February 10, 2026  • By Dennis Beaver

Prison is a place like no other. It is its own world and has rules that apply there and nowhere else. Knowing this reality was what my young reader needed to understand three years ago.

“Mr. Beaver,” wrote “Molly,” “my son ‘Ray’ just turned 18. He has been in and out of juvenile detention for years, primarily because he can’t say no and hangs around with boys who are up to no good. But he has a very high IQ and has been reading your column for years.

“Now that he is an adult, if he continues on the same path, he will wind up in prison. Could you talk with him about what the first days behind bars would be like and how to keep himself out of trouble? You might be able to wake him up. Thanks, ‘Molly.'”

I set up a video call with this polite young man who said he “just wanted to make friends, so I went along with whatever it was.” He could not hide the “smart-aleck” side of his personality that I doubt Molly saw.

If anyone needed to know what the first days in prison would be like, it was Ray. What follows is a summary of our conversation.

Some healthy fear is beneficial

“Ray, I’ve learned from our clients who did their time, and through letters I’ve gotten from inmates across the country, that when you are sentenced to prison, which only you can prevent, a dose of fear is healthy.

“It is a place where very bad people are forced to live together,” I went on. “For the first-time inmate, who is referred to as a ‘fish,’ danger stems from a lack of understanding the unwritten social rules that control prison life.”

The eight unwritten social rules that Ray needed to know:

1. Leave your ego at home. Do not fall into the newbie trap.

Never think that you are different or better than anyone else. You are, at first, a “nobody with a number.” An attitude of superiority will make you a target. So, be as plain vanilla as possible — to other inmates and the staff.

2. Keep your head up — literally.

Eye contact in the free world is considered polite, but in prison, looking at someone for too long is seen as a challenge, as in much of the animal world.

So, while you should keep your gaze low, you don’t want to stare at the floor, which would give the impression that you’ll be an easy victim.

3. Absolutely DO NOT accept gifts.

Accepting an offer of a package of ramen noodles or a hygiene item from another inmate is never simple generosity. Nothing is free in prison.

Consider it a transaction that creates a debt similar to a high-interest loan. In a few days, your “new friend who is so nice” will return to collect, and the repayment price will not be noodles. It might be your commissary privileges or physical self-respect.

So, decline all gifts, but politely.

4. Maintain a respectful distance from staff.

One of the most ill-advised and life-threatening things you can do as a first-timer is to try to develop friendships with the correctional officers and staff.

This could get you injured or even killed if other inmates see you being overly friendly with a CO. The message you are sending is that you are a snitch.

Likewise, being disrespectful to a CO is an invitation for a host of subtle, yet nasty, annoyances. So don’t be a jerk.

5. Understand the many aspects of respect.

“Mike,” a longtime client who has been in and out of prison, described respect in the joint this way: “In the free world, I deserved no respect because of what I had become.

Yet, in prison, the most despicable people demand respect. Respect is a matter of life-and-death, often meted out by people who never respected anyone on the outside.”

He described how this single concept is so powerful:

• It creates boundaries for personal space and conduct. Invading someone’s personal space, touching their possessions or sitting on their bunk is considered a sign of disrespect.

• Having manners and showing consideration for others is obligatory. Say “please,” “excuse me,” “thank you” — these simple words can prevent a fellow inmate’s anger from erupting.

• Newbies are often told to “be a man of your word.” If you lie or refuse to make good on your debts, the result is often violence.

• Stay “solid,” which means “don’t snitch on others.” And “keep your head down” by not messing with other inmates’ concerns.

6. Keep family and friends close by writing to them often.

Having the emotional support of people on the outside should not be taken for granted. Those who love you want to know that you are OK, so write to them often. Ask them to write back, and this way, at least mentally, you can escape the prison walls.

7. Read. Go to the library.

Mentally removing yourself from confinement will help prevent your own decline. Use the educational resources that are offered. Get your GED or even a college degree, as these things will enable you to establish a more normal life once you are released.

8. Remember your objective — going home.

All of our clients have stressed the importance of visualizing walking out that main gate the day of your release.

This will happen as long as you don’t create trouble for yourself while inside by causing fights, committing other crimes that add to your sentence or a host of other bad decisions that only hurt you.

Three years later …

Both Molly and Ray called our office three years later and asked for another Zoom session. I had almost forgotten them by then.

“You scared me, Mr. Beaver,” Ray told me. “I could not forget how you described life in prison. I woke up, dumped my bad friends and am just about to graduate from college and will become a physical therapist.

