At yesterday’s Rotary meeting, retired Navy Seal Robert Owens, shared some disturbing, but necessary, information with our members about a “different” type of child trafficking (girls and boys) most of us were not aware of.  It involves young kids, in our local communities, being exploited and victimized by modern day urban pimps and their predators.

As the father of two young children, I found the presentation extremely disturbing but also important.  Everyone needs to know about this growing problem.  The organization Robert works with is called Stop Child Trafficking Now and it seems to me that they are attacking this problem the right way.  Their web site is  www.sctnow.org

What’s really cool is that SCTNow has partnered with specially trained elite operatives like Robert, who are familiar with what it takes to infiltrate, investigate and bring to justice the predators victimizing children worldwide.  These guys are ex Navy Seals and Special Forces and their tools and talents are being put to good use to track down and bring the bad guys to justice.

I think what really surprised and caught the attention of our Rotary members was the real life story Robert shared about an average high school student being raped by fellow classmates (urban pimps), videotaped, and then blackmailed into participating in the child sex industry without her family, friends, teachers, or school administrators knowing about it.  Another disturbing fact is how these predators are now paying $1,500 to $2,000 for young men to bring new victims to parties under the pretext of going on a “date” and resulting in rape and long term victimization.  That on an average, it only takes these predators about 10 days to effectively bring in a new victim using these types of techniques. 

I also had no idea that…

-- Human trafficking is the third largest criminal enterprise, after drugs and weapons (US Dept of State).

-- Worldwide, there are over one million children entering the commercial sex trade every year an approximately 30 million children have lost their childhood through sexual exploitation over the past 30 years (UNICEF).

-- An estimated 14,500 to 17,500 women and children are trafficked into the USA each year (US Dept of State).

-- Approximately 80% of human trafficking victims are women and girls and up to 50% are minors (US Dept of State)

-- The total market value of illicit human trafficking is estimated to be in excess of $32 billion (United Nations)

-- An average serial child molester may have as many as 400 victims in his lifetime (Child Sexual Abuse Prevention Study, Elliot M., Browne K., Kilcoyne J.)

If you have kids, I’d highly recommend you visit http://sctnow.org/ and get more info.  If you have the time, I’d also like to ask you to get involved with SCTN and see how you can help.

Earlier today I was contacted by a student at the University of Canterbury, in New Zealand.  The student asked whether I thought parents should be held liable for the wrongful conduct of their children.

Well, we recently settled a case involving a bad kid and negligent parents and having already done the research, I shared the following with her.  Do you agree or disagree with my thoughts?

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Should Parents Be Held Responsible for the Bad Acts of Their Children?

After more than two decades of practicing law and coaching youth sports, I can honestly say that in most cases, the apple doesn’t fall far from the tree.  Parents should be held accountable for the wrongful conduct of their children.

I’ve observed that children who are productive and well behaved seem to have active parents in their lives.  Parents who show an interest in their child and who are involved in what the child is doing.  These parents walk their talk and lead by example.  The kids pay attention to this.

On the other hand, and almost without exception, the kids that I’ve seen with behavioral problems or who break the law, steal, vandalize or harm others, usually have not grown up with a strong level of parental supervision.  In many cases, the parents themselves have bad habits and the kids simply mirror what they see happening at home.  In other instances, the parents are not around and the child is left to take care of himself.  This is not a good recipe for success.  In this second example, the misbehaving young child is a product of his surroundings and it is what it is.

Now don’t get me wrong.  I know I’m generalizing.  Truth be told, good kids can grow up to be bad people and bad kids can grow up to be successful leaders.  Everyone’s different and every situation is different.  But generally speaking, I stand behind my observations made both in court and in life.

Now the above of course is not applicable in all cases but generally speaking, these are my observations.  As such, a negligent parent should, in good conscious, be held responsible for their child’s wrongful conduct which, in many cases, is the result of the parent’s lack of care and attention.  And I’m not alone in this opinion…

Long ago, the California Courts recognized a parent’s responsibility for his or her child.  "The parent has a special power of control over the conduct of the child, which he is under a duty to exercise reasonably for the protection of others. He may thus be liable for failure ... to take reasonable efforts to restrain and correct [the child] when he manifests a tendency to beat other children with a stick," or engages in other dangerous behavior. Singer v. Marx, 144 Cal.App.2d 637 (1956).

