• Law Legal 22.12.2010 Comments Off

    When it comes to money, the IRS is going to be involved. And unfortunately, tax law is complicated and confusing. What some nonprofits do not know is that there are nonprofit state fundraising registration rules that if you don’t follow, the IRS can get involved and make a huge headache for the unknowing and unsuspecting nonprofit. Fines, public embarrassment and even returning donations can result from not following the rules. To assist with this quagmire of rules and regulations, Stephen Fishman, J.D., wrote “Nonprofit Fundraising Registration: The 50-State Guide.” This book will show you how to fundraise legally in all states, complete the Unified Registration Statement, and understand Internet fundraising rules.

    This isn’t a fun book, nor is it enjoyable. It’s not a book you want to just sit down and read. In fact, all the rules and regulations just might annoy you or make you angry. However, if you are a nonprofit and are wanting to fundraise across the country, this book has some good information you will want to know and have on hand to ensure you follow the rules and don’t have big brother IRS paying you a visit that you really don’t want to happen.

    There is a brief introduction explaining how things are even tougher for nonprofits these days, and then it goes into the first chapter that focuses on the basics of state regulation of nonprofit fundraising. From there, it goes into an overview of the fundraising registration process in chapter two, and continues in chapter three with information about the IRS and State Registration. (This includes some of the newer forms)

    Chapter four covers Internet fundraising and registration. Chapter five is a short chapter on The Unified Registration Statement. The final chapter, six, covers qualifying to do business out of state. These six chapters comprise of 113 pages. So you can get the information pretty quick, and like all Nolo books, the information is presented in an easy to understand format. If nothing else, the book will better prepare you to discuss the issues with your tax professional or attorney.

    The remainder of the book, pages 115 through 348 consists of Appendix A which contains state by state rules for registration, Appendix B which has supplemental state forms for the URS, and an Index. Obviously, you will only need the sections on the states you are interested in. I also must caution people using this book to ensure that the state law is still accurate. The problem is that States and our Federal Government are always changing laws, so make sure you double check anything from a book to ensure it is still accurate and up to date. Nolo does a good job of keeping information updated, but still check to make sure.By Alain Burrese

  • Law Legal 22.12.2010 Comments Off

    Daniel H. Pink’s 2009 book entitled “Drive: The Surprising Truth About What Motivates Us” (“Drive”) is filled with information that is highly relevant to the legal profession today.

    The central thrust of Drive is that motivating professionals like lawyers requires law firms to go beyond the traditional use of sticks and carrots, punishments and rewards. Pink argues that instead of focusing on these external motivators, what law firms need to do is tap into the intrinsic motivational drive of their lawyers. This will result in more engaging and ultimately more satisfying work. Pink argues that this will not only reduce lawyer turnover and burnout, but that it is in fact the secret to high performance.

    Pink highlights three key aspects of work that make it more inherently satisfying: (i) autonomy; (ii) mastery; and (iii) purpose. He argues that these components of intrinsic motivation are interdependent and mutually reinforcing – that, like the legs of a tripod, the apparatus of excellence cannot stand without each component in place.

    If there is any merit to Pink’s argument, then law firms would be well advised to pay careful attention to each of the three components of intrinsic motivation in their human resource strategies. Here are some ideas on how to do so:

    (i) Autonomy: There are five main ways firms can increase their lawyers’ overall sense of autonomy. These include giving lawyers greater leeway over: (i) what to work on (subject autonomy); (ii) when to do their work (time autonomy); (iii) where to do their work (place autonomy); (iv) who to do their work with (team autonomy); and (v) how to do their work (technique autonomy). The idea here is not that firms have to grant their lawyers full autonomy over all aspects of their work. It is simply that law firms have at their disposal five separate channels along which to promote greater lawyer autonomy, and that an increase in autonomy along any one of these five channels will result in a higher level of work satisfaction.

    (ii) Mastery: Law firms can promote lawyer mastery by aligning the difficulty of certain tasks with their lawyers’ overall level of skill or development. Pink calls these “Goldilocks tasks” – tasks that are neither too hard nor too difficult. The idea is that in order to develop mastery it is important for lawyers to be engaged; and in order to be engaged they must be presented with challenges that are well suited to their skill level. Tasks that are too challenging result in a sense of being overwhelmed; tasks that are too easy result in boredom; tasks that are neither too hard nor too easy, but “just right” result in engagement. Engagement, in turn, leads to mastery. Law firms that care about developing masterful lawyers should ensure that they are neither overwhelmed nor bored – that overall they are engaged by their work. If firms are able to strike this balance, their lawyers’ work becomes its own reward.

    (iii) Purpose: To make their lawyers’ work more satisfying, law firms would also do well to consider increasing the emphasis they place on meaningful, not just profitable, work – that is, work that gives their lawyers a sense that they are making a positive contribution to something greater than themselves. This does not mean rejecting profit as a motive; it simply means making greater room for non-profit driven contributions. This might mean crafting a mission or vision statement that espouses genuine non-profit related values, and ensuring that incoming lawyers share those values. It might also mean placing greater emphasis on pro bono work, and perhaps including it as part of performance reviews. It might even mean hiring professional coaches to work with their lawyers. Whatever the approach, taking steps to instill a greater sense of purpose into the work life of many lawyers will ultimately make them more committed, creative, resourceful, and yes: satisfied.By Adam Kay

  • Law Legal 22.12.2010 Comments Off

    This book is based on morals and ethics. Who has them and who doesn’t is the interesting part of this fast action financial thriller. Would you be able to tell a story being told as it was being told? There are many they can’t and believe every word out of someone’s mouth to be true. This is who they look for and that is the person that wants to pull the lever to the one arm bandit. I guess once you start reading this book “Miles Away…Worlds Apart” by Alan Sakowitz and figuring out what is going, the scams and deception, then you want to see where they mess up to get caught. They are very good at what they do.

    A lawyer no less crooked from the start and why is that such a surprise. This story will have you turning the pages if anything to see when they get caught. You know that no scam is perfect and you may earn what to look out for if you have never encountered a person who lives by scamming people. You will enjoy this one. This would be a good discussion for your book club or for the lawyer in your family.

    When you decide to scam someone or to become a scam artist at one point you life becomes real to you because you are playing a part. In order for it to become believable you have to act and feel what the person would be feeling. In the end you almost cannot tell who the real person is and who the actor is. This is the case that could be interpreted in this book. As the actor or schemer who honestly believes he is giving you good advice or a good deal. The good deal may be lining his pockets but that point is not the discussion.

    If you have never heard of the term “Ponzi Scheme” they have been around for years. It is how to make a quick buck of the poor soul who believes you. It the person you see coming, the one your parents warned you about and yet you fall for it every time, they are that good. This book was very good and you will take some things away from the book.

 

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