Ithaca Lawyer Where Do Rights Come From?

Kinda reminds me of little kids that like to ask, "daddy where do babies come from?"
Why, from your stomach of course. Kids are curious, I think people should be as well. A natural curiosity can yield a lot of fruit (knowledge) above and beyond any academic education.

I believe we live in a wonderful country. Warts and all it is still founded on some amazing ideas and principles.

The majority of people here are not from here. We are immigrants. Our families came here, seeking a new life, seeking freedom from oppression which brings me to today's thought,,,

Where do our rights come from? The fast answer is the constitution or maybe The laws of the United States or maybe The laws of the State of New York.

A careful reading of the Declaration of Independence, yes the one from 1776 yields the answer in all it's glory:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.-

So they come from our creator (G-d, whatever power you choose to believe in).

Inalienable is a great word. They mean Universal, Natural, & Not Conditioned Upon Governments, time, place, culture, customs, and traditions. That every person, man or woman, child or adult is born with these rights. Comes into the world with them. They are NOT granted by some ruling body.

Why Did We Need a Declaration of I Dependence?

Why Indeed? Because England had treated us like 2nd class citizens, like slaves, without any justice or compassion or respect for our natural born rights as human beings. It took alot for us to rebel against our Mother. To declare war against a super power.

What the Signers Risked

They risked everything (these men) when they had it all. They had massive land holdings, positions of authority, money, and local power. And if they only kept to the status quo, England promised them even more, but NO! they screamed. Because what they hungered for, what they willing to die for, what they most wanted was their being treated with dignity and respect. Money was not their end. Thank G-d they believed and lived something far bigger.

Why have a Constitution and a Bill of Rights?

The whole of our constitution is designed to LIMIT government and their AUTHORITY and Their POWER over us in our day to day affairs as a FREE people. Our Bill of Rights is more than a statement of what we have, it is a statement of what must not be INFRINGED upon or taken or forgotten or impeded by the powers that be (anyplace). NO state, no local government, no federal government or their officers shall trample these.

The Why of the Why?

The inalienable rights you and I have, we are born with them. They are present at all times and in all places on United States Soil. But they are not given by the government, they are to be protected by the government and a safeguard upon itself. And herein lies the distinction. This is why we have lawyers. This is why we need a system of checks and balances that is honored. This is what we fight for and we fight for everyone else to have. For better or worse many of us believe they (human rights) should be present on all soil but unfortunately not all countries recognize that concept and philosophy.

Lawrence Newman, D.C., J.D.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

ithacaInjuryLawyer.com

Don't Call Them "Side" Effects, Ithaca Lawyer Says, "Tell It Like It Is"

A recent trip to the Doctor reaffirmed a great many things. Modern medicine has made great leaps in recent years. They have embraced a culture and more importantly the philosophy of holism (holistic/conservative/non-invasive methods) as applied to medical treatment and care. But we are still a far way off.

DRUG SIDE EFFECTS

The Doctor was telling us that a certain medicine has "side" effects. Oh Doctor, you mean "bad" effects? You mean, things that people would not choose or desire voluntarily? Well the drug may cause you to gain weight, the drug may cause you to have suicidal thoughts, the drug may make you tired all the time, and the list goes on and on. They call it a trade off. Are the drug's benefits worth the detriments? Sometimes?

What most lay people don't know is that drugs merely increase or decrease normally occurring function. They don't create new functions. Your body attempts to naturally regulate and balance everything. Drugs can be a modern miracle, and sometimes they can be a modern nightmare.

SURGICAL SIDE EFFECTS

I wish that more Doctors would speak plainly, and not sugar coat the fact that drugs and treatment have two sides. Surgeries also have their share of "side" effects. Post surgery problems are called "complications." Did something simple just get complicated? Funny, but not if it's you.

FRACTURE SURGERIES

A common procedure used for fractures is the ORIF (Open Reduction Internal Fixation). It is used by Doctors to set (fixate and position) broken bones and tissues to allow healing. Called "Open" because the surgeon must open you up first for placement of the devices versus a closed surgery (going in through the skin) called per cutaneous (cutaneous = skin).

