General Practitioner Lawyer Vs Focused Practice Lawyer

Often times when young lawyers contact me about starting a law practice. I always ask them what type of law will your firm focus on? Usually the response is, my practice will be a general practice where I will do multiple things.

In my opinion it is best to have a specific area of law you focus on versus dabbling in several things areas. Not only will it help the attorney become more proficient in a particular area of law, but it also can help save you from future malpractice suits if you screw up on something you're not familiar with. Below are the most important reasons to focus on one particular area of law versus multiple areas or having a general practice.

Become an expert: I don't know about you, but I cannot possibly learn every area of the law. Including all case law, statutes, precedent, procedures, legal treatises, etc. The law encompasses everything in our daily lives. There is no way that a person can possibly learn all of it. What an attorney can do is become an expert in a particular area. They can focus all their energy in one area of the law. They can become familiar and know every applicable case, statute, precedent, and legal doctrine involving this particular area of law.

Save money on malpractice insurance: There is a reason malpractice insurance increases when an attorney practices in multiple areas of the law. Insurance companies recognize most lawyers cannot possibly understand everything. Therefore if an attorney practices in multiple areas of the law, they have a higher risk of messing up due to their unfamiliarity with a particular area. Thus a malpractice suit is more likely. When getting malpractice insurance if an attorney only practices in criminal defense, then their policy will be much less expensive then an attorney that does family law, criminal law, personal injury, etc.

More money: I personally believe that if an attorney focuses on one area of law then they will make more money. Think about it. If you become proficient in this area of law. You build your practice and reputation in this one area of law. If you're known as an expert and a great attorney in this area of law. Then word will spread and more clients will come your way. But if area spread out, your name doesn't get out there, you're not proficient in one area but competent in several areas. Nobody will know who you are and you will have a more difficult time getting clients.

Overall this is just my personal opinion. Obviously there are attorneys out there who are very successful practicing in multiple areas. But in today's day and age where the legal field is completely saturated, why not focus on one area and build your practice from there rather than in multiple areas.

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How Big a Part of Your Life Is Your Attorney?

Have you stopped to think how your attorney is involved in so many aspects of your life and family? The laws in the United States are so stringent that you may require legal counsel and representation for violations that may seem very minor or trivial. In today's world where we sue each other at the drop of a hat, it makes sense to have a family lawyer to instruct and guide you during any such occurrence or event. If you get a ticket for speeding, if you inherit property or want to make a will, whether you are getting proper benefits at your work place or you have received injury or been in an accident - your lawyer is the person who would help you protect your interests and ensure your properties, assets, rights and family are kept safe and intact.

Insurance companies use the legal system all the time to not pay dues and claims to legitimate claimants. If you have to claim medical insurance or workers benefits or personal injury benefits, without the legal representation of a skilled attorney, you may end up by not receiving your just benefits and are left shorn of your rights.

When going through a divorce, the ugly truth is that your lawyer will get to know every tawdry detail of your failed relationship and suggest to you on how to legally punish your ex-spouse for his or her conduct during the marriage. Although many people fail to appreciate the need for a divorce attorney, it is probably the only way a couple can settle their differences, divide their assets and share custody of the children from the marriage. In today's complicated society, where there is no security except that which the government and authorities legally allot to us, legal representation is the only way to get heard, defend and protect ourselves.

It may be your attorney who will make sure that your family receives the assets and benefits you bestow on them after your death. The relationship of a person with his or her attorney potentially lasts a lifetime. Developing a trusting relationship with your legal counsel would ensure that person's loyal service and best advice. Just as a person may have a family physician, the family attorney should ideally be confidante of all the family members in all legal matters. It pays to have a long term, mutually trusting relationship with your attorney. Hannibal MO residents can consult the advice of law firms for their experienced legal counsel.

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You Have Title to Your Property - So What! Eminent Domain - Government's Right to Take What's Yours

The U.S. Constitution Fifth Amendment states: "...nor shall property be taken for public use without just compensation."

