What You Still Don't Know About Email

Article by Burt Wetanson
Working World Magazine
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Navigating the Online Communication World

With trillions of email messages crisscrossing the globe each year, email easily earns its championship title as the “killer app,” the most popular online activity, and definitely the number one electronic communications tool in the world of business. It follows, therefore, that a big part of your value as a 21st-century employee is how skillfully (and securely) you use email to communicate with coworkers, superiors- and your company’s customers.

Let’s review the skill set that ensures your mastery of the killer app.

Skill One: Composing New Messages

Email is basically writing, and the first step in any writing process is to know your audience and its needs and preferences. So what do people in the business world want from email?

• Help them to succeed. Your readers want emails that enable them to do their job better and more easily. Why? Because that’s how they get bonuses, raises and promotions. Nothing drives people crazier than wading through emails that have nothing to do with their job responsibilities.

• Make life easy for them. In an age of multi-tasking, heavy workloads and overflowing inboxes, you’ll be appreciated most if your emails are easy to read and understand.

Skill Two: Read It Again, Sam

Okay, you composed a message you’re happy with. You reach for the Send key. Stop! Read it one more time and ask yourself:

• “Does everyone need this email?” If Bob or Renata doesn’t belong in the loop, take pity on them. Delete their address from the “To” line.

• “How are my tone and attitude?” Your recipients are people with feelings and sensitivities. Change any wording that might offend or be misconstrued. The most dangerous temptation in email is the Dash-It-Off-And-Send-It one. If you’re doubtful about a message, run it past a second pair of eyes.

Skill Three: Email Isn’t for Everything

Being a “cool” medium, email works best for messages that are factual and noncontroversial. That means:

• Don’t argue or squabble. If you must confront, keep it off the record. Do it face to face or by phone.

• Don’t negotiate. To wheel and deal you need to see or hear the other guy’s reactions. Telephone and face to face are obviously better for that. (Job hunters take note.)

• Don’t air sensitive issues. A computer screen is not the place to hash out emotionally charged workplace problems. Resist the temptation to hide behind the faceless computer screen.

• No group discussions. Set up a face-to-face meeting for this. Or try teleconferencing.

Researchers have found that groups that make workplace decisions by email conferencing have a much harder time reaching agreement. They end up taking more extreme positions and trading more verbal punches.

Skill Four: Beware the Dark Side

In business, the watchword has always been — “Be careful what you put in writing.” Yet countless “smart” people ignore this excellent advice when sending emails. (Remember Enron?) We use email the way we drive our cars and choose our diet, secretly thinking, “It can’t happen to me!” We turn the controls over to Homer Simpson. Avoid the following email abuses:

• Backstabbing. When you’re tempted to skewer a coworker, subordinate or supervisor, remember that an email, once sent, cannot be taken back and can be forwarded exponentially.

• Gossiping. Gossip undermines the harmony of the workplace. Don’t use email to spread rumors.

• Criticizing. Don’t attack others. Don’t embarrass others. Don’t mock others. Choose your words carefully.

When you allow your dark side to creep into your emails, you risk professional suicide.

Skill Five: Battling the Bad Guys

You’ll never get your black belt in email if you’re clueless about security risks from outside. Your company probably spends a fortune to protect their computer systems against spammers, hackers, phishers, viruses and worms.

• Never open spam, the definition of which is unwanted, unsolicited junk mail. It’s not just annoying and time-wasting, but can carry viruses and phishing attacks. Carelessly opened attachments are another way to let viruses and worms infect the system. They can bring down your home computer and even giant networks. According to www.MessageLabs.com, 90 percent of global email traffic is spam. We’ve invented filters and other good stuff to block spam. Sometimes it works, often it doesn’t.

• Hackers. My computer-savvy friends tell me that hackers are just folks who like to dig into programs, figure things out and do it their way. The bad guys who wreck, pillage and sabotage they call “crackers,” as in safe crackers. Whatever you call them, they’re trespassers or worse, and firewalls and defensive programs are meant to keep them out. Never do anything to compromise your employer’s defenses against hacking.

• Phishing is an outright crime, an email scam that can rip you off big-time. And the weapon they use is email. Here’s how phishing works: You receive an email that claims to be from your bank, credit card or other trusted institution. They ask you to click on a link and go to their website. You do, and find yourself on a webpage that looks exactly like the real thing.

