Categories
Vocational Expert

Here’s a Dum-Dum Post! Want an Expert too?

Reading Time: 4 minutes

In February 2020, at the beginning of the awareness of Covid-19, I attended a large conference with well over 200 people in attendance.

During lunch, I sat at a table next to an intelligent man and we had a conversation about our jobs and serving as an expert “in the field”. His field is neuropsychology and mine is forensic rehabilitation.

Both interesting jobs involving brainwork, don’t you agree?

During our conversation, I explained how I want my courtroom testimony to be communicated to the jury in plain language so it is understood the first time they hear it.

The audience I’m communicating with is in no way, shape or form dumb, they simply don’t have “forensic expertise”. But, they do have really good listening skills!

I deliver my opinion using a matter of fact strategy that makes sense. This is rather easy for me, because I am a simple, basic person who has studied the case at hand indepth & with no sticky fingers!

I’m no dum-dum either

We continued to discuss how some experts use complicated language in court. It seems that expert wants the jury to believe the expert has incredible intelligence and cryptic knowledge of a complicated subject matter.

I see this as a misguided attempt to manipulate the audience about how to view the facts. And I’m pretty sure each juror can see through the muck too! My lunch mate seemed to know the type of expert I was referring to. 

Perry Mason designs, themes, templates and downloadable graphic ...

I love it when Perry Mason eviscerates a pompous, stuffy “expert” on the witness stand!

My belief is that jurors deserve to hear the facts in a truthful, clear and simple manner. Yes, my lunch mate agreed. He summed it up by saying “jurors know the difference between corn and soybeans.” In other words, give us the facts and let us decide which is which because that’s our job in this case.

For fun, I did a little research on Dum Dums

The spherical lollipops originated from Akron Candy Company in Bellevue, Ohio, in 1924. The sales manager of the company, named them, thinking “Dum Dums” was a phrase any child could say.

Initially, there were 7 flavors: lemon, lime, orange, coconut-pineapple, cherry, grape, and butterscotch. Dum Dums are now made in 16 flavors, with new flavors rotating into the mix every so often.

Ewzzy — Once in generation a Mystery Flavor Dum Dum will...The “Mystery Flavor”

The “Mystery Flavor” is the result of the end of one batch mixing with the next batch, rather than stopping production to clean machines in between flavors.  Source:  https://en.wikipedia.org/wiki/Dum_Dums_(lollipop)

You can tell this decision saved time, and allowed the company to be creative with their product which likely increased interest and ultimately sales! Talk about not being a dum-dum!

Also, just FYI; if you have any Dum-Dums wrappers left, send them in ASAP because, after nearly 70 years, Dum Dums lollipops will be ending its program to exchange wrappers for toys and prizes. The company’s mail in program, which began in 1953, will come to an end on May 31, 2020.  Sorry if you missed out on that timeline!

No more regulation-size rubber baseball and metal wastebasket that could be acquired for 15 cents and 15 wrappers…the “Dum Dums Wastebasket Deal”. I’m sure you’ve seen, or even had one similar, to play basketball in your office space.

Dum Dums Garden

 

Any legal decision is all about: what can be done to answer questions, solve problems, use time wisely, and make or save $$$ in a lawsuit. Because I work on the plaintiff or the defense side, my forensic work helps in any court case. Contact me and we can discuss your case. I’m here to help attorneys help their clients.

Special Order* Hot Pink/ Watermelon Dum Dums | All Distributed ...

If you want a dum dum, I’ll be happy to provide one to you on a stick. Do you agree watermelon flavor is tasty?!

If you want an expert, I’ll be happy to send you information on retaining me as an expert.

Either way, let me know about your case and I’ll let you know how I might be able to help you help your client on the case!

Thank you for reading my dum dum post! 

Here’s another post titled Don’t be a Dumb Bunny! In this post, I write about using your soft skills…another valuable skill to use in a court room!

5/25/2021 update. When I received my 2nd Covid vaccination. I turned down the pharmacist’s post prick offering of a dum dum! Can you believe it?!? It’s true!

