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Several previous posts have been about the use and effectiveness of a letter of protection. To my surprise, letter of protection still remains the most searched term of this blog. I have wondered in previous posts how people could be aware of the term, yet not know what it was or how to get one.

In brief, a letter of protection is a document produced by an attorney to a billing group, usually a medical provider, promising the provider they will be paid from the proceeds of a settlement, and asking they hold the client's bill in credit until paid. The key factors are first, an attorney-client relationship, and second a willing billing agent.

To my knowledge, only an attorney can issue a letter of protection. The letter of protection is a contract. The contract places a lien on the settlement and the provider must be paid before the client can receive any money. Since nobody else is a party to the settlement negotiations or the contract between the attorney and the client, only the attorney has the power to issue such a letter. The letter of protection is a contract formed is between the billing agent and the attorney. If the attorney fails to pay the billing agent from the settlement, the billing agent can seek to collect from the client and the attorney. If you don't have an attorney, the billing agent will not accept a letter of protection, because there is no new contract created. You already owed for the bill, so a letter of protection is meaningless. Whether a billing agent will accept a letter of protection or not is up to them. As I've stated in previous posts, some providers such as hospitals typically will not accept a letter of protection.

I have seen situations where billing sources not related to the care of the injuries that are being negotiated want a letter of protection. Most reputable attorneys will not agree to issue a letter of protection for a bill unrelated to the case they are working. If an attorney issues a letter of protection for, say as car payment or some other unrelated bill, the attorney is making himself a quasi-creditor of the client, and the attorney is pre-spending a settlement they don't have yet. By issuing such letters the attorney risks promising so much of the settlement away that it will be impossible to close.

In proper practice, a letter of protection is only issued to medical providers who treated the client for the injuries that are the basis of the case. If you have been injured and have billing companies asking you to get them a letter of protection, you need a lawyer. Contact one, and see if your they are willing to take your case. If so, letters can be issued to save your credit rating, get the collectors off your phone, and let you get on with life.

Running a law office is about helping people, but it is also a business. Businesses have overhead and people's livelihood's to support. A law office, analyzed like a business, is much like any other business. The firm must bring in enough raw material, and produce enough product, to maintain profitability. For a law office, new cases are the raw material and settled cases, are the final product. Settling or closing cases is the easier of the two functions. Getting the cases signed is the hard part.

There are restrictions on what lawyers can do to advertise their product. the Texas State bar has rules regarding required content, and requires the ability to review all advertising material before it is published. Aside from this regulatory problem, there is the problem of what method is the best way to secure new cases. The methods available to a firm like mine fall in two broad categories, networking and advertising.

Networking involves getting word out to relatives, friends, former clients, and other people of the services you offer, why you should be considered as the first choice for the kind of law you practice, and the re-reminding them on a regular basis. The hope is that they will continue to spread the word to their contacts, and that you will establish a widespread net of people advocating your services. This kind of marketing is very cost effective. For the price of a few business cards, some lunches and time visiting with people, you stand a chance of getting a few cases. The downside of this kind of marketing is that it s passive marketing. It is a net, waiting for something to blunder into it. Networking carries little negative impact. If a friend refers your services to another friend, the attorney is not seen as a shark or scum. The attorney has the advantage of being recommended.

Advertising can be passive or active. Unfortunately, advertising can become quite expensive. Advertising also ha a tendency to create negative impressions. Television advertisements for attorneys have become a source of ridicule among the public. These television ads seem over the top, aggressive, and to promise a get rich from your misery scheme that offends people. This kind of advertising has the advantage of reaching a large number of potential clients, but the costs can be outrageous. Radio advertisements reach fewer potential clients, are less expensive, and somewhat less effective than television advertising. Yellow page advertising was the lest cost effective method of reaching potential clients twenty years ago, before the Internet existed. I imagine Yellow Page ads are now nearly defunct as a advertising tool. Internet advertising is comparatively cheap, but is like trying to shout to a friend across a major football stadium at kick-off.

The problem for attorney's is finding the mix of price, media, potential audience with a current need, and the tone of the message. To be effective, an attorney's advertisement needs to reach a person who needs the service at that time with an informative and persuasive message that compels the person to contact the lawyer immediately. I struggle often with trying to find new way to get the word out only firm and its services.

I have tried keyword advertising, but was dismayed at how many pay-per-click costs seemed to be going to my competitors looking to see who I was. I continue to think about ways to increase the marketing presence of my firm in a positive way. If you have thoughts or insight as to marketing that has been effective in your business, please let me know.

I admit it, I smoke. I'm not proud of it. I spent the first 40+ years of my life without smoking. Why I started is my own fault. I try to hide it from my kids, because I don't want to set a bad example. They know though, and they want me to quit. I know that I should quit, but I had no strong desire to.

Wednesday the price of a pack of cigarettes goes up by more than a dollar. I already have friends who, hit by economic hardship, had cut back or quit due to simple economics. My opinion of the tax is rather flat.

The tax is excused by a desire to reduce smoking. Smoking is a known health hazard, and current public sentiment is that there should be no smokers. I don't believe the tax is purely aimed at curbing smokers though. Hard core smokers have an addiction to their cigarettes (chemical and mental). Those making the tax know that a certain percentage of the smokers cannot, or will not, quit. Those smokers will be increasing tax revenues for the government. The government can't seriously hope to raise a tax, and find everyone quit. They might as well ban smoking instead at that point. The reality is, the taxing entities are going to profit and their excuse is a high horse.

Will smokers get much sympathy? No, and they know it. There aren't many who are proud to smoke. They know their habit is found noxious and dangerous by society and their loved ones. Powerless to stop the tax, they simply stare across a smoldering butt, off into space, considering if they can afford to keep smoking, or if this is their last pack.

