I received a Pesticide Application Notice, 7/16/07, informing me Highlands Soil & Fumigation was going to apply Curfew to the Gold Course. The notice addressed Florida Statutes 482.2267 and the pesticide would be applied 7/16/07 and 7/17/07. The notice was to be presented to me 24 hours prior to being applied. The only notification the residents had the opportunity to find out about CURFEW was on Mariner Sands (MS)TV bulletin station. I found it to be appalling, pathetic, and noninformative to say the least. Not one of approximately ten individuals I questioned saw the notice. Furthermore, when I questioned them if they knew what CURFEW was and the dangers of pesticides, no one had an inkling what I was talking about. I have my site address on cards which I gave them. Hopefully they will spread the word to other residents. This is what the residents and myself should have received for CURFEW: Please click http://www.cdms.net/ldat/ld69L011.pdf
If I was warned fourteen years ago about my health deteriorating as it has from pesticides, I would never have set foot in MS. There are approximately one hundred individuals on the "Sensitivity List" in the entire state of Florida. Three are from Martin County and I am one of those three! I question...WHY SO FEW??? Cover-up???
Let me give you a factual example of the total lack of knowledge our residents have concerning pesticides: In the April 2007 issue of the Mariner Sands Compass, MS's "Play for Pink Committee" sponsored a tournament or the fight against Breast Cancer. My original homebase was Nassau County, Long Island. Suffolk county borders on Nassau County. Now read this girls. Don't you feel the slightest bit hypocritical and nervous? I believe I have the right to fight for you gals since my mother had both breasts removed. She, of course, lived on Long Island. If you review my sight you will come across men's issues attributed to pesticides.
Counties Begin Maintaining Greens the Organic Way
By DONNA KUTT NAHAS
Published: July 25, 1999
FOR nearly a half-century, a steady diet of chemical fertilizers, pesticides, fungicides and herbicides have helped keep Long Island's golf courses looking lush. But pressure from environmental groups and suspicions that the chemicals may be a factor in the Island's high breast cancer rate has led to a restriction in the use of chemicals at some municipal golf courses. And now, both counties are building or planning organic public courses.
Golf courses are under Florida's 487 statute, and MS served me a notice of pesticide/fungicide application under the 482.2267 statute because I am listed on Florida's "Sensitivity List", I believe MS "opened the door" in order for me to be alerted 24 hours in advance of every pesticide/fungicide application on the golf course(s).
I suggest those who have taken the time to review my site, please take stock in what I am saying. My site, which I update daily, or as often as possible, when new information becomes available is very popular with John Q Public on a national and international scale.
I speak to residents of MS and others daily about the pesticide problem and the dangers involved with DRIFT coming off the golf courses and surrounding areas bombarding their homes, harming them, their children, granchildren, and pets. I belong to environmental organizations nationally. Some are posted on my site.
The below may be interesting to the Real Estate arm of MS. I'm aware 90 plus homes are up for sale in MS. I send my site to Real Estate firms as well as golfing fund raising events, not to preclude other golfing communities, especially the lung organizations who are raising funds via golfing events for breast cancer and other respiratory problems . Possibly, some of those who are selling their homes and leaving Florida have taken heed to what they saw on my site, or heard about the pesticide problem from others who are spreading the word. Please click: Breast Cancer Action (Silence Is the Sound of Money Talking) http://www.voai.org/breastcanceraction.htm
"All information relating to the negotiations, property and parties involved in a real estate transaction should be disclosed to the principal, unless it is inconsequential. Written disclosure is best because it provides documentary evidence of disclosure. Brokers should create and retain records of significant verbal disclosures. Complete files of transactions should be kept for at least four years after a transaction has been closed.Wilson (rwilson@wcglaw.net) is a board certified commercial real estate attorney with Wilson, Cribbs & Goren of Houston.