The Complications from the ORIF:

When Doctors use Pins, Wires, Screws, Plates, Rods, and Nails (I'm always thinking is this carpentry or surgery?) it opens up possibilities for the following:

1. Possibility of an infection setting in. Remember anytime we open up the body it becomes much more vulnerable to an infection. Post surgery we have open skin leading down into the bone. Bone has poor internal blood flow so risk of infection is even higher. Normal skin is loaded with the body's own natural bacteria but any of this bacteria is extremely dangerous should it make passage to the internal bone.

2. Possibility of Migration. These parts and pieces may move. The body may try and reject them as it would any outsider (foreign) invader. The objects may wind up disrupting natural movement and function. They may require a revision (a new surgery) to get them out.

3. Possibility of loss of fixation. They may not keep everything in a specific position. The bones may move apart. This may lead to a fracture that does not heal. This is called Non-Union of a fracture.

4. Possibility of breakage. All of these objects can break and/or bend. This can also lead to a Non-Union.

The other common surgery for bone fractures is the CRIF (Closed Reduction Internal Fixation).


The Complications from the CRIF:


Even though the Doctors DO NOT OPEN YOU (fully) UP to set, fixate, and position the pins, screws, rods, wires, etc. we still can have the same complications as the ORIF. They are still piercing the skin (it is still an invasive surgery).

• We still have outside (foreign) objects being placed within the body.
• We still have the creation of passage for bacteria.
• In some respects, we can be more at risk for infection because these devices may have to remain in position while the body heals. The objects are now both inside and outside the body simultaneously. Healing must occur with the screws or pins jutting out of the skin. Your wound sites need to be kept clean and monitored regularly.

KEY TAKEAWAY: Before making a decision to take a drug (especially long term) or have a procedure discuss everything (the good and the bad) with your health care providers. I call it the Open Eyes approach. In 2012 no one should hire a Doctor or Lawyer or any professional and be kept in the dark like a mushroom. By being fully informed you will feel empowered and confident in your decision. You should not be left wondering and wandering if it was the "right" choice. They are there to help YOU understand YOUR options as well as what you can and should expect post surgery.

Dr. Lawrence A. Newman
Doctor of Chiropractic
Attorney at Law

IthacaInjuryLawyer.com

504 North Aurora Street
Ithaca, NY 14850
607-229-5184

The Use or Abuse of Fear in Lawyering

Using fear as a tactic has always bothered me. It is such a base thing to leverage a person's psyche against them. There are experts at doing this, and then there are Jewish mothers. I know all too well the throwing of guilt and shame to influence children. The outright manipulation with passive-agressive behavior. "Don't you worry bout me Larry, I'll just sit here in the dark, cold and alone, and wait for you to call." It may take 20 or 30 years but hopefully you catch on. Remember we must give (or feed) into it or it (guilt or fear) subsides. I now say, go ahead and throw it (guilt) but I'm no longer a guilt catcher.

Using Fear

When I see and hear of attorneys (and other professionals) using the unknown to pressure people into making decisions it goes directly to the issues of fair play and common decency. It is in a word, "unnecessary" to play the fear card. Frightening people into submission, and then dominating them for your own gain is wrong.

Fear in Pushing (Selling) Criminal Defense Representation

Attorneys telling someone that a long period in jail is likely unless they hire them is dishonest. Yes, there are situations where short or long term jail sentences are a reality. But the ranges of punishments need to accurately assessed and explained. I call it "exposure," what is my client exposed to? How likely are the different outcomes, and under what circumstances?

Fear in Pushing (Selling) Surgery in Personal Injury Representation

In the area of personal injury law, pushing or persuading people into an unnecessary procedure or surgery to add case value (worth) is like selling body parts. How much is your health or the health of your organs really worth?  Would you sell a limb? Well, having an un-needed surgery may cost you in the long run.

Clients need to know the long term consequences of any and all decisions. That is what doctors refer to as "informed consent."

