Trust introduces new move to boost Tanzania's agricultural sector ...

In a bid to strengthen services to Tanzania?s agriculture sector, the Private Agricultural Sector Support Trust (PASS) has introduced new products to stimulate smooth growth of the sector.

PASS managing director Iddy Lujina

The new development was announced yesterday in Dar es Salaam by PASS managing director Iddy Lujina during a seminar to introduce them to banking institutions that the organisation was all out to see the sector enjoy an upper hand in contributing to the country?s national economy.

He named the products as lender?s option guarantee (portfolio guarantee); linkage banking guarantee (institutional guarantee); modified traditional guarantee (indemnity fund) and fixed equity hire purchase product.

?All these new and revised products focus on PASS?s goal, which is to stimulate investments and growth of private commercial farming and agribusiness,? Lujina told reporters.

He said under the lender?s option guarantee, the lender will decide whether or not to guarantee loans to their borrowers based on predetermined guarantee criteria and a guarantee product policy contractually agreed with PASS.

According to the MD, the linkage banking guarantee product will guarantee loans from highly liquid institutions, including large banks and pension funds, to prequalified rural financial institutions to be used only for loanable funds supporting those institutions? agribusiness portfolios.

?Fixed equity hire purchase product is a meaningful departure from PASS?s traditional way of doing business, but maintains our vision and mission. It is a method for us to take an equity stake in a medium- to large-scale agribusiness by providing that business access to critical fixed assets without obligating that business to a commercial lender,? he said.

A PASS consultant from Inspired International Richard Pelrine said although PASS had been performing well in recent years, the challenge has been to have an effective mechanism to multiply funds to many people.

?We want to have greater access,? he said, adding that it was his hope that the new products will double or triple the number of current 600 PASS beneficiaries in three years to come.

He said his experience showed that such products brought tremendous positive developments in other African countries such as Uganda and Ethiopia.

A representative from CRDB Bank, Musa Lwila, hailed the products, saying they will help many people and interested groups benefit from PASS funds.

So far, PASS offers business development services; strengthens farmers? organizations and financial services.

It collaborates with seven banks, but plans are underway to partner with more banks.

PASS has active branches in Morogoro, Dar es Salaam, Mbeya and Mwanza regions. It plans to open a branch in Kilimanjaro and Mtwara regions later this year to cover all zones of the country.

?Over 35,000 farmers have been supported by PASS and have obtained loans to the tune of 95b/-,? said Lujina.

PASS?s target is to assist farmers and agribusiness in general to access loans to the tune of 200b/- in the next three years in areas of crop and livestock production, agro inputs supply, crop trading, rural transport, irrigation, agro-processing, and improved storage and warehousing.

Over 15 representatives from banking institutions attended the seminar.

Source The Guardian

Do you have a story or an article to publish? Please email us to submit@in2eastafrica.net.

Source: http://in2eastafrica.net/trust-introduces-new-move-to-boost-tanzanias-agricultural-sector/

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The Monkees? Frontman Davy Jones Dead At 66 (VIDEOS)

The Monkees’ Frontman Davy Jones Dead At 66 (VIDEOS)

Davy Jones, a singer with the 1960′s band the Monkees, has died at age 66 after suffering a massive heart attack in Florida. His publicist, [...]

The Monkees’ Frontman Davy Jones Dead At 66 (VIDEOS) Stupid Celebrities Gossip Stupid Celebrities Gossip News

Source: http://feedproxy.google.com/~r/stupidcelebrities/~3/FKp_hPGwWuk/

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What can I do Instead of Filing for Bankruptcy? | Finance News ...

Do you require guidance battling credit card debt that you cannot afford? Are you planning on hiring a bankruptcy legal representative to guide the path? Maybe you assume filing bankruptcy may be the best way to be debt free. Having said that, there are more possibilities on the table then you think.

Negotiating with collectors, talking to a credit counselor, or any other methods could be a part of your lawyer?s plan to enable you to evade chapter 7 bankruptcy procedures. However, it pays to receive knowledge and knowledge from people who know more about an issue than you do. A personal bankruptcy attorney could know strategies for fighting personal debt you?ve never contemplated in the past.

Negotiating To prevent bankruptcy proceedings the 1st step is dealing with credit card companies. It is crucial here to create a detailed record of your collectors, how much you are obligated to pay, how much you could realistically manage to pay for on a monthly basis, and a plan of action for meeting that debt.

As soon as that is done, work from the top down, getting in touch with your most important collectors first, bargaining for small sized payments. Creditors simply want your cash. When they can receive a percentage of your debts, they then could be willing to work together with you. If you are able bargain extensive savings, start off by paying back your smallest personal debt first. Immediately after these are repaid, the freed up money may be used to help the greater debts you may have.

Debt Counseling The Department of the Treasury online site provides quite a few credit counseling centers. A number of them can even be charitable institutions which exist to aid people in need. These types of organizations could be a incredible aid to you. They?ll be able to aid you by consolidating debts which assists you to dodge that debilitating Chapter 7 Bankruptcy or Chapter 11 on your file.

Debt consolidation reduction services could, also, reduce your overall debt to a workable amount exactly the same way a bankruptcy filing would. This method could help you save lots of time and aggravation. However it is usually best to meet with a personal bankruptcy lawyer to ensure that this step is the best plan of action.

Contact a bankruptcy lawyer In the event that personal debt stack up and it appears as if there?s not much you?re able to do, don?t panic. The United States and its credit card debt laws are remarkably kind. There?s no ?debtors prison? just like the days of old.

Get in touch with a personal bankruptcy lawyer to identify the greatest solution in relation to your credit card debt need. Make sure your legal representative is committed to assisting good people through horrible times, and ensure their experience is applicable to your scenario.

Are you looking for a NYC bankruptcy attorney? Contact one today to learn more about bankruptcy and yor debts.

Source: http://thefinancenewstoday.com/2012/02/27/what-can-i-do-instead-of-filing-for-bankruptcy/

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Risk, Return and Low Beta Stocks ? Portfolio Investing Blog ...

My article in last week?s Advisor Perspectives titled, ?The Greatest Anomaly in Finance: Understanding and Exploiting the Outperformance of Low-Beta Stocks,? explores what the findings of a 2011 paper published in the Financial Analysts Journal called ?the greatest anomaly in finance.?? The issue at hand is one that I have written about in a number of articles including ?Why Low Beta Strategies are Worth Another Look,? and one that I?d like to explore further in today?s blog post.

Financial theory suggests that risk and return go hand-in-hand. While higher-return assets do tend to be riskier than lower-return assets, there is a notable exception. If we look at all stocks available in the market and sort these on the basis of their historical volatility levels, lower-volatility stocks have generated higher returns than higher-volatility stocks. If we sort using beta, (a standard proxy for risk) rather than volatility, the low-beta stocks have historically generated substantially higher returns than their high-beta counterparts. The outperformance provided by selectively building a portfolio out of low-beta/low-volatility stocks is on the order of 2.0% per year, as compared to buying a portfolio in a market-cap weighted index such as the S&P 500 Index. Financial theory suggests that such a situation cannot exist for any appreciable period, but the authors of this study find that this effect has held up consistently over more than four decades. This study suggests that low-beta/low-volatility stocks will continue to outperform in the future. In addition, portfolios of low-beta/low volatility stocks exhibit markedly less sensitivity to swings in the stock market as a whole.

