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Creativity Motivation – What is motivation – Corey K Katir
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Describes motivation process for creativity with emphasis on intrinsic motivation by Corey K Katir

James and Jeanne Harmon reside in and supposedly own a five-story brownstone on Manhattanas Upper West Side, a building that has been in their family since 1949. But they have, so to speak, houseguests who have overstayed their welcome by, in cumulative years, more than a century. They are the tenants a the same tenants a who have been living in the three of the Harmonsa six apartments that are rent controlled. Read full article >>

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If you’ve resolved to start a pension in 2009, hereas everything you need to know to help you plan for your retirement.

If you’ve resolved to start a pension in 2009, hereas everything you need to know to help you plan for your retirement.

In his State of the Union address, President Obama announced that a new unit had been formed for the purpose of investigating mortgage fraud and other white collar crimes. The new unit — led by New York Attorney General Eric Schneiderman, known for taking a tough stand against mortgage lenders — will have 55 prosecutors, FBI agents, and analysts. Together, they will examine what exactly caused the “massive market failures” that led countless people to lose their homes to foreclosure.

The reasons behind the economic collapse that shook the world are almost too complex to sort out. But one basic storyline is as follows: Mortgage lenders began to engage in subprime lending, or lending to individuals with poor credit histories. They did so at a time when home values were rising quickly. It seemed like a win-win situation: mortgage lenders could reap huge profits while the borrowers could buy the house of their dreams. Often, mortgage lenders pushed “adjustable rate mortgages,” where the monthly mortgage payment started low, then eventually increased. When housing prices finally started to drop, borrowers found themselves with higher mortgage payments and unable to refinance to pay off the loan. Families everywhere could not make payments and mortgage lenders started to foreclose. To make matters worse, mortgage lenders had packaged loans together as “mortgage-backed securities” and sold them internationally. When the loans failed, the securities became worthless and many of the investment banks that bought them collapsed.

Today many people are still defaulting on their mortgage payments and mortgage lenders are foreclosing on their houses. Many claim that mortgage lenders are going so far as to commit mortgage fraud in order to swindle people out of their homes. Mortgage fraud is a federal crime that consists of a misstatement, misrepresentation, or omission that goes to the heart of the agreement. It isn’t just a small oversight — like saying the monthly payment is $995 when it is actually $1,000 — but a misrepresentation that intentionally led the borrower to believe something that wasn’t true, and to act on that belief. Mortgage lenders have been accused of falsifying information on home loan documents, without the borrowers’ knowledge, in order to make it easier for the borrower to get the loan, only to turn the tables once the borrower (inevitably) defaulted.

While the mortgage lending industry desperately needs to be kept honest, for its sake and that of the general public, we need to be careful not to assume that mortgage lenders are always dishonest and after your house. The unfortunate truth is that while there were unscrupulous lenders, there were people on both sides who believed the hype — that home prices would rise forever and ever and no loan bore too much risk. With hindsight, we can say that that attitude was foolish, that is still far different from peddling mortgages that the lender knew the borrower could not afford. It shouldn’t be a reason to hire a criminal defense attorney.

Furthermore, mortgage lenders often don’t want to foreclose upon a house. It often involves long months of litigation, while the mortgage goes unpaid. Then, when they try to sell the house, it goes for far below its original value. So while the new investigation unit is long overdue, one hopes that they are able to keep things in perspective — not lump the foolish in with the truly criminal.

The market is speaking. It may be wrong and foolish, but that never stopped the market from speaking before, and it won’t this time either. And you can’t argue with the market because it only speaks. It doesn’t listen. At The Legal Whiteboard, Bill Henderson is trying to tell us what it’s saying.

This story is fresh off the newswire: “Law firms are no more the preferred destination for fresh law graduates looking for jobs. With outsourcing catching up even in this industry, legal process outsourcing (LPO) companies are now bagging a large number of graduates.” A law professor opines, aThere is a rising trend of students opting for LPOs. The nature of work is changing and these places offer good packages and work culture. … [P]romotions also come faster in LPOs.a

Wonderful news. But the story was written for the Hindu Business Line. The law graduates went to school in India. Why are the LPOs become more attractive jobs for Indian law grads? Probably because (a) LPOs are increasingly focusing on process and technology, engineering out the drudgery work, and (b) process and technology are creating a sustainable competitive advantage within a global industry — and that can support higher salaries.

This isn’t the entire legal market, but it has a virtue that lawyers in the United States don’t have. It’s alive. It’s thriving. It’s where the legal work that used to go to American lawyers now lives. Not all of it, of course, but a lot of it. Not all types of legal work, but the routine, commoditized, crappy, boring stuff thatwas oncethe lifeblood of new lawyers.

