July 2007


General21 Jul 2007 01:01 pm

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Attaining an Online College Degree

 by: Jay Moncliff

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There are a lot of people out there who just don’t have the time to go to a college campus for an education. This can be for many reasons, such as work, finding a babysitter, costs of college courses, or even coordinating it to fit into your busy schedule. There is a solution for this. You can obtain an online college degree.

An online college degree is just as valid as a degree you receive at a regular college campus. In fact a lot of people prefer it. This is because you can get an online college degree from the comfort of your own home. You don’t have to go anywhere to get the online college degree and you can register for the courses for your online college degree at home as well. You also don’t have to commute to go to school, which in turn will save you gas, time, and money. An online college degree program will fit into any busy schedule and is convenient for anyone.

Online college degree programs offer financial aid and assistance just like regular college campuses do. Online college degree programs also offer job placement programming to anyone who completes the courses and obtains the online college degree. Online college degree programs often boast that you can get your degree in half the time it would take from a normal on campus course program. This is true because an online college degree program allows you to take the courses as quickly or as slowly as you want. It is all done at your own pace!

Now that you see the advantages of obtaining an online college degree, let us look at some of the online college degree courses offered. Some are: accounting, teaching, business, computers, criminal justice, legal and paralegal, dental assistance, travel and tourism, and many more. There is even master degree programs offered online so you can even further you education.

The prices of online college degree programs can vary from school to school. It is best to do your research and see what school offers you the best deal and the best education. If you need financial aide, be sure the school offers it before you enroll. Remember, this is an online college degree program so it doesn’t matter where the course is coming from!

You can now see the huge advantageous of obtaining an online college degree. There really aren’t any disadvantages. Only positive things have been said about online college degree programs. You have nothing to lose and everything to gain! Why not give an online college degree program a try? You will find it is truly worth it, for you and for your future.

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About The Author

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General15 Jul 2007 01:03 pm

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Holler To Be Heard

 by: Sherri L Dodd

I holler a lot. I holler in amazement. I holler when I need someone. You can surely bet I holler when I am mad. I holler that dinner is ready, and I holler when I stub my toe. I am a mom who hollers about darn near everything. Perhaps it was my early upbringing in the southeast countryside of Texas. Perhaps it is because I am near deaf from blaring music into my headphones as a teen. Or maybe, it is because I want to be unmistaken ably heard the first time I say something.

I have always hollered. But becoming a mother brought new challenges. As my baby grew into a young boy my habit came in direct contraindication with my preaching. At stores or restaurants, the instruction to use his inside voice (a politically correct term used in all the reference books) left my son puzzled. Who could blame him? The poor dear had not really experienced much exposure to an inside voice unless we were in a formally religious setting or about to spring out on unsuspecting daddy coming into a dark room. And, since competition was fierce when getting mom s attention away from little brother, daddy, work, etc., I am sure that he figured the louder the request the more likely it would be heard, the first time.

Fortunately, my hollering has begun to lessen over the years, but not before my son learned to flex his own vocal cords. Today, he is usually appropriate in the timing of his hollering but there have been instances where we get double-takes from people wondering if he is talking back to me or not. Quite frankly that is okay by me, I not only want to be heard the first time; I also want to be able to hear something the first time it is said. As well, I think hollering in the right places is okay. And who knows how much a holler could help in a troublesome situation.

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After recently watching Dreamworks Madagascar, my husband was channel-surfing and pit-stopped on Chris Rock doing stand up comedy. (For those unaware, Chris Rock is the voice of the zebra.) Knowing that I am a mom who writes about the lighter side of motherhood, you may think I am about to criticize and condemn his foul-mouth attempts at humor. Au contraire! I must say he can get extreme, but I actually found that he made a very good point during one of his jokes. In so many colorful words, he explained that we need to teach kids the value of speaking up when approached by strangers. I am sure we all agree but his suggestion was quite unique. While Hey! I don t know this mother f** is pretty abrupt, can you imagine the impact? For instance, at a park, you hear so many giggles, yells and miscellaneous noises that you really do not always catch who called out from where at first glance. But, you can bet when a mom has her child at a playground and someone belts out an obscenity, especially in the voice of a child, EVERYONE will be turning to see who the bad influence is and which accompanying parent has failed to properly raise their child.

