Wednesday, August 8, 2012

Five Things You Need to Know If You Are Arrested

I was in court today representing a client on two burglary charges. While I was waiting for the prosecutor, I was chatting with a couple of other defense attorneys. Collectively, we noted that one of the things that seemed to be popping up more and more in our cases was that the police claimed our clients confessed to the crime. Running a close second was the fact that our clients consented to warrantless searches of their cars and houses.

So, the first thing I have to say is STOP. I mean it! STOP talking, STOP consenting. YOU DON'T HAVE TO, so knock it off. Please. You make our jobs impossible and you don't have to let them trick you into doing it.

In law school, my criminal law professor remarked one day that the one thing he wished he could do was get his client's to SHUT UP. After many years of defending people accused of crimes, I couldn't agree more.

So, short of the obvious, which is don't commit crimes or get arrested in the first place, here are five things  you need to know:

1.      Do not try to explain yourself. The police count on this. In fact, they encourage it. One of the most used interrogation techniques is to as you to explain. "Just help us understand, then you can go home..." It's a lie folks. They don't want to understand, they want you to confess. And, they know, if you keep talking, you will ultimately hang yourself.

2.      Do not make a statement - written or otherwise. Just like the Miranda warnings say - it can be used against you in a court of law. But, you must assert your Miranda rights - you must tell the police without any doubt you do not want to talk to them and you want a lawyer. Otherwise, they can keep questioning you. And, they will.

3.      Do not consent to any type of search. Even if the police threaten you. In fact, especially if they threaten you, do not consent. Do not let them in the house just to talk. Do not let them search your trunk on a traffic stop. Don't worry about the threat of a drug dog. And don't believe them if they tell you that they will let you go if you consent but, if they have to call for the dog, they'll put you in jail. If you confess or hand them drugs, they are going to put you in jail anyway. Seems obvious, but I have seen so many people fall for this. You do not have to consent to a search of your vehicle or you house. Politely refuse and ask if you are free to go. Make them get a warrant.

4.      Do not consent to take a lie detector test. Sorry, but this is another "technique." It is no designed to help  you, but to trick you. Bottom line, everyone fails. Did you hear what I said - everyone fails. Even if you pass, you fail. And then the detective walks into the room, shaking his head, and says something like "we have a problem..." And he goes back to point #1 - and trys to get you to explain yourself - to confess. I know a guy who got hooked up to a copy machine and they told him it was a lie detector. They used fake wires. He "failed." Then, they got him to confess to stuff he didn't do. Just say no. It's not admissible in court, but the confession you give is.

5.      ASK FOR A LAWYER RIGHT AWAY. Do not try to navigate these waters on your own. You will get burned. If you can't afford a lawyer, the court has to appoint you one. Get a lawyer. And don't talk.

If you have been accused of a crime and need legal help and advice or representation, call Attorney Bob Vogel at The Vogel Law Firm at 865-357-1949 or email rlvogel@robertvogellaw.com

We represent clients in State and Federal Courts and we also help them on appeal.



Tuesday, August 7, 2012

A Good Marriage - ten ideas to try before you call a divorce lawyer

I've been married to my wife coming up on 26 years. We've learned a lot about each other and relationships in that time. We have also learned that you never stop learning.

A portion of our business at the Vogel Law Firm is divorce and child custody work. I handle many different kinds of cases, but I will tell you this, family law is by far the hardest. It is the hardest for one, simple reason: people are in one of the most stressful times of their life.

Seems obvious, right? But, I will also share this: most of my criminal defense clients handle the threat of prison better than the threat of losing a relationship. And, most of my injured clients handle what, for some, may be a lifelong injury that will impact their quality of life with more grace than breaking up with a loved one.

So, before you pack the kids off to mom's so you can file on that guy, or before you get a hotel room so you can start looking for a more exciting woman, take the time to think about improving the marriage you have. Remember how much you treasured it when it first began. Isn't it worth saving?

I've included some words of advice from a wiser man than I, Dr. Phil. But I will comment on his last point - or, paraphrase it.