We have all been taught that to have a portfolio with a high expected return, you must take on high risk. This idea is intuitive. In a rational world, investors will own risky investments only because they expect that the payoff from risky investments will be higher than what they can achieve with a no-risk investment. Indeed, the idea that risk and return have a strong relationship is true if we look at long historical periods for a range of asset classes. In their research, the authors of the Financial Analysts Journal article show the average return and average annualized volatility for a series of asset classes over a 41-year period (see chart below).

(Risk vs. Return from 1968 through 2008 for major asset classes. Source: Baker et al., exhibit 5).

This chart shows what we expect to see:

• Long-term government bonds have a higher risk and return than short-term government bonds.
• Small company stocks have higher risk and higher return than large company stocks.
• Stocks have higher risk and return than bonds.

It is also notable that the relationship between risk and return over this 41-year period is remarkably close to a straight line and that there is a linear relationship in which risk and return increase proportionally.

There are, of course, a couple of features of this chart that are clearly not consistent with the current state of the markets. Most notable: The historical annual return of short-term government bonds over this period is 5.7%. Today, bond yields are near historic lows?and there is literally no way that short-term bonds can generate this high a level of return going forward. In addition, the prevailing opinion is that a large-cap stock index like the S&P 500 Index is not likely to come anywhere close to the 10% annual return seen in this historical period.

Even though risk and return have a proportional relationship when we look across asset classes, the ?great anomaly? here is that lower-risk stocks have higher returns than higher-risk stocks. The authors of the academic study that demonstrates this effect have proposed an interesting mechanism to explain why this anomaly persists.

The Great Anomaly

Fund managers are often judged based on the level of tracking error that their funds exhibit relative to some benchmark. The S&P 500 Index is a common benchmark for domestic equity funds and the MSCI EAFE Index is a common benchmark for international stock funds. Tracking error is a statistical measure of how far the returns from a fund vary around the benchmark. Low-beta and low-volatility stocks tend to increase tracking error, so that even if a fund manager has a fairly strong belief that low-beta and low-volatility stocks are under-valued, he or she is quite likely to not add allocations to their portfolio.

I have explored the issue of low-beta/low-volatility stocks using Monte Carlo simulations.? In a Monte Carlo simulation, you generate thousands of ?simulated? future returns on individual assets (stocks, indexes, funds) and you also account for the relationships (or correlations) between these assets.? The chart below shows the simulated long-term relationship between risk and return for a series of asset classes:

(Projected Risk vs. Return for Major Asset Classes. Source: Quantext Portfolio Planner.)

The Monte Carlo simulation used three years of historical data through January 2012 as its only input, but the projected relationship between risk and return across asset classes is remarkably similar to the 41-year history shown in the previous chart. The major difference here is that the average returns are uniformly lower for all asset classes. Short-term government bonds are projected to return 1.7% per year, far less than the 5.7% return over the 41-year history.

When I create portfolios of low-beta/low-volatility stocks in the Monte Carlo simulations, projected returns are higher than those for a portfolio built out of stocks weighted on the basis of market capitalization, which is consistent with the research study in the Financial Analysts Journal. It is notable, however, that I do not assume that low-beta/low-volatility stocks are undervalued.? These stocks? future returns are simulated with a risk/return relationship that is the same as for all other securities. The benefit of a low-beta portfolio arises from the low correlation between these stocks. Low-beta stocks have low correlation to the broader market (beta is closely related to correlation). Stocks with a low correlation to a common benchmark also have a low correlation to each other. The low correlations between these stocks reduce risk in the portfolio, without reducing average returns. The end result?? A portfolio with a higher expected return for the total portfolio risk. This is a different mechanism than the one proposed in the Financial Analysts Journal, but the magnitude of the benefit in my Monte Carlo analysis is generally consistent with the journal?s results.

What?s the Punch Line?

A range of research over the years has found that portfolios made up of low-beta / low-volatility stocks generate higher returns than standard financial theory would suggest.

The 2011 paper in the Financial Analysts Journal that is the basis of my recent?Advisor Perspectives article, adds additional weight to the historical evidence for this anomaly, as well as proposing an interesting new mechanism to explain why this effect persists. It would not surprise readers if low-beta/low-volatility stocks had out outperformed over recent years, because investors have become increasingly risk-adverse. During this same time period, bonds have also outperformed stocks substantially. The historical period over which this effect is documented in the?Financial Analysts Journal paper is, by contrast, one in which higher-risk assets out performed, on average.

Far more investors are aware of the ?value? and ?size? anomalies made famous by Eugene Fama and Kenneth French, but the low-beta/ low-volatility anomaly is as impressive in its historical performance. While we cannot be certain of the mechanism by which this anomaly gains its advantage, there are a number of plausible explanations. Regardless of the mechanism, however, adding a low-beta tilt to an equity portfolio appears to? provide some performance benefits while also reducing the exposure of the portfolio to big swings in the broader market.

Folio Investing offers a Defensive Strategy Folio that?s designed using low beta principles. The Folio was launched in February 2008 and now has four years of performance history. In our original research conducted in 2007, we projected that this portfolio would outperform the S&P 500 Index with less risk. Over the four years since its launch, the Defensive Strategy Folio has returned 6% in average return with 22.7% in annualized volatility vs. the S&P 500 Index which returned 1.8% on average with? 28.5% annualized volatility. To learn more about the Defensive Strategy Folio, visit Folio Investing.

Related Links:

(Disclosure: Investments in Exchange Traded Funds (ETFs) and Folios are subject to investment risk including the loss of the principal amount invested. Investors should consider the investment objectives and risks of ETFs and Folios as well as the fees and charges associated with them before investing. The prospectus of an ETF contains this and other information about the ETF. For more information regarding the Folio referenced in this article, please visit Folio Investing. Past performance does not guarantee future results. Index performance returns do not reflect any management fees, transaction costs or expenses. Indexes are unmanaged and one cannot invest directly in an index.)

Folio Investing The brokerage with a better way. Securities products and services offered through FOLIOfn Investments, Inc. Member FINRA/SIPC.

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Source: http://portfolioist.com/2012/02/28/risk-return-and-low-beta-stocks/

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Learn How To Communicate In A Marriage - Save Your Relationship ...

Okay, so your marriage is in trouble and you want to fix it. It is not going to be easy and it is going to take some time.

Chances are the problems built up over time and it is not going to be a one or two day fix to correct the problems within your marriage. And most problems in a failing marriage can be traced back to poor communication skills.

Once you master how to communicate effectively then you can start implementing those practices into your marriage and hopefully put things back on the right track.

Marriage is a two way street. That street is communication. If one side of the street is blocked off, or even if both are blocked, then no communication is happening. You can talk all you wish but if you are not doing so in a productive manner then you are wasting your breath and the time of your partner.

That is why it is important to follow some helpful rules in learning how to communicate effectively. The first rule is easy. It is to use active listening.

Communication In A Marriage Is About Listening

You may be thinking that active listening is not going to help you learn to speak but in order to first speak you need to be able to understand what your partner is saying and what he or she is not saying. Active listening skills mean not interrupting when your partner is saying something. And it means not immediately replying if you want to argue. Give the information time to be processed by your brain.

This is the point where if you have been offended by what is said, or you simply are a bit confused, to ask for clarification. Maybe your partner did not mean for a statement to come out the way that it did. You asking a thoughtful question about it show that you are actively listening to what he or she has to say.