I think the biggest effect of the tax will be one non-smoker's don't see. Among smokers, it is fairly common to grant a request by another smoker for a cigarette. Its a sort of good karma thing. If you help out a smoker in need, you are more likely to find a cigarette when you are out. With the price jumping this much, I think smokers who "bum" a cigarette will be less likely to get a free one. The loss of that common courtesy, that act of selfless kindness, is the greatest harm from this situation. There is little left in life where people will do an act of kindness for a stranger, and now there will be one less.

There may be a larger plan for us all, but for most of us we feel like victims of chance and chaos. Taking control of one's life is a battle against these factors. All of life is ruled by cause and effect. Actions and decisions by others reshape the world we live in, and much of that is beyond our control. The current economic situation in the United States is not something created by the average person. The choices of others have lead us all to the current state. Blaming them for their choices might be a natural reaction, but blame is no solution. The solution lies in what we chose and do about our circumstances.

When I say chance and chaos, I do not imply that fate or luck has any reality in life. Fate implies that your life's story is scripted by some being beyond yourself. Luck implies that there is some cosmic game and that you have factors that increase or decrease your chances at a successful outcome. What I mean by chance is that life is much like a grand scale multi-player chess match. Luck does not win a chess match. Wits and planning win a chess match.

The decisions and actions of others create situations that will come your way. Some are opportunities to gain a lead, others block plans you had previously made. What you do with these situations is entirely in your control. Deciding the right action is the hardest part. The next players can fall into the strategy you created, or equally as possible, obstruct your schemes to victory.

Life is not just controlled by the choices of the players. The board we play on is somewhat predictable, but it too is dynamic. The dynamics outside of predictability are the chaos factor. A classic example of this chaos is a lightning strike. Lighting is not unheard of, when lightning will likely occur can be predicted, but exactly where it will hit and what will happen slides away from predictability.

Wherever you are in life right now, if you want to achieve something, you must work with what is before you. You must be mindful that someone else's decisions (however far removed from you) can undo all that you seek to achieve. You must allow for chaos to upset your course. You must be ready to adapt, with your contingency plans in place.

When you are down, it is very hard to decide what to do about changing your circumstances. A negative mindset is your worst enemy, sucking away your energy and creativity. You may not be able to do completely away with the negative thoughts, but put them aside enough to chose a course of action. Restart your plans to your personal victory. Unlike a chess match, life is not a game and it does not end when one person achieves a victory. Life ends when we quit, or are taken out of the game. If you are reading this, you are by definition still in the game. You are alive and your destiny is yours to make. Do not rely upon chance alone, do not let hope be your only choice. Step back, look at the board, assess what you have and all the possible choices you could make. If all your previous plans are destroyed, make new plans. A path with evolve before your eyes, as long as you stay in the game.

I am not a finance guru. This post is not expected to make you money, save you money, or fix your situation. The current economy is hitting everyone in varying degrees. Where it definitely hits us all is emotionally as well as financially. The best suggestions I can give you are threefold.
First, cut your expenses and save what you have. There is no way to know how long things will stay slow. Now is not the time to be planning major financed purchases (unless you enjoy a significant financial comfort and can take advantage of a very low stock investment entry, buy up very cheap real estate, or capitalize on tax advantages in capital purchases). For most of us, now is a time to make the car last a little longer, to put off updating your wardrobe, and to hold off on acquiring more debt.
Second, protect your income. If you have a job, stay on your boss's good side. Put forth extras effort to shine in the eyes of your supervisors. Spruce up your resume, and keep an eye open on jobs that could become available should your company decide to downsize. If you have the ability, look for a second revenue stream to your house. A part-time job, or a very low overhead home-based business can pad your bank account should something happen to your main source of income.
Third, and likely the one most in your control, protect your emotional self. In times like this, either you, or someone close to you is suffering or worried. Worry, anxiety and stress kill more than just your mood. The stress can affect your health. The negative thoughts can block positive effort. If you are a person of faith, spend time in prayer or meditation to connect with your faith. Whether you are a person of faith or not, reconnect with friends and family. Not only are these people a support group for you, but they are a part of your network. Your network is a source of ideas, information, opportunities and sometimes help. Whatever you do, DO NOT hole up in your house and hope it all goes away.
Hiding from a problem is rarely the right thing to do. When life becomes a storm of trouble, you must be aware of what is going on, and what you can do about it, hiding in a hole only works when true danger is upon you, like a tornado. If you had been keeping your eyes and ears open, you might have seen or known of the tornado before it got to you. So, just because it is stressful, don't avoid it. Plan for it. That way, should the worst come your way, you have a plan.
If the "worst" has happened, don't give up. There are resources available to help you. Bankruptcy laws can fix debt issues and still protect a basic financial platform to start over from. Typically, a bankruptcy will protect your home and your ability to get to and from work. Social services are very stressed, but there are some resources available to help you in small ways for a short term. When things are bad, you have to tell yourself you can survive this. You have to be able to look at the "worst case" scenario and see that even if your worst nightmares come true, you can survive. Debt alone never killed anyone! The loss of a job is traumatic, but it is not truly the end of life. You life may not be what you had planned, but you will still have a life. When you feel stressed to the point of panic, stop and take a breath. Tell yourself you are in a panic, and need to regain some composure. Remind yourself that you are still breathing, that in this very moment you likely have access to water and some food. Remind yourself that your loved ones are not going in immediate danger. Tell yourself it is a problem, but that right this instant, nothing final is happening that ends all hope for the future (no matter how distant that future hope may be). Once you have calmed yourself, then se a plan for seeking help, advice and to tackle your problems.
To sum it up, in times like these, you must ration what resources you have to last you as long as possible, you must be open to possibilities that can make your situation better, and you must take care of your emotional self. If you do this, you WILL survive.