The false hope that imperfections in your home won’t be detected is a terrible assumption. Home inspections will discover problems relating to health, safety, and even environmental concerns and is part of most sales contracts. The most recent trend is that many contracts to purchase ask for a seller’s disclosure statement even though this is not currently required by Florida law. In many cases, these issues have been or can be factored into the home's listing price." Hopefully some empathetic and ethical legislator will submit a bill making it law to notify what is in red above.
Here are some : LEGAL TERMS Do any fit? I believe they do. Possibly Probable Cause . See below.
There are various types or degrees of manslaughter recognized by federal and state statutes. Essential distinction between crimes of manslaughter, second degree, and criminally negligent homicide is mental state of defendant at time crime was committed; in former, actor perceives risk but consciously disregards it, while in the latter, he negligently fails to perceive risk.
If a person was aware of risk but caused death of another person in disregard of it, he would be guilty of manslaughter in the second degree, not criminally negligent homicide.
Manslaughter in the first degree is “voluntary manslaughter” while criminally negligent homicide is “involuntary manslaughter.” In re Wells’ Will, 1973, 76 Misc.2d458, 350 N.Y.S.2d 114. (Penal Law; Art. 125; page 504; N.Y.S.)
Manslaughter is as follows:
Manslaughter is the unjustifiable, inexcusable and intentional killing of a human being without delibertation, premeditation, and malice. State v. Bannister, MO.App., 512 S.W. 2d 843, 845. The unlawful killing of a human without any delibertation, which may be involuntary, in the commission of a lawful act without due caution and circumspection. Wallace v. U.S., 162 U.S. 466, 16 S. Ct. 859, 40 L. Ed. 1039. (Blacks Law Dictionary, 6th Addition, page 964)
Involuntary Manslaughter is as follows:
Involuntary manslaughter is the unintentional killing of a human being that results from a failing to perform a legal duty under circumstances amounting to criminal negligence.
Involuntary Manslaughter: Such exists where a person is committing an unlawful act not felonious or tending to great bodily harm, or in committing a lawful act without proper caution or requisite skill, unguardedly or undersignedly kills another. Model Penal Code, 210.3(1)(a); 18 U.S.C.A. 1112. (Blacks Law Dictionary, 6th Addition, page 964)
Criminal negligence is conduct that shows a reckless disregard for human life or safety and a willful indifference to the injury that is likely to follow. Add conspiracy to coverup the crime by two or more individuals and federal civil rights charges can be applied. For the federal law to apply, there must be proof that two or more people were conspiring to deprive an individual of civil rights. To go a step further, if death results, conviction can result in a term of up to life imprisonment and tens of thousands of dollars in fines. Probable cause is all that is needed for a Grand Jury to bring formal charges (indictment) against the accused.
Probable Cause is as follows:
Reasonable ground for suspicion, supported by circumstances strong enough to warrant a cautious man’s belief that the law has been, or is being, violated.
The above are but a few defininitions of the possibilities that may or may not apply to the reader’s particular situation. I urge and suggest strongly that the reader retains an attorney for further advice. This writer personally believes, not only has a criminal act been committed, but constitutional rights have been violated.
FEDERAL LAW:
Under federal law it is illegal to give anything of value to a public official “for or because of any official act performed or to be performed” by the official. Government ethics regulations say officials may not accept a gift valued at more than $20. In contrast, the gratuity statute ( a criminal law) has no minimum. Any gift of value given to influence official acts violates the law.
Such laws are important because to accept such a gift would place the official in conflict of interest or at least raise the appearance of a conflict of interest.
Federal officials are required by law and ethics regulations to maintain undivided loyalty to the nation rather than lobbyists and other special interests seeking to curry favor or gain special access. (By Warren Richey, staff writer of The Christian Science Monitor, Tuesday, March 2, 1999)
Why is this e-mail so lengthy? I'm circulating it to all concerned outside the gates of MS, Treasure Coast golfing communities, and ultimately generate a compelling and factual cover-up story to the media with the information I uncovered shown on my site. This will be accomplished with the aid of the legions of organizations throughout the country specifically my Long Island compatriots and my good friend who is an expert in the field of crop protection products. His company was a major manufacturer of pesticides. The company was sold to DOW CHEMICAL after he retired as the Regional Sales Manager for four states (AL; FL; GA; SC).
