September 2, 2016 nº 1,786 - Vol. 13
"If some people didn't tell you, you'd never know they'd been away on a vacation."
Kin Hubbard
In today's Law Firm Marketing, 6 magic words that overcome a competitor's low price
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Dilma Rousseff appeals impeachment
Dilma Rousseff has filed an appeal at the Supreme Court against the Senate's decision to dismiss her after an impeachment trial. More than two-thirds of the Senate voted on Wednesday to remove Rousseff from office for illegally manipulating the budget two years ago. Hours after the vote her vice-president, Michel Temer, was sworn in. She said the impeachment proceedings amounted to a coup d'etat. The dismissal of Rousseff has caused a rift between Brazil and three left-wing South American governments that criticized the move later on Wednesday. Brazil and Venezuela recalled each other's ambassadors. Brazilian envoys to Bolivia and Ecuador have also been ordered home. Rousseff lost the impeachment battle but won a separate Senate vote that had sought to ban her from public office for eight years. The proceedings against her in the Senate were flawed, said her lawyer, Jose Eduardo Cardozo. He requested "the immediate suspension of the effects of the Senate decision" and a new vote at the Senate. But analysts say Rousseff's appeal has very little chance of succeeding.
US court voids multi-million judgment against Palestine for lack of jurisdiction
The US Court of Appeals for the Second Circuit voided a $ 655 million judgment against Palestine Liberation Organization and the Palestinian Authority Wednesday, citing a lack of jurisdiction. The case concerned 11 US families who claimed that the defendants used terrorists to kill their family members in Israel. While the lower court concluded, following a seven-week trial, that the defendants "acting through their employees, perpetrated the attacks and ... knowingly provided material support to organizations designated by the United States State Department as foreign terrorist organizations," the court of appeals found no basis for personal or specific jurisdiction allowing them to uphold the ruling. The court held that: "The federal courts cannot exercise jurisdiction in a civil case beyond the limits prescribed by the due process clause of the Constitution, no matter how horrendous the underlying attacks or morally compelling the plaintiffs' claims. The district court could not constitutionally exercise either general or specific personal jurisdiction over the defendants in this case. Accordingly, this case must be dismissed."
Presidential advisory council questions validity of forensics in criminal trials
Much of the forensic analysis used in criminal trials isn't scientifically valid, according to a draft report by the President's Council of Advisors on Science and Technology. The report questions about the use of bite-mark, hair, footwear, firearm and tool-mark analysis routinely used as evidence in thousands of trials annually in state and federal courts. "It has become increasingly clear in recent years that lack of rigor in the assessment of the scientific validity of forensic evidence is not just a hypothetical problem but a real and significant weakness in the judicial system," said the draft review by the advisory council of scientists and engineers. It is expected to be made final in September. Some in law enforcement said the report will affect trials in state and federal courts.
1- Australian Judge rules child will not be treated for cancer - click here.
2 - Federal appeals court upholds ban on gun sales to medical marijuana card holders - click here.
3 - Germany goes to EU with accusation of Fiat emissions cheating - click here.
4 - Amazon and McDonald's face EU tax audit similar to Apple's - click here.
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Hangzhou G20: China's ambitions for global leadership
China mobilizes for a big event like nowhere else. Hangzhou on the eve of the G20 is a certain kind of awesome. A city rebuilt. Filled with brand new security kit and locked down manhole covers, it has been emptied of a third of its population. The switch was flicked to off in factories for hundreds of miles around, the pollution haze dispersed and the sky turned 'G20 blue'. This weekend's G20 is a demonstration that the one party state decides on a goal, it can call the country to attention and command its people to get behind it. The G20 really matters to China. Since the first such summit in Washington in late 2008, these occasions have mostly been forgettable. But that year was a watershed for the Chinese economic leadership. With the global financial crisis, Beijing stopped believing there was something immutable and dependable about the way the western powers had wired the global economy.
Who owns a firm on a global shopping spree?
A Chinese corporate powerhouse is turning heads on Wall Street with a global takeover binge. Yet the area is home to a tiny group of just such people — small-time merchants and villagers who happen to control multibillion-dollar stakes in the Anbang Insurance Group, which owns the Waldorf Astoria in New York and a portfolio of global names and properties. American regulators are now asking who these shareholders are — and whether they are holding their stakes on behalf of others. The questions add to the mystery surrounding a company that seemed to come out of nowhere, surprising deal makers with offers to pay more than $30 billion for assets around the world. Anbang’s shopping spree is part of an outflow of money from China that has reshaped global markets but has often been shrouded in secrecy, sometimes by prominent Chinese looking to shift their wealth abroad without attracting attention at home. That poses a problem for international regulators trying to identify the buyers behind major acquisitions and to assess the riskiness of these deals.
