Archives---September 24, 2000
Congratulations to Debbie Monosson

1994, April, Western Association of Equipment Leasing Conference
Monterey, Calif. (With John Colton)

She didn't tell me at the United Association of Equipment Leasing Conference the weekend before last, but on September 7 she succeeded her father A. "Sonny" Monosson, who started Boston Financial and Equity in 1968.

His company was one of the first to take very high risk credits, specializing in high technology equipment to venture start-up companies. Its first client was NASA when it leased a DEC 780 computer to them. The U.S. Government only wrote one year leases at that point in time, and Boston Financial took the risk of getting the DEC 780 back after one year. That computer brought back the first photos of Mars and Venus for the world to see.

Their clever cartoons appear in many industry newspapers and often are faxed to brokers from whom they seek business. While the commissions are usually only one percent and usually paid thirty days after the funding of the lease (that is my personal experience), they have a definite niche in the marketplace.

A press release says Debbie joined Boston Financial & Equity Corporation on September 11, 1989, as a National Accounts Executive. Debbie calls on Vendors, Venture Capitalists, Banks, Finance companies, and Leasing companies selling Boston Financial & Equity's High-Risk Leasing services. During those years and the following years, Debbie worked with the Credit department, the Advertising department, and the Accounting department.

Debbie is active in outside organizations in the financial community. She was elected to the Board of Directors of the Commercial Finance Association and subsequently to its prestigious "Executive Committee".

During the same period of time, she became a Trustee of the Equipment Leasing & Finance Foundation and subsequently its Treasurer. Other business interests include the Massachusetts Institute of Technology Enterprise Forum, where she serves on their Board of Directors. In addition, her activity in the Eastern Association of Equipment Lessors resulted in her election to its Board of Directors.

Debbie was promoted to Vice President in 1982, Vice President of Marketing and Sales in 1993, Senior Vice President in 1996, and added the responsibilities of Clerk of Boston Financial & Equity Corporation in 1998. Debbie received her BS degree in Business from Skidmore College and an MBA from Boston University.

Adolf F. "Sonny" Monosson has moved to the position of Chairman of the Board where his day to day activities will not be line functions but board level decisions only. For more information, contact Sonny Monosson at (617) 267-2900. And if you can't reach him, ask for Debbie. She usually takes most of his calls, anyway.

Today

Deborah Monosson
President & CEO
Boston Financial & Equity Corporation

Past Chairperson, Commercial Finance Association;
Past Treasurer, Equipment Leasing and Finance Foundation;
Former Board member, Equipment Leasing & Finance Association,
Past board member MIT Enterprise Forum of Cambridge and Association of Corporate Growth, Boston
Named by Leasing News as One of the Most Influential Women in Leasing
http://www.leasingnews.org/Pages/influential_women.htm

 

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Classified Ads---Executive Management

(These ads are “free” to those seeking employment
or looking to improve their position)

Tampa, FL Executive leader accomplished in leasing operations, finance, sales and marketing seeking new opportunity. Capitalizes on strategic, ideation, communication and analytical strengths to identify opportunities, formulate solutions and articulate strategies that drive increased sales productivity, incremental revenue, operating expense reductions and customer acquisition and retention. Reg.Lindholm@gmail.com

Free Posting for those seeking employment in Leasing:
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

 

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Lessor Found Liable for Embezzlement
 in North Carolina Bankruptcy Court

By Tom McCurnin
Leasing News Legal Editor

Principal of Leasing Unlimited, George Barnhart, Found Liable for Embezzlement in Disguised Sale-Leaseback Transaction
Where  He Kept the Proceeds of the Leaseback

Leasing Unlimited of Southern Pines, Inc., West End, North Carolina,
was incorporated December 15, 1987 and specialized in farm equipment. At the time, it was employing nine people, according to a Google search. The company had a “dealer agreement“ with financial institutions such as Wells Fargo and discounted leases, receiving “commissions” for brokering lease arrangements between the lessor and the lessee, determined by the discount rate of the bank. George Salisbury Barnhart was president, director, chief operating officer, and sole shareholder of Leasing Unlimited of Southern Pines, Inc. He is listed in LinkedIn.

Charles Obern is president of C & B Farms, a vegetable-producing farm that is incorporated in Florida. He also owned the building where Leasing Unlimited leased office space. C & B Farms needed cash to allegedly purchase irrigation equipment. In August 2009, Mitch Watson, an independent contractor working for Leasing Unlimited, approached Charles Obern about a financing arrangement, he called a “sale-leaseback” between C & B Farms and Wells Fargo, whereby C & B would provide Wells Fargo with title to its equipment in exchange for a lease in the amount of $142,000.00. The lease was for a term of fifty-five months with annual payments of $38,156.05; the first payment was due in June, 2010. FN3 (Pl.'s Ex. 1.) C & B Farms was to receive the $142,000.00 within two weeks after execution of the Equipment Lease Agreement pursuant to the “Sale-LeaseBack" Arrangement.”