Contact me, Amy E Botkin, to discuss your case Vocational Resources Plus, LLC * 515-778-0634  * amyebotkin@lcpresourcesplus.com

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My professional consulting practice focuses on helping attorneys help their clients with civil litigation matters

 

Categories
Expert Witness

Rights of the Expert Witness ~ I’ll Take a Veggie Slice, Please

Reading Time: 3 minutes

Rights of the Expert Witness

expert

I continually assess and evaluate (there I go again!) my rights, values, professionalism, and of course ethics (which I really enjoy!?!) and am hopeful to write more on these topics and my career in the field of forensic rehabilitation consulting.

As far as rights, I found this great listing online (website is referred to below), and yes I added the graphics! I agree with the following essential considerations for taking on the role of expert witness:

  1. I have the right to be paid for my work.  Dream of Getting Paid
  2. I have the right to be prepped in advance of my testimony.
  3. I have the right to ask questions about the case.
  4. I have the right to work for either side, without fear of retribution.
  5. I have the right to change my opinion from previous testimony, as long as my opinion is evolving (based on new information, science and/or experience) rather than revolving (based on which side I’m working for). 
  6. I have the right to say “I don’t know”, if in fact, I don’t know. Just because I’m the expert doesn’t mean I have all the answers. I am clearly okay to say “I’m sorry, that’s outside my scope of practice”.
  7. I have the right to solicit objective feedback about my testimony from  the attorney who has called (and of course, they have the right to  decline to give it).
  8. I have the right to set limits with counsel about the scope of my testimony. 
  9. I have the right to disagree with another expert’s practices or  conclusions, even when I perceive that expert to be: a.) more educated;  b.) more famous; or c.) more experienced. 
  10. I have the right to disregard the initial instinct to view opposing counsel’s expert as the enemy, but instead recognize everyone’s role in the process and share pizza and a bottle of wine with that expert after trial is over.

Pizza

I’ll take a veggie slice and a glass of Chardonnay please. You?

I am glad my career continually evolves! I accept responsibility when providing forensic services to be clear, truthful and comprehensive in my evaluation and report products, and in my role as an expert witness. Thank you for reading!

 Truly, it’s all good work!

Please contact me Amy Botkin for more information ~ 515-778-0634 or amyebotkin@lcpresourcesplus.com

Source for Rights: http://www.forensichealth.com/2011/07/13/10-things-the-fho-expert-witness-bill-of-rights/

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My professional consulting practice focuses on helping attorneys help their clients with civil litigation matters

Categories
Expert Witness

“Somebody Call for An Expert?” I’ll Answer That Call!

Reading Time: 3 minutes

I’ve written about my fondness for Eeyore and want you to know I’m a bit attached to Gopher as well, especially when he comes to the rescue! You’ve heard the story when Pooh eats too much honey (honey is often on Pooh’s mind) at Rabbit’s place, gets rotund, and subsequently gets stuck in Rabbit’s front door.

45 Awesome winnie the pooh bees clipart Winnie The Pooh Pictures, Cute Winnie The Pooh, Winnie The Pooh Birthday, Whinnie The Pooh Drawings, Bee Clipart, Friends Wallpaper, Cute Disney Wallpaper, Cute Animal Drawings, Pooh BearRabbit is not happy and help is needed! Gopher recommends using dynamite, and he’s an expert with that subject, but Pooh isn’t so hot on the idea. If dynamite was needed, Gopher was ready for the rescue!Gopher

Popping out, Gopher exclaims “Somebody call for an expert?!” 

After thinking it through, Pooh, with assistance from his friendly team, realizes how to get unstuck. He agrees with Christopher Robin’s recommendations to patiently wait until he gets thin.

Time passes, and it works (he gets thin!), however, he still needs a good jolt to move through the door. The team is successful and Pooh ends up in a happy place filled with honey! 

Related imageHoney! Yummy! Yummy!

I hope you appreciate this Pooh story. I do. When called, I too, will use my expertise to help you and your team out in complex cases. I’ll answer like Gopher but I am not an expert in dynamite, I am in forensic rehabilitation consulting.

Several years ago, I made an executive decision to study forensic rehabilitation counseling at George Washington University.  I started the post-graduate level educational on-line program on April 15, 2013 and graduated on August 15, 2014.

The coursework taught me more about courtroom testimony and how to function more effectively, efficiently and confidently within the legal system. I gained valuable insight into personal injury, medical malpractice, marital dissolution, product liability, and catastrophic injury cases.

