legal advice

Conducting Background Check - The Easy Way

2008-10-05T06:13:00.001-07:00

Background check was formally used by employers only. It was used to check out applicants in order to get the right employees - assets and not risks. Of course, who on earth wants to have deceivers or criminals on their workplaces, so they typically conduct search.

Due to the increasing crimes and lots of frightening events that happen each day, more and more people prefer to conduct background check on people they just met and to those who they will deal with, either personal and business deals. Actually, it is better to be safe and secured than to be victims of crimes, so conducting background check is not a bad idea, in fact, it is a great idea, especially that you will obtain lots of information by it.

In conducting background check, you do not have to go to government agencies for records; you can now perform your search through the internet. With the modern technology, you can surf almost anything over the internet. If you are looking for information, products and services, you can have it over the Net.

That is the reason why, there are growing numbers of websites that offer background check. Knowing that there are heaps out there, you must at least provide few of your time finding the right website that can allow you to have what you are exactly seeking for.

Factors of Conducting Background Check

2008-10-05T06:13:00.000-07:00

These days, background checking could be a very helpful tool in our everyday lives. Even for home-based usage like for a dad who's checking on your daughter's suitor or parents who wants to get the right babysitter for their child. Background check could be one of the safety measures a person would do. Most commonly, background checking is used on obtaining a person's information like if you are a businessman planning to open a partnership or corporation, an employer who wants to check on your applicant or employee.

With modern technology nowadays, you can perform background checks to people without leaving your home. Through internet connection, you can already have an access to persons' personal information such as public records, criminal records, court records, marriage records, and many more, without needing to spend much and get to several government agencies and other resources just to get what you need. But, of course, lots of things have to be considered also upon using internet searching. Factors of conducting background check include fast and easy ways, checking out the fees to be charged, most importantly, its efficiency.

Seek For Reliable Background Check Online

2008-10-05T06:12:00.002-07:00

Free background check is what most people are looking for; they find ways on how to do it without any charge. In reality, most people go with freebies, who on this earth doesn't go with free stuffs.

Actually, you can do background check and get free information if you visit several government agencies. Of course, you need to submit written request, fill up forms, fall in lines and wait for hours in order to get the records you need. Typically, if you just think about it, this is not for free; imagine on how to come up with the records, you need to gas up and drive, and there will also come to a point that they will ask small amount for administrative task they provide you. So, this method is not totally free and also think of the time and effort that you need to provide.

They are people who seek free background check online. As you go online, you will really find sites that claim they are offering free services, but as you go through the process, you will end up being directed to expensive search services.

How Can You Really Fight a Speeding Ticket?

2008-10-05T06:12:00.001-07:00

If you have received a speeding ticket there are chances that you have felt dejected. Many you were going to work in a hurry or possible had to reach college in quick time and were speeding on the way. Irrespective of what the circumstances were a speeding ticket does not reflect well on your driving record. However at times the speeding ticket may be completely unwarranted and one can receive it for no fault of yours.

Say one day you were driving across a certain road and you loved the picturesque scenery all around while driving in your car completely lost in the pleasure of driving. Nothing bad, you did not cross the limit. In a week time you were given a ticket.

A "Ticket", yes a ticket none the less. At times authorities lack the vision and want you to pay for it. What will you do now? Are you up for paying it? Well you may go ahead and pay or may be you will not and fight.

Well these are only two options you can have. There are good chances are that you will end up in paying for it. However one must note that often courts do not pay much attentions to ticket that contains error of any sort for example, unregistered number, color, model of the car, or misspelled name on it. Generally people think it a wise step to pay rather than getting embroiled in legal hassles. But they forget that these are actually the shady means by which the government earns money. So how does one fight back?

• Know your rights. Ask the prosecution about the police report and the witnesses' testimonial. If they are not present then chances become stronger that you will be exempted from the fine.

• Present your side of the story in details and respectfully. If you are fined then choose the option of paying to the charity. This sometimes helps in lessening the amount of fine.

• If you are not satisfied, then appeal for the trial. In no circumstances court will let this happen.

If you have ever been affected from such an injustice, then you can take the professional help from Non governmental organizations (NGOs), which work especially for causes like this. These NGOs will listen to your grievances and provide the legal advice against such injustices. You might get to hear from persons of those organizations, who have faced what you are facing now. They do narrate their cases and the measures taken to prove the fault of Officers who wrongly ticketed them. Logically speaking, hiring an attorney for a wrong ticket will definitely cost you higher.

However you should not give in to the wrong tactics of the authority. There has been case when the people who even do not know to drive got the ticket. Can you imagine such thing happening to you? Strong possibilities are there. You can also surf the web to check the comments and opinion of the general public and professionals. Last but not the least; if wrong actions are not challenged they get perpetuated; so as honest citizens we should always strive to set system correct and ensure that innocents drivers are not victimized.

Should I Negotiate With a Collection Agency?

2008-10-05T06:12:00.000-07:00

Unfortunately, I receive calls from clients who ask this question AFTER they have already begun negotiations with the collection agency. For the most part, as you might guess, I believe that the answer to this question is no.

We first have to take a look at what the collection agency is. There are generally two kinds of collection agencies: 1) Those that work as in-house collectors for a specific company or companies. Their goal is to recover the delinquent amounts due for their parent company; and 2) Those that purchase delinquent debt for the sole purpose of collecting funds for themselves at the highest rate possible.

Negotiation with a company that operates under foundation number 1 above may often be beneficial. It is very likely that the collection agency will have, or can get, all of the pertinent information that is necessary to prove a case against you in a court of law. In that scenario, negotiation may be beneficial as the case against you may be strong. Negotiation may truly be a way of saving yourself a decent amount of money.

Negotiation with a company that operates under foundation number 2 above is often a mistake. There are a number of reasons why I make that assertion so I will briefly explain a few of them.

The most important reason that I would not negotiate with one of those companies is that they very likely will not be able to prevail in a court of law against you unless you admit to all of their allegations. In my experience, I have found that the lawsuits filed by these agencies (among them are LVNV, Unifund, Palisades, Portfolio Recovery to name a few) are generally legally insufficient. They lack a number of required items, such as the signed contract, the monthly statements, the terms and conditions of the alleged account, and so on.

These lawsuits typically also fail to prove that the company actually has the right to sue you. While it is legal for a company to purchase an account and then file a lawsuit on that account, I have found that many of these agencies fail to include the documentation proving the sale of the account to them with the lawsuit. That failure makes the lawsuit fatally deficient, if you properly assert your rights thereunder.

The question that I pose to my clients is "why would you negotiate on a claim that is legally insufficient"? Obviously, every once in a while, these agencies do come up with all of the necessary information and do have a legally sufficient case against you. In that circumstance, I would submit that negotiation may be in the best interests of all concerned parties. Otherwise, my stance is to defend these claims to the fullest.

Internet Business Scams - How to Avoid Getting Scammed When Looking For a Make Money Opportunity

2008-09-07T09:58:00.004-07:00

When looking to join a home base internet business online how can you be sure that which opportunities are scams and which are legitimate. Scams are scattered all over the internet and exceed the number of genuine business many times over, but how can you distinguish and what to look out for before joining a business? In this article, I will show you some points you should know before you incorporate with a home base internet business opportunity.

Beware of the hype and fake testimonials of a business website which purpose is only to get you to buy their product or service in order to make money out of you. Look for the negative point of a business, a genuine business should has a few 'con' but should not exceed the 'pro', nothing is perfect in this world. If a sales page is full of hype and positive elements, probably the owner is making an outrageous claim which makes the opportunity look like a fraud.

Do not trust those testimonials on the sales page. Many are positive feed backs but I have never seen a negative one. Do not accept them unless you can get the references from the customers who have purchased the opportunity product. Contact them to verify their testimonials. You should consider this before you decide to purchase any business opportunity.

Try to search for the business representative or owner's customer support email apart from questioning about the business they are offering. The quality and honesty of response can give you a clue about the company or product. If a representative is unwilling to give you any respond or being denies which will raise more questions, I suggest you to stay away from them and look for a more supportive mentoring.

Above mentioned methods are the best ways to scrutinize your business provider in order to stay clear and never get conned on the internet ever again. Make a wise choice and never jump in to a business venture before you do your homework by investigating the company in more detail.

Family Law Attorney

2008-09-07T09:58:00.003-07:00

In any modification of child support there must be a judge to approve and legally enforce the order. The custodial and non custodial parent cannot legalize any agreement when modification for child support is involved without any judge. In any change of agreement the court must be requested to hold a hearing in which each of the party can argue the pros and cons of the proposed modification. In such hearing, both parties need to be represented by their lawyers like the Detroit family law attorney. In general, the court will not modify any existing order unless the parent proposing the modification without showing any changed circumstances. This rule encourages stability of arrangement and helps prevent the court from becoming overburdened with frequent and repetitive requests.

This means that there must always be a Detroit family law attorney in settling modification of child support. The custodial and the non custodial parent must learn how to respect the decisions of the judge or the law that is enforcing this rule. Modification maybe treated as temporary or permanent depending upon the changed circumstances to be submitted by the custodial parent. A child's medical emergency and the payer's temporary inability to pay, like for instance, because of illness or an additional financial burden such as a medical emergency or job loss or temporary economic or medical hardship on the part of the recipient parent are some of the circumstances that can be modified as and treated as temporary.

When the parties involved seek the assistance of a judge through their Detroit family law attorney in determining the child support, the non custodial parent can submit some changed circumstances that can be considered as permanent modification and will he or she can avoid some future problems that might come out. Some of these circumstances include situations such as if either of the parents receives additional income from their remarriage, changes in child support laws, and job change of either parent or change in the needs of the child. All these can be taken into consideration to modify permanently the child support of the child. A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time, or again, because of some changed circumstances.

In settling disputes regarding child support modification either permanent or temporary there is always a need of a Detroit family law attorney to approve and enforce any agreement that will take place between the custodial and non custodial parent or to any parties involved in that agreement. Without approval of a judge this will be null and void and may cause future problems for both parties that may affect the children involve.

Free and Paid Background Checks For Your Business

2008-09-07T09:58:00.002-07:00

You will find many companies online that offer free background checks on their websites. Background checks used for employment reasons often require accurate data. Free background checks are possible, but you should consider using a quality criminal background check company that requires a nominal fee. This is because the free background check companies often do not verify data that they have collected.

With a paid service the SSN (Social Security Number) is verified and can reveal more complete and accurate background check information about an individual. When using a service that compares both the SSN number and the driver license number of the issuing state for performing the background check for pre-employment screening or criminal background checks of any type you can be rest assured that the data collected is more accurate. Free background check companies often do not compare or verify data in this manner so the information can often contain flaws. When using the background check for employment when reviewing a new potential employee this could prevent you from hiring someone that would be an asset to your company. Just because the data was inaccurate you lose a person that may have been employee of the year one day.

You could use Google's search on the name of the individual first to assess a possible need for the background check. However looking up John Smith is obviously going to lead to more results then you care to sift through. To save time and money, because time is money...It is in a company's best interest to both perform a free and paid background check. This only takes a matter of a few minutes and will save money in the long run just because you will know you have hired the right person for the job.

When your company is in an industry where trade secrets are of great importance then your should definitely consider having a background check completed. You can learn valuable information like job history, criminal records, bankruptcy, etc. So the best advice is to do both a free background check and a paid background check to achieve the highest accuracy on the information you need to make the correct decision.

Should You Consider Settling My Family Law Matter Or Force it to a Hearing on the Merits?

2008-09-07T09:58:00.001-07:00

Whether you are in the middle of a Rhode Island Divorce with a lawyer that you believe is serving your interests well, or you simply have a post-divorce judgment issue that you cannot agree upon with your ex-spouse or the mother of your child(ren), I urge you to consider mediation.

In the Rhode Island family court system when you enter the doors of the courtroom if you do not have an agreement worked out with your spouse then I can tell you four (4) things with a reasonable degree of certainty.

1) You have lost.

2) Your spouse has lost.

3) Your child has lost.

4) Any paid attorneys in the case have won.

Sadly, people have this idea that they will go into court and blow their spouse or their spouse's attorney out of the water. If it's not their spouse or ex-spouse then it's some poor child's parent.

Let me emphasize this. When you walk into family court without an agreement written in stone then you have all lost. The only one who has won is the attorney who has been paid for his or her services.

Citizens of Rhode Island and those who go before the Rhode Island Family Courts need to realize this fundamental precept and they need to stop grinding the axe with the opposing party and think about the practical consequences of what they are doing. Drop the emotional baggage! Leave your anger at the door, focus on the true issue and resolve it before you even enter the courthouse doors.

Stop grinding the axe with your former significant other and if you can't reach an agreement go to a good mediator who will take you through the practicalities of the family court system and help you reach an amicable agreement that each of you can live with.

As Rhode Island Family Court Justice Howard I. Lipsey has wisely told many Rhode Island divorce lawyers and their families in the past.

"I can sit up here and decide this matter for you. I don't mind doing it. If you can't put aside your differences and do it yourselves I'll decide what happens to your house, your cars, your family possessions, your assets, your debts, where your children are going to live, and go to school and so on . . . because that's what I'm here to do."

"But let me tell you . . . any decision you two can come to an agreement on is going to be better than anything I come up with. If this matter has to go to a full hearing on the merits and I have to decide this then you are both going to walk away unhappy. Trust me when I tell you, any agreement you come up with is going to be better than any ruling I make about your lives."

A word to the wise . . . stop grinding the axe and mediate your issues. Do whatever is needed to reach compromise without being clouded by emotion. Your life, Your Rhode Island Divorce and your family will be the better for it no matter what the matter you have before the court is.

Deferred Prosecutions in Washington State

2008-09-07T09:58:00.000-07:00

Deferred Prosecutions

Everyone knows that if you are facing a criminal charge, you can either plead guilty or go to trial. With a Driving Under the Influence charge in Washington State, there is another option: A Deferred Prosecution.

A Deferred Prosecution is a contract, nothing more. By entering into the contract, you are agreeing to do five things. If you do the five things then at the end of the contract, your criminal case is dismissed. While you are under the contract, you have not been convicted of the crime, which means: no jail time and no driver's license suspension. This is a contract that you can only do once in your lifetime. The five things are required by statute; that means that a Judge must include all five in the contract.

Now the five things:

First, you must get an alcohol evaluation and the evaluation must say that you are an alcoholic - which means you will have two years of alcohol classes. A lesser evaluation will disqualify you from being granted a Deferred Prosecution.

Second, probation for five years. There are two kinds of probation: Active and Inactive. Active probation means that you will likely have a Probation Officer that you will have to report to (at least once) who will act as the enforcement arm of the court; making sure that you do the five things you're supposed to under the contract. There is generally a fee for active probation. Although Courts vary across the State as to how much, it's generally around $50 per month.

Inactive probation is where you no longer have a Probation Officer and your only requirement is good behavior, i.e. don't get accused of any new criminal activity. Inactive probation generally has neither a monthly fee nor a probation officer, but can have a fee for periodic "record checks" to make sure there are no new criminal law violations.

Third, good behavior for five years. This requirement means you can have no new criminal law violations. This does not include (generally) speeding tickets or parking tickets - but anything that places you at risk for jail time will probably violate this requirement.

Fourth, go to a Victims Impact Panel. The VIP is a class where you listen to family members of people who have been killed by drunk drivers. It can vary in length but is typically two hours long.

Fifth, have an Ignition Interlock Device installed in any vehicle you drive. Although there is pending legislation that would allow you to drive an employer's vehicle without an IID, at the time of this writing it has not been passed into law.

