Going through a divorce can be a harrowing experience, from the very first stages up until the end of the court hearings. If the case goes to trial it is just one part in the overall divorce process that both parties must deal with.

Prepping For The Trial

Beginning with the overall end in mind, preparation for the trial should start before the first pleading is even filed. The issues of the case should be acknowledged within the first meetings shared with the client, and revised throughout the entire process. In the first stages of representation, instructions should be made clear to the client by the Austin divorce lawyer as to whether certain facts are relevant or not, in order to minimize any information that may be too excessive or unnecessary to the court. Minute matters should not be the focus of the case, and should receive little attention. The client should be told by the lawyer to focus only on the areas that will enhance what the court is going to asked to conclude.

The Examination

Generally speaking, undergoing the processes of testifying does not come as second nature to the majority of people. The credibility of the witness depends just as much on their demeanor as it does on their actual testimony. The Austin family law attorney should work with the client in order to develop a testifying pace that is both comfortable as well as effective. The development of the testimony should focus primarily on only the important details of the case, and generally disregard any minor matters. Beforehand, the lawyer should determine which parts of the testimony are significant, and plan to get to them quickly in order to further develop it.

Although a client might find a guideline on the subject issues that will be addressed during the examination helpful, they should not be provided a script of answers and questions. Using a pre-rehearsed script not only sounds forced, but can become complicated when questions are asked in a different order and objections are lodged.

The difference between a client who is prepared versus one that has just memorized a script, is that a prepared client will be able to move through the procedures with relative fluidity. Someone who has just memorized a script of answers may be thrown off kilter if the script is not followed with precision.

The Cross Examination

Frequently overlooked by many divorce practitioners is the reaction and behavior of the client during the oppositionís testimony. It is a fact that good judges evaluate the clientís demeanor during the spouseís testimony. Someone who doesn’t remain calm and reserved during their former spouseís testimony may cause an unfavorable reaction by the judge. Alternatively, a client who remains under control and reserved is preferred in the eyes of the judiciary.

The story of real estate sellers and brokers struggling to survive is not a new story. One woman by the name of Debra Du-neier, however, decided to drop her flagging luxury real estate business and opted to launch an interior designing business combining feng shui, green living and environmental psychology.

Her new business is thriving, and it’s all thanks to her willingness to reinvent herself.

This is, of course, actually harder than it sounds. You’ll have to spend time, money and effort re-educating yourself to start a new business. That’s not something everyone is able or willing to do, but is nonetheless essential if the main business is being hammered too hard by the economy. This is especially problematic for those that have financial and social responsibilities to fulfill.

The sooner you act, however, the less painful the transition will be. Just preparing and looking for alternative lines of business to dip your fingers into is a pretty good idea – even if your current business is doing quite well.

The gloom and doom of the economy might well last for a handful of years more, so it is better to come up with a plan rather than be blindsided by a sudden failure in the business.

A hundred dollars you can spend is definitely better than a million dollars that you can’t spend. This is a lesson many business owners need to remember, especially when their shelves are full of unsold inventory that is clogging up capital.

The problem here is when nobody is buying items that take up shelf space but are not being moved around. Sure, those bits of jewelry should be sold for $500 each or that retro stereo set should sell for $250, but those items are worth nothing if absolutely nobody is buying them.

It is for this reason that entrepreneurs must learn how to cut their losses and get rid of their unmoving stock even at a loss. Doing so will free up precious space for selling other hotter items while sending a signal to customers that business is brisk and strong in your establishment. Doing so also orients your businesses’ objectives from “getting rid of excess stock” to “actively meeting customer demand.”

Know what your customers want, ask for what your customers want and get rid of everything else. You’d be surprised at how effective this is during lean economic times. People are tightening their belts and buying only what they need and want – in that order – so make sure you meet that demand.

Don’t sign your name to any contract – sign as a representative of your business.

No, seriously. Using your name and signature in a contract can be used later on to point liability to you should things fail. If you must sign contracts, then use the following outline:

(name of the company)
By: (your name and signature)
Its: (your position in the company)

Make sure to use the above format when signing business contracts as this will effectively allow you to sign not as yourself but as a representative of your company or business.

This is something both employees and small business owners need to remember, as some unscrupulous individuals will try to use this trick to place all liabilities on the shoulder of an individual instead of the company.

For example, your boss or someone you work with could try to get you to use your personal signature on a document or contract where you’re supposed to represent the business. Sneaky, yes, but rather effective in court.

You can always choose to personally guarantee a contract, which is sometimes useful in certain business-related situations, but at least you will be fully aware of your decision and not end up paying for something you’re not supposed to.

As its appears, the crisis over debt ceiling extension is going to go right to the wire. The first signs of seriousness and the big concern – that no one ‘jumps’ out of this vehicle quick enough as it hurtles towards a cliff – will be the reaction of the ratings agencies.

