Breach of Fiduciary Duty Claims

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Breach of fiduciary duty cases requires careful analysis of all the facts and analysis whether you are a beneficially who want to raise this claim, or you are facing allegations of breach of fiduciary duty. Either way, we have attorneys who will take a principled approach towards serving your needs.

There are hundreds of ways in which a fiduciary may breach the duties correlative to their status. This includes;

· Mismanaging, or misappropriating assets within an estate

· Negligence when it comes to timely reporting to beneficially or other interested parties including the court

· Not honoring the contents of trust, will or power of attorney

· Abuse of compensation

· Failing to help mediate disputes

· Conflict of interest

· Failing to act to actions such as failing promptly to liquidate stocks or bonds and much more

Many at times, these claims involve a fiduciary who is unaware of his or her responsibilities. However, such should not be an excuse and won’t hold especially for co-operate related fiduciaries. Whether you need to bring up a claim against a fiduciary of you have been named in a lawsuit, it is more than important to get an experienced attorney. We encourage that you seek legal guidance from Von Esch Law Group fiduciary duty attorney right away.

We will help you adhere the standard required and answer all questions you have about how to perform your duties correctly and advise you on the way forward when an issue arises concerning beneficially rights. We will also help you follow direction related to administration of an estate, and we will make sure that you are able to fulfill all your duties related to reporting and keeping interested parties reasonably informed.

If there is a conflict of interest when you are named as a beneficially to an estate, we will help you avoid or deal with any accusations of breach of fiduciary duty claim. We can also help challenge executor compensation if or when an executor or a trustee fails to perform his or her duties. Our attorneys can also handle breach of fiduciary duty claims in other legal ‘arenas’ such as civil litigation between directors, officers, partners, and shareholders.

We understand how the impact on such a claim will affect you, and we always take decisive action to protect your reputation your business reputation and profitability. We also strive to maintain family relationships if desired or when it possible.

Litigating With Subpoenas

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Subpoenas are an essential litigation tool used by attorneys to ensure that they have all of the information that is available. The intent of a subpoena is to get information that could have an impact on the outcome of a trial, but which an attorney would not want to disclose voluntarily. Often, subpoenas will result in the disclosure of information that can result in a settlement before the trial begins. Subpoenas can lead to a better understanding of the other side’s case with a legal search. Thus, the attorney for the party that might look culpable if the information were to be disclosed will now provide this information with a subpoena specifically requesting the information.

Subpoenas offer attorneys a chance to get information that will help prove or disprove their client’s case. Criminal defense attorneys use subpoenas to obtain witness or lay opinions that could cast serious doubt on the guilt of their clients. Information on how evidence was handled in a DUI case could be vital in putting up a proper defense.

Attorneys in civil cases will use subpoenas to get information that may result in resolving the claim without a trial, or at the least, will give an advantage in the trial to the side that was favored by the material subpoenaed.

Using the power of the subpoena requires an understanding of what a subpoena can do, and about how to get a subpoena issued. The reasons for requesting a subpoena must be established in the motion requesting it. Care must be exercised to avoid the errors often found in a request for a subpoena. The constitutional grounds for requesting a subpoena must be honored, or the request will be denied.

Subpoenas are issued by the court which has jurisdiction over the case. Every court has procedures for issuing subpoenas, and they will expect these to be followed. Courts will also stipulate how the subpoena must be served upon the person who is expected to respond.

Subpoenas must be specific in requesting information, or the judge may deny the request; subpoenas cannot be used as a witch hunt.

Subpoenas are formal legal commands and they should be taken seriously. Failure to comply with a subpoena can lead to contempt of court charges, which may ultimately lead to financial penalties and cause harm to the case you have been asked to help with.

Breach Of Fiduciary Duty Claims – How To Avoid Them and How To Resolve Them

What Is A Breach Of Fiduciary Claim?