“The Bill of Sale lists Leasing Unlimited as the seller and Charles Obern as the buyer of John Deere pumps. (Pl.'s Ex. 1.) It is signed by Charles Obern, president of C & B, but not by Debtor or any agent of Leasing Unlimited. (Pl.'s Ex. 1.) The Equipment Lease Agreement, on its terms, was a two-party agreement between C & B Farms and Wells Fargo. (Pl.'s Ex. 1.) There is also no document offered into evidence of the broker-financier arrangement between Wells Fargo and Leasing Unlimited. The Debtor and C & B Farms, however, agree that the Lease–Back Arrangement was between Wells Fargo, Leasing Unlimited, and C & B Farms. The parties to the litigation do not dispute the payment terms of the Lease–Back Arrangement.

“FN3. There was an agreement that C & B Farms would not be billed until after the farm harvest. (June, 2010)”
                Barnhart Case

In November 2009, Wells Fargo wired $145,958.46 to Leasing Unlimited as Lessor. The Company's practice was to retain a portion of the funds as profit and remit the balance to the lessee. But Barnhart pocketed the proceeds and never remitted the funds to Obern. January 6, 2011, Barnhart filed a Chapter 7 Bankruptcy. 

Wells Fargo commenced a lawsuit in Iowa, September 10, 2010, which eventually was stayed pending Barnhart’s bankruptcy proceedings.  Obern commenced an adversary action in Barnhart’s bankruptcy contesting to Barnhart’s discharge.  Obern claimed that Barnhart embezzled the “sale-lease back” monies. Barnhart claimed that it was his company, not him, that did the actions, and despite the fact that Barnhart used his position of control of the company to commit fraud, the company had over a million dollars in assets at the time of the event, so the Court would not pierce the corporate veil.

Barnhart testified that even though Leasing Unlimited did not hold regular board or shareholder meetings, the Debtor would meet with the assistant secretary for meetings on an as needed basis to make corporate decisions. The assistant secretary would record and sign the minutes to the meetings.

Barnhart also claimed that he had no contact with Obern, and that his salesman Mitch Watson, structured the “sale-lease back.” Therefore, the Court ruled that Barnhart did not owe Obern a fiduciary duty.

It should be noted Mitch Watson was not present at the trial as neither party could locate him prior to the trial.

Finally, Barnhart claimed that he did nothing wrong, but the Court held that as sole signor to the check book, and with knowledge of the transaction, he allowed the corporate funds to be diverted and knew that Wells Fargo’s funds were not disbursed to Obern. Thus, the Barnhart knowingly misappropriated property that belonged to C & B Farms that was entrusted to him.

The Court held that Barnhart’s obligations to Obern were not discharged.  This case did not directly deal with C&B’s obligations to Wells Fargo Bank, and given the fact that no money was ever paid to C&B, one questions what the Iowa Court will do this issue.

The lessons for the equipment lessor have to do with trust and underwriting.

• First, if the reader is a funder, only do business with a lessor that has a strong background with a long period of service.  If local laws require the lessor to be licensed, such as in California, then those lessors should be licensed. (A bank in California can do business with a non-licensed lessor for an operating lease or if transaction is on bank documents).

• Second, if the reader is a lessor, the receipt of funds from either the lessee or the funder creates a fiduciary relationship. Those funds are not the lessor’s until the deal is finalized. Pocketing those funds will only subject the lessor to liability in the future, and loss of reputation.

• Third, if the reader is a lessee, then only do business with a reputable broker or lessor. The lessee might want to check with Leasing News, also Yelp, Ripoff Report, maybe BBB, or other on-line sources to determine the reputation of the broker to whom the lessee’s money is being entrusted.  Obviously, any brokerage agreement should be read and the responsibilities and right to payment should be crystal clear. Definitely, check on line to determine if the broker or lessor is required to be licensed in your State.

• Fourth, if this was a “sale leaseback” known to the bank, other procedures should have been followed, including UCC search, and other requirements.

• Fifth, don’t do “sale leasebacks.”

The bottom line to this case is that this is an unfortunate situation where the lessor simply walked away with the customer’s money
with the bank evidently holding an empty bag. 

Barnhart Case - Westlaw
http://www.leasingnews.org/PDF/BarnhartCase2014.pdf

C&B Farms Ruling
http://www.leasingnews.org/PDF/CBfarmsCourtRuling2014.pdf

Tom McCurnin is a partner at Barton, Klugman & Oetting
in Los Angeles, California.

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com
Previous Tom McCurnin Articles:
http://www.leasingnews.org

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

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Barry Marks Equipment Finance Program for Community Bank
September 25 Telephone Seminar Sponsored by ICBA

 Well-known bank, finance, and leasing Attorney Barry Marks will explore different equipment finance programs you can easily implement during this 60 minute webinar, with Q&A available.

Thursday, September 25, 2014
Time: 11:00 am EST | 10:00 am Cen | 9:00 am Mtn | 8:00 am Pac
Length: 60 Minutes  

Topics covered include:

• The creation of in-house equipment finance programs
• Purchasing syndicated paper (not the same as brokered deals)
• Working with vendors to create vendor origination programs and retail installment sale financings
• Creating discounting and brokering programs from the bank's perspective
• and most important: how to evaluate the benefits and risks of each.