When does a Deferred Prosecution make sense?

There are two times when going through a Deferred Prosecution makes sense: First, if you have had a prior DUI within the last seven years; and Second, if you are accused of other crimes that happened within one week of the DUI charge.

As you can see by looking at the mandatory minimum sentencing requirements (See DUI Penalties), a second DUI within a seven year period carries a significant amount of jail time, e.g. with a high BAC level you would be required to get 45 days of jail followed by 90 days of home detention and a driver's license loss of 900 days (almost three years). A judge could impose more jail time, but not less. Most people cannot financially survive this type of sentence.

If you are accused of multiple crimes, including DUI, then a Deferred Prosecution can make sense- even for a first time DUI. For example, if you were accused of DUI, Reckless Driving, Possession of Marijuana, etc then the potential penalties could make the Deferred worthwhile since we could include those other crimes within the Deferred Prosecution contract.

Should I go through a Deferred Prosecution on my first DUI?

In most cases it does not make sense to use a Deferred Prosecution on a first DUI charge. There are three reasons for this.

First, the penalties for your first DUI are financially survivable. The highest mandatory minimum is two days in jail. See the DUI Penalties above. While this won't be fun, it will most likely not cause you to lose your job.

Second, entering into a Deferred Prosecution counts as a prior for sentencing on any subsequent DUI convictions. If you are like most of the clients I have met with over the years, right now you're thinking that you will never get another DUI as long as you live; but did you plan on getting this one? In most cases, it is better to save your Deferred Prosecution (since you can only do it once per lifetime) for a second DUI charge that you hope never comes. Think of it as an insurance policy that you hope you never need.

Third, a Deferred Prosecution is a real opportunity for someone with a significant alcohol or drug problem because it can delete the jail time and license suspension associated with a DUI conviction. However, some people are tempted to sign up for a Deferred without fully realizing that the Deferred will require two years of alcohol classes.

People run into problems in two ways:

1) A non-alcoholic defendant tempted by the good parts of a Deferred will resent having to go to the two years of alcohol classes. When the choice is presented to "blow off" one of the classes, they may since they didn't really need the classes anyway. However, once you start missing classes, you can get expelled - which means you are now in violation of your Deferred Prosecution's requirement for treatment.

2) If you are really an alcoholic, you need to face the possibility that you may relapse and get a second DUI. If that happens, a Deferred Prosecution can really save the day.

What should I watch out for with a Deferred Prosecution?

The most common problem encountered with a Deferred Prosecution is running out of money. The cost of treatment varies, but is always expensive. Some health insurance companies will cover the expense - so check with yours. There can be government help for people addicted to alcohol or drugs.

Once the Judge signs the Order for Deferred Prosecution, you will be bound by the contract's terms. This means that even if the sole reason for getting kicked out of treatment is lack of financial ability to pay for it, you will still be in breach of the contract.

The way to avoid this problem is to look at the costs involved before you enter into the Deferred Prosecution.

What happens if I don't comply with the contract?

If there is an allegation that you have breached one (or more) of the five requirements, the Court will schedule a hearing to determine what action to take. If you get convicted of a new DUI, the Court will have no choice but to revoke the Deferred Prosecution. An Attorney may not be able to stop the Court from revoking your Deferred but may be able to help with the sentence you receive. If you breach your contract in some other way, the Court will have discretion on what action to take. If this happens, call an attorney immediately. They can help you come up with a plan to save your Deferred Prosecution.

If the Court revokes your Deferred Prosecution, then the Judge will read the police reports submitted when you first entered the Deferred and probably find you guilty. There will be no jury trial and no witnesses. The Court will make its decision solely based on the police reports. In other words, if you breach the contract you will be found guilty of the underlying DUI. This means that the mandatory minimum probation times and driver's license loss will start. It also means that the Court will determine the amount of fines and jail time to be imposed.

Background Check - The Basics

2008-08-22T23:17:00.000-07:00

Have you ever wanted to know the background of a particular person? Maybe it is a potential employee, employer or business partner, maybe even a possible lover or boyfriend. No matter who that person is, you can easily learn important information about him or her by performing a background check. With the many con artists nowadays, it is wise to do a search on the persons that you deal with every day. As they say, better be sure than sorry.

When doing a free background check online, you must use as many possible search engines as possible and not only the popular pones like Google and Yahoo. This is because the search engines search the Internet differently from each other. Other search engines and services you might want to try are AskJeeves, Lycos and Webcrawler. To help the search engines narrow down the search, make sure that you put quotation marks to enclose the name of the subject.

So what can you expect from the report? Most background check reports are detailed. The basic data that these report contain include the complete name of the person being checked including aliases and nicknames, complete known location and address, publicly displayed phone numbers including mobile, email, financial information, social security information and records on arrest and convictions if any.

Doing a background check can save you a lot of future headaches and even money. It can even save you your life. Exploit the power of the Internet in order to give yourself security and peace of mind.

Getting Accurate Details Through Free Background Check

2008-08-22T23:16:00.000-07:00

Free background check is the best way to do if you are looking for the right person to deal with you up coming business, household helper, nanny for your child, caregiver for your elders, or even your date. You meet people from time to time but question will arise is that the right person to be with or deal with your new business? You have to think many times before deciding to get that person because your safety will be at stake.

In searching for the truth, you have to conduct a background check. There are thousand of people finding free searches. Many websites post that their service is free but not actually free. They let you sign up but along the way of the search you will be ask to pay for their service. You must be careful in choosing the right website.

You can also visit agencies such as government agencies and conduct you free background check. They can provide you data that you need provided you have to allocate your time, effort, and patience in conducting a background check because you have to search with their different records. This will waste your time and patience and in the end, the details you get are still insufficient.

However, if you really need in-depth information better get a paid company that will do a thorough investigation for you. Reputable background check databases maintain and update their database regularly. They see to it that all information that they provide are true, accurate, and quality information.

Prevent it Before it Happens - Conduct Background Check

2008-08-22T23:15:00.001-07:00

Prevention is better than cure, preventing things before it happen is more likely a safety measure for some things that might happen accidentally. You may be a working parent that needs to leave your children to someone that you don't know or an employer hiring people to work on your company.

Basically all of us need some security, securing important things, valuables and even life. It may be too hard to give your trust to someone whom you have met for the first time. It is just like putting someone's life in danger. It is not bad to doubt on someone, it is like you want to be sure that before giving your full trust and you have known that person for a long time.

This is a reminder for those who have not encountered being attacked at your back. After you have given your whole trust some people may tend to abuse that trust and do something unjust on your part.

Good thing that we can do something to prevent unnecessary things to happen. Conducting background check is one of the safety measures to prevent being a victim of those who had been convicted. We can't easily determine by merely looking on one person not until we conduct a search. Background check will secure our lives and property from those people who are expert in doing such crimes. So, before you regret in the end conduct some preventive measure like background check to safety your life and the life of your loved ones.

Revocable Trusts in Estate Planning

2008-08-22T23:14:00.001-07:00

An increasing number of people are utilizing the revocable living trust as the primary document in their estate plans. A revocable living trust is an entity created during lifetime in which an individual (called a trustee) holds legal title to property on behalf of a beneficiary, who is typically the individual establishing the trust (or the grantor).

It is a revocable trust because the grantor, at all times and for any reason, retains the absolute power and right to revoke the trust, or to otherwise amend or change the trust terms in any fashion. In addition, the grantor may withdraw the trust assets at anytime by taking the properties back into his or her individual name.

The living trust is beneficial because it permits an individual to transfer title of his or her assets now, but that transfer is not to the individual's beneficiaries, but rather to the trust entity. In fact, the re-titling of assets during lifetime is generally considered to be the revocable trust's principal advantage since assets held by the trust will not be subject to court supervision. Furthermore, the grantor typically serves as initial trustee so as to maintain complete control over the management of the assets.

In the event of an incapacity or illness, a successor takes over as trustee to manage the trust and otherwise provide for the grantor, without the necessity of seeking the appointment of a legal guardian to take title to his or her assets.

Upon death, the successor trustee would be in charge of the assets without the necessity for probate proceedings. If probate were required, delays in transferring the properties to one's family and the potential for additional legal, accounting and court costs could result. Without court involvement, the trustee can expeditiously transfer the assets in accordance with the grantor's wishes, which will remain private, as a trust agreement need not be deposited with the probate court at death.

The trust will often contain significant tax planning provisions as well as terms of ongoing trusts for the grantor's family. This arrangement could permit the grantor's assets to be kept together in one piece for the family's benefit for a period of years. In addition, the trust could also provide for the protection of the properties from creditors or claims against the family.

While the revocable trust will, in effect, take the place of a Last Will and Testament, in that the trust will provide for the disposition of the grantor's assets at death, a Will is nonetheless a necessary instrument in every estate plan. If a trust is established, but one's assets are not properly transferred to the trust during lifetime, a Will would be required to direct the disposition of assets at death. In an estate plan that includes a revocable trust, a Will could merely provide that any assets that might be titled in a grantor's individual name pass to the trust to be held by the successor trustee under the general provisions of the grantor's estate plan. Moreover, a Will would name a guardian for any minor children.

Notwithstanding the advantages of the revocable living trust, it is not appropriate or necessary in every instance. Therefore, any person interested in exploring the applicability of a revocable trust in their estate plan should consult their attorney.

Free Police Records - How to Access Online in Minutes

2008-08-22T23:13:00.000-07:00

Have there been instances you had an eerie feeling about a new neighbor, a new daycare or someone your daughter was dating? Then you may want to consider searching for free police records immediately.

We would just like to make you aware that although there are websites that claim they offer free police records, that may not be totally true and if it is true, you will only get very basic details on an individual for free. You will most likely spend hours and days wasting your precious time spinning in circles. After searching for hours and days, most likely you will be no closer to gaining access to free police records than when you began your search. Also, it will be worthless information that will not help you whatsoever. Unfortunately, you pay for what you get.

You could always try to search public records to gain access to someone's arrest record by getting access to the courthouse public database. In order to perform this search, you must personally go to the court in whatever jurisdiction the individual lives in or has lived in for the majority of their life and then fill out a lengthy application. There are some instances where some courts have a website, but in most cases you are required to go in person. Upon submission of the application, it may take 24-72 hours before the application will be approved or denied. If it is approved, then you will be granted limited access at the courthouse to the public records database. Normally, these databases are not well organized so unfortunately it may take you several days to find the free police records you are searching for. With a little patience, success is definitely possible. But remember, it will be limited access, so it may not be the most detailed and up-to-date information you are searching for.

If you hit a dead end from accessing free police records online or searching public records, you may find the need to use other avenues that work better.

Luckily for you, there are a handful of legitimate companies that we can steer you towards that allow you to run an online background check for a minimal fee. Be cautious of the websites that want you to pay each time you search and also may require a monthly recurring fee. Search for the websites that offer unlimited searches for a one time minimal fee. These are great deals because you can order searches on anyone you desire without paying any additional fees or hidden costs from databases that offer millions of public records.

Who Can File a Mesothelioma Claim?

2008-06-28T04:47:00.001-07:00

Companies who were fully aware of the dangers involved could have wrongfully exposed workers to the material in the form of old insulation, clothing, and fire-resistant materials, culminating in cases of Mesothelioma.

If you had a recent Mesothelioma diagnosis, hiring an experienced Mesothelioma attorney is crucial at this stage in the game.

If you haven't had a Mesothelioma diagnoses, but have worked around asbestos, realize that some Mesothelioma symptoms may not even show up until the disease has progressed to its deadly form. Early diagnosis is extremely important, so get checked out, even if you feel fine.

Onset symptoms for Mesothelioma that begins in the lungs can start with coughing up blood, wheezing, and fluid in the chest cavity. Abdominal Mesothelioma symptoms can include abdominal pain, bowel obstruction/distention, fluid in the abdominal cavity and anemia.

Both lung and abdominal Mesothelioma can lead to tumor growth that can have devastating effects on the health of the sufferer.

Below is a list of employees who could have been exposed to asbestos laden materials, and may be able to file a claim for damages if diagnosed with Mesothelioma:

Engineers
Construction and steel workers
US servicemen
Auto mechanics
Insulation workers
Asbestos textile workers
Demolition workers.
Homeowners with old homes
Office workers in old buildings

People who had a loved one die from asbestos related exposure and Mesothelioma can file a claim as well.

Why a Mesothelioma attorney?
You want an attorney who specializes in such cases so that a professional can establish the link between your exposure to asbestos and your cancer. Someone familiar with Mesothelioma symptoms and their causes can provide the smoking gun for your case.

A capable Mesothelioma attorney is worth their weight in gold in that they can get you the monetary compensation necessary to assist with rising medical costs and provide benefits to you and your family. Those who lost loved ones may also be awarded death benefits as well.

You deserve someone who specializes in medical lawsuits and has a proven track record for success, so do your homework to ensure that you find the right Mesothelioma lawyer for your special circumstances.

The best way to do this is through a Mesothelioma attorney, as he or she can find the best way to get the largest settlement possible, thereby allowing the individual who must deal with this disease some peace of mind when it comes to his or her family and how they will survive financially, either with the cost of the treatments now, or after the individual has passed away.

People who have Mesothelioma symptoms can survive for many years, and the cost of their treatment often means that the services of a Mesothelioma lawyer will be needed.

Mesothelioma Compensation - What is Fair?

2008-06-28T04:46:00.003-07:00

Mesothelioma is an aggressive cancer which is usually caused by exposure to high amounts of airborne asbestos dust. This exposure was typically caused working in industries where asbestos was present and being used. Due to the industrial nature of this material, many class-action lawsuits have been filed to deal with mesothelioma compensation for its victims. There were such staggering numbers of cases going through the courts, that in 1999, the US government enacted the Fairness in Asbestos Compensation Act which limits compensation to those who have actually become sick due to their exposure.

Prior to 1999, it was possible to file a punitive lawsuit against companies who placed their employees at risk by exposing them to high levels of asbestos. Even though cancer had not developed, individuals were being compensated just because they had been placed in a high-risk environment and had a chance of developing this cancer. In 1999 alone there were 200,000 cases in the federal court system of the United States.

The 1999 Fairness in Asbestos Compensation Act stated that compensation would not be due just because a worker was exposed to asbestos. Compensation would be based upon illnesses which develop due to their exposure. This act was needed because the huge numbers of lawsuits were causing insurance companies to file for bankruptcy, which in turn led to those who were actually afflicted with the cancer not being able to receive their fair compensation.

Mesothelioma usually does not have any symptoms until several decades pass from the time of the exposure to asbestos. Normally by the time the cancer is diagnosed, it is in its later stages and is very aggressive. By this point, doctors usually treat the symptoms and work to make the patient comfortable. Due to its delayed onset followed by very rapid acceleration, it is critical if you are a diagnosed with mesothelioma to contact an attorney immediately to begin working on a personal injury lawsuit. In many states there are time constraints which begin on the day you are diagnosed, so it is important to begin this process as soon as possible.

If a loved one has died as a result of mesothelioma, you should speak with an attorney concerning a wrongful death lawsuit. There are many attorneys who specialize in mesothelioma cases, and they are familiar with the steps that are needed to prove liability in these cases. In a wrongful death lawsuit, an attorney will attempt to contact coworkers of the victim to prove their exposure to asbestos.

Depending on the state, as well as the severity of the cancer, compensation is typically from one million to three million dollars. Mesothelioma attorneys normally charge 30% to 40% on a contingency fee basis, meaning that they won't get paid unless you do.