A good expert has more than expertise that you can appreciate! It’s important for me to stand up under questioning. I believe in ways to view intimidation, commit to my opinion, and stay within my area of expertise.

Thankfully, all my training including my background in Community Health Education helps me to help you!

I strive to educate others in a clear manner and to explain a complex subject to a lay audience in simple terms. 

I love my career and deeply care for my work. Guess what else? A good expert like me cares. There’s plenty of satisfying work to accomplish and life constantly moves forward at a really swift pace. It’s important for me to not slow down until the time is right to slow down! I work hard for my customers, for myself and for my family!

When labeled “a firecracker” by a classmate during our 15th year high school class reunion, I had to look up what that meant!

Yes, I realize I can be a bit firecracker-like, mostly because I’m a bold individual and will do what I have to do to accomplish my goals. I believe it’s always beneficial for lawyers and experts to spend time getting to know each other.

Yep, attorneys think differently than counselors. So, please let’s spend a little quality time together before we meet in a courtroom! It will truly prove beneficial.

You’ll find I’m a genuine person who truly cares about serving as an expert in the field. I’m ready, willing and able to offer my voice to help you help your client.  

Give me, Amy Botkin, a call at 515-778-0634 or email me at amyebotkin@lcpresourcesplus.com to start a discussion about your case. I’m here to help you help your client!

Thank you for reading!

___________________

My professional consulting practice focuses on helping attorneys help their clients with civil litigation matters.

 

Categories
Consulting

Employment Discrimination and Help With a Litigation Fix!

Reading Time: 4 minutes

As a vocational expert, I can help sort out the consequences of employment discrimination cases in many ways and from “both sides of the fence”. 

To me, this phrase means I will be fully instrumental to help serve your client without falling off and hurting the case because I have a full grasp of what I’m on to.

To accomplish this goal, I balance your case with your client’s story and use all my instincts and brain power…kinda like a cat!

Black Cat on FenceCats’ tails are instrumental in balance!

Cats’ tails serve as a counterbalance when cats walk on narrow spaces, such as fences. However, one of my felines from long ago, (Max 1987 – 2002) was a Manx, henceforth no tail but he was well able to manage cat life with his strong body shape in every way!

I asked my vet, and yes, even cats with amputated tails have proven to re-learn how to balance.

Employment discrimination cases need plenty of proof and evidence. Loss of salary, loss of benefits, and lengthy unemployment can be quantified pretty easily. Other qualitative issues are more difficult to assert.

For example, if there is a claim the loss of job adversely impacts income and questions surface regarding economic realities, I can help with educating the individual on how to engage in a meaningful and productive job search, or I can assess the extent, quality, and reasonableness of a current job search.

It is important to keep employer attitudes towards hiring an individual terminated from previous employment in mind.

Further, I can help to determine the impact on earning potential and perform a beneficial vocational assessment and evaluation that provides data, and offers qualitative detail such as, for example ~

  • results of a labor market survey providing local job availability along with wages and benefits associated with those jobs
  • qualifications for a variety of  jobs in a person’s labor market
  • vocational training options following the discrimination or termination

Image result for meow

I can also help uncover whether or not a good cause for termination of employment existed. That’s why documenting real time employer and/or employee comments proves helpful to sort out the nuances of the case.

I’ll take a deep look at a behavior or situation that any reasonable person agrees would or would not warrant discharge.

I can help determine the ramifications of ~

      • Attendance
      • Dishonesty
      • Endangerment of health and safety*
      • Illegal conduct
      • Insubordination
      • Personality/attitude problems
      • Poor interaction with subordinates
      • Work performance and productivity
      • Violation of work policies and rules

*If disability is involved in the case, under the employment provisions of the Americans with Disabilities Act (Title I of the ADA), I can assess for qualifications, physical demands and work-related attributes; and identify reasonable accommodation(s).

Keep in mind, I believe that for every disability there is some form of assistive technology to allow continued employment. Most times there is more than one way to do a job!

If necessary, I can provide expert testimony to help prove the loss of job was or was not accountable, understandable, or reasonable.

Do you have a case where I might help? Give me a call and let’s talk!

I hope you’ll find our conversation interesting (I can give you a couple recent case examples). And if you like cats, let me know why, really! And if you don’t like ‘em, I really want to know why!

DudeCats have other unique advantages besides their beloved / not so loved personalities.