I know hollering is not for everyone and even frowned upon in certain social circles. It can be construed as rude, obnoxious and unsophisticated. Let they who are offended think as they will. I have seen many good people who holler. Think of all the hollering an entertainer must do over a thunderous crowd. Think of how much hollering cheerleaders do in support of their team. Think of the hollering a doctor must do in a crucial situation, barking orders as seconds count between life and death. Were these the weak-voiced moppets of yesterday? I would imagine not. While my children have quite a ways to go before determining their path in life, I am sure that they will choose something well-deserving of the edified skill they learned from their mom. And when they fulfill their various undertakings, I am sure to be there, hollering with pride.

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Sherri Dodd is the creator and author of the newly-released book, Mom Looks Great - The Fitness Program for Moms. She is an ACE-certified Personal Trainer and Lifestyle & Weight Management Consultant with over fifteen years of exercise experience. She has lectured to groups on her fitness plan and is a freelance writer on the topics of fitness and general nutrition as well as the humorous side of motherhood.

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General02 Jul 2007 01:03 pm

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Common Sense Rules of Advocacy for Lawyers (an excerpt from the new book)

INTRODUCTION

The excerpt, below, is from Common Sense Rules of Advocacy for Lawyers, by Keith Evans. It’s pulled from four sections of the book: The Dimensions of Advocacy, Advocacy
as Theater, Cross-Examination, and Written Advocacy. It is
both entertaining and… brief.

The author, Keith Evans, is the de Tocqueville of advocacy: a visitor who appreciates the beauty of American jurisprudence. He studied law at Cambridge, starting as a Barrister in 1963, and continuing as a trial lawyer in California from 1975 to 1996. A distinguished professor of trial advocacy in both the U.S. and the U.K., Evans retired in 1998.

More information about the book Common Sense Rules of Advocacy for Lawyers — and author Keith Evans — follows the excerpt. Enjoy!

Dimensions of Advocacy
The Fourth Dimension: Time

Time. Your time. My time. It’s expensive stuff. Some of
you, perhaps most of you, measure your profitability by
time. Billable hours mean time. Time to the lawyer can be
enemy or paymaster. Time is a demanding mistress, a jealous
lover, a jailer, a slave driver.

It can also be elastic. Compare ten minutes making love with ten minutes having a root canal fixed. And think of how long a drawn-out six hours in a jury box listening to an incompetent, wasteful attorney can be. Most jurors have better things to do with their time. We don’t usually pay them enough to park their car, and they are giving their time as a public duty. They have to rush around outside court hours getting everything done just so they can sit there and listen to you, you, hour after hour, day after day, perhaps even week after week.

And what about the judge? Do you know how much she has waiting to be done, on the other side of the corridor? Do you know how much paper she has to look at just to stay abreast of the workload?

Time is the “fourth dimension” in which you operate as a trial lawyer, and if you forget it, if you forget it for one moment of your factfinder’s precious time, look out! If you ever give them cause to feel that you are wasting their time, they will resent you for it, and if you get your factfinder feeling resentful about you, you are a good halfway to losing your case. This is far more important than most lawyers realize.

It’s worse than that. It’s not just that the inexperienced attorney hasn’t grasped the problems of the Fourth Dimension. There is an opposite pressure that works on us and we usually give way before it. It’s a two-pronged thing.

FIRST PRONG: You’ve got a client. The client is almost certainly in court, listening intently to everything. You feel this huge obligation to make sure she feels she is getting her money’s worth. You have this strong conviction that you ought to be giving her so many questions in cross-examination, so many square feet of transcript. If you don’t do this, isn’t she going to feel that you didn’t do your best for her, that you sold her short, that you let her down?