Bill Macdowell
Many states have property transfer laws that require
a seller or transferor to prepare and deliver an environ-
mental disclosure document prior to the completion of a
transaction. Failure to disclose an environmental
defect, such as a leaking storage tank, in an environ-
mental disclosure document may excuse a purchaser
from an agreement or expose the seller to damages or
penalties. Increasingly, buyers and lenders are requir-
ing disclosure documents even when there is no state
law compelling the seller or transferor to supply them.
The Indiana Responsible Property Transfer Act
(IRPTA), is an example that may mark a new era for
the transfer of real estate. This law requires a seller/
transferor of certain categories of property to deliver an
Environmental Disclosure Document (EDD) to other
parties to the transfer—the transferee/buyer and the
buyer’s lender (if identified)—30 days before the
transfer occurs. If an environmental defect previously
unknown to the buyer or lender is disclosed in the
EDD, the buyer and lender may be excused from the
agreement to purchase or finance, respectively.
Environmental defects are conditions that 1) constitute
a material violation of an environmental statute, regula-
tion, or ordinance; 2) require remedial activity under an
environmental statute, regulation, or ordinance; 3)
present a substantial endangerment to public health,
public welfare, or the environment; 4) have a material
or adverse effect on the market value of the property or
of an abutting property; or 5) prevent or materially
interfere with another party’s ability to obtain a permit
or license required under an environmental statute,
regulation, or ordinance.
Pesticide users are obligated to store, handle, and
dispose of pesticides in a responsible manner to
protect nontarget areas, public safety, and the environ-
ment. Improper pesticide use leaves the user vulner-
able to a myriad of liabilities. Pesticide labels provide
the user not only with specific instructions for using the
product to its greatest advantage, but also with a
mechanism to minimize liabilities by following label
It is a violation of both federal and state law to use a
pesticide in a manner inconsistent with its labeling. The
label is the key element in determining whether or not
the user is in compliance with the law. The pesticide
user should be aware of state laws and regulations
pertaining not only to pesticide use, recordkeeping, and
containment, but also to real estate transfer; with this
knowledge, the user can evaluate and minimize the
potential for liability. Environmental assessment is an
effective method for evaluating liability probabilities and
for establishing ‘innocent landowner’ status to protect
the buyer from being held liable for situations which
originated prior to purchase. Assessment should be
performed by reputable expert environmental consult-
ants with financial security against errors and omis-
sions. Records of past liability insurance policies
should be maintained, complete with specific dates of
inception and expiration. Current policies should be
reviewed regularly to assure adequate coverage.
• Reduction of the potential for being held liable in
situations involving pesticide use can be accomplished
by recognizing the problem, identifying corrective
measures, and following through with corrective
• Liability issues generally do not focus on the
benefits to individuals, communities, or society in
general but, instead, on the health and environmental
risks associated with improper transportation, storage,
application, and disposal of pesticides.
• Local, state, and federal laws and regulations are
intended to reduce or eliminate pesticide risks and
place the primary responsibility and liability for pesti-
cides on the user and persons under the supervision of
• Managing liability requires the same level of
intensity and commitment generally assigned to those
activities which are revenue-producing.
• The label provides the user with written instruc-
tions for achieving the desired level of pest manage-
ment and associated benefits. It also provides detailed
statements used to communicate the risks—the
potential liabilities—along with mandatory applicator or
handler requirements intended to protect both human
health and the environment.
• The label is the law. The label statement “it is a
violation of federal law to use this product inconsistent
with its labeling” requires the user to follow all label
instructions; failure to do so can result in liability for
those actions contrary to label directions. This same
statement is written into FIFRA and state laws under
• Pesticide certification and legal obligations ex-
pressly created by the label establish a set of stan-
dards for the pesticide user; these standards must be
met in order to limit liability actions by citizens and civil
or criminal actions by regulatory agencies.
