultures of others, Manchester is and always has been a city that envelopes and perpetuates new cultural norms and standards because it is a true home to all those who love it in return.  Manchester is one of the most welcoming places that I have ever been and I am proud to have very close friends and family there.  What we cannot forget from the three terror attacks the United Kingdom has endured in three months is not only the horrors put upon the world, but the innocent life that was looking eagerly for acceptance in the world. And we need to remember the hatred that caused this. Perhaps we as a society need to learn that anger and hatred is what fueled this young man’s black heart.  Though we have every right to feel anger, and we should, it is natural to express and share that anger.  What is unnatural is to suppress it and let it build into a hate which is undeserving of the beautiful attention of life. Manchester is a city built on the backs of men, women and children; the central origin of the Industrial Revolution, symbolized by the frantic business of the bee.  The people of Manchester are the bees of the world.  The world would not have most of the developments we take for granted without the loss of life and limb from these people.  Appalachians especially have some of the oldest cultural roots in the Scottish Highlands, Wales, Ireland North and South, and the United Kingdom, particularly towards the north where Manchester dominates, itself a melting pot of Gaelic immigrants. As we always hurt the ones we love because we know they will still love us, it seems equally as true for the victims across the globe.  Though it is physically impossible to take in the daily atrocities across the globe, and to truly take to heart the suffering of innocents that would destroy the mind of any person, we cannot allow ourselves to become numb to the pain.  I found myself angered recently by the pure lack of care and attention given by certainly more than one person I have talked to in the U.S.  There is the possibility of not knowing about an event, but to not care about details, to me, has its own sort of negligent cruelty to it. When talking with a friend the other day about these attacks and my family returning to the UK, I was met by a mere response of “Hmmm.” I asked if they had heard about the attack, and they said, “Yeah, that’s great.”  Now I knew they weren’t listening.  A few days later I overheard the oft-repeated comment, “I would never travel to London now.” These are the fundamental problems of society that contribute to the creation of people whose only purpose is to end life.  The apathy behind comments shows the goldfish think tanks that we have fallen to.  Through these comments and lack of action we let evil win.  Through the commonly ignored members of society breeds hateful ideology.  Appalachia can be thought of as the Northern England of the United States.  Just like the commonly ignored Northern industrial backbone of the United Kingdom, Appalachian people are sincerely at risk by their power through industry and resources, open atmosphere and neglected people of society.  Let us not only learn from these incidents and change to save ourselves, but also take to heart and truly care for the other.  You don’t have to love the other, as I don’t think it is humanly possible to truly love those who take what you love away, but truly care for and pay true attention to the other.  Don’t just pause and think, but act and do for the other in ways you think are risky. Perhaps a reciprocity can be built across nations. Just as the brave men and women who died trying to save some of the younger people attending this tragic event, their last moments on earth were spent acknowledging their impending death and a true willingness to make way for new life, in spite of the fact that no death should have occurred here.  What makes this attack particularly heinous is the targeting of a younger population.  Though I was afraid to send my family back to Manchester the day after the attack, I felt more invigorated by the city’s lightning response of unity against terror.  We know very little about the feelings and sentiments of honeybees, but we do know that they create a sort of ritual that respects their dead and dying; enough in fact to have an entire population within their society of undertaker bees which carry the dead and the dying from the hive to make way for the new bees. It is a microcosm of care that we can still learn a lot from.

The 2016-2017 school year has come to a close. For kids, this means no more waking up early, no more waiting at the bus stop and no more homework for the next three months. For parents, it means making plans for your children during the work week, planning summer vacations and taking a break from packing lunches, homework reminders, etc. And for some morning commuters, it means no more flashing yellow lights in schools zones and bus stops. While the flashing school zone lights have been turned off for the summer, it is still extremely important for drivers to pay attention to the road and to obey the speed limits. Although there are no children in the schools, there are children riding bikes, walking to the swimming pool, playing on playgrounds, crossing the street to meet friends and more. It is summer and kids are out doing what kids do best in the summer - having fun. Before we know it, it will be August and the flashing school zone lights will be back on and the school buses will be an extra reminder to proceed through the areas with caution. Until then, remember to be cognizant of children enjoying their summer break. Drive safely and smart.

The summer weather is finally here. This means the cookouts, pool days and all other fun outdoor activities are beginning. During such activities it is of the utmost importance to protect your skin from harmful UV rays. Here are some quick tips to stay safe while spending your summer outdoors. Stay covered: When spending time in the sun try to protect your skin by wearing hats, sunglasses and clothing. Wear sunscreen: The American Cancer Society stresses the importance of using an SPF of 30 or higher. While some like to think that one sunscreen application keeps them safe all day, it does not. Remember to reapply every two hours, after swimming and sweating. Avoid the danger zone: If you do like to spend time outdoors, try to seek shade. UV rays are the strongest from 10 a.m. to 4 p.m. Don’t fake bake: Avoiding the tanning bed is another way to stay sun-safe and to protect yourself from skin damage and skin cancer. Spray tans are a great alternative. For more information on sun safety for summer 2017, visit http://ow.ly/O9CG30cmcr0.