Make Sure You Think Before You Speak

Next up is stopping to think after you have thought about what you have to say. It is incredibly easy when arguing to lash out and say something destructive. Do not fall into this trap. If you are about to say something mean or spiteful then stop your mouth before it has time to open. Think about what you want to say and give it a lot of thought.

It may be tempting to criticize your partner for his or her actions but it does nothing that is constructive for repairing the relationship. Also try to use ?I? statements when talking. Talk about how your partner?s actions affect you. ?You? statements put people on the defensive automatically.

By using active listening skills and thinking before you speak then you can learn how to communicate effectively. It does take time and it does take practice. If you have laundry lists of complaints then just shelve them for a bit and pick one that is truly important to you.

Keep calm and speak in a gentle tone and avoid accusations. If you can do this then your marriage does stand a good chance of recovering.

Source: http://www.saveyourrelationships.com/marriages/communicate-in-a-marriage/

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How to Recover the Important Data from Your Cellphone?

The mobile phone is important communication tool in daily life, due to the promotion of the smartphone, more and more people are used to thinking of mobile phones as a record of life around at any time convenient tools. But the phone is lost or damaged or various other reason often make we stored in the mobile phone is lost an important data and material. What are the effective ways and methods can find important data and material? The author to some cell phone store and mobile customer service and mobile communication professionals understand, summarized the following mobile data recovery method.

In recent years, Android has become the highest mobile phone market share, with the user group continues to expand, mobile phone data recovery growing demand, mistaken delete text messages, the address book will sometimes give users to bring a lot of inconvenience or even is a great loss. The current Android mobile phones generally USES the Ext4 as the default file system to store data and the user?s message and the address book is usually for centralized storage on a particular data file. When the user mistaken delete text messages or address book, the file system has not been will text or address book thoroughly, but will the marked deleted state, then if users can discover in time and stop the use of text messages or update address book, the data will not be deleted by further damage, restore possibilities is very big. A few days ago, our company released the iphone Mobile phone data recovery forensics system (enterprise beta), compatible with current Iphone prison break Mobile, online can download experience, by numerous apple customers., wifi access to records for analysis, and other functions, application scope will be more widely, with the mac hard drive recovery software you can recover your lost photos, videos, documents, email and archive files from Mac based hard drive, or external hard drive, iPod, USB drive, SD card, digital camera, etc. In addition, the data recovery for mac software can also recover lost photos, videos, SMS, contacts, note, calendar and call history from iTunes backup file for your iPhone. So powerful!

In recent years, the mobile phone is developing very rapidly, and especially smart phones, have occupies the market leading position, and iPhone, Android mobile phones, Blackberry, Blackberry, more with the more friendly human-machine interaction and all kinds of new technology sprung up, and become the market. These smart phones, the function is all ready, easy to use, has successfully replaced the function of the part of a computer, tens of thousands of users start unintentionally cell phone use save very important personal or business information. However, due to incorrect operation, incorrect delete, mobile phone damage and other various reasons, the user will often be stored in the mobile phone is lost an important data and material. Therefore, the mac data recovery software is also the mobile phone data recovery, as information security last a protective screen, are particularly important.

So, the mobile phone material loss, they can only ?the bad luck?? Not! Information security experts point out that, through professional data recovery tools, can successfully recovering lost data, in fact, at present mobile data recovery technology has a wide range of applications, as early as in a few years ago, have a U.S. company said, the phone to delete the information can be easily recover, and related software online can free downloads, therefore, the company also warned that mobile phone users around the world, out of old phones may leak privacy or commercial secrets. To prove its authenticity, the reporter specially to survey, there are data recovery dealers said to restore to delete the information by mobile phone, after the demonstration, reporters inside mobile phone for nearly two days to be delete information, and to send the number of information in a glance,

In fact, cell phone information can be accidentally deleted, would have not new, online input ?cell phone data loss? ?accidentally deleted? and other key words will pop up many of the relevant information, in addition to some, like ?I accidentally deleted the cell phone memory card folder, many material all have no, sorrow!? ?The phones call this, and some information, pictures, MP3 and so on, can be back? Hurry! Hurry! Hurry? like the thread, and news reports, mobile data security issues, have become a large number of cell phone users of the biggest threat. With the rapid development of information technology, mobile phone function also continually upgrade perfect, its application scope will also be more extensive, and mobile data recovery technology, whether charges or not, the function is perfect or not, will take up information safety data recovery industry greater proportion, become a information security industry the development of an important pillar.

Mobile phone memory card and computer connected to recover. Mobile phone monopoly personnel told the author, this is a kind of the most primitive commonly used methods of mobile data once lost, but mobile phones is still in hand, you might as well use this method to try his luck. Now every mobile phone have data interface, can be Windows platform normal recognition, after connecting a computer can be identified mobile phone operator dish, through the computer to check not through the phone display data information. Such fault recovery is relatively easy, and the cost is low, the success rate is the highest.

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Source: http://www.freepressreleases.com/recover-important-data-cellphone/117054

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Report: Russia, Ukraine foiled plot to kill Putin (AP)

[unable to retrieve full-text content]AP - Security forces have foiled a Chechen-linked plot to assassinate Prime Minister Vladimir Putin, state television reported Monday in a broadcast likely to boost support for Putin's bid to regain the presidency.

Source: http://us.rd.yahoo.com/dailynews/rss/russia/*http%3A//news.yahoo.com/s/ap/20120227/ap_on_re_eu/eu_russia_anti_putin_plot

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Ron Paul campaigns at Central Michigan University

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Source: www.minbcnews.com --- Sunday, February 26, 2012
Close to a thousand people packed into the auditorium to hear Paul speak Satruday evening. The candidate drew loud applause with talk about ending the war on drugs, foreign interventions, and protecting civil liberties. He also talked about an issue that hits close to home for lots of college students - rising tuition costs. ...

Source: http://www.minbcnews.com/news/www.nbc25online.com?id=723851

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Great Cooking Tips Everyone Desires To Understand | Articles Effect

There are plenty of proverbs that surround food. Apply the insights in this post to up your cooking game.

When planning to prepare difficult dishes, do the prep work the evening before the actual cooking is to occur to minimize stress. Group ingredients, determine that you have all necessities on hand, and do all measuring and slicing jobs that can be done beforehand. When it comes time to cook, all you've got to fret about is assembly and cook time.

When you cook veg quickly over powerful heat, their quality is best. Using a slow cooking method is frequently suggested, but the results are less healthy and don't taste as good. Speed cooking vegetables also retains the best texture and nourishment. If you learn how to cook vegetables for the right amount of time, it will provide help to keep them flavorful and preserve nutrient elements.

For the perfect sandwich, you need to take the additional time to uniformly spread mayonnaise over the entire surface of the bread. Frequently condiments are carelessly squirted onto only the centre of the bread. It is way more enjoyable to have mayonnaise in each bite.

A useful tip when making chicken stock is to think huge! Making more than you require in an enormous pot can allow you to have some left over to store in the fridge for later use. Having this heavenly chicken stock on hand will be helpful when you are making soups, casseroles, stews and much more. Once your stock is cooked, let the remains reach room temperature, then portion them into freezer bags.

If you have every considered cooking with skewers, you must keep a few things under consideration. Avoid round metal skewers and stick to square or twisted types.

When cooking, be imaginative. Following a recipe word for word and teaspoon for little spoon is not unvaryingly what cooking is about. With a little cleverness in adding extra ingredients, reducing or changing the amount of spices, or substituting one kind of protein or vegetable for another, you can often create a meal that tastes far better than the original. That's the definition of a real cook!

