October 16, 2009  Nº 830 - Vol. 7

"Curiosity killed the cat, but satisfaction brought it back"

Eugene O'Neill

In today’s Law Firm Marketing, Your unique educational message: how and why it attracts new clients


Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica


  • Top News

International convention needed to combat organ trafficking

An international convention is needed to protect the victims of organ, tissue, and cell (OTC) trafficking, according to a new report released Tuesday by the Council of Europe (COE) and the UN. The report calls for a separate OTC convention in addition to the convention against human trafficking, drawing a distinction between OTC trafficking and trafficking in humans for the removal of organs. At a press conference, COE Director of Cooperation Marja Ruotanen said, "[w]e have legislation and definitions covering the trafficking in human beings for the purpose of organ removal, but the study points out that there is a legal vacuum for the traffic in organs, tissues and cells." The report estimates that 10-15 percent of kidney transplants worldwide come from trafficked organs. The authors of the report hope to introduce a bill to the UN General Assembly on the topic.

Call for rethink on data storage

The rules on the movement of electronic data around the world need an overhaul, according to a Microsoft executive. Many technology companies, including Microsoft, IBM and Yahoo, use vast data centers to run services over the internet and store data such as e-mail. However, the rules for data storage can vary widely from country to country. One might insist that data is kept for a year while another might want it destroyed in six months. It's very difficult to locate a data centre in one country and provide that service to consumers in another country. New trade rules need to be implemented to ease what is called the "quagmire" of laws facing the information providers industry.

Houses passes bill allowing transfer of Guantanamo detainees to US for trial

The US House of Representatives voted 307-114 Thursday to approve legislation that would allow Guantanamo Bay detainees to be transferred to US soil for prosecution. The measure was part of a $42.7 billion spending bill for the US Department of Homeland Security (DHS). The legislation would forbid the release of Guantanamo detainees onto US soil and allows their transfer only for purposes of prosecution in federal courts and only after a thorough security assessment. The legislation also requires that Congress be provided with details before a detainee is transferred overseas. Republican lawmakers strongly opposed the measure, and attempted to send the bill back to committee, but that attempt was voted down 193-224. The bill will now go before the US Senate.

Legal English and drafting contracts in English

Georgetown University Law CLE and Lex Mercator are offering two online courses that will be taught live from the United States. Drafting Contracts in English and Legal English start October 21. Each course includes 24 hours of live instruction and will meet once per week in the afternoon/evening depending on time zone of participant. Courses are taught in workshop style with very practical and relevant information that can be applied to your practice immediately. Migalhas readers receive a 10% discount. To read more, click here. To claim 10% migalheiros discount, enter discount code "first".

Before you open the door to the boardroom, peek through the keyhole!

Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim positions within client companies around the world. Have a look at the new section of the Migalhas website and discover the professional development opportunities with large corporations, in legal and business fields, presented by Michael Page International. Click here to peep through the hole!

  • Crumbs!

1-U.S. warns elderly will not get benefits rise next year (click here)

2-Fast Internet access becomes a legal right in Finland (click here)


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  • MiMIC Journal

Food Day praise for Brazil, China

Brazil and China have been praised, but India criticized, in a new report that evaluates the efforts of developing countries to tackle hunger. ActionAid produced the set of rankings in a report released on Friday, designated World Food Day by the UN. The report also judges the efforts of rich countries, saying Luxembourg is trying hardest to end global hunger. The US and New Zealand rank bottom. Studies estimate that one billion people are malnourished globally.

US criticises 'inflexible yuan'

The U.S. Treasury Department criticized China for the “lack of flexibility” of the yuan and a buildup of foreign-exchange reserves while stopping short of branding the nation a manipulator of its currency.

China default swaps show ratings upgrade that's no `slam-dunk' for Moody's

Investors are signaling China's debt rating is too low for an economy set to overtake Japan as the second biggest, driving up returns on government and corporate securities.

  • Law Firm Marketin

Your unique educational message: how and why it attracts new clients
by Trey Ryder

Your educational message is the most important piece of your marketing puzzle. This is the message that attracts inquiries from prospective clients. Depending on their readiness, this handout will motivate them to visit your web site, attend your seminar, request an appointment with you, hire your services, or all four.

When a prospective client comes into your office, you have certain things you say to him with the hope of persuading him to hire you. The information you present may be much the same from one prospect to the next if both prospects are interested in the same area of the law.

On the other hand, even if you practice only in one area, you may find that you present significantly different information from one prospect to the next because your prospects' have different needs. For example, an estate planning lawyer might have one educational handout addressing basic estate planning topics and another for advanced asset protection issues. A family law attorney may have one set of materials for couples wanting a divorce and another set for couples hoping to adopt a child.