If falling (which doesn’t happen much based on my own personal cat ownership research) a cat’s head twists to inform the brain exactly how to restore alignment in a millisecond and a perfect landing is guaranteed!

16 Claws

If a cat falls from a porous surface, 18 hooked claws do their work in an instant!

Do I have you more interested in cats or my work as a vocational expert!?!

Felix Feeling Loving 5-30-2010

Felix (2002 – 2015)

I very much miss my Felix. As mostly a cool outdoor cafe’ kitty, you were quite a lover! Felix shared his feline life with me through many a fix (both his and mine) over the years. 

Keep me, Amy Botkin and Felix with his secret bag of tricks in mind to help in dubious or even in basic situations involving employment discrimination. I definitely can help your case through a litigation fix! 

Thank you for reading my blog post!

Vocational Resources Plus, LLC * 515-778-0634  * amyebotkin@lcpresourcesplus.com

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My professional consulting practice focuses on helping attorneys help their clients with civil litigation matters

Categories
Forensic Rehabilitation

Need A Good Report? Rebut No Matter What!

Reading Time: 5 minutes

I was taught that vocational report writing is a very powerful form of communication and can influence the degree of success for the individual for whom it was written.  I love to communicate through the written word and have written many, many, reports! Blog posts too!

So this blog is to be sure you, my Attorney Reader, know I’m here to help critique and/or rebut a report that may cross your desk.  Image result for report

How many people do you know who really love to write reports? I do! It’s not that the report writing process is easy, it’s a challenge!!

Let me ask: Have you ever read (or tried to decipher) a vocational report that doesn’t make sense?  Is the report ambiguous and difficult to read? Does the person it was written for understand it? Do you understand it? Is it possible the report can be defended? Or should the report be ripped apart, piece by piece to get to its’ nuts and bolts? Need a critique or a rebuttal? I’m here to help!

Rebut No Matter What! 

Bull

This was my husband Randy’s Grandpa Cliff Yearington’s Bull. Cliff knew a lot about Bulls & Bulls*** too. 

Loosen, take apart and re-assemble that poorly prepared report. Will it fall apart or simple wobble on? A poorly prepared report stresses difficulties but doesn’t offer much information about solutions. It talks about weaknesses rather than strengths; deficits and negatives rather than pluses and positives. It seeks to make threats rather than suggest changes. It uses multiple words, unclear statistics, and a slick method to confuse rather than clarify.KeepitSimple

Simply, it’s not helpful to write an entire vocational report about how bad off the person is, especially without mentioning plans to help make a positive impact on the individual’s life.

I love to comb through reports and make all attempts to uncover what the contents say to the reader.  Just because it’s a report doesn’t mean it doesn’t have to make sense! A report still needs to flow, tell a story, describe details and make valid and reasonable conclusions.

Here’s a sentence commonly found in reports from the same vocational person that I’ve been asked to rebut. [Keep in mind this long line comes after results of testing are provided within the report, but they are not explained at all!]

It is important to note that the purpose of all vocational testing done and reported here is to compare an individual’s current performance with their past performance as documented by their education, training, experience, and the standard worker trait factors associated with that history.

Say what? What does this run-on sentence mean?  The writer is using testing to compare performance? Did the evaluee’s past performance have anything to do with the testing administered? Did this person take the same tests throughout their work history? And then the paragraph continues…

 It is NOT correct to confuse an individual’s current test performance with performance in work prior to injury, as current performance is likely affected by the sequelae of disability.

Okay, now who is confused? The test taker? The person administering the test? I’ll tell you who….the reader!Related image The reader is easily confused by a poorly prepared report! 

Don’t be a confused reader! It’ll get you nowhere!

My initial question regarding this vocational report scenario, maybe helping to avoid confusion from the get go, is WHY were EACH of the specific testing instruments administered at all to this specific person? What is the rationalization for administration? The vocational person who wrote the report does not come close to answering these questions. To be ethically sound, administer testing only with a direct and relative reason to do so. 

I’ve written a professional report about my opinion on ethics and use of testing in vocational evaluations. Please contact me for a copy of the report. If you are my contact on LinkedIn, you’ll find it there readily available for now.

The underlying use of testing results to try to prove a person is permanently and totally disabled raises many ethical questions. Would you want that for yourself?