If you adore using fresh basil, try growing it on your own to always have it on hand. Take the basil and place it in a glass. Cover the stems with water. Put it on top of your kitchen counter and it'll be fresh for weeks! If you keep the water as fresh as you can, roots will start growing. If you keep the basil trimmed continually, this can promote growth and allow a decent supply of basil on a continual basis.

Food is the basis of life, and it can have amazing power. Implement the things you've learned to inspire folk around you.

Buy discounted Restaurant Containers and Cleaning Products on sale today at DillonChem.com ? your discount cleaning and cafe supplies superstore.

Source: http://www.articleseffect.com/great-cooking-tips-everyone-desires-to-understand.html

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How To Run A Great Workplace Safety Business From Your Home

Ensure that your website has fresh, interesting content that people will want to read. For example, a landscaping company could include current information on infestations that are causing problems locally or how often you should water your plants. Others might like to see designs or ideas for what to choose for their backyard, updated as the trends change or new plants are introduced to the area.There are three factors you must consider when choosing a home business for yourself. The first is capability, or what you have the skills to do. The second is interest, what you love to do. The third is goals, or what you want to get out of it in the end.Focus your home business efforts on keeping current customers happy. It takes much less effort to produce sales from happy repeat customers than it does to convince a new one to buy for the first time. Keep your customer base happy and they'll come back.A good home business tip is to remember to be patient. There are so many people that open up a business because they want to make a lot of fast money. This typically never happens. As long as you stay patient and motivated, success will come your way.Check to see what kind of business insurance you need. Some states require mandatory business insurance. Before starting your online business it's vital to examine the cost of it and also what precisely the country calls for; if you reside within The european continent, you may find out just what are the taxation by just getting in touch with the friendly people within the protectia muncii web site. You want to make sure your business is protected and minimize your risks associated with it.If your home-based business requires you to drive during your working hours, be sure to track your mileage and collect receipts for the gas required. These travel expenses, even if they are only for a day trip, are considered to be 100% deductible. However, make sure you can prove that the driving is necessary to the business' profit.Find out everything you can about any home business opportunities you are considering pursing. If a home business opportunity sounds too good to be true, it probably is. You do not want to wind up having wasted time and money on a program that is actually a rip off or scam.Support other businesses like your own. Home businesses are a growing phenomena, so you should try your best to support businesses just like yours. You will build a network of allies and enjoy the same superior service you were looking to create for others when you started your home business! It's a win-win equation.Experience with new techniques, methods, strategies, and ideas. If you are too afraid to experiment within your business, you could find yourself in a rut or stuck in outdated practices that just aren't providing the power they once did. Only through experimentation can you find new and more efficient practices.Discuss your business at dinner with friends and family and you can write it off on your taxes, including the transportation costs to get there! You can't do this so often that the tax man might question what you were talking about, but as long as those associates actually help you with your business some how, it's a deduction!Ensure that your home business is properly insured, by discussing the business with an insurance agent. You should also make sure that your home business complies with local zoning laws and city ordinances. You don't want to start a dog care business, if there is a limit to the amount of animals you can have on your property.The new American dream consists of a lot of things, but being self employed in a workplace safety business is definitely one of them. Not answering to anyone other than yourself has a lot of appeal, as well as determining how much money you make. This article has shown you how you can achieve that dream for yourself.

Source: http://wikiblog.wccards.k12.mo.us/groups/nutritionwebsitefun/weblog/8e7e5/

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Debt ceiling doomsday may come sooner than expected

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Source: conservativenewscentral.com --- Saturday, February 25, 2012
The federal government could hit the Debt ceiling sooner than expected ? and possibly around the November election ? according to a report out Friday. Lawmakers on Capitol Hill had hoped that last summer?s deal to end the nasty fight over lifting the Debt ceiling would ensure the issue wouldn?t resurface until at least 2013. ...

Source: http://conservativenewscentral.com/2012/02/debt-ceiling-doomsday-may-come-sooner-than-expected/?utm_source=rss&utm_medium=rss&utm_campaign=debt-ceiling-doomsday-may-come-sooner-than-expected

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A South Korean anti-war activist holds a placard during a rally against the Key Resolve/Foal Eagle military drill

A South Korean anti-war activist holds a placard during a rally against the Key Resolve/Foal Eagle military drill

A South Korean anti-war activist holds a placard during a rally against the Key Resolve/Foal Eagle military drill outside a US army base used as a command post for joint exercises in Seongnam, south of Seoul, in 2011.

Source: AFP - Copyright AFP 2008, AFP stories and photos shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium

Source: http://www.breitbart.com/article.php?id=iafpCNG.0ed17bcb1a9793e7ec08f0f74a81d39f.3f1p1&show_article=1

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Ethics for the Real Estate Lawyer ? Tampa Bay Real Estate Law Blog

A. THE BASICS
The fundamental ethical standards for lawyers in Florida are set out in Chapter 4 (Rules of Professional Conduct) and Chapter 5 (Rules Regulating Trust Accounts) of the Rules Regulating the Florida Bar. In the past, these rules were called the ?Cannons of Ethics,? and are still referred to by this name in some states. The Rules Regulating the Florida Bar are no longer published in the September directory issue of THE FLORIDA BAR JOURNAL, but are available online at www.FLABAR.org (under the ?Lawyer Regulation? heading in the left column on the home page of the web site) and are published in a Florida Bar publication, PROFESSIONAL ETHICS OF THE FLORIDA BAR. In addition to the Rules Regulating the Florida Bar, the American Bar Association publishes a model code of professional conduct which is available at www.abanet.org. While the ABA rules do not have binding effect on Florida lawyers, they cover some areas of ethics which are not necessarily covered in the Florida Rules and reflect national trends in ethical conduct for attorneys. While fine tuning of these rules takes place frequently, the basic ethical concepts have remained the same for the last century. This chapter provides an overview of the type of ethical behavior that is expected from a lawyer.

1.
Competency. Rule 4-1.1 provides: ?A lawyer shall provide competent representation to a Client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.?
Dealing with most problems faced by practicing attorneys requires a diverse knowledge of several areas of law. Many of these problems require specialized knowledge that is not necessarily available to every lawyer admitted to the Florida Bar. Before a lawyer becomes involved in a new type of transaction, the lawyer should be certain that he or she has the knowledge and skill in this area necessary to provide his client with adequate representation. This does not mean that a lawyer must be experienced before representing such a client. According to the official comment to this rule, ?A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question.?
For example, a lawyer who has handled real estate transactions may be asked by a client to handle eminent domain matter. Although the lawyer has no experience in eminent domain, he or she can ethically undertake this representation by either familiarizing himself or herself with the evolving issues of internet law or by associating a lawyer with expertise in this area.
In The Florida Bar v. Walton, 952 So. 2d 510 (Fla. 2006), an attorney who failed to accept payment to satisfy a judgment that was 23 cents short, delayed by six months getting the money to his clients and was disciplined for failing to competently represent his clients.
Traditionally, competence under this rule has been limited to legal ability and knowledge of the law and legal procedures. However, with the advent of the increased use of technology in the practice of law, some jurisdictions are considering expanding the competency requirement to include technological competence. See, ?R U Competent,? THE WASHINGTON LAWYER (November 2008).