And in the case of Reida v. Lund, 18 Cal.App.3d 698 (1971), the court held that the key to holding parents accountable for their children's dangerous acts is whether they are aware, or should be aware with reasonable diligence, of the minor's bad tendencies.  The court stated, "Parents are responsible for harm caused by their children only when it has been shown that the parents, as reasonable persons, previously became aware of habits or tendencies of the infant which made it likely that the child would misbehave so that they should have restrained him in apposite conduct and action."

It’s important to note that in California, and most states for that matter, the law is not limited to specific situations.  Rather, parents face liability for "any act of willful misconduct" by their children that "results in injury or death to another person or damage to another's property." California Civil Code Section 1714.1(a).

Although financial liability may be imposed on a parent, this liability is generally not unlimited.  In California, a parent’s liability for automobile accidents caused by a reckless minor driver is normally limited to $15,000 per person and up to $30,000 for all bodily injuries.  Another $5,000 is available for property damage.  For other matters, Civil Code Section 1714.1(a) limits parents' liability for nonvehicular-caused events to $25,000 for each separate act of their children.  And Education Code Section 48904 limits a school district’s liability for a misbehaving student to $10,000.

So what do you think?  Am I on point or way off base?  Share your feedback and thoughts with me at www.JacksonWilson.com

New Home Exercise Program for Lawyers and Other Busy Professionals
By Trial Lawyer, Jon Mitchell “Mitch” Jackson

There’s one undeniable fact in life that my father-in-law shared with me long ago.  You’ve got to take care of No. 1 in life before you do anything else.  That is, if you don’t take care of yourself and your health, then you’re not going to be much good to anyone else.  To this day I consider this to be some of the best advice I’ve ever been given.

Before I jump in to this topic in detail, I’d like to tell you who I am.  My name is Mitch Jackson and for the past 24 years I’ve been a full time trial attorney.  In fact, last year I was named Orange County Trial Lawyer of the Year for my verdict in a difficult and tragic wrongful death case.  I’ve achieved a top “AV” rating (top rating in ability and ethics) and my firm is listed in the Bar Register of Preeminent Lawyers, an exclusive listing reserved for the best law firms in the United States.  I’m a multiple time member of the Million Dollar Advocates Club having obtained numerous settlements, judgments, and verdicts in excess of $1,000,000.  My firm’s web site is www.JacksonWilson.com

As a lawyer I’m around many other  lawyers and professionals.  I’ve seen how many of them neglect their health and best interest while spending a majority of their time servicing clients and chasing the mighty dollar.  While I believe strongly in the free enterprise system, the problem I observe on almost a daily basis is balance or a lack thereof.  I’ve watched too many professionals essentially sabotage their long-term health with poor short-term diet choices and a lack of exercise.

What started me thinking about all this was an experience I had at a recent mediation.  At the hearing, I ran into an old friend who also happens to be one of the most intelligent and talented lawyers I’ve had the pleasure of litigating against over the past two decades.  His ability to present an extremely persuasive argument—even when his client is legally wrong—is remarkable and truly amazing to experience.  I’ve seen this guy win several cases that most other lawyers would’ve lost.

But there’s one big problem.  And I mean BIG problem.  My friend, who is a wonderful human being, is extremely overweight and perspires profusely.  Needless to say, the first impression he makes to strangers (like witnesses and jurors) is not anywhere close to being as good as it could be.

Now please don’t take this observation the wrong way.  I learned at a very young age not to judge a book by its cover.  I know how wonderful this person is and also respect his legal abilities.  Unfortunately, when it comes to practicing law and also to living life, none of us ever gets a second chance to make a good first impression.  It’s too bad when you really think about it.