“I was really mad at you at first,” he went on, “but then I realized that you were trying to help me. All I can say is thanks.”

Molly said nothing. Her tears spoke volumes.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post A Wake-Up Call and a Healthy Dose of Terror: How to Survive Your First Days in Prison appeared first on Dennis Beaver.

February 24, 2026  • By Dennis Beaver

When several contract medical professionals at a major West Coast health care center were informed they would be required — and not paid — to attend a six-hour OSHA safety course, plus a one-hour in-house course on email phishing, I heard about it from multiple people. Needless to say, they were not happy, so they complained to management.

But it gets worse. One of the people who reached out to me wrote that after the complaints, “The CFO announced, ‘We figured a way around that. We’ll just have our intermediary log on and take the test(s).’ That’s not only (deceptive), but identity theft! Dennis, can you imagine that?”

Yes, I sure can. It looks like this: “Will the responsible person please raise their hand? Good. Now, go home, grab a toothbrush and kiss your family goodbye, because you might be going away for quite some time.”

This situation is perplexing for another reason: These medical professionals can each easily generate $2 million in revenue yearly, sometimes far more. So requiring them to pay for the required courses leads me to conclude that management was standing behind the door when common sense was handed out.

When your family doctor is owned by private equity

Do you have a family doctor? Probably not in the sense of a doctor who has her own general practice right downtown, is her own boss and makes her own medical decisions about your family’s welfare. It’s likely that a private equity firm, “Big Medicine” (what I’m calling the firm that owns the health care center I’m writing about) purchased her practice, and she now works for, and is beholden to, their bottom line.

It is no secret that the major consolidation of physicians’ offices and regional medical facilities — especially in radiology and cancer treatment — has been linked to patient dissatisfaction and significantly higher rates of unhappiness and burnout among physicians.

Anyone who doubts that should check out the report The Harm from Private Equity’s Takeover of Medical Practices and Hospitals by Andrew Schlafly, general counsel for the Association of American Physicians & Surgeons.

One physician friend compared what is happening to American medicine as “a version of the 1958 movie The Blob, in which a gelatinous alien from a crashed meteor begins consuming everything in its path.” (It’s a great flick, by the way, and free to watch online.)

Mr. CFO, will you please talk to me?

Of course, I wanted to verify what my medical sources were saying, so I phoned the main office where they work and asked to speak with the CFO, but wouldn’t you know it? He was too busy. So, I left my number so he could call me when he had some time to talk, and it has been days with no return call.

Next, I called the headquarters of Big Medicine, reached its equivalent of a media spokesperson’s office and left a polite request for a callback. You can guess how that turned out. Very few corporate employees are going to admit to a journalist, “Yeah, we were going to commit the kind of fraud that could land one of us in the slammer.”

Analysis from a labor and employment attorney

Over the years, several labor and employment attorneys have become friends of this column, providing insight into job-related issues that have greatly helped my readers.

When I ran what I knew by “Kate,” in Dallas, she said, “It is difficult to believe that management would be so reckless to save a few dollars, have an employee fraudulently assume the identities of these physicians and take the tests.

“But stupid, cheapskate decisions by people who should know better pay (attorneys’) bills.” (Kate asked not to be identified so she could speak bluntly.)

I asked her, “Does it make a difference if the medical professionals were actual employees or working as independent contractors and their employment agreement specified they were responsible for the cost of all required government tests or continuing medical educational expenses?”

She had a commonsense answer. “What their contract specified is not the issue,” she replied. “Trying to commit fraud on OSHA and assuming the identities of the physicians — that is the essence of what could boomerang down hard on whoever came up with that idiotic idea.”

What the employers face

If the people at this business actually carry out this fraudulent plan, they might want to know that submitting false documentation to OSHA regarding employee safety training constitutes a willful violation that can lead to criminal prosecution, up to five years in prison and substantial fines of more than $156,000 per violation. Knowingly falsifying records regarding training is a federal crime.

Whistleblower protections for reporting fake OSHA compliance

You would be surprised at the number of business owners we have briefly had as clients who were little more than crooks with a city business license, where providing safety equipment or being truthful on CAL-OSHA filings was seen as merely optional.

When employees discover these shenanigans, they feel torn between protecting their own jobs and reporting violations, which often include:

• Creating records of safety inspections or training classes that never occurred

• Falsely dating maintenance logs to mask missed servicing

• Hiding workplace illness or injury reports to conceal accidents

So, what can employees, like my readers, do?