Barry will also address state licensing and usury, potential liability for third party claims and a host of legal and tax issues.

Presenter: Barry Marks, Marks & Associates
Barry has been in this business for nearly 40 years, and has conducted several webinars and over 100 live speeches, classes and seminars on these and related topics.

Pricing	Attend Live Webinar w/Interactive Q&A	Order CD	Download Webinar
ICBA Members	$189	$209	$209
Nonmembers	$289	$309	$309

 

1 CPE Credit 
Program Level: Basic-Intermediate
For more information, call 800-422-7285. 
Register online now! Online payment now accepted! If you do not wish to pay online, please use the printable registration form. 

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U.S. Savings Bonds

Time to invest in America, and get the tax savings too of a U.S. Savings Bonds.

According to www.savingsbonds.com, "Over 50 million Americans currently hold approximately 637 million paper savings bonds, worth nearly $178 billion."

 SavingsBonds.com, reportedly the leading non-government website valuing over $1.1 billion worth of savings bonds for over 275K investors’ savings bond management account.

They can provide a savings bonds calculator with an inventory report of what it means to you.  Here is a link to their Savings Bonds Calculator:
http://www.savingsbonds.com/savings-bond-calculator/savings-bond-calculator-tool.cfm

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2015 NEFA Officers and Directors Elected
Directors Terms Up

At the National Equipment Finance Association’s 2014 Funding Symposium, in San Antonio, Texas, Tara Aasand, Account Manager, LeaseTeam, Inc., was elected as 2015 President.

Joining her was Gary Souverein, President/COO, Pawnee Leasing, as Vice President.

Gregory "Greg" T. Nappi, CPA, CFO at DDI Leasing, Inc., was elected Treasurer

Stephanie Hall, Vice President, Third Party Originations at Bryn Mawr Funding as Secretary.

Also on the Executive Committee, Immediate Past President, Kyle Gilliam, CLP, President, Arvest, Equipment. Finance.

 

Directors at Large, 2015

Kip Amstutz
Partner
360 Equipment Finance

Michael "Mike" Coon
Vice President
LCA Financial at
Lease Corporation of America

Dennis Dressler
Attorney
Dressler/Peters, LLC

Anna-mary Geist
Manager, Tax Research Counsel
Taxware, LLC

Doug Houlahan
CFO
Maxim Commercial Capital, LLC

Bryan Inman
Business Development Manager
Great American Insurance

Gabe Jarnot
SVP Business Development
Northland Capital Financial Services, LLC

Daryn Lecy
VP of Operations at Stearns Bank N.A.
Equipment Finance Division

Marc Keepman
President/CEO
KLC Financial, Inc

Jenna Lund
Business Development Manager
Channel Partners, LLC

Nicholas "Nick" Ross
Vice President
Bank of the West
Business Development Executive
for Financial Services
San Francisco Bay Area

 

Outgoing Officers and Directors

Jim Merrilees, CLP
Vice President
TIP Capital
Past President
United Association of Equipment Leasing

David Normandin, CLP
Senior Vice President
Banc of California
President, CLP Foundation

Bruce Smith, CLP
Owner
Diversified Capital Credit Corporation

John Rosenlund, CLP
Director - Risk Management
Portfolio Financial Servicing Company
Immediate Past President, National Equipment Finance Association
Past Treasurer, Director, CLP Foundation

Diane Williams
Vice President/Controller
Bankers Leasing Company

John Rosenlund, CLP, Immediate Past President, was honored with the Chris Walker Memorial Member of the Year Award  "for his many years of selfless and dedicated service to NEFA.”

 In 2013, he was awarded the Certified Leasing Professional Foundation award for six years of service on the board of directors.

(David Normandin, left, presents award)
(Photo by Mary E. Armstrong, CLP, FinPac)

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Leasing Industry Help Wanted
 

 

Collector, Atlanta, GA Experienced, calling 11-90 day delinquent customers, assisting Asset Re-marketer with delinquency reporting, weekly reporting to home office. Sales, Chicago, Atlanta Work out of main office and satellite. Heavy phone sales calling on both independent dealers and end users (cold/warm calling), marketing, weekly reporting to management. Outside territorial salespeople will also be considered. Contact: Michael Testa 312-881-3133 mtesta@secondcityleasing.com www.secondcityleasing.com Financing for Commercial Truck & Trailer, Exotic, High Line, Vintage & Classic Automobiles, Taxi, Livery & Paratransit

 

 

For information on placing a help wanted ad, please click here

Please see our Job Wanted section for possible new employment

 

Sales Make it Happen by Steve Chriest

6% of Time Spent Selling

A major sales consulting firm estimates that most salespeople spend no more than six percent (6%) of their available working hours talking to prospects and customers in person or on the phone about whether the customer or prospect wants to grow their business or fix a problem in the business. Excluding telemarketers, where then do most salespeople spend their time?

Not surprisingly, effective time management is a challenge for many salespeople and sales managers. What is surprising is how much time and money is spent by sales organizations desperate to teach their sales teams how to spend their work time wisely and efficiently. Even a cursory look at the essential activities of salespeople reveals all you need to know about time management for the sales team.