The taking of property for public use is a necessary power of any government at any level. Without the power, there could be no public roads, parks, utility easements or other public uses. The big question of just what is public use came before the Supreme Court in 2005 with Kelo v. City of New London, one of the most controversial decisions in recent memory. The City of New London determined that an area of the city, Fort Trumbull, needed to be revitalized and redeveloped to fit in with the plans of drug giant Pfizer, Inc. which intended to create a large nearby research facility. The city condemned the property of plaintiff Kelo and four others who did not want to sell their property. The area in question was by no means blighted, or even run-down. It just got in the way of a redevelopment plan. The area in question was about 5 1/2 acres out of a total of 90 acres. Plaintiffs argued that the plan would take their private property and transfer it to another private entity, the developer, and that this did not constitute a public use. The 5-4 majority, with Justice Kennedy providing the swing vote, held in favor of the city, finding that the action constituted a public use. Justice Sandra Day O'Connor issued a strong dissent, joined by Justice Antonin Scalia. She found that the decision effectively deletes the words "for public use" from the Takings Clause of the Fifth Amendment.

One commentator estimated that in the first year after the Kelo decision local governments used the threat or actually did condemn over 5,683 private parcels for transfer to other private parties. This shows the enormous power of a Supreme Court decision. Since the founding of the republic, all levels of government operated on the assumption that the taking of property for public use, actually meant for public use. Public use meant roads, utility easements, military installations, and the like. Nobody thought that a public use could mean a private use that government, in its wisdom, determines to be a better use than the current one.

Judge Richard Posner takes an interesting view of the case, finding the decision pragmatic because the storm of controversy the case unleashed resulted in a very democratic response. Posner is considered the leader of the pragmatic school of decision-making. "When the court declines to invalidate an unpopular government power, it tosses the issue back into the public arena." I find Judge Posner's take on this case a little troubling. Shall we call a "pragmatic" decision like Kelo a "Freak-out Decision" as in: "This will really cause everybody to freak out and will be good for the democratic process in the long run."

It is difficult to determine what is a public use, when the use in question is by a private party. The debate over government's right to take private property will go on for a long time. The decision in Kelo V. City of New London and its controversial view of just what is a public use had lit a fire under the issue.

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Can't Pay Taxes? Find Out How to Get Help!

April 15th is just around the corner and yet there's nothing to dig into your pocket, huh? Dealing with taxes can be truly stressful and financially draining. Regardless if you have money or not, taxes must still be paid on or before the deadline. But what if you can't pay due taxes on time? Don't panic. Contrary to the frightful adjectives you frequently associate with the IRS, the agency is still lenient to assist your financial incapability.

File Tax Return

Even if you don't have sufficient earnings to pay for taxes, you still need to send your tax return. There may still be penalties for paying late, but the amount is insignificant compared to the penalties incurred by filing late.

Find Monetary Resources

Be aware that failure to pay penalty will only escalate the amount that you must pay for due taxes. You will be charged 1 percent higher of your balance due per month and up to reaching the maximum of 25 percent penalty charged.

Consider other alternatives for producing the amount you owe Uncle Sam. If possible, try to borrow money from your family or friends. If not, try cash advancing from your employer or perhaps work overtime. The least thing you can do is sell something of value to raise the cash- if you must, then do it. In addition, it is not advisable to pay unpaid taxes by swiping out your credit card with higher interest. You'll only end up paying more on interest rates- but then again, if you can and you must then do it.

Bargain on Installment Plan

Like any other finance machinery, the government can bargain on installment plan rather than not to have the money at all. The government offers options to all taxpayers when paying of taxes on time is impossible. Negotiate with the IRS amicably and suggest an amount that you can pay monthly. Fill up the Form 9465, Installment Agreement Request, and attached it to your income tax return. Make sure that you get confirmation from the IRS for your request acknowledgement and approval.

Offer in Compromise (OIC)

If you still can't come up with the amount you owe the government, you have the final option offered by the IRS called Offer in Compromise. Do not expect OIC request to be a granted immediately for this can be extremely difficult process. Also you have to complete and submit the following forms to the IRS: Form 656, Offer in Compromise, and Form 433A, Collection Information Statement.

When you file for an OIC request, it may take 1 year on average before the IRS will approve your application. You'll have to provide a thorough financial statement to the IRS including all valuable properties, income, and the debts you owe.

Whether you are able to pay due taxes or not, it is very important to fill out all necessary forms accurately to avoid the IRS audit. Regardless if you pay on time, once the IRS suspects discrepancies on your account, the IRS agents are lawfully obliged to audit your finances. Remember, IRS audit can cause you so much inconvenience. The government can further file a lien on your property to ensure payment of taxes. By paying taxes honestly and responsibly, confrontation with the IRS can be avoided.