Have they been informed about complications? Have they been informed about the potential need for future "revisions" (more surgeries)? Have they been informed about "collateral" medical consequences? In spine fusions, the areas above and below (the fusion) are going to have to take up the slack so to speak of the non-functioning (fused) areas. This increased pressure on those joints will likely make those sections wear out faster, get arthritic (inflamed, irritated), and require care.

As a Chiropractor I advised my patients to try conservative options first unless surgery was immediately necessary. You can always go (or be) more invasive. You can always step up the intensity of the approach to a problem but often serious procedures have serious long term consequences.

"Every" Decision has Consequences

Good counsel will explain both sides of each and every event. Nothing is one sided. Look carefully.

Great counsel will reveal all benefits and detriments of available options. Be thorough.

Excellent counsel will help and assist the client to make the best decision for them (not for their case or anyone else).

Faith Based Decisions

And finally, Outstanding counsel will be proactive, and link their client's values, goals, and future hopes to a well thought out "faith" based decision. Fear is always shaky, uncertain, and disempowered. Replace fear with faith. But not blind faith but well reasoned, and with a plan set (and designed) in the clear light of day. For as the bible says, faith without works (proactivity) is dead.

Dr. Lawrence A. Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

Newman vs. Walmart, Calling Legal BS on One of the Nation's Largest Retailers

I got two of the same gift for X-mas this year. I did want Steve Jobs new book just not two of them. So my adventure began at Walmart to make a return yesterday. Pretty easy thing, the return of a book. Shouldn't be too complicated. Apparently, the Ithaca Walmart has posted a new sign by it's return department. Stuck up between it's "normal" return policy manifesto with tape.

-NO Book and magazine returns because it is in violation of copyright law.

Do they mean Title 17 United States Code?

http://www.copyright.gov/title17/

"The" 1976 FEDERAL COPYRIGHT LAW?

Now tell me it's your policy, don't tell me it's because of "the" Federal copyright law that you cannot return a book at Walmart. I call Bull Shit on that. Where in the copyright law does it mention the return of new books? Especially unread, unused, and unwritten in books? Is this something I missed in law school? Is this something my copyright law teacher (yeah I took copyright law as an elective) forgot to mention?

Maybe Walmart or their lawyers can explain their version of copyright "infringement" (violation) under Section 501 of the code?

I guess all the countries booksellers large and small are violating this law but book returns happen everyday and have for years. Maybe I missed some Supreme Court decision over the break?

NOTICE

Further, now I'm pissed, you can't sell an item, and then a week after Christmas no less change the policy of return. It's a little thing called NOTICE, look it up Walmart. I told the store manager this, and she told me do I expect every check out clerk to tell each and every customer about this policy. In a word, YES.

ALL SALES FINAL

If you have a ALL SALES FINAL POLICY on books (or anything) then you MUST tell them it is. Not to would be a violation of not only common law but common decency. When you buy an item of clothing that is discounted (and a FINAL SALE) that is what they do (and multiple times). It is on the "racks," it is usually on the "walls," AND it is at the "check out counter" in big letters. It is everywhere so you can't say you missed it. They even tell you specifically at check out "over and over," hey by the way YOU CAN'T BRING THIS BACK.

AGREEMENT/CONTRACT

So let's go over this:

When a store makes an item FINAL SALE NO RETURN (on something that normally can be returned) There are BIG SIGNS all over the store, then the clerks say it, the managers say it, and it is written on the receipt. Why? So you know before you buy it, AND it is then a part of your agreement with the Store. Your purchase, the sale (the contract) is now conditioned upon this term (final sale).

But Walmart had no signs (all book sales final) by their books, noone told me at any time before my purchase, this was not on their receipt, and further this was NOT a discounted item.

I thought it telling that the store employees were looking forward to my speaking with their manager. Well the store manager did give me my money back, I guess she violated federal law now. Better call the Federal Prosecutors, and the copyright office. This is the last book I buy at Walmart or any of it's affiliates. The whole thing leaves a bad taste in my mouth for them, and their business practices or lack thereof.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184
newman.lawrence@gmail.com

Legally Never Place The Cart Before the Horse or Why Patience is a Virtue?