For most salespeople, there are only six essential tasks for which they are responsible: prospecting, qualifying, facilitating orders, closing business, maintaining customer relationships, and reporting activities to management. With the exception of continuing education, a salesperson can plan his or her days, weeks, months and years around these essential activities. The trick is to exclude as many activities as possible that do not impact at least one of these essential tasks.

Because all companies need revenue, and salespeople are paid to close business, closing business is the number one priority for most salespeople. It seems obvious, then, that salespeople should not let anything stand in the way of closing current business with customers.

Whether a salesperson prospects as a hunter, or is continually on the lookout for additional opportunities to do more business with existing customers, prospecting for business is the second most important activity for all salespeople.

Why? Without a constant flow of new prospects, or new prospective business from existing customers, a sales pipeline or funnel quickly runs dry.

Once prospects are identified, salespeople must qualify the prospects as a fit for the products or services offered. There are few things in a salesperson's working life that are worse than spending gobs of time with prospects who cannot or will not do profitable business with the salesperson's company or that do not clearly fit the company’s credit
parameters.

As business from a number of prospects and customers begins to move through the salesperson's pipeline, time must be spent facilitating activities that cause that business to move toward closing. It's here that salespeople waste most of their time. Whether the salesperson is at fault, or whether operational inefficiencies make it necessary for salespeople to baby-sit order processing, this activity robs many salespeople of precious selling time.

Salespeople must spend some time cultivating and growing their relationships with customers. This essential activity can take many forms, from regular visits to the customer's place of business, researching solutions to customer challenges, to arranging entertainment events like business lunches and dinners, sporting events and so on.

Finally, as bitter a pill as it is for salespeople to swallow, sometime must be spent reporting activities and the results of activities to sales management. After all, if sales managers did not receive reports from their team, what on earth would they do with their time? But seriously, management should always require reports from the sales team, not for the purposes of micromanagement, but for the value of the intelligence to be gained from feedback reported by the sales team.

This responsibility has been enabled considerably with the rapid development and implementation of CRM platforms such as Saleforce.com, Goldmine, Act!, etc.  These platforms are most undervalued by salespeople for the time they take, but these inputs of information about the customer/prospect, the deal, timing, obstacles to close, customer decision-makers and process, etc., are necessary to inform and enable the multiple support teams that ultimately help to bring the deal to fruition.  They are also the key players in post-sale customer relationship maintenance that, properly informed, can be a source of repeat business with minimal sales person effort

Keeping the main activities of sales in mind - prospecting, qualifying, facilitating orders, closing business, maintaining customer relationships, and reporting activities to management  should help salespeople and managers prioritize and allocate selling time. Does anyone really need a time management class to tell them to do essential selling activities and stop doing everything else during selling hours?

About the author: Steve Chriest is the founder of Selling UpTM (www.selling-up.com), a sales consulting firm specializing in sales improvement for organizations of all types and sizes in a variety of industries. He is also the author of Selling The E-Suite, The Proven System for Reaching and Selling Senior Executives and Five Minute Financial Analyst, Basic CREDIT & Analysis Tools for Non-Accountants. He was the CEO of a very successful leasing company and executive at a major company. You can reach Steve atschriest@selling-up.com.

Sales Makes It Happen Articles:
http://www.leasingnews.org/Legacy/index.html

 

((Please click on ad to learn more))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

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August Commercial Bank Lending Data Shows Growth
SNL Financial Report
by Civya Lulla

Aggregate loans and leases at U.S. commercial banks increased by an annualized 6.9% in August, a little lower than the annualized 7.7% growth recorded in the second quarter, according to the Federal Reserve's Sept. 12 weekly H.8 release. Deposits, on the other hand, dipped slightly, falling by an annualized 0.8% during August.

Loans and leases held by banks averaged $7.773 trillion in August, up $45.5 billion from July while average deposits declined $5.30 billion month over month to $10.226 trillion in August.

The Federal Reserve's H.8 report presents estimated aggregate balances of assets and liabilities at commercial banks in the U.S. The Fed estimates the data by benchmarking weekly reports provided by a sample of banks to quarter-end call reports and calculates the monthly estimates by averaging the weekly estimates for the month. The Fed includes all domestically chartered banks and U.S. branches and agencies of foreign banks in its definition of "commercial banks" and seasonally adjusts all data.

The Federal Reserve defines large commercial banks as the top 25 domestically chartered commercial banks ranked by domestic assets as of the last call report filing. Small commercial banks comprise all domestically chartered commercial banks not included in the top 25. Commercial banks include the U.S. branches of foreign banks in addition to domestically chartered banks.

Loans

Average loans and leases at small, domestically chartered banks grew by an annualized 6.07% to $2.641 trillion between July and August, while large commercial banks grew average loans by an annualized 5.66% to $4.365 trillion in August.

Commercial and industrial lending grew by an annualized 11.99% during August among U.S. commercial banks. Small banks grew their loans by an annualized 6.70%, while their larger peers increased lending at an annualized 11.02% during August.

According to second-quarter call report data, Wells Fargo Bank NA held the most residential loans in the industry with a balance of $244.11 billion.