First, gather evidence — copies of fake reports and photos — and store them in the cloud, under your own control rather than on a company-issued cellphone.

Report this to OSHA or your state’s version of OSHA. Both offer protection for whistleblowers.

Your employer would love for you to first speak with Human Resources or the compliance office where you work. However, most employment attorneys I know recommend against that to avoid retaliation, which happens even though it is illegal.

It is also a good idea to speak with an employment lawyer before making these reports, but you’ve got to be careful. Research the firm and individual lawyer(s) to see what other kinds of cases they handle.

You’ll want to avoid any personal injury mills across the country that advertise “We’ll fight for you,” even if they claim to specialize in employer-retaliation suits.

I would also highly recommend you check out my article Beyond the Bar: Your 5-Step Guide to Discovering Whether a Lawyer Is Shady.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post An Executive’s ‘Idiotic’ Idea: Skip Safety Class and Commit a Federal Crime appeared first on Dennis Beaver.

Recently, I was invited to speak about navigating etiquette and work culture at the 2025 California State University Bakersfield Career Conference hosted by SHRM (Society for Human Resource Management). I’ll be presenting alongside Dr. Luis Vega, a friend of this column and dean of Social Sciences and Education. I’d also like to give a shoutout to CSUB students Kimberly Mitchell and Sarah Varela for welcoming me to the conference.

When I asked several HR consultants and hiring managers from across the country for suggestions on what to tell students, the overwhelming response was: What comes first is getting hired. They all shared some of the things they might consider when interviewing prospective job candidates.

Repeatedly, I heard that the actions that will help or hinder an applicant from getting the job are often the same behaviors that lead to success or failure at work — getting along and being polite to one another, both of which go to the very heart of etiquette and work culture.

On condition of anonymity, the HR professionals agreed to share with me how they size up job applicants, sometimes being quite blunt about the reality of job interviews today.

1. First impressions really do matter

Your tattoos, piercings and hairstyle can have an impact on whether a hiring manager will consider giving you a job. Depending on the role and the employee’s contact with customers, many employers do not care if you have visible tattoos as long as they are not offensive.

Every hiring manager I spoke with said they were turned off by certain piercings and inappropriate tattoos. They all said that if someone shows up with piercings (beyond the usual ear piercings), it is an automatic no.

Bottom line: If the job requires in-person contact with the public, the HR pros said employers will skip hiring someone whose appearance makes them seem unapproachable.

Also, if you show up to the job interview in, say, shorts and a T-shirt, you likely will not get hired. By taking care to dress professionally, you’re showing that you respect the interviewer and your potential employer.

Similarly, once you’re hired, if you will not respect company dress codes — for instance, insisting on dressing in an inappropriate way on the job — you will not stay employed. “Being yourself” is fine, but you still have to follow the rules.

2. Your actions during the interview are especially important

If you lack enthusiasm for the position you’re interviewing for or don’t thank the interviewer for seeing you, that can indicate you do not want to be there.

You should also be sure to ask the interviewer questions, such as:

What do you like most about working here?
What do you expect from a person in this position in the first 60 to 90 days?
This shows the hiring manager that you have a healthy dose of curiosity and will be able to communicate well with coworkers and management.

Maybe it shouldn’t even need to be said, but don’t talk back to the interviewer or give the impression that you think you’re running the interview.

Don’t say things like:

Why are you asking me this? Don’t you need someone, anyone, right now?
It’s just a receptionist position, so why do I need to have my tattoos covered?
How I dress doesn’t matter — I’ll be behind a computer, so no one is going to see me.
You are correct: With that kind of attitude, no one will ever see you.

3. Your online presence gets a look

Through a Google search, some interviewers will become aware of information about you such as your political views, the church you attend, who you hang out with and other issues based on your photos, chats and videos.

Some states have strict rules against hiring managers accessing this information without signed consent from the applicant, but sometimes it happens anyway. If something disqualifying is discovered, the hiring manager should disclose it to the applicant and give them the opportunity to explain. Should does not mean that this process is definitely followed.

Depending on the job and risks to the employer, employees and the public, some hiring managers feel a background check should be required. What the applicant posts online is a gateway into their mindset.

4. Worth repeating: Your social media can work against you

Once you put something online, it is out there and stays there. Be sure that your profile is set to private, but it’d be better to simply not disclose your passion about social/political issues.

If it is something you might not want a future employer to see, don’t post it. Ask yourself, “How could this hurt me months or years down the road?”