Bill has an important message in his post, which sadly is hidden behind academic jargon, on the one hand, and inadequately detailed application to practicing lawyers, on the other. So let me play sign language interpreter for a moment. The bulk of work that kept baby lawyers in civil firms busy until they got some decent lawyer chops and learned how to bring in business is being done in Bangalore at $3 an hour or fed into a computer. Where it’s not going is a firm near you, which is why a firm near you has no job for you.

This means that lawyers have to shift out of the routinized, commoditized work that provided them jobs before into practice areas that can’t be shipped off shore. Except they aren’t competent to do so, undermine the market price and fill the courthouse with death and destruction. They do this because they have no place else to turn. They have a ticket. They have debt. They have no other future. And we keep churning them out.

A second post by Bill Henderson notes thatLegalZoomhas filedfor an Initial Public Offering. While real lawyers struggle to pay rent, LZ had revenue of $156 million and turned a profit of $12 million. Plus, it loves all those poor, miserable souls who need legal-type stuff but don’t want to pay a lawyer.

We believe that everyone deserves access to quality legal services so they can benefit from the full protection of the law. Our mission is to be the trusted destination where small businesses and consumers address their important legal needs and to be our customers’ legal partner for life.

A different way to say that would be that theysellforms to people who have no clue what they need or why,using the brilliant method of taking a piece of paper that only needs to be written once andselling it a million times over.One size fits all? Close but no cigar? Not even close? A disaster waiting to happen? So what?

Whether it’s corporations or mom & pops, they are prepared to trade off bespoke legal services for potentially crappy but substantially less expensive, and take their risks. They’ve come to realize that the “bespoke” legal services aren’t all that great, because most lawyers aspire to mediocrity, caring only that the check cleared, and because even if a client tries to do everything as well as possible, the legal system (I mean you, judges) are considered so unreliable that there’s no faith that the righteous will prevail. So if expensive legal services are a crapshoot, and inexpensive legal services are a crapshoot, why pay more?

But we’re criminal defense lawyers here. Neither computers nor lawyers in Bangalore can do what we do, right?

Do the math. Law schools continue to crank out tens of thousands of newly minted, deeply indebted,lawyers every year with no place to go. To the extent that they have any hope of practicing law, the kid who dreamed of one day being an M&A lawyer at Skadden and buying that Ferrari is now standing in the hallway of 100 Centre Street hustling misdemeanors at $100 a pop. He has no choice, if he wants to eat again tonight.

But lawyers aren’t fungible, you say? Of course not, but most clients can’t tell us apart. We all wear similar suits and, despite the cheerleaders, our websites extolling our virtues are essentially the same. You’re an “experience, aggressive and caring” lawyer? Well, isn’t that special. So is the kid next door, who got his licence last week. So is the old man down the hall, who has 30 years of experience. So is the guy who did real estate closings until the business went bust. Etc. We’ve hyped ourselves into oblivion, and the potential client has a choice of 31 flavors that all claim to be vanilla.

On the other hand, he doesn’t really want to waste his money on you. You say you’re worth it, but he can’t tell. You guarantee nothing, because you can’t. The system sucks, as the internet tells us, making the concept of trying one’s best seem like a fools errand. The net result is why bother. If you’re going to lose anyway, save your money.

Within the discussion of what has to change in the nature of American law schools, and the practice of law, is that our society has no need for the tens of thousands of new lawyers being dumped on the market. Not only is it bad for the silly children whose mothers told them that becoming a lawyer assured them reasonable prestige and security, but it’s bad for everyone. The Boulevard can only handle so many lawyers in hotpants.

But Greenfield, you ask, isn’t it true that there is a massive underserved population who is in desperate need of legal services? What about them?

Yes, I respond, but they’re not your market, your potential client. They want and need a lawyer, but they have no money to pay you. Society won’t put together the money to pay you, as that would take needed money away from buying armored vehicles for the police in Peoria to stop terrorists. While it would be very nice of you to served these poor, needy folks, what will you tell your babies when you have no money to put food in front of them this evening and they’re really, really hungry? The price of cannibalizing ourselves is that a robust legal profession can’t be maintained, and if lawyers have to take jobs as assistant manager at Dairy Queen to survive, they really aren’t lawyers anymore and can’t help much of anyone.

Shutter the law schools. Whether it’s a third, or half, or more, there is no future in the law for most of these students. As we discuss how to fix the systemic problems arising from the structural changes in the law that Bill Henderson talks about, one thing that’s clear is that we have no use for the numbers of full fledged lawyers that are being produced. Yet, the ABA keeps accrediting more law schools, and they do whatever they have to do to fill their seats.

Don’t cry for the empty classrooms and idle lawprofs. They can convert them to carpentry schools. Do you have any idea how hard it is to find a good carpenter? And lawprofs, being the intellectual elite,will quickly learnhow to lecture onthe theory of hammers and nails. They’ll survive, like cockroaches after nuclear holocaust. But whether lawyers survive is another story.

My gift this mother’s day is to pass along a message. You love your child and want the best for him. Don’t let him become a lawyer. Maybe a cowboy would be better.

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