If you address two distinct types of prospects, you should prepare one educational handout for each so he can request the handout that is relevant to his needs Or, if you want to attract one of these prospects but not the other, the subject matter in your handout will determine which prospect calls to request your information. In this way, you attract specifically the clients you want, and do not attract those you would rather screen out. As your information grows more and more specific, the type of client you attract will grow more and more specific, as well.

Your educational message should teach your prospect about (1) the seriousness of his problem (or the importance of the goal he wants to achieve), (2) the seriousness of allowing the problem to persist, (or the benefits he will gain from achieving his goal without delay) and (3) the steps he should take to get the best result. And last, you should include your biographical information, including your photograph, so you go as far as possible to creating a trusting relationship and giving your prospect the feeling that he already knows you.

The premise is this: You want your prospect to appreciate the urgency of solving his problem or achieving his goal at the earliest possible moment. You want your prospect to know all the steps that need to be taken to bring him the best result. You want your prospect to conclude you have the knowledge, skill and experience necessary to achieve the best outcome.

When you include a (fairly) detailed list of steps that should be taken to achieve the best result, your prospect often concludes (1) the task is too big for him to tackle on his own, and (2) you are the only attorney he knows who understands how to achieve the results he wants.

When you offer steps in a process, your marketing has a pre-emptive effect on competing lawyers. After reading your materials, your prospect realizes that you know how to solve his problem, but he can't be sure that other lawyers know as much about the subject as you. This bonds him more tightly to you and increases his desire to hire you over other attorneys. In fact, depending on the prospect's experience hiring lawyers, after he receives your materials, he might not even consider hiring anyone else.

Your educational handout should have several sections. While you don't need to label them "Section 1" or "Section 2", each is separated by a subhead with a persuasive title all its own. The subheads at the beginning of each section should be a teaser that attracts attention to that part of your handout. Here are the sections I recommend:

SECTION #1: Introduces and discusses the subject in general, and defines any legal terms you will use to explain the subject.

SECTION #2: Identifies and describes the problems most people face when they don't have the help of a lawyer.

SECTION #3: Misconceptions about the subject. Identifies misconceptions people have that cause problems and may cause them to get a result different from what they want.

SECTION #4: Mistakes people make. This can cover mistakes they make when trying to handle the matter themselves -- or mistakes that result from hiring a lawyer who is not skilled in this area of law.

SECTION #5: Steps the prospect should follow to get the best result, or secrets of solving the problem or achieving the goal. Use "steps" if things should be done in sequence. Use "secrets" if things must be done, but not necessarily in any order.

SECTION #6: How to hire a lawyer. Includes points to consider and questions to ask before your prospect hires an attorney. This is where you teach the prospect how to qualify lawyers he might hire. Since this is your playing field, you define the hiring qualities the prospect should consider as broadly or narrowly as you wish.

SECTION #7: Your photograph and biography. Gives details of your relevant education and qualifications. When you include a good photo and a fairly extensive biography, prospects grow comfortable because they know something about you.

SECTION #8: Call to action. This is the key marketing element that invites your prospect to take whatever action you want him to take. Prospects who don't know how to proceed often don't do anything.

SUMMARY: Your educational handout should (1) answer all the questions your prospect might ask, (2) include a title and sub-heads that tease your prospect, with the hope that he won't take any action or hire another lawyer until he first reads your materials, (3) create a warm, friendly feeling toward you based on the quality of your photograph, and (4) demonstrate to your prospect that you are qualified to work on his behalf based on the information we include in your biography -- and based on the depth of the information and advice you present.


© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to Trey@TreyRyder.com. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.


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  • Historia verdadera


La brasileña ETH Bioenergia inicia este miércoles la operación de su cuarta usina de etanol en Nova Alvorada do Sul. La unidad tiene una capacidad inicial de molienda de 3 millones de toneladas de caña de azúcar por zafra y, según la empresa, será la mayor planta de etanol y energía eléctrica del estado de Mato Grosso do Sul. La planta empleará a 1.500 personas. ETH Bioenergia es el brazo productor de azúcar y alcohol de Odebrecht.


Un fallo de la Corte de Apelaciones de EE.UU. dejó sin efecto el congelamiento de US$ 200 mlls en fondos que las AFJP tenían en EE.UU, y que pasaron a manos de la ANSES tras la renacionalización. La justicia de ese país consideró que los fondos de pensión no son embargables.

Demanda II

Unos 200 trabajadores de la extinta Luz y Fuerza del Centro de México presentaron amparos ante el Poder Judicial de la Federación contra la liquidación de la empresa y supuestos "trabajos forzosos", ejercida por el gobierno de Felipe Calderon. Los recursos fueron promovidos por los agremiados del Sindicato Mexicano de Electricistas (SME) ante los juzgados Cuarto de Distrito en Materia del Trabajo y 13 de Distrito en Materia Administrativa.