Also, don’t share information about your club memberships or special interests. The professionals I talked with noted that that info might make a hiring manager think, “Now I am aware they are in a protected class or activity, and I am not taking chances.”

Good hiring managers won’t let that info affect their decisions, but it can and does happen.

5. Your actions before the interview matter, too

The people who are not part of the interview process can still provide valuable feedback to the hiring manager. How you treat, say, the person who arranges your travel to the interview can, and likely will, get back to the hiring manager.

If you’re a jerk to the person at Reception when you check in for the interview, they might tell the interviewer, “This guy was rude to me. I am not sure he would be a good fit here.”

6. Asking the following things can turn off hiring managers

What’s the work-life balance? Instead of asking about this in your interview, research the company’s policies by visiting its website to find out if it offers such perks as flexible work hours and remote work. You can also read employees’ reviews about working at the company on sites like Glassdoor and Indeed.
If I have obligations outside of work — family or personal — can I leave work early? Asking this tells the employer that you might have too many demands outside of work that could interfere with you getting your job done. It gives the impression that you are entitled and expect the employer to work around your needs.

Some final notes

The HR professionals noted that even if you do everything right in the job interview and have the skills to do the job, you might not get hired because of profiling. People are human and have biases. They might have had a personal experience with the applicant or someone whom the applicant reminds them of, leading them to feel that, because of their past experience, this person might not be a good fit. Fair? No. But it’s human nature, though good hiring managers will genuinely try not to let their biases affect their decisions.

Also, the HR professionals noted that most companies aren’t in the business of handholding. Once you’re hired, do not expect your employer to provide nurturing or wellness. Employers are not responsible for your happiness. If you’re not happy with your life in general, you should explore options outside of work to resolve those issues.

Each of the people I interviewed had similar closing advice for what to do in job interviews: You should focus on what you bring to the table — your knowledge, skills and ability.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post College Grads: This Is What Hiring Managers Are Thinking (But Won’t Admit) appeared first on Dennis Beaver.

Recently, I received an email from “Ivan,” a young university graduate with a business degree and IT specialization. He and several friends from college established an IT service company in the Midwest, with an eye toward emulating “the relaxed work-should-be-fun image that many tech companies in Silicon Valley portray.”

“My father is a CPA,” Ivan wrote, “and tells me this would be risky and that no one talks about the fun factor’s share of work-related injuries while scaring away visiting clients. What is your recommendation? I think all employees need to enjoy their workday, and some horseplay is healthy. Thanks, Ivan.”

Sure, some horseplay at work is healthy, but a concussion isn’t. We’ve all seen images of a happy, playful workplace presented by tech companies — employees dashing around on Rollerblades, basketballs hurling through the air, an atmosphere more like an elementary school playground than a serious business enterprise. Indeed, more than one business writer has asked, “Where is the adult supervision? Doesn’t anyone among these young start-up CEOs care about workplace safety?”

I checked in with Marinor Ifurung, a senior human resources consultant with KDG Law in Southern California. “There are real consequences when a work environment invites accidents,” she said, “and that’s something HR consultants are critically aware of. Zooming around the office on Rollerblades — accidentally knocking a co-worker to the floor — or someone getting hit in the head by a basketball thrown by an employee encouraged to make the workplace a fun place predictably results in injury, medical costs, time off work and financial loss to the employer.”

She added, “HR is often faced with the human side — the emotional side — of workplace safety not being taken seriously, from mom-and-pops to the largest corporations. Often, it is the last thing newly formed companies spend much time” thinking about.

Ifurung and her colleagues Tiffany Cutler and AnduAlem Yohannes talked with me about the nuances of these issues.

Maintaining a safe work environment is legally required

Cutler: In all states, OSHA requires employers to have measures in place to establish a safe work environment: Work must be accomplished in a safe manner, the worksite itself must be a safe environment. What safe is, or what is required to meet that definition, is occupation-specific and often modified by various state laws.

It is one reason that anyone going into business who plans on hiring employees should obtain guidance from an employment lawyer or an HR consultant who works with new businesses.

So often, people who start their own businesses discover the hard way that safety violations are costly.

Yohannes: OSHA’s mantra, “A Safe Workplace is Sound Business,” recognizes that safety is an investment in an employer’s most valuable asset — its employees. Prevention of injury and illness is simply good business, and this requires a dedication of resources — not just to keep the business owner out of trouble — but to encourage a culture of safety on the job.