• Lending institutions are increasingly requiring that
environmental assessments be performed when real
estate associated with the storage, transfer, and
application of pesticides is being sold or used as
collateral against loans. The costs of cleaning up
property contaminated by pesticides can easily exceed
the value of the loan on—or even the appraised value
of—the property. Thus, environmental audits are
necessary to protect the assets of the buyer, seller, and
The authors are very grateful to the following
reviewers for their constructive comments and sugges-
tions that improved the accuracy of Pesticides and the
• David Horning, Countrymark Cooperative, Inc.
• Thomas Keefer, E. I. du Pont de Nemours and
• Richard Kramer, National Pest Control
• Charles Rock, Ciba-Geigy Corporation.
The senior author is extremely grateful to Stephen
Aducci for his original illustrations.
The information given herein is supplied with the understanding that no discrimination is intended and no endorsement by the Purdue University Cooperative Extension Service is implied.
It is the policy of the Purdue University Cooperative Extension Service, David C. Petritz, Director, that all persons shall have equal opportunity and access to the programs and facilities without regard
to race, color, sex, religion, national origin, age, marital status, parental status, sexual orientation, or disability. Purdue University is an Affirmative Action employer.
If you need the services of an attorney—whether to provide legal advice
regarding your potential liabilities, to review your insurance policies, or to
defend you in a lawsuit or administrative hearing—keep the following in
• Today it is common for lawyers, like physicians, to develop special-
ties. Therefore, not all lawyers will be equally competent to handle your
problem. Seek out those with specialized experience or training in handling
situations like or similar to your own.
• Be certain to discuss rates to be charged, the nature of the services
which the attorney expects to perform, and the estimated total cost for the
services. Also, it is important to understand what costs or expenses are your
responsibility. Written fee agreements are recommended.
• If the services are to be billed on a hourly basis, the lowest rate quoted
will not always result in the lowest total bill. Attorneys with more experi-
ence and training may charge higher rates (on an hourly basis) but handle
the matter more efficiently and effectively.
• Make certain that you are comfortable with your attorney’s good
judgment; you’ll often have to rely on it when making tactical and strategic
• It is critical that you candidly discuss your legal problems with your
attorney. If you do not disclose everything you know, your attorney may be
hindered in representing you; and you’ll run the risk that you and/or your
attorney will be surprised at an inopportune time. Remember, the attorney-
client privilege will protect you from damaging disclosures.
• Hiring an attorney at the first sign of a problem will often save you
money, since prevention may still be possible.
• Don’t fall into the trap of thinking that you can defend yourself,
cheaper. Rules of procedure and evidence have been established at most
levels of administrative hearing and at all court levels, and they must be
followed. If you do not know these, the facts of your case most favorable to
Many states have property transfer laws that require
a seller or transferor to prepare and deliver an environ-
mental disclosure document prior to the completion of a
transaction. Failure to disclose an environmental
defect, such as a leaking storage tank, in an environ-
mental disclosure document may excuse a purchaser
from an agreement or expose the seller to damages or
penalties. Increasingly, buyers and lenders are requir-
ing disclosure documents even when there is no state
law compelling the seller or transferor to supply them.
The Indiana Responsible Property Transfer Act
(IRPTA), is an example that may mark a new era for
the transfer of real estate. This law requires a seller/
transferor of certain categories of property to deliver an
Environmental Disclosure Document (EDD) to other
parties to the transfer—the transferee/buyer and the
buyer’s lender (if identified)—30 days before the
transfer occurs. If an environmental defect previously
unknown to the buyer or lender is disclosed in the
EDD, the buyer and lender may be excused from the
agreement to purchase or finance, respectively.
Environmental defects are conditions that 1) constitute
a material violation of an environmental statute, regula-
tion, or ordinance; 2) require remedial activity under an
environmental statute, regulation, or ordinance; 3)
present a substantial endangerment to public health,
public welfare, or the environment; 4) have a material
or adverse effect on the market value of the property or
of an abutting property; or 5) prevent or materially
interfere with another party’s ability to obtain a permit
or license required under an environmental statute,
regulation, or ordinance.
