legal advice

In order to apply for any Social Security benefits one must find out if, first they qualify for the benefits they are wishing to receive. There are various options one has to determine if they would be eligible. One such way would be to contact an attorney who handles social security filings. Another option is take an online eligibility test at the social security web site. The test is called B.E.S.T.- Benefit Eligibility Screening Tool. The test is not an application for benefits and it doesn’t give you an estimate of benefit amounts, ask you for your name, or social security number and lastly it doesn’t access your personal Social Security records.
You can apply for Social Security benefits online however you can’t apply for all aspects of Social Security benefits online. Online you may apply for retirement, disability and spouse’s benefits. You are also able to restart an incomplete application and check the status of a claim at the agency site .You are not allowed to use the internet application if you are applying for Supplemental Security Income (SSI) benefits, however you can begin the process of applying for SSI disability for an adult of child by completing an online disability report. An individual cannot apply online for benefits for children, benefits as a surviving spouse, lump sum death payments and lastly apply for Medicare coverage only. Instead of applying online for the listed items above the individual must call toll free at 1-800-772-1213, and for the deaf and hard of hearing the TTY number is 1-800-325-0778. Applicants can also apply by mail or in person at any Social Security office. However they must first make an appointment in order to apply for benefits. The application process can sometimes be complex and confusing, as such, it is sometimes helpful to seek the services of an attorney. By law, an attorney can only receive a fee for SSI or SSDI benefits after you are receiving funds, and in most cases the attorney only receives a percent of the benefits you were do in the past, but not any money due in the future.
Some things that an individual would need to take into consideration when applying for these benefits are; an individual must be ready to supply the information needed in order to approve an application for benefits. The Social Security Administration also may ask the individual to provide certain documents to show that they are eligible and to assist in the decision of how much the benefits should be. If an individual is considering having direct deposit they must also bring their bank information in order for the process to be started.
It should be noted that if an individual has filed for Social Security disability benefits and have been denied the benefits within the last 60 days they are not to use the internet application to file an appeal. If an individual is unsure whether or not they are still within the appeal period they should call the Social Security Administrations toll free number to acquire assistance before completing the internet application.

If you've not heard yet, you only have a few days left to organise your enduring Power of Attorney. Officially, you have until September 30th to get it in place, at which time EPAs will be replaced by Lasting Powers of Attorney.
If you lose mental capacity because of dementia, you will need someone else to manage your legal, financial and health affairs.
Currently, you can make an ‘Enduring Power of Attorney', which means a person of your choosing will be able to manage your finances for you, or someone can apply for ‘receivership' on your behalf.
From October 1st 2007, you will be able to make a ‘Lasting Power of Attorney'; this will enable you to choose a person to make decisions regarding your health and welfare, as well as your finances.
So why should you make sure you get your Enduring Power of Attorney in place now?
It is sensible to make an EPA, as it enables you to select one or more people to act for you now, if you wish, and in the future, should you become mentally incapable. It gives you the opportunity to have a say about your future; it will also make it easier for your carers to act on your behalf in the future.
You can set up an EPA as long as you are aware of what is involved and can show that you understand the process.
What is an EPA?
An EPA is a legal process in which you, the ‘donor', give the legal right to one or more people, known as the ‘attorneys', to manage your financial affairs and property. This power can come into effect immediately, and has the same status as an ordinary power of attorney. This means that your attorneys can manage part or all of your financial affairs for you, or you can continue to manage them yourself while you are able to and handover responsibility later.
The difference between an enduring power of attorney and an ordinary power of attorney is that an ordinary power of attorney becomes invalid if the donor becomes mentally incapable, whereas an enduring power of attorney becomes effective, providing the necessary steps are taken.
If you become mentally incapable, your attorneys will apply to register your EPA with the public guardianship office. While the registration is being processed, they can use your finances for essentials on your behalf, such as food or payment of regular bills.
How Do You Get an EPA?
As there's not much time left, we suggest you approach a good solicitor to organise the forms for you. It's also worth thinking now who you'd want to act as your attorney(s).
You should choose somebody who knows you well and who you trust; this is often a partner or a close family member. However, some people prefer to choose someone with whom they are not so emotionally involved.
Why Do an EPA Now?
Of course, you could wait until the new legislation after October 1st. At this time you'll be able to a Lasting Power of Attorney.
The main differences are:
- An LPA will enable you (the donor) to nominate a spokesperson (the attorney, sometimes referred to as a‘donee') to make decisions regarding your personal welfare, including healthcare and consent to medical treatment. Different attorneys can be named for making different kinds of decisions.
- A Lasting Power of Attorney is expected to be more expensive than an Enduring Power of Attorney. The reason for the increase in cost is that it must be registered with the Public Guardianship office before it can be used. The new form will be more comprehensive than the current Enduring Power of Attorney and the whole cost in terms of legal time and Court fees is likely to be higher.

Sometimes lost in a custody dispute are the rights entitled to the children. While parents can freely bicker back and forth about custodial rights, the child is not always given the opportunity to voice their opinion. The court system began to take notice of this fact in the mid-eighties, and since then has implemented various protective measures to insure the child’s desires are considered.
The Wisconsin Supreme Court created a comprehensive list of guidelines for considering child custody rights. This resource was later accepted and upheld within each of the state court systems. Here is an overview of the rights it provides to the children:
-A child has a right to continue his or her relationship with each parent and receive care, guidance, and support from each as needed.
-The child is entitled to maintain regular contact with a non-custodial parent as well as a full explanation for any changes or cancellations in visitation schedules.
-A child has the right to have their ideas, feelings, and opinions considered in all discussions surrounding their welfare. This means they should not be treated as an item or bargaining chip in any aspect of the divorce settlement.
-A child has the right to freely express their love, friendship, or adoration for each parent. They should never feel ashamed or afraid to share these feeling around the other parent. Each parent also has an obligation to respect the love and emotion that the child displays for the other parent.
-The child is entitled to an explanation of the cause for the divorce and a reassurance that it was not the fault their fault. They should also not be the source of, or blamed for, any argument that arises between the parents.
-A child should never be wrongly influenced by a parent for the purpose of manipulating the child’s view of the other parent. This includes lying about the activities of the other parent or forcing the child to make decisions that are designed to negatively affect the other parent’s relationship with the child.
This is a sample of the child custody rights upheld by custody courts across the nation. In addition to these rights, the courts also takes into account the living situations offered by both parents when awarding custody. Judges can also utilize interview sessions and independent investigators to determine the child’s preference with custodial rights and visitation frequency.
It is important for children to recognize that they do have a voice in the custody rights. Unfortunately, these rights are not always explained to the children or are distorted by vindictive parents. The court system has come a long way in recent years to protect child custody rights, but the consistent support of the parents and family members is always preferred.

