Engagement Versus Motivation

Some experts advocate employee engagement, others are strong believers in motivational strategies. But one does not necessarily exclude the other. There can be circumstances where even an engaged employee can use some extra motivation. Having an overall engaged team should be the main goal of every leader. Engaged employees are a true asset for every organization, especially in difficult times. There is, however, quite some confusion about the difference between engagement and motivation.

Engagement

Engagement comes from ‘within’. It is having belief in the ’cause’. Engaged people do what they do because they believe it is the right thing to do and not necessarily because there is a reward waiting at the end. A prime example of engagement is volunteer work. There is no payment involved, it takes up a lot of time and it is very often ungrateful work. Yet most volunteers do it with passion and perseverance. Why? Because they believe in what they do. Engagement has everything to do with commitment.

Motivation

Here is where the confusion starts. When we talk about motivation, we distinguish two different kinds: intrinsic and extrinsic motivation.

Intrinsic motivation is in fact exactly the same as engagement. It comes from ‘within’ and it has to do with the joy or fulfillment a certain job or task gives the person, rather than the reward it will bring.

Extrinsic motivation is triggered by external factors. As soon as those factors don’t exist anymore, the motivation will be gone as well.

The opponents against motivation strategies are against extrinsic motivational measures like incentives and reward programs and they are absolutely right. Reward programs are counter productive; they usually have a negative return-on-investment in terms of money, employee satisfaction and retention.

What is there against Reward Programs?

Let me share my own experience with you. I started my career as a sales rep for a company that sold copiers, faxes and printers. As often the case, we got paid a commission on top of our – quite low – base salary. On top of that, the company had a few ‘reward programs’ running. A program for the most sold units in a given period, a program for the most ‘new business’ and a few more like these.

The worst one was the ‘Sales Person of the Month Award’. The one with the most sales in a particular month could hand in the keys to his company car and was allowed to drive the company’s Porsche Carrera the following month AND he got his own parking spot in front of the building.

What do these reward programs bring? Nothing, really. Guess who always won these rewards? Correct, the people who were always in the top already. Guess who didn’t even try to get one of these rewards? Correct again, the ones at the bottom. They knew up front that they would not stand a chance against the top performers. And guess who tried a few times but never got the ‘prize’ and became de-motivated? Right, the people in the middle.

So was it motivating? For sure it was, for the group who didn’t need to be motivated; the top performers. They might have sold a bit more but once you are at the top, the room for improvement becomes smaller and smaller. It didn’t do a thing for the bottom performers. They were ‘untouched’ by these programs. It did do a lot for the group in the middle though. That is the group where every sales manager can ‘score’. They have potential and a lot of room for improvement. And what did it do? Exactly the opposite of what the program was invented for. They knew that they contributed to the company and they saw that they would never get ‘rewarded’ for their contribution. How motivating is that?

I hear some people say already:”Then they should make it to the top! Then they will get the rewards as well!” I can score 110% of my target but if other people score 115%, does that make me ‘average’? No, it doesn’t. No matter how great your group of sales people is, there will always be a number one and a number last. And reward programs will always reward the numbers one, the people who need it the least.

Extrinsic motivators: short-term strategy

Incentives and reward programs ‘motivate’ only for as long as the program lasts or even shorter if the employee feels that he won’t ‘win’.

Suppose you have installed a reward for producing a certain number of your product and suppose that everybody is really trying hard. What happens after the deadline? Exactly. People will fall back to their normal production. To get the same results, you’ll have to install another reward program and so on.

Engagement: long-term strategy

Let’s look at that last example again. Suppose one of your suppliers has delivery problems and therefore your production comes to a halt for a certain period of time and nobody will meet the target for the reward. People that were motivated will not pick up the pace right after the supplier started delivering again, because there is no reward to work for anymore.

There is a group of people who will pick up the pace, despite of the fact that there will be no reward. They have an attitude of ‘let’s see what we can do to make up for the lost time’. They are in the ‘game’ for the ‘game’ and not for the ‘prize’. They are engaged.

Engaged employees have endurance. They will continue to bring the task to a good end, despite external challenges and circumstances. They support the goals, mission and values of the company and being part of the organization makes them feel proud. In general, the quality of their work is better. They want to be able to be proud of what they have done while motivated people are like horse with blinders, trying to get to the finish as fast as possible, no matter how.