Due to the 1999 Act, it is not possible to add punitive damages to the lawsuit. When this Act was enacted, the US government felt that it was not fair to punish owners and managers of companies who have been deceased for decades. So today, compensation is limited to medical expenses and loss of income.

National Association of Attorneys General

2008-06-28T04:46:00.001-07:00

Founded in 1907, the National Association of Attorneys General's purpose is to assist Attorneys General in the responsibilities of their office and to foster high quality legal services in the United States. The mission is defined as "To facilitate interaction among Attorneys General as peers. To facilitate the enhanced performance of Attorneys General and their staffs." NAAG encourages cooperative leadership in helping Attorneys General in their response to federal and state issues.

The Association advocates state cooperation on legal and law enforcement issues, performs policy research and analyzes concerns, and assists communication between legal professionals and the other entities of government. The Attorney General of all 50 states and the District of Columbia and the chief legal officers of the Commonwealths of the Northern Mariana Island, Puerto Rico, and territories of Guam, American Samoa, and the Virgin Islands are all members of the NAAG.

In 43 states, the Attorney General is popularly elected. However, in Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, he is appointed by the governor. In Maine, the legislature votes by secret ballot and in Tennessee the appointee is decided by the Supreme Court. The Attorneys General are chief legal officers of the states and counsel state government legislatures, agencies, and representatives. The Attorneys General form the bridge between law and public policy. The Attorney General handles subjects such as child support enforcement to environmental protection and drug policy.

The Attorney General is responsible for enforcing many federal areas. Cooperation between the Attorney General and the federal government has lead to advances in trade regulation, criminal justice, and environmental enforcement. The authority of the Attorney General varies by state. However, in general it includes the power to: introduce civil suits, challenge the constitutionality of actions, represent state agencies, retract corporate charters, impose open meetings, and enforce air, water pollution, and hazardous waste laws. In addition, in most states the Attorney General handles criminal appeals as well as state-wide prosecutions.

The goals of the NAAG is to release information related to successful management of the office, create a network among legal officers, promote cooperation between states, offer advice to Attorney Generals on legal developments, enhance the citizen's understanding of the law, and influence the development of law in compliance with the Supreme Court.

Sites to Do Free Criminal Background Checks - The Shocking Secrets That They Don't Tell You

2008-06-28T04:45:00.001-07:00

You probably ended up here because you have someone you are suspicious about. Someone gives you the willies, or you caught them acting suspiciously, or maybe you just have a gut feeling. It could be a neighbor, employee, tenant, landlords, childcare provider or even someone you are dating. The fact is that for one reason or another you are sensing that you or your loved ones are in possible danger. So you head to the Internet to search for sites to do free criminal background checks, and over and over you are told that you can get free background checks on this site or that but nothing turns up

The Shocker

Here's the truth, you can get free background checks but it won't be easy. And this is why you have felt misled by so many sites. However this is not the real shocker, the real shocker is the amount of time and resources it will take to do a proper background check on your own at no cost. You will have to cross-reference and check the various leads you find on the net, and then you will have to visit your local courthouse to get accurate arrest and criminal records. This is all very time consuming to say the least and it will take you upwards of a few weeks to get approval to access your court documents.

The fact is that there are sites that do this kind of service for you however it costs them to stay in business. The real deal sites maintain huge databases with sophisticated software that mines the private court records and cross references to insure a correct identity match. The kinds of quick and accurate results can simply never be had for free.

But The Flashing Banner Said...

This means that yes you have been lied to, and all of those sites promising unlimited background checks at no cost are a farce. Sure you may be allowed to run a very basic search that yields very vague info as a teaser, but you will end up paying a fee, sometimes too large of a fee, to get the information you need for your safety.

A Criminal Record Check Helps Your Protection Against Criminals

2008-06-28T04:44:00.000-07:00

Criminal record checks are safety indicators for the whole United States. If there were no record checks, then it would be impossible to distinguish between convicted felons and law abiding citizens. Employers would not know if they were hiring convicts, and the police would not know if someone they had arrested was a felon or parole-breaker. Parents would not be able to look up convicted felons living in their neighborhoods. For these reasons, as well as others, it is good for the safety of the U.S. that the criminal record check exists.

When an arrest is made, several copies of the suspect's fingerprints are taken and sent to various law-enforcement facilities. When a suspect becomes a confirmed convict, his or her records are sent to the local, state and national convict justice departments.

The Criminal Justice Information Services Division of the Federal Bureau of Investigation is in charge of getting all convict information out to the different law enforcement and government agencies. The FBI criminal records are linked with the state and county criminal records. These records are used when conducting such records background check. There is even a Criminal Record Bureau in the U.K.

There are many reasons to get a criminal record check. When getting a job, many employers require a background check, proving that you are not a felon. Adoption agencies require record checks on potential adopters to prove they can properly care for a child.

There are many other kinds of record checks as well, some of which include: sex offender registry, reference checks, credit checks and credential verification. Some activities in other countries require proof of "lack of a criminal record." If you need such a record search, then the process is rather simple.

Just ask the local police department to run one for you, and they will then give you a certificate saying that you have a clean criminal record. It is also possible to obtain the convict records of close relatives and for the deceased.

There are many different uses for the criminal record check. It is an invaluable tool for the business and legal world. The knowledge that anyone can be searched for a convict record is a calming thought.

That knowledge also makes people safer, knowing that with so many records, it is nearly impossible for criminals to get away with their crimes. The FBI and local police departments keep close watch on the convict records process. When necessary, it is easy to obtain a record check.

How to Do a Public Records Alabama Search

2008-06-28T04:43:00.000-07:00

There are many reasons you may want to do a search of public records in Alabama. Maybe you are considering hiring a nanny or daycare provider for your kids and you are concerned about their safety, or you're entering into a business deal with someone you don't know much about, or that you're interested in the background of someone you met through an online dating or chat site. There are literally too many reasons to list here but learning about someone's past can give you a certain peace of mind.

You have several choices when it comes to finding public records, some of which work better then the others. Your first choice is to visit the local court house, library, or government agency office where publicly available records are kept. You can put in a request for a records search which may take several days, and may or may not garner the results you want.

One way to make this method of public records search achieve better success is to hire a private investigator. They know the ins and outs of public records investigations, who to talk to, and the best methods for finding the information their clients are looking for. The only caveat with using a P.I. is cost. They normally charge by the hour and it can add up quickly if their investigation takes longer then originally thought.

What many people fail to realize when they first start doing a public records Alabama search is the sheer number of locations one would have to consider looking at to find all the pertinent background information about an individual. Consider there are sixty seven counties in the state of Alabama alone, each with its own court house, and when you add in all the municipal, district, and circuit courts you can see that finding publicly available information could take quite a bit of time and effort.

Now days as more and more states computerize their public records databases it is becoming easier for the average person to find and use these records for different purposes. Some of the same problems occur with these computerized databases because they also tend to be located at different locations and while many are interconnected via the internet you may not always get a complete records download for the person or people you are interested in.

Fortunately there are now public records search websites that have gone out and catalogued all the public records databases for you. With little more then a name and place of residence you can do not only a public records Alabama search you can also search records nationwide with the click of your mouse.

Understanding COPD Social Security Disability

2008-06-20T07:42:00.000-07:00

COPD, or Cardiac Obstructive Pulmonary Disease is a difficult disease for a person to manage. This is compounded by those who suffer from COPD and also need employment. Suffers of the disease often find it difficult to maintain employment as a result of how the disease impacts their body.

Cardiac Obstructive Pulmonary Disease is a disease that qualifies for disability benefits under the Social Security Administration (SSA). The challenge with this type of disability case is proving to the Social Security Administration that you are disabled, because their definition of disability is very strict.

Defining Social Security Disability Benefits:
The SSA has a very rigid definition of who is disabled. To receive SSI or SSDI benefits a person must provide evidence that they are permanently disabled and this condition will last at least one year, or result in their death. No benefits are awarded for a partial or short-term disability.

Documenting a COPD Disability:
The most important thing for a COPD patient to do is to see a doctor on a regular basis. While at the doctor's office, this is your opportunity to help build your COPD disability case. Remember to win benefits you'll need to provide documentation of your disability. The notes and records your doctor maintains on file are critical evidence to help support your claim.

It is your responsibility to ensure your condition is being documented properly. Make sure your doctor is writing down your symptoms (and that the writing is legible). When talking to your doctor, be specific about your symptoms. For example if you are experiencing a shortness of breath, tell your doctor when it occurs, examples below:
- Carrying groceries
- Walking from room to room
- Standing for long periods of time (how long?)

COPD Chest Pain:
Another common COPD condition is chest pain. If you are experiencing chest paint, describe the pain to your doctor. Tell your doctor how long it takes to recover from COPD chest pain. This information is critical to support your COPD disability case and also helps ensure your doctor is able to adjust your treatment as needed.

As you can see your doctor's records will be one of the greatest sources of supporting evidence for your case. Too often qualified applicants are denied disability because they were unable to document their disability to the Social Security Administration's standards. It is important to remember that though you may seem to be disabled, if you do not provide the SSA with the evidence and documentation that they need, you will be unable to receive the benefits you are entitled to. If you are uncertain, or want to increase your chances of winning benefits you may want to contact a COPD attorney.

COPD Disability Attorney and COPD Disability Lawyer:
An experienced COPD disability attorney or COPD disability lawyer can be a great resource when applying for benefits. Disability lawyers and attorneys will be able to help you with your claim by assisting in gathering documentation and testimony if needed for your impairment and associated symptoms. Whether you need to apply for disability benefits or have applied and been denied, finding a lawyer with COPD disability experience can be the difference of winning benefits and being denied.

Handling a Missouri Dog Bite Lawsuit

2008-06-20T07:41:00.000-07:00

It has been figured there are an estimated 4.7 million dog bites and dog attacks per year. The number continues to grow year after year as designer breeds become more popular. It has been further estimated that more than 800,000 of the dog bite injuries require medical attention.

For dog bite victims, medical bills are often well into the thousands of dollars. In addition to the significant bills, dog bite injuries often leave significant wounds and traumatizing memories. It is common for dog bite victims to be scared of dogs following an attack. What used to be known as a lovable animal is now viewed as a vicious creature.

Dog bite lawsuits in Missouri usually mean following the common law. Some Missouri personal injury attorneys say Missouri follows the one bite rule. Pursuant to the one bite rule, if your dog has never bitten anyone before, you are not typically found liable the first time your dog attacks.

Previous vicious propensities or dangerous behavior may be enough to satisfy the Missouri dog bite law. Dog bite cases are extremely fact specific. In this situation, the Plaintiff must show the dog owner knew or should have known of the dog's dangerous or vicious propensities.

Missouri dog bite cases are sometimes filed as premises liability cases. In this situation, the Plaintiff would argue the biting dog created a dangerous condition on the premises.

In addition, dog owners can be found liable if their dog attacks while they are violating a law or ordinance. For instance, if the dog owner violates a leash law they could potentially be held negligent per se for said violation.

For example, in Jensen v. Feely, the Missouri Court of Appeals, Western District, held negligence per se exists where there is a city leash law, and an unleashed dog bites someone.

In that case, an Independence, Missouri ordinance set out, "It shall be unlawful for the owner of any dog or cat to let such dog or cat run at large at any time." At large is further defined to include when any dog/cat is found on property other than its owner/keeper's unless it is leashed by a person capable of controlling the animal.

The Plaintiff was on a public street when Defendant's unleashed dog bit Plaintiff. Plaintiff sued to recover damages claiming negligence per se; Defendant denied liability.

Negligence per se does not require duty, breach, and causation be proven like a general negligence claim. Because an ordinance or law is implemented to protect a certain class of persons, like the plaintiff here, a violation of that ordinance that results in injury automatically creates a claim. This is because the ordinance in itself creates a duty and a violation of that ordinance creates the requisite breach.

The court in Jensen found that the ordinance imposes a duty of reasonable care to restrain dogs on public streets. Further the court found that this duty intends to allow those injured by a breach of such to seek compensation. This means the owner of an unleashed dog that bites where a leash law exists will generally be found liable for injuries resulting from violating the leash law.

As stated, there are several ways for a Plaintiff to succeed in a Missouri dog bite claim. Dog bite victims can potentially recover damages for their injuries, medical bills, pain, suffering, lost wages, and any damages that may arise in the future.

3 Types of Legal Trusts

2008-06-20T07:40:00.002-07:00

Legal trusts have become one of the most common ways to protect an estate. It can shield and distribute assets according the wishes of the settlor (creator of the trust) and ensure the longevity of a business. In a previous article, we mentioned 3 common types of legal trusts. They included the qualified personal residence trust (QPRT), credit shelter trust (also known as a family trust) and the dynasty trust. Given the settlor's objectives, each of these could be used for varying purposes. Below, we'll describe 3 more common types of legal trusts that you should consider.

#1 - Irrevocable Life Insurance Trust

Increasingly common amongst those who own businesses or other highly-valued assets that can't be liquidated quickly, the irrevocable life insurance trust uses your life insurance policy to pay for your estate costs. Business owners typically don't want their heirs to have to sell the business in order to pay the estate costs. Liquidating under those circumstances can have a significant impact on the value of the business. Instead, the settlor's life insurance policy is used to pay for estate costs that are associated with the business.

#2 - Special Needs Trust

When a person receives financial support from the government, those benefits can be disqualified if that person inherits a large sum or receives a sizable gift. To ensure those benefits aren't jeopardized, a special needs trust can be established. Any gift or inheritance can be placed within the trust. An experienced attorney will often include a special provision within this type of trust. The provision can cause the trust to expire if the beneficiary's governmental benefits are ever subject to disqualification.

#3 - Qualified Terminable Interest Property Trust

Your family may include people who are members by virtue of divorces and remarriages. In some cases, you may want to ensure that the bulk of your estate is received by certain relatives. Many people use a qualified terminable interest property trust when they have children and marry someone who has their own children. This type of trust can be established to make certain their assets are given to their biological children when their spouse dies. In doing so, they can remove the possibility of someone else's children receiving a share of their estate.

Medical Payment Options Required in Colorado

2008-06-20T07:40:00.001-07:00

Governor Bill Ritter signed Senate Bill 011 into law earlier this month giving Colorado motorists access to a valuable avenue for paying for medical expenses in the event they are injured in an auto accident.

In the past four years since the legislature repealed the No-Fault Act (which previously required that you purchase medical insurance to cover your accident-related medical expenses) accident victims have found out all too late that they are unable to get medical treatment that they need after an accident.

Under the new law (now codified as C.R.S. Sec. 10-4-635, et. seq.) auto insurance companies must now offer $5,000 of medical payments ("med-pay") coverage to Colorado policyholders. This is an optional coverage which can be declined by those who do not want such coverage. It will not raise everyone's insurance premiums as insurance industry lobbyists have threatened.

However, most Colorado motorists would benefit from having this additional coverage added as a part of their auto insurance policies in some degree. The following guidelines should help you in determining how much Medical Payments coverage you should choose under your policy:

1. Motorists who do not have a separate health insurance policy in effect: If you do not currently have health insurance this auto med-pay coverage may be the only way you would be able to pay for your medical care after an auto accident - even if the accident was not your fault. Most doctors and medical providers will not see a patient if they do not have insurance unless it is a life or death emergency. If you are not covered by health insurance you absolutely should purchase med-pay coverage under your auto policy. In fact, I recommend that you purchase as much coverage as your auto carrier allows.