6 magic words that overcome a competitor's low price
By Trey Ryder
You tell your prospect that you bill at $350 per hour. Your prospect responds by saying, "But another lawyer I interviewed charges only $175 per hour." Now, what should you say?
One powerful way to respond to your prospect's comment is to get out a piece of paper and divide the sheet into two vertical columns. Put your name at the top of one column and the other lawyer's name over the second.
In the first column, write down all the specific services, tasks and documents you include in your fee. (If you've followed my suggestions in past issues, you'll already have a detailed written list of services and fees in your desk drawer for just this occasion.)
In the second column, write down all the specific services, tasks and documents your competitor includes in his fee. In all likelihood, you won't know everything your competitor includes -- and neither will your prospect. So, the certainty of knowing exactly what you provide -- and the uncertainty of not knowing what your competitor provides -- allow your prospect to see clearly on paper "what he gets for his money" when he hires you.
But -- what do you do if your prospect raises the issue at your seminar? Or at a luncheon meeting? Or during a phone consultation? In these examples, taking out a sheet of paper for your two-column demonstration isn't practical.
So here's what you do instead. When you speak about your own fees, speak with confidence and be specific. A specific, confident answer builds credibility. Explain to your prospect exactly what you offer, clearly and carefully. Make sure you don't overwhelm your prospect with different numbers, which you could easily do because your prospect doesn't have this information on paper.
When you refer to a competitor, emphasize that you don't know (or can't be sure) what the other lawyer offers. An uncertain answer emphasizes doubt, arouses suspicion and increases skepticism.
And, since the other lawyer charges less than you do, it's easy and logical for you and your prospect to conclude that the other lawyer provides less. That could mean fewer services, fewer documents, or both. Then casually, with a question in your voice, add these six magic words:
"I wonder what he's leaving out."
In two seconds, you shot a big hole in your competitor's bucket. And now any credibility that he might have had with this prospect is fast spilling out all over the ground. With those six words, you logically and reasonably emphasized doubt, aroused suspicion, and increased skepticism. And it's legitimate because neither you nor your prospect knows what the other lawyer's fee includes.
If your prospect does know what the other lawyer includes in his fee, then you must go over that list with your prospect point by point. You must compare the other lawyer's list with yours, identifying how your services provide the prospect with precisely what he needs -- and how the other lawyer's services increase your prospect's risk.
Most lawyers do a poor job of creating a vivid picture of what their prospect receives when he hires the lawyer's services. Lawyers often assume, "My client gets me and everything I do for him." (That's about as vague as you can get!)
Prospects want a clear picture of what they get when they write you a check The more specific you are about your services, the more credible and trustworthy you appear to prospects. On the other hand, the more uncertain you are about your competitor's services, the more you arouse suspicion and distrust.
Memorize this short sentence -- because rarely will you find words that work as well as, "I wonder what he's leaving out."
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© Trey Ryder
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Suspensión
La automotriz francesa Renault confirmó en las últimas horas que desde el próximo mes de octubre "se reorganizará el proceso productivo en un solo turno" en su planta de barrio Santa Isabel de Córdoba. El ajuste abarca a unos 400 trabajadores que serán suspendidos. (Presione aquí)
Odebrecht
La brasileña Odebrecht pierde batalla legal en Suiza y la Corte de Apelación del Tribunal Penal desestimó el recurso interpuesto por los abogados de la empreza para tratar de obstaculizar el avance de las investigaciones del Ministerio Público de Brasil. (Presione aquí)
Twitter
Jimmy Morales apresentó interés por críticos en redes sociales y se reunió con algunos de los usuarios que generan más tendencias en Twitter. La "invitación" a un diálogo con el presidente causo malestar entre los tuiteros, pues había una condición: no se podía dar a conocer dicha reunión, la cual era a puerta cerrada, y sobre los criterios de selección de los asistentes se podía dar a conocer hasta que todos estuvieran juntos. (Presione aquí)
New York top court expands definition of 'parent'
The New York Court of Appeals ruled Tuesday that the definition of "parent" under a section of the state's Domestic Relations Law should be expanded, in a decision that will serve to better accommodate same-sex couples. Because the previous legal definition of a parent "has become unworkable when applied to increasingly varied familial relationships," the court determined that a non-biological, non-adoptive partner has standing to seek custody and visitation rights where the partner "shows by clear and convincing evidence that the parties agreed to conceive a child and raise the child together." The final decision as to whether those rights will be granted rests in the discretion of the court, which must determine the best interests of the child to make the determination. Because the couple in this particular case entered into a pre-conception agreement with one another and the biological parents to raise the child as co-parents, the court did not decide if a couple without such an agreement would fulfill this new legal standard and could establish standing. (Click here)
Hanjin ships, cargo and sailors stranded at sea
With South Korea's biggest shipping company filing for bankruptcy protection, the vessels, sailors and cargo of Hanjin Shipping are stuck in limbo, stranded at sea. Ports, fearing they will not get paid, refuse to let them dock or unload. That means the ships are forced to wait for Hanjin, its creditors or partners to find a solution. It's a case of unprecedented scale, with experts expecting the deadlock to last for weeks, if not months.