2. Promptness and Diligence. Rule 4-1.3 provides: ?A lawyer shall act with reasonable diligence and promptness in representing a client.?
Litigators face statutes of limitation and court deadlines in representing their clients. However, even real estate transactional lawyers, who try to keep their clients out of litigation must act promptly in many situations. Purchase and sale contracts contain deadlines, and passage of time may affect the client?s rights or alter the client?s bargaining position or force a client or may limit a client?s right to take advantage of conditions precedent under the contract. According to the official comment on this section: ?Perhaps no professional shortcoming is more widely resented than procrastination. A client?s interests often can be adversely affected by the passage to time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the client?s legal position may be destroyed. Even when the client?s interests are not affected in substance, however, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer.?

3. Communication. Rule 4-1.4(a) provides: ?

A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client?s informed consent, as defined in terminology, is required by these rules;

(2) reasonably consult with the client about the means by which the client?s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer?s conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

Rule 4-1.4(b) provides : ?A lawyer shall explain a matter to the extent reasonably necessary to make informed decisions regarding the representation.?
Lack of communication ? the failure to return telephone calls or keep clients informed of the developments of their case ? generates more client complaints to the Florida Bar than any other single cause. According to the official comment to this rule: ?The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client?s best interests and the client?s overall requirements as to the character of representation.

1. Criminal or Fraudulent Conduct. Rule 4-1.2(d) provides: ?A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.?
Most of the reported cases dealing with Rule 4-1.2(d) involve lawyers condoning, or instructing their clients to give, perjured testimony. See Baker v. Myers Tractor Services, 765 So. 2d 149 (Fla. 1st DCA 2000); The Florida Bar v. Rood, 622 So. 2d 974 (Fla. 1993). However, this rule has application to transactional representations of small businesses as well as to litigation practice. For example, if an attorney prepares an affidavit which the attorney knows to be false, for use in a limited liability company transaction, the attorney has violated this rule. The attorney might prepare or allow his client to execute a no-lien affidavit when the attorney knows that a construction lien has been recorded after the effective date of the title commitment. See The Florida Bar v. Roland, 702 So. 2d 974 (Fla. 1997). According to the official comment on this rule: ?A lawyer is required to give an honest opinion about the actual consequences that appear to be likely to result from a client?s conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a lawyer may not assist a client in conduct that the lawyer knows or reasonably should know to be criminal or fraudulent. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.?
2. Reporting Professional Misconduct. Rule 4-8.3(a) provides: ?A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer?s honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate professional authority.?
This rule is explained in Florida Ethics Opinion 94-5. The Professional Ethics Committee was asked ?whether an attorney may threaten to file a disciplinary complaint against counsel in order to obtain an advantage in a civil matter.? The Committee concluded that ?if an attorney is obligated to report another attorney?s professional misconduct pursuant to Rule 4-8.3, then it is ethically impermissible for the attorney to threaten the other attorney with the filing of a disciplinary complaint. Even if an attorney is not obligated to report the other attorney?s misconduct, threatening to file a disciplinary complaint often will violate one or more of the Rules of Professional Conduct.?
In addition to this finding, the Committee discussed Rule 4-8.3(a) saying: ?Under the ?Reporting Professional Misconduct? rule, Rule 4-8.3, an attorney is obligated to report another attorney?s misconduct that raises a substantial question as to the offending attorney?s ?honesty, trustworthiness, or fitness as a lawyer in other respects.? Rule 4-8.3(a). An attorney, however, may not report the violation if the information is protected by the confidentiality rule, Rule 4-1.6, unless the attorney has the consent of the client. As a result, in situations where an attorney is required to report a violation, the attorney?s failure to do so would constitute misconduct under Rule 4-8.4(a). Similarly, an agreement not to file a grievance complaint would violate Rule 4-8.4(a) where the filing of a complaint would otherwise be required by Rule 4-8.3(a). See The Florida Bar v. Fitzgerald, 541 So.2d 602, 605 (Fla. 1989) (client?s agreement to bring attorney?s unethical conduct to the attention of the Bar is unenforceable). Therefore, if an attorney is obligated to report another?s professional misconduct, the attorney must report it rather than threaten to do so.?

B. CONFLICTS OF INTEREST
The general standard for conflicts of interest is set out in sections Rule 4-1.7. These sections provide:
(a) Representing Adverse Interests. Except as provided in subdivision (b), a lawyer shall not represent a client if:
1.
(1) the representation of 1 client will be directly adverse to another client; or

(2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer?s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a conflict of interest under subdivision (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a position adverse to another client when the lawyer represents both clients in the same proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing or clearly stated on the record at a hearing.

(c) Explanation to Clients. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
(d) Lawyers Related by Blood or Marriage. A lawyer related to another lawyer as parent, child, sibling, or spouse shall not represent a client in a representation directly adverse to a person who the lawyer knows is represented by the other lawyer except upon consent by the client after consultation regarding the relationship.

(e) Representation of Insureds. Upon undertaking the representation of an insured client at the expense of the insurer, a lawyer has a duty to ascertain whether the lawyer will be representing both the insurer and the insured as clients, or only the insured, and to inform both the insured and the insurer regarding the scope of the representation. All other Rules Regulating The Florida Bar related to conflicts of interest apply to the representation as they would in any other situation.

Multiple Party Representation
In most real estate and corporate transactions, there are multiple parties. In corporate transactions, there are the corporation, the officers, the directors, and the shareholders. In a real estate transaction, there are the buyer, the seller, the real estate broker for the buyer, the real estate broker for the seller, the mortgage broker, the title company, and the surveyor. Each of these parties have their own interests which differ from and may be in conflict with the interests of the other parties. The buyer and the seller have frequently met and agreed on a price before either contacts an attorney. Sometimes buyers and sellers think that they can both be represented by the lawyer for the bank that is lending the money for the purchase. Rule 4-1.7(b) implies that, in certain situations, it would be ethical for an attorney to represent multiple parties in a transaction. While this is the position of both the Florida rule and the ABA model rules, court cases in Florida and other states have limited this rule.
In The Florida Bar v. Reed, 644 So. 2d 1355 (Fla. 1994), the Court found that an attorney?s attempt to represent both the buyer and the seller in a real estate transaction and to attempt to resolve differences between them was unethical and suspended the attorney for six months. Similarly in The Florida Bar v. Teitelman, 261 So. 2d 140 (Fla. 1972), the Court reprimanded an attorney who represented both the mortgage company and the title insurer in real estate closings but, without prior agreement, charged a fee for his services to the seller. In The Florida Bar v. Crabtree, 595 So. 2d 935 (Fla. 1992), the Court disbarred an attorney for failing to obtain informed consent for a dual representation.
Other states have further limited dual representation. In Colorado (People v. McDowell, 718 P.2d 541 (Colo. 1986)), Ohio (Stark County Bar Ass?n. v. Ergazos, 442 N.E.2d 1286 (Ohio 1982)), and New Jersey (Baldasarre v. Butler, 625 A.2d 458 (N.J. Sup. Ct. 1993), for example, attorneys are prohibited from representing both buyers and sellers. In New York (Ethics Opinion 611), Massachusetts (Ethics Opinion 1990-3), and Maryland (Ethics Opinion 84-85), there is a mixed rule relating to transactional practice: Attorneys may represent both buyers and sellers in the sale of real estate but not in the sale of entire businesses.
Occasionally, a lawyer will be requested to act as a ?closing agent,? receiving a portion of the attorney?s fee from the buyer and a portion from the seller for preparing the paper work necessary to complete the transaction. The Florida Bar Committee on Professional Ethics dealt with this situation, as it relates to the sale of a business, in Florida Ethics Opinion 97-2. According to that opinion, ?Where there is a disagreement or material terms of an agreement have not been addressed between buyer and seller as to financing, security, consulting agreements with the seller, title defects, or any other material matter relating to the sale, conflicts may exist or develop. Under the foregoing circumstances, it would be unethical for a Florida attorney to represent both the buyer and seller in closing the sale of a business in Florida, acting as ?closing agent? for the transaction.?
1. Self-Dealing. Self-dealing is a special type of conflict of interest for which there is a specific rule. Rule 4-1.8(a) provides:
A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, except a lien granted by law to secure a lawyer?s fee or expenses, unless:
(1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer?s role in the transaction, including whether the lawyer is representing the client in the transaction.