2. Drivers With Health Insurance That Excludes Coverage For Auto Accidents: In the last few years, health insurance companies have started to limit their responsibility for paying for accident-related medical care by excluding such coverage from their policy. This means that you will have to pay for accident related medical care out of your own pocket. Unfortunately, many people do not find out that they have such a policy until it is too late and they have already been injured in an accident. It is very important for you to read your policy and see if there is such an exclusion included. If so, you also need to purchase as much auto med-pay as possible.

3. Drivers With Large Deductible Health Insurance: Anyone whose health insurance does not step in and pay benefits until a high deductible threshold has been met should secure med-pay coverage to cover the out-of-pocket expenses or deductibles not paid by their health policy. For instance, many catastrophic health policies will not pay any of the first $10,000.00 in medical expenses incurred in an accident. These drivers should purchase enough coverage to cover this gap.

4. Drivers Whose Health Policies Limit Physical Therapy Coverage: Many group policies in Colorado limit the number of therapy visits that an insured can have for any one condition in a policy year. If your policy only allows 20 physical therapy visits each year, it may be helpful to have a small amount of med-pay coverage to ensure that additional therapy visits will not have to be paid out-of-pocket.

5. Drivers Who Want Zero Out-of-Pocket Liability: Even if you have a good health insurance policy with low deductibles - you can spend hundreds of dollars meeting your deductible or in co-pays. This new coverage will make sure that this gap in coverage is closed for those who elect to purchase med-pay coverage.

Medical Payment Options Required in Colorado

2008-06-20T07:39:00.001-07:00

Your Children Must Always Be in Car Seats

2008-06-20T07:38:00.001-07:00

I constantly see kids standing up in vehicles, staring at me out the back windows or just bouncing around on an adult's lap. Don't adults know that in a collision, the body of an unrestrained child becomes a projectile, bouncing around the inside of the car? A child can be ejected from the car, through windows or the windshield and be fatally injured. Occupants of the vehicle can be injured by the child hitting their necks or heads. Sadly, so many people still have not gotten the message.

Are car seats too expensive? Or are people just plain lazy?

There are different types of car seat, usually varying depending on the size, age or weight of the child. Remember to buy a new car seat - old car seats may not have the latest safety features or may have been compromised in an accident.

Infant car seats - only face the rear; usually used in the back seat; may be used as an infant carrier and may be attachable to a stroller.

Convertible car seats - Used in the rear; when your child gets older may change into a forward-facing car seat or even a booster seat.

Booster seats - the last step before your child can safely wear a regular seat belt; used with the car's seatbelt.

It is important that you follow the manufacturer's instructions about how to attach the car seat. Also, you always want to send in the car seat's registration form, so you are notified if the manufacturer recalls the seat for any defect. If your child is wearing a heavy coat, make certain that the harness straps are tight. Make sure to tighten the straps when your child wears lesser outerwear (when the weather warms up). Some safety agencies recommend removing your child's outerwear in the car, so that the child can be fastened securely into the car seat.

Do not re-use a car seat after a serious accident - one that causes severe damage to the car. Get a new one.

Common car seat mistakes:

Placing child in wrong size car seat for his weight/size;

Placing a rear-facing car seat in the front seat of the car;

Not making sure the harness is tightened correctly;

Positioning the harness chest clip incorrectly;

Not using the latch correctly.

Not just a safety issue, it's the law. Below I summarize New York Vehicle and Traffic Law, Section 1229-c. For specific questions, consult the statute. No person shall operate a motor vehicle in this state unless:

(1) all back seat passengers under the age of four are restrained in a specially designed seat which is either permanently affixed or is affixed to such vehicle by a safety belt,

(2) all back seat passengers of such vehicle who are age four or older but under age seven are restrained in an appropriate child restraint system (+ combination lap and shoulder harness belts)

(3) all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt, or children who are age four or older but under age seven are restrained in an appropriate child restraint system (+ combination lap and shoulder harness belts)

The rule changes somewhat if: the passenger four or younger weighs more than 40 pounds, or if the car is not equipped with shoulder harness belts, or if all the lap and shoulder belts are already in use by other children in the car

No person shall operate a motor vehicle unless such person is restrained by an approved safety belt. No person sixteen years of age or over shall be a passenger in the front seat of a motor vehicle unless such person is restrained by an approved safety belt.

How Reliable Are Online Background Checks?

2008-06-20T07:36:00.000-07:00

When something looks too good to be true it usually is. Are online background checks all they are cracked-up to be? Are they really Instant and Nationwide?

SURPRISING TRUTH # 1: It is perfectly legal to do a background check on anyone at any time. Now I know that I've lost some of you who now think that I am off my rocker because you know that there are all sorts of forms that you have to sign with all kinds of legal warnings with criminal penalties and such, but I'll say it again. "ANYBODY CAN DO A BACKGROUND CHECK ON ANYONE, ANY TIME THEY FEEL LIKE IT." Because I want you to read this whole article, I am not going to explain those statements until further into the article.

SURPRISING TRUTH # 2: There is no instant national database of all criminal records that you can access. Right now you are probably sure that I am crazy. "Why just last night on Law & Order they got the bad guy's record . . ." There, you are talking about NCIC, the National Crime Information Center or otherwise known as the FBI files. While the FBI maintains the best and most accurate records, unfortunately, you can't get them, unless of course you are a federally insured bank, a defense department contractor, a nuclear power plant, a branch of the government itself or some other such entity. A surprising amount of otherwise intelligent people think that there are giant government databases with information on everyone including their criminal history, job history, credit files an even what books they check out of the library and what videos they rent. If that were true, why does it take the government itself four months and $2400 to conduct its own background checks? Don't believe me? Send me an e-mail and I will send you the link to the Office of Personnel Management website that shows the fee and time schedule.

SURPRISING TRUTH # 3: There is a big, big difference between everywhere and anywhere. The companies that sell database information advertise that they search everywhere, or at least that's what they want you to believe. Using the word Nationwide is designed to make you think that they check everywhere. The question then becomes, "If you don't check everywhere, what do you check?" The answer is that we check anywhere a person has lived or worked. It is much better to check ANYWHERE and get real records than to check EVERYWHERE and get inaccurate database records?

So if there's no such thing as an instant nationwide database what are these companies selling? First let me tell you what these databases are good for and then I'll tell you why they are dangerous. In some states of the USA their REAL criminal records are available in some kind of publicly accessible form. It may be on the internet and it may require a subscription or acknowledgment of permissible purpose for its use, but it is available. Texas is a good example of this. For a small fee you can go online and access the REAL criminal records of the state of Texas. Florida, Minnesota and Virginia are other examples of where you can get via these database services what I call "REAL" records. The problem is that these database companies don't tell the consumer (you) that is most cases and in most areas of the country you are getting either nothing or marginal information at best.

Here's why. The companies that collect and sell these database records, and the hundreds of companies that re-sell this information do not emphasize the weakness of their systems. This is why they emphasize the words "instant" and "nationwide" in their promotions. Everyone wants cheap and instant as opposed to slow and expensive, don't they? Can you imagine a website that advertises "Slow And Expensive Limited Area Background Checks." In fact to get really accurate records in most of the country it still requires in person searching at each county courthouse.

These companies get records where they can get them for free; usually from a state's Department of Corrections, which means you are only getting info on a person if he/she has been convicted of a felony and sentenced to prison. When most people think of a criminal history background check they think of all arrests and convictions; both misdemeanors and felonies and the court disposition, guilty or not guilty and the sentence. As you can see, if you are getting only felony convictions, you are getting only a small piece of the pie. For example; a person could be arrested a couple of times for having drug paraphernalia or a small amount of drugs in his or her possession. If the records you are getting only include felony convictions, you would have no record of that person's drug abuse.

The other problem that these Instant Nationwide background checks have is that in many areas of the country they get nothing at all because the states or the county superior courts or district courts don't furnish them with free records. Here is another example: Suppose you are a parent in San Francisco, Las Vegas, Salt Lake City, Boston, Atlanta or New Orleans (just to name a few) and you want to do a criminal background check. You go online and type in "background check" in Yahoo or Google and right away you see the ads for the "Instant Nationwide" background checks. You choose one of the websites that offers instant records, you pay your $19.95 or $49.95 and you put in the information on the person you want checked. Instantly the website tells you that there is no record found based on the info that you have provided. You feel great! You go ahead and tell the nanny that she can start tomorrow because she has passed the background check. Here comes the big kick in the gut. . . What the website didn't tell you is that their database records don't search any of those areas at all. You just paid $19.95 or $49.95 and got NOTHING, ZERO, ZIP, NADA. Disclosure: Actually the proceeding sentence is not 100% true. In Nevada and Louisiana the databases do search currently incarcerated prisoners in their respective prison systems. So if your potential nanny is in prison right now then it would tell you that he/she is in prison, but I guess you would already know that.

Now to explain the # 1 Surprising Truth: I'll say it again: Anyone can check anyone, anytime. If you are so inclined, you can check the criminal or civil record (or lack thereof) of your daughter's boyfriend (I do that on a regular basis) your crazy neighbor next door, your business partner, your doctor, your ex-husband, your mayor or even your priest. In fact, you don't even have to be a citizen of the USA to get these records. You can walk into the Superior Court (District Court in some states) clerk's office, in the jurisdiction where that person lives/lived, go up to the counter, fill out a slip of paper, hand it to the clerk and wait for the results. Remember that you will only get the records from that county, i.e., if a person lived in multiple counties you would have to check each of them. The subject of your search could be an axe murderer from the next county over, but your county court clerk would not have a record of it.

OK, now you've got the information, what do you do with it? This is the area where the law is concerned; what you do with the information! If you use this information to discriminate against a person, deny them employment, housing or entrance to a school, etc. then you are violating the law and opening yourself to big time liabilities and possible lawsuits. This is what all of the consent forms with warnings are all about. It's not the getting of the information that the laws are concerned with but the use of it.

How to Download Public Death Records Online

2008-06-13T09:35:00.001-07:00

Dead men tell no tales, but Death Records can sure say a lot. They have come a long way since their humble beginning back at the turn of the 20th century. Today, Public Death Records form the set of Vital Public Records jointly with Birth, Divorce and Marriage Records. Public Records are much like reputation, you own it but you don't really have a say in it.

The details surrounding the death such as time and place of death, burial and funeral information, personal particulars of the deceased and some degree of his spouse's, children's and parents' are found in people's Public Death Records. It's also customary to put up an obituary alongside the death notice especially if the deceased was a distinguished figure in his lifetime and obituaries often show up as part of death records.

Some of the information contained in Public Death Records is actually quite private and people are known to be sensitive about it. That's why there can be restrictions on their accessibility and use, death records being public records notwithstanding. Other than that, Public Death Records are by and large freely available from government agencies and private sources alike.

People make use of Public Death Records for a multitude of reasons and purposes most predominant of which are catching up on long lost friends, tracing family trees and researching specific individuals. They are also widely used in Genealogy and other historical studies and are a primary resource for the Police and other enforcement bodies in their criminal investigation work.

Different states have different laws governing the access and use of Public Death Records. Furthermore, the death record databases of the various states are not linked. That means if it is not known which state precisely is the subject's state of residence, a state by state search would have to be conducted in order for the search to be exhaustive. Having that said, records within each state however are uploaded onto a central state repository.

They may be named differently but each of the states has a Statistics, Data or Records department or main office from which public records can be requested. With computerization and the internet, other down-line agencies within the states are expectedly also tasked and equipped with this function. Actually, Death Records Online is by far the most convenient and popular way of retrieving Public Death Records.

In cases where time is of the essence, retrieving Free Public Death Records from public offices is not a good option as they typically require queuing and waiting time. In any case, people are generally better off with commercial information providers as their superb service more than justify their fees, provided they looked in the right places and found the right one.

Divorce Lawyer New York - Peace Assured One More Time

2008-06-13T09:34:00.001-07:00

Incidences of divorces are increasing at an alarming pace today. It breaks the heart of many to see the families crumbling and an overall happy atmosphere being turned into a hell. Many consider the side effects of a divorce far more harming to the kids than anything else. This however is only one side of the coin. Sometimes, divorce is the only option where the couple can separate on friendly terms and carry on with their lives once more. The legal angle for this, can however, be taken care by the divorce lawyer New York who guides you while charting the unknown territory. They provide anybody with their services despite your financial status and the family set up.

The divorce lawyer charges an affordable fee from you, which puts at rest your doubts regarding the messiness of your case. And yes, the time factor is also taken care of by the divorce lawyer New York because they understand its value. Proceeding in a stepwise manner they ask you the about the grounds on which you want separation. There are other aspects where you can go for the divorce. For instance, if you have been abused or neglected by your spouse. In this case, you are made to fill an application seeking the divorce immediately. Other issues like the custody of the children (if any) or the status of the joint accounts etc can be duly looked into by the divorce lawyer New York. There are other grounds on which a couple can seek the divorce which includes the instance of physical or mental cruelty, adultery or desertion.

In most of the divorce cases, the client has to maintain his balance and poise and thus co-operate with his divorce lawyer. In these cases, mostly tough questions are posed to couples seeking divorce. Therefore, both the concerned parties have to take care of each little detail that will come in handy during their presentation in the court. A properly certified divorce lawyer who knows his task quite well should be contacted for this purpose. Besides this, the lawyer must possess human qualities of compassion, patience and an eye for the proper presentation of their client's case. A good knowledge of law and an expertise of years helps in going to each and every detail of your life. This comes in handy in the court for the effective presentation of your case. Divorce lawyer New York is specially hired for his/her proven expertise while handling your case in a proper manner.

One can hire the services of some of the best lawyers' in New York by visiting the internet. You will find the address and contact number of one of the best divorce lawyer by visiting the internet. Usually, the divorce lawyers charge expensive fee form their clients, but the divorce lawyer New York charges you a fair amount as the fee. The human angle is duly cared for as he or she has already dealt with such cases with professionalism and compassion which is simply unmatched. Bid a bye to your divorce related worries now with divorce lawyer New York. Hey, we already see you smiling that long lost smile once again.

How to Legally Prepare For Natural Diasters

2008-06-13T09:33:00.000-07:00

Natural disasters have caused havoc in more than ten states in recent weeks. Tornadoes swept across Minnesota, Kansas, Missouri, Iowa, Georgia, Colorado, Alabama, Arkansas, Oklahoma, and North Carolina causing damage and loss of life. Twisters were also reported in Texas and out West in California and in Wyoming. California has also seen wildfires. Earthquakes have shaken Nevada. As if these events aren't enough, the 2008 Atlantic hurricane season is now underway and forecasters say we will likely experience a well-above average season.

No one can predict when an emergency or disaster situation will occur, but if caught unprepared, a person faces a much greater burden and expense in resolving his or her legal affairs. It is with this in mind, that USLegal has created an online LegalLife Resource Center as a public service. It contains free and vital information to assist individuals in understanding and organizing the legal aspects of their lives.

Here are also five recommendations to assist you in being better legally prepared for natural disasters and other life emergencies:

1) Review your home, auto and life insurance policies and understand your coverage and policy limits. Specifically go over sections pertaining to physical damage caused by fire, hail, wind, tornadoes, flooding, rain, storms, hurricanes and earthquakes. Standard homeowner policies typically cover damage from wind, but not flooding or storm surge. Sometimes flood insurance can be purchased separately. Most standard homeowner insurance also does not cover damage caused by earthquakes. Check with your insurance carrier to determine if a separate earthquake insurance policy can be purchased. Comprehensive auto insurance will likely cover physical damage to vehicles caused by storms and earthquakes. Make sure to review benefit amounts in life insurance policies and update beneficiaries if needed.