Choosing the next managing partner has historically been a knee-jerk response in most firms. Usually the choice is between either trying to fill the void by promoting the next best rainmaker, or going with a firm workhorse or a partner with particularly strong administrative and financial skills. Some choose a copycat of the previous managing partner. But, filling the most important leadership position in your firm is not a decision to be made lightly or frivolously.
Finding a new leader with the right combination of clout and charisma to reshape your firm is a tremendous challenge which is critically important to the firm’s future. Don’t fall into the common trap of seeing the incoming managing partner as merely a replacement of the old one.
The Copycat
The copycat works on filling the big guy’s shoes by maintaining the status quo. A few personality changes here—a tuck, a fold—and soon everyone believes the “Great One” has been resurrected. Or so it seems. But, replacing a managing partner with a copycat is destined to fail. Cloning personalities is impossible, even in laboratory rats. The reality is that only the predecessor can be the predecessor—and that person has left the building. Pretending that his persona lives on through his successor is unhealthy, and it will polarize a firm.
The Super Administrator
Perhaps the most distracting of management personalities is the super administrator. For this partner, great management means great administration. Leadership is measured by the proper allocation of yellow-pad spending or the cost savings found in recycling case folders. Like an office manager on steroids, this personality busily works at forming new committees, rewriting hiring policies, penciling budgets, and relocating water coolers.
When firms choose a super administrator to lead them, at first everyone is relieved because someone has finally taken control of the details. But, people soon realize that the changes being made are superficial and, in some cases, downright childish.
This type of managing partner tends to apply Band-Aids to firm-wide problems, rather than getting at the root of the problem. Super administrators rarely rock the boat, and their own style of leadership (or lack of it) will not bring about the hard changes that are fundamental to firm growth and prosperity.
The Workhorse
Just because partners generate high levels of billing revenue, and have a strong work ethic, does not automatically mean they have the requisite skills and expertise to effectively lead and manage the firm.
Managing partners who are workhorses may expect other members of the firm to follow their lead. Unfortunately, while leading by example is admirable, it rarely has staying power. The “Be like Mike” approach may temporarily stimulate more work activity among lawyers and staff, but rarely does it result in lasting change. Furthermore, it often causes resentment on the part of the new managing partner, as he sadly realizes that the firm’s lawyers are not taking his cue.
One partner shared this experience:
“I came up the ranks by tracing the footsteps of our top guy. He was always the last to leave and the first in. I thought being like him would get me to the top. It did. But when I got there, the lawyers I managed didn’t care about tracing my footsteps, or emulating my work ethic. Most wanted to know ‘What’s in it for me?’ before they broke their backs.
“A managing partner should spend time managing, leading, and marketing the firm, but spending more time managing and less time with clients takes an otherwise productive senior timekeeper away from generating revenue. Firms should think seriously about the consequences of this type of situation.”
The Rainmaker
It is a common mistake to believe that a star rainmaker will make a star managing partner. Actually, many firms have found that quite the contrary is true. There is little to support the contention that those who can make rain will also be great managers—in fact, they are typically poor managers. They can be great communicators and sometimes even great relationship builders, but they often lack the patience and discipline necessary to cope with the challenges of building and leading their firms to new heights, and it is difficult for them to lead in the face of adversity and rise above firm politics. While rainmakers understandably wield much power, the reality is that the ultimate success of a firm will depend on an entirely different type of leader with an entirely different set of skills.
Let’s take a look at rainmakers, since they are typically the replacement of choice.
The Rainmaker’s Legacy
Great rainmakers, known simply and affectionately as the “Great Ones,” have always been valuable commodities. The question is whether or not they make great leaders and managers. It’s true that firms have often experienced great growth at the hands of great rainmakers. Almost mythical in stature, some of these mega-lawyers have single-handedly elevated their firms to great heights. In doing so, they became the heart and soul of the firm’s persona.
In my discussions with lawyers about the character traits of their firms’ rainmakers, however, a pattern emerged: Rainmakers don’t delegate well. They hoard knowledge. They are highly political, stubbornly independent by nature, and mavericks by impulse.
Rainmakers resemble what business thinkers call “Phase-One Entrepreneurs.” These are core-level players. They get things done—often by imposing their will on others. They never say die. They are obsessive and have great tenacity, but at some point, the management and business skills necessary to take their organization to the next level are simply not compatible with their nature or desires. Ironically, the character qualities found in top rainmakers are often strikingly different from those found in top managers.
In large firms, rainmakers who are also managing partners are famous for letting the firm’s business be managed by executive committee—not because committee action is superior, but because rainmakers would rather not be bothered with such headaches. However, an executive committee can never replace the leadership and management strength necessary to take a firm to a higher level.
One very prominent Los Angeles rainmaker described his role as managing partner:
“This firm was built on my reputation, and to this day, it runs on my reputation. The main role of the managing partner, as I see it, is being able to keep the discontent factor of my other partners to an absolute minimum.”
To most rainmakers, marketing means reeling in new clients—preferably big ones with substantial and broad-based legal needs. For firms with such a rainmaker as managing partner, the rainmaker is the firm’s marketing. That is, until the rainmaker leaves.
When “Great Ones” Leave
When Great Ones leave, a large void is created. Great Ones leave behind not only their legacy, but also firms without leaders. All too often the space they vacated is left unfilled by the remaining partners. The truth is, these types of powerhouse partners are hard acts to follow, and their absence can loom as large and as real as their presence once did.
Uncertainty often follows the departure of such personalities. For most partners, it’s a very unsettling experience. The next in line—the replacements—often perceive their new positions after such a transition as temporary holding stations until the next best leader can be resurrected, hopefully in the image of the Great One.
Taking the helm, especially when a firm is under stress, has destroyed otherwise promising careers. Some newly ordained managing partners decide to just wait it out. They are managing partners by default, and their sole interest is to stay the course.
These types hedge their bets, keep an active caseload, service the big clients and, if time permits, try to manage the firm. Like good soldiers, they keep their heads down and ears open.
So What Makes A Great Leader?
If your firm is seeking a new leader, look for a team player who is honest, inquisitive, imaginative, cooperative, communicative—and, above all, one who wants the firm to soar at many levels. Remember, leadership is a state of mind.?The most dynamic types of leader are perspective-driven. These intensely inquisitive people need to know what actually helps their firm to grow and prosper and, just as importantly, what causes it to falter. They want to know what clients think about the firm—what clients actually experience when they visit and do business with the firm.
Perspective-driven leaders seek to discover new ways of serving clients and making them feel valued. They are painfully honest and realistic when it comes to evaluating performance—including their own. These leaders do not claim to have a monopoly on knowledge. They know that to completely understand a major challenge, they must turn to people who think in a variety of ways; thinking in teams is usually more productive than thinking individually.
True leaders have personal visions that incorporate the firm’s vision. They believe in the firm. They have the courage to make tough decisions—including showing toxic partners the door.
True leaders strengthen the firm from the inside out—starting by working with others to define its core values, and then by moving toward making those values an intrinsic part of everything the firm does and every impression it makes.
They are great listeners; they don’t bark out orders from behind their desks. Real leaders find ways to develop strengths in the people they work with. They work through people, by understanding and evoking their intelligence, creativity, and participation. Especially for firms in the midst of great change, leaders must be able to manage through teams of people, delegating work and rewarding performance while encouraging persistence. Such leaders encourage excellent performance at every level. The most successful managing partners I have seen rarely dominate the group; rather they support the group by keeping it focused and on task. Such leaders rely on others to help them stay organized. Watch a leader and a trusted secretary interact—can you tell who is managing whom?
Exceptional leaders work hard to remove barriers in communication among their key people. They see their role as smoothing out the processes. They are facilitators, not dominators. They think about ways of making others more effective and productive—making it easier for them to do their jobs. And when their effort results in success, these leaders rarely take the credit, instead giving it to the group where it belongs.

Rajiv Kashyap settled abroad for the past 25 years still misses the feel of his own country. Although he stays in a foreign land for work purpose but makes every effort to connect with his own motherland in some way or the other. He has property in India, has relatives here and also has a PIO card. This has helped him a lot in keeping constant touch with his country and the people here.
Considering the emotions of persons like Rajiv for their country, for bridging the gap, as well as for respecting their longing to participate in the development of the country of their origin, the Government of India launched a special scheme for such citizens.
The government approved the PIO scheme on 31st March, 1999 for Indians settles abroad so that they could obtain a dual citizenship and could enter India without any visa. This scheme was revised in 2002 and was called PIO Card Scheme and came into force on 15th September 2002. Following are the facts that have to be looked into before a person can apply for a PIO card.
Eligibility
The following persons are eligible for applying for the PIO card:
• An Indian passport holder at any time in his life.
• The persons’ parent/grandparent/great grandparent was born or permanently residing in India and other territories that became part of India thereafter. Neither of them should have been at any time a citizen of any other country as may be specified by the Central Government. These provisions should be in confirmation with the Government of India Act, 1935
• A spouse of a citizen of India or a person of Indian origin.
Procedure for application
The application for the PIO card should be made in an Indian Mission in the country where the person resides. The authority to grant a PIO Card shall be an officer in an Indian Mission notified for the purpose or the Joint Secretary Ministry of Home Affairs, Government of India or the Foreigners Regional Registration Officer, New Delhi, Mumbai, Calcutta of the Chief Immigration Officer, Chennai.
If the applicant is already resident in India on a long term visa then the application should be made to the following addresses:
New Delhi- Foreigners Regional Registration Officer, Level –II, East Block VIII, R.K. Puram, Sector – I, New Delhi.
Mumbai- Foreigners Regional Registration Officer, Annex II, Commissioner of Police, Craw Ford Market, Mumbai - 400001.
Calcutta- Foreigners Regional Registration Officer, 237, Acharya Jagdish Calcutta – 700020.
Chennai- Chief Immigration Officer, Bureau of Immigration, Shastri Bhavan Annex, No.26, Haddows Road, Chennai- 600006.
If the person is not residing in the following cities above then the address would be:
Joint Secretary (Foreigners). Ministry of Home Affairs, 1st floor, Lok Nayak Bhavan, Khan Market New Delhi-110003.
An application for issue or the renewal of a PIO Card shall be made in the prescribed form and shall be accompanied by documentary evidence to show that the application is a person of Indian origin as defined.
PDF
As all the applications on the website of the Embassy of India are in Portable Document Format (PDF), the interested persons will be able to obtain publications in their original format regardless of what platform, software, or configurations they use to access the Internet.
Fee
As the PIO card scheme was revised in 2002 therefore the fee for new PIO Card for adult is US $ 310.00, for children below the age of 18 years is US $ 155.00. The people who had been granted PIO cards in 1999 when the fee was US $ 1000/- will continue to remain valid and no refund will be admissible. The validity of such cards will be extended up to 10 years.
Validity
According to the revision of the PIO card scheme a PIO card shall be valid for a period of 15 years from the date of issue subject to the validity of the passport of the applicant. It will be valid only when it is accompanied by a valid passport.
Facilities for the PIO card holder
Besides making the journey easier this Scheme sanctions the PIO’s a many economic, educational and literary benefits. They include:
(i) Carrying visa not compulsory.
(ii) If the continuous stay does not exceed 180 days then there is no need to register with the Foreigners Registration Officer however if the stay exceeds 180 days, then the registration is required to be done within a period of 30 days of the expiry of 180 days.
(iii) There is uniformity with NRI’s in respect of services available to the latter in economic, financial, educational fields, etc. These facilities include:-
(a) Holding, acquiring, transferring and disposal of immovable properties in India except agricultural and plantation properties.
(b) Admission of students in educational institutions including colleges and schools in India under the general category quota for NRI’s.
(c) Availing the benefits of various housing schemes of Life Insurance Corporation of India, State Governments and other Government agencies.
(d) All future benefits that extend to NRI’s
(e) However, they are not allowed to enjoy political rights in India.
Cancellation of PIO Card
The Central Government can also allow the cancellation an application for issuing PIO card if the following conditions are noticed:
(a) When the PIO Card has been obtained by adopting fraudulent means, giving false representations or concealing any material fact; or
(b) When the PIO Card holder has represented himself by act or words to be disrespecting the Constitution of India and other laws of India; or
(c) When the PIO Card holder is a citizen or subject of any country at war with, is committing external aggression against India or any other country assisting the country with whom we are at war, or committing such aggression against India; or
(d) When the PIO Card holder has been condemned for indulging in acts of terrorism, smuggling arms, narcotics, ammunitions etc, or has been convicted for committing an offence punishable with imprisonment up to one year or fine up to rupees 10000; or
(e) When it is not favorable in the public interest to grant the PIO card to the person.
It is not necessary to assign any reasons for the cancellation of the PIO card.
Issue of Gratis PIO Card
This type of card is granted to those individuals who have done some exceptional work like developmental work or building of a bridge etc.
Duplicate PIO Card
Duplicate PIO Card can be obtained in case of loss of the earlier card, etc., on a request supplemented with an FIR and other documents. A fee of US $ 100 has to be deposited for availing this facility. The application for the issue has to be filed in the same office from where the original card was obtained
After going through the above steps we can conclude that this would go a long way in restoring and reinforcing the emotional bond amongst PIO’s with the land of their origin. The unique features of the Scheme will further encourage them to play a key role in the social and cultural development of their own country.