Sure. She may indeed. And she would be as wrong as you were. This is something you must talk to her about in advance. This is part of the private advocacy that goes on between attorney and client. You’ve got to explain it, make her understand the Fourth Dimension, make her appreciate that brevity is your secret weapon. When she sees the quality of attention you are getting from your factfinder, she’ll stop worrying about it, but, yes, you do have a duty to explain all this to your client in advance.

SECOND PRONG: The other kind of pressure that will push you into wasting time is your own insecurity. You’ll be convinced that you didn’t make yourself clear enough,
didn’t say it forcefully enough, didn’t get your point across adequately. And you will repeat yourself. It’s so understandable, this fear, this anxiety. We’ve all suffered
from it and know the pressure. Don’t yield to it.

Advocacy as Theater
Rule #28: Be Brief

Do not use up a minute more of your factfinder’s time than is absolutely necessary. It works. It works incredibly well. You doubt this? I doubted it. We all doubt it. The practical rule, Be Brief, sounds like an encouragement to chicken out, not to do your best for the client, not to do a through job. It’s not so.

Being brief requires planning, real preparation, intensely concentrated thinking. Covering all the points you need to cover without a single wasted word, making the impact you need to make as economically as you possible can, is anything but easy. Getting ready to do this successfully can be hard labor. But it works and I’ll demonstrate to you why it works.

Imagine yourself sitting on a jury. The trial lawyer stands up and does his opening. He tells you a story, a story that’s easy to follow and that engages your interest. You can see very clearly why the case had to come to court. He’s made you feel a wrong has been suffered that needs to be righted. But suddenly he’s stopped. Just when you were comfortably settling in to the unexpectedly enjoyable business of listening to this interesting guy — he’s done. He has stopped before you’ve had enough. He followed the rule of all good entertainment: he left you wanting more.

You are now in a state of looking forward to the next time that guy gets to his feet. When he does, he will have your total attention. But he does it again. Even before you settle in to really enjoying it, he’s finished. And he does it again the time after that. He does it all the way through the trial. Then you come to his final summation and instead of being so brief, this time he gives you a little more. And even a little bit more is so gratifying.

By working the Brevity Rule in harness with the Tell Them a Story Rule (Rule 22) in harness with the Avoid Detail Rule (Rule 26), this advocate has you sitting in rapt attention every time he opens his mouth. When you see it done properly, it’s a delight to behold, and the contrast with the ordinary, run-of-the-mill advocate is amazing.

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Cross-Examination
Rule #28 Again: Be as Brief as You Can Be

There is a special reason for this rule in cross-examination, quite apart from your constant duty to save your factfinder’s time. Almost all witnesses get more confident and more effective the longer you cross-examine them. Why is this?

When you stand up to cross-examine, the witness is almost bound to be wary of you. At this point, you have an enormous advantage: he doesn’t know how much you know. If he has been slanting his evidence, especially if he’s been telling lies, he is afraid of you and of what you might have up your sleeve.

During the first five minutes, he is assessing the situation, estimating how dangerous you are. It’s a rare witness who starts taking liberties with you at the outset. But the longer you go on without hurting him, the more confident he’s going to get. The more confident he gets, the less easy he is to control.

You may be intending to lull him into a sense of confidence. It’s useful to do this sometimes. But if that is not what you’re trying to do, you should never let it happen. If you can get everything done with a witness during those first few minutes, so much the better. If you need longer, if it’s one of those cross-examinations that can’t be done quickly, make sure you use those first minutes to convince him that he dare not relax. All these things are encompassed by the Be Brief Rule.

Written Advocacy:
Rule #99: There’s No Rule of Court Which Requires Your
Document to Be of a Minimum Length

It’s the same all the way through advocacy: brevity works wonders. If you believe nothing else you have read in this book, believe this.

Brevity is such a scarce commodity, now as over the centuries. Listen to one of the greatest of our predecessors, an attorney who used to spellbind the juries and whose economic use of English is still an example to us all, but who on this occasion was suffering at the hands of the wordy and the unfocused. Abraham Lincoln, reading a report of a Congressional committee on a new gun, raised his weary head and exclaimed, “I should want a new lease of life to read this through! Why can’t an investigating committee show a grain of common sense? If I send a man to buy a horse for me, I expect him to tell me that horse’s points — not how many hairs he has in his tail!”