He says you teach people how to treat you and you can change it. I say that your marriage is the first place to start applying the golden rule: treat your spouse the way you want to be treated. Get that down, and you've got it made. Then, try it with your kids.

If you still think you need a family lawyer, call me, Bob Vogel at The Vogel Law Firm at 865-357-1949 or email rlvogel@robertvogellaw.com

A Good Marriage


After being happily married for 33 years, Dr. Phil shares some of his thoughts about what makes a marriage work:



  • The quality of a relationship is a function of the extent to which it is built on a solid underlying friendship and meets the needs of the two people involved.

  • You get what you give. When you give better, you get better.

  • If you put your relationship in a win/lose situation, it will be a lose/lose situation.

  • Forget whether you're right or wrong. The question is: Is what you're doing working or not working?

  • There is no right or wrong way to fix a relationship. Find your own way that works. But recognize when it's not working and be honest when it needs fixing.

  • Falling in love is not the same thing as being in love. Embrace the change and know that it takes work.

  • You don't fix things by fixing your partner.

  • Intimacy is so important because it is when we let someone else enter our private world.

  • You don't necessarily solve problems. You learn how to manage them.

  • Communicate. Make sure your sentences have verbs. Remember that only 7 percent of communication is verbal. Actions and non-verbal communication speak much louder.

  • You teach people how to treat you. You can renegotiate the rules.


  • Source: http://drphil.com/articles/article/53/

    Tort Reform Unconstitutional? Caps on Non-Economic Damages May Violate Your Right to Trial By Jury

    In an appeal from a Greene County Missouri Circuit Court judgment, the Appellate Court found that statutory caps on non-economic damages violate a person's right to a trial by jury. Thus, it was a violation of the Missouri Constitution. The Missouri Constitution is similar to many other State Constitutions and the U.S. Constitution, requiring the right to trial by jury.

    Non-economic damages include damages awarded to an injured plaintiff for things like pain and suffering, claims by a spouse or children for loss of consortium, severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, physical impairment and loss of a loved one.

    Because tort law has historically been a question of state law, states have the power to establish a constitutional right to a trial by jury in civil cases. Historically, juries have decided both the question of liability and the question of how much damages to award in tort cases, subject to instructions on the law by a judge. Several state appellate courts that have considered the issue have struck down damages caps as a violation of state constitutions. The Missouri decision is a recent and important one.
    It has been the ongoing practice to have juries assess non-economic damages on a case by case basis. Non-economic damages are the only compensation a jury can provide for the injury itself, as opposed to reimbursement of out of pocket expenses (economic damages) such as the plaintiff's lost wages, medical bills, and legal fees. This type of compensation is especially important for people who do not work outside the home, like the elderly, children, and homemakers. The "worth" of a homemaker's work inside the home is not easily measured by a dollar amount, and would only be compensated through non-economic damages.

    In Tennessee, these damages have been limited by the new tort reform bill passed in 2011, to $750,000 for all injuries and occurrences that allegedly caused the plaintiffs injuries or death. No matter what the plaintiff suffered during the course of the injury or death - no matter what the family of the plaintiff went through or how hard life will be on them going forward - this is the most they can recover, with one exception. See T.C.A. § 29-39-102.
    The lawmakers in Tennessee decided that if the plaintiff suffered "catastrophic loss or injury, then they could recover up to $1 million dollars. Catastrophic loss or injury, according to our legislature, is limited to spinal cord injury resulting in paraplegia or quadriplegia, amputation of two hands, feet or one of each, third degree burns over 40% or more of the body as a whole, or third degree burns over 40% of the face, wrongful death of a parent leaving a surviving child or children.

    That is it. So, if you are confined to a wheelchair, lost body parts, or have such severe burns that you will be scarred forever, then, you can get an extra $250,000. Isn't it nice to know what the legislature and the Govenor think you body parts are worth?
    Why did they do this do us? For economic development, of course. It is so that corporations will know the possible risks they face if they open up shop here. So, if a car company opens a plant and makes a car that blows up when hit from behind at low speed and you and your kids are burned on 35% of your body, you can't get more than $750,000 in pain and suffering and other non-economic damages. Look up the Pinto case that Ford had to deal with and see how a jury treated them. They gave much more to the injured parties because they needed it - it was justice.