Engagement goes deep. That also means that the management of an organization has to create an environment where engagement can thrive and flourish. In my next post I will share my thoughts on what you can and have to do to create an engaged team around you.

Let me conclude with a story I heard that describes engagement the best:

Former U.S. President John F. Kennedy came up with a very bold statement in September 1962: “We are going to the moon.” Not too long thereafter he paid NASA a visit. While he was there. he asked an employee:”What is your job?”. The man answered:”My job is to put a man on the moon.” He turned out to be the janitor.

That is ‘engagement’. No matter what you do, your work is as important as anybody’s as contribution to the mutual goal.

I wish you a lot of engagement.

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Motivation by Listening

Listening skills are a very powerful motivation factor.

Hardly any people are actually good at listening, being more interested in what they are going to say next. When you think about how many people you have met who can remember your name or what you said, you’ll find it is very few indeed. That generally seems to be the norm so when you do meet people who you think are good listeners, your feelings towards these particular people are usually more positive.

By that I mean you likely would place more trust and confidence in them. So because most of us find it very hard to listen, we are surprised by somebody who does listen and we tend to endow them with greater capabilities than they may possess.

This is the secret of motivation by listening. If we can learn to listen well, the people we listen to will be motivated and inspired by our attention.

Most salespeople consider themselves to be good talkers instead of listeners. You hear people saying: “He is a born salesman, he’s got the gift of the gab”. Many people believe that the speaker holds the power and that the listener is meek or docile. Actually you will find that the good listener has much more power in any conversation. The listener is able to gather more information than the talker and armed with information can then produce the desired result.

When two people are conversing, the one who really dominates the conversation is the person who is asking questions and listening carefully to the answers. When we want to motivate somebody to give their best effort, or to follow our direction, we will do so more effectively by listening to their responses to the situation.

Therefore the real job of the salesman is to listen carefully to his customers and understand their needs and concerns. Although they might ask you a few questions first, most successful salespeople will agree with this.

So what steps should you follow to create motivation by listening?

1. Repeat or rephrase so you can clarify the information given

2. Give useful information in return.

3. Listen for the emotions. Selling especially is often based on emotional factors more that objective facts.

4. Look people in the eye and make some reassuring gestures or tones to encourage the speaker.

5. Be careful not to distract the speaker – give them your full attention while they are talking.

6. Show that the discussion is important to you too.

Listening is an essential skill for making and keeping relationships. When you are acknowledged as a good listener people confide in you and trust you; as a manager of people or as a salesperson this is your route to success.

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Motivation Defined

Motivation is a call to action. Motivation inspires change, movement, and focus; it is what makes the world turn. The Art of Motivation is a must for Master Persuaders. How do you motivate in such a way that prompts people to take the actions you want them to take? How can you plant the seeds to encourage motivation? As a persuader, one of the keys to success is to motivate yourself and others. We have all had days when we did not feel like doing the things we knew we needed to do. It is useless to persuade and have others agree with your point of view if you can’t get them to take action.

Martin Luther King said, “If a man hasn’t discovered something that he will die for, he isn’t fit to live.” In order to successfully motivate someone – or, to get him or her to internalize the motivation – you have to create a deep hunger or thirst. It has been said you can bring a horse to water, but you can’t make him drink. That’s true. But let it be known that you can give that horse salt and create such a thirst that the horse must have water. As a master motivator, you are giving salt to your prospects. You are striving to create such a thirst in other people that they can’t wait to act.

You will find people tend to get motivated for the short term, lose steam, and then fall back into the rut they were trying to pull themselves out of in the first place. As a persuader and motivator, you have to understand what pulls people from action to inaction. What causes us to lose excitement, vision, and energy? When you notice your prospects are losing their motivation, these are the reasons why:

  • The desire to gain
  • The desire to avoid loss
  • To make money
  • To avoid criticism
  • To save time
  • To avoid loss of possessions
  • To avoid effort
  • To avoid physical pain
  • To achieve comfort
  • To avoid loss of reputation
  • To have health
  • To avoid loss of money
  • To be popular
  • To avoid trouble
  • The desire to gain (cont,)
  • To experience pleasure
  • To be clean
  • To be praised
  • To be in style
  • To gratify curiosity
  • To satisfy an appetite
  • To have beautiful possessions
  • To be an individual
  • To emulate others
  • To take advantage of opportunities

You can’t change a habit unless you replace it with another one. The same is true for motivation. You can’t change how someone is motivated unless you replace the undesirable motivation with a desirable one. You have to understand whether your prospect’s motivation is a positive motivation or a destructive motivation.