There is abundant case law on a lawyer?s self-dealing in the context of an attorney/client relationship. In The Florida Bar v. Cox, 718 So. 2d 788 (Fla .1998), a lawyer, who was a shareholder in a corporation which he represented as an attorney, was disciplined for failing to obtain written consent from the other shareholders approving his ownership interest in the business. In The Florida Bar v. Clement, 662 So. 2d 690 (Fla. 1995), the attorney was disciplined for borrowing money from a client to finance a rock and roll concert that the attorney was helping to produce. In Banmac, Inc. v. Grady, 500 So. 2d (Fla. 2nd DCA 1986), the court found that it was improper for an attorney to refer clients to a business in which the attorney had an ownership interest without disclosing that interest to the clients in writing. In The Florida Bar v. Simonds, 376 So. 2d 852 (Fla. 1979), the attorney was disciplined for inducing two clients to make a loan to a clothing store in which the attorney had an ownership interest which he failed to disclose.
The standard for applying Rule 4-1.8(a) was set out in The Florida Bar v. Black, 602 So. 2d 1298 (Fla. 1992). In that case, which involved a lawyer who borrowed money from a client, the Florida Supreme Court said: ?Lawyers must be extremely careful in their personal dealings with clients. Lawyers act in a special fiduciary capacity with their clients and must avoid using that relationship for personal gain.?
1. Business Conflicts v. Ethical Conflicts
Clients will at times raise what they see as conflicts because of their competitive business situation. A client may try to dictate to a firm which other clients that firm can represent. For example, one television station in a particular market may believe that it is a conflict of interest for its law firm to represent a competing television station in the same market. Such a conflict is not a legal conflict of interest because the two stations are not adversaries in a particular legal matter. In such a case, the law firm may ethically represent both television stations.
However, if the two stations represented by the same law firm become involved in an adversarial matter, such as a law suit or the purchase of some equipment by one station from the other, the law firm cannot represent either station. See Kern Air Corp. v. Gainesville-Alachua County Regional Airport Authority, 593 So. 2d 1219 (Fla. 1st DCA 1992); Campbell v. American Pioneer Savings Bank, 565 So. 2d 417 (Fla. 4th DCA 1990).
Similarly, when you are involved in a transaction involving other professionals, there may be a conflict between the ethical standards required of a lawyer and those required of an accountant, a real estate broker, or an engineer. You must be guided by the Rules Regulating the Florida Bar not by the ethical perceptions of other professionals involved. If conflicts develop between your client and the other professionals with whom you are working, you must remember that your first loyalty in to your clients ? not to the members of other professions who are working with you. Rule 4-1.7(a)(2) provides that ?a lawyer shall not represent a client if . . . there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer?s responsibilities another client, a former client or a third person or by a personal interest of the lawyer.?
C. UNREPRESENTED PARTIES
Rule 4-4.3 provides: ?In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer?s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel..?
The Florida Supreme Court clarified this rule in The Florida Bar v. Belleville, 591 So.2d 170 (Fla. 1991). In that case the court said: ?When faced with this factual scenario, we believe an attorney is under an ethical obligation to do two things. First, the attorney must explain to the unrepresented opposing party the fact that the attorney is representing an adverse interest. Second, the attorney must explain the material terms of the documents that the attorney has drafted for the client so that the opposing party fully understands their actual effect. When the transaction is as one-sided as that in the present case, counsel preparing the documents is under an ethical duty to make sure that the unrepresented party understands the possible effect of the transaction and the fact that the attorney?s loyalty lies with the client alone.? Id at 172.
The opinion of the Florida Supreme Court in the Belleville case echoes a long standing ethical opinion. In Opinion 65-58 (October 18, 1965), the Florida Bar Committee on Professional Ethics opined that: ?A lawyer who closes mortgage loans in behalf of a mortgage lender should disclose to a purchaser-borrower title defects or clouds known to the lawyer (and to the title insurer), even though the lender is protected by insurance, when the purchaser-borrower is not represented by an attorney and has direct dealings with the closing attorney.?
D. ATTORNEY?S OPINION LETTERS
Since the 1970?s, the use of attorney?s opinion letters has become more prevalent. Litigators are frequently asked to provide written opinions predicting how a court will rule on a particular matter of lat. Transactional attorneys are frequently asked to write letters expressing their opinion as to certain aspects of the transaction. Special standards for attorney?s opinion letters are set out in Reports on Standards for Opinions of Florida Legal Counsel for Business and Real Estate Transactions (the ?Report?) which was published by the Business Law Section and the Real Property, Probate & Trust Law Section of the Florida Bar in September 1998. The Report expands and exemplifies Rule 4-2.3 (Evaluation for Use by Third Persons) which provides:
(a) A lawyer may undertake an evaluation of a matter affecting a client for the use of someone other than the client if:
(1) the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer?s relationship with the client; and
(2) the client consents after consultation
(b) In reporting the evaluation, the lawyer shall indicate any material limitations that were imposed on the scope of the inquiry or on the disclosure of the information.
(c) Except as disclosure is required in connection with a report of an evaluation, information relating to the evaluation is otherwise protected by rule 4-1.6 [Confidentiality of Information].
There are five ethical issues raised in issuing attorney?s opinion letters:
1. Duty of Loyalty. According to the Report: ?Attorneys owe their clients a duty of loyalty. As long as the client?s informed consent is obtained, rendering an opinion to a third party is not a breach of that duty. Before an attorney renders an opinion, the attorney should explain to the attorney?s own client the scope of the opinion and the requirements and consequences which may arise from its issuance. For example, the attorney should advise the client that once the opinion is given, it may be difficult for the client to argue positions contrary to the legal conclusions contained in the opinion.?
2. Conflict Between an Attorney and the Attorney?s Client. According to the Report: ?If delivery of a particular opinion appears to be in the best interests of a client (where, for example, the addressee will not close the transaction without the opinion), but the attorney is reluctant to deliver the opinion out of concern about the attorney?s potential liability for the opinion (because of uncertainty about a legal issue, or for other reasons), a conflict can exist between the ?zealous representation? obligation of the attorney and the attorney?s own self-interest. In such a situation, the attorney should discuss with the client the issues which cause the attorney to be unwilling to give the requested opinion.?
3. Confidentiality. According to the Report: ?The contents of an opinion rendered to a third party are not protected by the attorney-client privilege. Accordingly, attorneys should consider this before rendering opinions and confirm that the client understands this fact and its ramifications.?
4. Good Faith. According to the Report: ?An attorney should neither ask for, nor advise the client to demand, opinions that an attorney qualified to render such an opinion would reasonably be willing to give.?
5. Candor. According to the Report: ?If any attorney involved in the delivery, negotiations or receipt of an opinion knows that the assumptions, facts or law upon which the opinion is based are incorrect, that attorney should advise the attorney rendering the opinion of these matters so that they can be addressed. Similarly, if an attorney involved in the transaction for which the opinion is being delivered knows of facts or circumstances that compel this attorney to conclude that the information or assumptions on which opining counsel proposes to rely are false, the attorney must bring this conclusion to the attention of the opining attorney, and the opining attorney may not rely on the false information or assumptions in rendering the opinion except with the informed consent of the addressee. Similarly, if the opining counsel concludes that an area of law that otherwise would be excluded from the scope of the opinion clearly affects the legality of the transaction, the opining attorney should bring this fact to the attention of counsel for the addressee.?
Although the substantive content of each attorney?s opinion letter will vary with the transaction it is describing, there are certain elements that are common to most such opinion letters:
1. Date. An opinion letter speaks as of the date on which it is issued. This date should clearly be set forth in the letter. The letter should also make clear whether the letter speaks to legislation which has been passed but which is not effective as of the effective date of the letter. In addition, the letter should state whether the opining attorney has any continuing obligation to update the letter based on facts learned by the attorney after the date of the letter.
2. Addressee. Each opinion letter should be addressed to a specific entity. The letter should also specify whether it can be relied upon by any persons who are not specifically listed as addressees.
3. Role of Counsel. The opining attorney should delineate his or her relationship to the client on whose behalf the letter is being issued.
4. Brief Description of the Transaction.
5. Requirement for the Opinion. According to the Report: ?The opinion should state the reason it is being given. Generally, the delivery of the opinion will be required by one of the principal transactional documents as a condition precedent to consummation of the transaction.?
6. Definitions. Terms and phrases of art used in the opinion should be clearly defined, so that they will not be misconstrued by the addressee of the report.
7. Limitations on Law. The opining attorney should place limits on jurisdictional and substantive areas of the law. Excluded areas of the law should be specified.
8. Factual Certificates. Frequently, the opining attorney does not have personal knowledge of all of the facts necessary to render the requested opinion. In such cases, the attorney relies on factual representations made to him by others. Any such factual representations should be specified in the opinion letter.
9. Investigation and Knowledge. The opining attorney should state in the letter what, if any, investigative steps he has taken prior to issuing the opinion.
10. Assumptions. An opining attorney cannot investigate all matters relating to an opinion letter. In most opinions, the attorney assumes that, for example, the signatures on documents he reviews are not forgeries and that each natural person executing a document has legal capacity to do so. All such assumptions should be listed in the letter.
11. Opinion. This portion of the letter should state: ?Based on the foregoing, and subject to the qualifications and limitations stated in this letter and in the Report, we are of the opinion that . . .?
12. Reasoned Opinions. According to the Report: ?If legal uncertainty exists about the conclusion that the highest court in a jurisdiction would reach on a particular issue, only a ?reasoned? opinion can be given. . . . Typically, a reasoned opinion identifies the uncertain legal issue at hand, articulates the reasons for the uncertainty, analyzes the various plausible conclusions a court could reach in deciding the issue and offers a prediction as to which conclusion is most likely to be reached by the highest court.?
13. Signature. The signature should identify the lawyer or firm that is taking responsibility for the opinions expressed in the letter.
The Report is particularly helpful in drafting opinion letters for several reasons. First, the report defines terms to be used in opinion letters. Second, the report lists common assumptions on which attorneys usually rely in drafting opinion letters. For this reason, the Report should be incorporated by reference into a Florida attorney?s opinion letter.
In addition, the Report contains sample opinion letters of several types and numerous sample provisions which specify in appropriate ways the matters on which opinions are usually requested. These sample provisions can usually be substituted for similar provisions in requested opinions.
E. TRUST ACCOUNTS
Florida Attorney?s Trust Accounts are regulated by Chapter 5 (Rules Regulating Trust Accounts) of the Rules Regulating the Florida Bar which can be found in the September issue of THE FLORIDA BAR JOURNAL. All Florida attorneys should be familiar with these rules.

1. Basic Requirements. Trust accounts are accounts maintained by attorneys for holding ?separate from the lawyer?s own property, funds and property of clients or third persons that are in a lawyer?s possession in connection with a representation.? See Rule 5-1.1(a), THE RULES REGULATING THE FLORIDA BAR. Such accounts must be identified ?trust accounts? and must name the lawyer or law firm for whom the trust account is maintained. See Rule 5-1.2(b)(1), THE RULES REGULATING THE FLORIDA BAR. The trust accounts must be maintained in interest bearing accounts in which the interest paid on the accounts goes to the Florida Bar Foundation under the Interest on Trust Accounts (?IOTA?) program of the Florida Bar. See Rule 5.1.1(e), THE RULES REGULATING THE FLORIDA BAR.
2. Accounting Procedures. Trust funds must be maintained in separate bank accounts. Originals or copies of deposit slips and canceled checks must be kept. A separate cash receipts and disbursements journal must be kept, and individual ledger cards for each client must be maintained. See Rule 5-1.2(b), THE RULES REGULATING THE FLORIDA BAR. These records must be kept for a minimum of six years. See Rule 5-1.2(c)(3), THE RULES REGULATING THE FLORIDA BAR. There are both monthly and annual accounting requirements on attorneys maintaining trust accounts. Each month, all trust accounts must be reconciled and comparisons made between reconciled balances of trust accounts and the total of individual client trust ledgers. See Rule 5-1.2(c)(1), THE RULES REGULATING THE FLORIDA BAR. According to Rule 5-1.2(c)(2): ?At least annually, the lawyer shall prepare a detailed listing identifying the balance of the unexpended trust money held for each client or matter.? In addition, each attorney must annually certify to The Florida Bar, that he or she is in compliance with the trust accounting rules. See Rule 5-1.2(c)(5), THE RULES REGULATING THE FLORIDA BAR. Failure to maintain adequate trust accounting records and to follow minimum accounting procedures can subject an attorney to discipline. See The Florida Bar v. Williams, 753 So. 2d 1258 (Fla. 2000).
3. Disbursements Against Uncollected Funds. Disbursement of uncollected funds is a major issue in the sale and purchase of businesses. Sellers who relinquish control of a business want to receive their funds immediately at closing. However, the general rule is that ?a lawyer may not disburse funds held for a client or on behalf of that client unless the funds held for that client are collected funds.? Rule 5-1.1(j), THE RULES REGULATING THE FLORIDA BAR. There are six exceptions to this general rule:

(1) when the deposit is made by certified check or cashier?s check;
(2) when the deposit is made by a check or draft representing loan proceeds issued by a federally or state-chartered bank, savings bank, savings and loan association, credit union, or other duly licensed or chartered institutional lender;
(3) when the deposit is made by a bank check, official check, treasurer?s check, money order, or other such instrument issued by a bank, savings and loan association, or credit union when the lawyer has reasonable and prudent grounds to believe the instrument will clear and constitute collected funds in the lawyer?s trust account within a reasonable period of time;
(4) when the deposit is made by a check drawn on the trust account of a lawyer licensed to practice in the state of Florida or on the escrow or trust account of a real estate broker licensed under applicable Florida law when the lawyer has a reasonable and prudent belief that the deposit will clear and constitute collected funds in the lawyer?s trust account within a reasonable period of time;
(5) when the deposit is made by a check issued by the United States, the State of Florida, or any agency or political subdivision of the State of Florida;
(6) when the deposit is made by a check or draft issued by an insurance company, title insurance company, or a licensed title insurance agency authorized to do business in the state of Florida and the lawyer has a reasonable and prudent belief that the instrument will clear and constitute collected funds in the trust account within a reasonable period of time.