Glaring safety failures and consequences

Ifurung: One of the most disturbing situations we see are employers not carrying workers’ compensation insurance. Most people would think workers’ comp is a given, but you would be surprised at those who feel they don’t need it. The excuse is often, “We’re too small and don’t need it, but if we do, then we’ll get it.”

The consequences of their failure (or frugality or even lack of concern for their employees) can dwarf the cost of the insurance. They can include the employer being held personally responsible for the cost of medical care, including future treatment, lost wages, penalties into the thousands of dollars, and, in some cases, actually going to prison.

Also, a “stop order” may be issued in some states that prevents the company from functioning until it has obtained workers’ comp insurance.

Surprise safety visits by state or OSHA investigators who are looking for noncompliance issues often result in fines. Also, employees are encouraged to anonymously report safety violations to OSHA.

Lack of safety training and reporting

Ifurung: A lack of safety training is a well-documented factor in workers’ comp claims. Employees are told to “work safely,” but are not trained in how to use potentially dangerous equipment. Safety training should never be a “one-shot” deal; it should be continuous.

Cutler: Senior managers and line managers should have the same goals, and workers’ safety should be seen as mission-critical. Companies could develop reward systems, and then safety would become continuous, and people would not become complacent.

Yohannes: A clear policy for reporting injuries — or even closes calls — needs to be established so employees know what their obligations are and who they should go to. It is essential to make clear that there will be no retaliation or discrimination just because a worker reported a workplace injury or safety risk.

How to become informed of your obligations

How can entrepreneurs with no prior experience with workplace safety issues become informed?

Ifurung: There are many workplace safety consultants that provide training and facilitate compliance with safety regulations with the aim of reducing the risk of accidents and injuries. Most workers’ compensation insurance companies conduct seminars and free webinars. These resources have a large online presence, so that’s a good place to begin.

Concluding our discussion, she added, “Safety is everyone’s job. According to OSHA, 80% to 90% of serious injuries are caused by human error that can be prevented by giving site safety training. More than 99% of all accidents are preventable.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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“Mr. Beaver, everyone has heard the saying ‘(the love of) money is the root of all evil.’ In our small business and at home, that statement is so true, as money is messing up our lives,” wrote “Bart” in his email. “My wife and I, as well as our three teenage sons, work in my father’s brake and muffler shops. Both my mom’s and dad’s families experienced the Great Depression of the 1930s. Dad is constantly worried about not having enough money and is frugal, bordering on miserly, despite being a millionaire.

“Mom — and my wife — are polar opposites of Dad with their overspending, showering the boys with things that make the ladies happy, while sending the wrong message to our sons. I do not want our kids to let money issues damage their lives, as I have seen it do to several of our friends, but no one listens to me when I point out how messed up we are. Is there some book that deals with these issues I can have everyone read?”

Bart’s question came in at the right time, as I had just finished reading a book that is so on point with his questions. Written by financial planner Elizabeth Husserl, The Power of Enough: Finding Joy in Your Relationship with Money is a valuable read, especially for families with kids in high school, college and just starting out in life.

The ‘DNA of scarcity’ makes money the scapegoat

When I explained Bart’s situation to Husserl, she said, “Your reader is describing his father’s financial DNA of scarcity — of money, food or shelter — experienced by people who have gone through war, famine, persecution and financial collapse.”

This scarcity becomes a scapegoat for two reasons, according to Husserl:

Behavioral problems. Extreme frugality, to the point of being perceived as miserly, is a result of one’s financial DNA, as a parent’s attitude toward money and wealth is often passed along to following generations even when the reason for that fear of scarcity no longer exists.

“This mindset results in a form of mental hoarding, where wealth is trapped through excessive frugality, preventing us from experiencing the freedom and joy it offers,” she said. “Instead, there is an obsession with compound interest, saving and investing, just to accumulate, to see it on our spreadsheets. As in Bart’s family, some rebel and become spenders.

Damaged relationships. It’s common for children of overly stingy parents to rebel by spending excessively, as if there’s no tomorrow. Feeling unnecessarily deprived in childhood, they make money the scapegoat and often “shower their children” with gifts to compensate. However, this can unintentionally deprive their kids of learning how to fulfill their needs in meaningful, non-monetary ways.

“You can easily wind up raising an entitled, spoiled child who is headed to failure as an adult with money, spending and responsibility issues,” Husserl notes.

Business owners often fail to enjoy the money they’ve earned

One message that resounds in The Power of Enough applies specifically to business owners and many professionals, especially to members of my occupation, and that is failing to translate business wealth into personal wealth. Three words sum it up nicely: More is less.