  • Brief News

Governments should share cost of international bank bailout, EU draft says

European governments would have to share the cost of rescue plans for banks with operations in multiple countries under a draft European Union report dealing with the aftermath of the global financial crisis.

UBS Informant Seeks Award

The key informant who helped the U.S. build its case against UBS is looking to the IRS for a handsome financial award when he gets out of prison.

Confusion over Honduras agreement

There is more confusion in Honduras over whether an agreement has been reached to solve the political crisis. Negotiators for ousted President Manuel Zelaya said a "unified text" had been agreed that could lead to an "exit" from the crisis. But representatives of interim leader Roberto Micheletti said no agreement had been reached on the key issue of a possible return to power for Zelaya.

Hague fixes Karadzic trial date

Former Bosnian Serb leader Radovan Karadzic will go on trial at The Hague on Monday 26 October, the court says. It is the second time in a week that the trial - originally due to start on 19 October - has been put back. But Karadzic's attempts to have the start delayed by 10 months have been rejected by the court. Karadzic is charged with 11 counts of war crimes and crimes against humanity, including genocide, dating back to the Bosnian war.

Ex-Ford worker indicted in secrets theft

A former product engineer at Ford stole more than 4,000 pages of documents containing trade secrets to try to secure a new job with at least one Chinese car company, according to a federal indictment.

Justices weigh rules on recovering seized assets

Every year, police agencies seize more than $1 billion of cars, cash and other goods linked to drug crimes. The Supreme Court will hear arguments Wednesday on how hard it should be for owners to try to recover that property. For law enforcement, "forfeiture has become a multibillion-dollar business across the nation." With those powerful interests in taking and seizing and keeping property, there needs to be some kind of check. A Justice Department fund that receives proceeds from forfeitures of cash and property across the country received $1.2 billion in cash and cash equivalents in the fiscal year ended Sept. 30, 2008, down from $1.4 billion in the previous fiscal year.

Madoff victims file $2.4 million negligence suit against SEC

Two of the victims of Ponzi scheme perpetrated by Bernard Madoff sued the US Securities and Exchange Commission (SEC) in federal court on Wednesday, seeking $2.4 million in damages. The complaint, filed in the US District Court for the Southern District of New York, alleges that the SEC owed a duty of care to investors and that employees of the agency were negligent in their investigation of the scheme, which is believed to have defrauded investors of over $65 billion.

Finland government declares legal right to broadband Internet access

Finland's Ministry of Transport and Communications announced Wednesday that broadband Internet access would become a legal right for all citizens. Becoming the first country to institute such a policy, the agency declared that Internet providers must afford everyone a connection that is at least one megabyte per second. Communications Minister Suvi Linden said that the required minimum would improve the quality and availability of connections in sparsely populated areas and contribute to rural vitality. Additionally, the agency hopes that the requirement will improve business by enabling electronic transactions. As of last year, out of a population of more than 5.2 million, there were approximately 4.35 million Internet users and 1.6 million broadband subscribers in Finland. The policy will take effect in July 2010.

  • Daily Press Review

Middle East

Little-Known Egyptian is Key Al-Qaeda Figure
Asharq Al-Awsat, Pan-Arab daily, London, England.

Is the 'Obama effect' turning the world against Israel?
Haaretz, Liberal daily, Tel Aviv, Israel.

POLITICS: U.S. Berated for Shielding Israel on Gaza Killings
IPS Middle East, International cooperative of journalists, Rome, Italy.

Lebanon easily gains seat on UN Security Council
JPost, Conservative, Jerusalem, Israel.

UAE in Special Attention for Special Needs
Khaleej Times, English-language daily, Dubai, United Arab Emirates.

Central Bank of Iraq's dollar sales down to $110m
Middle East North African Network, Online financial portal, Amman, Jordan.

France Urges Citizens to Leave Guinea after Spike in Violence
Nahamet, Online news portal, Beirut, Lebanon.

Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia.

Turkey, Iraq pursue closer ties with deals on gas, PKK
The Daily Star, Independent daily, Beirut, Lebanon.

Israel will ensure survival against Iran threat
Times of Oman, English-language daily, Muscat, Oman.


Call to raise lessons age to six
BBC News, Centrist newscaster, London, England.

Martinez to assess globetrotting squad
BreakingNews.ie, Online news portal, Cork, Ireland.

Two held after dogs savage toddler
Daily Express, Conservative tabloid, London, England.