2) Create a life document file which is a collection of important legal papers. A life documents file can include identification records such as birth certificate and social security card, contracts, deeds, insurance policies, medical records, photos, and a financial assets inventory. Maintaining records together in one place is beneficial in the event you need to grab them and go in the event you need to evacuate your area quickly. See the following link to learn how to create a Life Documents File:
http://www.uslegalforms.com/life-documents.htm.

3) Draft Will, Living Will, and Power of Attorney forms. Tragically, inclement weather events and earthquakes can cause injuries and take lives. Preparing essential legal forms ahead of time can help ensure that your wishes are carried out and lessen the burden on family members. You can prepare legal forms on your own by downloading state-specific documents from USLegalForms.com or consult an attorney in your local area to have documents prepared for you.

4) Store your important papers in a secure place such as a home safe or bank safe deposit box. Since these are vital records with lots of personal information, maintaining them in a secure location is necessary to prevent the misuse of your information.

5) Tell someone you trust about the location of your important documents. It can be an attorney, relative or close friend. Situations may arise where you are unable to communicate and a least one person should know the location of your important papers. You might also keep a back up copy of important records with an attorney if you have one or with a family member who resides in another geographic location.

The Dread of Divorce - How a Collaborative Divorce Saves a Lot More Than Money

2008-06-13T09:32:00.000-07:00

Divorce . . . ranked second (only to the death of a spouse or child) as one of the most stressful life events according to a well-established research study*, often turns rational, respectful, caring couples into angry, spiteful adversaries during the legal divorce process. The result can have far reaching, damaging emotional effects for husband and wife, as well as their children for many years to come.

Unfortunately, these negative effects are widespread in American society as current statistics indicate that 50% of first marriages end in divorce, and 60% of couples who remarry become casualties of divorce. Traditional legal divorce proceedings, which usually pit husband against wife in a "win at all cost" manner, no doubt play a large part in the stress levels that couples experience.

A New Trend in Marriage Dissolution

There is a relatively new alternative to traditional divorce called Collaborative Divorce which minimizes the psychological trauma as well as the financial expense of divorce. Both parties and their respective Collaborative Family Lawyers sign a participation agreement in which they agree to work together to achieve a satisfactory settlement in a cooperative manner. The participants agree not to go to court and to voluntarily disclose relevant information. Settlement is achieved through four-way conferences, informal discussions, and other non-litigation alternatives.

Both attorneys spend their time and effort to settle the case instead of preparing for and conducting a trial. Collaborative Divorce requires that all parties cooperate, and act in good faith with integrity and honesty. This means the process moves forward much more quickly -- requiring less time from each attorney -- resulting in lower legal fees. Nonexistent are the traditional, adversarial divorce tactics couples engage in such as exaggerated accusations, delays, "wearing the other side down", etc.

Comparison of Contested Divorce Litigation and Collaborative Divorce

Common Questions:

I am so upset and angry right now, how can I talk to my spouse about collaborative divorce?

The Collaborative Law process uses the attorney's roles and structured agendas to make talking to your spouse easier. Couples who see the benefits of Collaborative Divorce -- both emotional and financial - put their emotions aside during the very structured meetings. Couples who behave irrationally, or cannot overcome extreme anger may not be candidates for Collaborative Divorce.

In Collaborative Divorce, will I still get a lawyer who will vigorously represent my interest?

Yes. Attorneys are trained to advocate their clients' interests no matter what the circumstances. If you are not satisfied, you are free to hire another attorney.

What if we sign an agreement and later my souse doesn't abide by it?

Final agreements reached through Collaborative Law are drafted into a court order which, when signed by the judge, becomes an enforceable decree. How do I know if Collaborative Divorce or Traditional Divorce is best for me?

Consult a family law attorney who practices Collaborative Law and offers traditional divorce services.

Collaborative Divorce may be an option for many of the millions of couples who divorce each year and want to avoid court, save money, and have both parties' needs met. Typically, it results in a less emotionally destructive and more dignified divorce for all involved. Indeed, the most important difference between divorce resolved in court versus a Collaborative Law Divorce is not the outcome, but what happens along the way. And we all know from experience in other aspects or our lives that we have to live through the journey to get to our destination.

Pneumoconiosis in Railroad Workers

2008-06-13T09:30:00.000-07:00

What is Pneumoconiosis?

Pneumoconiosis is a general term for a lung disease that develops as a result of the inhalation of dust and other dangerous particles. Most commonly, these particles are inhaled by workers who work in close contact or proximity to dangerous substances. When the dust of these substances and materials enters the air it is inhaled by the workers, causing the development of serious health problems further down the road. These particles damage the lungs over the years (and even decades) leading to a various types of lung disease. In some cases, the disease does not show any outward symptoms until many years after it first developed. This makes the many types of pneumoconiosis very hard to treat in their early stages of development.

The term pneumoconiosis covers many types of lung disease including, but not limited to - asbestosis, silicosis, siderosis, and bauxite fibrosis.

The Effects of Pneumoconiosis

Depending on the type of dust and particles inhaled by the worker, the effects of the pneumoconiosis will be different for each type of worker. For example, asbestosis often leads to the development of lung cancer. The asbestos fibers that are inhaled stay in the lungs for many years after the initial inhalation, causing the development of cancer cells over time. Silicosis, on the other hand, is caused by the inhalation of silica dust and does not develop cancer cells over time. Instead, this type of pneumoconiosis drastically affects the function of the lungs, causing shortness of breath, fever, and other serious health problems.

If you believe that you have developed a form of pneumoconiosis, it is in your best interest to visit a doctor immediately. A trained physician will be able to examine and evaluate your health concerns. It is important to not delay your visit to the doctor if you believe you have developed a form of occupational pneumoconiosis. The earlier you are able to have the disease diagnosed, the better chance you have of treating it.

Contact a FELA Lawyer Today

If you are suffering from the effects of some form of pneumoconiosis, contact an attorney after visiting your doctor. Pneumoconiosis is commonly caused by the inhalation of dangerous particles in a variety of working situations. If you are a railroad worker who has developed a lung disease as a result of dangerous dust particles at work, contact a FELA lawyer today to learn more about your legal rights and options.

Capital Punishment

2008-06-13T09:29:00.000-07:00

Capital punishment is the legal process which ends the life of a convicted felon. In theory, it is applicable only to cases involving murder. Since the practice was re-instated in the United States in 1976, 1009 people have been executed, as of April 2008. The United States is the only industrial, fully developed, Western country that still allows the death penalty.

Despite its somewhat frequent use, the death penalty garners a lot of attention and controversy. Arguments, both for and against the practice, are based on a combination of factors including morals, practicality, religion, and emotions. The arguments in favor of the death penalty generally focus on its ability to deter crime, its guarantee that a convicted murderer won't murder again, the closure it provides to surviving victims or loved ones, and its perceived justness for some crimes.

The arguments against the death penalty are much more varied. Frequently, they focus on refuting the arguments made in favor of the death penalty. Another argument is that the practice cheapens human life. Opponents also note that using the death penalty sinks governments to the same level as criminals. Other people object to the practice based on its history of bias and the number of cases in which it has been determined after the felon is executed that he or she was, in fact, innocent.

In 1972, during the decision for Furman v Georgia, the Supreme Court completely stopped the practice of capital punishment. The court struck down all capital punishment statutes in the country. Many at the time felt that the majority of the states would not re-write or re-create death penalty laws; however, 37 of the 50 states enacted new capital punishment laws.

The states that adopted new capital punishment statutes created either mandatory or bifurcated laws. Mandatory laws remove juror discretion from the sentencing process. Some crimes automatically receive the death penalty. Bifurcated statutes split the process into two trials. The first trial determines whether the accused is innocent or guilty. A second trial decides the sentence for the convicted. These statutes also involve various procedural limitations on a jury's ability to pronounce a death sentence.

The Supreme Court effectively re-instated capital punishment when it upheld bifurcated sentencing procedures in Gregg v Georgia in 1976. In 1977, the court removed the death penalty for rape convictions and, by implication, for any offense other than murder.

Free Police Reports - Is it Possible to Get Public Records For Free?

2008-06-13T09:28:00.000-07:00

Getting your hands on free police records has suddenly become something that everyone wants to do. The reasons vary from checking out the credentials of a new day care provider to investigating a possible lover that you have met online.

Regardless of the reason, obtaining a criminal background check on someone is often a process that is of utmost importance. This is especially true when it comes to ensuring the safety of yourself or a member of your family.

When someone gets arrested, it is often added to what people refer to as their "public record". While this is definitely true, the real confusion begins when you try to figure out how to get your hands on such records in order to do a do it yourself criminal history report.

The only real sure fire method is to actually petition the courthouse of the jurisdiction where you believe that the person you are investigating has committed a crime. There are however, a few things that you will have to keep in mind.

1. You are not entitled to these records - In order to view someones criminal history, you will often be forced to fill out what is called an "application for information". Once this is filled out the officials will either approve or deny your request. If you are approved, it will be your responsibility to go through these records one by one until you find exactly what it is that you are looking for.

2. You may have to look in more than one place - These type of records are specific to the jurisdiction in which they occurred. Therefore, in order for you to get a comprehensive reporting of someones criminal indiscretions you may have to travel to several courthouses to make sure that the information that you have is complete and accurate.

3. Sometimes do it yourself is not best - Keep in mind that some things are best left to people that know exactly what they are doing. Many times when seeking to get free police records the reasons for seeking such records are of extreme importance. Often times the results will directly relate to the safety and well being of either ourselves or someone that has entrusted their safety to us.

While it is true that getting a criminal background check is a solid and reliable way to verify the character of someone that might give you a feeling like something is wrong. The information that you obtain very well could be worthless if you are not looking at the whole picture. Free police records that you can find on your own may very well leave out some very important pieces to the puzzle. For this reason i always advise to do your homework to ensure that the information that you are getting is both complete and 100% accurate.

Social Media Bible - Everything Legal Professionals Need to Know About the New Media Revolution

2008-06-13T09:25:00.000-07:00

I remember years ago, I was working with a nice fellow from the Philippines who could barely speak English and who acted scared as hell of going to court because of it! One of the things that I do most often is act as a kind of cheerleader trying to convince father's that they "can" do this as long as they're prepared. It doesn't matter if you can speak English or not, or even if you're scared as hell. If you're prepared, in writing and package your case correctly, you'll do as well as anyone.

So, this guy spends a great deal of time writing up a responsive declaration to a restraining order that his wife is trying to obtain against him. He also responds to her false and/or grossly distorted allegations involving parenting and divorce, serves everything correctly...to all the right parties and files everything correctly at the different departments of the court. He goes to court with the following strategy.....he says to the judge, "Your Honor, I'm a little nervous today, so I've taken the time to put everything I have to say in writing. If you have any questions, your Honor, please ask me."

Well, here's what happens, because the guy spoke very little English, acted nervous and had the "guts" to be there in the first place, the judge actually began helping him out...actually jumping on his side, chewing out the "X" wife for bringing such an outrageous request before the court and scolding her for trying to keep the kids from him. The judge not only gave him what he wanted, he asked if it was enough! True story!

Now most of you reading were either born speaking English or are very fluent speakers. If my client can win his case and he can barely even understand basic English, imagine what you can do!

But if you want to remain too scared to try, that's fine. My contention, though, is if you want to improve your personal case you don't need experience and you don't necessarily need an attorney. Instead, what you do need is to become what I call is a "welcomed-guest" in the court room by being prepared in writing prior to the hearing. This shows respect for the court's process and the court becomes more prone to grant what you're asking for.

So that's what we're all about. That's what we do for our clients...we prepare them for court by giving them as much legal information as possible. Not legal advice, just solid legal information based upon what other successful fathers have done in their situations.

12 Steps Of A Class Action Lawsuit

2007-12-08T02:42:00.001-08:00

Thousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.
A class action lawsuit is a lawsuit filed by one or more plaintiffs, who are also known as the "named plaintiffs", on behalf of others who have a similar legal claim. A class action lawsuit allows individuals to join together as a group and all file one lawsuit against a common defendant. These type of lawsuits also allow for attorneys fees and all other costs of litigation to be shared among all plaintiffs, instead of one or a few individuals having to pay the cost, which can be a great deal of money, all alone.
Class action lawsuits are an important legal right for all consumers, and are a very important part of our judicial system and its ability to function efficiently. Thousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.
There are 12 Steps of a Class Action Lawsuit
Filing - Case Initiated - A complaint is filed by the attorney(s) on behalf of the plaintiff(s).
Response - The defendant(s) respond(s) with an answer, motion to dismiss or other legal pleading.
Discovery - Both sides disclose evidence to each other that supports their respective cases.
Certification Request - Plaintiff(s) file(s) a motion to certify the case as a class action.
Certification Opposed - Defendant(s) file(s) opposing briefs to the plaintiff(s) motion for class certification.
Class Action Certification - Judge certifies or denies the class action (if the judge denies, the case can continue as individual lawsuit(s) filed by the plaintiff(s).
Notification - If certified, notification of class action to prospective claimants, who must choose whether to stay in the case or file their own individual case.
Trial - Case is either set for trial, in trial, or has been tried before a judge or jury.
Appeal - A judgment of the trial court has been appealed to a higher level court.
Settlement Phase - Deadline is set for class action members to submit claims with supporting documentation.
Pay Out - Proceeds are distributed to class members.
Dismissed - A case can be dismissed at any point during the ten-stage process. This is not actually a stage, but the end of the process. This means that the case has terminated, at least for now, without the plaintiffs receiving any relief. The plaintiffs may have voluntarily dismissed the case, or the court may have ordered the case to be dismissed. Depending on the circumstances, the plaintiff may be able to file the action again later.

What is a Trust Fund?

2007-12-08T02:41:00.001-08:00

While the common assumption is that trust funds are only for the wealthy, a trust fund can actually be leveraged into an effective financial tool for a larger range of income levels.
The basic concept of a trust places a separate legal entity in control of financial assets (property, savings, etc.) for the benefit of the beneficiary of the trust. The individual who establishes the trust is referred to as the donor or grantor and the group or entity responsible for managing and executing the trust is known as the trustee.
One of the most common goals for establishing a trust is to separate the benefits of property ownership into current and future portions. Common trust designs first pass trust benefits on to one's surviving spouse, and next to the remainder beneficiaries (children, grandchildren, etc.).
What are some reasons for creating a trust fund?
• To help reduce certain types of estate taxes.
• To establish supervision of your assets in case you become unable to personally oversee them
• To transfer your assets more easily to your beneficiaries in the event of your death
• To provide for minors (e.g. your children) who might lack the financial experience needed to appropriately administer their assets
Establishing a trust may not necessarily be the best choice for your situations. Sometimes a well-written will is more effective.
To more fully evaluate your financial and probate law options, contact an Austin Probate Lawyer at Slater & Kennon, LLP. Both professional and experienced, the Austin Probate Lawyers and Slater & Kennon can evaluate your best options, explain them to you in an understandable way, and help you maneuver through the legal and financial documents required to establish a trust fund.