S&P has already warned that it is not simply a matter of extending the ceiling at the eleventh hour and that they are going to be proactive in their assessments. You could call this a shot across the bows, but it will be a long serving executive, David T. Beers, who will call the shots. He has a history of not being trifled with.

When asked how relations with the Treasury currently stood, he rather cryptically answered that people in his position were not used to being welcomed into meetings on this issue. Diplomatic speak for ‘frosty’ would be a fair appraisal here!

He has pulled no punches about the need to tackle the debt load quickly and effectively. Heading the division of S&P that, via an 80 strong army, assesses 126 countries he recently outlined how the committee that would ultimately decide whether to alter the U.S.’s 70 year old AAA rating would implement decisions.

Of particular concern to the Obama administration, is the notion that the committee could effectively pre-empt the deadline by deciding that there are insufficient signs of an agreement being met.

S&P is acutely aware of criticisms it received during the subprime crisis; when they were accused of rating too highly bundles of near-worthless mortgages. They may well be in a mode and a mood to reassert both their independence and their authority.

In April, S&P revised its US outlook from stable to negative: citing a 33% possibility of a downgrade of debt. Three months later they hardened their position and decided that there was a 50% chance of a downgrade in the next 90 days.

The stakes could not be higher: a nervousness that is beginning to palpably show in equity markets.

Government workers have long feared what would happen to their benefits, especially since some sectors of the government virtually shutting down for days or weeks on end.

Good news: no steep cuts to pay and benefits. Bad news: those might be coming in the next few months.

This is in light of a 12-member bipartisan “super committee” whose sole purpose is to find up to $1.5 trillion in savings by November 23.

“We’re happy there are no cuts to federal pay and pensions, but moving forward, we’re still facing a slippery slope,” says International Federation of Professional and Technical Engineers (IFPTE) spokesman Matt Briggs. “We still remain very leery on what [the super committee] will do.”

Dan Adcock of the National Active and Retired Federal Employees Association shares these sentiments, citing potential program cancellations, hiring freezes and staffing cuts as the tip of the iceberg.

“It’s going to be a real challenge to federal managers to continue to do more with less,” says Adcock.

These fears are most likely to pass, especially since tax increases and health programs are going to be tough sells for the committee to press. Employee pay and benefits are looking like easier targets for cuts.

Federal employees nearing retirement could look forward to at least two things: more buyouts and early-retirement packages. That is unless the super committee decides to cut those down in the near future as well.

[via]

CEO of business community Manta and Forbes contributor Pamela Springer shares her thoughts on the top mistakes small businesses make when using social networks:

Having no marketing plan – “Ask yourself what you hope to achieve from social media and how you plan to get there.”

Doing everything all at once – “Do some research to determine which platforms best fit your business goals.”

Failure to measure ROI – “Make sure you set goals for your program and that you have ways to monitor these.”

Leaving incomplete profiles – “If your profile is half complete it reflects poorly on your company.”

Blatant promotion without engagement – “if you constantly talk about your business and what your business offers without listening or engaging with others, your network will fall flat.”

Ignoring negative feedback – “Instead of deleting the post, face it head-on and fully address the concern.”

Failure to claim profiles – “Regardless if you want to be involved socially or not, your company might already be.”

Not investing enough time – “If you are truly interested in expanding your network online, you need to be prepared to put in the time.”

Not interacting passionately – “If you aren’t passionate about interacting online, your social media efforts won’t work.”

Using something you don’t need – “Just because lots of businesses are using social, doesn’t mean you have to.”

Business fraud is most commonly committed by those inside the businesses than by those outside. In an interview by Smart Business, two executives from Comerica explain what owners can do to mitigate this internal fraud.

Glenn Lauter is the Senior VP for Business Banking in the Dallas Comerica Bank. Paul Orsborn is his counterpart in the Houston Comerica Bank.

How common is internal fraud?

Lauter: “According to the Association of Certified Fraud Examiners, $652 billion per year is lost to internal fraud. Small businesses are the most vulnerable, accounting for a whopping 80 percent of all internal fraud cases.”

What types of internal fraud should I be on the lookout for?

Orsborn: “The most common ones are asset misappropriation, corruption and doctoring financial statements, as well as pilfering company cash or resources. Bribery and kickbacks, which involve vendors or others outside the business, are also common.”

What preventative measures can I take?

Lauter: “One of the most effective measures a business owner can have in place to protect his or her business is a solid set of policies and procedures.”

How can I help ensure the people I hire are trustworthy?

Orsborn: “Inform candidates they are subject to a background check for initial employment and a subsequent check if they move into a new function in a more sensitive area. Permission for credit checks should also be a condition of employment.”

What role can I play in preventing fraud?

Lauter: “It is best to be involved in your business and oversee all areas of operation so if something doesn’t look right, it can be addressed right away.”