Why can’t an attorney show a grain of common sense, and regard it as a point of professional honor to be as brief as possible? We have already turned up a number of reasons — the sheer weight of tradition and convention, the occasional need for the precision of the engineer, the badge-language we are tempted to flaunt — but there is another reason, a much more sinister one, and it is this.

Churning out boilerplate makes money.

A battalion of associates busily producing needless verbiage not only pays the rent, it makes a handsome profit.

I recently received a 72-page document. It was an answer to some interrogatories in a wrongful termination case. Every single interrogatory had first been objected to, then answered briefly. The objection occupied seven lines, and the identical seven lines had been reproduced, over and over again, in respect of every single request.

It was wearisome reading. It involved trudging from page to page, wading through repetitious junk to find the meat of the response. Three words were all we needed: “The same objection.” Everyone would have understood and not one of us would have complained about the missing seven lines. Two-thirds of the paper would have been saved.

And it was slightly sickening to reflect that this cynical waste of paper, time, and effort is how our profession operates. Those answers to interrogatories were absolutely typical: the generating of useless language is the norm. It pays the rent.

That pleading came from a law firm that enjoys the highest reputation. All their other pleadings have been the same. When they took my client’s deposition, they spun it out over nine days.

We all know what I’m talking about. This shameless behavior is rampant in the legal profession. And it’s not only done to make money: there’s a grubbier motive some of the time.

It is a recognized strategy, these days, to paper your opponent to death. Drown him. Use up his resources. Wage a war of attrition. Use the financial muscle of your client to drive your opponent into the ground. Beat him, not on the justice of the case, or on the right interpretation of law and fact, but by superior wealth.

There are hordes of American attorneys willing to sell themselves as mercenaries in this shabby war.

Take another look in the mirror. Are you one of them?

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If your client objects to paying as much for a slender document as he would pay for half a pound of wasted paper, use a little private advocacy. Remind him of what Mark Twain wrote to Abigail — when he apologized for the length of his letter, explaining that it would have been much shorter if he had had more time.

Remind your client, too, that the slow process of distillation which makes brandy out of wine has its counterpart in lawyering, and that ten words that move your reader are worth more than ten thousand that don’t. Show him your product and explain the work that went into it. Explain, as you explained before you began your trial, that brevity is your secret weapon, but that it has to be worked for with time and effort. Do this, and you’re unlikely to have trouble with your bill.

Brevity is not only a characteristic of effective advocacy. In this profession of ours it is a badge of honor, recognized as such by the oppressed judges and by every thoughtful attorney. You want to be outstanding? Be brief.

About the Book
Common Sense Rules of Advocacy for Lawyers
Author: Keith Evans
Published by: TheCapitol.Net
Courtesy of: www.thecapitol.net
ISBN 1-58733-005-9, 240 pages, hardcover, $35

Common Sense Rules of Advocacy
for Lawyers is the
classic guide to advocacy for trial lawyers. First published in 1994, it has been hailed as the finest book of its kind (see the endorsements, below). Keith Evans explains the previously unwritten rules of advocacy, all based on the premise that the purpose of a trial is not to locate the truth — that’s what discovery is for — but to present allowable evidence in such a way as to gain a favorable opinion from your factfinder (judge, jury, arbitrator, boss, etc.).

Common Sense Rules superbly illustrates the premise that advocacy is theater, explaining the nuances of persuasion in a writing style more like a letter from a friend than a legal text. The wisdom of this book, earned through hundreds of trials, has extraordinary value, not only for the trial lawyer, but for anyone involved in persuasion and
negotiation: mediators, facilitators, arbitrators, public speakers — anyone who’s ever sweated through a public presentation. Contents include:

Introduction

The Dimensions of Advocacy

The Mandatory Rules of Advocacy

Advocacy as Theater

The Psychology of Advocacy

The Examination of Witnesses

Direct Examination

Cross-Examination

Re-Direct Examination

The Final Argument

Written Advocacy

Advocacy in the Age of High Technology

Conclusion

Common Sense Rules of Advocacy for Lawyers contains tips and rules that will make anyone a better advocate in 10 minutes a day. Keith Evans’ commentary on courtroom choreography will be treasured by veteran trial lawyers and a godsend for those new to advocacy. This book is a perfect gift for law school grads, a great “welcome aboard” present for new associates, and an essential reference for law schools and law firms.