House Sharing is defined as renting out of property jointly by a group of people. They agree to pay the rent for a fixed duration of time including all utility bill payments and property Council Tax. Typically, the house sharing agreement contains:
The percentage of rent payable by each co-tenant
The duration of tenancy
The percentage of deposit to be paid by each co-tenant
The facilities to be made available to all the tenants
Rights and responsibilities of the landlord
Rights and responsibilities of all the tenants
The notice period
Changing British Society: The Halifax Indicator shows that more than 74 percent of house sharing agreements are signed by local and international students. In fact, University Accommodation services at Bristol and Bath University recommend this type of tenancy. A house sharing tenancy assures:
less expenses
company
safety
University Accommodation services claim that usually a group of full-time students gets together and enters into a house sharing tenancy agreement. However, as social Psychologist, Day, points out students prefer to use the online method while entering into a house sharing tenancy agreement. Students are concerned with their studies and prefer to get settled in a house without hassle and wastage of time. Online method has the following advantages:
Students find physically going to a solicitor and drawing up the house sharing agreement a tedious task
Students are usually categorised to be ‘below the poverty line’ in the UK. They cannot afford to hire a lawyer and the expenses of travelling.
Students are often unaware of housing and tenancy laws. They do not understand legal jargon and documentation clauses. Online agencies provide guides and support
Online agencies also provide students with the convenience of entering into a ‘Roommate Agreement’ ensuring that the terms of tenancy and property responsibilities are clear between the tenants.
An online house sharing agreement also provides a content insurance policy for the landlord and the tenants. This insurance policy ensures that the correct person liable for any theft is rightly charged with the payment.
Students have easy accessibility to the Internet and can secure house sharing agreements online.
Online House Sharing Agreements usually are student-friendly. Online agencies understand that a major part of their profit comes from students. Usually online agencies such as tenancy- agreement and Legalhelpers provide house sharing advice to students:
Always take a friend or a responsible acquaintance when viewing the property premises. Online agencies state that often students are duped into entering house sharing tenancy agreements for properties other than the one viewed.
Be positive and knowledgeable about tenancy facts of deposit and rental advance. The two terms are different from each other. Prospective tenants have to pay a month’s rent as advance and a deposit amount of six weeks rent.
Always read the tenancy agreement. Online agencies provide solicitor-drafted agreements coupled with a definition sheet of tenancy terms. Online agency solicitors prepare tenancy agreement clauses which are in compliance with the 1988 UK Housing Act.
Online agencies also make sure that a content insurance cover is provided by the landlord.
The legal team of the online agency ensures that the house sharing tenancy agreement is constructed in the present tense outlining the rent, duration and the notice period.
Online house sharing agreement services also ensure that the prospective tenants are not liable for any existent or naturally occurring property damage. Online agencies make sure that the landlord agrees to a repair clause.
The agency advises prospective tenants to keep a record of all rent payments.
The prospective tenant has to visit an online house sharing agreement agency’s website and fill in the application form with the vital and required information. The information is then verified by the online agency’s legal experts. The house sharing agreement is drafted and emailed to the individuals for revision. On editing, the deed is sent back to the agency.
The online agency contacts the respective landlord and after obtaining his/ her consent, the deed is finalised. The house sharing online agreement is a legally binding document. Thus, both parties have to sign the agreement in front of the online agency’s solicitor. The agreement is duly signed by the lawyer and stored.
As the tenancy period ends, the agreement’s notice and deposit clauses come into fore. The online agency ensures that the tenants get their deposits back. Thus, online house sharing agreement services have made tenancy agreements easier. The future of these online agencies is largely dependent on the rate of student infiltration in the country.

Personal injury litigation can be classified into 2 different categories. These are as follows:
Negligence cases - These arise when the person causing the harm does not actually intend to do so.
Intentional acts/’torts’ - These are the wrongful acts of another person which entitles the injured party to seek damages through the court.
This article is about the first category, that is, the negligence cases.
When the person causing the harm shows carelessness towards the safety of other people and end up causing injury to the other person unintentionally, the cause of such an action is termed as "negligence".
For instance, most of the laws and litigations arising out of motor vehicle accidents merely charge a driver with being "negligent."
In order to win a "negligence" case, an injured person is required to produce suitable evidence to prove that the defendant owed him a duty to exercise reasonable care. Also, he should state that the duty was violated by the defendant, that his injuries resulted from the violation of duty, and that the injuries were a result of that violation”.
In case of an automobile accident, the duty of the driver of a car is to keep his car under control at all times. He owes other drivers the duty to drive safely. At the same time, it is most likely that slightest of mistakes made while driving can lead to disastrous accidents causing serious injuries to other people.
Therefore, a person who gets injured in a car accident is entitled to file a case of negligence against the driver. He is in a position good enough to argue that the driver who caused the accident was “legally negligent”. The injured person can, thus, ask for suitable compensation for the injuries caused by the accident.
To conclude, the most common negligence actions include the following:
Automobile accidents
"Slip and Fall" accidents –that result from improper design or maintenance
Medical malpractice actions.

One of the duties of a paralegal is organizing client files. Law firms keep client documentation in folders in the same basic format, usually with separate sections for correspondence, pleadings and exhibits. This article pertains to the pleadings section.
A pleading is a legal document that has been filed with the court. Once a lawsuit begins, incoming and outgoing pleadings are processed. Copies of those pleadings should be managed by paralegals in some quickly identifiable way. Why? One example is when an attorney attends a hearing. The attorney may need to refer to a pleading while arguing a point in front of the judge. Another example would be referring to information located in one pleading while drafting another pleading. There is no quick way to locate pleadings unless an understandable filing system is utilized.
The file copy of pleadings are hole-punched and added to either a folder with prongs or a three-ring binder. The copies are added in order by chronological date, starting with the earliest pleadings and the most recent being filed on top.
We now have some initial order developing for the documents, but we still need them to be located easily. At this point, paralegals will realize the importance of a pleadings index. A pleadings index is a typed list of the pleadings in a table format.
Start your document with the style of the case as a heading at the top. Entitled it "Pleadings Index." Include page numbering in the document's format.
An index table usually has four columns that include these column headings:
1. Tab Numbers;2. Filing Party;3. Description; and4. Date Filed/Received.
The first column is for the numbers assigned to each pleading. The number one pleading would be the first document filed in the case, and so on. The pleadings are placed in the folder, and numbered tab divider sheets separate the documents. The numbers of the tabs correspond with the numbered list on the index.
The second column designates which party filed the pleading: "Plaintiff" or "Defendant." If there are several plaintiffs or defendants, designate further – "Defendant Anderson." It is helpful to highlight your firm's client in bold on the index – "Defendant Anderson."
The third column contains the title of the pleading. A diligent paralegal will add a bit more information if the title is short and generic. If a title is merely "Order," add what the Order accomplishes – "Order (setting trial date)," or "Notice of Deposition (of Dr. Johnson)."
The fourth column is the date the document was entered, or received. If the pleading is an order or similar instruction by the judge, use the date that document was entered in the court record by the court clerk. Use the date received for pleadings sent to your office from other counsel.
Your firm may utilize abbreviations in their indices. This is fine as long as the abbreviations are uniform and make sense generally. Some firms prefer formal wording with no abbreviations.
Once the index is prepared, hole-punch it and place the index on top of the tabbed pleadings.
As the case develops and more pleadings are prepared or received, add them to the index and file promptly. Ensure that the pleading file is current particularly before any scheduled events in the case.
Now the case's litigation story has been captured and recorded, making your attorney's tasks easier. A job well done!