I deal with people. People are impatient as a general rule. They want everything to be done at once. Simultaneously they want everything rectified, fixed, certified, and finalized. The problem is life, the courts, and the NYS DMV don't work that way.

There is an order, often a procedure or procedures, and a process. What might of happened in a brief moment may take months to correct. A simple violation compounded by time, and perhaps further infractions (offenses) may take a bit of effort to unravel.

Compounding this, People's memories are at times "selective," and they have chosen (consciously or unconsciously) to forget about some past mistakes. Whether in the form of unpaid fines, unanswered mail, or unattended hearings... All these "uns" can add up and believe me when I tell you that the DMV clerks, the Court clerks, and the state of New York is not going to forget about you.

So each and every legal problem or issue goes through a process. Step by step we must first:

#1 What the issues are? 

What is outstanding? What is needed? Who wants something? What do they want or require? This requires investigation and discovery (uncovering your past perhaps).

#2 What are the options? 

There may be choices. There may be different ways to accomplish the same result.

#3 How fast or soon or quickly can I have a resolution? 

Closure has great value and fast closure is priceless. I recognize this. Sometimes cheap is dear. Paying the least expensive lawyer may get the job done BUT When? I know lawyers with hundreds of open files. Do you want to join their list? Be my guest. I have taken over cases/situations that had lingered for years (like open sores). Brag that you found a lawyer for $99, and then watch what happens, nothing! At those fees your case may be out sourced to India or China, only kidding but you get my point.

Lawrence Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
newman.lawrence@gmail.com

IthacaDwi.com

What Does a Lawyer Mean When They Say They Are "Challenging" the Evidence?

I recently sent a client an email letting them know that I was challenging the evidence in their DWI case. I had filed motions challenging the stop, the arrest, the police testing, their obtaining of statements, etc. They quickly replied, "what did I mean I was "challenging" the evidence?"

Simply put, Challenge = Confrontation. Confronting the government and their employees (the police, the district attorney) is often a part of what lawyers do. Confrontation arrives in TWO Major forms:

FORM #1

Filing Motions stating that the police procedures or methods followed were UN-constitutional. In other words in violation of your rights. Your right to be FREE from unreasonable invasions of your privacy, FREE from unreasonable searches, FREE from unreasonable seizures, FREE from using statements against you without first giving you Miranda warnings. These rights are all within the federal constitution, and have been adapted (interpreted to varying degrees) by the states.

Filing Motions stating that the District Attorney is acting against the laws of the state of New York and the Constitution. Maybe they are not providing discovery (police reports, evidence against you, breath test documents), maybe they are taking too long in their prosecution, or maybe they are violating a specific rule of law.

FORM #2

Requesting hearings to confront witnesses and evidence in the case. Hearings to contest (confront) the officer, deputy, or trooper who STOPPED the car without cause or reason. Hearings to contest an unlawful arrest. One made without probable cause. Hearings to see if certain evidence will come in (be able to be used) in the case against you. If evidence is obtained in violation of your rights it may not be used. ie. a breath test done with expired chemicals is disallowed and invalid. Hearings in NYS may have names based upon prior cases, like a Dunaway Hearing, Wade Hearing, etc.

BUT BUT BUT without challenge, without a motion, without a hearing, without someone saying and stating HOLD ON A MINUTE THERE! It (evidence) will come in and will be used against YOU.

In New York State criminal cases all motions, including requests for hearings, etc. must be all filed together in one large OMNIBUS MOTION within 45 days of the initial appearance/arraignment. There are other motions (like motions in limine) that can be filed but this is the biggie.

KEY TAKE-AWAY:   Remember if You DO NOT exercise your rights (and fairly quickly) you will lose your rights.

Kinda like muscles, without use and daily exercise, they shrivel, shrink, get weak, and small. Your rights function much the same way.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184
newman.lawrence@gmail.com

IthacaDWI.com

New Year's Day at Ithaca Starbucks and Patterns

Ithaca has two Starbucks, one up by Cornell University in Collegetown, and one in the basin (what we like to call by the Commons) at Tioga Street and Seneca Street (in the Hilton Hotel). I guess you could stretch, and say that there is a third Starbucks location "in" the Barnes & Noble on Route 13 but in my mind they are not a "real" Starbucks. Kinda like the airport Starbucks, their coffee seems watered down or maybe they are serving Pike Place (I don't like Pike).