A test, really, a series of tests that I was forced to take, I didn’t understand, and simply put I didn’t want to take…those results determine my fate? Absolutely ridiculous! Results of testing are meant to assist a person for true and valid reasons…..not to paint a picture of “post injury residual vocational potential”

Image result for testing cartoon

Would you like to take ~ 10 tests in a single sitting?  Heck, No!

Without testing, evaluation is merely speculative

Really now? I’ve helped to place literally hundreds of people without administering testing! And many other placement people do too! If you understand the person’s skills and match them with jobs in their own local labor market, there’s a match!

Of course I use certain standardized tests and self-assessments to help people when it is appropriate for reasons directly related to their placement goals, but that isn’t all I use during a vocational evaluation! To help, I gather knowledge and assess many other areas involving work, interests, skills, aptitudes and lifestyle. I do not rely on only the use of test results!

Back to report writing which is a very specialized skill and I continuously study, practice, and improve upon my own writing skills. As a professional writer, I never stop training! I think I gained natural talent from my Grandpa Jack, a journalist!

Image result for writing

When I’m writing, I get very absorbed! My office cat will testify to that!

Again, do you need a critique or a rebuttal? I’m Your Person to Help!

If your opinion on a case doesn’t mesh at all with the report on your desk, please contact me to help sort out the discrepancies. Keep in mind, I know opinions are just that, opinions.  And reports are meant to answer questions, not raise more!

I also want you to keep in mind that if you believe in the truth, there’s a way to show it. Contact me for expert testimony and witness services, too! Oh, and I definitely can rebut a life care plan especially if it doesn’t make a lot of sense to you!

Contact me at amyebotkin@lcpresourcesplus.com   or   515-778-0634 to discuss your case and how I can help! I’m here to help attorneys help their clients.

Notice: I have an updated byline see below!  You may be seeing this or a variation of it on my blog posts instead of the previous byline which read My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 ___________________

My professional consulting practice focuses on helping attorneys help their clients with civil litigation matters.

Medical Malpractice, Personal Injury, Workers’ Compensation, Marriage Dissolution, Expert Testimony

Expertise in Vocational Rehabilitation and in Life Care Planning

Helping Attorneys Help Their Clients

Categories
Consulting

Working on a Litigated Case Involving Work & Disability? A Job Analysis Can Help!

Reading Time: 3 minutes

Are you working on a litigated case involving work and disability? If so, I believe a job analysis can help you and your client, and in many ways!  A job analysis involves the process of gathering and recording objective data about a specific job.  

Image result for data

Capturing what the job is all about helps to evaluate what an employee does, why the work is done, how the work is done, results of the work, the skills, knowledge, and abilities required to perform the work, and the context in which the work fits into the organizational structure.

And, as an analyzing kinda person, I’ll find direct connections to ways of the trade, and possibly record direct comments from incumbents or a worker who knows what’s going on!

Think Before You Ink - | Keercutter and Associates

A job analysis is helpful in many ways. Plus they’re fun to perform!

A complete analysis involves visiting the job site to witness the job being performed and interviewing supervisors and employees about the accuracy of existing job descriptions. (And that’s a story in itself!) It sure can be an interesting tour and communication experience! 

For me to find out what actually takes place on a pertinent day to day basis (without being there obviously because I have my own job to do), consulting with management and incumbents of the job along with digital video recording, if helpful, allows for a critical analysis of the parameters of performance at a work place, including common physical demands of duties of a job. And trust me, a video can produce some humor too when’s it’s needed  at work! 

Video Clip Laughter Practical Joke Funny Animal, PNG, 1024x1024px, Watercolor, Cartoon, Flower, Frame, Heart Download FreeOnce the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written is prepared and presented, there, hopefully will be a greater understanding of the essential functions of the job. And to each person the job can be functionally different. It depends on how one goes about doing it!

JA Matrix

This understanding allows me as a vocational expert to make recommendations for reasonable accommodations and to testify to the efforts of the employer to provide reasonable accommodations.

Need help with a litigated case involving disability and work?

I help with plaintiff/claimant and defense cases! I am not one sided

Contact me, Amy E. Botkin, to discuss your client’s claim. I’m here to help you help your client!

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Categories
Expert Witness

Randy and His Perpetual Flip Off! Need an Expert on Your Case Involving Work & Disability?