“One of the saddest things financial advisers so often see are business owners unable to translate business wealth to personal wealth,” Husserl observes. “They are elated as the business is growing, growing, growing, yet they don’t take capital off the table to enjoy today by investing in time with their family.

“So they get stuck, unable to walk away from their job for an appropriate interval, always on, forgetting or feeling guilty if they do pause, recalibrate and redistribute. It comes at the expense of not only enjoying their money in the present moment, but enjoying their time, and ‘Oh my gosh. What happened? Eighteen years passed, my kid graduated, and now I’m ready to retire. But they’re out of the house. Are they only going to remember me as a super workaholic parent?’”

If some of this sounds familiar — perhaps in your family, or with someone you know — go online and find the 1970s Harry Chapin song “Cat’s in the Cradle.” Ask yourself, “Do these lyrics make you wonder if your time with family is slipping away?”

I know several lawyers whose inability or unwillingness to put family before all else cost them more than one divorce and messed up their kids. They felt cheated by life and law practice, especially in Big Law, where it is all about the law firm — birthdays, anniversaries and all the other events that occur over a year and bring family together are considered secondary.

The need to talk about money

Husserl says discussing money and attitudes toward money is critical to developing a healthy relationship to money in a marriage and family. “There are often signs early on if that person is honest where money is concerned. If they admit to maxing out credit cards and using one to pay the other, something’s wrong, and unless dealt with, if this continues into marriage, the foundation for a divorce has already been poured.”

The Power of Enough is a uniquely accessible road map to the enjoyment of money and what it can bring. Written by a seasoned financial adviser who has seen the results of how mismanaged money can lead to mismanaged lives, this is one highly valuable read.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Is Money Messing Up Your Family’s Life? appeared first on Dennis Beaver.

If you enjoy taking cruises, and are at or approaching retirement age, chances are you’ve seriously considered the possibility of living on a cruise ship instead of moving to a retirement community.

And that is exactly what New York attorney and author Peter Antonucci did in 2014, purchasing a $1.6 million apartment on The World, a residential cruise ship, and spending six years traveling the world in the company of some of the wealthiest people on the planet.

He has written several best-sellers inspired by his years at sea, the most recent, Tides of Betrayal.

Things to Consider

I asked his advice for anyone curious about buying into a residential ship. He listed these important factors:

(1) How old is the ship?

Many 20- to 30-year-old cargo vessels are being reconfigured as residential ships. With boats and airplanes, the thing you always ask about is engine hours, similar to miles on a car. Safety and a ship’s age are inextricably related, no matter how good the maintenance.

(2) Conduct in-depth due diligence.

The average person who is not using attorneys or accountants is often unable to perform an adequate due diligence on a ship and be comfortable. If I am going to spend $400,000 for an apartment on a ship, I want to know if it is a viable investment.

You wouldn’t buy a house without an inspector!

Often the financials do not include such things as fuel costs and port fees, which can exceed $40,000 a night. So, if they don’t have or fail to disclose operational expenses, including port charges, how much of any one destination will you be able to actually visit and get to know?

It is important to understand that unlike residential ships, virtually all cruise ships must spend as much time as possible at sea. There are rules about not opening the shops when docked, the sale of alcohol, gambling — they have to be at sea to make their money.

The typical cruise yields little cultural enrichment because so few hours are spent at any one port, as contrasted with several days for a residential ship.

(3) The Boredom Factor

If your ship makes a repeat circuit — Caribbean, Greek Islands, Western European countries — how many times do you want to visit the same places over and over again?

(4) Available medical services

It must have a doctor who is either a GP or certified in emergency medicine.

(5)What level of quality can you afford? Holiday Inn or Ritz Carlton?

You are not going to get Ritz Carlton service and attention to detail at Holiday Inn prices, so that is a huge consideration when looking to purchase an apartment on a ship.

Pluses and Minuses

(6) The more you travel, the more enlightened you become.

Becoming immersed in other cultures is life enriching and leads to more intelligent, respectful conversation about other religions, life styles, expanding one’s horizons, and discovering that people basically aren’t all that different.

(7) You are not going to be there when and if:

— Something serious happens to a family member.

— There are weddings and graduations, unless you plan ahead and have the means to fly back and forth.

— You are going to miss your friends. Skype and Zoom? Unless these are offered free or at a greatly reduced cost, internet charges are prohibitive and often slower than dial up.

Who is not Well-Suited to Reside on a Ship?

(8) A residential ship is a small community floating around in a steel can.