Once inspiration is identified, build on that inspiration until you create an intense hunger. This means that you get your prospects to take responsibility for their own lives. Get them to set new goals or review their existing goals and their reasons for setting them. Another way to stoke the fires is to find somebody who shares that same passion.

Since Maslow introduced the concept of needs, countless motivational theories have been brought to light. Avid McClelland proposed that we learn three things that motivate us as we go through life: achievement, affiliation, and power. John C. Mowen used the three “R’s” of motivation: reward, recognition, and reinforcement. Bob Stone suggested that people respond either to “gain something they do not have or to avoid losing something they now possess.” He created this list of basic human wants to explain his theory. In his book The Hidden Persuaders, Vance Packard identifies eight hidden needs that motivate people into action:

1. Need for emotional security: We live in uncertain times. Terrorism lurks, the happenings on Wall Street are shaky, we are surrounded by illness and disease, etc. We need safety, comfort, and stability in our lives.

2. Need to feel self-worth: Much of today’s society is cold, competitive, and uncaring. We want to experience a place in the world where we know we’ve made a difference.

3. Need for ego-gratification: We want recognition and praise. We all want to feel important.

4. Need for creativity: We feel more satisfaction and fulfillment when we can work creatively through hobbies, sports, and other forms of recreation.

5. Need for love foci: Life is richer when we have someone to share our love with, for example friends, children, grandchildren, a spouse, or pets.

6. Need for control: We need to feel a sense that we have some control or power over our environment, our surroundings, or our conditions.

7. Need to belong: We want to feel that we are an integral part of the world and that we are important to people whom we love, respect, or admire.

8. Need for immortality: We fear dying or being forgotten. We buy life insurance because we want to leave something behind.

Motivation starts with vision. People need to believe they will succeed in what you are motivating them to do. No one likes to lose. No one wants to lose. No one wants to be associated with losers. So, instill in your listener or audience a vision of winning. Thinking we can win and seeing the win in our mind’s eye stirs our internal motivation. When we help others think of past victories or instill the vision of victory in them, we can motivate them to take action. Olympic coach Charles Garfield states that the highest performers are driven by a sense of mission.

Learning how to persuade and influence will make the difference between hoping for a better income and having a better income. Beware of the common mistakes presenters and persuaders commit that cause them to lose the deal.

Master Persuaders present a winning package. When people sense victory or accomplishment, they will make sacrifices and become energized. They will find a way to succeed and win. If they sense defeat, they’ll exert little personal effort, come up with lots of excuses, and exhibit lack of energy for the cause.

Motivation is true art. When you understand the Laws of Persuasion not only will you be able to motivate, but you will also have earned the right to motivate.

Conclusion

Persuasion is the missing puzzle piece that will crack the code to dramatically increase your income, improve your relationships, and help you get what you want, when you want, and win friends for life. Ask yourself how much money and income you have lost because of your inability to persuade and influence. Think about it. Sure you’ve seen some success, but think of the times you couldn’t get it done. Has there ever been a time when you did not get your point across? Were you unable to convince someone to do something? Have you reached your full potential? Are you able to motivate yourself and others to achieve more and accomplish their goals? What about your relationships? Imagine being able to overcome objections before they happen, know what your prospect is thinking and feeling, feel more confident in your ability to persuade. Professional success, personal happiness, leadership potential, and income depend on the ability to persuade, influence, and motivate others.

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Motivation Management Is the Key of Change

During my career, I have learned that motivation is the most important factor of change.

I have seen people who have overcome their addictive behavior only with the high motivation. In addition, I have many people who continue their addictive behaviors despite the fact that they enjoy the various opportunities, such as professional consultants, hospitalizations, participation in meetings of famous recovery groups, and support by good families, friends, and community.

Their motivation is low for giving up their addiction, and their motivation for doing addictive behavior is high. Motivation determines whether one overcomes addictive behaviors or continues them. Therefore, motivation management is the key to change. This is because habit change requires not only an increase in motivation to quit addictive behavior, but a decrease in motivation to continue the addictive behavior.

I think the motivation management includes two basic principles:

1. Ability to raise and lower motivation.

2. Ability to increase motivation while changing.

Ability to raise and lower motivation Source of the motivation, is the need. When a need is activated, it creates a motivation for extinguishing itself.