Giving More Teeth to Anti-Smoking Laws?
Non-smokers are now inhaling less secondhand smoke. This development was reported by the US Center for Disease Control and Prevention. This is owed to the efforts of lawmakers to ban smoking in specific public areas. However, there is still a need to strengthen local and international laws against cigarette smoking. Public awareness about the facts about smoking helps too.
The self-destructive habit of millions of Americans had officials scurrying to pass anti-smoking laws. The Surgeon General is getting full support from governments worldwide. The World Health Organization (WHO) Framework Convention on Tobacco Control, which took effect on February 28, 2005, banned smoking in workplaces, bars, restaurants, and public transport.
But the real sting is the higher taxes to be imposed and the ban on advertising. The battle against cigarette smoking will create quite a stir in the tobacco industry, which supports millions of workers worldwide. The tobacco industry, which is a major source of government revenues, will do their best to protect their interests.
US Laws
In the US, stringent laws banning cigarette smoking in indoor public areas are put into effect. In California, three cities – Calabasas, Burbank, and Santa Monica are regulating non-smoking and smoking areas outdoors. This is to protect residents and tourists from secondhand smoke, which has contributed to several health issues.
In the enclosed workplace, smoking is banned. The law requires employers to designate smoking and non-smoking areas. The smoking and non-smoking signs should be prominently displayed and should be strictly enforced. Violation of the law will cost employers stiff fines.
As laws are enacted, public support is necessary to air the facts about smoking that can help the public, especially the youth, to understand the health implications of smoking cigarettes and secondhand smoke. Schools are enlisting to support non-smoking campaigns on the campus.
In Florida, USA the state will be spending $55 million to prevent teenage smoking. The strategy is to stop nicotine addiction before it starts. It can be recalled that Florida was one of the first American states to win a lawsuit against tobacco companies for misleading the public about the dangers of smoking amid warnings and facts about smoking.
Why Cigarette Smoking Should Be Banned
Smoking is a vicious habit that should be nipped in the bud before it can start. It causes a host of deadly heart and lung conditions and affects non-smokers through secondhand smoke. There are better and less known facts about smoking but the strongest argument for quitting the lethal tobacco is the early grave and the overwhelming medical expenses for cancer treatments.
Tobacco companies are targeting the youth with candy flavored cigarettes and slick packaging. Addiction can start with the first puff and continue for a lifetime with dire results. The best time to quit the habit is to nip it before it can even start.
Tobacco Backlash
Smoking kills. This is a fact, and there are emerging issues about it. Desperate tobacco companies are taking up arms against anti-smoking campaigns. According to them, loss of revenues will also affect millions of workers worldwide. Other negative developments are cigarette smuggling and dumping the tobacco products in third world countries. But should these be considered in the light of the dangers smoking exposes to the public?
Smokers are also up in arms about the violation of their right to smoke, but efforts continue to educate the public on facts about smoking – in schools, in the internet, print media, and other forms of interactive media. The debate reasons that if smokers have the right to smoke and kill themselves, they should not include the unsuspecting public.

Personal injury litigation can be classified into 2 different categories. These are as follows:
Negligence cases - These arise when the person causing the harm does not actually intend to do so.
Intentional acts/’torts’ - These are the wrongful acts of another person which entitles the injured party to seek damages through the court.
This article is about the second category, that is, the intentional ‘torts’. (“Tort” is just a fancy word used for the wrongful act committed with an intention of causing harm to the other person.)
An ‘intentional tort’ is the one that arises when a person “intends to commit the wrongful act” and ends up causing injury to the other person. Even if the injury suffered is far more than what was intended, a case can be filed by the injured against the person causing harm.
However, since most of the insurance policies do not cover the intentional wrongful acts, it can be really difficult to obtain a legal compensation from the person who commits an intentional tort.
There are two possibilities that arise:
Injuries can result from the acts of more than one person
Multiple causes of action might arise from the same act(by one party)
Thus, there is a big difference between the negligence cases and the intentional torts. To explain this, let us take the example of a daycare center employee who has been given the duty to provide adequate supervision of the premises and to ensure the safety of the children. In this case, if the employee, himself, harms or molests a child, his act will be considered as an intentional tort.
On the other hand, if he just allows strangers in the premises who end up causing harm to the children, the daycare center's conduct may support a legal cause of action for negligence.
Following are the most common intentional torts:
Assault and battery
Child abuse or molestation
Defamation of character
To conclude, most of the criminal acts support a lawsuit depending upon the intentional wrongful conduct of the criminal.

Personal injury litigation is categorized into two classes, negligence cases and intentional torts. Apart from these, the workplace injuries are also taken into consideration.
People who get injured at work are entitled to take legal actions against their employer or their co-workers. At the most, they can claim for what is termed as “worker’s compensation”. Depending upon the situation and the cause of injury, the injured person is also entitled to file a case against the “third party” that includes the owner of the premises where the injury occurs, manufacturer of unsafe machinery, another employee who causes the injury, or the company in which the employee works.
For instance, if a person gets accidentally hit by a forklift that is driven by a fellow employee, he is entitled to claim and recover the "workers' compensation" benefits.
On the other hand, if the forklift that causes the injury is being driven by an employee of a different company, the injured person is entitled to recover additional money from the driver and his employer in order to compensate for the damages done.
If you are injured at work, it is strongly recommended that you should get your case evaluated by an attorney specialized in the personal injury law. This will help you ensure that you will receive the entire workers' compensation benefits that you are entitled to obtain. Let your lawyer know if at all you have a claim against a ‘third party’ for the injuries that you suffered.

If you are injured at work, it is strongly recommended that you should get your case evaluated by an attorney specialized in the personal injury law. This will help you ensure that you will receive the entire workers' compensation benefits that you are entitled to obtain. Let your lawyer know if at all you have a claim against a ‘third party’ for the injuries that you suffered.
If, unfortunately, you or your loved one gets injured as the result of somebody else's action, it is your legal right to claim a suitable compensation.
When someone causes harm to you unintentionally, a reasonable compensation amount for the damage caused is expected from that person. You also expect the insurance company to do the right thing and offer a fair settlement. But, to your disappointment, this rarely happens and no compensation is offered to you by anyone!
Almost every time, the people responsible for your suffering refuse to take the responsibility for his action. As a result of this, the insurance companies profit from the under compensating injury victims! So, you can never expect anything from an insurance company until and unless the person responsible takes the responsibility!
The layman or the non-lawyers are not aware of the legal rights and the remedies that they possess. The Insurance companies and their lawyers who know the governing law backward and forward take advantage of this very fact and gain profit.
It is, therefore, necessary to consult an experienced personal injury lawyer specialized in this field. It is only this person who knows how to build your case, how to negotiate it with an insurance company, and how to take your case to trial, if necessary!

You can, no doubt, negotiate your claim with an insurance company yourself in order to avoid the cost of hiring a personal injury lawyer. But, the insurance companies and their lawyer are very well aware of the fact that you do not know the legal statements about your legal rights and remedies. They, therefore, try to do everything they can to take advantage of you and to effect the lowest possible settlement.
In case you decide to sue, they might even attempt to elicit statements from you that will damage your position.
On the other hand, a personal injury lawyer can help you obtain a favorable settlement. The amount that you will get as compensation for the damage done will certainly exceed the attorney fee.
Personal injury lawyers, generally, accept personal injury cases on the basis of what is known as the "contingency fee". Contingent fee implies that if they win your case, a percentage of the award received should be given to them as their fee. On the other hand, if they lose, no attorney fee is given to them.
Most civil litigation settles short of trial. Therefore, you can get the issue of cost clarified by your lawyer. But, do bear in mind that the attorney fee is different from costs associated with your case. That is, filing fee for your lawsuit is not deducted from the attorney fee. Generally, the attorney contingent fee varies from state to state. However, in most of the states, the contingency fee is between one third and 40% of the compensation received as a personal injury award.
Besides, in case of workers' compensation, attorney fee is tightly regulated and is lower than what is charged for regular personal injury matters.