    Well, big companies don't want you to have justice. Their lobbyists came in, bought your conservative legislature. Sold them on the notion that tort reform equals profits and got this unconstitutional legislation passed.
    In response to the decisions like that of the Missouri Court, legislators in Tennessee are trying to get an amendment passed to the Tennessee Constitution declaring caps constitutional. If they do that, they will limit your rights forever. But, they don't care, because they honestly think they are helping - or at least, helping themselves. But, this short sighted approach will roll back the hands of time to when corporations had a total disregard for public and employee safety.
    We must not let this happen.

    If you have been injured by a product, or if you have suffered an injury at work, in an automobile accident, or in a public place, contact Attorney Bob Vogel right away at 865-357-1949 at the Vogel Law Firm or email him at 865-357-1949.

    At the Vogel Law Firm, we fight for your rights.

     

    Monday, August 6, 2012

    Sears' Kenmore Dehumidifiers 107 incidents of fire damage, some smoke inhalation injuries and over $7 million dollars in property damage

    The Sears, Kenmore Dehumidifiers can overheat, smoke, melt and catch on fire creating serious fire and burn hazards. So far, 107 incidents have been reported. These incidents have cause more than $7 million in property damage. Further, several people have been injured due to smoke inhalation.

    If you have been injured due to the failure of this product, you have rights to protect. The manufacturer is responsible to you for damages to your property and to your health. Other damages may be available also if Sears knew about and ignored the hazard.

    To find out more information, please contact Attorney Bob Vogel at The Vogel Law Firm today by calling 865-357-1949 or email directly to Mr. Vogel at rlvogel@robertvogellaw.com to protect your rights.Time is important in cases like this, so contact us immediately if you have been injured or your property damaged by this or any other product.

    Sears Recalls Kenmore® Dehumidifiers Due to Fire and Burn Hazards

    WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firms named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
    Name of Product: Kenmore Dehumidifiers
    Units: About 795,000
    Retailer: Sears, Roebuck and Co. and Kmart Corporation, of Hoffman Estates, Ill.
    Manufacturer: LG Electronics (Tianjin) Appliance Co., Ltd., of Tianjin, China
    Hazard: The dehumidifiers can overheat, smoke, melt and catch on fire, posing fire and burn hazards to consumers.
    Incidents/Injuries: The firm has received 107 reports of incidents, with more than $7 million in property damage and three reports of smoke inhalation injuries.
    Description: This recall involves 35-, 50- and 70-pint dehumidifiers with a Kenmore logo on the front top of the unit, manufactured between 2003 and 2005. The dehumidifiers are made of white plastic and are between 21 and 24 inches tall, about 15 inches wide and about 13.5 inches in depth. They have fan and humidity controls on their top front panels and some models include remote controls. They come with front-loading water buckets. The model number can be found on the right side of the interior of the unit once the bucket has been removed. Recalled units have the following model numbers:
    35-pint (2004) - 580.54351400
    50-pint (2003) - 580.53509300
    70-pint (2003) - 580.53701300
    70-pint (2004) - 580.54701400
    70-pint (2005) - 580.54701500
    Sold Exclusively at: Sears and Kmart stores nationwide and Sears.com and Kmart.com from 2003 to 2009 for between $140 and $220.
    Manufactured in: China
    Remedy: Consumers should immediately turn off and unplug the dehumidifiers and contact the firm to receive a Sears gift card for either $75, $80, $90 or $100, which may be used at any Sears or Kmart store or at Sears.com or Kmart.com. The gift card amount will depend on the capacity and year of the dehumidifier. In lieu of a gift card, consumers may request a check for the refund amount. All consumers with recalled units will also receive a $25 coupon that may be used at Sears Department Stores or Sears.com toward the purchase of a new Kenmore dehumidifier.
    Consumer Contact: For additional information, contact the Recall Fulfillment Center toll-free at (855) 400-4641 between 8 a.m. and 7 p.m. CT Monday through Friday and between 8 a.m. and 2 p.m. CT Saturday, or visit www.Kenmoredehumidifierrecall.com
    Picture of recalled 35-pint dehumidifier Picture of recalled 50-pint or 70-pint dehumidifier Picture of recalled 70-pint dehumidifier
    580.54351400 - 35-pint (2004) 580.53509300 - 50-pint (2003)
    580.53701300 - 70-pint (2003)
    580.54701400 - 70-pint (2004)
    580.54701500 - 70-pint (2005)