Consumer lending increased by an annualized 4.07% during the month, averaging $1.184 trillion in August, up from $1.180 trillion in July. Credit cards and other revolving plans increased by an annualized 4.35% during the month, while other consumer loans rose by an annualized 3.77%. Consumer lending grew by an annualized 2.78% for small, domestically chartered banks, while their larger counterparts recorded an increase of an annualized 4.62% in their consumer lending portfolios.

Real estate loans maintained the pace of prior periods and increased by an annualized 2.66% in August. Revolving home equity loans declined, while commercial real estate loans and closed-end residential loans rose during the month. Small domestically chartered banks recorded an annualized 7.54% increase to $112.10 billion in their revolving home equity loans portfolio during August, while large commercial banks closed the month with an annualized 10.23% decline to $348.90 billion in their revolving home equity portfolio.

Deposits

Deposits at large commercial banks averaged $5.893 trillion in August, down by an annualized 0.14% from $5.894 trillion in July. Small commercial banks grew average deposits to $3.193 trillion, up by an annualized 0.34% from $3.192 trillion in July.

Unrealized gains and losses

Unrealized gains increased in August, with commercial banks reporting $11 billion in gains, up from $9.20 billion in gains reported for July. Unrealized gains at large commercial banks rose during the month, with the group posting $11.90 billion in gains, compared to the $9.90 billion reported in July. Unrealized gains at small commercial banks fell to $500 million in August, compared to $1 billion in July. U.S. branches of foreign banks account for the remaining $300 million of unrealized gain reported by the commercial banks.

 

Chart - People Spend Over $9,000 On Alibaba Every Second
by Dave Smith, Businessinsider.com

In case you hadn’t heard, China’s e-commerce giant Alibaba just had the world's biggest IPO in history.

But if you thought Alibaba's revenue was explosive, get this: Based on estimates from The Economist, charted for us by Business Insider Intelligence, Alibaba shoppers spend an average of $9,368 each second. This is an incredible feat, especially when you consider Amazon shoppers spend less than half of that value ($3,691) each second. Users on eBay, which once tried to compete with Alibaba in China, only spend about $2,775 each second. In other words, Alibaba sells a ton of stuff, and consumers feel very comfortable buying all of it.

 

John Kenny  Receivables Management • End of Lease Negotiations & Enforcement • Fraud Investigations • Credit Investigations • Asset Searches  • Skip-tracing • Third-party Commercial Collections john@jkrmdirect.com | ph 315-866-1167| www.jkrmdirect.com

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

 

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How to be a “Leasing Expert Witness” 
and Make Extra Income
By Christopher Menkin

Many in the leasing industry make their full living as an "expert witness," and others pick up $3,000 to $5,000 and more for their experience in the states where they have had leasing experience. Some firms specialize in it, such as The Alta Group.

Even attorneys experienced in leasing and finance ask for experience, opinions, testimony, and often just plain "feedback" from those with niche market experience from small ticket to large ticket and specifically special industries.

You may have the experience to assist in resolving a dispute, supplying testimony as to common practices, or defining the procedures in the leasing marketplace. You may also help mediate a settlement or be able to explain “leasing jargon” or give insight into current practices.

You are to be impartial, meaning you are not to represent the attorney and his client who hired you, but to give you unbiased “expert” testimony only. In trial, you may be called as an “expert witness,” to give your professional opinion.

Attorneys and their client will pay you for your expert testimony. This could be from $150 to $450 an hour, including traveling time, waiting time, lodging and food, too. I have been in cases where each side has two or more expert witnesses. While situations vary, it is possible to earn from $5,000 to $10,000 for your time in one case.

This column will explore the basics, such as “C.V.”, agreement, and arriving at basic fees to charge, as how to be known that you are available.

Every expert witness, and in fact, every attorney, has a “C.V.” It stands for “Curriculum vitæ.” It is Latin for "course of life." It basically is a summary of academic and professional history and achievements.

Some begin with a short paragraph: a summary. It should only be a few sentences, then list your education, then employment in the leasing industry.

If you have testified in any matters as a witness, it is best to list them. If you are hired and the opposing counsel wants to learn about you, one of the requirements is listing previous cases along with the attorney’s name and address. Some may require a brief description of the case.

You may have a short version and a long version, depending on its use in a publication or a court room. Samples “on line” follow this article. You may be questioned in a deposition, so don’t exaggerate in your “C.V.” Tell the truth or it will come back to haunt you as opposing counsel will look for anything that diminishes your reputation or opinion.

You can vary your fee per case. It is most common that your fee equals the attorney hourly fee. It is best to first talk with the attorney on the telephone to understand what may be required. This conversation is generally free. Don’t give any opinions at this time. Listen. If there is research to be done or to understand what you may be hired for, ask the attorney for an estimate of the time. Ask him what he expects to pay you. Most often, they may turn it around. You may say the fee varies and you want to learn more about the “situation.”