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Civil Court Orders To Show Cause

I am not a lawyer, I am a judgment and debt referral expert (Judgment and Collection Agency Broker). This article is my opinion, based on my experience in California, and laws vary in each state. If you need legal advice or a strategy to use, please contact a lawyer.

An Order to Show Cause (OSC) is a court procedure where one side requests that a court make a specific decision on their proposed order. OSCs are usually worded in an indirect way, for example "show why a judgment debtor should not have to show their paycheck stubs to the judgment creditor". Even if the judgment creditor simply wanted to know the debtor's employer, the captions on OSC orders are usually worded indirectly.

The indirect word pattern of "show why not" is directed to the other party. If they do not prove to the court why not, the requester's proposed order is usually granted. OSC proceedings are simpler and shorter than more substantial court hearings, as the scope of what is being considered is very narrow.

OSC paperwork sets, that must be served on the other side, must include all court papers, the court action requested, and the time, date, and the address of the court hearing. Sometimes an OSC hearing is for a request that one side stop an activity, pending the decision of another future court hearing.

OSCs must have at least one Affidavit in Support, and can also include documents that support the requested decision of the court. An Affidavit is a sworn statement or signature made before a court clerk or a notary public. The Affidavit explains to the court why your request should be granted. You can also include affidavits from other people, to help show the court the merits of your request.

All affidavits and court-submitted papers, must be served on all parties. The party served with your OSC request, can respond by preparing papers to document their opposition to your motion, with their affidavit, have them served on you, and show up at the hearing.

The court or your local law library, may have a template or example of an OSC affidavit, or you can make your own. In an Affidavit in Support, you should include:

1) Your name, capacity, and relationship to the case.

2) What you are requesting the court to decide.

3) The reason you are making the request.

4) The facts that support your request, and reference to any copies of attached documents relevant to your case.

5) Whether you have ever made this kind of request before.

After you have completed an Affidavit, do not sign it until you are at a notary public, or in front of a court clerk (who has verified that they can be a court-approved witness to your signature). After the Affidavit is signed and notarized, it should be attached to the OSC order with either paper clips or a staple, ask your court clerk.

Make sure you have several copies of all your paperwork because some courts require several copies, and a copy must be served on the other party. What happens next, depends on which court you are at.

Most of the time, the court clerk takes your submitted paperwork and has a judge sign it, then they put it on the court calendar. Sometimes you must wait days or longer for the judge's signature. Bring a self-addressed stamped envelope for the court.

After the judge has signed the OSC order, it must be served on the other party. Before you have it served, make a few copies, because the OSC with a judge's signature, is the one that counts.

If you want to oppose a proposed OSC order, you must submit opposition papers, and serve them on the other party. If you want the court to decide something not listed in the original OSC, that is called a cross-motion, and sometimes those are heard at the same date as the original OSC hearing.

Sometimes the judge will make their decision on the OSC hearing right away, other times the court will mail you their decision later. For this reason, always include a self-addressed stamped envelope with your court papers.

After the court's decision is entered by the clerk of the court, the winning party must serve a copy of the OSC order on the other party. OSC orders may be appealed, however you must have a meritorious reason and proof to win an appeal.

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Exact Levy Names Must Be Used

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is based on my experience in California. Laws vary in each state, and nothing in any of my articles should ever be considered legal advice.

This article is my opinion about naming issues on writs, levies, and garnishments. When requesting a sheriff to perform a till-tap (where they intercept cash flow for a short period of time) or a keeper (where they stay at a business and inventory its assets for possible sale by auction), or to seize property for sale at an auction, exact names are required.

Sometimes people sue businesses without indicating the correct entity name, and sometime entities change - Bob's Burgers might grow and become Bob Burger's Inc.

What if a debtor is a fictitiously named DBA (Doing Business As) business, and they are sued to create a judgment that did not specifically name any legal entity designation? In that case, you cannot change the debtor information on the writ without a motion and a judge's signature.

While "you may, not shall" request the legal entity designation to be listed on the writ post-judgment per CCP 116.560(b) and 116.630, the sheriff will not perform a levy action without a legal entity designation on the writ.