It gets to be gossipy, petty, like the cliques in high school. To some extent, it is like being in a fraternity or sorority where you need to get along with most people. A residential ship might be compared to a condo, but a ship is small and when you walk out of your apartment, you are still on the ship, unlike a condo.

Someone who is unadaptable is not well-suited to life on a ship, as a lot happens beyond their control, such as the weather. Certain ports at the last minute are difficult or impossible to enter. If you can’t deal with change you’ll have a problem.

Or a person with a chronic health issue or who does not want to admit it winds up in deep trouble.

Who is Well-Suited for Life on a Ship?

(9) A person in good health, with a great sense of adventure is ideal.

Someone curious about the world who can let things roll when they are in a less than ideal situation — in terms of weather, and people.

Antonucci concluded our interview with this caveat: “Living on a ship can take a real toll on your terrestrial friendships and relationships.”

Tides of Betrayal makes you a fly on the wall of the fictional people living on a residential ship. You get to know them. I’ll bet, that no jurors ever fell asleep in any trial where it was “Peter Antonucci for the defense.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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“I run a small agricultural services business in the South and our lawyer — Emma — wears several hats. She handles not only business matters, but family law and is occasionally appointed to handle criminal defense cases. Emma has no other attorneys in her firm — she is it. Recently, we’ve noticed that she seems sad, down, angry all the time and has become difficult to reach. We are worried about her and the possible impact on us. Have you got any suggestions on something that we can say to her? Thanks, ‘Theo.’”

I ran Theo’s question by New York psychotherapist Dr. Elizabeth Eckhardt, director of the Nassau County Bar Association’s Lawyer Assistance Program, which provides confidential services to lawyers, judges, law students and their families struggling with mental health and substance use issues. She is also a lecturer for LearnFormula, a provider of continuing education courses for lawyers across America.

Clients don’t realize how much stress is on their lawyer

“Clients are often unaware of the tremendous stress their lawyer is likely under,” Eckhardt says, adding, “The legal profession has one of the highest rates of divorce, substance abuse, depression and suicide of any occupation. This is not a job for the faint-hearted, and the glamorous image of lawyers on television or in the movies is pure fiction. Lawyers who suffer the most — and are hard to reach — are in small and solo practices, as your reader describes Emma — and are not inclined to seek help, in part because they are overwhelmed and are very much alone.”

Why lawyers are at risk

“Lawyers have type A personalities and often reveal a maladaptive perfectionism. I would suggest anyone considering a career in law to read (the commentary) Big Law Killed My Husband: An Open Letter from a Sidley Partner’s Widow.”

Eckhardt points out that it is not a unique story. “Often, attorneys do not seek help even though they are suffering from having taken on or been assigned too much and refuse to say, ‘No! I can’t take on any more.’ There is a reluctance to ask for help, as they are the ones that people go to for help and not necessarily those who need the help themselves.”

And then there’s vicarious trauma

The anecdote of lawyers resorting to a high-octane liquid lunch, seeking relief from feeling like a client’s well-being is in their hands — especially in divorce, immigration and criminal matters — is real.

In law school, students are rarely asked how long they could stand working in a public defender’s office, where they are often told to confuse a jury in any way possible with a clearly guilty defendant. They’re not asked how it might affect them if they must try to defend drunk drivers or work for insurance defense firms that seek to deny the payments of justifiable claims. In short, some lawyers have to lie for a living while being well paid, wearing “golden handcuffs” and not being financially able to leave their jobs.

“The frequent result is vicarious trauma,” Eckhardt notes, “that, over time, becomes cumulative, leading to apathy at work that compromises their ability to practice effectively and can result in isolation from friends and family. All of this often culminates in severe emotional problems.”

What are the signs of trouble, and what can clients do?

Eckhardt outlines steps a client should take when concerned about their lawyer’s behavior, especially when the lawyer is not responding to calls or emails, and when to consider changing attorneys.

Be assertive.

Keep a detailed record, a paper trail, of your attempts to reach your lawyer and the different people you’ve spoken to. This shows your due diligence.

Contact your local or state bar association.

If you are getting nowhere by asking for help from others in the same law firm, then reach out to your local bar association or state bar. Someone from the bar will contact your lawyer, and this might be the only nudge you need to get things moving.

Patience is not a virtue if you are being ignored. If you:

Have attempted several times to reach your lawyer without success
Have expressed your concerns to others in the same firm with no results
Are feeling that your needs are not being met
Have been told that the original timeline is nowhere near being respected without good cause
Then, assuming you are current with your payments, indicate that you are considering seeking other counsel.