Needs are activated by attention, too. The more people pay attention to stress and anxiety and how to get rid of them, and pay attention to the enjoyment drug use produces, the more they feel are motivated for using. In contrast, whenever people pay attention to the costs and risks of long-term addiction, the motivation of quitting drugs or addictive behaviors will increase.

“Selective attention” is a simple act and strong technique that it is used during the thousands years by religions and ideologies for motivating their followers. Today, SMART Recovery benefits from this method and uses the Cost-Benefit Analysis (CBA) for enhancing motivation to change.

The CBA has four categories of questions:

1. What do I enjoy about my addiction? What does it do for me (be specific)?

2. What do I hate about my addiction? What bad things does it do to me and to others (give specific examples)?

3. What do I think I will like about giving up my addiction?

4. What do I think I will not like about giving up my addiction?

Answering these questions develops awareness and increases the motivation for quitting. The more people do this exercise, the more they will tend to enhance motivation for quitting.

Ability To Increase Motivation While Changing

Overcoming addictive behavior is a process, not an event. Many people know how painful it can be to tread the path toward change. They want to change their addictive behavior immediately, with no discomfort and no urges, without changing their beliefs and values. Such people are like those who enjoy having reached a mountaintop, but hate mountain climbing; or like soccer players who get pleasure only from winning, not from playing.

They start with the high motivation, but they lose their motivation gradually and the most of them do not reach to their goal. Few people that reach to the end of the path. They go through the entire path with anger and complaints. In contrast, those who enjoy the way their motivation increase quickly. And reach the goal with joy and lightly. Rumi believes that loving the path not only increases the motivation for us, but also carries us to the goal. He has beautifully expressed this fact in the story of a thirsty person.

On the bank of the stream there was a high wall,
painful thirsty person was on the top of the wall.

His obstacle for reaching the water was the wall;
He was in distress for the water, like a fish.

Suddenly he threw a brick into the water:
the sound of the water came to his ear like spoken words.

The water was making a sound, that is to say, (it was crying), “Hey,
what is the advantage to you of this throwing a brick at me?”

The thirsty person said, “O water, I have two advantages:
I will never give up from this work.

The first advantage is (my) hearing the sound of the water,
which to thirsty people is music to their ears.

The other advantage is that, (with) every brick I tear off this (wall),
I come (nearer) to running water.

Anyone is more thirsty on the top of the wall,
He will tear off the bricks more quickly.

Anyone is more love with the sound of the water,
He will tear off the bigger brick from the barrier.

I think the main task of people who want to overcome addictive behavior is learning motivation management. Recovery groups, psychologists, physicians, and other people and organizations involved with addiction treatment would do well to establish an environment for helping clients/patients learn this skill.

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What Is Motivation

Motivation is the characteristic that is required in order to achieve anything in life; without it you will give up at the first sign of adversity. It means to inspire, instigate and encourage a person to do their best. Motivation will compel a person to think “If I can’t, then I must” and will cause them to do whatever it takes to become successful. If you inspire motivation it can change your life. You will be inspired to get what you want regardless of what people tell you that you can not do. I have personally seen people apply the motivation factors in life to get from poverty to a life filled with abundance.

Do you think you possess the quality? Only you can answer this question. Take a honest look at yourself; do you find yourself pursuing your goals everyday? Are you doing something to work towards them regardless of what is going on in your life? If you are then you; then my friend you do possess this characteristic and you will reach all your goals. I wake up at 5:00 in the morning to get started on my goals. I am passionate about reaching all my goals. Do you find yourself doing this or are you making excuses of why you can not work on a goal?

It will give you the passion to begin exploring what it is you really want to do in life, and give you the courage to follow your dreams. If you do not like where you currently are and are living life everyday unhappy and frustrated; it probably is because you do not possess any motivation for what you are currently doing. It is up to you to find out what you would really like to be doing with your life. What kind of lifestyle do you want? What kind of career do you want? Do you actually know what it is that would make you happy and excited about getting up out of bed in the morning?

This is a strong quality for anyone to possess; and you can only possess it when you set a burning desire to be do have something in life. No one can give it to you. It can change a persons life in many ways. It can change the way you think, and when you become involved with personal development and become a much more positive individual motivation will get you out of your negative environment.