To learn more, you may guess (never underestimate.) If it is four hours, make sure he sends you a check along with the documents before you proceed, or when you arrive at his office, you want a check first. I walked away from one he didn’t have a check ready, or couldn’t get one. It is not the way I want to start a “relationship.” Also as a witness, even if brought to an office by a subpoena, you are entitled to a fee. I made one attorney give me cash, that I signed for. Collecting from an attorney is not something that I look forward to. No money, no performance. Attorneys ask for a retainer. You should, too, particularly when you give an opinion that doesn't help and therefore they don't want to "hire" you. If you want to give up being paid for a “free hour,” that is up to you.

There are printed and internet expert witness directories where attorneys can find your “C.V.” and explore your ability to help them; geography may make a difference, your experience in your niche may benefit all parties, and you can be paid for your experience.

You can advertise in state and county bar directories, regional books, national books, legal notice newspapers, or on the internet as (list them.) Or on your web site as Ken Goodman, CLP does: http://www.leasegood.com/

Or have one specific as "expert witness" with a tool bar of skills as does attorney Joseph G. Bonanno, CLP: http://equipmentleasingexpertwitness.com/

Or as noted in Bob Teichman, CLP, Linkedin.com page:
www.linkedin.com/in/bobteichman/

The best is referral and getting your name out that you are available. Making yourself available to those in your geographic neighborhood who may need your “expert” services is the first thing to do.

Here is a form that you can download for a fee and use on your computer (you can view it on line, too.) It covers mileage, waiting time, administrative time, research time, court time, and you need to decide what you are worth an hour and work backwards from there. Usually travel time is half your regular time and often court time is 1 ½ your regular time. Don’t forget your parking receipts. In San Francisco, that can be $35.00 easy. Also a clause that if you have blocked out time for a case and it is settled right before the date, you can be reimbursed as often attorneys put this clause in their contracts with clients;

Expert Witness form
http://www.4expertise.com/Contract_for_Expert_Witness_Services.html

Other advice on being an Expert Witness:
http://expertpages.com/news/cv_checklist.htm

Equipment Leasing Expert Witness on line:
http://www.romingerlegal.com/expert
http://expertpages.com/experts.php/leasing_california.htm
http://www.almexperts.com/home

 

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##### Press Release ############################

2014 Survey Reports Expert Witness Hourly Fees
Record  All-Time Highs

The demand and compensation for qualified and credentialed expert witnesses has now reached its highest level in the almost 20-year history of the ExpertPages Survey.

Sausalito, California---Expert witness work is in! That was evident as ExpertPages.com released the findings from its 2014 Expert Witness Fees & Practices Survey. With litigation of all types becoming increasingly complex, the demand and compensation for qualified and credentialed expert witnesses has now reached its highest level in the Survey’s 16-year history.

The nearly 600 experts surveyed reported earnings that averaged $326 an hour for their expert work, an increase of 3.2% from ExpertPages’ 2012 survey. They also reported a 15% increase in the average number of new assignments accepted.

Physicians were the highest hourly earners, averaging $470 per hour while devoting less than one day per week (18% of their professional time) to litigation related activity. Technology, Internet & Intellectual Property experts topped the chart at $61,128 in terms of average earnings per assignment, although their hourly rates averaged $416 per hour.

“Expert witness work is a part-time activity for most experts, and it is highly lucrative,” explained Gerry H. Goldsholle, Founder & CEO of ExpertPages.com and its parent Advice Company. He added that most expert work involves preparing analyses and reports, rather that testifying in court. “As the stakes are becoming higher, lawyers and insurers are retaining experts more often, and bringing them in sooner, as courts are increasingly rigorous about requiring experts to support their conclusions. All that is driving greater demand and higher fees for qualified experts,” Goldsholle explained.

ExpertPages 2014 Survey Report also illustrates the dramatic changes in the professional growth of Expert Witnesses. “Serving as an expert has always been rewarding work. When we began ExpertPages.com 20 years ago expert witnessing was a cottage industry, in which a relatively small circle of experts primarily generated assignments by word of mouth. It’s come a long way since then. Now several experts reported annualized earnings of over $1 million from their expert witness assignments, and some of the highest earners were new to expert witness work,” Goldsholle added.

A 9 page Executive Summary of the Survey – including data by experts’ field of specialty, practice setting and experience – is available for free download in PDF format, at http://goo.gl/lIuxOi  The full Survey Report is available for purchase on Amazon.com.

About the Survey
The ExpertPages biennial Survey of Expert Witnesses Fees & Practices has been tracking expert witnesses and litigation consultants since 1998. This year’s Survey, conducted by an independent research firm, is based on the confidential responses from almost 600 experts in numerous fields throughout North America. Of the total, approximately half were current ExpertPages accredited Members and half were not. The Survey questionnaire asked more than 20 questions, with additional questions added to enable respondents to elaborate based on their field of expertise or earlier responses.

About ExpertPages
The original and premier directory of expert witnesses and litigation consultants, ExpertPages links attorneys, law firms and legal professionals to thousands of leading experts throughout North America. In addition to finding a remarkable list of highly-credentialed experts, the site features free, comprehensive articles written on a variety of law topics, timely blogs, and hands-on advice on working with attorneys.