Reading Time: 4 minutes

This is edited a bit from original post! The evening before my dad’s funeral in May 2016, my husband Randy walked our dog Bella (who gracefully crossed her rainbow bridge 9/1/21) while holding his cell phone in one hand to talk to my mother about his part in the service, the other hand held the leash. Bella’s a big Aussie girl, weighing in around 60.5 pounds;

and from what I hear, a huge raccoon made an appearance near a sewer opening down the street just as they were walking by. This appearance led Bella to lurch towards the coon…pulling hard on the fingers grasped around the leash, and breaking husband’s finger in the process. Ouch.

Early the next morning, we had to hit the road to make the trip to Iowa Falls and, well, experience what would transpire during my father’s service…and beyond in this world for those of us who loved him and enjoyed his company.  

Here’s a favorite photo of my dad!

Randy never saw a doctor for his finger injury. I wish he would’ve though. I performed my version of physical therapy and Healing Touch on him, but to this day…well, Randy has a broken middle finger that sticks up in such a way it resembles the image below!

Get my drift?

The funeral service was nice, and my mom did a great job choosing the readings and what to sing! Randy read the first reading, my sister Julie the second and Father Tony the Gospel, of course. I was a communion minister for dad’s friends which was very meaningful to me!

Many of dad’s church friends were involved in the Mass and he would’ve loved that! In fact, one of his buddies told me my dad was like a brother to him. At that moment, my heart grew stronger knowing my dad was very special to another person because clearly there’s not much better in life than having a good bro. This was another Godly presence for me; one of many experiences I feel during life!

Good thing my dad was cremated, so no handling of a heavy casket with a broken finger!  Afterwards, we had a nice lunch that my dad would’ve enjoyed thoroughly. He would’ve made and then ate many sandwiches pre and post funerals as he volunteered much time to his Church.  I Love You Dad. You helped a lot of people with their funerals!

To this day, Randy’s finger exhibits a perpetual flip off!  Pretty cool huh?  When certain people, like a friend he hasn’t seen in a while questions why he’s flipping them off, instead of going into detail, he just says “I dunno”.  Recently, he came home from his job and remarked one of his fellow teachers wanted to know why he flipped her off.  He smiled and replied ~

 dunno!

A great memory from a Sunday noon game in October of 2016 and most recently another one in September 2021 is of Randy driving into and out of the parking area of the Kansas City Chief’s Arrowhead stadium gripping the wheel. We knew his flip off in front of many people, staffers, and cops went unnoticed! 

It’s a “I do know” factual concept for me to tap into emotional intelligence when I’m being deposed or testifying. btw I believe it’s okay to flip someone off under a table or in your mind as a form of mental exercise!!

Go ahead and contact me, my Attorney Reader, for my help as an expert, and I’ll offer my complete time and attention  as a consultant and an educator too for your case.

Keep me in mind as I also offer consulting services to help attorneys come up with good questions to help you prepare for a deposition and / or cross examination in a courtroom on cases involving work and disability.

I’m Here to Help You Help Your Client!

The best way to contact me is by email at  amyebotkin@lcpresourcesplus.com. Send a message and I’ll get back to you!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Categories
Author Specials

Happy 22nd Anniversary Vocational Resources Plus! Time to Stop and Smell The Roses!

Reading Time: 4 minutes

Over the years, I’ve received many a rose and enjoy taking pictures of my favorites.  My original idea was to find exactly 22 single rose pictures to celebrate the beginning of 22 years in business, which officially is September 15 of each year. It became quite a project to go through so many photos I’ve taken and make decisions about my selection to post!

Instead, I changed my mind and decided to come close with my count and not worry about the math, especially when at this time it’s time to

Stop and Smell the Roses!

And be satisfied with my efforts because I gave it my all at this time, as I always do for my work! You too? I’ll bet you do (even though I’m not into betting)! Enjoy the photos that follow and read on!

Tiny Orange Rose
Orange Rose
Beautiful Rose yes

All beautiful, yes, I hope you agree! Go ahead and vote on your favorite. I wish you could scratch and sniff each to also let know your thoughts on which you believe smells the best! 