    Location of model number for model numbers 580.54701400, 580.54351400 and 580.54701500
    Location of model number for model numbers
    580.54701400, 580.54351400 and 580.54701500




    Location of model number for model numbers 580.54701400, 580.54351400 and 580.54701500
    Location of model number for model numbers
    580.53701300 and 580.53509300


    ---
    The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov
    CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
    Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.
    To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotlinewww.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

    Friday, August 3, 2012

    Same Sex Marriage vs Christian Values or Why all Christian Men should have long hair, beards and no one should have a tattoo

    I know this is a dangerous topic. Many angry words have been flying around from both sides of this issue. It seems that both sides have forgotten that they are talking to other people - other human beings with feelings and rights. That is sad, because when we stop seeing the person on the other side of the argument, it becomes too easy to marginalize them and dismiss their point of view.

    Much has been said by conservative pundits that Christian Values must be, by their very definition, set in opposition to same sex marriage and homosexuality. I started to wonder about that and set out to determine if that is true.

    My first stop was the book of Leviticus, chapter 18, verse 22. This is one of the key verses that is quoted as a proclamation against homosexual relationships in general (note that the verse prohibits sexual relations between men, specifically). A quick review of the surrounding verses reveals that this verse is part of a laundry list of forbidden sexual activities which include incest, sex with close relations, sex with animals, and other such things. According to this chapter of Leviticus, these types of activities will defile a person.

    I continued to read through these laws into chapter 19. There are many valuable laws there including laws that prohibit idolatry, stealing, lying, deception, fraud, using false measures, withholding wages, cursing deaf people, tripping blind people, perverting justice and showing favoritism in court, slander, endangering your neighbor's life, hating your brother, seeking revenge, holding a grudge, mating different kinds of animals, planting different kinds of seeds in one field, wearing clothing woven from two kinds of material, eating meat with blood in it, making your daughter a prostitute, etc. There is much useful guidance in these verses, and many things that are forbidden.

    A couple of other laws that I find interesting, and relevant, are these: don't get tattoos, and don't cut the hair at the sides of your head or clip off the edges of your beard.

    Let's just take these last two as examples. I don't think anyone would argue that it is incorrect to take words out of context and use them to your advantage. So, to be fair, if you are going to invoke Leviticus 18:22 as an argument against homosexuality, based on the same standard, shouldn't all the men who argue this also have long hair on the sides of their heads and unclipped beards. And shouldn't anyone who supports that position have no tattoos?

    So, there must be more to these arguments. Are all Christians today bound by all the laws set down in Leviticus? If they are, it's pretty clear that we are all falling short in many places. What does the New Testament have to say about this?

    In Matthew 5:17, Jesus states: "Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them, but to fulfill them...until heaven and earth disappear, not the smallest letter, not the least stroke of a pen, will by any means disappear from the Law until everything is accomplished." Now, this verse has been the subject of many debates and many scholars disagree about its application. I'm no scholar, so I'll just use a plain reading interpretation based on what appears to be the main stream of thought on the subject.

    The Law of the Old Testament has not been abolished. But, what did he mean when he said he came to fulfill them? Most people interpret this to mean that he abided by all of them. Thus, he led a sinless life as measured by his obedience to these laws. He then died as a sacrifice for all the people of the world so that everyone could be freed from the punishment of death for the sins they commit during their lives. Thus, he fulfilled the Law.