It is the fuel that inspires us to reach our goals and achieve what we truly desire. It also allows us to keep getting up and moving forward when we get knocked down. Getting motivated and staying motivated gives us the energy we require to reach our goals in the shortest amount of time possible. It is required to meet our goals and do anything purposeful in life. Without it you will not want to get out of bed, clean the house, walk the dogs or do anything at all. Being successful in life and motivation go hand in hand. When you learn how to achieve motivation for something you truly desire; nothing can stop you from having it. So think about it; what truly motivates you then take action towards it and watch it become your reality.

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Self Motivation and Its Importance

Self motivation is very important. There are several reasons for self motivation being so important in a person’s life. Everyone needs to be self motivated.

These days, with so many challenges and a lot of competition one needs to survive, self motivation works like confidence enhancer. It boosts once enthusiasm and provides energy to work.

Self motivation is known as the most important factor in your life. If you are looking for success in any area of your life, you need self motivation. Self motivation plays an important role in enhancing your self esteem. It cultivates a desire to do something in life. Experts in the past have believed and even proved that when self motivation is combined with self determination, one can easily move mountains and find water in deserts.

There are several things one can get motivated with. People get motivated by their strong belief in the almighty. They can even get motivated by an experience they have had or by any other factor. These things just encourage you to change your perspective in life. One can change in to a better person or a better business person with self motivation.

People usually go through happy and sad times in their lives. When thing go awry, you need to support yourself, your family and people around you. This needs a good amount of energy force in you. When providing support and encouragement to your family and friends, you need to be really strong.

Some people are lucky to have good support in the times of pathos. However, some are left alone and require a lot of courage to survive tough times. At such times, one need to get motivates or motivates oneself. Lack of self motivation at such times can be damaging and even complicate your life further.

Mentioned below are some strong reasons on why you require self motivation:

o Self motivation is extremely important when it comes to accepting challenges and opportunities in life.

o The force of self motivation helps in planning your life and easing the difficulties.

o Self motivation provides a new sense of purpose and direction to your life.

o Self motivation is important to provide enthusiasm in life.

o Self motivation lets you live a fulfilling life.

o You can empower and encourage yourself to face tough times and competition in life with the help of self motivation.

o Self motivations fill you with positive energy and boost your enthusiasm.

o Self motivation is important for your existence. It provides you an identity for yourself.

Motivation is a kind of driving force that encourages an individual to get going. It is a kind of boost to the self confidence, faith and inner conscience of a person. All of us look for some kind of motivation in life. It is almost impossible to face a competition, achieve success of accomplish a goal without motivation.

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Motivation Theory

The word motivation is coined from the Latin word “movere”, which means to move. Motivation is defined as an internal drive that activates behavior and gives it direction. The term motivation theory is concerned with the processes that describe why and how human behavior is activated and directed. It is regarded as one of the most important areas of study in the field of organizational behavior. There are two different categories of motivation theories such as content theories, and process theories. Even though there are different motivation theories, none of them are universally accepted.

Also known as need theory, the content theory of motivation mainly focuses on the internal factors that energize and direct human behavior. Maslow’s hierarchy of needs, Alderfer’s ERG theory, Herzeberg’s motivator-hygiene theory (Herzeberg’s dual factors theory), and McClelland’s learned needs or three-needs theory are some of the major content theories.

Of the different types of content theories, the most famous content theory is Abraham Maslow’s hierarchy of human needs. Maslow introduced five levels of basic needs through his theory. Basic needs are categorized as physiological needs, safety and security needs, needs of love, needs for self esteem and needs for self-actualization.

Just like Maslow’s hierarchy of needs, ERG theory explains existence, relatedness, and growth needs. Through dual factors theory, Herzeberg describes certain factors in the workplace which result in job satisfaction. McClelland’s learned needs or three-needs theory uses a projective technique called the Thematic Aptitude Test (TAT) so as to evaluate people based on three needs: power, achievement, and affiliation. People with high need of power take action in a way that influences the other’s behavior.

Another type of motivation theory is process theory. Process theories of motivation provide an opportunity to understand thought processes that influence behavior. The major process theories of motivation include Adams’ equity theory, Vroom’s expectancy theory, goal-setting theory, and reinforcement theory. Expectancy, instrumentality, and valence are the key concepts explained in the expectancy theory. Goal setting theory suggests that the individuals are motivated to reach set goals. It also requires that the set goals should be specific. Reinforcement theory is concerned with controlling behavior by manipulating its consequences.