And to be totally honest, the next rose picture was not taken by me!  Incredible, isn’t it? Would’ve you guessed correctly that this was a find on an internet search or actually taken by me? I’ve received blue roses in the past, and my pictures are just too blurry…even when editing. My disclaimer explains

I’ve named this beauty Ghost Rose!

Just to summarize this “author special” post, what’s important to point out is my business has developed for over 22 years. Because my work is important it needs to be clear, simple and pass the “smell test”. 

At times, if an answer to a question or a report on a particular individual or issue is not “perfect”, a decision of what to do next can be unnecessarily stressful. My “best bet” is giving my cases my full attention, and be satisfied with the fact that I put forth my best effort. I’m okay with that with other professionals.

That’s worth, in my opinion, every dollar paid for all the roses Randy’s hand  delivered to me over the years! Hey you my attorney reader, wouldn’t it be nice to have some rose beauties of your own, or to hand deliver to a great friend? That would make a valuable  impression on both hands! Here’s one last link regarding my forensic services fyi and reading pleasure!

Contact me 515-778-0634 or amyebotkin@lcpresourcesplus.com to discuss your case and how I help attorneys help clients. Thank you for reading my blog. I appreciate the time and the attention!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

 

Categories
Life Care Planning

Here to Help The Passionate Attorney Help Your Client ~ Life Care Planning Services

Reading Time: 4 minutes

Along with vocational consulting services, I offer you life care planning services. Life Care Planning Services are valuable to passionate attorneys such as yourself: One who works to your fullest potential for your clients; One who truly cares about your client; and One who strives to maximize the best outcome for your client.

A Life Care Plan will help you help you help your client.

cartoon lawyer  Are You a Passionate Attorney?  Image result for woman attorney cartoon

Comprehensive Life Care Planning Services focus on the individual who sustained a personal or catastrophic injury, has a congenital disease or acquired illness, or suffered a traumatic event that altered his or her life leaving them with a disabling condition. The individual and his or her family is in need of planning how to live with these ongoing life changes.

Image result for passionate attorney cartoon   What About You Mr. Big Finger? Image result for group of attorneys cartoon

A Life Care Plan outlines an individualized holistic program that documents your client’s specific healthcare needs and a projection of what it costs for that care over their lifetime. An economist reviews the plan to determine the present value of the costs.

Even more, a Life Care Plan  helps prevent medical complications, enhances community and society participation, considers quality of life issues, and assists in maintaining emotional and psychological health. 

The person’s life now has important healthcare needs and significant costs are associated with those needs. How can you, the person’s caring and passionate attorney prove this, or show this to others, and why would you need to do so?

A Life Care Plan is helpful in many ways, here are three,

  1. to facilitate decision making relating to the individual’s health care, long-term care, and special needs; and perceive the related costs;
  2. to identify and obtain good care in the individual’s community, whether at home, an assisted living facility, or, if necessary, a nursing home; and perceive the related costs;
  3. to help move the litigation process forward, and ultimately to settle or win a case justifiably at the highest level possible using real data!

A Life Care Plan involves a systematic process (I do that part!) of developing a “road map” of the care, goods and services the person will need to ensure optimal health, safety and life satisfaction. A plan also highlights what it is the person will need to restore or improve their life activities to their maximum potential.

Keep in mind that while most Life Care Plans are developed for people who have suffered a traumatic injury, Life Care Plans are increasingly used for older adults with chronic conditions to anticipate their health and financial needs in later years. Do you have a client in this elite category? If so, be prepared for more future that focuses on healthy living! (Hint: Get a Life Care Plan!)

Image result for quality of life

The standard definition of a Life Care Plan is a “dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs. (IALCP – International Academy of Life Care Planners, 2003. Definition established during the 2000 Life Care Planning Summit.)

Please visit Dr. Deutsch’s webpage for much more information on Life Care Planning. Dr. Deutsch was on my training team!


Above is my most recent CRC Certificate and below is my CLCP Certificate

I need to take another picture of my newest one which expires February 28, 2026!

I am a Certified Rehabilitation Counselor (CRC) and a Certified Life Care Planner (CLCP).  As a professional in rehabilitation, I am able to develop a plan using  advanced knowledge of specific disabilities, established treatment care resources, and a consistent objective approach toward the practical and functional elements involved in providing the treatment of catastrophic injuries and diseases. 