### Press Release ############################

 

Labrador Retriever Mix
East Bridgewater, Massachusetts Adopt-a-Dog

Lena
ID: #14-09-22-00199

Compatibility: Good with Most Dogs, Good with Kids and Adults
Personality: High Energy, Very Submissive
Health: Needs to be Spayed, Vaccinations Current

Lena is an adorable, sweet puppy who is looking for her forever home! She is approx. 10 weeks old. Very friendly and playful. Loves to cuddle up with you and lay in your lap. We are working on her house training and she is doing very well for her age. She sleeps in her crate at night. She is up to date on all shots. She is not spayed due to her age. Her adoption fee is $350 but after proof of spaying you will receive a $50 refund. Will you give Lena the forever home she deserves?

Contact: Lauren Gostanian 5084564559

RescueMe.org
Massachusetts Dog Rescue

Adopt a Pet
http://www.adoptapet.com/

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The 2014 Toronto International Film Festival
by Fernando Croce, Leasing News Movie Reviewer

The Toronto International Film Festival is one of the most respected fests not just because of the quality and variety of entries from all the corners of the world, but also because it allows audiences an early glimpse at many of the movies that will make news in the upcoming few months. Here are some of the most anticipated titles.

Eden: The ebb and flow of the music French scene is the setting for this decade-spanning drama, focusing on a young DJ (Felix de Givry) as he hops from nightclub to nightclub and from one missed opportunity to the next. Director Mia Hansen-Love (“Goodbye Young Love”), who based the protagonist on her own brother, once again displays her talent for capturing the emotional wavelengths of her characters.

Goodbye to Language: Arguably the greatest living filmmaker, the legendary Jean-Luc Godard (“Breathless”) proves his experimental mojo with this astonishing film. Shooting in 3-D, the story follows a couple’s stormy relationship, though plot is less important here than Godard’s barrage of inventive technique. Employing an intricate, avant-garde play of sound and image, this is visually stunning, moving, difficult, and unmissable.

The Imitation Game: Benedict Cumberbatch stars as Alan Turing in this lavish biopic about the life of the British computer scientist. Though he played a key role during WWII and helped the Allies defeat Nazi Germany, he was also condemned for his lifestyle in the years that followed. Directed by Morten Tyldum and with a supporting cast that also includes Keira Knightley and Matthew Goode, it won the festival’s prestigious People’s Choice Award for best film.

Jauja: Viggo Mortensen stars in this mesmerizing period drama from Argentinean auteur Lisandro Alonso, set in the Patagonian desert. Mortensen plays a Danish father venturing into the wilderness after his daughter runs away with a local soldier. The story suggests a retelling of John Ford’s The Searchers, until it takes a sudden metaphysical turn. Filmed with a painterly palette and a poetic eye, Alonso’s film is ravishingly enigmatic.

The Look of Silence: Released last year, Joshua Oppenheimer’s documentary The Act of Killing took a shattering look at Indonesia’s brutal past by interviewing the perpetrators of terrible crimes. Now comes a companion piece to that film, this time focusing on the victims of the country’s violent history. Though Oppenheimer’s sequel is at once more polished and less surreal than the original, it remains just as chillingly essential.

Mister Turner: British veteran Mike Leigh (“Secrets & Lies”) has captured many a difficult character on film, but few as unapologetically so as the protagonist of his latest release, 19th-century painter J.M.W. Turner (an award-winning performance by Timothy Spall). Largely centering on his relationship to his devoted housekeeper, the film ponders the fascinating divide between the man’s boorish life and his gorgeous art.

A Pigeon Sat on a Branch Reflecting on Experience: A specialist in elaborate, often sublime tragicomedy, Swedish director Roy Andersson serves up his magnum opus with this acclaimed mosaic of human lives. Structured as a series of seriocomic vignettes, the film contemplates a daisy-chain of characters as they deal with love and death and try to retain hope in the face of misery. The result is a comedy-drama as unique as its title.

Pasolini: Better known for his harsh portraits of the underworld, Abel Ferrara (“The Bad Lieutenant”) mines an unexpectedly tender streak in this sensitive look at the last day in the life of controversial Italian director Pier Paolo Pasolini (excellently played by Willem Dafoe). Examining the man’s art as well as his daily life, Ferrara’s unconventional biopic is a moving portrait of a provocateur who always lived on the edge of the abyss.

Phoenix: Postwar Germany sets the stage for this haunting drama from director Christian Petzold. Nina Hoss gives a terrific performance as Nelly, a survivor from a concentration camp who, after plastic surgery renders her unrecognizable, sets out to find her husband. When she finds him, however, she becomes part of a complex scheme that suggests Hitchcock’s Vertigo told from a different angle. Stylish, involving, and packing quite an emotional wallop, this is one of the festival’s very best.

Tokyo Tribe: A purveyor of outrageous cult items, Japanese director Sion Sono outdoes himself in this one-of-a-kind action-musical, which plays almost entirely to a soundtrack of Japanese rap. Based on a popular comic-book, the plot follows the travails of a young woman who finds herself smack in the middle of a gang war—each gang brandishing its own musical rhythm. An exhilarating ride for adventurous viewers.