A breach of fiduciary duty claim arises when a person who is trusted to handle certain affairs according to a prescribed agreement fails to do so. This is just one element of a claim; it is also necessary to prove that the fiduciary’s actions were contrary to the interests of the person for whom the fiduciary has responsibility. Another element of a breach of fiduciary claim stems from the failure of the fiduciary to provide their best efforts in protecting the interests of the person they have agreed to serve.

Although this is an overview of the fiduciary’s responsibility, it does capture the essence of a fiduciary’s responsibilities. Therefore, it is essential that the person who agrees to accept fiduciary responsibility fully understands the responsibilities, and these should be clearly stated in a written document. Courts at every level have ruled that a fiduciary is held to a high standard of ethical conduct, the highest standard of honesty, and they must avoid even the appearance of obtaining a personal benefit at the expense of the person for whom they are acting.

However, courts have ruled that the fiduciary must exercise all of the skill, diligence, and care at their disposal. Some legal experts suggest that this can be a problem for a fiduciary because these requirements are open to broad interpretation. However, the quality of the fiduciary agreement can greatly reduce this problem.

Actions You Can Take If You Believe You Have A Claim Against A Fiduciary

First, it is easier to prove a breach because fraud is not an essential element required to support the claim. You only need to show that the fiduciary could have taken advantage of their position for their own personal gain, and that they did so.

Simply stated, a breach of fiduciary duty occurs when the fiduciary acts in their interest rather than your interest. A fiduciary cannot obtain personal benefit by the unauthorized use of your assets. A fiduciary cannot subordinate your interests to their interests.

Our attorneys have the experience and the skill to resolve a breach of fiduciary duty claim. We can negotiate a resolution or we can litigate the matter.

Actions You Can Take To Avoid Breaches of Fiduciary Claims

The first action should be to ensure that the expectations of the fiduciary are clearly set forth and understood. This should occur in a written document that is thoroughly discussed between all parties.

The second step should be incorporating the fiduciary’s duties in the minutes of the Board of Directors which will serve to document the expectations of the fiduciary and the acknowledgement of the fiduciary that they fully understand their duties.

 

What Are Your Spousal Support Options In A Divorce?

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The spousal support options in a divorce are defined by California law and further defined by applicable appellate court decisions which are considered to be precedents in this matter. The state law mandates that permanent spousal support be determined by a careful review of numerous factors, and the courts have substantial discretion in determining what these are. Thus, the courts have a lot of leeway in awarding alimony. Temporary support payments may be ordered if it is deemed necessary.

Considering the complexities of the law and the subsequent appellate decisions along with the numerous factors a court must consider, it is essential that you have the benefit of an attorney who is highly experienced in dealing with spousal support issues. The courts consider the financial position of the supporting spouse and the ability of the supported spouse to become self-supported. The earning capacity of each party to maintain the standard of living enjoyed during the marriage will be important considerations. This means that the courts will consider the ability of the supporting spouse to pay spousal support by reviewing the supporting spouse’s earning capability along with unearned income and assets.

The courts can consider other criteria in awarding spousal support that are focused on financial matters. One such example arises when the supported spouse made it financially possible for the supporting spouse to obtain an education or a license that resulted in a substantial earning capacity and a higher standard of living than would otherwise be obtained.

The needs of dependent children for a full-time parent will also be pivotal in the spousal support determination.

Courts have wide latitude in determining the length of spousal support. While the goal of spousal support is to enable the supported party to become self-supporting within a reasonable period, this period is usually considered to be one-half of the length of the marriage if the marriage is less than 10 years old. However, nothing in the law mandates this or any other duration. The courts have the discretion to order support for any length of time, but the courts most often use the guidelines that are set forth in case law precedents. California courts never favor lifetime support. The California appellate courts have held that the supported spouse is entitled to support only for the period that is required to become self-supporting. For marriages that lasted longer than years, the courts generally expect the supported spouse to become self-supporting as quickly as is reasonably feasible.

Spousal supports can be terminated or modified by seeking an order from the court. A thorough justification must be provided, and such a request can be objected to by the supported party.