CCP 699.520 (c) changed on 2011 from previous years, and now states a writ must include: "the name and address of the judgment creditor and the last known address of the judgment debtor. If the judgment debtor is other than a natural person, the type of legal entity shall be stated". The sheriff will not enforce a levy unless the legal entity name and type are specifically listed on the writ.

Even if a judgment was issued in 2009, the new version of CCP 699.520 (c) now applies. You need at least an affidavit of identity signed by a judge to amend the name on a judgment. For example, to include Rip Off Auto Repair as an AKA (Also Known As) of Barry Clark.

Even if your judgment is against Bob's Burgers, you cannot simply put Bob's Burgers on a writ and levy paperwork. At least in California, your writ and paperwork must list the legal entity status and name. Examples would be Barry Clark DBA Bob's Burgers, Bob's Burger's LLC, or Bob's Burger's Inc.

The solution is an affidavit of identity. This changes the legal name on the judgment to match the judgment debtor's DBA - unless there is a reason the entity is not responsible for the judgment debt. For example, a corporate entity is separate, and one cannot add an INC or LLC to a judgment with a simple affidavit of identity.

It is possible to get an affidavit of identity approved by mail, as long as the debtor is served a copy of what you are proposing. If you mail an affidavit of identity to the court with a request for a writ, sometimes they overlook it, so include a short note alerting them of your affidavit of identity.

While an affidavit of identity can be done for each levy attempt, it is sometimes better to do it once, by itself, before any levy attempts. Doing this once will permanently change the name on the judgment, making it easy to get a writ with the correct legal entity name, to accomplish a levy.

If a DBA debtor creates a corporate entity with the same or a similar name, it creates a barrier to judgment enforcement. To overcome this barrier, one must start a new lawsuit to show proof of alter ego or business liability for the judgment. That is beyond the scope of this article.

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The Grounds To Vacate A Judgment

I am not a lawyer, I am a Judgment Broker. This article is about the grounds for relief of California default civil court judgments, and is not legal advice. Other states have similar laws.

California Code of Civil Procedure (CCP), sections 473(b), 476(d), and 473.5 specify the grounds (reasons) one can base a motion for a proposed relief of a default judgment. The permitted grounds for relief include:

1) Mistake (CCP 473-b): When a person understands the facts to be other than they are. A mistake of law occurs when a person knows the facts as they are, but has a mistaken belief as to the legal consequences of those facts. Ignorance of the law or negligence in researching the law, does not constitute excusable mistake, and therefore is not grounds for relief from a default judgment.

2) Surprise (CCP 473-b): When a party is placed in an injurious legal situation, through no fault or negligence of their own, that ordinary prudence would not have guarded against.

3) Inadvertence (CCP 473-b): A lack of attentiveness, inattention, or fault from negligence. However, mere inadvertence does not warrant relief unless, on consideration of all the evidence, the inadvertence is excusable. Forgetting about the case or mislaying the summons and complaint are not sufficient grounds for relief. Inadvertence is often combined with excusable neglect.

4) Excusable Neglect (CCP 473-b): To be excusable, the neglect must have been the act or omission, of a reasonably prudent person under the circumstances. Forgetting about the lawsuit, being too busy to respond properly, or being unable to afford an attorney, are not grounds for excusable neglect. Examples of excusable neglect include:

A: Illness that disables the party from responding or appearing in court.

B: Failure to respond because you relied on your attorney to do so.

C: Failure to appear at trial because you relied on misinformation provided by a court officer.

5) The party was not given "actual notice" in time to defend (CCP 473.5): If service of the summons did not result in "actual notice" to a party in time to defend their case, the default may be set aside. "Actual notice" means the party genuinely knew of the litigation. Lack of actual notice cannot be caused by the defendant's inexcusable neglect or avoidance of service.

6) Void judgments (CCP 473-d): The court may, on its own motion or the motion of either party, set aside any void judgment. A judgment may be void if the issuing court lacked subject matter jurisdiction over the action, and personal jurisdiction over the defendant, if the judgment or order granted relief that the court had no power to grant, or if the judgment was procured by a fraud on the court.

A common way default judgments are considered void, is if the judgment was obtained after improper or fraudulent service, resulting in a lack of personal jurisdiction over the defendant. There are many other ways a default judgment may become void. For more information, Google "California Forms of Pleading and Practice Volume 43, section 489.132".