To understand what District Court records are, you first need to get an understanding of what a District Court is. Often times, official sounding terms/names like this can confuse, or worse, intimidate folks into not trying to access District Court records online. You don’t want to miss out on the valuable information you can glean from these records, so let’s simplify everything for you.
Here in the United States, there are two types of District Courts. The first, and most common one, refers to a Federal Trial Court that serves a specific judicial district. These are called United States District Courts. These District Courts have jurisdiction over federal issues such as interpreting federal law and they handle cases that involve federal crimes and/or statues. Obviously, obtaining access to District Court records would be extremely valuable to any record check you would be conducting.
The second type of District Court is merely a specific level of State trial Courts. Most States don’t use judicial districts and they don’t name them District Courts. Some States do, however, so it’s important to recognize this fact when you are attempting to find District Court records.
Okay, so now we understand what District Courts are. But what exactly is a District Court record?
As with all Court records, a District Court record is simply the recorded documentation of any Court proceeding. That means that any paperwork filed in Court or any cases that come before the Court is recorded. Most all Court records are considered public information which means they can be accessed by anyone, including you.
What does all of this mean to you?
Obtaining Court records is, hands down, one of the most powerful tools you can use to find out information about anyone you might be dealing with. And federal District Court records can be the cream of the crop.
Seriously, wouldn’t it be great to know if your accountant was involved in racketeering? Or if the popular third grade teacher was involved in a Child pornography ring on the other side of the Country? The uses are endless.
How can you find District Court records online?.
Simple. You can do a search online for companies who provide District Court records. There’s a ton out there. But, use some caution.
Many companies only provide an overview of the Records, not the full details. This can be a huge pain in the neck and cause you a lot of wasted time and money.
What should you do to make sure you are getting the full details of District Court records?
You could do extensive research on each and every company you want to use. Thoroughly read through all the information on each web site and email them with any other questions they haven’t answered. It’s time consuming and sometimes frustrating waiting for answers, but at least you’ll know you’ll get the information you deserve instead of just small fraction of it.

You’ve found a lawyer that you like. He or she seems incredibly intelligent and knows the law backwards and forwards. Now you need to decide on one thing: How can I utilize this person’s skills to defend me on a criminal charge?
Understanding both your role as a client and the attorney’s role as your lawyer is necessary in order to present the best defense possible on a criminal charge.
Your Attorney’s Job: Teaching, Negotiating, and Litigating.
People unfamiliar with lawyers might be surprised to find that the majority of time lawyers spend with their clients is spent teaching. The mark of a good lawyer is the ability to explain even complex legal arguments in a way that you understand. Anyone who faces a criminal charge must understand what the elements of the crime are and what evidence the Prosecution has to support those elements.
Your lawyer needs to be a good negotiator. It is a common practice for Prosecutors to offer a less serious charge or a favorable sentencing recommendation to a Defendant in cases where the evidence is weak. In certain cases, a prosecutor may offer a lesser charge to someone with no criminal background. Negotiating is not a one time, winner takes all, event; rather it is a continuous activity until the case resolves –this means all the way up to trial and sometimes even in the middle of trial.
Your lawyer needs to be a good Litigator. In the context of a Jury trial, the need for a good litigator is obvious. He or she will need similar skills prior to trial, since many criminal cases have legal questions that need to be answered by a Judge. For example, will a particular statement be allowed into evidence? The process of asking the Judge for an answer is called a Motion Hearing. The outcome of a Motion Hearing can be critical to your case. Some Motions, e.g. a Probable Cause Motion, can determine if your case gets dismissed before it even reaches trial.
The Defendant’s Job
You are the one that has to live with the consequences of your decisions, so your job is to understand what your choice are and the ramifications of those choices.
In order to understand your choices, you need to ask questions. Never feel shy about asking questions, it’s your attorney’s job to make sure you understand everything. A good Lawyer will be able to answer the majority of your questions up front; probably when they explain your options to you initially. It’s easy to become over loaded with information during your first or second meeting, so don’t be afraid to write your questions down ahead of time.
Generally speaking, there are four choices in any criminal case: First, pleading guilty to something. Second, pursuing some form of alternative resolution. Third, whether or not to file Motions. Fourth, whether or not to go to trial.
Pleading guilty can mean several things. You could plead guilty to the charge as is. The only real issue is whether you and the prosecutor can agree on a sentence or not. If the Prosecutor has offered a lesser crime, you could plead guilty to the amended charge. This new crime may, or may not, be something you are actually guilty of – but since the consequences are less severe than the original crime charged, it might be agreeable to both sides. You could plead guilty using an “Alford” plea. This is where you state up front that you do not believe you are guilty but you are going to plead guilty to take advantage of the Prosecutor’s sentencing recommendation. In an Alford Plea, you must also agree that there is a substantial likelihood that a Judge or Jury would find you guilty if the case went to trial.
In less serious criminal cases, there may be alternatives to either Pleading Guilty or Going to trial. For example, in some misdemeanors, the law allows a “Compromise of Misdemeanor” where the Defendant and the Victim agree to settle the matter between themselves. You can often see this in Third Degree Theft cases such as shoplifting. The shoplifter agrees to compensate the store owner and the store owner agrees that the criminal case can be dropped. There are other examples of this such as a Pre-Trial Diversion Agreement. In a PTDA, the Defendant agrees to do (or not do) certain things and if he or she complies, then the case is dismissed. Unfortunately, alternative resolutions are not available in every case.
In many criminal cases, there are legal questions that need to be answered by a Judge. The most common questions involve whether or not the Prosecutors can use a piece of evidence against a Defendant. Examples can include: Statements, Test Results, or other Physical Items.
Either Party can ask a Judge to rule on whether or not something will be allowed into evidence. This is generally done at a Motion Hearing. As a Defendant, your job is to understand what’s at stake during the Motion Hearing and whether or not there are any risks in having the hearing. The outcome of a Motion Hearing can range from having no impact on your case all the way to requiring a dismissal of the charges against you.
The final arbiter of justice is the Jury trial. Whether or not going through trial is worth it in your case is something you have to rely on you lawyer for. The outcome of a trial is easy: you either win or you loose. If you win, then the case is over and you are done with Court. If you loose, Judges tend to give a little more jail and a little more in fines over what you would have gotten if you had simply plead guilty. Whether a Judge would do that in any particular case depends on how things went at trial. If you had good arguments but the Jury found you guilty anyway, a Judge can take that into account when pronouncing sentence. I have certainly had cases where we went to trial and lost, but my client ended up with a better sentence than he would have received had he pled guilty up front.
Risks
Talking with an experienced, aggressive lawyer can remove an incredible amount of stress. It can also create a problem: The temptation to let the “professional” handle your case. Don’t fall into this trap. No matter how smart or well educated your attorney is, he or she will not be able to get you the resolution you want if they don’t know what it is. Your lawyer will be counting on you to keep them informed of your needs and desires as much as you will be counting on your lawyer for good advice.

Attorney advertising is everywhere--in the phone book, on the internet, in magazines, on television, and in every other type of media imaginable. Personal injury attorneys obviously account for most legal advertising. In fact, personal injury attorneys probably account for more popular media advertisements than all other types of lawyers combined. In an odd twist, however, most good personal injury lawyers (the ones with lots of trial experience and good reputations among the bar and with judges) have little need for expensive advertising. They don't need to advertise, because clients are referred to them. On the other hand, lawyers with limited trial skills who advertise heavily and give the impression that they are experienced saddle the legal profession with a bad name. They are the ambulance chasers.
The main problem with personal injury attorney advertising is that it is too powerful, which is not a new idea. The United States Supreme Court has ruled that attorney advertising can be so powerful as to warrant restrictions on its use, despite free speech guarantees in the federal Constitution. Indeed, every state bar association of which this author is aware places restrictions on attorney advertising to curtail its persuasive effect. But the fact that so many injured people continue to hire advertising attorneys is evidence that restrictions on advertisements are not working. Courts and bar associations are unlikely to place additional restrictions on advertising attorneys, so what else can be done?
This article attempts to do two things: (1) expose advertising attorneys and the personal injury industry and (2) educate the general public on how to find ethical, experienced, talented, and proven trial attorneys. But exposure of the industry and educational materials will be valuable only to the extent that they are not "drowned out" by the work of advertising attorneys. The point of this article is to provide much needed information to injured people in need of excellent legal representation--people who almost always miss the ramifications of hiring attorneys who are heavily advertised.
When attorneys advertise on television, in the Yellow Pages, or in other mediums, they incur high overhead expenses. In addition to high marketing expenses, advertising attorneys hire additional employees to answer phones, screen potential clients, conduct intakes (or "free consultations"), gather client records, and manage a large number of cases. As a result, advertising attorneys are under tremendous pressure to generate cash for payroll and advertising expenses.
The pressure to generate cash flow forces advertising attorneys to settle cases quickly. These lawyers are reluctant to take cases to trial, because trial can be a long and expensive process. Here's the rub: Insurance companies and defense attorneys know which personal injury lawyers are willing to take cases to trial and which ones have a reputation for settling cases quickly. As a result, insurance companies often "low ball" advertising attorneys. Advertising attorneys, in turn, are forced to recommend that their clients accept less than fair value for their claims. Most clients are easily persuaded to take what they can get, and the cycle continues.
On rare occasions, a client may simply refuse to settle. Advertising attorneys often refer those clients to skilled trial attorneys. At this point, it's important to distinguish between types of attorneys. Advertising attorneys are skilled marketers who spend time learning how to sell their services via advertising. An experienced trial attorney, on the other hand, is an expert advocate who spends time developing and honing trial skills and maintaining a good reputation with the local bar association. These attorneys are respected by insurance companies and defense lawyers alike, because they are not afraid to file suit and follow through with trial, which adds value to settlement offers out of the gate.
Now that advertising attorneys are exposed, here's how you can find a battle-hardened, ethical, and talented trial attorney:
Begin your search with an elite organization or association of trial lawyers. The American Board of Trial Advocates is a good example. Seek attorneys who hold leadership positions in this and other associations of trial lawyers.
Research attorneys on the bar association website for your state. Look for attorneys who are board certified in civil trial law (or in the specific field for which you need a lawyer).
Research attorneys on their personal or firm websites. Look for the jury verdicts obtained by the attorney you're considering.
Ask friends, family members, and other attorneys for personal recommendations.
Ask lots of questions at your consultations with attorneys. Make sure the attorney you're considering has handled a case similar to yours and ask about the outcome of that case. Let the attorney know that you're not asking for or expecting a guaranteed result for your own case. Also ask about the number of cases the attorney takes to trial each year and the percentage of cases that settle out of court. Here, you're looking for an indication that the attorney is willing to abandon settlement negotiations if they're not going well and proceed to trial.
Do not begin your search with the phone book or by calling an attorney advertised on television. Only call an advertising attorney after you've done your homework and determined that he or she is well qualified to handle your case and willing to take it to trial if settlement negotiations are unsuccessful. One final word to the wise, attorney referral services often simply rotate the attorneys they recommend. If you are referred to a personal injury lawyer by a friend, family member, other attorney, or referral service, you still need to do your homework.
Armed with this information, you are much more likely to find and hire an attorney who can and will add value to your personal injury case. Good luck!