The supporting party must understand that spousal support can last longer than is necessary if you are not proactive in presenting your side of the matter.

The Family Law Section at the VonEsch Law Firm can discuss your options regarding spousal support. Seeking the assistance of an attorney will be highly beneficial. Keep in mind that California courts only award spousal support in only about 15% of divorce and separation cases.

Breach Of Construction Contracts

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Parties involved in construction projects rely heavily on construction contracts to establish the terms of the agreement between the construction company and the project owners. Both parties are obligated to perform their commitment as it is set forth in the contract. A breach of contract occurs when either party fails to perform their responsibilities as provided for in the contract.

Often, an attorney with experience in construction contracts can negotiate a resolution of the breach. This process is most effective when the construction contract is written properly, meaning that it includes language that protects both parties and a means for resolving disputes short of litigation.

Hostilities that develop between the parties can often be prevented by the language of the contract that is very specific about the responsibilities of each party. Ambiguous contract language can lead to disputes.

However, regardless of the contract language, there are remedies provided by the law for breaches of the contract. Either party can sue for damages which are usually an amount of money that compensates for the financial loss resulting from the contract breach including delays that are a violation of the contract. A contract is breached when one party causes the other party to fail to achieve the results they were promised in the contract. While oral contracts can be enforced when breached, it is more difficult to do so than it is with written contracts. All construction contracts should be in writing.

Different types of damages may apply when a contract is breached, and the damages are provided by the legal remedies available to the breached party. Our office can advise you about which of the allowed damages will apply to your situation. California law provides for the appropriate compensation in cases of a breach of contract, but litigation filed in pursuit of damages must specify correctly the type of damages sought.

California law remedies do not include compelling the offending party to prevent a breach, but rather the law is aimed at providing relief to the party harmed to redress the breach. Since the law in this area is complex and several remedies can be available, an experienced construction contract law attorney should be involved in any effort to litigate the issues.

A statute of limitations applies to breach of contract lawsuits. This is the deadline for filing a lawsuit. The statute of limitations in California for a written contract is four years from the date the contract can be considered to be broken.

How Can I Prepare Myself for a Custody Battle?

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If you are looking to regain custody of your child/children, there are many steps you could take to improve your chances of doing so. There are also a few key tips about the California divorce process that will make you feel better prepared and informed for your custody proceedings.

First Step:

Choosing the best family law attorney you can afford is first and foremost the best way to start your journey. You will get the most knowledgeable and experienced help possible!  Hiring the right attorney could mean the difference of getting what you wanted or getting nothing at all. Some advice: You don’t want to slack off any of this process when your children’s future is at stake!

Second Step:

This may sound cliché, but keeping a journal and documenting this journey could benefit you greatly. Here are a few things you’re going to want to keep track of:

• How much time you spend with your children
• What activities you are all involved in
• How much time the other parent spends with the child/children
• Note the time the other parent is gone, when they go to work and come home, and when they travel out of town
• Note any negative remarks, threats, arguments, profanities, or any other behavior that would impact custody

It would be in your best interest to keep track of the past six months to a year. Make sure you write down everything you have done, as well as, everything the other parent has done. Be sure to be ready to prove you are an active and involved caretaker, and that you deserve custody of your children. Bringing photos or an album of your child being happy in your care could only help your situation.

Third Step:

Showing that you are well established and are able to provide for your child/children is important. Make sure the court is aware of the fact that you:

• Have a job and a place of residency
• Have already been preparing for school and child care
• Have community ties through extracurricular activities, volunteering at school, involvement in your neighborhood, etc.

Be prepared to show why the other parent is not capable of providing for the child properly. It might help to find people who would testify about problems with the other parent’s inadequacies.

Do not leave the family residence until you have a custody arrangement in place.

Do not leave the family residence without a court order or written agreement if you are planning to move out, even without the children. A written agreement needs to set the custody arrangement to start once you have left home.

Full Custody and Over-Night Visitation

Both custody and visitation are decided in court on what is in the child’s best interest. Although it is best for the child to have strong relationships with both of the parents. If this is a civil separation and there isn’t any negativity with your ex, there is no reason he or she can’t have overnight visitation.

Questions for Your Attorney

As you go through this custody process, be sure to ask your attorney all the right questions. Here are a few you should ask:

• What factors are important in gaining temporary custody of my children?
• What are the consequences of moving out of my house and giving temporary child custody to the other parent?
• If I lose temporary child custody, what should I do to gain or improve my situation and get a better permanent custody arrangement?

Bodily Injury Due To Dangerous Conditions On Property

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If you have suffered a bodily injury due to dangerous conditions on property, you may be entitled to receive compensation by filing a California premises liability lawsuit. The basis for this lawsuit includes but is not limited to liability arising from construction accidents, dog bites and injuries caused by the willful and negligent conduct that resulted in dangerous conditions; this includes home owners. The dangerous condition must have created a reasonably foreseeable risk of the type that resulted in your injuries. This includes the wrongful or negligent conduct of an employee while performing their job responsibilities.

It is essential that the party deemed liable owned and had possession and control of the premises. This party has a duty to others to take reasonable action to make the premises safe and to prevent people from being injured. A greater duty is owed to children because they lack the capacity to understand the dangers.

Owners of property are under an obligation to prevent the condition of a risk of harm to people who come onto the land. If the owner failed to warn or repair the dangerous condition, then this inaction constitutes negligence. A store owner is obligated to ensure that the premises which are open to shoppers are safe. The owner must take action which is commensurate with the risk.

Owners of premises where the activities of others may result in injury to an invitee has an obligation to control the wrongful acts of a third person. This obligation is based on the premise that owner has the duty to exercise reasonable care in managing their property. This condition can arise when potential buyers are injured while looking at a property that is for sale. The property owner and the real estate agent have an obligation to protect the buyers from injury. Any property condition that is an unreasonable risk to people other than the owners must be repaired, or the agent and the buyers must be warned beforehand. California law is clear about the right of the buyer to file a lawsuit if the owner failed to eliminate a dangerous condition that created a reasonably foreseeable risk to the buyer.

Premises liability extends to dangerous property, retail store liability, restaurant liability, slip and fall accidents, and animal bites to name a few conditions where a person can be injured. If you believe that a dangerous premise condition was a significant reason for your injuries, then call the Von Esch Law Group to discuss your condition. When you hire the Von Esch Law Group real estate attorney you will have an attorney who is completely familiar with the real estate laws and the obligation of owners to protect people who visit their property. The California real estate code is specific about the responsibility of property owners. The Von Esch Real Estate Department is highly experienced in handling premise liability cases.

How Real Estate Attorneys Can Help You

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Those in the real estate business know that it only takes one bad transaction to mess you up completely. It helps to be diligent and exercise caution in all your real estate endeavors. To safeguard your interests, and prevent financial loss, it is highly recommended to work with a real estate lawyer who is knowledgeable of local laws. When seeking help on real estate law, Orange, California residents understand that they can count on Von Esch Law group for all their real estate law requirements. Here are a few matters that real estate attorneys handle.

They draft, review and negotiate real estate documents such as sale and purchase agreements, commercial or residential leases and many more. The attorneys represent parties who are involved in litigation. This normally happens when there is an eviction issue between a landlord and a tenant or when there are legal issues that are emerging between construction companies and owners of homes that are under construction. This may be because there are defects and other malfunctions in the property. Issues may also arise when the owner complains of poor workmanship by the contractor.

Von Esch Law Group helps to present a development proposal to the community where a project is to be undertaken. This is normally done in a community board hearing. Also, when a client wants to get a permission to obtain a variance or any other zoning relief, a real estate attorney can help make the necessary submission on behalf of the client.

Moreover, the legal service providers can represent a developer in a meeting with environmental management agencies when they want to prove that they have taken the required steps to satisfy environmental-due diligence procedures. Lawyers work with environmental experts in ensuring that the development project meets the stated environmental condition.

Von Esch Law Group offer valuable advice to those who want to develop joint projects where the community will share common interests. An example to this is when a condominium is being built and where there will be many shared facilities.

The attorneys provide valuable tax advice that will help their clients avoid unfavorable consequences in their transactions. For example, clients will need to understand what tax implications different forms of ownership have and also the effects that tax defer kind of transaction may offer.

In scenarios where there are disputes or disagreements and the matter end up in court, Von Esch Law Group will ensure that the interests of their clients are safeguarded. For instance, they will carry out an investigation about the underlying facts and call in a witness in the case.

For more information regarding Von Esch Law Group and their real estate law services, visit their website and Facebook page below!

http://www.voneschlaw.com/

https://www.facebook.com/pages/Von-Esch-Law-Group/787869571246480?fref=ts

Tax Court Goes To Webster For Definition Of Construction – And Watch That NAICS Code

If you are involved in construction and reconstruction, you may get a better deal on your losses from rental real estate and beginning with 2013 avoid the Obamacare tax on gains from rental real estate.  But what exactly is construction and reconstruction?  The Tax Court had to look it up in the dicitionary.  Here’s the story.

Some Background

The stake in the heart of the tax shelter vampire provided by the Tax Reform Act of 1986 was Code Section 469 , which introduced the oxymoronic concept – passive activities.  Other sections of the Code, like those concerning S corporations discuss “passive income” – interest and dividends and the like, but such investment income is not the passive activity income that 469 refers to.  Passive activity income and more significantly loss comes from a trade or business activity in which you do not materially participate.  We are required to divide our trade or business income from proprietorships, partnerships and S Corporations into two buckets.  If the passive bucket is a net loss, the loss is suspended and carried forward to be used if there is passive income in the future or when the underlying activity is entirely disposed.

The rules about how you classify your activities and measure material participation are mind boggling in their complexity.  Don’t get me started.  There is one rule that created a lot of angst, though.  Rental activities are per se passive.  This was troubling to people in the real estate industry who might for example have rental losses on a development while making money on the sale of property.  So a special rule was created for people involved in real estate trades or businesses.  If you spend more than 750 hours per year in real estate trades or businesses and the amount of time that you spend in the real estate trades is greater than the amount of time you spending doing anything else, then the per se passive rental income rule does not apply to you.  Rental losses are not passive, if you materially participate in the related properties.

Not Easy For People With Day Jobs To Be Considered Real Estate Pros

For some reason, the IRS is particularly zealous in enforcing Code Section 469.  If you have substantial income and are posting losses from rental activities, you can put as many “I love Obama” signs on your lawn as you want and you still have a better than average chance of being challenged. At least that is my inference from the cases I read and some discussions with other practitioners.

The way the cases have broken, people with non-real estate day jobs who claim that they spend more time on their amateur landlord activity are almost always accused of having insufficient records of their time, “ballpark guestimates, a colorful term that the Tax Court seems to have reserved for 469 cases. Even in the cases where people have logs, they are often found to be improbable.   You don’t see “pants on fire” in the decisions, but you suspect the judges are whispering it under their breath.
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In Pennsylvania and beyond, teaching boys and men to prevent domestic violence

On a high school football field near Pittsburgh, an assistant coach tackled a topic unrelated to the upcoming game.

“One of the biggest components of being a man is how you treat females,” Kevin Murray told his players at Woodland Hills High. “We’d be doing you a very big disservice by not holding you accountable.”

At the jailhouse in High Point, North Carolina, a sterner version of that message is now given routinely to men detained for domestic-violence offenses and considered at risk of re-offending.

“We’re putting these guys on notice that domestic violence is not going to be tolerated here,” said Police Chief Marty Sumner. “The message is very clear: ‘We know who you are, we know what you’re doing. It has to stop.'”

The two programs target different audiences. But in the realm of domestic-violence prevention, where the record of success is spotty, they share a status as two of the nation’s most promising initiatives.

Coaching Boys Into Men is one of the flagship programs developed by Futures Without Violence, a nonprofit working to curb abuse of women and children. Thousands of high school coaches across the country, now joined by some middle school coaches, have received training in how to convey to their players the importance of treating young women with respect and avoiding abusive behavior.

The program has attracted the notice of the Centers for Disease Control and Prevention. The federal agency funded a three-year evaluation, involving more than 2,000 high school athletes in Sacramento County, California, which found that participating players were more likely to intervene to stop abuse and less likely to perpetrate it.

High Point’s program — the Offender-Focused Domestic Violence Initiative — was conceived in 2009 based on an approach developed by David M. Kennedy, a professor at John Jay College of Criminal Justice in New York. While many programs focus on helping victims of domestic violence, High Point’s initiative targets the offender with a strategy of aggressive deterrence.

Since the program was fully implemented in 2012, the recidivism rate for domestic-violence offenders in High Point has been cut to about 9 percent, which the police department says is about one-third the national rate. There’s been one intimate-partner homicide since 2009, compared to 17 between 2004 and 2008.

“We’d get 5,000 domestic-violence calls a year — every year it’s our No. 1 call,” Chief Sumner said. “It gets passed on from generation to generation, but this program is a really good shot at breaking that cycle citywide.”

Efforts to raise awareness about domestic violence have been vigorously pursued in the U.S. for more than three decades. After Congress passed the Violence Against Women Act in 1994, domestic violence committed by intimate partners — current or former spouses, boyfriends or girlfriends — declined by more than 60 percent over the next 10 years.

Since then, however, the numbers have stayed relatively flat.

Even as incidents involving National Football League players and other pro athletes refocus attention on domestic violence, leading prevention advocates say more resources and smarter strategies are needed to combat it.

“We now have a safety net for victims, we have the laws in place, judges who understand the seriousness of the issue,” said Esta Soler, president of Futures Without Violence. “We need to do more to prevent the problems, not just treat the problems.”

For decades, so-called batterer intervention programs have been one of the main forms of prevention, with offenders participating in group sessions aimed at promoting non-abusive behavior. A range of local programs have won praise — such as Wisdom Walk, which focuses on African-American men in Milwaukee, and Caminar Latino, which runs a 24-week program for Latino men in Atlanta.

However, research on the effectiveness of group intervention programs has produced mixed findings — causing some judges and probation officers to mandate that men participate, others saying there’s no evidence of success.

And what about the much-discussed programs in High Point and Pittsburgh? Here’s a closer look at each:

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The new regimen in High Point, a city of about 107,000, kicks into gear whenever police respond to a domestic disturbance call. Even if there’s no arrest, and no previous record of domestic violence, the alleged aggressors receive another visit from a police officer within 48 hours and are notified that they are henceforth on a “watch list.”

With any subsequent domestic violence offense, there’s an escalating series of consequences, including a face-to-face warning from a detective at the time of arrest and — for some repeat offenders — a summons to appear in person before a panel of police, prosecutors and members of the community.

“In an hour, we explain how it’s going to be different,” Sumner said. “We will use any means to sanction you.”

The pressure tactics include threatening to classify any further domestic violence offense as a felony and to expedite prosecution of any other criminal case pending against the offender. Sumner’s department has found that many domestic-violence offenders have a record of other violent crimes, and uses those records to help decide which targets of the program might deserve extra scrutiny.

The community panel makes clear that the police will maintain their aggressive stance regardless of whether the offender’s victim plays an active role in any future case or seeks to stay out of it.

David Kennedy noted that in the traditional responses to domestic violence, the onus often was on the victim to report the abuse and testify about it in court, sometimes incurring threats and further violence in the process.