There are different time limitations on when a motion to vacate can be filed:

A) Within 6 months after entry of the default judgment on grounds of mistake, inadvertence, surprise or excusable neglect, or had no actual notice in time to defend the original case.

B) Within 2 years of the default judgment if service did not result in actual notice in time to defend.

C) At any time after the judgment is granted, if the motion is made within a reasonable time after the discovery of the existence of the judgment. (This last one is a giant "loophole".)

If one wishes to try to set aside a default judgment, one (or their lawyer) needs to:

A) Prepare a notice of a motion to set aside the default and default judgment.

B) Prepare a supporting declaration or affidavit that states the facts showing that the default judgment was the result of one's mistake, inadvertence, surprise, or excusable neglect.

C) Prepare a memorandum of points and authorities.

D) Prepare a proposed responsive pleading (e.g., your answer or demurrer) to the original lawsuit, to show the court that you have a meritorious defense to the original case.

E) File and serve your notice of motion and other support papers, as well as your proposed responsive pleading.

To file papers at a court, one must follow all the court rules. Forms must be typed on pleading paper, which has numbers down the left side. Pleading paper can be generated using Microsoft Word.

See the California Rules of Court, Rule 2.100-2.119, for the required formats. To find out more, and get examples of forms and pleadings, Google the phrases below:

A) California Civil Procedure Before Trial Volume 2, Chapter 38.

B) California Civil Practice: Procedure Volume 4, Volume 29.

C) California Forms of Pleading and Practice Volume 43.

D) California Pretrial Civil Procedure Volume 3, Chapter 36.

E) California Points and Authorities Volume 7, Chapter 70.

The type of responsive pleading that one files, depends on how one decides to respond to the original case against them. Basic overviews of the different types of responsive pleadings are available at http://www.scscourt.org/self_help/civil/lawsuits/defendant.shtml#types

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How To Fill Out A Memorandum Of Costs

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in each state. Nothing in any of my articles should ever be considered legal advice. This article explains how to fill out a MC-12 California judicial council form to record judgment interest and costs.

How to fill out page 1 of a MC-12 form:

At the top of the form, put your name, address, and phone. If you are representing anyone as their attorney or are the assignee of record, make note of that here.

Then, fill out the court's name and address, e.g., Santa Clara County Superior Court, and their address. Then fill in the plaintiff and defendant names. Make sure to use the exact same names and spellings as are on the judgment itself. Next is the case number, which must match the judgment.

After that are the number and calculation fields:

A) Preparing and issuing an abstract of judgment. This is for what the court charged for an unrecorded abstract. If you bought abstracts for more than one county, you can multiply this amount. It is a good idea to print "3 Abstracts" here, if you claimed 3 abstracts. Pick a date when most of the abstracts were purchased.

B) Recording and indexing an abstract of judgment. Same as above, for what the county recorder charged to record those abstracts.

C) Filing notice of judgment lien on personal property. In real life, this means the $10 spent to get a state-wide UCC lien from the secretary of state.

D) Issuing writ of execution, to the extent not satisfied by CCP 685.050 (specify county). This is what the court charged for a writ of execution for a particular county. If you bought a writ for more than one county, you multiply this amount. It is a good idea to print "3 writs", if you claimed 3 writs. Make sure to specify which county(s). If you are claiming more than one county, type in the date when most of the writs were purchased.

E) Levying officer's fees, to the extent not satisfied by CCP 685.050 or wage garnishment. This is for the sheriff levy file fee, and for the costs of having a sheriff or a registered process server serve a levy on a judgment debtor's wages, savings, or assets. There is very little room here, so sum the total of what was spent on sheriffs and process servers, and pick a date when most of the money was spent.

F) Approved fees on an application for an appearance of a judgment debtor, or other approved costs starting around CCP 708.110. This is for the court's charge to schedule a hearing, and the costs to serve debtors or third parties that possess, or know about the debtor's assets. I am not a lawyer, however in my opinion, the cost of a court reporter should be allowable here.

G) Attorney fees, if allowed by CCP 685.040. Adding post-judgment attorney fees are not allowed here unless the judgment specifically awards attorneys fees. This usually means the underlying contract or agreement used, as the basis of the lawsuit that caused the judgment, specified that attorney fees were allowed for recovery of the debt.