My wife and I have a Sunday morning routine (older people have these routines). We take a walk up the hill and then down, get some fresh air (cold in the winter), and then relax with some coffee at Starbucks.
This morning I viewed the change of the numbers up at IC (Ithaca College) to 2012, unfortunately I can't make it past 10:00pm to see them change in the night.

Ithaca College Towers with "1 2"

Ithaca is a small place, and not a day goes by that I don't run into people I know. One of the local pastors is David Grimm. He is usually preparing (or honing) his sermon at Starbucks on Sunday. This Sunday was no exception. His church is only blocks from my office at Buffalo and Aurora. Pastor Grimm has a way of disarming you with his gentle smile. He puts alot of work and thought into his Sunday church service. Laptop in hand every Sunday, focused on task. Today it's on Fracking. A hot Ithaca topic.

 Pastor David Grimm

http://unitarian.ithaca.ny.us/

This is from the Church website. There seven tenets/principles. Not much to argue with here although if you give me some time I can probably come up with some challenges.

Unitarian Universalist Principles

There are seven principles which Unitarian Universalist congregations affirm and promote:

• The inherent worth and dignity of every person;
• Justice, equity and compassion in human relations;
• Acceptance of one another and encouragement to spiritual growth in our congregations;
• A free and responsible search for truth and meaning;
• The right of conscience and the use of the democratic process within our congregations and in society at large;
• The goal of world community with peace, liberty, and justice for all;
• Respect for the interdependent web of all existence of which we are a part.

THE MAGIC OF NUMBERS

I love the magic of numbers, and the number Seven is no exception, maybe there is a reason it's used by so many, including the Unitarian Church:

the seven seas

the seven ages of man

phone numbers

seven deadly sins

seven continents

ph of 7 (balanced) for pure water

seven days in a week

musical scale of seven notes

most space missions have seven astronauts

7 up

7 eleven

RX-7

Jack Daniel's No. 7

Seagram's 7 Crown

007

Boeing 707

747

seven colors in a rainbow, ROYGBIV

Popular, lucky, or just a great power number.

THE POWER OF PATTERNS

Just like numbers have power I believe that there is also a power of patterns.

Any legal case must be broken down, evaluated, and investigated into it's parts. Like a good story with a beginning, middle, and an end. Every case has a rhythm and a pattern (s).

A trucking or car accident case (personal injury case) will likely have 3 main parts:
1. potential pre-existing injuries and/or medical conditions,
2. current/existing injuries,
3. the predictable future of those injuries.

These follow the body's pattern of inflammation and then repair.

The accident itself will have three parts:
1. pre-accident behavior (drinking, smoking, texting, lack of sleep or rest),
2. accident behavior (negligent/distracted driving, failure to inspect, repair, or maintain),
3. post-accident behavior/evidence (statements, black boxes, vehicle damage, positions, equipment defects, etc.).

In any case we look for consistency or an inconsistency.
Are there things that do not match or add up?
Do things that normally are together wind up apart?

I remember a legal seminar on insurance fraud that still sticks in my head where they started to use computers to evaluate medical bills. They went though this doctor's database of patients and billing. the spreadsheets revealed some ridiculous patterns.

Why did everyone in the car accident (age 8 to age 60) receive the same treatment?
Why did they all have the same or similar diagnosis?
Why did they all have the same date of release?

This made no sense in the real world of variables. Yes they were all in the same accident, but would a six year old need the exact same therapy as a sixty year old? Fraud at it's finest.

I look for patterns in police reports. Why do some police officers write the same or similar things?Are these reports "canned"? Are they using "Skeleton frames" over and over to bolster probable cause?

Some people are looking for the right Answers. I believe that it is far more important to first ask the RIGHT QUESTIONS. They may be a pattern or two that needs exploring.

Lawrence Newman, J.D., D.C.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
IthacaInjuryLawyer.com