“We wanted to be able to say to the offender, ‘You’re dealing with us, you’re not dealing with her. The state is going to make you stop,'” Kennedy said. “The feedback from the women is, ‘You’ve got his attention. Things are better. Keep it up, and keep me out of it.'”

If victimized women do want services, they are offered through a Victim’s Justice Center that opened in April. It’s a one-stop site where victims can meet with police, get protective orders from legal aid attorneys, and be informed of other available services.

“In the past, it was up to the victim to do all the work while dealing with the threats,” said Tiffany Atkins, a domestic violence attorney with Legal Aid of North Carolina. “Now we take the responsibility.”

Sumner said his department has been able to implement the program without increasing its budget — primarily by adding some new training and reassigning two detectives to specialize in domestic-violence cases.

Said Kennedy of the approach, “If you do it smart, it doesn’t need to be costly.”

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If any high school was tailor-made for Coaching Boys Into Men, it might be Woodland Hills. It’s a perennial football powerhouse in western Pennsylvania, sending many of its players on to major college teams and even to the NFL. It also serves a 12-town district that includes some of greater Pittsburgh’s roughest neighborhoods.

“The community of kids we deal with — there are a lot of broken homes,” said Keith Davis, who attended the school and now, at 30, is in his third year on the football coaching staff.

“A lot of players have seen where their father has beaten their mother, beaten their sister — it’s no wonder they grow up the same way,” Davis said. “The program — they’re actually living it. In some schools, it might not hit home the way it did with us.”

Davis recalled how players followed news reports of the Steubenville, Ohio, case in which two high school football players were convicted last year of raping a 16-year-old girl after an alcohol-fueled party in 2012.

“A lot of our guys came back and said, ‘Coach, I’ve been in situations like that,'” Davis said. “We have to put a stop to it.”

Launched as a public service announcement campaign in 2001, Coaching Boys Into Men has since expanded to schools and coaches associations across the country — with new pilot programs this year involving coaches of 7th- and 8th-grade athletes. It’s based on the premise that young athletes will take exhortations from their coaches seriously, and then — as role models among their peers — will be taken seriously by other students as they re-think their attitudes about relationships and abuse.

“If you’re a student athlete, you’re also a student leader — respected by peers, by underclassmen, with a degree of influence and power,” said Alan Johnson, superintendent of the Woodland Hills School District. “You can be a leader for good, or a leader for bad. You have to make the decision which kind you’re going to be.”

One of the team’s top linemen on offense and defense, 265-pound senior Daniel Gibson, said the players, by taking the program to heart, had indeed had an influence on other students.

“Whatever we do, everyone else would like to do,” he said. “They get off on our vibe”

Another advocate of Coaching Boys Into Men is Wendell Say, head football coach for 35 years at Aiea High School near Honolulu. He’s been using the program for five years — it’s now a routine prelude to practices on Wednesdays.

“The curriculum is simple — it just takes 15 minutes at most, unless you let the kids talk,” Say said. “I sometimes take 45 minutes.”

Say says his players — many from low-income housing projects — often convey their firsthand knowledge of domestic violence. They’ve seen it in their family, or abused their own girlfriends, and they’ve also followed the domestic-violence cases involving Ray Rice and other NFL players.

“We still have kids who make wrong choices,” Say said. “But hopefully every year you learn more — a little understanding that just because you’re stronger doesn’t give you the right to hurt someone.”

The program — broken down thematically on a series of “training cards” — targets such behavior as catcalling and demeaning boasts about girlfriends. It also advises coaches on how to handle actual incidents of physical and sexual violence committed by team members.

The ethos is summed up in a pledge to be taken by players and coaches:

“I believe in treating women and girls with honor and respect. I know that violence is neither a solution nor a sign of strength. I believe that real men lead with conviction and speak out against violence against women and girls. I believe that I can be a role model to others by taking this pledge.”

http://www.pennlive.com/nation-world/2014/11/in_pennsylvania_and_beyond_tea.html