Pesticide users are obligated to store, handle, and
dispose of pesticides in a responsible manner to
protect nontarget areas, public safety, and the environ-
ment. Improper pesticide use leaves the user vulner-
able to a myriad of liabilities. Pesticide labels provide
the user not only with specific instructions for using the
product to its greatest advantage, but also with a
mechanism to minimize liabilities by following label
It is a violation of both federal and state law to use a
pesticide in a manner inconsistent with its labeling. The
label is the key element in determining whether or not
the user is in compliance with the law. The pesticide
user should be aware of state laws and regulations
pertaining not only to pesticide use, recordkeeping, and
containment, but also to real estate transfer; with this
knowledge, the user can evaluate and minimize the
potential for liability. Environmental assessment is an
effective method for evaluating liability probabilities and
for establishing ‘innocent landowner’ status to protect
the buyer from being held liable for situations which
originated prior to purchase. Assessment should be
performed by reputable expert environmental consult-
ants with financial security against errors and omis-
sions. Records of past liability insurance policies
should be maintained, complete with specific dates of
inception and expiration. Current policies should be
reviewed regularly to assure adequate coverage.
• Reduction of the potential for being held liable in
situations involving pesticide use can be accomplished
by recognizing the problem, identifying corrective
measures, and following through with corrective
• Liability issues generally do not focus on the
benefits to individuals, communities, or society in
general but, instead, on the health and environmental
risks associated with improper transportation, storage,
application, and disposal of pesticides.
• Local, state, and federal laws and regulations are
intended to reduce or eliminate pesticide risks and
place the primary responsibility and liability for pesti-
cides on the user and persons under the supervision of
• Managing liability requires the same level of
intensity and commitment generally assigned to those
activities which are revenue-producing.
• The label provides the user with written instruc-
tions for achieving the desired level of pest manage-
ment and associated benefits. It also provides detailed
statements used to communicate the risks—the
potential liabilities—along with mandatory applicator or
handler requirements intended to protect both human
health and the environment.
• The label is the law. The label statement “it is a
violation of federal law to use this product inconsistent
with its labeling” requires the user to follow all label
instructions; failure to do so can result in liability for
those actions contrary to label directions. This same
statement is written into FIFRA and state laws under
• Pesticide certification and legal obligations ex-
pressly created by the label establish a set of stan-
dards for the pesticide user; these standards must be
met in order to limit liability actions by citizens and civil
or criminal actions by regulatory agencies.
• Lending institutions are increasingly requiring that
environmental assessments be performed when real
estate associated with the storage, transfer, and
application of pesticides is being sold or used as
collateral against loans. The costs of cleaning up
property contaminated by pesticides can easily exceed
the value of the loan on—or even the appraised value
of—the property. Thus, environmental audits are
necessary to protect the assets of the buyer, seller, and
The authors are very grateful to the following
reviewers for their constructive comments and sugges-
tions that improved the accuracy of Pesticides and the
• David Horning, Countrymark Cooperative, Inc.
• Thomas Keefer, E. I. du Pont de Nemours and
• Richard Kramer, National Pest Control
• Charles Rock, Ciba-Geigy Corporation.
The senior author is extremely grateful to Stephen
Aducci for his original illustrations.
The information given herein is supplied with the understanding that no discrimination is intended and no endorsement by the Purdue University Cooperative Extension Service is implied.
It is the policy of the Purdue University Cooperative Extension Service, David C. Petritz, Director, that all persons shall have equal opportunity and access to the programs and facilities without regard
to race, color, sex, religion, national origin, age, marital status, parental status, sexual orientation, or disability. Purdue University is an Affirmative Action employer.