Communication and negotiation skills are essential (so true) while working with patients, families, caregivers and treatment teams. Keep on perusing my website, which is mainly a relationship building blog, and read my writings. I’d be happy if you would truly consider how Life Care Planning Services will help you help your clients.

Contact me ~ Amy Botkin, MS, CRC, CLCP ~ at 515-778-0634 or by email at amyebotkin@lcpresourcesplus.com  so we can start discussing your case.

I’m here to help you help your client!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Categories
Expert Witness

Cross Examination is Like Playing Ms. Pac-Man & I Like it!

Reading Time: 4 minutes

I know that a good attorney who excels at cross examining an expert witness is thoroughly knowledgeable of their case. Volumes of data and detailed information needs to be absorbed and analyzed before going to court! 

You my attorney reader, use intuition and instinct to discover weak points in the witness’ presentation, and in a fair and calm manner, formulate and ask clear questions to elicit precise information. This requires patience and self-control, especially when you’re working on the spot! Job well done!

I’ve been a vocational expert witness during workers’ compensation court proceedings about 12 times over the last 16 years. I have served in courtrooms (mostly conference rooms with a workers’ compensation deputy commissioner presiding) with up to eight people present. 

Currently I’m providing services to Nebraska Workers’ Compensation Court system. The cases are multi-layered and can be complex

I’ve also testified in divorce court proceedings, personal injury and medical malpractice cases. For a copy of my most recent litigation history, please inquire and I’ll be happy to provide it to you.

From my side of the stand, I better be familiar with rough courtroom conditions!

I’ve experienced verbal assaults on my work, my credentials, my vocation, and even my personality  What, I’m too nice, huh? hahaha!! by the opposing attorney. I learned a lot from prior mistakes but I learn even more from recent successes along with a few bumps and bruises here and there.

I remember my first court appearance many moons ago. I was the primary job placement specialist on a case when the opposing attorney stabbed my body language erroneously.  Because there was nothing to see because human bodies speak for themselves, he undermined his credibility not mine. And I remember that well.

Image result for old fart cartoonI have no idea what the old fart was trying to do, but the judge didn’t care for it either!

I remember another court case (this was in Council Bluffs) that involved typical cross examination, starting out with repeating basic questions to get different responses from me…then the pressure was applied! I used first-hand knowledge and communication skills to respond to his questions, remaining true to my convictions while expressing strong belief in my work.

Hopefully I revealed to everyone in the room that being confident, calm and polite is a respectful way to answer difficult questions – even personal attacks. The judge on this case was newly appointed at that time. I don’t know the decision nor have I reviewed the transcripts on that case. I suppose decisions and transcripts could help me to some degree, but I don’t ever have direct access to them plus to me it’s likely they are not pertinent to any future case other than learning from miscue or miscommunication errors.

My goal as an expert witness is to win over the people in the courtroom.

To prepare for cross, I think of all the factors that may arise on a case and pay close to attention to what I want to say about 5 to 7 main issues or circumstances most likely at the meat of the matter, commonly being extent of loss of earnings. I realize the cross examiner will try very hard to prove his or her theory of the case, while devaluing mine. The opposing attorney wants to discredit me, and will eat away at any potential weakness in what I said or reported.Ms Pac-Man

I’m  pretty good at Ms. Pac-Man! Wanna play?

I rely on my expertise, research on disability and rehabilitation, objective evidence, direct placement experiences, the principles of ergonomics along with the provision of reasonable accommodation to help determine an individual’s work potential.

I understand how worker profile changes may impact access to the labor market and wage earning capacity. I can respond creatively by highlighting the constructive and favorable strengths of how my work brings successful results and focus on the positive nature of change, motivation, and choice.

I educate everyone in the courtroom about the scope of my practice and how it works when the individual agrees with my approach. Most importantly, I match people within their own world of work which takes time, attention and a great appreciation for the jobs people do everyday.

Image result for jobs cartoon

Need help with your litigated case involving work and disability? Let me know what you see as the most important aspects of the case and I’ll let you know if I believe I’m the right person to help you help your client.  

I’ll view my  interests, do a conflict of interest check and consider whether or not the case is in my area of expertise. And keep in mind I work on both sides of the fence

Need an expert?  Contact me, Amy E. Botkin at 515-778-0634 or      amyebotkin@lcpresourcesplus.com

Thank you for reading!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.