4. Misappropriation of Trust Funds. One of the principal reasons for the disbarment of attorneys in Florida is the misappropriation of trust funds. According to the Florida Supreme Court, ?[t]he misuse of client funds is one of the most serious offenses a lawyer can commit. Upon a finding of misuse or misappropriation, there is a presumption that disbarment is the appropriate punishment.? See The Florida Bar v. Schiller, 537 So.2d 992, 993 (Fla. 1989). Overcoming this presumption is difficult, and in most cases of misappropriation of trust account funds, disbarment is the discipline imposed by the Florida Supreme Court. See The Florida Bar v. Travis, 765 So. 2d 689 (Fla. 2000); The Florida Bar v. Kovones, 752 So. 2d 586 (Fla. 2000); The Florida Bar v. Tillman, 682 So. 2d 542 (Fla. 1996). However, in occasional cases in which there is a lack of a selfish or dishonest motive and in which restitution has been made, the Court has imposed a lesser discipline. See, The Florida Bar v. Barbone, 679 So. 2d 1179 (Fla. 1996).

F. FEES
Written fee contracts, while advisable, are required by the Florida Rules only in contingent fee cases.
Rule 4-1.5(e) provides: ?Duty to Communicate Basis or Rate of Fee to Client. When the lawyer has not regularly represented the client, the basis or rate of fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.?
Rule 4-1.5(a) provides: ?Illegal, Prohibited, or Clearly Excessive Fees. An attorney shall not enter into an agreement for, charge, or collect an illegal, prohibited, or clearly excessive fee or a fee generated by employment that was obtained through advertising or solicitation not in compliance with the Rules Regulating The Florida Bar. . . .?
In Florida Bar v. Carlon, 820 So. 2d 891 (Fla. 2002), The Florida Supreme Court disciplined an attorney for charging excessive fees in two separate situations. In the first situation, the attorney charged the client $3,340 for looking up an Arizona attorney in Martindale Hubbell. The disciplined attorney did nothing other than providing the client with a list that the client did not use. On his own, the client found an attorney in Arizona who charged only $404 for the actual legal work. In the second situation, the disciplined attorney charged over $11,000 for handling a simple estate (for which the statutory fees under ?733.6171 of the Florida Statutes was $3,435.). The attorney billed at a rate of $200 per hour and the bill included several 20 minute time charges for telephone calls placed by the attorney which were unanswered.

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February 25, 2012 - Posted by deasonlaw | Legal Research

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Anti Aging for Today: Black raspberries prevent colorectal cancer

by: David Gutierrez

Black raspberries contain natural compounds that may significantly reduce the risk of colorectal cancer, according to a study conducted by researchers from Ohio State University and published in the journal Cancer Prevention.

Researchers genetically engineered mice to develop either intestinal tumors or a type of colon inflammation, colitis, known to increase the risk of colorectal cancer. They then fed all the mice a high-risk diet low in calcium and vitamin D and high in saturated fat for 12 weeks. Some of the mice were fed 10 percent of their daily calories from freeze-dried black raspberry powder.

Among the mice engineered to get colitis, black raspberry powder significantly reduced inflammation and cut both the number of new and total tumors by 50 percent. Among mice engineered to get intestinal tumors, black raspberry powder reduced the number of new tumors by 45 percent and the number of total tumors by 60 percent. The effect appeared to be produced, in part, by the suppression of a protein that binds to the artificially modified gene. Read more...

AyurGold for Healthy Blood

Source: http://anti-aging-for-today.blogspot.com/2012/02/black-raspberries-prevent-colorectal.html

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Santo: Mitt "Proved Me Wrong" (TIME)

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Ancient Maya doom teaches climate lesson

This temple in the Kingdom of Tikal is one of the most prominent of the Classic Maya Period.

By Alan Boyle

Scientists have long assumed that the Classic Maya civilization was done in more than a millennium ago by a series of droughts, but now they say natural records suggest those?droughts were "modest," with no more than a 40 percent reduction in rainfall. And that, in turn, suggests that similarly modest climate changes over the next century could have a not-so-modest effect.

"What seems like a minor reduction in water availability may lead to important, long-lasting problems ... Today, we have the benefit of awareness, and we should act accordingly," Martin Medina-Elizalde, a researcher at the Yucatan Center for Scientific Research in Mexico, said in a news release.

The study ? conducted by Medina-Elizalde and Eelco Rohling, a colleague from the University of Southampton ? appears in this week's issue of the journal Science. It addresses one of the big mysteries of Maya history: What caused a civilization that dominated areas of present-day Guatemala and Mexico in the year 800 to collapse by the year 1000? Deforestation and drought have figured prominently as the prime suspects, but just how dire did those droughts get?

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To shed additional light on the mystery, the two climate experts analyzed chemicals in lake sediments, marine shells and cave stalagmites to track variations in rainfall. For example, the ratio of oxygen-16 to oxygen-18 in a particular layer of mineral can tell you how much rainfall fell during the season when the mineral was laid down. Such variations can be read year by year, like tree rings.

Science / AAAS

The elements in different layers of stalagmites in Yucatan Peninsula caves, such as this one, were analyzed to determine how rainfall varied through the centuries.

The researchers found that there was indeed a deficit in rainfall in the period between the years 800 and 1000. But that deficit was modest, amounting to a 25 to 40 percent reduction in the drought years. Medina-Elizalde and Rohling assume that the droughts took the form of reductions in the frequency and intensity of tropical storms during the summer.

"Summer was the main season for cultivation and replenishment of Mayan freshwater storage systems, and there are no rivers in the Yucatan lowlands," Rohling said in the news release. "Societal disruptions and abandonment of cities are likely consequences of critical water shortages, especially because there seems to have been a rapid repetition of multiyear droughts."

In an email, Medina-Elizalde told me that "these droughts may not have been strong enough to cause by themselves the collapse of the civilization, but they were likely strong enough and persistent enough ... to cause major sociopolitical disruptions that ultimately led to the final outcome."

"Let's imagine that today, from one year to another, major cities can no longer supply fresh water to a third of their populations. ... With no freshwater pumping systems, how would we keep producing agricultural produce and supplying fresh water to support the entire populations of these cities?" he wrote.

Today, much of the Yucatan Peninsula's rural population still relies on summer rainfall to support their crops. Medina-Elizalde said access to fresh water isn't so much of a problem, thanks to modern pumping systems. But he noted that lower-than-average summer rains still "have fairly dire consequences" for local farmers.

The current models from the Intergovernmental Panel on Climate Change predict that there could be annual rainfall reductions of up to 50 percent in the Yucatan Peninsula by the end of this century, Medina-Elizalde said. He and his colleagues are studying how such reductions might affect freshwater supplies in the region.

"Some climate models suggest that local vegetation does contribute to increase rainfall significantly ... which would suggest that by preserving the forests, we are mitigating the impacts of climate change," he said. "Definitely, local governments need to start making serious efforts to mitigate and adapt to climate change in light of the forecast for the next decades."

What do you think? Does this research merely add an interesting twist on a centuries-old story, or does it serve as a warning about our future fate? Please feel free to weigh in with your comments below.

More about climate and ancient civilizations:

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Source: http://cosmiclog.msnbc.msn.com/_news/2012/02/23/10481831-maya-doom-teaches-climate-lesson

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