Endorsements

“The book is a valuable review for the old timers and an
excellent primer for those who are starting the climb.”

— Jacob A. Stein Stein, Mitchell & Mezines, Washington, DC
“The scope of the book — everything from what to wear in the courtroom to writing a trial brief — is truly impressive, yet the author maintains a tone that is refreshingly readable… I wish I had had this book when I was a young lawyer. I highly recommend it.”

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— Karl Tegland, author, Courtroom Handbook on Washington Evidence
“Advocacy is an art as well as a skill, and Keith Evans presents the rules of mastering that art in a very down to earth manner. Filled with humor and eminently readable, his book is a great introduction for the new lawyer and a wonderful learning tool for the advocate with experience.”

— Sherman L. Cohn, Professor Georgetown University Law Center (first national President of American Inns of Court)
“This is a wonderful ‘Bible’ for the trial lawyer who wants to win. If only we had had this in law school!”

– Browne Greene
Greene, Broillet, Panish & Wheeler, Santa Monica, CA
“This is a remarkable compendium of useful advice presented in a straightforward, entertaining manner. If new advocates could have only one ‘how to’ book this would be it.”

— Roxanne Barton Conlin Roxanne Conlin & Associates, Des Moines, IA (first woman President of Association of Trial Lawyers of America)
Copyright 2004 by TheCapitol.Net, Inc. All Rights Reserved. Please feel free to duplicate or distribute this file as long as the contents are not changed and this copyright notice is intact. Thank you.

——————————————————————————–

About the Author

KEITH EVANS is a retired member of the Bars of both England and California, a Scholar of the Middle Temple Inn of Court in London, a member of Gray’s Inn and a former Honorary
Master of San Diego’s Louis M. Welsh American Inn of Court.

He studied law at Cambridge and started trial practice as an English Barrister in 1963. From 1975 until 1996 he was an active member of the California Bar.

He has handled several hundred jury trials and has practiced in State and Federal Courts as well as, in England, every court from the Old Bailey to the House of Lords.

He was forced to retire (while, as he puts it, on a winning run) after suffering a stroke in 1998.

The holder of an Outstanding Trial Lawyer award from the San Diego Trial Lawyer’s Association, he is also a distinguished teacher of trial advocacy. His book on the subject is the standard text in England and in many parts of the British Commonwealth.

He has been a visiting professor at an American university
law school, has been on the faculty of the National Institute for Trial Advocacy (NITA), and he still teaches a highly acclaimed full-day CLE seminar on trial-advocacy.

He practiced with several firms in the United States, including Gray, Cary in San Diego and the aviation litigation firm of Speiser, Krause & Cook in New York City and Washington, DC.

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General01 Jul 2007 01:01 pm

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It’s been said, time and again, that for a child to learn what is most important, he must be shown the lessons through example, not through words. And, if we are to nurture certain traits within our children, we must first develop those traits in ourselves.

I’ve been teaching martial arts to children for a decade and a half and I’ve discovered something amazing about children - they want to learn what is expected of them. For all of the ‘button-pushing,’ resistance to your wishes and what-not, children want to know the rules and have a deep-down, almost inherent, need to “do it right.”

Unfortunately, I’ve also discovered that many of the parents who bring their children to our programs live by two deep-seated desires. And even though they express their wishes for their child to develop more confidence, discipline, and respect - not to mention the ability to protect themselves from the dangers that they know exist in the world, they will almost always default to these desires, even though it means that their child may never develop these important traits and abilities.

What are these desires?

1) That their child is never angry at them, and,

2) that they never want to have to say “no.”

Is this true about all parents? No, of course not. But it is true about many.

Even without these words being spoken, the message is plain and clear when it comes in the following forms:

“She doesn’t want to come to class and I don’t want to force her.”