    When asked about the Law and the Law of the Prophets by a lawyer, Jesus answered: "Love the Lord your God with all your heart and with all your soul and with all your mind.. This is the first and greatest commandment. And the second is like it: Love your neighbor as yourself. All the Law and the Prophets hang on these two commandments."

    Based on Jesus' answer, the modern Christian should center his belief system on these two commandments. A modern Christian should focus on loving God and loving his neighbor - this will put him in the right place according to Jesus. Jesus could not have made it more simple to understand - yet, as most of us know - very difficult to follow. Remember, too, when Jesus was pressed by a lawyer as to who would be defined as a "neighbor", Jesus told the parable of the Good Samaritan. Luke 10:25-37. This parable defines "neighbor" as someone we encounter who is in need.

    Christians are also warned about judging others. "Do not judge, or you too will be judged." Matthew 7:1-5. So, the Christian who judges someone else for their apparent sins will be judged by the same standard. Christians are advised to look into their own lives, first, and be sure they are not being hypocritical in their judgments - which, in most cases, they are. Instead, Jesus teaches us to love others and to forgive others. Luke 17:1-4.

    I have reviewed surveys that say that the Christian community has a divorce rate that mirrors or even exceeds that of the secular community. In other words, Christian marriages break up around 50% of the time, just like non-Christian marriages. I wonder about that because Jesus taught that the only justification for a man to divorce his wife is for adultery. Matthew 19:9 (this verse specifies that a man who does this and marries another commits adultery - it does not comment on women).

    Now, I wonder, based on these principles, how many Christians, if they follow Jesus' advice, are without sin and can judge someone else?

    One of the greatest teachers on the tenants of Christianity, Paul (St. Paul, Apostle Paul - as you like), also talked about the application of the Old Testament laws to our lives. Paul teaches very specifically that Christians are not under the Law.

    "But now a righteousness from God, apart from law, has been made known, to which the Law and the Prophets testify. This righteousness from God comes through faith in Jesus Christ to all who believe. There is no difference, for all have sinned and fallen short of the glory of God, and are justified freely by his grace through the redemption that came by Christ Jesus."

    Romans 3:21-24. Not only do these verses teach that Christian salvation is accomplished outside or apart from the law, but that the Law and the Prophets testify to it. This echoes the statement from Jesus that he came to fulfill the Law. In addition to that, there are a couple of immensely important statements here.

    First, this salvation is for "all who believe." All, everyone, no matter your race, place of birth, color, sexual orientation, height, weight, age, hair style, etc qualify. To underscore this statement, Paul says that "there is no difference." Why, because all, everyone, has sinned. Everyone. Everyone on both sides of the current debate has sinned. And, we all know it.

    Of course, the good news is that we are all "justified freely by his grace through the redemption" by Jesus if we believe. As I said, this redemption knows no boundaries. It extends to people on both sides of this debate, if they believe. And, if they do, they are called upon to love each other as they love themselves.

    Paul did not teach us to judge others by the law, but inspired us to tell others about the freedom that is offered by Jesus' fulfillment of the law.

    Jesus spoke a lot about love. So did Paul. I challenge everyone with this statement by Paul:

    "Let no debt remain outstanding, except the continuing debt to love one another, for he who loves his fellowman has fulfilled the law. The commandments, 'Do not commit adultery,' 'Do not murder,' 'Do not steal,' 'Do not covet,' and whatever other commandment there may be, are summed up in this one rule: 'Love your neighbor as yourself.' Love does no harm to its neighbor. Therefore love is the fulfillment of the law."

    Romans 13:8-10. This is a powerful statement. And, in terms of the laws of Leviticus, puts them in a different perspective. Paul lists some of the specific laws contained there and then uses an all encompassing statement "and whatever other commandment there may be" which would include the commandment about homosexuality, and says it is summed up by the rule: Love your neighbor as yourself.