Basic Facts on How the SSA Assess a SSI Benefit Claim

2007-12-08T02:40:00.001-08:00

As its title signifies, the Supplemental Security Income (SSI) program of the government was designed to supplement or increase the financial support given to those people with insufficient incomes and maintain them in minimal standard living condition. This has been funded by the U.S. Treasury Department and managed by the Social Security Administration that has the authority to determine the qualifications of the claimants and subsequently approve their petitions.
Usually, SSI benefits are imparted to low income earners who are either 65 years or older, blind, or disabled.
Before filing an application for a SSI benefit, you should first determine how the SSA assesses your qualifications:
Income
The SSA will definitely look at your record of monthly earnings including your employment salaries, other Social Security benefits and pensions received. The SSA also relies on the area where you live. However, they do not consider the following in calculating your income and determining your qualification.
First $20 of your monthly income received
First $65 of your monthly income earned from performing your job
Food stamp
Housing acquired from private and non-profit associations
Various home energy aids
If you have an employed spouse, a percentage of his or her income and other resources will be included in the SSA's assessment. If you are below 18 years of age, they will consider your parent's and if you happen to be a non-citizen, your sponsor's.
Meanwhile, the SSA does not count the monthly earnings acquired by the disabled or blind people from their jobs if they are to use it in buying items and services they need to perform their duties.
Resources
Your assets, such as your real properties, cash, stocks, bank deposits and bonds, are included in the SSA's determination of your entitlement. The assessed amount of your resources should not exceed $2,000 if you are single and $3,000 if you are married. Yet, they do not count the following resources in determining your qualification:
Your house and piece of land where you are living
Life insurance coverage not in excess of $1,500
Vehicle
Burial plans
On the other hand, filing an application for Supplemental Security Benefit may be done on your own but the problem is, it would be very risky especially if you do not a complete understanding about the terms and conditions of the SSA along with the capacity to defend your case. Thus, it would surely be beneficial for you to seek the assistance of an experienced Social Security attorney or representative to boost your chances of having a successful result.

Social Security Appeals Necessitates Representation

2007-12-08T02:38:00.000-08:00

It is a general idea that an initial application for disability benefits with the Social Security Administration will most likely be denied. In fact, the records show that approximately more than 70% of the total applications filed to the SSA get negative results. Nevertheless, it is good to know that the SSA gives their members the right to appeal their cases.
The Appeals Process
After the disability examiner come up with a decision denying a claim, an individual may still pursue his case if he firmly believes that he is indeed qualified to get his disability benefits. The next thing that he should do is to file a request for reconsideration to the SSA. This is what will happen next:
The SSA will examine all the information stated in the application and make sure that all of the needed data are complete. If not, they will try to contact the applicant to get the missing or ambiguous information.
The claimant will be asked to fill up a disability report and sign medical release documents.
The case information and documents will be sent to the assigned office, which will determine whether the applicant is disabled or not
Such office may request for further medical documents and records as stated in the claimant's medical report.
They will again thoroughly assess all the medical records submitted including the past ones.
The claimant may request for a meeting with the office to discuss other matters.
The decision will be sent through registered mail.
Nevertheless, if the SSA denied an appeal for reconsideration, the claimant may still bring his case to the Administrative Law Judge for review. The ALJ has the authority to agree, revise, or completely reverse the decision of the examiner. If the ALJ agrees, the applicant then may result to his final appeal to a civil court, which has the final say on the matter.
Right to Representation
On the dread of being charged with such a high professional fees, most applicants refuse to hire their representatives in filing their appeals. This belief has resulted in many denials and longer period of acquiring their benefits due to the applicants' incompetence and lack of knowledge in pursuing such dealings.
Like in any court litigation, it is definitely important to understand what laws that applies in a particular case. Thus, an experienced SSI disability lawyer, who has the sufficient skills in defending a claimant's rights, can increase the possibility of gaining good outcome in a Social Security procedure.

Immigration Australia - September 2007 Change

2007-11-25T20:21:00.002-08:00

Every year, many people from all over the world are doing Immigration Australia. Most of them successfully get the visa and immigrate to Australia while few of them failed. However, the majority of them apply General Skilled Migration (GSM) visa.
September 2007 Immigration Australia law Change
DIAC (Department of Immigration and Citizenship) announced the General Skilled Migration Reforms On Sep 2007. This Legislation Change has big impact on General Skilled Migration (GSM) visa applicant.
Overview
The key changes include:
* increasing the English language threshold requirement for all GSM visas;
* Setting recent work experience as a requirement uniform across all offshore GSM visas;
* adjusting the points test.
* limiting Migration Occupations in Demand List (MODL) points to applicants with work experience;
* allowing overseas students with 50 point occupations to apply for GSM in Australia;
* clarifying the 2 year study requirement;
* creating a temporary visa for former Overseas Students.
Important Changes
English requirement
DIAC changed the basic requirement from vocational English (Listening:5 Speak:5 Read:5 Write:5) to competent English (Listening:6 Speak:6 Read:6 Write:6). And they adjust the point test to benefit those applicants with strong English skills. Professional English require you got 7 on every part. (Please note it is not an average 7.)
Moreover, all applicants need to provide English language test result before they submit the visa application after Sep 1st, 2007.
Accounting MODL
Accounting can only get 15 from MODL if you have 1 year working experience after you graduate after Sep 1st, 2007.
2 Year Full time Study
You can study a 1.5 year course for 2 years before Sep 1st, 2007. E.g. you are studying Information Technology Master Degree which has 12 subjects. You can leave 1 subject to the fourth semester and still belong to 2 years study experience before. However, you can not do it after Sep 1st, 2007. You need to study 4 semester full time.

Offshore Company Formation - Slogan of Modern Times

2007-11-25T20:21:00.001-08:00

Offshore company formation has plenty of benefits, for the company as well as the country in which the company is being formed. It gives companies a wonderful opportunity to expand their horizons, if they capture a new market and get involved in activities which would earn them goodwill. Goodwill, it must be said, is like oxygen for any business enterprise. It would not be an overstatement to say that a unit can function without money but certainly cannot function without approval from people in whose land it has to come up. Quite a few business houses, and big ones for that matter, have faced closure because of lack of public approval.
What are the advantages that entice an entrepreneur for offshore company formation? Well, the advantages are plenty and, therefore, the enticement is immense. For starters, there are some places with huge manpower and where labour is cheap. Companies involved in automobile sector, shipping industry etc. get a shot in the arm with the availability of such huge human resource. Workers employed at lowest levels do not even require any specific education, which makes it even simpler for companies to get employees.
There are countries where the availability of people with technical background is immense and it becomes a happy hunting ground for companies in the IT sector. Similarly, people with management background are taken up by management firms. It is impossible to assemble all these people in one country; but if entrepreneurs decide to take their enterprises to places where labour is plenty and cheap then it would prove to be beneficial for both parties; one would get employment and the other employees. Together they can combine to take the business to new highs. No wonder then that present times have seen the mushrooming of outsourcing culture, where the job is outsourced to companies in far flung areas. Indeed, offshore company formation is the slogan of modern times, and this phenomenon is only going to rise more and more in times to come.

What Attorneys Do To Cops In Court

2007-11-25T20:20:00.002-08:00

Why are we trying to learn to get admissions and/or confessions from suspects, anyway?
We desire such evidence to present at trial, or to build such an overwhelming case that the case doesn't even go to trial in the first place.
If that is indeed the goal, let's take a quick look at what we may encounter in a typical criminal trial.
In my years as a law enforcement officer, I've had the occasion to watch many attorneys conduct themselves in civil and criminal courts.
In fact, the average police officer spends much more time in front of a judge and/or jury than most attorneys.
Many attorneys have told me that trials represent a failure on their part to successfully plea-bargain a case, so they don't actually get to trial often.
In my conversations with many top-notch criminal defense attorneys, certain things are always emphasized in the representation of any criminal client.
In the pre-trial "game plan", the attorneys sketch out a plan of attack, basically as follows:
Attack the reason for the contact - if attorneys can establish that there were no grounds or authority for the initial contact, this will result in the exclusion of evidence.
How do they commonly establish the lack of grounds or authority?
One way is to dispute the officer's testimony concerning his/her initial observations which led to the contact, usually by implying that the officer is lying or embellishing.
An absolute counter to this is to obtain an admission from the suspect of the observed behavior which prompted the contact.
Attack the Officer's Conduct - coercion, force, fear, intimidation (either actual or implied) will always be ready avenues for defense exploration.
It's important to note that criminal defense attorneys may attack not only the officer's conduct during a particular contact, but they may use the officer's past history in an attempt to establish a pattern of past misconduct.
We have to think back no further than the well-publicized O.J. Simpson trial in which Mr. Simpson's attorneys discredited a police investigator by bringing up racially disparaging comments made by the investigator years prior to the Simpson prosecution.
Attack the decision to initiate action - if not successful in attacking the officer's reasons for the initial contact or the officer's conduct, most defense attorneys will move to attack the officer's decision to take action against the defendant.
Lack of reasonable suspicion and/or probable cause will be bandied about at this stage of the defense.
Evidence issues - if unsuccessful in the above arenas, most attorneys will move to the evidence itself and the chain-of-custody issues surrounding that evidence.
If the evidence gets excluded, most trials cannot be prosecuted.

It's Safe to Raise Rates by 5-6 Percent for Corporate Clients

2007-11-25T20:20:00.001-08:00

Law firm hourly rates have been going up since 2006 and the time to raise fees is now, according to data in a new survey of in-house lawyers. The survey reveals that it is safe for law firms to increase their rates by 5.3% up to 6% on hourly rates for their corporate clients.
The survey is full of good news for law firms. It was conducted by the Association of Corporate Counsel and Serengeti Law, the #1 ranked system for matter management and e-billing, based in Bellevue, WA. Named the "2007 ACC/Serengeti Managing Outside Counsel Survey Report," it was the biggest survey of its kind with responses from 263 corporate law departments.
In-house corporate counsel are expecting a rate increase of 5.3% on average:
"For 2006, the average change in outside counsel hourly rates was an increase of 6.0%, higher than last year's increase of 5.2% (compared with increases of 5.7% in 2004, 5.0% in 2003, 5.4% in 2002 and 6.3% in 2001). The percentage increases in hourly rates have headed back up to levels higher than the past five years. As in past years, in-house counsel were unrealistically optimistic about their ability to keep a lid on increases in hourly rates, with the actual increase (6.0%) exceeding last year's prediction (4.8%). The average hourly rate increase predicted for 2007 (5.3%) is higher than last year's prediction (4.8%), but lower than this past year's actual increase (6.0%)."
The balance of fee-setting power favors law firms:
In the past, in-house counsel were having some success in keeping the hourly rate increases in check. "However, during the past three years this trend has reversed, with higher rates of increase in hourly rates. In addition, in-house counsel project an even greater increase in hourly rates during the coming year than they projected last year. Since in-house counsel have consistently underestimated such increases, it is likely that the rate of increase will be even higher next year."
"This new development may be indicative of a shift in the balance of bargaining power between in-house counsel who need high quality legal work and their outside counsel who provide it." Most (83%) in-house law departments are tiny, with 10 or fewer lawyers, and they generally use home grown paper and manual systems to collect information on legal spending. Many also admit that their systems lack basic safeguards, such as verification of data entered and spreadsheet formulas, and maintenance of an audit trail.
Additional findings were good news for law firms:
Predominance of hourly rates. An increasing percentage of in-house counsel - 95% -- are sticking with standard hourly rates for a majority of their outside legal work. Nearly half of the in-house lawyers said they do not use alternative fee arrangements,
Little client oversight. 75% of in-house counsel do not actively or systematically mange outside counsel, beyond requiring budgets for litigation or requiring that associates have at least 5 years of experience.
Convergence is going away. 75% of law firms do not use "convergence," which is reducing the number of law firms with which a company works on a regular basis. "Convergence does not appear to be gaining momentum," the survey found, because the tactic doesn't meet expectations. The tactic is used primarily with large corporations.
Cutting fees is not the top client priority. The most pressing issue facing in-house counsel is keeping track of company activities that might have legal implications. They are preoccupied with Sarbanes-Oxley and high profile trials of corporate executives and in-house counsel. These issues are making "in-house counsel more likely to bring in outside help, and less sensitive to higher hourly rates."
Few corporate RFPs. 76% did not issue a Request for Proposals during the past year. "One reason that this practice has not gained momentum may be the historical low rate of law firm responses to RFPs. In past years the response rate was about two responses for each RFP."
Spending on law firms is up. "The overall median percentage of outside legal spending compared to company revenues was higher than last year. This year, on average companies devoted .38% of their worldwide revenues to outside legal spending."
Marketing advice
There is a great deal of turnover among law firms working for corporate clients. About half of in-house counsel now state that they have terminated relationships with some of their outside counsel during the prior year, creating openings for new law firms to get their work. Specific reasons for termination include failing to perform according to client expectations, costs that were too high, poor work product or results, poor communication and personality issues.
This means that law firms with corporate clients should redouble efforts to keep them. "An important message for law firms is that they should consider redirecting at least part of the time and money that they are spending on new client marketing, to assess and address existing client concerns."
About the survey
Seven years ago, Serengeti Law began surveying members of ACC every year. A record number of 263 law departments responded this year, representing companies in manufacturing, health care, banking/securities/financial services, consumer products retail, and software/internet. Respondents who are general counsel constitute 62%of the respondents, and "assistant general counsel/staff attorney" constitute 11%.
For purposes of the survey, company size is defined as follows based upon annual worldwide revenues for 2006:
"Small" companies with $100 million or less.
"Medium" companies with more than $100 million through $1 billion.
"Large" companies with greater than $1 billion.
Using these definitions, the breakdown of respondents by company size is: "small" companies-28.4%; "medium" companies-38.4%; and "large" companies-33.2%.
Small companies have a median of 4 law firms, medium companies have 8 firms, and large companies have 15 firms. Median outside counsel spending varied significantly, with small companies at $300,000, medium companies at $1.18 million, and large companies at $3 million.