If you need the services of an attorney—whether to provide legal advice
regarding your potential liabilities, to review your insurance policies, or to
defend you in a lawsuit or administrative hearing—keep the following in
• Today it is common for lawyers, like physicians, to develop special-
ties. Therefore, not all lawyers will be equally competent to handle your
problem. Seek out those with specialized experience or training in handling
situations like or similar to your own.
• Be certain to discuss rates to be charged, the nature of the services
which the attorney expects to perform, and the estimated total cost for the
services. Also, it is important to understand what costs or expenses are your
responsibility. Written fee agreements are recommended.
• If the services are to be billed on a hourly basis, the lowest rate quoted
will not always result in the lowest total bill. Attorneys with more experi-
ence and training may charge higher rates (on an hourly basis) but handle
the matter more efficiently and effectively.
• Make certain that you are comfortable with your attorney’s good
judgment; you’ll often have to rely on it when making tactical and strategic
• It is critical that you candidly discuss your legal problems with your
attorney. If you do not disclose everything you know, your attorney may be
hindered in representing you; and you’ll run the risk that you and/or your
attorney will be surprised at an inopportune time. Remember, the attorney-
client privilege will protect you from damaging disclosures.
• Hiring an attorney at the first sign of a problem will often save you
money, since prevention may still be possible.
• Don’t fall into the trap of thinking that you can defend yourself,
cheaper. Rules of procedure and evidence have been established at most
levels of administrative hearing and at all court levels, and they must be
followed. If you do not know these, the facts of your case most favorable to
Many states have property transfer laws that require
a seller or transferor to prepare and deliver an environ-
mental disclosure document prior to the completion of a
transaction. Failure to disclose an environmental
defect, such as a leaking storage tank, in an environ-
mental disclosure document may excuse a purchaser
from an agreement or expose the seller to damages or
penalties. Increasingly, buyers and lenders are requir-
ing disclosure documents even when there is no state
law compelling the seller or transferor to supply them.
The Indiana Responsible Property Transfer Act
(IRPTA), is an example that may mark a new era for
the transfer of real estate. This law requires a seller/
transferor of certain categories of property to deliver an
Environmental Disclosure Document (EDD) to other
parties to the transfer—the transferee/buyer and the
buyer’s lender (if identified)—30 days before the
transfer occurs. If an environmental defect previously
unknown to the buyer or lender is disclosed in the
EDD, the buyer and lender may be excused from the
agreement to purchase or finance, respectively.
Environmental defects are conditions that 1) constitute
a material violation of an environmental statute, regula-
tion, or ordinance; 2) require remedial activity under an
environmental statute, regulation, or ordinance; 3)
present a substantial endangerment to public health,
public welfare, or the environment; 4) have a material
or adverse effect on the market value of the property or
of an abutting property; or 5) prevent or materially
interfere with another party’s ability to obtain a permit
or license required under an environmental statute,
regulation, or ordinance.
Pesticide users are obligated to store, handle, and
dispose of pesticides in a responsible manner to
protect nontarget areas, public safety, and the environ-
ment. Improper pesticide use leaves the user vulner-
able to a myriad of liabilities. Pesticide labels provide
the user not only with specific instructions for using the
product to its greatest advantage, but also with a
mechanism to minimize liabilities by following label
It is a violation of both federal and state law to use a
pesticide in a manner inconsistent with its labeling. The
label is the key element in determining whether or not
the user is in compliance with the law. The pesticide
user should be aware of state laws and regulations
pertaining not only to pesticide use, recordkeeping, and
containment, but also to real estate transfer; with this
knowledge, the user can evaluate and minimize the
potential for liability. Environmental assessment is an
effective method for evaluating liability probabilities and
for establishing ‘innocent landowner’ status to protect
the buyer from being held liable for situations which
originated prior to purchase. Assessment should be
performed by reputable expert environmental consult-
ants with financial security against errors and omis-
sions. Records of past liability insurance policies
should be maintained, complete with specific dates of
inception and expiration. Current policies should be
reviewed regularly to assure adequate coverage.