Even more important is that most of us already know that poor health brought on by a lack of exercise and bad diet will probably lead to serious medical problems and a shortened life span.  Emotionally, many people dealing with overweight or health issues also find themselves suffering from various levels of anxiety and depression.

Effectively representing a client is extremely demanding.  It takes a great deal of skill, intellect, and physical effort.  I honestly believe that in order to meet the rigorous demands of practicing law and to be the best person and best lawyer that you are capable of being, good health and exercise is mandatory.  After all, without your health, you have nothing.

With respect to my overweight friend, I’ve heard people talk about him behind his back.  I’ve observed jurors become distracted by this lawyer’s awkward manner of walk and heavy breathing while delivering a closing argument.  He’s of course aware of these issues but does not know how to go about taking his first emotional and physical steps down the path to good health.

The problem most lawyers have with staying in shape is that many of us have a very limited amount of free time.  And when we have free time, in most instances it’s not put to the best use.  In fact, some of the lawyers I’ve met unfortunately use their spare time to partake in unhealthy habits such as eating and drinking too much.

What if I told you that I’ve come across a very reasonably priced exercise program that you can do at home and without any expensive equipment?  What if I told you that this proven program comes on a set of easy to use DVDs that you can start, play and even pause whenever you want?  And what if I told you this home exercise course allows you to get back into shape at your own pace and only takes about an hour a day?

The program I’ve discovered and am now hooked on is called P90X.  I’m loving the program so much that each and every day I can’t stop thinking about my evening home workout.

I took my first serious look at P90X when some neighbors became excited about the results they were experiencing and seeing with the program.  The “excitement” part is what really interested me.  I don’t know about you but if I’m not excited or having a good time with something, chances are I’ll stop doing it sooner rather than later.

With the P90X program, I was seeing smiles on the faces of my friends and over time, watching their bodies change for the better.  After hearing for about the twentieth time, “Mitch, you should get started.  You’ll love it” I decided to give P90X a try.  Without any hesitation whatsoever I can now report this is one of the best “life” decisions I’ve ever made.

In the P90X DVD’s, instructor Tony Horton keeps things fun, interesting, challenging, and safe.  He also shows you how to exercise properly and how to pace yourself over the 90 day program.  Add to this the easy-to-follow meal plans, nutritional advice, and a support system like no other, and I can see myself doing this for the rest of my life.

How about you?

Look, if you’ve been thinking about improving your health and getting back in to shape, I believe P90X is where your new healthy lifestyle can easily begin.  The good news is that there’s no need to recreate the wheel.  This program works and it works well.  All you need to do is plug into it.  Whether you're looking to lose weight or get fit, P90X can provide a solution. 

Is it hard?  Yes it is.  But if you can press the pause and play buttons on your DVD, then you can take as many breaks as you need to get through the program.  There’s good reason why so many professionals, athletes and celebrities who are all on limited time schedules (sound familiar) are benefiting from the P90X program.

Find out for yourself.  Watch a really good video overview of P90X by clicking
http://beachbodycoach.com/esuite/home/ActiveSuccess?bctid=25219321001

For more information, really cool success stories or to get started today, go to www.activesuccess.com and click on the “Shop Beachbody” link on the left side of the screen.  Next, click on the “Fitness Program” link and then click on the “P90X” link.  Place your order and you’re good to go!

Not only will P90X make you a better lawyer, it will make you a healthier and happier human being.  I’m using P90X every day and so can you.  It also comes with a money back guarantee so when you think about it, what do you really have to lose?

After you get P90X and get in to the program, give me a call or drop me an email and let me know about all the amazing results you’re getting!  Also don’t be shy about sharing P90X with your family and friends.
While I like to do P90X by myself, others have told me they can get through the routine much easier when doing P90X with friends.  Hey, it doesn’t matter which approach you use as long as you hit the play button and do it!

Well, that’s about it for today.  I can’t wait to get home this evening and “BRING IT” big time during tonight’s P90X workout.  How about you?

Again, go to www.ActiveSuccess.com for all the details!