Business Development Advice from the Chair of the ABA Commission on Women

2007-11-25T20:19:00.000-08:00

She is no ordinary lawyer. Roberts is the Chair of the ABA Commission on Women in the Profession, a prominent national position that gives her frequent exposure on the wide range of issues facing women lawyers. And she does it while being a mother of four, wife of another partner in her firm and full-time business litigator at a 400-lawyer firm.
Only 17% of women lawyers are equity partners, and most firms have just a lone woman rainmaker - statistics that Roberts finds distressing. "Becoming a rainmaker always been somewhat challenging. It's so much more challenging for a woman," she said.
But she herself is active in four local charities, which brought her referrals. She is a regular public speaker before audiences of clients, and she attends trade association meetings in the industries of her clients.
How does she do it all? "I gave up on sleep," she joked. "Seriously, my husband and I made the decision that by having two people working full time, we have to pay for nannies and support help." Help is essential, especially when one of your kids is on two traveling soccer teams.
Getting Business from the Bar (or other Organizations)
And so is focus. Roberts pursues activities and passions where she can build relationships. For her it's been the American Bar Association, where she began more than a decade ago by working her way up the Litigation Section. Her husband gave her an early demonstration of networking.
"I was attending an ABA Litigation section meeting. My husband, who is also a lawyer and avid golfer, was with me and he went out for a round of golf. He came back to lunch with another couple: one, a potential client whom he had been golfing with, and his spouse, who was a litigator attending the ABA meeting. She and I had never spoken though it's only a group of 200 people! Meanwhile, these two guys played one round of golf and had already exchanged business cards and followed up with notes to each other," she said.
Roberts devoted herself to the ABA and today is a member of the ABA House of Delegates, the ruling legislative body. She served on the Board of Governors - the ABA's board of directors - from 2002-2005, and is a former member of the commission on what is today named the Commission on Racial and Ethnic Diversity in the Profession. She was Chair of the Young Lawyers Division and served on the ABA's Nominating Committee and Special Committee on Governance.
She was following a key rule of business development: to join an organization and become visible in it. "My continuing motive always has been the underlying work," she said. "I've always been a believer in the public service aspect of the ABA." At the same time she started seeing immediate business benefits, because South Carolina is a small state and lawyers around the country would refer local legal matters to her. "I'm not aggressive about business development in the ABA," she said. "But certainly, yes, the ABA is a good arena to get referrals. Just like golf or trade association activity, once you've worked together with other lawyers you can build relationships."
To achieve her success, she advises other lawyers: "You must treat bar association membership as you would treat a client: honor deadlines and respect other people's time and input. It is not only rewarding, but you'll succeed and will be around a long time and get the opportunities."
Roberts uses several specific techniques to generate new business:
Speaking engagements. "A speech is absolutely a business development opportunity," she said. "Sometimes it doesn't even matter what you're speaking on." She said it impresses clients if they merely see their lawyer on a panel discussion at an industry event. "The ideal setting is when a client is in the audience and you're speaking on something important that directly affects the client."
Niche building. The bane of litigators is one-time engagements. Lawyers typically will work with a client on litigation for years, but when the case concludes, so does the relationship. To overcome this problem, Roberts built a niche practice to offer the same service to multiple clients. "I did a lot of securities fraud class action defense work. A lot of them were one-time cases. What I did was parlay my expertise so it worked for other clients. I can say to one client that I did this particular work for two others. That's how you build a type of expertise into a niche practice," she said.
Referrals from civic boards of directors. Roberts is on the board of the Trinity Housing Corporation, Claflin College, the local YMCA and the local children's museum. "All four of them are outside the legal profession. They clearly introduced me to civic leaders and opportunities to talk about what our firm did. Those opportunities also led me to meet decision-makers of current clients. Board membership is a great way to solidify both the firm's relationship and build my own expertise," she said.
Rainmaking is the key to breaking the glass ceiling that stops women from moving up in law firms. See the other feature articles this month on the same theme. Lawyers who want to smash through the barrier should emulate Roberts' example, starting with her

When Slip and Fall Cases With Injuries Are Easy to Claim

2007-11-25T20:18:00.002-08:00

In today's world, the word seems to be "sue," even when the fault is clearly with the person and not the business where the accident occurred. Unfortunately, in many cases, it is easy to claim injuries from a fall without having to provide any proof. Why is that? Because many businesses, especially retailers, are so haphazard in their methods of safety that they cannot even prove to anyone whether a claim is valid or not.
If stores and other businesses wish to avoid claims of slip and fall accidents, they need to begin by assuring that the aisles are clear and free of any kind of liquid on the floor. The most common occurrences of falls involve spills on the floors that have not been cleaned up. Although it's easy enough to say that people need to be cognizant of where they are walking, the real truth is that business owners and managers need to be aware of spills on the floor, debris in the aisles, and any other obstructions that may cause someone to fall. If you are in the habit of not clearing away obstructions, it is an open invitation for people to claim falls and injuries in order to collect on insurance claims.
One of the most common ways people find to claim slip and fall injuries is that of ice in the parking lot of a business. If the ice is there, it is next to impossible for anyone to say the accident didn't happen because of the ice. It may very well be that the person who made the claim didn't even fall, but when the evidence supports the possibility, there is little anyone can do. Making it easy for people to slip and fall is something that is far too common with businesses, and even sometimes with individual homeowners and apartment managers. It seems to be so much easier with snow and ice to let it go, thinking that the sun will warm up and melt the ice. By doing that, sets someone up for a lawsuit.
Leaving debris in the hallways and entranceways is another way businesses set themselves up for lawsuits. It doesn't matter that someone is capable of walking around the obstruction. If it's there and someone CLAIMS they fell and suffered injuries, there is nothing anyone can do but pay. Unless you have cameras in the area where the accident occurred and were able to videotape it, there is no way to prove it didn't happen. When you set yourself up for a potential accident by failing to exercise proper safety precautions, you cannot blame someone for taking advantage.
Lack of safety precautions is the major cause of slip and fall cases that involve injuries, both real and imagined. Avoid setting yourself up for a potential lawsuit by making certain that all aisles, parking lots, and entrance ways are clear of debris, liquids, ice, and anything else that has the potential for causing injury to others who may enter or leave the property.

Adoption Lawyers

2007-11-25T20:18:00.001-08:00

A substantial part of the adoption waiting moment is tied upward with lawful matters. Adoption lawyers are significant in any adoption procedure. If couples select to adopt children, they must be prepared to get through a lawful process. Without the adoption lawyer's participation, it would be inconceivable to get an adoption finalized giving the adoptive parents complete maternal rights to the adoptive kid.
During an adoption, the adoptive parents are required to lodge a request with the court. In this request the adoptive parents have to offer all sorts of data including the kid's birth certification or birth appointment and place of birth, an assertion of the lawful cause why the birth parents' rights are being terminated, and respective new needed details. Adoptive parents may be capable to finish this request themselves for compliance to the court. However, they would unquestionably be advantageous throughout a process such as this.
During the finalization process of the adoption, it might help to have one present. To finalize an adoption, the adoptive parents must attend a hearing. This hearing usually takes place within a year after a child is placed in the home. An adoption agency will help the adoptive parents through this process but perhaps they would be a good asset in the legality issues involved. During this time the adoptive parents are granted permanent custody of their adoptive child. An adoption lawyer would be helpful to make sure the documents were legal and in tact.
When people choose to adopt internationally, adoption lawyers must be there. There are many legal issues to sort through when adopting a child from a foreign country. Every country has its own laws and regulations. Because of the language barriers, it would be almost impossible for the adoptive parents to read and understand any legal documents drawn up in a foreign country. Adoption lawyers, who are able to translate the documents, are a necessity in foreign adoption. Without the help of them, adoptive parents may find themselves facing gigantic challenges.
They handle the nitty-gritty's of an adoption. There are many details to sort through with adoption, especially foreign adoption. Details such as citizenship and necessary registrations should be taken care of by an adoption lawyer. Important matters which affect adoptive parent's and the adoptive child's legal rights, ought to be seen to by adoption lawyers. They are knowledgeable about the adoption process. They are familiar with the legal issues related to the process and they are likely knowledgeable about loopholes and possible mistakes made in an adoption. Adoption agencies and non-profit adoption organizations will likely have their own adoption lawyers who handle all of the legal matters relative to an adoption. This would definitely be an asset when going through an agency to adopt. This would eliminate the worry of finding a good one for adoptive parents. Their fees will no doubt make up a big portion of the adoption fees. However, unless the legal matters are addressed and taken care of properly, adoptive parents may face problems with their adoption. They provide peace of mind for adoptive parents.

A Look At Washington State's CJ's Law

2007-10-16T05:07:00.003-07:00

“C.J.’s Law”, a law passed in 1998 in the State of Washington, requires certain cube-style deliver trucks to have rear crossview mirrors or a back-up device to alert the driver when someone or something is behind the vehicle.
A young child, C.J. Norton, was tragically killed in Lynnwood, Washington in a parking lot when a delivery truck backed over him. The desire for a new law to protect not only children but all people from accidents like this was pushed for by C.J.’s grandparents. Now mirrors or other devices are required to be installed on these types of delivery trucks as a way of warning the drivers of impending danger before they begin to back up their vehicles. The law was passed by the Washington State Legislature in 1998 and became effective in September of that year.
Now every cargo type truck registered or based in Washington State that is equipped with a cube-style walk-in cargo box, up to eighteen feet in length, and is used to deliver goods or services commercially must be equipped with a rear crossview mirror or other backup device to alert the driver that someone or something is behind the vehicle. This law does not include recreational vehicles like motorhomes or rental trucks used to transport personal property like moving vans.
The required backup devices can be rear mounted crossview mirrors, laser detector, video cameras, or any type of motion sensitive device that can detect movement of a person or object at a minimum of six feet from the rear of the truck.
Many smaller than eighteen foot long vans and delivery vehicles are exempt from this law; for instance minivans, postal type delivery jeeps, and standard sized cargo vans.

Filipinas and Beyond - Verifying Her Story

2007-10-16T05:07:00.001-07:00

A Guide to Investigations and Surveillance
The number of Philippine women involved with European, American, Canadian and Australian men is difficult to estimate. Of course, these aren't the only countries where the Filipinas are escaping to. Filipinas are, in fact, leaving the Philippines in masses. This phenomenon has been taking place for over 20 years or longer, but with the increasing global access to the Internet and the growth of dating websites, scams are on the rise.
Some of the better known sites include Filipinaheart and Cebuanas, but the list is extensive and new websites emerge each month. Some relationships begin in person, while a large majority are begun on the Internet. For those initiating on the Internet, the risk for relationship fraud and scam is at an all time high. Potential victims should be extremely wary of any Filipina asking for money early in the relationship. If there is a chance this woman could be the one, whether in the Philippines or beyond (Colombia, Russia, Ukraine, Brazil, etc), a background check can save a great deal of money and heartache. In short, due to the number of fraud and scam cases in international relationships, it is better to be safe than sorry. The alternative can be costly.
Our three favorite background check services are Owens OnLine, Wymoo International and Philippine PI. Owens OnLine offers a professional service at a reasonable price, although their services are more tailored to business clients. Wymoo International and Philippine PI are industry leaders for confidential investigations for individuals. Wymoo covers over 100 countries worldwide. For the Philippines, however, we recommend Philippine PI because of their local presence throughout the islands.
Depending on your need for information and the Company you choose, professional investigations cost between $350 and $600. Surveillance services may be more, depending on the number of hours worked. Surveillance service should provide detailed reports with photo or video evidence. The insurance and verification is an increasingly wise investment.

Gps Tracking, Is It Legal For Surveillance?

2007-10-16T05:06:00.001-07:00

The use of GPS tracking technology to conduct surveillance by law enforcement agencies and private citizens has been underway for many years. Private investigators have used the technology to discover cheating spouses, misuse of business equipment, insurance fraud, child custody violations and other location related issues. Many privacy advocates have screamed foul about the perceived loss of privacy through the use of this technology. Surveillance activities may or may not be legal depending on the location and type of device.
Recently the 7th Circuit of the US Court of Appeals ruled that placing a GPS tracking device on a vehicle was lawful and did not require a warrant. The federal government argued successfully that placing a device on a vehicle does not violate the 4th Amendment and is not an unreasonable search of the vehicle. The vehicle was not entered and thus was not searched. It means that all that is needed for a law enforcement or government agency to place a GPS tracking device on a vehicle is reasonable probable cause. However when it comes to a private citizens placing a GPS tracking device on a vehicle or an individual it is a much more complex issue. Many States have passed laws that restrict the use of this technology to conduct surveillance unless the device is used on a vehicle owned by the person conducting the surveillance. It is strongly recommended that you contact the office of your States Attorney General prior to conducting any GPS tracking of anyone outside your immediate family. Failure to do so could lead to severe legal consequences.
New micro technology allows GPS tracking devices to be hidden in just about any location. This is especially true for the GPS data loggers. These recorders are placed in a vehicle or on a person for a designated period time. The device is then retrieved and downloaded in to a computer. The information then is displayed on a map showing routes traveled, time in route, at rest, speed and direction. This is a great tool to keep track of your newly licensed teen as well as making sure that your business vehicles are not being used for personal use. These GPS trackers are very hard to detect since they are both small and they do not use cell phone communication technology. Basically there are no records beyond the computers hard drive. Again this makes this type of surveillance very hard to both detect and defend against. The negative side of using a GPS data logger is that the information is history rather than in real time.
Real time GPS tracking devices use both GPS and cell phone technology to provide tracking information in real time. Tracking information is updated at designated time intervals to a company that provides the tracking service. As a subscriber you will log into the companies data base and your tracking information will be downloaded to your computer. Recently the GPS tracking devices have become much smaller making it much easier to hide in either a vehicle, piece of equipment or on a person. While it is illegal for cell phone companies to provide information including tracking information about a customer without a warrant the Federal Communications Act apparently does not apply to GPS tracking providers. The bottom line is that if you use a real time GPS tracking device and provider you risk that the records of your surveillance activities will be discovered.

Marketing Through Blogs Presents New Legal Risks

2007-10-16T05:05:00.002-07:00

In recent times blogs have taken on new meaning on the Internet and World Wide Web. Once considered nothing more than rather offbeat diaries, blogs have become major marketing tools at the present point in time. In fact, today millions of consumers from all walks of life and from all over the globe are turning to blogs to get information and advice about different products and services.
As blogs have become more potent marketing and promotional forces, various legal issues have arisen that warrant close consideration. There are two main concerns in this regard when it comes to blogs and blogging.
First, there is a concern about the inadvertent leak of trade secret information through a blog. Second, there is a concern about the potential for false or deceptive advertising claims that might arise from blogs and through blogging. Never disclose Confidential Information on a blog. There remains a good deal of debate over the true value of a blog when it comes to marketing and advertising. There is a debate over the return on the investment in blogging.
Nonetheless, many businesses are going so far as to encourage their own employees to blog about the products or services offered by these businesses. In such circumstances, it really becomes of paramount concern that the blogging employee does not disclose too much information about a business and its products or services.
An eager blogger could end up revealing confidential information about a business, including vital trade secrets. When this happens, this proprietary information can end up being used by the competition. For this reason, it is vitally important that a blogging employee understand specifically the limitations as to what can and should be revealed through the blogging process.
When any blog or blogger is supported or encouraged by a particular business enterprise or employer it has the very real potential of being considered advertising. With this noted, however, at the present time it is still not entirely clear when a blor or blogger will be subjected to the more traditional advertising and marketing laws, including laws pertaining to disclosure.
Assuming for the moment that a blog in fact is created or supported by a company and intended for marketing purposes, it can be more safely assumed that at least in theory the more traditional marketing laws will apply. The blog could end up being looked at like any other advertisement and false statements could be deemed as being false advertising and hence illegal. On the other hand, First Amendment free speech issues also enter into the mix because of the underlying nature of blogging.
The reality is that the First Amendment does apply more to individual speech than it does to so-called commercial speech. In other words, an individual citizen has more leeway in expressing his or her opinions that does a paid endorser.
With that noted, the more a blog veers towards becoming the purveyor of a commercial message or communication, the more likely it will be subjected to legal scrutiny and the application of the more traditional laws pertaining to advertisement, marketing and promotional claims. There are couple of fundamental considerations that come into play when attempting to determine whether or not a blog is commercial in nature. One key issue is whether or not the blogger is compensated by the company or business in question for creating the blog in the first instance. If the blogger in fact is paid, that blogger might be treated in the same was a paid endorser.
The Federal Trade Commission or FTC has guidelines pertaining to what a paid endorser can and cannot, should and should not do. These guidelines can be found online at http://www.ftc.gov/bcp/guides/endorse.htm
In addition, the Word of Mouth Advertising Association (WOMMA) has a useful ethical guide that can be helpful to a blogger. Finally, a growing number of bloggers are posting disclaimers notifying the viewer that the person is being compensated for creating and maintaining the blog.
Even with disclaimers and even by taking other similar steps, there are gray areas, including whether an employee that creates a blog on his or her own time without receiving additional compensation, or a blogger who receives free product, meets the criteria of receiving compensation. There is now some significant movement in the direction of requiring the blogger to make full disclosure of such a relationship.
Another relevant issues pertains to whether the company has any control over the content of the blog itself. For example, a business that has employees who are encouraged to create blogs could be stuck in a proverbial no-man's land when it comes to laws governing advertisement and their application to that particular blogging situation. If a company does exercise control, it is more likely to be held responsible and liable for acts of copyright infringement, trademark infringement and false advertising committed by the blog operator through the course of the blogging process.
Presently, there are no definitive solutions on how to deal with company bloggers. One course that some businesses are taking is providing their blogging employees with education and training.
In the end, a company likely will want to take care so as not to exercise too much control over a blog By exerting even a minimal amount of control a company may be seen as liable and responsible for the content of any given blog.