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Motivation – The 3 Aspects of Human Behavior You Must Know to Succeed

Motivation can be defined in numerous ways, but there are two basic definitions or descriptions. It can be defined as the main reason or reasons that individuals partake in a certain behavior, specifically human behavior pursuant to the study of psychology or neuropsychology. It can also be defined as the driving force that initiates and drives an individual’s behavior. It is the internal energy that propels us to achieve our goals. Typically, it is considered to be a dynamic state of mind not concerned with personality.

There are three aspects of human behavior that motivation is based and founded in:

1. arousal of behavior

2. direction of behavior

3. persistence of behavior

Arousal of behavior relates to a specific thing that activates behavior whereas direction of behavior relates to what is responsible for directing the behavior. Persistence of behavior relates to how the behavior is sustained.

What drives an individual to be successful is referred to as motive. Usually, all motives fall into one of three categories and are considered to be physiological or psychological in nature:

1. homeostatic motives – hunger, respiration, thirst, etc.

2. nonhomeostatic motives – curiosity about the environment, seeking shelter, etc.

3. learned or social motives – achievement, approval, power, social affiliation, etc

In any endeavor that an individual undertakes, motivation (or the lack thereof) is the key element behind the success or failure of the endeavor. It plays a key role in the workplace where the effective performance of an employee is concerned. Management or supervisory personnel have a direct impact and play a significant role in employee motivation in that they employ different motivational techniques to raise productivity levels. It also follows that this has a direct effect on the cooperation levels between the employer and the employee.

Motivation can also be classified as

1. negative or positive

2. obvious or subtle

3. intangible or tangible

Education or learning is also interrelated with motivation and instructors will oftentimes employ motivational techniques to get their students to learn. It can benefit the student by making them more competent as well as encouraging confidence and the ability to solve problems.

Self-motivation has also been classified into two different types:

1. Extrinsic – generated by external factors

2. Intrinsic – generated by internal sensations and is longer-lasting than extrinsic

Self-motivation is considered to be intrinsic in nature, and originates from an individual’s internal drives. It is the basis for overcoming obstacles in the path of achieving one’s goals. Additionally, certain external factors are responsible for driving a person into undertaking a new project or to move in a positive direction. Characteristically, self-motivation is comprised of three factors:

1. beliefs

2. desires

3. values

Since an individual cannot rely on others for motivation, self-motivation has to come from within. It plays a key role wherein the individual gathers the courage and strength to achieve certain goals, and is essential for developing new undertakings or making a positive change in one’s lifestyle. Training programs have been proven to be the best way to educate oneself in order to improve motivation and self-motivation.

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How to Choose the Right Automobile Accident Lawyer in California

Car accidents, almost anywhere, happen frequently. This does not come as a surprise since we see different types of automobiles in various sizes everyday on the road. From passenger cars to SUVs, to buses and trucks, these vehicles are virtually everywhere.

In spite of taking caution, millions of people still experience car accidents. In fact, over 6 million car wrecks occur every year in America. Even minor car accidents are inevitable.

Since people can never tell if they will encounter a car accident on the road, it would help to be aware of the proper things to do after a crash. It does not hurt to be prepared for unexpected situations like these. People should be vigilant about this matter.

When you get involved in an accident, it is important to determine who the party at fault was. The other party may not be willing to admit that he is liable. He or she may turn the accident against you. Thus, it is necessary that you understand your legal rights and options.

Nonetheless, there is no need to worry. There are a lot of persons you can turn to when you come upon an automobile accident. Among these people are automobile accident lawyers. They won’t be difficult to locate.

In California alone, you can find numerous car crash lawyers. With just a couple of clicks on the internet, you will see various law firms that offer services for car accidents. As simple as that, you can acquire the information you need.

All you have to do is key-in “California automobile accident lawyer”. A number of law firms will appear, together with the names of lawyers, their location, contact numbers, and other useful information. These are free of charge. If you don’t really need to hire an attorney and you just need to look up some information, you can also make these inquiries through the web.

Finding an automobile accident attorney doesn’t have to be strenuous for you. You just need to know how to find the right car crash attorney. Below are guidelines in choosing an automobile accident attorney:

o Choose a lawyer who has fine experience of handling car accident cases

o Choose a lawyer who has expertise on car accident laws

o Choose a lawyer who gives prime importance to collection of evidence

o Choose a lawyer who has successful record of winnings

o Choose a lawyer who has established his reputation and has earned positive feedbacks from previous clients

o Choose a lawyer who has the time and resources to defend your claims

o Choose an aggressive lawyer who can represent your case effectively

o Choose a lawyer who charges for a reasonable amount

Do not settle for mediocre lawyers. Be smart and consult a very proficient one. Taking time to find the right lawyer will pay off afterwards.