The truth is most online investigation services on the internet that claim to offer a free criminal background check do not always deliver on their promises. They are just using a marketing tactic to attract potential customers. Many services just automatically generate a response based on information you placed in their online search form. The only information you get is what was automatically generated. You will have to purchase the service for the full report.
Isn't this deceptive? Well it can be. Its a marketing angle for sure. Many services use external databases to conduct the real search and do not really own the databases themselves. You can usually tell which online investigation services generate automatic responses by placing in an unreal name into their search form. Search for an odd name like Peanut, last name Butter. If the search returns a match, its most likely they never conducted a real search.
Even though their potential customers are looking for a free criminal background check, they are likely to buy knowing the information they want is right in front of them. If you decide to use an online investigation service that uses this marketing tactic, make sure they have a money back guarantee so you can get fully refunded if they really do not have the records your looking for.
If your lucky to find a real service that offers a free criminal background check, they usually only provide basic information. You will have to purchase or upgrade for more detailed records. Basic information on a person isn't ideal for employers or people who want the full truth about someone.
Instead of searching for a free criminal background check, your better off searching for an inexpensive alternative. There are many inexpensive services on the internet that provide detailed background checks. In fact, many private investigators or private detectives use these same services then charge their clients $200 - $300 for the same information.

Did you know you can find out a ton of information about a person by checking court records online? It’s true and it’s one of the best ways I protect my family. Here’s why:
Court records are the recorded documentation of any judicial or Court proceeding. In other words, any time anyone has to go to Court for anything, or even files paperwork in Court, EVERYTHING that happens in or through the Court is recorded. Arrests, divorces, bankruptcy, births, deaths, driving offenses, real estate and some types of family matters are just some of the things that go through Court proceedings and are recorded.
You can get names, ages, addresses, the nature of the proceeding, all the details of the case, and much more, through court records. But if you’re like me, you’re probably saying to yourself “Wow, I can see how having access to all that information to protect my family is great, but can‘t I get in trouble? I mean isn't there some type of privacy law or something that prevents me from checking court records of other people?” That’s a good question and the simple answer is no, you can‘t get in trouble. Let me explain why.
Although access to some information can be restricted and laws do vary from State to State, the general rule is that unless the person is a minor or the Judge has sealed the record for some other reason, court records are considered public information. That means they are available to everyone, the entire public and that includes you. Something else to keep in mind is that if there is a law or restriction in a certain area or State, you simply won’t be able to access the information period. So, no, you’re not going to get in any trouble by checking court records online.
“Okay, that‘s great! But exactly how do I protect my family using this information?”
There are literally hundreds of ways you can use Court records to protect your family. Obviously, there isn’t room to go over all of them here, so I’ll give you just a few examples of how I have used them and then you can let your imagination do the rest.
I have gotten virtually instant answers to questions such as: Is the person my son or daughter dating really divorced? How much are they paying their ex-spouse? Are they hiding the fact they have children? Have they been arrested ? Were they Court ordered to attend any type of domestic violence counseling? Are they a safe driver or have they been in Court for driving offenses?

Imagine your daughter or son has just brought home their new boyfriend or girlfriend. They are absolutely ga-ga over them but something rubs you the wrong way and little red flags start popping up.
Being the good parent you are, worrisome questions start entering your mind. Is this person a criminal? Have they been arrested before? Will they hurt my daughter/son? Will they get them to unknowingly help commit a crime? Does this person do drugs? Do they deal drugs?
What do you do? How can you get these questions answered?
Fortunately, there is a powerful way you can protect your family. It’s called a Criminal Court Record check.
Criminal Court records are the recorded documentation of any Criminal Court proceeding. In other words, once a person has been arrested, everything that happens in or through the Criminal Court is recorded, documented and kept on file. These records contain a boat load of information such as the actual charges the person was arrested for, when they were arrested, the names, ages and addresses of other people involved and the sentence the person received.
Are there any restrictions? Is all information available on every single arrest? State laws vary and some information can be restricted, such as when the person arrested is or was a minor child at the time of arrest or if the charges were dismissed or the person was found not guilty after trial. Also, in some States, the victim information is restricted for privacy. Generally, however, criminal court records are considered public information and are available to everyone.
Okay. Now you know that a Criminal Court record check can get you the information you need to answer those important questions about your daughter or son’s new boyfriend/girlfriend, how else can these records be used to protect your family?
A Criminal Court record check can be done on just about anyone. Looking to hire a nanny or daycare provider for your little ones? How about a driver? Is he safe, or has he been convicted for driving under the influence of alcohol or drugs? Considering a tutor? Is your husband or wife’s boss harassing them? You want to know about these people. You want to make sure they are safe to be around your family.
How do you go about doing a Criminal Court record check?
One way is to go to your local Criminal Courts, fill out some paperwork and pay a fee. As you probably guessed, this can be time consuming and a general pain in the butt. Where I live in upstate New York, there are nine different Criminal Courts representing the nine different Townships within my County. Yikes! That would take forever. Other problems, such as if the person was arrested someplace other than where you live, can prevent you from getting accurate information too.
Hands down, the best way to get accurate information fast, is to do a Criminal Court record check online.
This gives you nation wide access to Court records instantly. No muss, no fuss, no waiting. It is the ultimate way to protect your family.

Every once in a while, we get a call from a prospective Florida probate client who spends about 20 minutes explaining who inherits under the decedent's Last Will and Testament, only to finish by saying but I only have a copy of the Will.
That IS a problem.
Under Florida Statutes, the custodian of the Will must deposit it with the clerk of the courts in the county where the decedent resided within ten (10) days of the date of death. This is the legislature’s attempt to keep people from losing it! The reality is that many Wills don’t make it to the clerk’s office until someone wants to put it through probate. Additionally, note that while a decedent may have left an estate in Florida (i.e. owning some land in Florida) but did not actually last reside in Florida (domicile), then the Will should be deposited in the appropriate (out of state) county.
Can’t find the Will? Here are some ideas:
1. Many clients choose to have their Wills held by the attorneys who prepared them. Look on the copy of the Will that you have to see if there’s any indication of who prepared it. If you find an attorney’s name, call them (you can look up Florida attorneys here. Additionally, if the Will was prepared out of state, try Terry Berger’s handy site which will help you look up out of state attorneys.
2. Check to see if there is any indication that the decedent had a safety deposit box wherever he or she did their banking. Note that some banks keep this information very confidential.
3. Going through papers in the home office? Always check unmarked folders or envelopes. I suppose some decedent’s thought it would be genius to put the Will in stealth packaging so no one could find it and doctor it!
4. Check the clerks’ office in any county that the decedent ever lived in. Some counties around the country allow you to deposit the Will for safekeeping with the clerk’s registry.
5. If the decedent last lived in an assisted living facility or nursing home, check with whoever is in charge of leftover inventory when the decedent’s room was cleared out.
6. As a last ditch effort, check the home of EVERY child, parent or sibling of the decedent. Wills turn up in the strangest places and it can’t hurt to look!
If any of these tips leads to your successful location of the Will, leave a comment and thank us! (Then contact us and we’ll help you with the probate.