Purge of Turkish court officials widens
A further 543 judges and prosecutors have been sacked in Turkey, bringing the number of dismissals since July's failed coup to at least 3,288. The new dismissals were reported as President Recep Tayyip Erdogan celebrated the start of the new judicial year in Ankara. He told an audience the purge would "enhance" the judiciary's independence. Meanwhile Turkey's prime minister appeared to accuse EU states of backing the coup as he received a delegation.
Venezuela: Hundreds of thousands take part in rival marches
Media captionThe Caracas rally was peaceful but ended with minor clashes. Hundreds of thousands of people have marched through the Venezuelan capital, Caracas, in rival demonstrations. Opposition supporters, staging their largest rally for two years, called for President Nicolas Maduro's removal. They blame him for Venezuela's economic crisis and accuse the electoral commission of delaying a referendum that could shorten his stay in power. Maduro, whose supporters also rallied in huge numbers, accused the opposition of trying to stage a coup.
Donald Trump: Mexico will pay for wall, '100%'
US Republican presidential candidate Donald Trump has insisted Mexico will pay for a border wall "100%", in a major immigration speech. He told a cheering crowd in Arizona that he would secure the border, and left open the possibility that millions of illegal immigrants be deported. Hours earlier, he met Mexican President Enrique Pena Nieto but said they had not discussed financing the wall. The president later insisted he had told Trump Mexico would not pay. There had been speculation that the Republican candidate would back off his plan to deport the estimated 11m undocumented immigrants living in the US.
Apple tax ruling 'maddening'
Apple chief executive Tim Cook says the European Commission ruling that Apple should pay billions of euros in back taxes to the Republic of Ireland is "maddening" and "political", as it has no basis in fact or in law. He said that Apple had not been given preferential tax breaks in Ireland. The EU ruling said Apple had been given €13bn of "illegal" tax benefits. Cook said he was "very confident" the ruling would be overturned on appeal. (Click here)
Germany activists file largest public suit against EU-Canada trade agreement
Three German organizations, Campact, foodwatch and Mehr Demokratie submitted a complaint against the Comprehensive Economic and Trade Agrement (CETA) Wednesday to the Federal Constitutional Court. With more than 125,000 signatures, the activists claim the complaint to be the largest public suit in the nation's history. CETA is designed to eliminate tariffs and foster investments. In a press release, foodwatch stated that the trade agreement, between the EU and Canada, violates Basic Law in four different respects. The complaint alleges that the agreement would create omnipotent committees and discriminatory investment courts, while bypassing due diligence and implementing provisional action without the consent of voters.
Australia suing Volkswagen for misleading customers
The Australian Competition and Consumer Commission (ACCC) sued Volkswagen AG (VW) and its local subsidiary on Thursday for misleading customers. The suit alleges that VW engaged in misleading or deceptive conduct, made false or misleading representations and engaged in conduct liable to mislead the public in relation to diesel vehicle emission claims.
Arizona to vote on legalizing recreational marijuana following court decision
The Arizona Supreme Court on Wednesday rejected the final challenge to a voter initiated act to legalize recreational marijuana in the state. The challenge came from a group called the Arizonans for Responsible Drug Policy and was dismissed in a lower court after the judge found that the group did not have a right to sue. The Regulate Marijuana Like Alcohol group gathered 258,000 signatures in support of the initiative, and the Supreme Court judge agreed that the measure could be included on the Arizona ballot.
Obama grants clemency to 111 non-violent prisoners
Obama on Tuesday granted clemency to 111 non-violent criminal offenders, including 35 federal offenders serving life sentences. These new grants of clemency bring Obama's total to 673, including 325 in the month of August alone. Mostly drug offenders, the commuted sentences are part of Obama's ongoing effort to reduce the size of the nation's prison population.
A plea for plain English in financial documents
Stop writing solely for lawyers and professional investors and start writing so that anyone with an interest will understand.
Puerto Rico's fiscal affairs will be overseen by 7 experts in finance and law
Four Republicans and three Democrats — including four Puerto Ricans — will serve on the board to help the island restructure its $72 billion debt.
Months after 'Brexit' vote, Britain's push to leave E.U. is a muddle
Between turf wars and competing interests, the government is having trouble devising a coherent plan for ending four decades of integration with Europe.
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