Pupils accused of 'sex attack' on girl, 13, at public school disco
Daily Mail, Conservative daily, London, England.

Tandberg shareholders call for higher price from Cisco
DMeurope, Online news portal, Amsterdam, Netherlands.

Death of asbestos case victim
icLiverpool, Online news portal, Liverpool, England.

Mum pays tribute to kids strangled at home
Manchester Online, Independent daily, Manchester, England.

Autumn Book Fair in Havl??k?v Brod
Radio Prague, Online news portal, Prague, Czech Republic.

Shocking Video Of Train Slamming Into Pram
Sky News, Independent newscaster, Middlesex, England.

Slowing the Kindle Revolution: German Publishers Putting Kibosh on E-Books
Spiegel International, Liberal newsmagazine, Hamburg, Germany.

MI5 chief defends links with countries accused of torture
The Guardian, Liberal daily, London, England.

Rooney ruled out of Bolton game
The Irish Times, Centrist daily, Dublin, Ireland.

David Wilshire under pressure to pay back £100000 expenses
The Telegraph, Conservative daily, London, England.

Pilot missing in Atlantic after fighter jets collide
Times Online, Conservative daily, London, England.


President receives MPR leaders
Antara News, News agency, Jakarta, Indonesia.

10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea.

Security forces pound militant positions in South Waziristan
Dawn, English-language daily, Karachi, Pakistan.

Bomb kills 10 at Pakistan mosque, police station
India Express, News portal, Mumbai, India.

Free bus ride for Delhi women on Oct 19
India Times, Conservative daily, New Delhi, India.

Government's gatekeeper
Japan Times, Independent centrist, Tokyo, Japan.

Hishammuddin: Constitutional amendments to make Umno relevant
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia.

'Balloon boy's' family deny publicity stunt
New Zealand Herald, Conservative daily, Auckland, New Zealand.

UN rights chief reiterates support for Gaza conflict report
People's Daily Online, English-language, Beijing, China.

'We did this for the show'
Sydney Morning Herald, Centrist daily, Sydney, Australia.

Black Thursday for Pakistan as terror attacks leave 39 dead
The Hindu, Left-leaning daily, Chennai, India.

Rights issue to secure CMB capital
The Standard, Business daily, Hong Kong.


MORNING CRASH - Garbage truck, SUV collide; drivers rushed to hospital
Antigua Sun Online, Independent daily, St. John's, Antigua.

Two H1N1 deaths in Trinidad and Tobago reported
Caribbean News Portal, Online news aggregator.

Geothermal developers deny Nevis project causing earthquakes
Caribbean360, Online news portal, St. Michael, Barbados.

Ritz-Carlton resort offers special package for locals
Cayman Net News, Online news portal, George Town, Cayman Islands.

Questioned kidnapping leads to mysterious killings
Dominican Today, Independent daily, Santo Domingo, Dominican Republic.

URUGUAY: Prison Without Bars Offers True Rehabilitation
IPS Latin America, International cooperative of journalists, Rome, Italy.

Annaleise found - Bittersweet reunion as 10-y-o is put in state care - Woman to be charged for breaching Child Care Act
Jamaica Gleaner, Independent daily, Kingston, Jamaica.

Peru's Nolberto Solano thinks next national team's coach could be Peruvian
Living in Peru, News portal, Lima, Peru.

Ugly Betty deserves better
The Globe and Mail, Centrist daily, Toronto, Canada.

Ottawa chooses secrecy
Toronto Star, Liberal daily, Toronto, Canada.

Dookeran, Warner to share platform
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad.


Africa: 'Greener' Green Revolution the Aim of New Gates Foundation Grants
allAfrica, Online news aggregator, Johannesburg, South Africa.

French told to quit unsafe Guinea
BBC News, Centrist newscaster, London, England.

Kinshasa Denies LRA Attacks
CongoPlanet.com, Independent online news aggregator.

MTN boosts Ladies AACT with Shs35m
Daily Monitor, Independent daily, Kampala, Uganda.

Zambia ministers stoned at rally
Daily Nation, Independent daily, Nairobi, Kenya.

Tarzan’s Moustache Bills Charged On Ghana@50
GhanaWeb, Online news portal, Amsterdam, Netherlands.

Train hits pram, baby fine
iafrica, Online news portal, Cape Town, South Africa.

Confusion reigns in Selebi trial
Independent Online, News portal, Cape Town, South Africa.

Haile and Derartu join Climate Change Campaign
Jimma Times, Online news portal, Jimma, Ethiopia.

World Cup hangover as EPL resumes
Mail & Guardian Online, Liberal, Johannesburg, South Africa.

Pharmacists council threatens further clamp down
Vanguard, Independent daily, Lagos, Nigeria.


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