Arraignment
This is your first time in Court and it’s where you are formally told about the charges against you. In the case of DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI.
Depending on Jurisdiction, you will either be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. If you’re not sure about the date or the time, call the Court Clerk’s Office (numbers are available via internet). The Court you are in is listed at the top of the citation, e.g. a citation marked “District Court” and the offense happened in Snohomish County , you would do an internet search for “Snohomish County District Court.”
Arrive a few minutes early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That’s where you need to go. If you get confused or can’t find your courtroom, ask at the Court Clerk’s office – they are generally very helpful.
Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it’s a paper, they will want you to sign your name – saying that you understand your rights.
Eventually, you will be called up in front of the Judge. Don’t Panic. This is not your time to explain what happened – there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge(s) against you and whether you want to plead Guilty or Not Guilty. That’s it.
Common sense would tell you that if you did something wrong, you should take it easy on the Court System by pleading guilty and the Court System will take it easy on you by not sentencing you as hard as if you fought the charges. Unfortunately, the Court System is not always based on common sense. In fact, you will most likely be punished worse if you plead guilty at arraignment rather than fighting the charge(s). In other words, DO NOT PLEAD GUILTY!
Once you have pled Not Guilty, the Court will ask you about whether you want a lawyer. The old cliché about “The man that represents himself has a fool for a client” is very true. If you don’t understand the rules of court and the law regarding DUI (or any other crime) you don’t stand a chance against a well trained prosecutor.
Lawyers come in two flavors: Private and Public Defenders. You do not need to have a lawyer with you at arraignment. If you are planning on hiring a private attorney, you need only tell the Judge that and he or she will be satisfied – but will warn you not to wait too long to hire them. If you can’t afford a lawyer of your own choosing then you may qualify for a Public Defender. The Court will have a series of questions for you in order to determine whether or not you qualify based on your income, dependants, etc. The downside with a Public Defender is that you have no control over who is appointed to your case. Even if you qualify and have a Public Defender represent you, you can always have a private attorney take over at any time. It’s very common for people with a Public Defender to hire a private attorney – so don’t worry, your Public Defender will not be upset if you replace them with a private attorney – they may even be relieved since it means one less case to handle.
After the Judge addresses the issue of your Lawyer, the Court will then address your release status. If you have a clean record, you will probably be released on your promise to come back. If you have a criminal record, the Judge may impose a bail or bond amount to ensure you will come back.
The Court will assign a date when you will need to come back for your Pre-Trial hearing. If you can’t make it on that date, make sure to tell the Judge about your conflict so another date can be picked. If a conflict comes up later, contact your lawyer immediately so he or she can file a motion for continuance of the court date.
You will leave with Court with a piece of paper telling you the date and time of your next court date. Don’t be surprised if this is two to three months from your arraignment date. This may seem like a long time but don’t wait – if you need to find an attorney start immediately as it may take a long time to find the one you want and to get the money together to hire them.

Criminal law is a specialized area of the law that involves complex legal information and concepts. If you have been charged with a crime, you should not consider representing yourself in court because you may miss out on critical information that could have a detrimental effect on your case.
Instead, you should work with New Jersey litigation lawyers to prepare a defense that has the best chance of helping you to retain your personal freedom. One thing that will affect how you prepare your defense is the class of crime of which you are charged. Different classifications mean different penalties, so you and your defense team should tailor your trial preparation and defense presentation to fit the class of crime you have been charged with. A crime’s class is based on the seriousness of the offense and other circumstances.
Infractions
Infractions are minor offenses that usually violate a local law or ordinance. Instead of having a criminal trial for infractions, they are usually considered to be civil offenses and are punished by administrative penalties such as fines or the loss of a privilege. You may not need an attorney for a minor infraction, but it’s a good idea to consult New Jersey litigation lawyers to make sure the case is not more complicated than it seems.
Lesser Included Offenses
A lesser included offense is a crime that has all of the elements that make up a more serious crime. For example, battery is a lesser included offense of murder because all of the same elements must be proved in both crimes. If you have been charged with a crime, you cannot be convicted of both the major crime and the lesser included offense. However, juries are able to find a defendant guilty of a lesser included offense instead of the major crime. In murder cases, the judge presiding over a case is required to inform the jury that the defendant can be found guilty of a lesser included offense. If a defendant is convicted of a lesser included offense, but not a major offense, there can be no retrial for the major offense. New Jersey litigation lawyers can counsel you and help you determine how to handle a case involving a lesser included offense.
Misdemeanors
Misdemeanors are more serious than infractions but not as serious as felonies. A misdemeanor crime would be something like writing a bad check or vandalizing public or private property. Misdemeanors are usually only punishable by up to one year of jail time, which is usually served in local jails instead of state prisons. You may also be sentenced to probation or community service for a misdemeanor. New Jersey litigation lawyers can help you prepare the best defense for your case.
Felonies
Felonies are the crimes that are considered the most heinous and are usually characterized by carrying a penalty of more than one year of jail time. The death penalty may also be applied for extreme felony cases. Felonies can include homicide, rape, and drug sales. If you have been convicted of a felony, you can lose the right to vote and to hold certain professional licenses. New Jersey litigation lawyers can counsel you on the best course of action to take if you have been charged with a felony.

The recent national surge in home foreclosures coming on the heels of the collapse of the sub-prime lending industry and decline in home values likely means additional bad news for those former homeowners who feel like they just lost everything: additional income tax liability.
Income tax liability? From losing your home? Such is the nature of the United States Internal Revenue Code.
Given the foreclosure epidemic and the huge losses to which lenders of all sizes are now exposed, many lenders are willing to enter into a variety of work-out programs with their borrowers to avoid foreclosure. Avoiding foreclosure does not necessarily mean keeping the home, however.
The foreclosure process is time-consuming for the lenders and often subjects them to the additional time and expense of physically evicting the former home owner from the home after the foreclosure sale. From the borrower's perspective, a foreclosure is a huge blow to credit worthiness and will impact the borrower's ability to finance major purchases for years to come.
Considering many lenders' goals of reducing their losses on foreclosures, borrowers have met with success recently in negotiating "short sales" with their lenders. A short sale is the borrower's reconveyance of the home to the lender for less than the amount owed on the mortgage.
For example: Joe obtained a creative home loan and purchased a home at the height of home values and during the most liberal period in sub-prime lending.
Eventually, the appraised value of Joe's home began to drop and the "creative" part of his home loan kicked-in. Perhaps his interest rate adjusted or his interest-only payments ceased and he was required to commence paying both principal and interest.
In any event, Joe finds that he cannot afford to continue making the mortgage payments and, due to market circumstances, he now owes more on the mortgage than the home is worth. In other words, he is upside down in the home.
Joe defaults on the mortgage payments and is now subject to the foreclosure process.
Applied to the example above, the borrower might successfully negotiate a short sale with his lender. Many lenders are now accepting a reconveyance of the home and forgiving the remaining debt exceeding the value of the home.
In the example, Joe may have purchased the home for $300,000. He has made interest-only payments on the loan for a year, but due to the recent slump in the market, the home is now worth only $250,000. He still owes $300,000 on the mortgage. The lender, therefore, may accept a reconveyance of the home - in essence a $250,000 payment - against the $300,000 debt.
The sale is "short" because the value of the home does not cover the amount of the mortgage. The lender may forgive the additional $50,000 owed by the borrower in order to avoid the foreclosure process, or to avoid litigation expenses in pursuing the borrower for the deficiency balance, and essentially cut its losses.
For the borrower, he avoids foreclosure and its ramifications to his credit, as well as facing a likely judgment for the amount still owed on the debt.
The hidden drawback here, though, is that the tax code treats Joe's debt relief as income. By being relieved of the obligation to pay $50,000, the IRS considers that Joe has in effect put $50,000 in his pocket.
The debt relief is subject to ordinary income tax. Joe may not even know of his additional tax liability until he receives an envelope in the mail from the lender containing a 1099 form reporting the debt relief income to the IRS.
The same result may follow if Joe simply walks away from the home, allows foreclosure to proceed, and then the lender elects not to pursue Joe for collection of the deficiency balance on the loan.
The ripple effect of the sub-prime lending market over the past couple of years has yet to reach its full effect. Individual homeowners must be wary of all consequences of divesting themselves of the homes they purchased in that market.
While financial planning might be the last thing on a borrower's mind when he or she faces the harsh reality that the home will be lost in some way, the unforeseen consequences of a foreclosure or short sale can only be addressed through the sound advice of a tax professional, CPA, or, at the very least, the IRS website.
Of interest to us lawyers, however, is the approach the IRS will take to the likely spate of litigation that will proceed, alleging that these borrowers, now facing additional income tax liability through the loss of their homes, should not be responsible for the 1099 income tax burden, by virtue of alleged fraud or misrepresentation on the part of the sub-prime lenders.