Do not be silent

Eckhardt concluded our interview on an upbeat, positive note: “In a very real way, clients who speak up, who are assertive and raise these issues, can do so much good, for themselves and their attorney — or former attorney. All states and territories have lawyer assistance programs that are lifelines for lawyers in trouble, and their clients.”

If you or someone you know may be considering suicide, call or text 988 (in the U.S.) to reach the 988 Suicide & Crisis Lifeline, available 24 hours a day, seven days a week. Or use the Lifeline Chat. Services are free and confidential.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post What to Do if You’re Concerned About Your Lawyer appeared first on Dennis Beaver.

Have you or someone you know ever been let go from a job, not because of something that you or they did, but just because the boss could? In all states but one, most employees are “at will,” meaning, in general, that they can be let go for any legal reason.

And that can be terribly unfair.

“But it is different in Montana. This state, with a population of less than 1.5 million, may very well have one of the most significant roles to play in the ability of employers to release someone for virtually any legal reason, immediately and without the need to prove justification,” observes New York attorney Steven Kelly, former associate commissioner at the New York City Department of Consumer and Worker Protection.

Kelly, who is a friend of this column and lectures for LearnFormula, a provider of continuing education courses for many state bars across the country, added, “If you remember the hysterical Peter Sellers movie The Mouse That Roared, that’s Montana. While it is too soon to call it a trend, there is reason to believe the worker protections Montana enacted decades ago might be considered by other states, bringing our country in line with the rest of the world.

“In fact, ‘just cause’ as a basis for termination is being debated in a number of state legislatures, while New York City and Philadelphia already have similar laws in place.”

‘At will’ Permits Flexibility But Creates Uncertainty

Flexibility is often cited as a justification for hiring “at will,” where employers are free to hire and release to meet staffing needs, but they must act within the law. Employees are able to quit at any time. But many people in HR will admit that the result is uncertainty and often, a greater amount of fear for most employees than you find in countries where a job is more along the lines of a property right and can’t be terminated without justification.

The Fallacy in Advice to Business Leaders

For this column, I interviewed a number of business leadership experts. Every one of them recommended creating psychologically safe environments that encourage employees to honestly share their feelings and opinions.

But, as Kelly observes, “Without something along the lines of a just-cause basis for termination, employees are still reluctant to speak truth to power. When they do, far too often they are fired. For example, last year, much of the world was fixated on the Titan submersible disaster that imploded during its effort to visit the Titanic.

“Warnings of its danger were ignored — and the employee who predicted failure was fired by the company’s owner. That could not happen in a just-cause jurisdiction. But this scenario is not unique.”

Employers Need to Adopt Best Practices

Kelly points out that no employee should be surprised that they are being terminated.

“It is clear that movements to empower workers are gaining momentum. While ‘just cause’ may not happen overnight, employers — from mom-and-pop small businesses to large corporations — may need to retool their procedures for dealing with employees at risk for termination, out of basic fairness and in order to avoid wrongful-termination lawsuits,” he underscores.

An Employee Handbook is Essential

And let us not ever forget the risk of workplace violence committed by an employee who had no idea of impending termination.

HR consultants and labor lawyers recommend that the way to keep all employees on the same page is to have an employee handbook.

“Best practices dictate beginning with a well-drafted employee manual that sets out job descriptions (what is required), what can lead to a disciplinary process and what’s going to take place during that process. It should include addressing the issue in a prompt manner and seeking input from the workers themselves,” Kelly recommends.

“As these are difficult conversations, it is critical that employers contemporaneously document the interaction and treat everyone in a consistent manner.”

Employers shouldn’t go it alone

“The handbook should be written with the help of counsel,” Kelly adds. “While this might seem to be a burden to a small-business owner, in today’s highly litigated environment, every business needs to have access to counsel well-versed in current laws who can help draft the handbook.”

I asked, “Won’t some question why?”

“Yes, and because, this is an area where it’s critical to partner with legal counsel at the very beginning, and not wait until you’re at the point where you’re making a decision to fire someone, or perhaps have already. An attorney can assist in drafting the employee handbook and also making sure everything that you’ve written in there complies with the law.”

Our interview concluded by Kelly asking this question: “Is your employee manual comprehensive enough to take into consideration virtually every scenario that the lawyer thinks your business, based on its size and on the number of employees, could encounter?

“Given the ever-changing nature of laws related to hiring, disciplining and terminating workers, it certainly better be.”

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