Your “bank” asks you to confirm certain personal and/or financial information. A pin number, social security number, etc. You type it in and send it. You’ve been phished! The crooks (often connected with organized crime) use the info you gave them to steal your identity and your money. To avoid being phished — don’t open the original email! Delete it.

No legitimate institution will send you such an email. If they need information, they’ll send you a letter. If you get a phone call that claims to be your bank, call the institution and make sure the call was legitimate.

Skill Six: One Final Test

If, as you reach for the Send key, the thought pops into your head (or you have a feeling)…“I sure wouldn’t want this to fall into the wrong hands!” then don’t send it. Email is the wrong medium for that particular message. Use the killer app wisely to secure your future in the working world.

Elkins Family Law Task Force

The Administrative Office of the Courts’ California Court News features the work of the Elkins Family Law Task Force and the importance of public feedback on the Draft Recommendations.  Click on the heading to view video.
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The Elkins Family Law Task Force, chaired by Associate Justice Laurie D. Zelon of the Court of Appeal, Second Appellate District (Los Angeles), was appointed in May 2008 to conduct a comprehensive review of family law proceedings and recommend to the Judicial Council of California proposals that will increase access to justice, ensure due process, and provide for more effective and consistent rules, policies, and procedures.

Committed to Equal Justice and a Collaborative Process

The Elkins Family Law Task Force was appointed in response to an August 2007 California Supreme Court opinion, Elkins v. Superior Court (2007) 41 Cal.4th 1337, which held that marital dissolution trials should “proceed under the same general rules of procedure that govern other civil trials” (id. at p. 1345). The charge of the task force is to propose measures to improve efficiency and fairness in family law proceedings and ensure access to justice for all family law litigants.
 
Family law cases are critically important to litigants, children, and families, as well as the community at large. The increasing demands on courts dealing with family law cases include complex legal issues, the high volume of cases, and staggering numbers of self-represented litigants—in many communities, over 75 percent of family law cases have at least one self-represented party.
 
At its initial meeting in June 2008, the task force defined values that have guided its work and will inform proposed recommendations:
 
•    Ensuring justice, fairness, and due process in family law;

•    Ensuring meaningful access for all litigants;

•    Using innovative techniques to promote effectiveness and efficiency;

•    Improving the status of, and respect for, family law litigants and the family law process; and

•    Securing adequate resources, including existing, reallocated, and new resources.

The task force has sought input from all stakeholders, including litigants, attorneys, judicial officers, and court staff and will continue to do so as it develops its recommendations.

Guiding Principles

The work of the task force is guided by the following six principles:
 
1.     Courts will ensure consistent and timely access to equal justice for all individuals, families, and children in family law proceedings.

2.     Statutes, rules, procedures, and practices will protect procedural fairness and the due process rights of parties as well as seek to increase efficiency, effectiveness, consistency, and understandability. Simplification must not diminish due process rights. Task force recommendations will be evaluated for their potential impact on due process, fairness, and effective and timely access.

3.     Court services, procedures, and calendaring should address the needs of parties— whether attorney-represented or self-represented. They should also be adapted to the complex and diverse needs of individuals, families and children in court. In making its recommendations, the task force will be cognizant of the various challenges litigants may have accessing the courts, including language barriers, cultural barriers, and disabilities.

4.     The task force will identify the resources courts require to handle increasingly complex and demanding family law caseloads. Investing in the modernization of family law courts will improve the quality of outcomes for Californians and enhance the priority given to and status of family law proceedings.

5.     The task force is aware of the unique opportunity to make far-reaching, positive changes in family law. The task force is mindful of the long-term impact of family law on individuals, families, children, and society.

6.     The task force will develop its recommendations through an inclusive process that relies on consultation with interested stakeholders and the public, as well as coordination and collaboration with ongoing related projects and efforts to improve family law.

Diverse Membership With Extensive Expertise

The 38-member task force includes appellate court justices, judges, court commissioners, private attorneys, legal aid attorneys, family law facilitators, self-help center attorneys, court executives, family court managers, court administrators, and legislative staff. Members have extensive experience in all aspects of family law and represent courts and diverse cultural and economic communities from throughout the state. A roster of members is included at pages 4–5.
 