Just exactly what kind of public record are you looking for? Are they public record offered by governmental agencies? There are many public record out on the internet. They vary from the type of public record you may be looking for.
The problem with finding certain public record is that, many of the websites offering these so called FREE public record are in fact with fee. Yes there are governmental websites offering public record such as birth certificate information, public record on criminal history and some public record on education verification.
The key is where do you begin searching for public record. I guess you can go on the search engines and use the keyword phrase “Public Record” but where does that really get you. If you are looking for court records, then maybe you should be using that as a keyword.
Finding the right information on the internet is very time consuming and can cost you hours of time. Spending all this time looking for a public record can still lead you to a dead end. What you are actually doing is conducting a background check using public record.
Our public record database has over 10 billion public record information, including utility bills, school records, licenses, criminal information and many more. Chances that what you are looking for lies just a click away. Before you spend hundreds hours doing your research, try our background check service to find that public record you are looking for.

If you have never written a legal document before, you may find it quite difficult – not to mention scary – to compose legal documents such as contracts, memos concerning legalities or wills. It can prove to be scary, since there are legal terms that you may unknowingly use incorrectly if you have no sufficient knowledge of its meaning, and writing an ‘incorrect’ legal document may prove to be even more costly as compared to when you ask a professional legal aid to do the job for you. However, there is one type of legal document that you can easily draft yourself, and this is called ‘Articles of Incorporation. Basically, the Articles of Incorporation will show in detail the purpose and structure of a particular corporation.
To learn about the ABC’s of creating a company’s Article of Incorporation, it is good to learn about the components which make up this document. First, the “Articles of Incorporation should state the complete name of the corporation. Words like Incorporated, Limited and Corporation could be indicated as a complete word or its corresponding abbreviation. The second most important thing to include is the name of the person or group of people who make up the organization. Aside from the names of the ‘Incoporators’ or the people behind the organization, the corporate address should also be indicated in the Articles of Incorporation. It is also crucial to state whether the organization is a stock organization or a non-stock corporation, as this will determine how the profits of the company will be distributed. Furthermore, a non-stock corporation is sub-divided into a profit or non-profit organization. The period by which the corporation will run is also part of the legal document. In some cases, especially for a non-profitable organization, it is to exist for a limited span of time only after the corporation has served its purpose. The Articles of Incorporation can also include the by-laws or the rules which apply for all employees and officers of the organization.
You can browse through the Internet to read hundreds of samples of Articles of Incorporation documents. You can also visit your local library or consult any legal book to get more information on how to write this legal document. When creating the “Articles of Incorporation”, you need to make sure that the document is complete, concise and each article included in the document is clear and straight to the point. It should also clearly define what the corporation is as a whole. Before submitting the final draft of your company’s “Articles of Incorporation” to the proper channel, you can have it checked by a local attorney for a flat fee, just to be on the safe side and ensure that everything is in order.

What surprises most people when it comes to doing a criminal records search is that these things are usually done on a state level, and that can make things more complicated. If you are searching for someone within your own state, nothing may come up, but that doesn’t mean nothing is out there. Someone could have a record in another state, and unless you know their history, you wouldn’t know where to look.
Knowing where a person has lived in the past can greatly enhance the speed of a criminal background check. This gives you specific states to search, and that means that nothing will be overlooked. However, someone living near state lines may have records in a neighboring state when they never lived there. The search is even more difficult if you are dealing with someone who has lived in another country.
There are, of course, federal criminal records. However, many are recorded by the state. Starting with the current state of residence is a good idea, but it is only a start. There are reasons why these are not always accurate as well. For one thing, some states do not allow anyone to search statewide records. Even when they do, they can be incomplete for many reasons. Each state decides which information they record and which they do not. Some only record convictions, while others record arrests as well.
Some states have information online, making a criminal background check much easier. Others require extensive paperwork. Both generally require a fee. Some require specific reasons and authorization for such a search, and may require a bit more information like name, date of birth, social security number, and other things used for distinct identification.
So where then, does someone begin? Probably the fastest and easiest way to begin a criminal background search is online. Search for your state and see what they can offer you, how much it might cost you, and what you can expect from the search. Most states have a site online geared towards this subject. These sites often have links to other informational sites where you can run a criminal search as well.
The state of New York, for example, has a website for ‘offender search.’ When you go to this page, you will see a form for information. You can enter the information that you know on the person (name, date of birth, etc.) and see what comes up. To see how it works and what information is offered, you can try entering in your own personal information.
What will come up will be anyone that fits in the specified description. You will see names, sex, birth date, status (released or in custody), where they were or are incarcerated, and their race. This information will help you decide if you have the right person, and/or if more investigation is needed.
If you find a name, you can click on it for even more information. In most cases, you can find the offenses, where they were held, and for how long. In many instances, if you are looking for someone, chances are good they are no longer incarcerated, but they could be on parole or probation. You will also see the nature of their crime, the nature of their conviction, and when it happened.
As with the case of New York, the amount of results will depend on the size of the population, and the common nature of the name. If you are searching for Mary Smith in New York or California, you are going to come up with a lot of results to wade though. If you have an uncommon name in a state with lower population, your results should be much smaller in number.
Other states do not have the same information online. If you live in states that do not have this type of search online, you may find a form there that you can fill out and mail in to the proper place, usually located in the state’s capital city. Many states warn on their websites that incomplete forms and improper forms of payment can greatly delay the response. Double check everything before sending your request.
Remember that what each state gives you will vary. Not all report the same things, and you should be aware that a clean report might not mean there is nothing to find. It just means you don’t have access to it at this time..
While some states, like New York, offer free information online, you may not have the same luck in other states, like South Carolina. According to their web site, they prefer to do a criminal search by way of fingerprint, but they do realize that this is something that is not often possible. Each person has a unique fingerprint, and that means there is very little chance of a mistake being made when searching for criminal records.
What you might find if you are searching for sex offender records is that they are generally free, though there may be a few exceptions. This is because this information is public, and it is something that all people should have access to in order to protect their children and others in their immediate area. While this differs from state to state, in many cases, all you have to do is to provide your own information to gain access to those living near you who have been convicted of a crime against children or a crime that is sexual in nature.
If you aren’t sure where to start with any of this, you can start by searching for criminal searches and the name of your state. You can also call your state government for more information. They can tell you how you can get the information you desire, and what it will cost you (if anything). You may also be told how long it might take, and what you can expect to find and not find.
If you aren’t sure which number to call, look in your local yellow pages for government numbers. Find the government agency or representative that seems to be the most promising and give them a call. If they can’t help, they can probably tell you who can.
If you are not satisfied by what you are getting on a state level, you can always search by county as well. As with states, some will give this information for free, or for a fee that is very reasonable. If you are sure of county of origin and current residence, you may not have to call the state. This will depend on the county of course, but it can also be a good starting point, especially if you live in a state with a high population and you know the person in question has always lived within the same county.

When faced with sending the odd email or letter abroad in a foreign language, we can generally handle the translation well enough (or one of our colleagues can).
When faced, however, with any form of legal correspondence, without doubt, a top notch professional translation will be required or you run the risk of your credibility sinking faster than the Titanic.
The difficulty in translating a legal document is that it is couched in its own terminology that is very often undecipherable even in English. An even greater hurdle to translation lies in the history and development of our law, which is developed from a system of judicial precedent rather than from an origin in Roman law, common throughout most of Europe.
Judicial precedent is where judges make a certain decision in a case and should a similar case be brought forward, and the facts of the case are materially the same, then the ruling of the previous decision will be followed.
Some of these judge-made legal precedents are binding, others are merely persuasive…ratio decidendi and obiter dicta.
Ratio decidendi means literally: the reason for coming to the decision. It forms the statement of law upon which the judge based his final decision…this part of the judgement could form a binding precedent.
Obiter dictum means: other things which were said. They are other statements of law that were mentioned, but did not actually form part of the final decision. Obiter dicta are not binding, but may provide assistance to future judges if they are relevant…they are a persuasive authority.
Our system of Common Law and Equity developed from these judge-made precedents. Over time, these accumulated judgements were codified into Acts of Parliament and the role of judges was to interpret these acts if they were not clear or did not specifically cover the material facts of the case in hand.
You will already have been more than aware that the law is very complex and perhaps with this brief explanation of the underlying principles, you can see that our law is based not only on codified acts, but that one must be aware of the spirit of the law to fathom or convey its true nature.
Clearly then, when faced with having to convert an English legal document for use abroad, or when having to decipher a foreign legal missive, what is needed is a professional translation that will not only convey the meaning but also the true spirit of your document.
This kind of expertise is not at all common, requiring not only superb linguistic ability but also a keen knowledge of the principles of English and International law. To trust your legal transcripts then, to any translation company just on the basis that they can perform a linguistic conversion, is tantamount to letting a child read a Dostoyevsky novel and expecting a lucid summary of the underlying message.
There is an old saying, used when the law leads to a ridiculous decision; “The law is an ass” If you don’t get yourself the right professional translation company there’s every chance that you could be left looking like one too!