Honesty, Integrity, and Loyalty

Alan Greenspan, former chairman of the Federal Reserve Bank, told the Harvard graduating Class of 1999, "Without mutual trust and market participants abiding by a rule of law, no economy can prosper." Then in 2005, he taught the graduating class of the University of Pennsylvania’s Wharton School, "In virtually all our transactions, whether with customers or with colleagues, with friends or with strangers, we rely on the word of those with whom we do business. If we could not do so, goods and services could not be exchanged efficiently."

His consensus that business cannot function without trust, which is rooted in honesty, not only applies to economics, but to the Rule of Law, as well. Testimony given “under oath”, is held up as the standard upon which life-altering decisions are made. The lives and fortunes of legal adversaries hang on the accuracy and validity of statements given by witnesses. So important is honesty in the Courts, that the violation of this oath is punishable by years of incarceration.

So, how do attorneys and experts navigate the minefield of seductive falsehoods and still maintain honesty, integrity, and loyalty to their clients? . . .

Simply be honest with the facts and always draw fact-based conclusions.

This does not imply that we must take every bit of evidence at face value nor refrain from diligently researching past decisions to find a ruling that fits our case. It means that part of truth cannot be omitted. Fabrication of facts or blatant misrepresentation of the truth, can never occur. Accusations are specific, and the defense of them should be as specific, but not censured.

There will always be times, nearly all the time, when facts contradict, don’t align, or are ambiguous. Rather than succumb to fact-less conclusions or inflammatory accusations, we need to concentrate our efforts to separate fact from fiction, align perspectives, and clarify conditions. It is our job to do so, it should not be a convenience if it happens. Anything less than this is a disservice to our clients and reflects on our level of competence.

Integrity is not something we do, it is what we have as a result of our actions. Without integrity we have no bearings, no character, and we lose the ability to be trusted. Integrity precludes stable opinions based on principles and the consistent implementation of those principles. It negates the need to remember which lie fits into which cubby, because the answers are always the same, even if they are adjusted to fit individual circumstances.

Loyalty to a client does not mean we have an obligation to provide acquittal. Loyalty in representation demands that we ensure the Rule of Law is followed, that our client has every opportunity to correctly present their story, and that miscarriages, injustice, and abuse are neutralized.

The first question a client usually asks an attorney is some variation of, “Can you get me off?” For some attorneys and experts, the answer is always, “Yes,” then any means available are employed to achieve that goal, whether it serves justice or not. This attitude thwarts the very reason for the Rule of Law. If laws are not enforceable, they cease to exist. We have cultures around the world where justice is doled out on the basis of who you know, who your family is, or what your status is in society. This is not justice, it is cronyism. Chronic abuse, theft, loss of liberty, and the destruction of lives and property, always follow such a course.

As attorneys and experts, we have to consciously review our past opinions to ensure they align with our present ones. Laws change and situations are often different, but if we move our opinions, there must always be concrete facts or evidence, that justifies such behavior.

There may be some who feel these remarks are a threat to their livelihood and that may be true. If people are looking to escape consequences or maliciously injure another, they may not engage an attorney or expert who will not bend or misrepresent the truth. Each may find a measure of success in this path, but ultimately, their actions will erode the pedestal under Lady Justice, until she eventually topples to the earth.

Without honesty, we cannot have integrity.

Without integrity, we cannot be trusted.

If we cannot be trusted, we are of no value.

Image courtesy of:
https://www.reference.com/government-politics/lady-justice-blindfolded-55d3389af74020f6

How Restoration Companies Document Jobs Without Really Trying

"David, Please look this case over and tell me what you think." The attorney handed me a folder, 1.5 inches thick, filled with Complaints, Disclosures, Responses to Interrogatories, Responses to Responses to Interrogatories, etc. 

I quickly scanned through the pages. It was a simple water loss that had gone south and the owner was suing because they thought the restoration company was responsible for the mold that was now in their house.

I found the estimate from the restoration company. It listed 48 fans days and 8 dehumidifier days. Did that mean there were 2 dehumidifiers for 4 days with 12 fans or since the owners claimed the fans seemed to run forever, was there only 1 dehumidifier for 8 days with 6 fans? Or did they start with 15 fans and remove some as areas dried? 

There was no mention on the cover page of when they were called out, what the source of the water was, or any other information relating to the loss. There were no drying logs or follow-up notes of any moisture testing.

The owner's claimed in the Complaint that they had the home tested for mold and there was a lot of mold, but they couldn't remember the name of the company and there was no mold report. The insurance company, owner, and restoration company all had different dates for the loss, which incidentally occurred over 3 years earlier. 

What a mess. I not sure I could  figure out what really happened, even with a divining rod!

Documentation typically is a nightmare for everyone. There are so many phone calls, abbreviated emails, texts, and face to face conversations and agreements that weeks or months later, the ice cream hits the fan as everyone tries to place blame for the problems. It really isn't that hard to leave a paper trail that will help unwind the tangled webs we do so often weave.

Following is a list of items or practices that Restoration Companies can use to help document jobs more thoroughly. These ideas work as well as you work them.

Contract & Authorization to Work -This is one of the most important documents you can produce. Without a signed contract guaranteeing payment and authorizing you to work on the property, you are left to the good graces of the owner or a judge to receive payment. In order to be valid and enforceable, contracts must contain certain elements.

1. The names of all parties involved.
2. The date the contract was signed by each party.
3. A description of the work to be performed or services to be rendered.
4. The total cost of the work or services to be performed.
5. If the total cost can not be determined upfront, a schedule of hourly rates or unit costs for equipment, personnel and services is a must.
6. The dates by which the work or services are to begin and end.
7. The dates or conditions when payments are due.
8. Means to be employed if conditions are not met, i.e.; work stoppage, interest charges, withholding payment, legal action, etc.

Information sheets - Every company should have an information sheet, along with their owner contract, that is filled out the day of the first contact. This form will be referred to constantly as the job progresses. We always insisted that our techs could not start the job until all the forms were filled out completely. The information sheet should include:

1. Owner or representative's name.
2. Address of the loss.
3. Additional addresses of the owner or representative.
4. Phone Numbers, the home number as well as all cell phones.
5. Insurance carrier or liable party.
6. Technicians, estimators or coordinators working the job with contact numbers.
7. Source or cause of the loss.
8. Other notes, including; items discussed or promised

Work Orders - If there is a written work order form that is given to the techs before they go to the job, several good things happen.

1.  The techs have all the contact information, including the address of the property, phone numbers, time of appointment, etc.
2.  The techs know what work is required, where to do it and what equipment or supplies are needed so they come prepared.
3.  Any additional work that needs to be done can be added to the work order.
4.  The owner can sign the work order upon completion, accepting the work.

Satisfaction Completion Forms -This is a simple form that the owners sign after the final walk-through accepting the work and guaranteeing payment. If you have a pile of completed work orders and a final Satisfaction Completion Form, each signed by the owner, you are well on your way to receiving payment for the work as well as protecting yourself against any disagreements.

The owner should receive a copy of all of these documents for their own file as well.


Call the Office - Most estimators and coordinators are so busy running here and there, answering phone calls, and putting out fires that there doesn't seem to be any time to write down work orders or any other documentation.

We actually wrote software that stored all our projects online. We could access it through our smart phones or computers from anywhere and enter notes directly to the project. These were available for everyone associated with the project to see. (There are other products on the market now that do much of what our software did.) It worked very well, but even then, I found it difficult to enter all the notes needed.

The solution was to "Call Tanya". As I drove to the next job, I would call the office and dictate to Tanya the notes we needed to record. She was always in the office and next to the computer.

The jobs with the least amount of documentation usually end up with the greatest propensity for legal liability. 

Sticky Notes - For a long time I carried a small spiral notebook in my pocket to record thoughts, ideas, assignments, etc. But then I found I would have so many new notes in one day, that the things I was supposed to do were hidden 5-6 pages back in the notebook. I also found that notes for different jobs were only in my notebook, notes for several jobs were all on one page or they were never in the job folder where I needed them months later. Then I discovered sticky notes.

The 2"x2" size became the hard copy of my brain. I would keep several pads in my car, on my desk and in my notebook. One thought or phone number per page. Then they were posted in the location best suited to be completed or saved; the dash of my Jeep, on the wall by my desk or at home by the phone. They all went into the appropriate job folder and months later I still had the phone number, address, or summation of a phone call.

In spite of technology and the Internet offering us text messaging, emails and other forms of communication, I still find sticky notes often the fastest way to initially preserve a thought, which I can then transfer easily to another medium when I have time.

Notes in the Cloud - There are many note-taking apps that are available for all the different I-Phones, Android Phones, Blackberries, I-Pads, tablets, etc. Most of these include the feature of storing the information on the Internet Cloud and then automatically syncing with multiple devices.

Many apps also enable you to verbally dictate notes that are then converted into text on the spot. This allows you to take quick notes on site or in a meeting and then when you return to your computer, you can flesh out the document, save it and then share it through texting, email, fax or other media.

I often take the notes of the meeting on my phone and send them to the other party at the conclusion of the meeting so we both have exactly the same notes and written agreements. They can be organized and printed out later to preserve a hard copy.

Photos and Videos - I used to always carry a camera with me and took boatloads for photos of each job. Now nearly everyone has a phone with good to excellent cameras. Taking photos is no longer hard and often they can be shared, even while you are on the phone, enhancing the communication experience.

It is a skill to learn what to photograph. I used to go back through the shots I had taken and the item I was looking for was always just outside the frame. Lots of practice will teach you what will likely be needed later. The more photos you take, the greater chance you have of documenting what you need.

The best way to photograph is the way movies are filmed. 

     First take a wide shot of each wall,
     Then take closer details of each shelf, 
     Then close-up shots of items of greater value or interest,
     Possibly both front and back.

Videos are also great for documenting larger areas, such as the exterior of a building, large rooms or piles of content. It is important to pan slowly and remain for at least 5 seconds on each area or item or you will become motion sick playing it back or have to continually pause the video.

Whatever method or methods you use to document your files, the better you do it, the less your chances are of ending up in court. Most of these ideas are simple and easy once you decide to develop the habit.  

Remember, the jobs with the least amount of documentation usually end up with the greatest propensity for legal liability.

How Owners Can Document Losses Without Really Trying

The older couple looked more worried now than they did when the tornado ripped the roof off their home. I had just presented them with the invoice for repairing and replacing their roof, it was nearly $12,000.00. I laughed and said, "You only have to pay your $250 deductible, the insurance has already paid the rest."

The husband stammered, "We haven't seen any checks from the insurance company."

"Are you sure? The adjuster told me he sent the checks."

"No, we haven't received any checks."

I grabbed my phone and called the adjuster. "Are you sure you sent the checks?"

"Yes," he stated. "They went out over 3 weeks ago. They should have them."

I suggessted to the owners that we look through all the correspondence they had from the insurance. They found opened letters on the counter, some envelopes on the top of the fridge and some other papers on the desk. Half of the envelopes had not been opened. We started with the unopened envelopes. In the second and third ones, we found a check in each. 

I asked why they hadn't opened these checks? The owner said he had stopped reading them because they didn't make any sense and he was tired of being confused. 

While insurance losses can be confusing, Owners have a responsibility to maintain proper records for losses. It not only helps you understand what is going on, but can make a world of difference later if you end up with legal issues. You should ask for copies of all documents you sign from both the insurance company and any contractors. Having in your file what they have in their file, prevents documents from changing.

Keep All Documents in One Place - During an insurance loss, owners are inundated with paperwork. In fact, the adage is really true, "He who has the most paper work usually wins." There will be contracts from everyone, estimates from everyone, satisfactory completion documents, change orders, insurance policies, letters from the adjuster, invoices, etc., and that is if the job goes well.

Create a file, a large envelope or a box that "everything" related to the job goes in. Keep it in the same place. This way the papers will go in and they will still be there when you need them.If there are legal proceedings, the mountain of paperwork will continue to rise. If you don't have a way to organize and retain it all in one place, you will lose critical documents and may lose your case.

I knew one family involved in a lawsuit against a large construction company, who received 20,000 pages of documentation from the opposing attorney. All of it needed to be read to determine if it was accurate.

Prepare for the worst,
Expect the best, and
Take whatever comes.

If you just follow the first phrase and only prepare for the worst, bad things will happen to you all the time. The Law of Attraction is real and we usually receive exactly what we expect.

I had a judge/attorney with a water loss who spent the first 45 minutes I was there telling me about all the lawsuits he had over his home. I innocently asked him, "Should I expect to be sued as well?" He was flustered, but assured me that it wouldn't happen. He was a challenging customer, but since I thoroughly documented everything that happened, we stayed out of Court.


Sticky Notes - For a long time I carried a small spiral notebook in my pocket to record thoughts, ideas, assignments, etc. But then I found I would have so many new notes in one day, that the things I was supposed to do were hidden 5-6 pages back in the notebook. I also found that notes for different jobs were only in my notebook, notes for several jobs were all on one page or they were never in the job folder where I needed them months later. Then I discovered sticky notes.

The 2"x2" size became the hard copy of my brain. I would keep several pads in my car, on my desk and in my notebook. One thought or phone number per page. Then they were posted in the location best suited to be completed or saved; the dash of my Jeep, on the wall by my desk or at home by the phone. They all went into the appropriate job folder and months later I still had the phone number, address, or summation of a phone call.

In spite of technology and the Internet offering us text messaging, emails and other forms of communication, I still find sticky notes often the fastest way to initially preserve a thought, which I can then transfer easily to another medium when I have time.

Notes in the Cloud - There are many note-taking apps that are available for all the different I-Phones, Android Phones, Blackberries, I-Pads, tablets, etc. Most of these include the feature of storing the information on the Internet Cloud and then automatically syncing with multiple devices.

Many apps also enable you to verbally dictate notes that are then converted into text on the spot. This allows you to take quick notes on site or in a meeting and then when you return to your computer, you can flesh out the document, save it and then share it through texting, email, fax or other media.

I often take the notes of the meeting on my phone and send them to the other party at the conclusion so we both have exactly the same notes and written agreements. They can be organized and printed out later to preserve a hard copy.

Photos and Videos - There is no easier way for owners to document their contents, as well as the progress of a job, than with photos. In less than 2 minutes, you can take several pictures of a room and have concrete documentation of your possessions. In less than an hour, you can have a record of everything you own.

Taking photos is no longer hard nor expensive and often they can be shared, even while you are talking on the phone, enhancing the communication experience.

It is a skill to learn what to photograph. I used to go back through the shots I had taken and the item I was looking for was always just outside the frame. Lots of practice will teach you what will likely be needed later. The more photos you take, the greater chance you have of documenting what you need.

The best way to photograph is the way movies are filmed. 

     First take a wide shot of each wall,
     Then take closer details of each shelf, 
     Then close-up shots of items of greater value or interest,
     Possibly both front and back.

Videos are also great for documenting larger areas, such as the exterior of a building, large rooms or piles of content. It is important to pan slowly and remain for at least 5 seconds on each area or item or you will become motion sick playing it back or have to continually pause the video.

It is important to store an additional copy of your documentation at another location or on the Cloud. I had one client with several collections of rare and expensive items. Fortunately she saw a show on TV encouraging everyone to photograph their items. She grabbed her son's digital camera, went around the house and took about 600 pictures. Two weeks later, they had a fire that destroyed 90% of their home and all of her collections. We found the camera on the floor in her son's bedroom submerged in 6 inches of water. The SD card was undamaged and she was able to be compensated for all her years of hard work.

Whatever method or methods you use to document your loss, the better you do it, the less your chances are of ending up in court. Most of these ideas are simple and easy once you decide to develop the habit.  

Remember, he who has the most paper work usually wins.

It is Everyone's Job - It is important for each of us to take responsibility for our own documentation. The extra time spent properly documenting always saves you time and lots of money. Documenting responsibly and regularly is one of the paths to happiness and peace of mind.

How To Spot A Bad Contractor

"What do you mean, 'It went a little over?'" Helen screeched. "The cost is twice as much as you promised, the cabinets look terrible and it's still not done! We went to the Olive Garden for Thanksgiving dinner, Cafe Rio for Christmas dinner but I will not go anywhere for Valentines Day. I want to cook dinner for my family in my new kitchen!"

Her contractor mumbled something about suppliers and subs, but she cut him off. "I am sick and tired of your excuses. I am sick and tired of your lies. I want this done by Friday or I will sue you for incompetence, . . . for ignorance and . . . and . . . . " In frustration Helen wheeled around and stormed out of the room as the tears began to flow.

What can you do to spot a bad contractor? They seem wonderful at the onset, they say all the things you want to hear, but before the job is over, you're ready to tear them apart, limb from limb.

Avoiding a shoddy contractor isn't as hard as most people imagine. There are tell-tale signs that can tip you off before you end up neck deep in a torrent of trouble. By carefully reading the descriptions below, you will be able to avoid the devastation of choosing the wrong contractor.

1. Bad contractors are always late. I don't mean five or ten minutes late, either. Traffic or phone calls with other clients, can throw the best laid plans awry. With a bad contractor, late is measured in hours, days or weeks. Our company policy is to inform the client if you will be more than ten minutes late and reschedule if necessary.
2. Bad contractors never return phone calls. You know to walk away when their voice message says, "We're sorry, but the mail box belonging to that number is full. Please try your call again later." Calls are not returned because there is no good answer for you and the decision is made to wait until there is. Since the answer never comes, the return phone call doesn't either. If a contractor doesn't have the courage to face up to life as it really is, they will not be able to control it and complete your job in a timely manner
3. Problems are always someone else's fault. The builder sounds like an immature adolescent, unable to actually admit they made a mistake or attempt to correct it. Good contractors seldom have to explain what went wrong. All their time is spent explaining how it will happen and then they make it happen. They know that "the size of the mess you make is not nearly as important as how well you clean it up."
4. Bad contractors always take two to three times longer than they promised. They have a bad habit of saying what you want to hear instead of what will realistically happen. This is usually an attempt to obtain the job. Good contractors will always estimate more time than actually needed. They realize things will go wrong, and if they don't, the project is completed sooner than you expected. Watch the consistency between what they promise and what they do from the very beginning. The primary rule to remember is: "When it's finished is not nearly as important as that it is finished when promised."
5. Bad contractors never actually complete a project. There is always something that wasn't done or the perennial punch list that remains as a constant source of irritation. Good contractors will use sub-contractors who examine their own work, usually with the owner, and ensure everything is done properly before they leave. This habit virtually eliminates punch lists on smaller jobs and greatly reduces them on large ones. A task that will take one half-hour to correct while the technician is still there, with tools ready, will consume three to four hours if someone has to come back and do it later. Profitability and reputation go down the tubes.

You can also ask for referrals, credentials or lists of previous customers. Undesirable contractors are usually slow to provide these. Another problem is that if you do receive any referrals, they are often sanitized or fabricated. If you can talk to other customers, ask how the contractor was to work with and pointedly ask about the signs above.

If you watch for these tell-tale symptoms, you will be able to spot a bad contractor before you are in too deep and your repair or remodel can be a pleasant experience.