Monsanto is in the news again for all the wrong reasons. Most recently, a federal judge in San Francisco unsealed Monsanto’s internal emails and emails to and from federal regulators indicating that Monsanto ghostwrote research on its controversial Roundup weed killer compounds, then passed it off as research from independent academics. These communications also show that Monsanto worked with senior officials at the EPA to quash a review of glyphosphate, Roundup’s main toxic ingredient, by the U.S. Department of Health and Human Services. Among the email gems was those written by a Monsanto executive, giving his colleagues the green light to ghostwrite glyphosate research and then hire academics to put their names on the papers as Monsanto had done in the past, saying "e would be keeping the cost down by us doing the writing and they would just edit & sign their names so to speak.” Another one from a Monsanto executive, to an EPA official who was heading the cancer risk evaluation of Roundup, stated that "If I can kill this, I should get a medal." The Roundup evaluation never happened. The point of such efforts was undoubtedly to mislead the American public into believing that Round-Up won’t give them cancer, despite a host of truly independent research suggesting that glyphosphate is a probable human carcinogen. In addition to its potential cancer-causing properties, Roundup has also been linked to a host of other health issues such as ADHD, Alzheimer's disease, kidney disease, liver disease, reproductive problems and birth defects, as well as environmental impacts, such as the record decline of monarch butterflies to the point of extinction. A 2014 study conducted by the U.S. Geological Survey detected the presence of Roundup in 75 percent of air and rainfall test samples taken from the Mississippi Delta, a fertile agricultural region. The International Agency for Research on Cancer (“IARC”) published their monograph on glyphosate, the main ingredient in Roundup, and classified it as "probably carcinogenic in humans" (category 2A) based on epidemiological studies, animal studies, and in vitro studies. IARC is a division of the World Health Organization, and an independent body of scientists that adheres to the strictest scientific methodology in coming to its determinations regarding carcinogens.  Moreover, a case-controlled study published in 1999 by Swedish scientists Lennart Hardell and Mikael Eriksson showed that non-hodgkin’s lymphoma (NHL) is linked to exposure to a range of pesticides and herbicides, including glyphosate. Prior to the 1940s, non-hodgkin’s lymphoma was one of the world’s rarest cancers. Now it is one of the most common. Between 1973 and 1991, the incidence of non-hodgkin’s lymphoma increased at the rate of 3.3 percent per year in the United States, making it the third fastest-growing cancer. In Sweden, the incidence of NHL has increased at the rate of 3.6 percent per year in men and 2.9 percent per year in women since 1958. Fake news is bad enough, but fake science represents an entirely different level of deceit. People have the right to choose food that has been produced without poisonous herbicides. Monsanto has repeatedly fought against truthful labeling regarding the food we are being sold, but its willingness to fake scientific studies represents a new low. If you or your loved ones have contracted non-Hodgkin’s lymphoma and were exposed to Roundup or other glyphosphate-containing products, you should contact a qualified attorney to explore your rights.

The second greatest invention right after the internet (honorable mention to ALL social media platforms) is online streaming. If you are like me, online streaming has become a way of life. Being a millennial, we tend to be called the “microwave generation”. We want everything immediately. Waiting an entire week to watch the next episode of a show is too long. Often, I will deliberately not watch a show air on live TV and wait until the show is available online so I can watch the entire season with no interruption. I can fast forward through the theme song and I can pause to take snack breaks whenever I please. Sometimes I find myself watching a show for hours and hours on end. This groundbreaking invention has completely changed my life for the better. It is hard to imagine a time when we would have to program our VCRs to record something we wanted to watch. If you forgot to hit record, you had to ask a friend to give you the play by play of the show and watch the show vicariously through them. If they happened to not catch the show you were just out of luck. Thank goodness those dark days are over! Whoever created this new way of life is a truly brilliant individual. When it comes to live TV, the only live TV I watch is the news, reality TV shows and any award show that may be on. I choose to watch those shows live to stay up to date with pop culture (It is a must that I keep up with the Kardashians). I also love watching musicals live. In my opinion, there is absolutely nothing better than online streaming. But with the good also comes the negative. I’m sure there may be a lot of potential health risks that come with the binge-watching trend. Besides that, I have often canceled on going to social gatherings because I would rather stream movies and shows at home. If you are like me and you are waiting for the show to hit the streaming site, you must be extra careful on social media and the Internet in order to avoid any spoilers that may ruin the show for you. I do believe the positives outweigh the negatives tremendously. Shout out to the online streaming sites. The second greatest invention right after the internet (honorable mention to ALL social media platforms) is online streaming. If you are like me, online streaming has become a way of life. Being a millennial, we tend to be called the �microwave generation�. We want everything immediately. Waiting an entire week to watch the next episode of a show is too long. Often, I will deliberately not watch a show air on live TV and wait until the show is available online so I can watch the entire season with no interruption. I can fast forward through the theme song and I can pause to take snack breaks whenever I please. Sometimes I find myself watching a show for hours and hours on end. This groundbreaking invention has completely changed my life for the better. It is hard to imagine a time when we would have to program our VCRs to record something we wanted to watch. If you forgot to hit record, you had to ask a friend to give you the play by play of the show and watch the show vicariously through them. If they happened to not catch the show you were just out of luck. Thank goodness those dark days are over! Whoever created this new way of life is a truly brilliant individual.