H) Other: (Statute authorizing cost): This is the flexible area, for other reasonable, explainable, and legally authorized expenses. Court clerks usually allow reasonable-looking numbers, explanations, and cites here. The more money you claim here, and the more unusual the descriptions are, the more likely a debtor or their attorney will challenge them.

I) Total of the claims costs on this form. Add up the costs of all the items you claimed on this form.

Section 2: All previously allowed post-judgment costs: This is the total listed on any previous MC-12 filings. If this is the first MC-12, put 0.00.

Section 3: Total of current and previous post-judgment costs: The sum of all previous and newly-claimed costs go here.

Section 4: Acknowledgement of credit: This is where you report the total of any money the debtor paid you, or any money you got from a sheriff.

Section 5: Declaration of Accrued interest. This is where one affirms they calculated (using non-trivial math) or used software to determine the current amount of interest owed.

Section 6: I am the: judgment creditor, agent for the judgment creditor, or attorney for judgment creditor. If one is the Original Judgment Creditor (OJC), or the lawyer working for the OJC, the choice of which box to check is easy. If one is the assignee of record, what box should be checked? Not being a lawyer, I recommend checking the "I am the judgment creditor" box, as it seems to be the least-wrong choice.

Next, you sign and date the MC-12 form. If you are the assignee of record, type "assignee of record" next to your name.

The second page of a MC-12 has the Proof Of Service (POS). This page must always be at least partially filled out, and must be served on the judgment debtor if there are any claimed costs on the current MC-12.

How to fill out page 2 of a MC-12 form:

Check the Mail or Personal Service box.

Section 2: Put in your mailing address.

Section 3: Usually the MC-12 is mailed to the judgment debtor. If the debtor is going to be served personally, leave section 3-B blank. If the person signing the POS will be dropping the envelope off at a post office directly, check box A. If the person signing the POS will be dropping the envelope in a mailbox where mail is picked up daily, check box B.

To finish section 3, fill out the same debtor name and address as is written on the stamped envelope to them. Write down the date of mailing, and the city and state.

If the debtor was personally served, have the process server fill out section 3 B.

Finally, at the end of the MC-12, is the declaration area. The person serving should put the date personal service was made, or the date the envelope was mailed. Usually the date is the same as the first date that was put on this form. The person who served the debtor prints their name and signs the POS.

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Social Security Disability Application - Best Practices

The Social Security Disability Application - Where Do I Start?

Due to the delay so many applicants are currently faced with regarding their claims, it makes sense to file your Social Security Disability application as soon as possible. Most applicants have found that filing a claim online has proven to be the fastest method, but applying in person if you can get an appointment quickly is also effective. Although attorneys can not make an initial application for their clients, a qualified lawyer can handle every step of the appeal process if you are denied.

Which Program Do I Apply to? - SSD or SSI

When applying, you will first need to determine if you are eligible for Social Security Disability, SSD, or Supplemental Security Income, SSI. To be eligible for SSD, you need to have paid enough taxes into the system. The Social Security Administration has many resources available on the web site which you can use as a guide. If you do not meet these eligibility requirements, then you will need to apply for SSI.

Application Tips

Provide as much information as possible. You should list all of your disabilities, medical treatment history, including expected future treatment, as well all medications which you take. Additionally, you should explain how your disabilities and medication impact your work and every day life activities. You should pay particular attention to some symptoms that the Administration looks at when reviewing claims. Such symptoms include: pain, weakness, loss of movement, numbness, and fatigue. In addition, you should provide as much information form your medical providers. If possible, have them prepare a report which states your diagnosis and limitations with particularity.

Do I Need A Social Security Attorney?

Although you do not need an attorney to file an application, or for any part of the appeal process, it would definitely be to your benefit to seek the advice of one at any time during the process. Most attorney's will not charge for your initial consultation, and will only collect a fee if your claim is allowed. Additionally, their fess are capped at 25% of your back award, with a maximum fee of $6,000. One other thing to note, is that the applicant does not actually pay these fees. The attorney is paid directly by the Social Security Administration out of the applicants back award. For example, if your total back award was $20,000. You would receive $15,000 and the attorney would be paid $5,000.

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Entitlements - Besides the Looming Economic Crisis, What Is the Real Problem?