    Well, if, as a Christian, I am going to love my neighbor as myself, then I want for my neighbor the same rights, freedoms, privileges, and life that I want for myself. So, what if my neighbor is gay? Think of the Samaritan. Do you think that Jesus' message would have been any different if the Samaritan was gay? I don't.

    Is the Old Testament irrelevant? No. It is a guideline for behavior. It can be a measuring stick to use when we want to know what is right and wrong. Is it fair to single out a particular passage and build a doctrine around it or, for that matter, a political platform? No, I don't think so.

    Because, if it is, then every man who does that ought to have long hair on the sides of his face and an untrimmed beard and should not be divorced unless his wife committed adultery. And, for all of them, man or woman, none should have a tattoo. Remember, you will be judged as you judge. If you hold others up to a standard, then you must also be able to live by that standard, yourself.

    As for me - I am going to do everything in my power to love my neighbor as myself. I hope to bring a little peace and happiness to those around me by doing so. And, don't worry, I won't judge you for how you live.

    Bob Vogel

    rlvogel@robertvogellaw.com



    Thursday, August 2, 2012

    Why am I the kind of lawyer I am? My Faith Drives Me to Do What I Do - its how I'm made

    I have been asked why I practice the kind of law I practice. Why do I defend indigent criminals? Why do I want to help someone who has been taken advantage of by an unscrupulous merchant or who was fired by an uncaring boss? Why would I want to sue a doctor for negligence or go after a contractor? Why would I file against a stockbroker or financial advisor who invested money for someone? Why would I take on bullies at work or in school? Why would I want to sue a company just because someone got hurt on the job? Why represent a small business owner in a contract dispute against a large company?

    You could make more money practicing a different kind of law, I'm told. You don't want to be an ambulance chaser (which is true). You don't want to advertise for massive amounts of car wreck clients (also true). So, how are you going to be successful? You always pick the underdog?

    I guess I always have. I think it's in my nature. When I was in kindergarten, we used to play a game where the boys would "capture" the girls and put them in jail (the monkey bars). I switched teams and stuck up for the girls. At that time, I was the biggest and strongest boy, so I turned the tide on the other boys. Why did I do that? I don't know.

    My parents tell me that when I was a small child, if I saw someone in a wheelchair or with a cast on, I would walk up to them and ask them if they were okay and what happened.

    I've always felt for the underdog - the injured party. When I read the newspaper, I react emotionally to situations where it seems like someone has suffered from an injustice. It's how God made me.

    There are three, specific Bible passages that guide me. In Matthew 25:35-40 Jesus teaches: For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me...when? ... "I tell you the truth, whatever you did for one of the least of these brothers of mine, you did for me."

    As I said, I have always had it in my nature to help people who would be considered "the least of these." But, when I became a Christian and I read these words, they touched me deep inside. They rang true and crystallized what I knew was right. I try to use my skills, talents and gifts to help "the least of these brothers of mine."

    Proverbs 31: 8 & 9 served to strengthen my belief that this was the right thing to do. There, wisdom teaches us to "Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy."

    These words are compelling to me. When I think of them in the context of my work, it encourages me to use my position to help people who have no voice, or who can't be heard. It makes me want to stand up against Goliath.

    Both these verses help me overcome the fear that rises up inside when I think about who I'm battling against, about their resources and influence. It helps me overcome that obstacle.

    Finally, I believe that our society has turned good and bad on its head. And there is no greater hypocrite than the modern church (on a personal level - there are many wonderful and dedicated individuals - here I am speaking about the church politic). I try to make a difference in what I do because I think that God wants us to be concerned about doing justice - making sure that the least of those in our society have a chance to taste justice and love.

    Amos 5:18-24 helps me explain why I believe we must take action to insure that people have justice in this County.

    "Woe to you who long for the day of the Lord! Why do you long for the day of the Lord? That day will be darkness, not light. It will be as though a man fled from a lion only to meet a bear, as though he entered his house and rested his hand on the wall only to have a snake bite him...I hate, I despise your religious feasts; I cannot stand your assemblies...Away with the noise of your songs! I will not listen to the music of your harps...