Cleveland may have lost Lebron James but on Saturday evening, August 7, 2010, it gets our very own Mitch Jackson as its special guest on NewsTalk 1420 WHK radio, Cleveland's Choice for Intelligent Talk.

NewsTalk is the station Clevelanders (and the world via the internet) tune to for news and entertainment about the issues that matter most - politics, law and current issues.

Nick Phillips, the host of “The Advocate” will be talking with Mitch about police misconduct and excessive use of force issues.  Join Nick and Mitch on the radio or listen in over the internet a week from Saturday at 4:00 p.m. PST, August 7, 2010 at http://www.whkradio.com/ 

Last Saturday at the fundraiser/carwash for the Dana Point 5th Marine Regiment Support Group (www.danapoint5thmarines.com), Garrett and I were given cards by the Dana Point Police Services about crime statistics in Dana Point.

I’m pretty sure these statistics are mirrored in most towns across the U.S. and I hope you find this info as eye opening as we did!

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95%:  The percentage of total crimes reported in Dana Point were property crimes (burglaries, petty thefts and grand thefts).

40%:  The percentage of those property crimes that involved vehicles.

48%:  The percentage of the cars and trucks involved in these crimes that were UNLOCKED.

6,700:  The number of police hours required to report and investigate these property crimes each year.

$300,000:  Approximate cost to the community to report and investigate those crimes.

5:  The number of seconds required to HIDE valuables from eyesight.

33.3%:  The percentage reduction of thefts that would allow police to devote more than 2,000 additional hours to other community priorities.

The local Dana Point Police Services program/info is:  www.hideitlockitorloseit.com

More about Rotary at www.Rotary.org and our local club at www.MonarchBeachRotary.com

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More about Jackson & Wilson at www.JacksonWilson.com

In his best selling, must read, and potentially life changing book, "The 4-Hour Work  Week" (expanded and updated) by Tim Ferriss,  Tim explains an approach to work and life that should probably be taught in every high school in American.  If you haven't read the book, we've made it easy for you.  Get it here at Amazon.com:  http://amzn.to/mitch-4-hour

Here's one of our favorite passages...

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The Fisherman & The Businessman

An American businessman took a vacation to a small coastal Mexican village on doctor’s orders. Unable to sleep after an urgent phone call from the office the first morning, he walked out to the pier to clear his head. A small boat with just one fisherman had docked, and inside the boat were several large yellowfin tuna. The American complimented the Mexican on the quality of his fish.
“How long did it take you to catch them?” the American asked.

“Only a little while,” the Mexican replied in surprisingly good English.

“Why don’t you stay out longer and catch more fish?” the American then asked.

“I have enough to support my family and give a few to friends,” the Mexican said as he unloaded them into a basket.

“But… What do you do with the rest of your time?”

The Mexican looked up and smiled. “I sleep late, fish a little, play with my children, take a siesta with my wife, Julia, and stroll into the village each evening, where I sip wine and play guitar with my amigos. I have a full and busy life, senor.”

The American laughed and stood tall. “Sir, I’m a Harvard M.B.A. and can help you. You should spend more time fishing, and with the proceeds, buy a bigger boat. In no time, you could buy several boats with the increased haul. Eventually, you would have a fleet of fishing boats.”

He continued, “Instead of selling your catch to a middleman, you would sell directly to the consumers, eventually opening your own cannery. You would control the product, processing, and distribution. You would need to leave this small coastal fishing village, of course, and move to Mexico City, then to Los Angeles, and eventually to New York City, where you could run your expanded enterprise with proper management.

The Mexican fisherman asked, “But, senor, how long will all this take?”

To which the American replied, “15-20 years, 25 tops.”

“But what then, senor?”

The American laughed and said, “That’s the best part. When the time is right, you would announce an IPO and sell your company stock to the public and become very rich. You would make millions.”

“Millions senor? Then what?”

“Then you would retire and move to a small coastal fishing village, where you would sleep late, fish a little, play with your kids, take a siesta with your wife, and stroll in to the village in the evenings where you could sip wine and play your guitar with your amigos.”