Input Sought Through Several Channels

The task force has been seeking input in a variety of ways, including:

•     Focus groups conducted across the state;

•     Research on best or promising practices both within and outside of California;

•     Presentations from task force members and other experts about different aspects of the court process;

•     Public hearings;

•     A survey of bar members;

•     Public comment, solicited via the Web, e-mail, and regular mail; and

•     Circulation of draft recommendations for consideration by the public and the courts.

The Elkins Family Law Task Force welcomes written comments and specific suggestions from interested stakeholders. Please e-mail: elkinstaskforce@jud.ca.gov.

How Do I Register As An LDA?

The first requirement to becoming a Legal Document Assistant "LDA", is possessing a background in a legal profession, i.e., paralegal, legal secretary, law clerk, etc. The following is a more descriptive outline of educational and work experience requirements:

1. Visit your local County Registrar-Recorders Office and obtain an application or visit their website to see if one is posted there.

2. After you have completed the application and have attached the necessary documentation pertaining to your qualifications as well as educational requirements, you must obtain a $25,000 bond. The best bonding company I have used in the past is Pennbrook Insurance Services. Some bonding companies run a personal credit check for an LDA bond, but Pennbrook may be lenient in this department. However, do call for more information. Pennbrook can be reached at (415) 362-0445. Please be sure to mention Vanessa from CALDA referred you.

3. Once you have all the above documentation, proceed back to your County Registrar-Recorders Office, record the bond, pay the necessary filing fees and afterwards the County Clerk will provide you with a registration number that will be printed on an ID sized card which states your name, address, registration number, expiration date, the County of registration, and verbiage that states “the County Clerk has not evaluated this person’s knowledge, experience, or services”. Once you have received your card, you’re all done. Do note, an LDA must register and obtain a new bond every 2 years from the date of their registration; this goes for all counties in California.  Also, when renewing your registration, if your registration lapse by one (1) day, you will automatically be issued a new registration number - with your old one kept for historical purposes.

Multiple County Registrations — For some LDAs, they do register in multiple counties, commonly for more exposure with advertising and business. If you are one that would like to do so, you need to contact that county's recorders office and obtain their application. Do note that you can use the same bond you purchased for your first registration. The bond does not state the county in which you have registered in — it only states your name and what the bond is issued for. That's it! In the past, I have experienced controversy over the usage of the bond and prior LDAs being told that they needed to obtain a new bond for every new county they register in. Once you have completed the application, proceed to the recorder’s office, pay the fees and the county clerk will provide you with their registration number for their county.

Organization For LDAs — CALDA (California Association of Legal Document Assistants) is a non-profit organization designed to educate and promote LDAs through Continuing Legal Education (CLE) with teleclasses, seminars, informational newsletters, and their annual conference. Since being a member of CALDA, I believe they are the best organization for LDAs. Their quarterly Newsletter — Access — is distributed to every member and entails tons of information, updates about the LDA profession and new court forms. CALDA also has a question & answer forum that members can take advantage in receiving and/or asking questions regarding their need of assistance with a matter or attending many of their local chapters' educational seminars. There are various annual membership fees, so please visit their website at www.calda.org for more information. I assure you, you'll be glad you did.

Divorce and Bankruptcy

The Economy Effect -

In re Marriage of Harris, 07 DJDAR 18936 (December 24, 2007) when Sydney Harris and Louise Croce divorced the dissolution of marriage judgment provided that each waived spousal support, and that Sydney would pay a community debt to Mike and Carol Munaretto and hold Louise harmless from that obligation. Several years after the divorce was completed Sydney filed for bankruptcy and received a discharge of his debts including the divorce debt to the Munarettos. Then in 2004 Louise learned that Sydney discharged the debt when the Munarettos sought to collect the debt from her.

Subsequently, Louise filed a motion to modify spousal support (which she had waived in the dissolution) and to order Sydney to holder her harmless from the Munaretto debt. The court ruled against Louise on the support issue but for her on the debt issue.

As expected, Sydney appealed. On appeal, the Fourth District majority reversed the trial court’s decision stating that the 11 USC 523(a)(15) provides that a dissolution of marriage debt is not dischargeable in bankruptcy unless the debtor spouse lacked the ability to pay, or the benefit to the debtor spouse from the discharge was greater than the detriment it inflicted on the other spouse and since no findings in the lower court were made with regard to this issues it sent the case back to the trial court for further findings to be made. Furthermore, the appeals court stated that under In re Montgomery (Bkcy CD Cal 2004) 310 B.R. 169) that there were several factors that a trial court must consider when determining whether a debtor spousal has the ability to pay, including “(a) the income and expenses of both parties ;(b) whether non-debtor spouse is jointly liable on the debts; (c) number of dependents; (d) the nature of the debts; (e) the reaffirmation of any debts; and, (f) the non-debtor spouse’s ability to pay.”