    "But, let justice roll on like a river, righteousness like a never-failing stream!"

    I believe that it is part of my mandate as a believer to make sure that justice is done. In general, our society has failed to provide justice. And, when I look at the modern church, I want to tell them to read these words and take it to heart. Stop condemning and show the love that you have been shown to others. Stop building yourself up and ignoring the least of these brothers of ours. We need to help people in need, people who are being discriminated against, people who suffer, people who are difficult to love.

    This is why I practice the kind of law that I do. And, I hope my practice grows. Not so that I can make a lot of money, but so I will have the opportunity to help people in need. So, that, maybe, someday, Jesus will tell me that I helped him when I helped the least of these brothers of mine.

    Bob Vogel, rlvogel@robertvogellaw.com

    The Vogel Law Firm


    Hazardous to Your Health - Environmental Dangers of Tort Reform and Free Market Arguments against regulations

    More than four decades ago, the Ad Council partnered with Keep America Beautiful to create a powerful visual image that dramatized how litter and other forms of pollution were hurting the environment, and how every individual has the responsibility to help protect it. The ad, which featured Native American actor Iron Eyes Cody, "The Crying Indian," first aired on Earth Day in 1971. Created by ad agency Marstellar, Inc., the campaign used the line, "People Start Pollution. People can stop it." The ad became one of the most memorable and successful campaigns in advertising history and was named one of the top 100 advertising campaigns of the 20th Century by Ad Age Magazine.

    I remember this video from when I was young. It always brought tears to my eyes. It was a powerful indictment against people who put corporate interests ahead of public safety. Today, there is a new assault on the public safety. All the reforms that were passed years ago to protect us are in danger.

    The argument that conservative reformers are making is that we don't need regulations. Remember the speech last week? "Take your foot off the neck of the job creators" or some such rhetoric as that? Problem is, they are using that argument to roll back reforms that we need. We need to have protections in place against big business polluting the environment. China is where we were fifty to seventy five years ago. In their cities, you can cut the air with a knife. Things will be no different here if the conservative agenda is successful. I had a friend of mine who lived in New York City in the 70's who used to hate going out of the City. His joke was - I don't like to breathe anything I can't see!

    I remember the acid rain problems. I remember when Lake Erie was a fire hazard. I remember in NJ when parts of the Passaic River were a fire hazard. Now, people fish in that river.

    We still have awful problems with the environment. We are slowly killing the planet. Go online and google information about honeybees and see how they are dying out. We need them for proper crop production. Look at the plumes at the mouth of each major river where it empties into the ocean. Food sources are dying out. Others are so contaminated they are unsafe to eat. I could go on and on.

    Please, look a this video and realize that it is still relevant today. God gave us this planet not to exploit but to care for - to be good stewards of His beautiful gift. I, for one, am ready and willing to fight the good fight. If you are looking for an attorney to review a possible hazardous or toxic claim - call Attorney Bob Vogel at 865-357-1949, The Vogel Law Firm or email rlvogel@robertvogellaw.com

    Justice System Holds Corporate Polluters Accountable

    In 1989, the Exxon Valdez struck a reef off the Alaskan coast and spilled more than 10 million gallons of oil over 1,000 miles of remote coastline. Exxon’s immediate response to what would become one of the most devastating environmental disasters ever to occur was to embark on a campaign to avoid responsibility that would last decades. Now, 20 years later, another tragic oil spill threatens long-term devastation on the environment. If history is any judge, BP will likely fight efforts to hold it accountable for years, if not decades.

    Corporations have consistently responded to the environmental disasters they have caused by passing the buck for as long as possible. As time passes they know initial outrage will dim, media scrutiny will move on, political administrations will change, and the regulators will go through the revolving door to join the industry they once watched.

    Laws passed in the 1960s and 1970s were supposed to protect the environment, but lax enforcement left corporations with little incentive to comply. Ultimately, trial attorneys were the ones who sought justice for communities destroyed by corporate polluters. Without the civil justice system, many corporate polluters would never have been held accountable for the disaster they caused.