• Reduction of the potential for being held liable in
situations involving pesticide use can be accomplished
by recognizing the problem, identifying corrective
measures, and following through with corrective
• Liability issues generally do not focus on the
benefits to individuals, communities, or society in
general but, instead, on the health and environmental
risks associated with improper transportation, storage,
application, and disposal of pesticides.
• Local, state, and federal laws and regulations are
intended to reduce or eliminate pesticide risks and
place the primary responsibility and liability for pesti-
cides on the user and persons under the supervision of
• Managing liability requires the same level of
intensity and commitment generally assigned to those
activities which are revenue-producing.
• The label provides the user with written instruc-
tions for achieving the desired level of pest manage-
ment and associated benefits. It also provides detailed
statements used to communicate the risks—the
potential liabilities—along with mandatory applicator or
handler requirements intended to protect both human
health and the environment.
• The label is the law. The label statement “it is a
violation of federal law to use this product inconsistent
with its labeling” requires the user to follow all label
instructions; failure to do so can result in liability for
those actions contrary to label directions. This same
statement is written into FIFRA and state laws under
• Pesticide certification and legal obligations ex-
pressly created by the label establish a set of stan-
dards for the pesticide user; these standards must be
met in order to limit liability actions by citizens and civil
or criminal actions by regulatory agencies.
• Lending institutions are increasingly requiring that
environmental assessments be performed when real
estate associated with the storage, transfer, and
application of pesticides is being sold or used as
collateral against loans. The costs of cleaning up
property contaminated by pesticides can easily exceed
the value of the loan on—or even the appraised value
of—the property. Thus, environmental audits are
necessary to protect the assets of the buyer, seller, and
The authors are very grateful to the following
reviewers for their constructive comments and sugges-
tions that improved the accuracy of Pesticides and the
• David Horning, Countrymark Cooperative, Inc.
• Thomas Keefer, E. I. du Pont de Nemours and
• Richard Kramer, National Pest Control
• Charles Rock, Ciba-Geigy Corporation.
The senior author is extremely grateful to Stephen
Aducci for his original illustrations.
The information given herein is supplied with the understanding that no discrimination is intended and no endorsement by the Purdue University Cooperative Extension Service is implied.
It is the policy of the Purdue University Cooperative Extension Service, David C. Petritz, Director, that all persons shall have equal opportunity and access to the programs and facilities without regard
to race, color, sex, religion, national origin, age, marital status, parental status, sexual orientation, or disability. Purdue University is an Affirmative Action employer.
If you need the services of an attorney—whether to provide legal advice
regarding your potential liabilities, to review your insurance policies, or to
defend you in a lawsuit or administrative hearing—keep the following in
• Today it is common for lawyers, like physicians, to develop special-
ties. Therefore, not all lawyers will be equally competent to handle your
problem. Seek out those with specialized experience or training in handling
situations like or similar to your own.
• Be certain to discuss rates to be charged, the nature of the services
which the attorney expects to perform, and the estimated total cost for the
services. Also, it is important to understand what costs or expenses are your
responsibility. Written fee agreements are recommended.
• If the services are to be billed on a hourly basis, the lowest rate quoted
will not always result in the lowest total bill. Attorneys with more experi-
ence and training may charge higher rates (on an hourly basis) but handle
the matter more efficiently and effectively.
• Make certain that you are comfortable with your attorney’s good
judgment; you’ll often have to rely on it when making tactical and strategic
• It is critical that you candidly discuss your legal problems with your
attorney. If you do not disclose everything you know, your attorney may be
hindered in representing you; and you’ll run the risk that you and/or your
attorney will be surprised at an inopportune time. Remember, the attorney-
client privilege will protect you from damaging disclosures.
• Hiring an attorney at the first sign of a problem will often save you
money, since prevention may still be possible.
• Don’t fall into the trap of thinking that you can defend yourself,
cheaper. Rules of procedure and evidence have been established at most
levels of administrative hearing and at all court levels, and they must be
followed. If you do not know these, the facts of your case most favorable to