“Really,” I say. “And why not?”

‘Excuse me?”, comes the reply. “I don’t understand.”

“Well,” I add, “don’t you make her do other things that she doesn’t want to do?” “I’m sure you make her brush her teeth daily, go to school even when she says she doesn’t want to, and probably a dozen or so more things every day, don’t you?”

“Yes, but that’s different,” is often the reply.

“Different?” I ask, “how so?” “Don’t you think this is important?” “Isn’t it still as important today, as the day you brought her in and said she needed to be confident and learn to protect herself?”

Here’s another one that my staff and I hear regularly.

“I’m not going to commit my son to a year (or three year) program. That’s too long for someone his age. He doesn’t know what he wants”

Again, my response is that the parent is missing something in the logic, if it’s logic that’s driving at all.

“Is your child in school?”, I ask.

“Of course,” comes the reply.

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“So you do think that an education is important and will take a considerable amount of time to prepare your son for the real world?”

“Yes. I don’t see what that has to do with karate classes.”

“It has everything to do with karate classes, because this is an education too. One that your son won’t get in school or out of a text book. And, what he learns here in the way of confidence, discipline, pride, respect, and the ability to stand up for what is right, will affect every other part of his life, for the rest of his life.”

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Again, I hear, “But this is different.”

“How?,” I ask. “He will be going to school for the next eleven to thirteen years, not counting college. And, I’m sure that you’ll make him go, even on those days when he doesn’t want to. You will have all the right reasons to explain to him why this is important, right? No sir, this is no different. It is exactly the same. And, if its important for your child to learn the lessons you brought him here to learn, it’s less important whether he likes it or not. And, as for him not knowing what he wants, that’s what we as parents and teachers are here for, isn’t it. To guide, provide opportunities and to give our children what they need, even if it’s not what they want.”

The actress Bette Davis was quoted as saying, “If you have never been hated by your child you have never been a parent.” I believe this because I believe that my job is not to be my child’s friend, but to be his guide, mentor, and teacher for handling the challenges of life. If I don’t, then who will? And besides, there’s plenty of time to be his or her friend after they have grown to adulthood, had the same experiences in the world, and can relate on an adult level. There is a huge difference between being ‘friendly’ and being ‘friends.’

To many, I’m sure that all of this seems harsh and many, I’m certain, have already stopped reading altogether. My point is simple. We, as parents and teachers are teaching your children regardless of whether we open our mouths and say the words in the lesson or not.

If we’re to teach our children to do what’s important, not just what feels good

…if we are to teach them the value of committing to a worthwhile endeavor because it’s worthwhile, not just because it’s easy or convenient

…if we’re to teach them to not be quitters in the game of life…

…we must instill the lessons whether they like us for it or not.

How else can we possibly teach, and have our children practice, things like commitment if we never provide the opportunities for them to commit or allow them to quit because something’s not fun? When was the last time our creditors allowed us to stop paying our bills because doing so wasn’t fun?

Edward, the English monarch once commented in a condescending way that we have the troubles we do because American parents obey their children instead of the other way around. After a decade and a half of watching and helping parents to help their children, I don’t know if he’s right but I do know that, the parents who are most committed to their child’s development, regardless of the daily whims of the child - this entity who is changing so rapidly that they don’t want the same things from moment-to-moment, let alone from year-to-year - usually have much more successful adults to be proud of when their children grow up. It is those who commit to teaching commitment, and a hundred other lessons, who are blessed with a child grown to adulthood who can commit to themselves and others and who can be counted on to ‘be there’ when the going gets tough.

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Can you imagine? What a world we would live in if all those we met were such a person as this.

About the Author

Jeffrey M. Miller is the founder and master instructor of Warrior Concepts International. He specializes in teaching the ancient ways of self-protection and personal development lessons in a way that is easily understood and put to use by modern Western students and corporate clients. He may be contacted through his site www.warrior-concepts-online.com.

The closing word of this write-up, would let you perceive the crux of it. This asserts the truth that individuals who read it till the end are the ones who really bask in it.


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