Therefore, when parties are divorcing before entering into any settlement agreement or stipulated judgment each spouse must considered whether the other spouse will file for bankruptcy and if they are willing to relitigate if that should happen.

The Job Market and Support Issues

In re Marriage of Mosley (2008) 165 Cal.App.4th 1375 the parties (Dawn and Paul Mosely) were married, had children, and then divorced. Because both parties were attorney’s they had a high standard of living and the husband made substantial income as a real estate attorney. Upon dissolution of marriage Paul was order to pay child and spousal support that while it was not at the marital standard of living it was still a substantial sum.

Due to the state of the economy and the downward spiral of the real estate market Paul lost his job at the law firm he was working at. The only other job he could find was as in-house counsel for a homebuilder which paid him substantially less than his law firm position. While the new position had a bonus provision, giving him a bonus of up to 150% of his salary, there was no guarantee that he would get the bonus. As a result of his change in circumstances Paul could not pay child and spousal support and his living expenses.

As a result of his change income Paul filed a motion for change of child and spousal support and for income to be imputed to his former wife, Dawn (who had also been an attorney but took time off to raise their children, two of whom were now grown and the other two were teenagers). Dawn opposed the motion and was successful at the trial level. However, the appeals court found that the trial court erred because it did not take into consideration Paul’s current income. It further scolded Dawn for not reading the Gavron Warning* on the Judgment stating “[s]urely we cannot countenance that argument.” However, the court agreed that Dawn was entitled to some advanced warning that the time was fast approaching when she would need to become self-supporting or “face onerous legal and financial consequences” (quoting Gavron). The court found that even though she had taken a leave from practicing law that at the very least she could get a job as an entry-level attorney or a paralegal. The court advised Dawn that there was a change of circumstances justifying a change in support, that change being Paul’s forced job change and the resulting drop in his income.

Consequently, the court ordered the case remanded to the trial court for the trial court to recalculate child and spousal support based on Paul’s current income.

*In re Marriage of Gavron (1988) 203 Cal.App.3d 705, 250 Cal.Rptr. 148, states that a supported spouse has a duty to make a good-faith effort to become self-supporting.

Article presented by:  Margaret D. Wilson, Esq. http://www.mdwesq.com/

Quick Info: Secretary of State

Secretary of State
1500 11th Street
Sacramento, CA 95814
Corporations Dept. - (916) 657-5448
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Notary Public Section
PO Box 942877
Sacramento, CA 94277-0001
Tel: (916) 653-3595

California's Court Case Management System (CCMS)

California Courts - Court Administration
January, 2010
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The California Court Case Management System (CCMS) is a statewide initiative to develop and deploy a unified case management system for all 58 superior courts. CCMS will reduce operating costs, increase efficiency, and give Californians an unprecedented level of access to their courts.

Development of CCMS began with the criminal and traffic case categories, followed by civil, probate, small claims, and mental health. Final development will combine the functionality already developed with new functionality for family law, juvenile delinquency, and juvenile dependency case categories. The final release will also include statewide reporting, court interpreter and reporter scheduling, and integration with justice partner applications.

CCMS will provide significant advantages to state and local law enforcement agencies, child welfare services, child support services, and all Californians who participate in the court system as litigants, jurors, attorneys, victims, and witnesses.

CCMS will:

• Connect the courts with probation and parole departments, correctional institutions, and law enforcement agencies to provide officers in those entities with up-to-the-minute data about court orders, convictions, probation terms, and sentencing.
• Provide law enforcement officers with current information in their jurisdiction regardless of where the court orders were imposed.
• Provide judges with critical information when they are hearing cases and making decisions about releasing criminal defendants, placing children in foster care or reunifying them with their parents, ordering custody or visitation of children, and issuing protective or restraining orders.
• Save valuable resources currently used to enter data that instead will be updated electronically.
• Provide public access to certain court records across the state regardless of jurisdiction, as permitted by law.
• Allow self-represented litigants greater access to process cases without the assistance of an attorney through Internet and Web-based functionality.
• Decrease the number of vehicle trips to courthouses as a result of electronic access to court data and the e-filing of cases and documents.
• Eliminate the need to print millions of pages of paper because of document management systems, electronic filing, and Internet viewing of court data.
• Reduce the carbon footprint of the judicial branch.

Detailed information regarding CCMS may be found at Court Case Management System (CCMS) Fact Sheet (PDF).

Top 6 Marriage-Killing Money Issues

by James E. McWhinney
Saturday, January 9, 2010
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Arguments about money hamper many marriages. In fact, couples fight about money twice as much as they fight about sex, according to a Money Magazine survey. And the challenges can actually start even before you say "I do."

Debt
From school loans to car loans, credit cards to gambling habits, most people come to the altar with financial baggage. If one partner has more debt than the other, or worse yet one partner is debt free, the sparks can start fly when discussions about income, spending and debt servicing come up.

Personality
Personality can play a big role in discussions about money. Even if both partners are debt free, the age-old conflict between spenders and savers can play out in multiple ways.

Power Play
He works; she doesn't. Or he's unemployed and she's working. Or one spouse earns more than the other. Or her family has money and his doesn't. It's power play time. The money earner (or the one with the access to mom and dad's money) often wants to dictate the spending priorities.

Mine, Yours, Ours
Sometimes, when each spouse works and they can't agree on financial issues, they decide to split the bills down the middle or allocate them out in some other fair and equitable manner. Once the bills are covered, each spouse can spend what they have left as they see fit. It sounds like a reasonable plan, but the process often builds resentment over the individual purchases made. It also divides the spending power, eliminating much of the financial value of marriage.

Children
To have or not to have? That is merely the first question. It now costs nearly $300,000 to raise a child for 18 years. Of course, once you have them, you have to care for them: food, clothing, shelter, little league, ballet, designer jeans, prom gowns, pickup trucks, college and what about checks after they leave the nest?

Extended Family
Her mom wants a vacation in Vegas. His parents need a new car. Her deadbeat brother can't make the rent. His sister's husband lost his job. Now one spouse is writing a check and the other wants to know why that money wasn't used to address needs right here at home or fund a vacation for "us."

This works the other way too. His mom will pay to fly him home for the holidays. Her mom will fund a new car since the one she's driving is a Honda, not a Lexus. Her mom buys the grandkids extravagant gifts and his mom can't afford to match that kind of spending. The joys of family often extend right into your wallet.

Solutions
Communication is the key to most marital financial challenges. Dealing with debt is often the first issue on the agenda. Knowing what you are about to get yourself into can help you decide how to deal with it. If you just can't come to an agreement, but your heart won't let you walk away, a prenuptial agreement may be an option.

Personality is another aspect of your relationship that will play a major role in your financial plans and your marital bliss or lack thereof. Pay attention while you are dating, and be honest about your personality. Talking about your views and feelings can help put both partners at ease, or at least let them know what to expect.

The power play issue can get ugly quickly. Few things build resentment faster than being made to feel inferior. If you've got the cash, you need to be sensitive about how you present spending decision. If you don't have the money, you need to be prepared for the stress and tension that are almost inevitable, even in good marriages. This subject comes up with increasing frequency when couples wait until later in life to marry.

One solution that has demonstrated success is for the higher-earning spouse to delegate all spending decision to the lower-earning spouse. It takes a certain personality to be able to make the decision to give up power, but if you can do it, it may be a sound path to peace.

Challenges aside, getting married can have serious financial advantages. It is a great way to double your income without doubling your expenses. If you can synchronize your goals, you reach them much more quickly that you could be working alone.

If children are in your future, start teaching them about money when they are young. Preparing them for a financially responsible future reduces the odds of them dipping into your wallet once they grow up and knocking your savings plan off track. Use allowance and goals to teach your children about earning, saving and spending money.

Extended family can be a big challenge. Even if you are on the winning side of the argument, the loser can extract a penalty that outweighs the win. Living with a resentful, angry, frustrated spouse can be a miserable experience. Having a policy agreed upon in advance can help stave off the trouble. Of course, the best policy is "Never a borrower or a lender be."

For Richer or Poorer
Like many marriage problems, lack of communication is often the underlying issue. If your head is in the clouds, You Can't Live On Love provides some down-to-earth financial advice for couples. If you've already said "I do," you want to Create A Pain-Free Postnuptial Agreement- This marital contract can underline your love for each other - not undermine it.