The Progressive Era that began in the 1880s launched some badly needed reforms, including prohibitions on child labor, breaking up monopolistic trusts, correcting labor injustices, and not to mention, women's suffrage. Political bosses and financial oligarchs used to create the reality of life, and the average citizen was left to the whims of The Man. But another dynamic of the progressive movement, one based on good intentions, was the notion that the government should take care of people and protect them from the problems of life. Government came to be seen, not just as an apparatus of enforcing objective laws, but as a machine for setting right all of the wrongs of life. What has happened in the nation, especially since the 1960s, has been a vast expansion of what is considered a right. The Constitution was written as a document that basically said what government couldn't do. It is now thought of as a font of individual rights that beg to be asserted. We cherish our civil rights and our property rights, but just what you have a right to has now come to be thought of as a piece of property.

Thus began the growth of the entitlement state, a state where the government would provide you with goods and services that you might have to do without if left to the uncertainties of living. This philosophy of government saw its real flowering during Franklin Roosevelt's New Deal in the 1930s. The idea that competition and free markets would provide for the greater good crashed head-on with the Great Depression. The belief took hold that capitalism somehow had failed. Books are still being written disputing that notion, and there are cogent arguments that the New Deal programs such as the Works Progress Administration and the alphabet soup of other federal programs actually exacerbated the depression. Unemployment was about the same in 1939 as it was in 1930. But the historical truth has been written: we are a nation increasingly in love with our government-provided goods and services, our entitlements.

The major entitlements in our country are Social Security, Medicare and Medicaid.

The problem with entitlements is contained in the very word itself, the idea that we are entitled to this or that governmental benefit, not that the benefits seem like a nice idea, but that - "It's mine; fork it over." The benefit has become a right. If you think otherwise, look to the headlines from Europe about violent riots against any government move to reduce state spending by scaling back on the sacred entitlements. In France 20-somethings torched cars and smashed windows because of the horrible specter of having to wait until they are 62 to retire, rather than 60. Poor dears. In Greece, where cheating on taxes is a national pastime, similar riots occurred over government moves to reduce benefits. Here in America we see students demonstrating against any increase tuition increase at state-run universities. As the nation still struggles from the aftermath of the Great Recession, discussions of public employee union give-backs or even future trimming is met with stanch resistance. Teachers unions rail against any discussion of lay-offs, but adamantly refuse to take a pay cut or even agree to a lower annual pension increase. "Don't lay off my colleagues, but if keeping them on the payroll means reducing my benefits, by all means do so."

This is the real problem with entitlements: they corrupt civic virtue, that commonly understood concept of shared responsibility and shared sacrifice. Civic virtue asks us to look beyond our parochial interests from time to time, and consider the wider good. Entitlements change us as people, away from the notion of the common good, to a people who want theirs, the common good be damned. Entitlements infantilize us. Try negotiating with a 5-year-old. The kid is hungry and wants to eat, NOW. You try to explain that the next rest stop is 50 miles away, and you will pull off then for lunch. Good luck. Now means now, and don't talk to me about this reality stuff. Compare this to a public employee union that wants both a raise and pension benefit increase in this contract, now, even though the revenues to pay for the raises have been slashed because of economic conditions.

It is now an open secret that lavish publicly funded pensions are based on ridiculous actuarial assumptions made years ago by politicians who are no longer in office. As New Jersey Governor Chris Christie so aptly put it: "The chickens have come home to roost." But don't talk about economic hard times and the inescapable reality that the fiscal status quo is impossible. Now means now. Only recently has it become possible for a politician to actually suggest that our economic future demands that we trim entitlement spending to conform to reality. The problem has always been, and still continues, that once an entitlement becomes a fact, people are loathe to let go. That's why they are called entitlements.

Entitlements are good for lawyers. When a benefit becomes an entitlement through law, withholding that entitlement means a violation of law, and the job of correcting that problem falls to lawyers - and bureaucrats. Everybody loves to blame lawyers, but the blame is misplaced. If a client walks into a lawyer's office and presents a set of facts that the lawyer determines to be a violation of, say, the Fair Labor Standards Act, it is the lawyer's job to seek to seek justice for the client. It's not just his job, it's his sworn responsibility. It is not the lawyer's job to say to the client that this particular entitlement is crazy and that it destroys jobs and will damage the economy. No. It is the lawyer's job to act on behalf of his client.

Entitlements put our moral sensibilities on automatic control.

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