  

News Briefs----

KeyCorp chairman/CEO Beth Mooney named most powerful woman in banking
http://www.crainscleveland.com/article/20140922/FREE/140929977

The Most Powerful Women in Banking
http://www.americanbanker.com/women-in-banking/gallery/the-25-most-powerful-women-in-banking-2014-1070053-1.html 

FDIC sues former Bank of Commonwealth officials - Negligence
http://hamptonroads.com/2014/09/fdic-sues-former-bank-commonwealth-officials

Merger would give Sunflower Bank a big stake in trust, investment business
http://www.kansas.com/news/business/article2213711.html
 
America’s most iconic beer brands are being bought by foreign investors.
http://www.washingtonpost.com/news/business/wp/2014/09/23/nations-most-iconic-beer-brands-are-being-bought-by-foreign-investors-so-what/

The Downfall of Watch City Brewing, Waltham, Massachusetts
http://www.boston.com/business/news/2014/09/23/the-downfall-watch-city-brewing/5H6LNKDzx5OrHD2xBaESqM/story.html

Starbucks to buy out Japanese partner for $913 million
http://seattletimes.com/html/businesstechnology/
2024610705_starbucksjapanxml.html

'ER' 20 years later: Where are they now?
http://www.sfgate.com/entertainment/slideshow/ER-Then-and-now-94012.php

 

 

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--You May Have Missed It

10 Android Smartphone Alternatives to the Apple iPhone 6
http://www.eweek.com/mobile/slideshows/10-android-smartphone-alternatives-to-the-apple-iphone-6.html?

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SparkPeople--Live Healthier and Longer

Farmers Market Food Finds
Local Produce is Healthier for You and the Planet!
http://www.sparkpeople.com/resource/nutrition_articles.asp?id=478

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Baseball Poem

When someone asks you your favorite sport
And you answer Baseball in a blink
There are certain qualities you must possess
And you're more attached than you think.
In the frozen grip of winter
I'm sure you'll agree with me
Not a day goes by without someone
Talking baseball to some degree.
The calendar flips on New Year's Day
The Super Bowl comes and it goes
Get the other sports out of the way
The green grass and the fever grows.
It's time to pack a bag and take a trip
To Arizona or the Sunshine State
Perhaps you can't go, but there's the radio
So you listen-you root-you wait.
They start the campaign, pomp and pageantry reign
You claim the pennant on Opening Day

From April till fall
You follow the bouncing white ball
Your team is set to go all the way.
They fall short of the series
You have a case of the "wearies"
And need as break from the game
But when Christmas bells jingle
You feel that old tingle
And you're ready for more of the same.
It will be hot dogs for dinner
Six months of heaven, a winner
Yes, Baseball has always been it.
You would amaze all your friends
If they knew to what ends
You'd go for a little old hit.
The best times you're had
Have been with your Mom and your Dad
And a bat and a ball and a glove.

From the first time you played
Till the last time you prayed
It's been a simple matter of love.

 

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Sports Briefs----

49ers' Colin Kaepernick used racial slur, says Bears' Lamarr Houston
http://www.contracostatimes.com/49ers/ci_26588990/49ers-colin-kaepernick-did-use-racial-slur-says

Grant Cohn: 49ers victims of identity theft
http://www.pressdemocrat.com/sports/2875753-181/grant-cohn-49ers-victims-of

The Microsoft Engine That Nailed The World Cup Is Predicting Every NFL Game
— Here Are Its Picks For Week 4
http://finance.yahoo.com/news/microsoft-engine-nailed-world-cup-204019983.html

Advertisers Navigate N.F.L.’s Handling of Domestic Violence Cases
http://www.nytimes.com/2014/09/24/sports/football/advertisers-navigate-nfls-handling-of-domestic-violence-cases.html

 

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California Nuts Briefs---

King fire containment grows to 37 percent, but wind poses threat
http://www.sacbee.com/2014/09/23/6729309/containment-of-king-fire-grows.html 

Groundwater rules will force change
http://www.sonomanews.com/groundwater-rules-will-force-change/#.VCIbTfldWVN

Litigation allies of Drakes Bay Oyster Co. appeal to higher court
http://www.marinij.com/marinnews/ci_26585474/litigation-allies-drakes-bay-oyster-co-appeal-higher

[headlines]
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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Wine execs concerned about growth of craft beer, specialty spirits
http://www.pressdemocrat.com/home/2875200-181/wine-execs-concerned-about-growth

Survey: California wine industry adapting to aging baby boomers, foreign competition, drought
http://www.sacbee.com/2014/09/22/6727951/survey-california-wine-industry.html

Wine & Spirits Magazine Unveils the 2014 Top 100 'Wineries of the Year'
 leading up to the 11th Annual Top 100 Tasting Event
http://www.winebusiness.com/news/?go=getArticle&dataid=139144

Sudden Storm Smashes Tuscan Vineyards
http://www.wine-searcher.com/m/2014/09/sudden-storm-smashes-tuscan-vineyards

Ancient Industrial Winery Unearthed
http://www.thedrinksbusiness.com/2014/09/ancient-industrial-winery-unearthed/

Wings Over Wine Country Air Show
http://www.pressdemocrat.com/gallery/2866415-181/wings-over-wine-country-air

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm