Friday, April 15, 2016
The Lawyer's Mailbox: ABC's of Lead Paint Poisoning Defense
The Lawyer's Mailbox: ABC's of Lead Paint Poisoning Defense: www.charlesjeromeware.com Lead paint poisoning cases these days are most frequently brought by residential rental tenants against thei...
ABC's of Lead Paint Poisoning Defense
www.charlesjeromeware.com
Lead paint poisoning cases these days are most frequently brought by residential rental tenants against their landlords. The residential rental properties are most commonly pre-1978 constructed houses and apartments. That is the case because these homes are the ones more likely to contain lead-based paint. The Federal government banned consumer use of lead-based paint in 1978, thus
outlawing lead paint for residential use in the United States.
There are numerous lead and lead paint local, state and federal laws, rules and regulations that landlords should be aware of, and follow, before purchasing and when renting pre-1978 residential properties. Certified lead inspection as well as licensed, professional maintenance of these properties
is necessary; lawful notice to tenants is crucial; and diligent, organized record-keeping on tenants and the property is very helpful. These records should be maintained , I recommend, for at least 21 years after each tenancy begins.
Charles Jerome Ware is a premier lead paint and lead poisoning defense attorney who is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
Lead paint poisoning cases these days are most frequently brought by residential rental tenants against their landlords. The residential rental properties are most commonly pre-1978 constructed houses and apartments. That is the case because these homes are the ones more likely to contain lead-based paint. The Federal government banned consumer use of lead-based paint in 1978, thus
outlawing lead paint for residential use in the United States.
There are numerous lead and lead paint local, state and federal laws, rules and regulations that landlords should be aware of, and follow, before purchasing and when renting pre-1978 residential properties. Certified lead inspection as well as licensed, professional maintenance of these properties
is necessary; lawful notice to tenants is crucial; and diligent, organized record-keeping on tenants and the property is very helpful. These records should be maintained , I recommend, for at least 21 years after each tenancy begins.
Charles Jerome Ware is a premier lead paint and lead poisoning defense attorney who is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
Thursday, April 14, 2016
BALTIMORE LEAD PAINT DISCLOSURE for LANDLORDS - 101 : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. He can help you.
1. All pre-1950 built residential rental properties must have a valid lead certificate. The three types of certificates are: (I) lead-free, (ii) limited lead-free, and (iii) full risk reduction (also referred to as dust swipes or lead-safe).
2. Additionally for all 1950 to 1978-built residential rental properties, on tenant turnover from January 1st, 2015 landlords must : (i) have a valid lead paint certificate; (ii) have the property registered with the MDE (you can opt out of this registration if you have a lead-free or limited lead free certificate, see 1 supra); (iii) give the tenants the Maryland "Notice of Tenants Rights", along with the EPA Brochure. Tenants must sign confirmation of receipt of these documents; and (iv) ensure tenants sign they have received the abovereferenced pamphlets evry two years.
Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. He can help you.
1. All pre-1950 built residential rental properties must have a valid lead certificate. The three types of certificates are: (I) lead-free, (ii) limited lead-free, and (iii) full risk reduction (also referred to as dust swipes or lead-safe).
2. Additionally for all 1950 to 1978-built residential rental properties, on tenant turnover from January 1st, 2015 landlords must : (i) have a valid lead paint certificate; (ii) have the property registered with the MDE (you can opt out of this registration if you have a lead-free or limited lead free certificate, see 1 supra); (iii) give the tenants the Maryland "Notice of Tenants Rights", along with the EPA Brochure. Tenants must sign confirmation of receipt of these documents; and (iv) ensure tenants sign they have received the abovereferenced pamphlets evry two years.
HOMES AFFECTED BY MARYLAND'S LEAD PAINT LAW - A SUMMARY : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Attorney Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense lawyer.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or
(410) 730-5016. He can help you.
In Maryland, homes covered by Maryland's lead paint law are the pre-1978 built residential rental houses and apartments ("Affected Properties"). These properties are regulated by Maryland's Reduction of Lead Risk in Housing Act.
Owner-occupied properties/units are nor regulated in Maryland. Affected Properties that are MDE-certified lead-free or limited lead-free are exempt from Maryland's lead paint law.
Affected Properties owned or operated by Federal, State, or local government or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland's lead paint law.
Attorney Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense lawyer.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or
(410) 730-5016. He can help you.
In Maryland, homes covered by Maryland's lead paint law are the pre-1978 built residential rental houses and apartments ("Affected Properties"). These properties are regulated by Maryland's Reduction of Lead Risk in Housing Act.
Owner-occupied properties/units are nor regulated in Maryland. Affected Properties that are MDE-certified lead-free or limited lead-free are exempt from Maryland's lead paint law.
Affected Properties owned or operated by Federal, State, or local government or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland's lead paint law.
MARYLAND REDUCTION OF LEAD RISK IN HOUSING LAW : A PRIMER --- Charles Jerome Ware, LLC
www.charlesjeromeware.com
Maryland's Reduction of Lead Risk in Housing Law [Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland] was enacted to reduce the incidence of lead poisoning while maintaining affordable rental housing. Under the law ("Act") the Maryland Department of the Environment (MDE) was given the authority to enforce the provisions of the Act. Currently, compliance with the law is mandatory for rental dwellings constructed before 1978, regardless of renovation history.
The law became effective on January 1, 2015, and requires all residential rental properties built before 1978 to comply by, inter alia, paying a fee and registering with the MDE, having the rental property tested for the presence of lead prior to changes in tenancy, and distributing specific lead-risk educational materials to their tenants. Previously, the Maryland Lead Risk Reduction in Housing Act only applied to those properties constructed before 1950. The law was changed in recognition of changed updated reports of childhood lead poisoning cases in houses and apartments.
This law only affects landlords of residential properties and does not affect community associations, unless the community association owns a residential unit/property within the association and is renting out that residential unit/property.
In order to fully comply with this law, a landlord must:
(1) REGISTER all rental residences within 30 days of acquisition with the MDE. Further, all rental residences must be renewed on or before December 31 st of each year. Registration includes the payment of a $ 30.00 fee per rental unit.
(2) DISTRIBUTE tenant educational information to all tenants, namely : (i) "Notice of Tenants' Rights" pamphlet, (ii) a "Protect your Family from Lead in Your Home" brochure, and (iii) a copy of the current lead inspection certificate for the rental property.
(3) PROFESSIONALLY INSPECT the property. All residential rental units must be lead-inspected prior to every change in occupancy. Furthermore, if notified of paint defects in the property, or if a child under age 6 years or a pregnant woman gas a blood lead elevation of 10 micrograms per deciliter, the landlord is required to relocate the tenants to a property that is certified lead-free or temporarily relocate the tenants while work is performed and the tenants my move back into the property.
More information about Maryland's Lead Risk Reduction in Housing Act can be found at : http://mde.maryland.gov.
Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. Charles Ware is Maryland-based and nationally-respected.
Maryland's Reduction of Lead Risk in Housing Law [Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland] was enacted to reduce the incidence of lead poisoning while maintaining affordable rental housing. Under the law ("Act") the Maryland Department of the Environment (MDE) was given the authority to enforce the provisions of the Act. Currently, compliance with the law is mandatory for rental dwellings constructed before 1978, regardless of renovation history.
The law became effective on January 1, 2015, and requires all residential rental properties built before 1978 to comply by, inter alia, paying a fee and registering with the MDE, having the rental property tested for the presence of lead prior to changes in tenancy, and distributing specific lead-risk educational materials to their tenants. Previously, the Maryland Lead Risk Reduction in Housing Act only applied to those properties constructed before 1950. The law was changed in recognition of changed updated reports of childhood lead poisoning cases in houses and apartments.
This law only affects landlords of residential properties and does not affect community associations, unless the community association owns a residential unit/property within the association and is renting out that residential unit/property.
In order to fully comply with this law, a landlord must:
(1) REGISTER all rental residences within 30 days of acquisition with the MDE. Further, all rental residences must be renewed on or before December 31 st of each year. Registration includes the payment of a $ 30.00 fee per rental unit.
(2) DISTRIBUTE tenant educational information to all tenants, namely : (i) "Notice of Tenants' Rights" pamphlet, (ii) a "Protect your Family from Lead in Your Home" brochure, and (iii) a copy of the current lead inspection certificate for the rental property.
(3) PROFESSIONALLY INSPECT the property. All residential rental units must be lead-inspected prior to every change in occupancy. Furthermore, if notified of paint defects in the property, or if a child under age 6 years or a pregnant woman gas a blood lead elevation of 10 micrograms per deciliter, the landlord is required to relocate the tenants to a property that is certified lead-free or temporarily relocate the tenants while work is performed and the tenants my move back into the property.
More information about Maryland's Lead Risk Reduction in Housing Act can be found at : http://mde.maryland.gov.
Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. Charles Ware is Maryland-based and nationally-respected.
Wednesday, April 13, 2016
The Lawyer's Mailbox: HOME CONTRACTOR LEAD PAINT ABATEMENT OR REMOVAL TI...
The Lawyer's Mailbox: HOME CONTRACTOR LEAD PAINT ABATEMENT OR REMOVAL TI...: www.charlesjeromeware.com " Here to make a Difference." It is both local, state and federal law that all contractors or worker...
HOME CONTRACTOR LEAD PAINT ABATEMENT OR REMOVAL TIPS : Charles Jerome Ware, LLC
www.charlesjeromeware.com " Here to make a Difference."
It is both local, state and federal law that all contractors or workers who are hired to perform work on residential properties that may contain lead-based paint --- including lead abatement or removal work, of course --- are required to be officially lead-certified and/or licensed. In Maryland, for example, it means the contractor must be accredited by the Maryland Department of the Environment (MDE). In Pennsylvania, the appropriate certifying agency is the Pennsylvania Department of Labor and Industry (PDLI). The Federal Environmental Protection Agency (EPA) provides over-all national guidance, rules and procedures on these issues
For comprehensive information on safe renovation techniques and lead poisoning, refer to :U.S. Environmental Protection Agency (http://www.epa.gov/lead). In Maryland see, Maryland Department of the Environment (http://www.mde.state.md.us/lead). In Pennsylvania see, Pennsylvania Department of Labor and Industry/http://www.portal.state.state.pa.us//lead).
By definition in Maryland, "lead paint abatement work" includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting.
[Charles Jerome Ware. LLC is a premier lead paint and lead poisoning defense attorney. Attorney Charles Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact him and his staff at (410) 720-6129 or (410) 730-5016 ]
It is both local, state and federal law that all contractors or workers who are hired to perform work on residential properties that may contain lead-based paint --- including lead abatement or removal work, of course --- are required to be officially lead-certified and/or licensed. In Maryland, for example, it means the contractor must be accredited by the Maryland Department of the Environment (MDE). In Pennsylvania, the appropriate certifying agency is the Pennsylvania Department of Labor and Industry (PDLI). The Federal Environmental Protection Agency (EPA) provides over-all national guidance, rules and procedures on these issues
For comprehensive information on safe renovation techniques and lead poisoning, refer to :U.S. Environmental Protection Agency (http://www.epa.gov/lead). In Maryland see, Maryland Department of the Environment (http://www.mde.state.md.us/lead). In Pennsylvania see, Pennsylvania Department of Labor and Industry/http://www.portal.state.state.pa.us//lead).
By definition in Maryland, "lead paint abatement work" includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting.
[Charles Jerome Ware. LLC is a premier lead paint and lead poisoning defense attorney. Attorney Charles Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact him and his staff at (410) 720-6129 or (410) 730-5016 ]
BEST LAWYERS - LEAD PAINT POISONING DEFENSE : Charles jerome Ware, LLC
www.charlesjeromeware.com " Here to make a Difference. Maryland-based, Nationally-respected."
Premier lead paint and lead poisoning defense lawyer Charles Jerome Ware and his colleagues can be reached for an initial courtesy consultation at (410) 720-6129 or (410) 730-5016. He can help you.
Premier lead paint and lead poisoning defense lawyer Charles Jerome Ware and his colleagues can be reached for an initial courtesy consultation at (410) 720-6129 or (410) 730-5016. He can help you.
The Lawyer's Mailbox: DEFENDING HOWARD CO. AND MONTGOMERY CO. DRUG CASES...
The Lawyer's Mailbox: DEFENDING HOWARD CO. AND MONTGOMERY CO. DRUG CASES...: www.charlesjeromeware.com "Here to make a Difference. " Premier criminal drug defense attorney Charles Jerome Ware can be rea...
The Lawyer's Mailbox: DEFENDING HOWARD CO. AND MONTGOMERY CO. DRUG CASES...
The Lawyer's Mailbox: DEFENDING HOWARD CO. AND MONTGOMERY CO. DRUG CASES...: www.charlesjeromeware.com "Here to make a Difference. " Premier criminal drug defense attorney Charles Jerome Ware can be rea...
DEFENDING HOWARD CO. AND MONTGOMERY CO. DRUG CASES : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference. "
Premier criminal drug defense attorney Charles Jerome Ware can be reached for an initial courtesy
courtesy consultation at (410) 720-6129 and (410) 730-5016. He and his staff can help you.
Criminal drug possession and drug distribution cases are ever-increasing in Montgomery and Howard counties. So are criminal drug conspiracy cases. Conviction of a drug-related offense can not only be harmful to a person's personal life, it could also damage an individual's career. Suffice it to say, self-
representation in court in a drug case is not recommended. Get a lawyer.
Some drug case defenses challenge the stated facts of the criminal charges, testimony or evidence in the case; others target criminal procedural errors, frequently search and seizure violations; and some defendants challenge drug possession charges on the basis of an affirmative defense, such as the right to use medical marijuana in some states. The following are just a few of the defenses potentially available to drug possession charges in Maryland:
(1) Fourth Amendment Unlawful Searches and Seizures --- If the accused's 4th Amendment rights
were violated, then the seized drugs cannot be used at trial against the person and the criminal charges typically are dismissed.
(2) The Drugs belong to someone else --- This is a common defense where multiple persons are involved (e. g., in a car,etc.).
(3) Crime Laboratory Analysis Refutes Conclusion of Drugs ---Just because some substance "looks"
like it is an illegal drug does not necessarily make it so. Confirmation must be had by a competent laboratory to be qualified as evidence.
(4) Missing Drugs --- Prosecutors must be able to produce at trial the actual confiscated drugs in order to prove their case.
(5) Police Officer(s) "planted" the drugs --- Though difficult to believe and to prove, this happens a
lot --- in fact, too much in our society.
(6) Entrapment --- This occurs when law enforcement induces a suspect to commit a crime he or she otherwise may not have committed.
Premier criminal drug defense attorney Charles Jerome Ware can be reached for an initial courtesy
courtesy consultation at (410) 720-6129 and (410) 730-5016. He and his staff can help you.
Criminal drug possession and drug distribution cases are ever-increasing in Montgomery and Howard counties. So are criminal drug conspiracy cases. Conviction of a drug-related offense can not only be harmful to a person's personal life, it could also damage an individual's career. Suffice it to say, self-
representation in court in a drug case is not recommended. Get a lawyer.
Some drug case defenses challenge the stated facts of the criminal charges, testimony or evidence in the case; others target criminal procedural errors, frequently search and seizure violations; and some defendants challenge drug possession charges on the basis of an affirmative defense, such as the right to use medical marijuana in some states. The following are just a few of the defenses potentially available to drug possession charges in Maryland:
(1) Fourth Amendment Unlawful Searches and Seizures --- If the accused's 4th Amendment rights
were violated, then the seized drugs cannot be used at trial against the person and the criminal charges typically are dismissed.
(2) The Drugs belong to someone else --- This is a common defense where multiple persons are involved (e. g., in a car,etc.).
(3) Crime Laboratory Analysis Refutes Conclusion of Drugs ---Just because some substance "looks"
like it is an illegal drug does not necessarily make it so. Confirmation must be had by a competent laboratory to be qualified as evidence.
(4) Missing Drugs --- Prosecutors must be able to produce at trial the actual confiscated drugs in order to prove their case.
(5) Police Officer(s) "planted" the drugs --- Though difficult to believe and to prove, this happens a
lot --- in fact, too much in our society.
(6) Entrapment --- This occurs when law enforcement induces a suspect to commit a crime he or she otherwise may not have committed.
Tuesday, April 12, 2016
The Lawyer's Mailbox: BALTIMORE LEAD PAINT STATISTICS
The Lawyer's Mailbox: BALTIMORE LEAD PAINT STATISTICS: www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected." Baltimore Lead Paint Statistics...
BALTIMORE LEAD PAINT STATISTICS
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Baltimore Lead Paint Statistics :
- Not only in Baltimore, but all over the nation, lead paint is still present --- though diminishingly so
in millions of houses and apartments that were constructed before 1978 (when use of lead paint in residences was banned). Much of this lead paint is frequently present under layers of newer unleaded
paint.
- Deteriorating lead paint (e.g., peeling, chipping, chalking, cracking, damaged, or damp or dust) continues to be a hazard to the human body when inhaled or ingested, and requires immediate attention by landlords and/or tenants. This situation is especially hazardous for children under the age of 6.
- Residences built in the Baltimore area between the years of 1960 and 1977 have a 24% chance of
containing lead-based paint.
- Residences constructed between the years of 1940 and 1959 have a 69% chance of containing
lead paint.
- Residences built in Baltimore before 1940 have an 87% chance of containing leaded paint.
- In addition to dwellings, two additional major sources of toxic lead in Baltimore are dust and soil.
- Due to much-better and more comprehensive screening for lead, as well as much-improved efforts at lead poisoning prevention, the average blood lead levels in both adults and children has diminished substantially in recent years.
- As a result of these efforts, today childhood deaths from lead poisoning are extremely uncommon, and most pediatric lead poisoning occurs in children with blood lead levels in the range of 10 to 20 ug/dL ( 10 microliters/decaliter). Lead poison illnesses, nevertheless, can be very devastating to the victim as well as the victim's family.
[ Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
He can help you if you are the subject of lead paint and/or lead poisoning claims or lawsuits].
Baltimore Lead Paint Statistics :
- Not only in Baltimore, but all over the nation, lead paint is still present --- though diminishingly so
in millions of houses and apartments that were constructed before 1978 (when use of lead paint in residences was banned). Much of this lead paint is frequently present under layers of newer unleaded
paint.
- Deteriorating lead paint (e.g., peeling, chipping, chalking, cracking, damaged, or damp or dust) continues to be a hazard to the human body when inhaled or ingested, and requires immediate attention by landlords and/or tenants. This situation is especially hazardous for children under the age of 6.
- Residences built in the Baltimore area between the years of 1960 and 1977 have a 24% chance of
containing lead-based paint.
- Residences constructed between the years of 1940 and 1959 have a 69% chance of containing
lead paint.
- Residences built in Baltimore before 1940 have an 87% chance of containing leaded paint.
- In addition to dwellings, two additional major sources of toxic lead in Baltimore are dust and soil.
- Due to much-better and more comprehensive screening for lead, as well as much-improved efforts at lead poisoning prevention, the average blood lead levels in both adults and children has diminished substantially in recent years.
- As a result of these efforts, today childhood deaths from lead poisoning are extremely uncommon, and most pediatric lead poisoning occurs in children with blood lead levels in the range of 10 to 20 ug/dL ( 10 microliters/decaliter). Lead poison illnesses, nevertheless, can be very devastating to the victim as well as the victim's family.
[ Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
He can help you if you are the subject of lead paint and/or lead poisoning claims or lawsuits].
Saturday, April 9, 2016
LEAD PAINT POISONING DEFENSE GUIDE
www.charlesjeromeware.com "Here to make a Difference."
Researchers and historians believe that lead (Pb) has been mined and used on earth since at least
4,000 BC --- over 6,000 years ago. Lead is a soft, malleable, useful, utilitarian, heavy metal (Atomic Number 82) that does not dissipate, nor dissolve in water, nor decay, nor burn. Lead has a scientific "half-life" of over 500,000 years; meaning lead just lasts, and lasts, and lasts. In sufficient amounts, lead is harmful to the body --- particularly in children under the age of 6. Scientists estimate that there are currently multi-billions of pounds and even metric tons of lead in the earth's environment.
Since it lasts so long in the environment, in many geographic areas(some urban cities, industrial complexes, etc.) toxic lead is virtually everywhere : in the air we breathe, in the water we drink and use, in certain food and drinks we consume, in soils and dust around us, work clothes and work sites, many foreign-made products such as toys and furniture, jewelry and cosmetics, hobbies, some pre-1978 built houses and apartments, public and commercial buildings, schools, etc. All of these and other sources are potential risks for lead exposure.
Researchers and statisticians estimate that about 10 billion pounds of lead were used as additives in the manufacture of paint in the United States between 1889 and 1970. While much of it has been covered up, the original leaded paint that is exposed continues to deteriorate, releasing the lead, and posing increasing health risks --- particularly in children under the age of 6.
Residential rental landlords in large inner-city neighborhoods containing pre-1978 built houses and apartments should, in particular, be very diligent in maintaining their properties in a lead-free manner, provide lawful and prudent notice to tenants about possible lead exposure, and maintain organized, detailed records on tenants as well as the rental property (Tenant files, property files, etc.).
Learn and follow the applicable local, state and Federal laws and protocols in your rental property's area concerning lead and lead paint, or hire a competent , lead (Pb)- knowledgeable and responsible residential rental property manager.
Have the residential rental property lead-inspected by a qualified and licensed lead inspector.
All renovation, lead removal and abatement work on these residential rental properties should be performed by State and/or Federally- licensed and lead-certified workers and contractors.
Keep all tenant and maintenance records on these lead-problematic residential rental properties for at least 21 years for each tenant.
[Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally-respected for his successful legal representation of numerous landlord clients.
For an initial courtesy consultation, contact him and his colleagues at (410) 720-6129 or (410) 730-5016. He can help you.]
Researchers and historians believe that lead (Pb) has been mined and used on earth since at least
4,000 BC --- over 6,000 years ago. Lead is a soft, malleable, useful, utilitarian, heavy metal (Atomic Number 82) that does not dissipate, nor dissolve in water, nor decay, nor burn. Lead has a scientific "half-life" of over 500,000 years; meaning lead just lasts, and lasts, and lasts. In sufficient amounts, lead is harmful to the body --- particularly in children under the age of 6. Scientists estimate that there are currently multi-billions of pounds and even metric tons of lead in the earth's environment.
Since it lasts so long in the environment, in many geographic areas(some urban cities, industrial complexes, etc.) toxic lead is virtually everywhere : in the air we breathe, in the water we drink and use, in certain food and drinks we consume, in soils and dust around us, work clothes and work sites, many foreign-made products such as toys and furniture, jewelry and cosmetics, hobbies, some pre-1978 built houses and apartments, public and commercial buildings, schools, etc. All of these and other sources are potential risks for lead exposure.
Researchers and statisticians estimate that about 10 billion pounds of lead were used as additives in the manufacture of paint in the United States between 1889 and 1970. While much of it has been covered up, the original leaded paint that is exposed continues to deteriorate, releasing the lead, and posing increasing health risks --- particularly in children under the age of 6.
Residential rental landlords in large inner-city neighborhoods containing pre-1978 built houses and apartments should, in particular, be very diligent in maintaining their properties in a lead-free manner, provide lawful and prudent notice to tenants about possible lead exposure, and maintain organized, detailed records on tenants as well as the rental property (Tenant files, property files, etc.).
Learn and follow the applicable local, state and Federal laws and protocols in your rental property's area concerning lead and lead paint, or hire a competent , lead (Pb)- knowledgeable and responsible residential rental property manager.
Have the residential rental property lead-inspected by a qualified and licensed lead inspector.
All renovation, lead removal and abatement work on these residential rental properties should be performed by State and/or Federally- licensed and lead-certified workers and contractors.
Keep all tenant and maintenance records on these lead-problematic residential rental properties for at least 21 years for each tenant.
[Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally-respected for his successful legal representation of numerous landlord clients.
For an initial courtesy consultation, contact him and his colleagues at (410) 720-6129 or (410) 730-5016. He can help you.]
BALTIMORE LEAD-BASED PAINT : A PRIMER --- by Landlord Defense Attorney Charles Jerome Ware
www.charlesjeromeware.com " Here to make a Difference. Maryland-based, Nationally-respected."
Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware can be reach-
ed for an initial courtesy consultation at (410) 720-6129 or (410) 730-5016.
For several years now, Baltimore has been considered by many commentators to be "ground zero" when it comes to lead-based paint problems. Certainly, since its prolific use of and contact with lead-based paint began during Colonial times, legacy (old) lead and lead paint residue has accumulated substantially in the Baltimore metropolitan area.
Lead (Pb) is a malleable, soft, useful, utilitarian, and heavy meat (Atomic Number 82) that does not dissolve in water, nor dissipate, nor decay, nor burn. According to many scientists, lead (Pb) has a scientific "half-life" of over 500,000 years; meaning that lead just lasts, and lasts, and lasts. According to knowledgeable researchers, there are currently multi-billions of metric tons of lead in the earth's atmosphere.
Paint manufacturers, the Lead Industry Association, the Federal Government, State and Local governments, et al., have all played significant roles of neglect and inaction in causing the lead
paint poisoning problems in Baltimore; not just landlords. The Federal government was very slow to act to stop the manufacture of lead additive (pigment) for paint and lead for use in gasoline, despite ample evidence of health dangers for humans --- particularly in children under the age of 6. Interior house paint containing lead was banned by Congress in 1970 but was still available until 1978 when it was finally banned by the Federal government. Leaded gasoline was outlawed in the U.S. in 1976. Baltimore was far more progressive than anyone else in banning the residential use of lead-based paint : outlawing Baltimore public housing use of lead paint in 1951, and banning use of lead paint in all Baltimore housing in 1966.
Interestingly, while for many years in the United States lead-based paint was being promoted and sold as the best kind of paint because of its durability and washability, by contrast in foreign countries such as France, Belgium and Austria lead paint use was being restricted as early as 1909.
As early as 1922, the League of Nations called for a complete ban on lead-based paint for indoor use.
Even Tunisia, Greece, Australia, Czechoslovakia, Great Britain, Sweden, Belgium, Spain, Yugoslavia and Cuba had banned the use of lead paint for indoor purposes by 1934.
Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware can be reach-
ed for an initial courtesy consultation at (410) 720-6129 or (410) 730-5016.
For several years now, Baltimore has been considered by many commentators to be "ground zero" when it comes to lead-based paint problems. Certainly, since its prolific use of and contact with lead-based paint began during Colonial times, legacy (old) lead and lead paint residue has accumulated substantially in the Baltimore metropolitan area.
Lead (Pb) is a malleable, soft, useful, utilitarian, and heavy meat (Atomic Number 82) that does not dissolve in water, nor dissipate, nor decay, nor burn. According to many scientists, lead (Pb) has a scientific "half-life" of over 500,000 years; meaning that lead just lasts, and lasts, and lasts. According to knowledgeable researchers, there are currently multi-billions of metric tons of lead in the earth's atmosphere.
Paint manufacturers, the Lead Industry Association, the Federal Government, State and Local governments, et al., have all played significant roles of neglect and inaction in causing the lead
paint poisoning problems in Baltimore; not just landlords. The Federal government was very slow to act to stop the manufacture of lead additive (pigment) for paint and lead for use in gasoline, despite ample evidence of health dangers for humans --- particularly in children under the age of 6. Interior house paint containing lead was banned by Congress in 1970 but was still available until 1978 when it was finally banned by the Federal government. Leaded gasoline was outlawed in the U.S. in 1976. Baltimore was far more progressive than anyone else in banning the residential use of lead-based paint : outlawing Baltimore public housing use of lead paint in 1951, and banning use of lead paint in all Baltimore housing in 1966.
Interestingly, while for many years in the United States lead-based paint was being promoted and sold as the best kind of paint because of its durability and washability, by contrast in foreign countries such as France, Belgium and Austria lead paint use was being restricted as early as 1909.
As early as 1922, the League of Nations called for a complete ban on lead-based paint for indoor use.
Even Tunisia, Greece, Australia, Czechoslovakia, Great Britain, Sweden, Belgium, Spain, Yugoslavia and Cuba had banned the use of lead paint for indoor purposes by 1934.
Friday, April 8, 2016
DARK SECRETS OF CREDIT CARDS AND DEBIT CARDS (Chapter 13 of Book) : Attorney and Author Charles Jerome Ware
www.charlesjeromeware,com " Here to make a Difference."
From Chapter 13 of the best-selling consumer book by Attorney and Author Charles Jerome Ware :
Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States," 154 pages.
This best-selling consumer book is available from all major book outlets, including AMAZON, etc.
Beware: Credit cards and debit cards can be dangerous to the consumer's
financial health. Very dangerous. (page 128)
From Chapter 13 of the best-selling consumer book by Attorney and Author Charles Jerome Ware :
Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States," 154 pages.
This best-selling consumer book is available from all major book outlets, including AMAZON, etc.
Beware: Credit cards and debit cards can be dangerous to the consumer's
financial health. Very dangerous. (page 128)
MARYLAND LEAD PAINT - LEGAL HOME IMPROVEMENT TIPS (Chapter 12) : Baltimore Defense Attorney Charles Jerome Ware
www.charlesjeromeware.com " Here to make a Difference. Maryland-based, Nationally-respected."
Premier lead poisoning and lead paint defense attorney Charles Jerome Ware is also the author of the best-selling consumer book, Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States, 154 pages. Chapter 12 of this best-selling book is titled " Home Improvement Consumer Secrets and Tips". The book is available from all major book outlets, including AMAZON, etc.
If you are a Maryland landlord , homeowner, or tenant --- and you are having renovation or home improvement work done on the property--- it is very important that you hire a Maryland-license home improvement contractor. The Maryland Home Improvement Commission (MHIC) licenses and regulates home improvement contractors, subcontractors and sales persons. The MHIC investigates complaints by homeowners, awards monetary damages against licensed contractors, and prosecutes violators of the home improvement law and regulations.
If you are a residential rental landlord of a pre-1978 built residential rental property, you are required by Maryland as well as by Federal law to hire only state-lead certified (by the Maryland Department of the Environment, or MDE) and/or Federally-licensed (by the U.S. Environmental Protection Agency, or EPA) contractors and/or workers to perform any lead abatement or removal, and any renovation work on the rental property.
The law is : A person performing maintenance, repair, or renovation work involving the disturbance of at least three square feet of lead paint in a residential rental dwelling unit constructed prior to 1950 must follow certain Maryland State lead-safe work practices [ COMAR 26.16.01]. The Federal "Pre-Renovation Lead Information Rule, also known as Section 406 (b) of the Toxic Substances Control Act, requires people performing renovation for compensation in a pre-1978 built residential unit to distribute a lead hazard information pamphlet prior to commencing the renovation
Premier lead poisoning and lead paint defense attorney Charles Jerome Ware is also the author of the best-selling consumer book, Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States, 154 pages. Chapter 12 of this best-selling book is titled " Home Improvement Consumer Secrets and Tips". The book is available from all major book outlets, including AMAZON, etc.
If you are a Maryland landlord , homeowner, or tenant --- and you are having renovation or home improvement work done on the property--- it is very important that you hire a Maryland-license home improvement contractor. The Maryland Home Improvement Commission (MHIC) licenses and regulates home improvement contractors, subcontractors and sales persons. The MHIC investigates complaints by homeowners, awards monetary damages against licensed contractors, and prosecutes violators of the home improvement law and regulations.
If you are a residential rental landlord of a pre-1978 built residential rental property, you are required by Maryland as well as by Federal law to hire only state-lead certified (by the Maryland Department of the Environment, or MDE) and/or Federally-licensed (by the U.S. Environmental Protection Agency, or EPA) contractors and/or workers to perform any lead abatement or removal, and any renovation work on the rental property.
The law is : A person performing maintenance, repair, or renovation work involving the disturbance of at least three square feet of lead paint in a residential rental dwelling unit constructed prior to 1950 must follow certain Maryland State lead-safe work practices [ COMAR 26.16.01]. The Federal "Pre-Renovation Lead Information Rule, also known as Section 406 (b) of the Toxic Substances Control Act, requires people performing renovation for compensation in a pre-1978 built residential unit to distribute a lead hazard information pamphlet prior to commencing the renovation
15 TIPS & SECRETS TO FIGHT FORECLOSURE (Chapter 4); Consumer Book by Attorney & Author Charles Ware
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Attorney Charles Jerome Ware is the author of the best-selling book, Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States, 154 pages. Chapter 4 of this book presents, among other helpful points, 15 Tips for Avoiding Foreclosure, This best-selling book is available at all major book outlets, including AMAZON, etc.
Attorney and author Charles Jerome Ware can be contacted at his offices in Columbia, Maryland :
(410) 720-6129 or (410) 730-5016.
Attorney Charles Jerome Ware is the author of the best-selling book, Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States, 154 pages. Chapter 4 of this book presents, among other helpful points, 15 Tips for Avoiding Foreclosure, This best-selling book is available at all major book outlets, including AMAZON, etc.
Attorney and author Charles Jerome Ware can be contacted at his offices in Columbia, Maryland :
(410) 720-6129 or (410) 730-5016.
TIPS & SECRETS FOR DEFENDING AGAINST FORECLOSURES IN HO. CO. MARYLAND (Chapter 4) : The Book by Attorney Charles Ware
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Charles Jerome Ware is a premier, Howard County-based, nationally-respected trial attorney and author of the best-selling book, Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States, 154 pages.
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. His book is available at all major book outlets, including AMAZON, etc.
Charles Jerome Ware is a premier, Howard County-based, nationally-respected trial attorney and author of the best-selling book, Legal Consumer Tips and Secrets : Avoiding Debtors' Prison in the United States, 154 pages.
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. His book is available at all major book outlets, including AMAZON, etc.
CIVILITY IN HO. CO. MARYLAND FAMILY LAW : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference."
More than any other area of law, family law is the area that demands the most patience and civility
by the parties. The emotions of children, parents, relatives and friends can be overwhelming in family law. And, sometimes, the old adage that " there is a thin line between love and hate" can unfortunately apply in domestic cases. Child custody, support and visitation are almost always difficult issues. Financial and marital property issues are usually difficult, as well. Emotional stress
invariably evolves. Maintaining some semblance of civility can usually help the situation when dealing with these difficult issues.
Attorney Charles Jerome Ware is a premier, Howard County-based divorce and family law attorney
who is among the top family law practitioners in Maryland and the United States. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. They can help you.
More than any other area of law, family law is the area that demands the most patience and civility
by the parties. The emotions of children, parents, relatives and friends can be overwhelming in family law. And, sometimes, the old adage that " there is a thin line between love and hate" can unfortunately apply in domestic cases. Child custody, support and visitation are almost always difficult issues. Financial and marital property issues are usually difficult, as well. Emotional stress
invariably evolves. Maintaining some semblance of civility can usually help the situation when dealing with these difficult issues.
Attorney Charles Jerome Ware is a premier, Howard County-based divorce and family law attorney
who is among the top family law practitioners in Maryland and the United States. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. They can help you.
Thursday, April 7, 2016
LANDLORD LEAD POISONING PLIGHT : Charles Jerome Ware, LLC
www.charlesjeromeware.com " Here to make a Difference. Maryland and D.C.-based. Nationally-respected." If you are a residential property landlord and you are being sued for lead paint poisoning, contact premier defense attorney Charles Ware at (410) 720-6129 or (410) 730-5016. He can help you.
The biggest problem with being a residential property landlord in Baltimore, D.C., and some other major Northeast U.S. cities is that, in many of the neighborhoods in these metropolitan areas, toxic lead (Pb) is almost everywhere; not just in many pre-1978 built houses and apartments.
Consider the Baltimore area,for example, where lead can be found, inter alia: in the air we breathe, in the water we drink and use, in the dust and soil, food and drink, many public and commercial buildings, active and non-active industrial sites, many other products, etc. Since most of the lead poisoning claims, however, are brought against residential rental landlords, it makes their financial situation extremely difficult --- even though in many cases they are ultimately vindicated from liability.
In a nutshell, among the many other pieces of advice I give my landlord clients, I advise that they do the following:
Before you even get into the business of being a residential rental landlord in an area such as Baltimore where there are large numbers of pre-1978 built houses and apartments, do your background due diligence on the real estate. Lead inspection is absolutely necessary, lead abatement or removal by lead-certified and licensed workers may be needed, proper maintenance of the property is a necessity, lawful notice to the tenant is paramount, and organized record-keeping is a must. This is a lot to do ---yes, but absolutely necessary for a residential rental landlord to be successful in a "ground zero" toxic lead area like Baltimore City.
The biggest problem with being a residential property landlord in Baltimore, D.C., and some other major Northeast U.S. cities is that, in many of the neighborhoods in these metropolitan areas, toxic lead (Pb) is almost everywhere; not just in many pre-1978 built houses and apartments.
Consider the Baltimore area,for example, where lead can be found, inter alia: in the air we breathe, in the water we drink and use, in the dust and soil, food and drink, many public and commercial buildings, active and non-active industrial sites, many other products, etc. Since most of the lead poisoning claims, however, are brought against residential rental landlords, it makes their financial situation extremely difficult --- even though in many cases they are ultimately vindicated from liability.
In a nutshell, among the many other pieces of advice I give my landlord clients, I advise that they do the following:
Before you even get into the business of being a residential rental landlord in an area such as Baltimore where there are large numbers of pre-1978 built houses and apartments, do your background due diligence on the real estate. Lead inspection is absolutely necessary, lead abatement or removal by lead-certified and licensed workers may be needed, proper maintenance of the property is a necessity, lawful notice to the tenant is paramount, and organized record-keeping is a must. This is a lot to do ---yes, but absolutely necessary for a residential rental landlord to be successful in a "ground zero" toxic lead area like Baltimore City.
CALCULATING RESIDENTIAL LANDLORD LEAD PAINT CASE RISKS : Charles Jerome Ware, LLC
www.charlesjeromeware.com " Here to make a Difference."
Calculating the risks of residential landlords being sued for lead paint poisoning in major metropolitan communities such as here in Baltimore is something we work with everyday in my
landlord defense law practice. To my knowledge and experience, virtually every major
metropolitan area in the Northeast states with residences built before 1978, old industrial buildings and sites, public and commercial buildings and sites, etc., have some form of lead paint , lead soil, and lead dust problem. Major reasons for this fact are, among other things : lead is a malleable, soft, very useful and utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn; and it possesses a scientific "half-life" of over 500,000 years. In other words --- lead (Pb) lasts, and lasts, and lasts ... virtually forever !
It is believed that lead (Pb) was first mined and used in civilizations as far back as 4,000 B.C. --- over 6,000 years ago. Its mining and use in many societies has been consistently prolific since that early time, and has not diminished except in a few places such as the United States.
The use of lead paint (white lead) allegedly began in the United States probably during Colonial times, although it is more likely that the original native Americans (Indians) used it to paint their horse markings, tents, themselves, etc., even before the colonial settlers.
The following are just a few of the many tips and risks I apprise my landlord clients of in evaluating
their risks of lead paint poisoning claims and lawsuits :
1. Be realistic about the fact that if your rental property was built before 1978, and with even more certainty before 1950, its original paint is most likely lead-based. Get your rental property lead-inspected by a certified and licensed lead inspector immediately.
2. Even after lead paint abatement and removal on the building structure, lead dust and lead soil can still linger on or near the rental property. By law in the United States, all lead abatement must be performed by State and or Federally-certified and licensed workers and contractors. When it comes to
residential rental properties, "doing it yourself" or hiring the handyman to remove lead paint is not allowed unless you and your handyman are "lead-certified."
3. There are several Federal, state and local laws in effect that every residential rental landlord should be aware of. They must be followed. Check with your local and state, as well as Federal public health, public housing, and environment agencies.
4. From Title 10 to the Lead Disclosure Rule, and beyond, there are rules and protocols mandating proper notices to tenants concerning lead risks. Follow them strictly.
5. Being a landlord for pre-1978 built properties is risky. Know what you are doing before you get into this business; and, if you in it, work at doing a good job at it. It does take work.
6. Good maintenance on the property is imperative.
7. Lawful and proper notice to the tenant is crucial.
8 Organized record-keeping (tenant files, property files, maintenance files, etc.) is paramount.
9. Remember :
Not all victims of lead poisoning in urban areas such as Baltimore become sick because of lead paint in or on their residential rental units. For example, toxic lead can be found in the air we breathe, the water we drink and use, the dust and soil, food and drinks, work sites and work clothes, toys and furniture, jewelry and cosmetics, hobbies and folk remedies, playgrounds and sandlots, many other products and situations, etc.
Calculating the risks of residential landlords being sued for lead paint poisoning in major metropolitan communities such as here in Baltimore is something we work with everyday in my
landlord defense law practice. To my knowledge and experience, virtually every major
metropolitan area in the Northeast states with residences built before 1978, old industrial buildings and sites, public and commercial buildings and sites, etc., have some form of lead paint , lead soil, and lead dust problem. Major reasons for this fact are, among other things : lead is a malleable, soft, very useful and utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn; and it possesses a scientific "half-life" of over 500,000 years. In other words --- lead (Pb) lasts, and lasts, and lasts ... virtually forever !
It is believed that lead (Pb) was first mined and used in civilizations as far back as 4,000 B.C. --- over 6,000 years ago. Its mining and use in many societies has been consistently prolific since that early time, and has not diminished except in a few places such as the United States.
The use of lead paint (white lead) allegedly began in the United States probably during Colonial times, although it is more likely that the original native Americans (Indians) used it to paint their horse markings, tents, themselves, etc., even before the colonial settlers.
The following are just a few of the many tips and risks I apprise my landlord clients of in evaluating
their risks of lead paint poisoning claims and lawsuits :
1. Be realistic about the fact that if your rental property was built before 1978, and with even more certainty before 1950, its original paint is most likely lead-based. Get your rental property lead-inspected by a certified and licensed lead inspector immediately.
2. Even after lead paint abatement and removal on the building structure, lead dust and lead soil can still linger on or near the rental property. By law in the United States, all lead abatement must be performed by State and or Federally-certified and licensed workers and contractors. When it comes to
residential rental properties, "doing it yourself" or hiring the handyman to remove lead paint is not allowed unless you and your handyman are "lead-certified."
3. There are several Federal, state and local laws in effect that every residential rental landlord should be aware of. They must be followed. Check with your local and state, as well as Federal public health, public housing, and environment agencies.
4. From Title 10 to the Lead Disclosure Rule, and beyond, there are rules and protocols mandating proper notices to tenants concerning lead risks. Follow them strictly.
5. Being a landlord for pre-1978 built properties is risky. Know what you are doing before you get into this business; and, if you in it, work at doing a good job at it. It does take work.
6. Good maintenance on the property is imperative.
7. Lawful and proper notice to the tenant is crucial.
8 Organized record-keeping (tenant files, property files, maintenance files, etc.) is paramount.
9. Remember :
Not all victims of lead poisoning in urban areas such as Baltimore become sick because of lead paint in or on their residential rental units. For example, toxic lead can be found in the air we breathe, the water we drink and use, the dust and soil, food and drinks, work sites and work clothes, toys and furniture, jewelry and cosmetics, hobbies and folk remedies, playgrounds and sandlots, many other products and situations, etc.
Wednesday, April 6, 2016
CIVILITY IN MARYLAND DIVORCE : Charles Jerome Ware, LLC - Howard County
www.charlesjeromeware.com " Here to make a Difference. Maryland-based, Nationally-respected."
Civility in Howard County is a sought-after and noble goal. The County is proud of this effort in resident civility, and so are its courts. Though difficult at times to accomplish, a culture of civility is particularly important and sought-after in divorce and family law cases in Howard County.
Divorce can be, and generally is, stressful and even traumatic for a couple or family. Decisions about marital property and finances, new living arrangements, parenting schedules, etc., can seem overwhelming. The understandable emotions caused by these changes can make it difficult for divorcing spouses to understand the legal process of divorce; which is why experience attorneys are helpful to the parties. I have observed, as well, that civility between the parties helps move the process along in a more efficient manner.
The following are a few tips I have to assist divorcing parties in, preferably, maintaining some civility in this process :
1. Making an " effort", and maintaining an "attitude", of civility.
2. Do not expect to "win" your divorce case; instead, develop and attitude of "successfully surviving" your divorce. In over 30 years of representing parties in divorce proceedings, it is my observation that
extremely seldomly does a party actually "win" a divorce case [whatever a "win" is defined to be].
3. You and your spouse are the ones getting a divorce --- not your children. As much as possible, try not to involve your children in the bickering between you and your spouse. Save the children.
4. Do not make important decisions in your divorce without thinking them through very carefully. " Measure twice, cut once", so to speak.
5. Do not get bogged down in insignificant things in your divorce. Keep your eyes on the "Big Picture" of what you want to reasonably accomplish --- going forward in your life.
[ Premier divorce and family law attorney Charles Jerome Ware is Howard County, Maryland-based and nationally-respected for his successful legal representation of clients over many years in divorce actions. For an initial courtesy consultation, contact divorce attorney Charles Ware at (410) 720-6129 or (410) 730-5016. ]
Civility in Howard County is a sought-after and noble goal. The County is proud of this effort in resident civility, and so are its courts. Though difficult at times to accomplish, a culture of civility is particularly important and sought-after in divorce and family law cases in Howard County.
Divorce can be, and generally is, stressful and even traumatic for a couple or family. Decisions about marital property and finances, new living arrangements, parenting schedules, etc., can seem overwhelming. The understandable emotions caused by these changes can make it difficult for divorcing spouses to understand the legal process of divorce; which is why experience attorneys are helpful to the parties. I have observed, as well, that civility between the parties helps move the process along in a more efficient manner.
The following are a few tips I have to assist divorcing parties in, preferably, maintaining some civility in this process :
1. Making an " effort", and maintaining an "attitude", of civility.
2. Do not expect to "win" your divorce case; instead, develop and attitude of "successfully surviving" your divorce. In over 30 years of representing parties in divorce proceedings, it is my observation that
extremely seldomly does a party actually "win" a divorce case [whatever a "win" is defined to be].
3. You and your spouse are the ones getting a divorce --- not your children. As much as possible, try not to involve your children in the bickering between you and your spouse. Save the children.
4. Do not make important decisions in your divorce without thinking them through very carefully. " Measure twice, cut once", so to speak.
5. Do not get bogged down in insignificant things in your divorce. Keep your eyes on the "Big Picture" of what you want to reasonably accomplish --- going forward in your life.
[ Premier divorce and family law attorney Charles Jerome Ware is Howard County, Maryland-based and nationally-respected for his successful legal representation of clients over many years in divorce actions. For an initial courtesy consultation, contact divorce attorney Charles Ware at (410) 720-6129 or (410) 730-5016. ]
Saturday, April 2, 2016
Howard County, Maryland Divorce Tips : New Updates By Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference."
Let me start by referencing a few brief points about the divorce process
that, hopefully, will be helpful to the divorcing parties. I have presented
them on many occasions previously to many people. They continue to be
timely points:
1. As with everything else in life, one's attitude is very important during
a divorce. Do not enter the divorce process with the expectation of
"winning" the divorce or "beating" your spouse. Even with the best facts
on your side and the most experienced attorneys, this attitude can backfire.
The better attitude and approach, I have observed over many successful years
of practicing divorce and family law at a high level, is to enter your divorce
process with the goal or approach of "successfully surviving" the divorce; meaning, you will complete the process with your reasonable goals and expectations having been accomplished.
2. Enhance your calm. Do not make important decisions regarding your divorce without
carefully thinking them, nor without consulting your attorney.
3. If the parties have children together, please remember that you and your spouse are
getting the divorce --- not your children. be careful what you say about your estranged
spouse around the kids.
4. Throughout your divorce process, try to stay focused on your "Big Picture". Try not obsess
about all the bad things that have happened between the parties, and try to move forward
with your new plan for your life.
THREE (3) NEW MARYLAND DIVORCE LAWS
Effective October 2015, Maryland has three(3) new divorce laws which are designed to
update divorce in the state.
(1) The first new law reduces the time from one(1) year to six(6) months the time needed for one of the divorcing parties to reside in Maryland if the grounds (legal reasons) for the divorce occurred the State of Maryland.
(2) The second new divorce law removes elements of the limited divorce ground that required voluntariness of the separation and the absence of any reasonable expectation of reconciliation. In
other words, it recognizes that if the parties no longer live together and one of them no longer wants to continue the marriage relationship, neither a court nor the State of Maryland should prevent the limited divorce process.
(3) The third new divorce law is an entirely new ground for divorce. It allows a couple who have worked out all the terms of their divorce, and who have no children in common, avoid waiting up to a full year before petitioning the court for a divorce.
Let me start by referencing a few brief points about the divorce process
that, hopefully, will be helpful to the divorcing parties. I have presented
them on many occasions previously to many people. They continue to be
timely points:
1. As with everything else in life, one's attitude is very important during
a divorce. Do not enter the divorce process with the expectation of
"winning" the divorce or "beating" your spouse. Even with the best facts
on your side and the most experienced attorneys, this attitude can backfire.
The better attitude and approach, I have observed over many successful years
of practicing divorce and family law at a high level, is to enter your divorce
process with the goal or approach of "successfully surviving" the divorce; meaning, you will complete the process with your reasonable goals and expectations having been accomplished.
2. Enhance your calm. Do not make important decisions regarding your divorce without
carefully thinking them, nor without consulting your attorney.
3. If the parties have children together, please remember that you and your spouse are
getting the divorce --- not your children. be careful what you say about your estranged
spouse around the kids.
4. Throughout your divorce process, try to stay focused on your "Big Picture". Try not obsess
about all the bad things that have happened between the parties, and try to move forward
with your new plan for your life.
THREE (3) NEW MARYLAND DIVORCE LAWS
Effective October 2015, Maryland has three(3) new divorce laws which are designed to
update divorce in the state.
(1) The first new law reduces the time from one(1) year to six(6) months the time needed for one of the divorcing parties to reside in Maryland if the grounds (legal reasons) for the divorce occurred the State of Maryland.
(2) The second new divorce law removes elements of the limited divorce ground that required voluntariness of the separation and the absence of any reasonable expectation of reconciliation. In
other words, it recognizes that if the parties no longer live together and one of them no longer wants to continue the marriage relationship, neither a court nor the State of Maryland should prevent the limited divorce process.
(3) The third new divorce law is an entirely new ground for divorce. It allows a couple who have worked out all the terms of their divorce, and who have no children in common, avoid waiting up to a full year before petitioning the court for a divorce.
Vertical Restraints on Lead Paint Enforcement in the U.S. : Residential Landlords Lose, Paint Manufacturesr Win
www.charlesjeromeware,com "Here to make a Difference. Maryland-based, Nationally-respected.'
Particularly in certain large urban areas in the United States like Baltimore and Boston, etc., toxic lead is everywhere : including the air we breathe, the water we drink and use, food and drink we consume, in the soil and dust, in foreign products of all kind that we buy, in many other products we use and consume, in industrial sites, government and commercial buildings, as well as in many pre-1978 built houses and apartments, etc. This is unfortunate because, in sufficient amounts, lead has been medically and scientifically established to be harmful to the human body --- especially in children under the age of 6. Paint manufacturers have known, and should have known this for many years before leaded paint was outlawed for consumer use (in houses and apartments, etc.) by the
Federal government in 1978.
The problem is that, while lead is virtually everywhere as asserted above, the focus of plaintiffs' lead poisoning claims and lawsuits have mainly been geared towards hapless, small-time residential landlords -- instead of the paint manufacturers. What few class action lead cases that have been brought against these formidably giant corporations in states such as California, etc., generally have not ended well for the plaintiffs. The paint companies have won, predominantly.
Unlike a few other toxic products, lead is not going anywhere. It stays in the earth's environment, and will continue to stay in the earth's environment, for thousands of years. It is reported that the scientific "half-life" of lead (Pb) is over 500,000 years.
Lead is a malleable, soft, useful and utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn. It just lasts, and lasts, and lasts.
[ Premier landlord lead paint and poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally respected for his successful legal representation of many landlords charged with lead poisoning. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. He can help you.
Particularly in certain large urban areas in the United States like Baltimore and Boston, etc., toxic lead is everywhere : including the air we breathe, the water we drink and use, food and drink we consume, in the soil and dust, in foreign products of all kind that we buy, in many other products we use and consume, in industrial sites, government and commercial buildings, as well as in many pre-1978 built houses and apartments, etc. This is unfortunate because, in sufficient amounts, lead has been medically and scientifically established to be harmful to the human body --- especially in children under the age of 6. Paint manufacturers have known, and should have known this for many years before leaded paint was outlawed for consumer use (in houses and apartments, etc.) by the
Federal government in 1978.
The problem is that, while lead is virtually everywhere as asserted above, the focus of plaintiffs' lead poisoning claims and lawsuits have mainly been geared towards hapless, small-time residential landlords -- instead of the paint manufacturers. What few class action lead cases that have been brought against these formidably giant corporations in states such as California, etc., generally have not ended well for the plaintiffs. The paint companies have won, predominantly.
Unlike a few other toxic products, lead is not going anywhere. It stays in the earth's environment, and will continue to stay in the earth's environment, for thousands of years. It is reported that the scientific "half-life" of lead (Pb) is over 500,000 years.
Lead is a malleable, soft, useful and utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn. It just lasts, and lasts, and lasts.
[ Premier landlord lead paint and poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally respected for his successful legal representation of many landlords charged with lead poisoning. For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. He can help you.
Howard County Auto Accident Law and Personal Injury Tips : A Summary by Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference."
1. Howard County, Maryland car accident law is based on Maryland's "fault" system; meaning, the
driver who is at fault and caused the accident is responsible for paying the damages to anyone who was injured or harmed by the accident --- including the other driver, passengers, pedestrians, etc.
2. The one exception to the "fault" system in auto accidents throughout Maryland is PIP, or Personal Injury Protection, coverage; also called by some insurance companies " economic loss protection".
3. Those of us who are experienced in car accidents in Maryland usually simplify the descriptive event into two parts : (i) liability and (ii) and damages.
4. "Liability" answers and refers to the question, "Who caused the accident?"
"Damages" is the term we use that refers to the consequences of the other driver's negligence or carelessness. In other words, " What harm did the negligence or carelessness cause ?"
5. I strongly advise my personal injury clients to seek medical attention as immediately as possible after a car accident in which they feel they have been injured. Insurance companies are quick to marginalize or even discount untreated or treatment-delayed personal injury victims. Treatment should, at a minimum, include a professional visit early-on with a medical doctor (MD). Personal injury must be documented by third-party professionals
< MORE >
[ Charles Jerome Ware is a premier, Howard County-based, car accident and personal injury attorney.
For additional answers to your questions, or an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. They can help you. ]
1. Howard County, Maryland car accident law is based on Maryland's "fault" system; meaning, the
driver who is at fault and caused the accident is responsible for paying the damages to anyone who was injured or harmed by the accident --- including the other driver, passengers, pedestrians, etc.
2. The one exception to the "fault" system in auto accidents throughout Maryland is PIP, or Personal Injury Protection, coverage; also called by some insurance companies " economic loss protection".
3. Those of us who are experienced in car accidents in Maryland usually simplify the descriptive event into two parts : (i) liability and (ii) and damages.
4. "Liability" answers and refers to the question, "Who caused the accident?"
"Damages" is the term we use that refers to the consequences of the other driver's negligence or carelessness. In other words, " What harm did the negligence or carelessness cause ?"
5. I strongly advise my personal injury clients to seek medical attention as immediately as possible after a car accident in which they feel they have been injured. Insurance companies are quick to marginalize or even discount untreated or treatment-delayed personal injury victims. Treatment should, at a minimum, include a professional visit early-on with a medical doctor (MD). Personal injury must be documented by third-party professionals
< MORE >
[ Charles Jerome Ware is a premier, Howard County-based, car accident and personal injury attorney.
For additional answers to your questions, or an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. They can help you. ]
Friday, April 1, 2016
LEAD, LEAD SOIL, LEAD PAINT, LEAD POISONING, LEAD DEFENDANTS : A BALTIMORE PRIMER
www.charlesjeromeware.com
Lead defendants are everywhere and of every type in metropolitan Baltimore, Maryland.
One of the major reasons for this is the fact that lead is virtually everywhere in the Baltimore
metropolitan area : e.g., in the air Baltimoreans breathe, in the water we drink and use, in our soil, playgrounds and sandlots, dust, pipes and plumbing fixtures, our work clothes, in our schools, government buildings and commercial buildings, factories and industrial sites, food and drinks, cosmetics and jewelry, hobbies, pre-1978 built houses and apartments, many foreign-made products such as toys, furniture, etc. The point is that not all lead defendants are slumlords. Many are good, law-abiding citizens who happen to be very small-time landlords of a rental property that was built before 1978. Many of them,too, are victims of the lead paint debacle.
Lead is a malleable, soft, utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn. Lead has been mined and used prolifically throughout the industrial world for over 6,000 years (since about 4,000 B.C.). Lead has a scientific "half-life" of over 500,000 years; consequently, it lasts, and lasts, and lasts. Though restricted for good reasons in the United States (mainly health-related reasons), lead is such a useful metal that many other countries simply throw medical caution to the wind and use it anyway in their industries. The problem is that many of the lead-based products made in these foreign countries (like China, etc.) end up being sold
to American consumers.
In urban areas like inner-city Baltimore where there are still many past and present locations of pre-1978 built apartments and houses, schools, industrial and government and commercial buildings, etc., there can be a considerable amount of lead in the soil. Deteriorated lead-containing paint, past auto emissions from leaded gas usage, past industrial activities, etc., all invariably end up in the soil; where children (particularly under the age of 6) play and frequently ingest and inhale lead-tainted soil and dust in yards, playgrounds and parks.
Though not as bad as in some other countries, old or legacy lead paint is a problem in several areas of the United States where there are numerous apartments and houses built before 1978. For many years in the United States, lead paint was marketed and sold as a legal product, and was in great demand because it was washable and durable. Although evidence shows that (like the tobacco industry) manufacturers who produced and sold lead-based paint to consumers knew or should have known,
long ago, that ingested and inhaled leaded paint was harmful to the human body ( and in particular to children under the age of 6), these paint manufacturers continue to produce and sell this harmful product for many years. Finally, in 1978 lead paint was finally banned by the Federal government for many consumer uses in the United States.
Lead poisoning occurs when lead builds up in the body, often over a period of time (months or even years). Children under the age of 6 are are especially vulnerable to lead poisoning, which can severely affect mental and physical development. At very high levels, lead poisoning can be fatal.
[ If you are being named as a defendant in a lead paint or lead poisoning claim, contact premier landlord lead poisoning defense attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016]
Lead defendants are everywhere and of every type in metropolitan Baltimore, Maryland.
One of the major reasons for this is the fact that lead is virtually everywhere in the Baltimore
metropolitan area : e.g., in the air Baltimoreans breathe, in the water we drink and use, in our soil, playgrounds and sandlots, dust, pipes and plumbing fixtures, our work clothes, in our schools, government buildings and commercial buildings, factories and industrial sites, food and drinks, cosmetics and jewelry, hobbies, pre-1978 built houses and apartments, many foreign-made products such as toys, furniture, etc. The point is that not all lead defendants are slumlords. Many are good, law-abiding citizens who happen to be very small-time landlords of a rental property that was built before 1978. Many of them,too, are victims of the lead paint debacle.
Lead is a malleable, soft, utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn. Lead has been mined and used prolifically throughout the industrial world for over 6,000 years (since about 4,000 B.C.). Lead has a scientific "half-life" of over 500,000 years; consequently, it lasts, and lasts, and lasts. Though restricted for good reasons in the United States (mainly health-related reasons), lead is such a useful metal that many other countries simply throw medical caution to the wind and use it anyway in their industries. The problem is that many of the lead-based products made in these foreign countries (like China, etc.) end up being sold
to American consumers.
In urban areas like inner-city Baltimore where there are still many past and present locations of pre-1978 built apartments and houses, schools, industrial and government and commercial buildings, etc., there can be a considerable amount of lead in the soil. Deteriorated lead-containing paint, past auto emissions from leaded gas usage, past industrial activities, etc., all invariably end up in the soil; where children (particularly under the age of 6) play and frequently ingest and inhale lead-tainted soil and dust in yards, playgrounds and parks.
Though not as bad as in some other countries, old or legacy lead paint is a problem in several areas of the United States where there are numerous apartments and houses built before 1978. For many years in the United States, lead paint was marketed and sold as a legal product, and was in great demand because it was washable and durable. Although evidence shows that (like the tobacco industry) manufacturers who produced and sold lead-based paint to consumers knew or should have known,
long ago, that ingested and inhaled leaded paint was harmful to the human body ( and in particular to children under the age of 6), these paint manufacturers continue to produce and sell this harmful product for many years. Finally, in 1978 lead paint was finally banned by the Federal government for many consumer uses in the United States.
Lead poisoning occurs when lead builds up in the body, often over a period of time (months or even years). Children under the age of 6 are are especially vulnerable to lead poisoning, which can severely affect mental and physical development. At very high levels, lead poisoning can be fatal.
[ If you are being named as a defendant in a lead paint or lead poisoning claim, contact premier landlord lead poisoning defense attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016]
BALTIMORE LEAD AND LEAD POISONING DEFENSE : Charles Jerome Ware, LLC, Attorneys and Counsellors
www.charlesjeromeware.com
Lead (Pb) is a malleable, utilitarian, and soft heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn. Lead has a scientific "half-life" of over 500,000 years; therefore it just lasts, and lasts, and lasts.
Due to its physical and chemical properties, many industries have found countless uses for lead in our daily lives.. While certain uses of lead are banned in the United States--- such as lead in paint used in residences, etc., lead is still used in many countries in a myriad in of products. Many of these leaded products make their way in the free market back into the United States and end up being ingested, inhaled or simply used by American consumers.
Lead has been mined and used prolifically in the world since about the year 4,000 B.C. --- over 6,000 years ago. It has not gone away during that lengthy time period. It can be said that lead is virtually everywhere in the industrialized world, including in Baltimore. For instance, some sources of lead in the earth's environment include:
- Lead in the air we breathe;
- Lead in the water we drink and use;
Lead in our pipes and plumbing fixtures;
- Lead in occupational settings such as job sites, the clothes we wear to work, etc.;
- Lead from industrial emissions, such as lead smelters, lead mining, hazardous waste sites, and
and battery-recycling plants;
- Lead in cooking utensils, tableware, glassware, lead-glazed pottery, etc.
- Lead in soils, playgrounds, sandlots, etc.
- Lead in foods, plants, trees, etc.
- Lead paint, and resulting lead dust, found in and around houses and apartments built before 1978
[Lead-based paint was banned by the Federal government in 1978]. Lead dust from deteriorated
(legacy or old) lead-paint is considered to be a significant contributor to childhood lead poisoning
( for children under the age of 6).
- Lead in certain folk or home remedies ( e.g., azarcon, greta, etc.).
- Lead involved in certain hobbies and other activities ( e.g., car radiator repair, target shooting,
stained-glass making, glass or metal soldering, etc.).
- Lead from automobile emissions (before leaded gasoline was finally banned in 1986) that has been
deposited on land and surface water.
- Foreign-made cosmetics, jewelry, furniture, toys, and other foreign-made products.
Lead paint is not the only source of lead and lead poisoning in Baltimore. There are several sources of this toxic metal
Lead (Pb) is a malleable, utilitarian, and soft heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn. Lead has a scientific "half-life" of over 500,000 years; therefore it just lasts, and lasts, and lasts.
Due to its physical and chemical properties, many industries have found countless uses for lead in our daily lives.. While certain uses of lead are banned in the United States--- such as lead in paint used in residences, etc., lead is still used in many countries in a myriad in of products. Many of these leaded products make their way in the free market back into the United States and end up being ingested, inhaled or simply used by American consumers.
Lead has been mined and used prolifically in the world since about the year 4,000 B.C. --- over 6,000 years ago. It has not gone away during that lengthy time period. It can be said that lead is virtually everywhere in the industrialized world, including in Baltimore. For instance, some sources of lead in the earth's environment include:
- Lead in the air we breathe;
- Lead in the water we drink and use;
Lead in our pipes and plumbing fixtures;
- Lead in occupational settings such as job sites, the clothes we wear to work, etc.;
- Lead from industrial emissions, such as lead smelters, lead mining, hazardous waste sites, and
and battery-recycling plants;
- Lead in cooking utensils, tableware, glassware, lead-glazed pottery, etc.
- Lead in soils, playgrounds, sandlots, etc.
- Lead in foods, plants, trees, etc.
- Lead paint, and resulting lead dust, found in and around houses and apartments built before 1978
[Lead-based paint was banned by the Federal government in 1978]. Lead dust from deteriorated
(legacy or old) lead-paint is considered to be a significant contributor to childhood lead poisoning
( for children under the age of 6).
- Lead in certain folk or home remedies ( e.g., azarcon, greta, etc.).
- Lead involved in certain hobbies and other activities ( e.g., car radiator repair, target shooting,
stained-glass making, glass or metal soldering, etc.).
- Lead from automobile emissions (before leaded gasoline was finally banned in 1986) that has been
deposited on land and surface water.
- Foreign-made cosmetics, jewelry, furniture, toys, and other foreign-made products.
Lead paint is not the only source of lead and lead poisoning in Baltimore. There are several sources of this toxic metal
Lead poisoning is preventable when proper steps are taken. The Centers for Disease Control (CDC)
defines "elevated blood lead" (lead poisoning) in different ways at different times. The bottom line is that lead poisoning occurs when the person (ordinarily a child) has inhaled or ingested sufficient lead to cause physical and/or mental illness. Lead poisoning can affect nearly every system in the human body.
{If you are being named as a defendant in a lead paint or lead poisoning case, call premier landlord lead poisoning defense attorney Charles Ware at (410) 720-6129 or (410) 730-5016. He can help you.}
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