An experienced and skilled attorney can help you collect the damages you deserve. If you find yourself a victim of a car accident, contact an automobile accident attorney right away.

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Automobile Dealers – Do You Really Have a Right to Refuse New Vehicles?

According to a recent article in the NY Times:

The Chrysler Group said Monday that it had not yet accounted for tens of thousands of cars in its inventory numbers, which are already considered high by industry standards. Chrysler said it had routinely excluded these vehicles, worth billions of dollars, from its tally of unsold cars and trucks because they had not yet been assigned to a specific dealer or ordered by a customer. (New York Times, October 24, 2006)

When I began learning about the automotive industry, dealers and manufacturers had a name for manufactured, but unordered vehicles. That name was: “sales bank.” The “sales bank” is a practice that the manufacturers allege they abandoned after being ravaged by the system during the oil crises of the 1970s.

By the early 1980s, when the dust settled, Automotive News was running stories like:

Ernest D’Agostino of Rhode Island filed suit, in the U.S. District Court against Chrysler Corporation, alleging Chrysler terminated his franchise because he refused to buy “gas guzzlers” — large cars with low gas mileage. A federal court jury found against Chrysler and Chrysler, in an unreported case, appealed. Chrysler agreed to drop its appeal and paid D’Agostino a settlement (Automotive News, October 1982); and

Fred Drendall, of Drendall Lincoln-Mercury/Pontiac sued Ford Motor Company alleging that when he attempted to cancel orders he was intimidated by Ford spokesmen and when he bowed to the pressure and ordered the vehicles, the high flooring costs forced him to refinance his dealership. He was eventually was terminated and suffered a heart attack. (Automotive News, December 1982).

Those were hard times in the car business.

Today, most Sales and Service Agreements have provisions such as the following:

2. (D) STOCKS. The dealer shall maintain stocks of current models of such lines or series of VEHICLES, of an assortment and in quantities as are in accordance with Company GUIDES therefor, or adequate to meet the Dealer’s share of current and anticipated demand for VEHICLES in the DEALER’S LOCALITY. The Dealer’s maintenance of VEHICLE stocks shall be subject to the Company’s filling the Dealer’s orders therefor. (Ford Motor Company, Mercury Sales and Service Agreement, Standard Provisions.)

Most states, however, have Dealer Day in Court Acts with provisions such as:

Art. 4413(36), SUBCHAPTER E. PROHIBITIONS. Sec 5.02. Manufacturers; Distributors; Representatives. (b) It is unlawful for any manufacturer, distributor, or representative to: (1) Require or attempt to require any dealer to order, accept delivery or pay anything of value, directly or indirectly, for any motor vehicle, appliance, part, accessory or any other commodity unless voluntarily ordered or contracted for by such dealer. (Texas Motor Vehicle Commission Code)

It shall be unlawful and a violation of this code for any manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code to coerce or attempt to coerce any dealer in this state: (a) To order or accept delivery of any motor vehicle, part or accessory thereof, appliance, equipment or any other commodity not required by law which shall not have been voluntarily ordered by the dealer. (Section 11713.2 California Vehicle Code)

In addition to state laws, the National Dealer Day in Court Act also proscribes manufacturer and distributors from coercing a dealer into accepting “automobile, parts, accessories, or supplies which the dealer does not need, want or feel the market is able to absorb.” 1956 U.S.Code.Cong. & Admin.News, page 4603.

But, the law is always a two-edged sword and there is generally a fine line drawn between actions that are proper and actions that are improper. For example, it has long been settled that a dealer’s refusal to take all of the manufacturer’s line of vehicles, choosing instead to sell a competitor’s models, is grounds for termination. See, for example: Randy’s Studebaker Sales, Inc. v. Nissan Motor Corporation, 533 F.2d 510 (10th Cir. 1976), at 515.

Consequently, prior to deciding whether to accept or reject delivery of vehicles, a dealer should check with a competent automotive attorney, that is familiar with the laws in the jurisdiction where the vehicles are to be delivered, with respect to his or her particular circumstances.

Note: This article is not intended to provide legal advice, nor should it be interpreted as so doing.

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