Criminal Records Background Check - Why They Are So Important

2007-10-16T05:05:00.001-07:00

What can a Criminal Background Check do for you and your business?
Plenty.
A convenience store clerk on his first day of work walks off with over $1500 in cash. A medium size municipality loses over $10,000 in parking fees and fines over a period of 18 months due to a dishonest employee. A charitable organization is unable to fund many worthwhile activities due to losses caused by a employee in charge of handling contributions. A retail clothing store suffers thousands of dollars in losses in merchandise as a result of employee theft. A store owner is sued because she unknowingly hired a sex offender
What did these employees have in common? All of these employees had prior criminal records that would have been revealed if the employer had just taken the time to perform a simple criminal records background check.
Think it can't happen to you and your business? Studies have shown that at least 30% of the workforce will steal from their employer sometime in their working career and fully 75% of those who do steal will never be caught. It is estimated that over one billion dollars is stolen every week by dishonest employees. It cost on average $20 in sales to make up for every $1 lost through employee theft. And employee theft can actually kill a business. Fully one quarter of business failings are thought to be linked to dishonest employee actions. And don't count on other employees reporting the theft either. Studies have shown that most employees will not report thefts they see.
Performing a criminal records background check is a necessity in todays society. Business's must be aware of who they are hiring both for monetary and legal reasons. A properly performed criminal background check can save you the business owner from having to contend with serious consequences down the road. Every business owner no matter what type of business they are involved in should perform a through check on every prospective employee, vendor or potential business client that they are associated with. The same can be said for individuals that you deal with. Everyday we are made aware of people who were not aware of the past record of the people they are associated with. Sometimes this only results in the loss of money or possessions, other times however the results can be tragic.

Consumer Law

2007-10-16T05:04:00.002-07:00

Consumer law has been designed by the government to protect the consumers. In other words the consumer law or rights that exist protect consumer’s safety and public health. You will find that the consumer organizations have been formed to help consumers make better choices in the products they buy. Let’s look at a recent example for a moment. With trade in China many toys have come in with lead paint. This concerns the consumers as lead paint has been found to be detrimental to health. In the US regulations against the use of lead paint have been created. So for consumer law in the United States that importation of lead based products goes against the consumer laws of safety and public health. The items have of course been recalled based on the consumer law.
There are other areas where consumer law has been designed to save the consumer as well. You will find public law that regulates private law for consumers and businesses that sell goods and services. You will also find product liability, privacy rights, unfair business practices, fraud, misrepresentation, advertising law, and laws that deal with debt or credit repair are also in place for the consumer.
Some of the laws we have based on consumer law in the United States include Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, and many more. Each state can also have certain consumer laws. California has the department of consumer affairs that regulates professionals and professions in the state. This means that under consumer law people and businesses are required to be fair in all consumer based companies.
The National Consumer Law Center is a nonprofit organization in the United States that regulates the countries consumer law. You will find they offer legal services, government and private attorneys, and community organization. When you seek the National Consumer Law Center you are asking for help with a consumer law. In most cases they are going to represent the injured party. The attorneys will have to take the information provided and determine if there is enough evidence for a case.
Consumer law, which is based on protecting the citizens or consumers of the nation are very important, especially when you consider technology. You will find consumer law in advertising has changed dramatically we are no longer seeing a truth in advertising, but a skirting of the truth. In order to protect a consumer against the false advertising or partially misconstrued advertising lawyers and laws have to exist.
If you are looking for a consumer law lawyer you may find the National Consumer Law Center is one place to start looking. You can also find names through referrals or checking the better business bureau online. These places will help you to find the person that is most qualified to help with your type of consumer law case. Keep in mind that a consumer law case must find unsafe products or health conditions to be considered under the consumer law title.

DUI Law

2007-10-16T05:04:00.001-07:00

With the increasing number of accidents associated with driving while under the influence of alcohol or DUI’s the DUI law has changed and there are now many lawyers who practice DUI law in order to represent the individuals accused of DUI’s. If you are unaware of the laws in your state regarding DUI law you will need to research the laws a little. For instance in most states the blood alcohol level has now been changed to where one beer could be considered a DUI. When you are trying to understand what the DUI law is you have to look at the results of driving while intoxicated.
You can now suffer jail, fines, loss of driver’s license, ignition interlock devices, alcohol education programs, and community service depending on the laws in your state. When you are pulled over for suspicion of being drunk the officer will provide a blood alcohol concentration test. If you are found to be above the level for your state you may find yourself facing jail and towing fees for your level. In most cases it will result in having the other driver, if there is one being tested and switching drivers if the level is found to be satisfactory. You can also call an individual to come pick up you and your car if the office does not see jail as a necessity. If you are not taken directly to jail you will at least be given a ticket with fines and possibly the alcohol education program depending on the officer.
If you find yourself breaking the DUI law and in jail, you will need to hire a qualified DUI lawyer. The lawyer will take a look at your case, determine if you need to plea bargain or fight the charges. The DUI lawyer will be able to help determine how you broke the DUI law, the percentage of your blood alcohol level in regards to the law, and how to proceed. In most cases if it is a first offense you will find yourself with a probationary period if the level was not exceeding the limit by great bounds. It will also depend on how dangerous you were considered by the officer, such as weaving in and out of lanes, driving over the speed limit, and other traffic violations. In most cases you will find the ignition interlock device is required when you have broken the DUI law. This device will test your blood alcohol level before you can start the ignition. If you are found to be over the legal limit the car will not start. If you have been found okay you will be able to drive the car home, but you will be tested every few minutes to make sure a driver has not switched to allow a more intoxicated driver from taking over. You will also find the DUI law uses this tool to prevent a full license suspension of the DUI offenders. The DUI law has been increased to provide safety on the roads.

Finding A Lawyer

2007-10-16T05:03:00.002-07:00

Do you think you have a case for personal injury, malpractice, divorce, or any other type of law? If you do you will need a lawyer. The trouble is there are several thousand lawyers out there just on the internet and the choice in finding a lawyer appropriate for your case becomes more difficult. When you are trying to find a lawyer there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of lawyer you need finding a lawyer becomes a little easier.
You may have a general practice lawyer or someone you have dealt with in business law. Most of us know someone who has had a lawyer or have already used a lawyer in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their lawyer can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
In law there are those who try to find as many cases as possible regarding personal injury as it is how they get paid. To avoid this type of lawyer you will want to check their record. You can speak with the courts on the cases they have won, lost, and how many years of practice. You can seek the state bar exam board to check up on them, and you can always check the better business bureau for information. You don’t just want to use the internet, newspapers, and telephone book to find a lawyer.
The key to finding a lawyer that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some lawyers will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course the lawyer.

Chain of Custody Issues in Narcotics Cases

2007-10-16T05:03:00.001-07:00

As a narcotics prosecutor, getting drugs into evidence is often times the last thing you think about. This is not surprising, as you often times are worrying about how your police officer is going to describe his transaction with the defendant or how you plan on cross-examining witnesses. But having a thorough understanding of the legal requirements for getting your drugs into evidence and establishing chain of custody is critical. If you cannot get your drugs in evidence, then you have no case, regardless of how well your police officers testified or how effective your cross-examination was.
A prosecutor must establish two things to get drugs admitted into evidence. First, the prosecutor must show that the drugs offered at trial are the same drugs associated with the crime for which the defendant is charged. Second, the prosecutor must show that the drugs have not been tampered with.
How can a narcotics prosecutor provide reasonable assurances to the court of a drug's identity and unchanged condition? The answer lies with establishing an unbroken chain of custody. Establishing an unbroken chain of custody is not rocket science. In fact, as the New York Court of Appeals has observed, establishing it should be resolved in a common-sense fashion. People v. Julian, 41 N.Y.2d. at 342-44. Moreover, once an unbroken chain of custody has been established, any defects in the chain will ultimately affect the weight the jury places on the evidence, as opposed to its admissibility.
The critical factors that a narcotics prosecutor must establish are that the drugs at issue have remained in police custody throughout, and that the chemist received a sealed, identifiable container holding those drugs. People v. Matos, 255 A.D.2d at 156-57. Here are some of the questions to ask yourself in determining whether the drugs have remained in continuous police custody.
-Are the drugs in substantially the same condition as when the officer had recovered them?
-Were the drugs placed in a sealed narcotics envelope at the scene of the defendant's arrest?
-Did anyone else have access to the drugs apart from the officer in possession of the narcotics envelope?
-Were the drugs taken from the scene and brought to the precinct?
-Were the drugs assigned a unique voucher number?
-Were the drugs placed inside a narcotic safe at the precinct until they came into the possession of a police chemist?
It is the last question that some savvy defense attorneys will take issue with. Typically, drugs are not tested immediately after a defendant's arrest. In some cases, a few weeks to a month elapse before drugs are tested by the police chemist. And, when drugs are tested, they do not go directly to a chemist, but instead to the laboratory. Only when the chemist is ready to test the drugs does a clerk assign the drugs to the chemist. When the chemist is done testing the drugs, the chemist will then give it back to the clerk, who then secures it.
Using these facts, a defense attorney will argue that a drug's chain of custody could not be established, because the officer who recovered and vouchered the drugs did not see the drugs between the time he recovered it until it was tested, and because the chemist did not remember who had given him or her the narcotics or who had come to retrieve them after the testing.
Most judges know that these arguments are without merit. But you must be prepared for them, because if a judge does not understand chain of custody as it relates to narcotics, a defense argument like the one above will sound logical. In such a case, a judge will starting ordering you to call every witness who touched the drugs or who had access to them, from all the police officers who were responsible for the narcotic safe to the clerks at the laboratory who retrieved the drugs.
Of course, so long as you can show that the drugs were continuously in police custody and were in sealed condition, you have provided the reasonable assurances of the identity and unchanged condition of the drugs for its admissibility. But, just because you were able to get the drugs into evidence, does not necessarily mean the jury will give it the appropriate weight. If the defense starts cross-examining your witnesses on chain of custody issues, then he will more likely than not raise those arguments to the jury during his summation. You should consider protecting your case by calling a few witnesses that can bolster your proof that the drugs were, in fact, in continuous police custody.

How To Form A Public Company Limited By Shares

2007-10-16T05:02:00.000-07:00

A public company limited by shares is a type of company whose shares can be traded in a public stock exchange. The name of the company is always suffixed by PLC (Public Limited Company). In order to form a limited company, it must be registered with the Companies House.
There are a few minimum requirements that must be taken care of when incorporating a public company limited by shares. The minimum share capital requirement to form a public limited company is £50,000 and out of this 25% must have been paid for. Secondly, in order to start a public limited company, it is necessary to have a minimum of two shareholders and two directors. One of the directors can also assume the role of a company secretary. Finally, a certificate of entitlement is a necessity in order to borrow capital and do business. The fulfillment of all these requirements is absolutely necessary in order to incorporate and register the company.
While choosing the company directors for a public company limited by shares, some things have to be kept in mind. The person must not be bankrupt or disqualified under law from holding a directorship. He must not be 70 years of age during appointment or while in office, until a special resolution is passed regarding the same. However, there is no minimum age for appointment of the director in under UK law. But appointment must be carried out only after the consent of the person.
The secretary and the joint secretary of a public company limited by shares must also be chosen with great care and after considering a number of factors. He must be a capable and knowledgeable person who is aware of his responsibilities in the company. He must be quite experienced in his field of work. Even barristers, attorneys or solicitors who have been practicing in UK are eligible for the post.
Forming a public company limited by shares is quite easy. It just requires the submission of a few documents with the Companies House. This process can be undertaken either manually, electronically or through a company formation agent.

How Social Security Benefits Help the Disabled

2007-10-10T04:21:00.002-07:00

The Social Security Administration pays disability benefits in two different ways. The first way is through the Social Security disability insurance and the second one is through the Supplemental Security Income (SSI) Program.
Social Security pays benefits to people who can’t work because they have a medical condition that is expected to last at least one year or result in death. The federal law requires such strict definition of disability, while some other programs give individuals benefits who have a partial-disability or have short-term disability, Social Security doesn’t. An individual must meet certain earnings requirements in order to be eligible for benefits. Individuals must meet two different earnings tests to be eligible for disability benefits. The first test is a “recent work” test which is based on the individual’s age at the time they became disabled and the second test a “duration of work” test to show that they worked long enough under Social Security. An individual should apply for disability benefits as soon as they become disabled because it can take a long time to process the application for disability benefits. It typically takes about 3 to 5 months. After the application is sent the Social Security Administration will review their application and make sure they meet some basic requirements for benefits such as whether they worked long enough to qualify and they will evaluate any current work activities. If these requirements are met then they will then send your application to the Disability Determination Services office in their state. This agency makes the decision for the SSA, they use their doctors and disability specialists to ask their doctor information about their condition, all facts in their case will be considered. They will also use evidence from any hospital, doctor’s office, clinics or institutions that the individual has been treated in order to obtain all other information.
The Supplemental Security Income program makes monthly payments for individuals with low income and few resources who are also disabled. They also make monthly payments for individuals who are 65 and older and individuals who are blind. In order to be eligible to obtain SSI benefits, the eligibility is based on income and resources which are the things an individual owns. According to the Social Security Administrations income is defined as money you receive such as wages, Social Security benefits, and pensions. Income can also include such things as food and shelter. The amount of income an individual can receive each month and still get SSI depends partly on where the individual lives. In order to obtain information pertaining to how much an individual will receive based on the state they live in, they should call the Social Security Administration at 1-800-772-1213. Social Security doesn’t count all of an individual’s income when deciding whether or not they qualify for SSI benefits. Things that Social Security doesn’t count are; the first $20 a month of most income an individual receives, the first $65 a month an individual earns from working, and half the amount over $65, food stamps, shelter they receive from a nonprofit organization(s) and lastly most home energy assistance. If an individual is married the Social Security Administration also includes a part of their spouse’s income and resources when deciding whether they qualify for SSI, and if an individual is under the age of 18 the SSA includes part of their parent’s income and resources and if an individual is a sponsored noncitizen they may include their sponsor’s income and resources. If the individual is a student then some of the wages or scholarships they receive may not count. If an individual is disabled but works Social Security doesn’t count wages an individual uses to pay for items or services that may help them work, for example if an individual buys a wheelchair to be able to work, Social Security doesn’t count those expenses when deciding whether they qualify for SSI benefits. Social Security also doesn’t count any wages a blind individual uses for work expenses, for example transportation to and from work are not included in determining eligibility for SSI. Lastly, if an individual is disabled or blind some of the income they use or save for training or to buy things they need to work may not be counted. Resources that are counted in determining eligibility for SSI benefits are; real estate, bank accounts, cash, stocks and bonds. An individual may be able to get SSI benefits if their resources are worth no more than $2000, and a couple may get benefits if their resources are worth no more than $3000. Also if an individual owns property that they are trying to sell, they may be able to get SSI while they are trying to sell it. Social Security does not count the following in determining an individual’s eligibility for benefits. First the home they live in and the land it’s on, life insurance policies with a face value of $1,500 or less, an individuals car (usually), burial plots for an individual and members of their immediate family and lastly up to $1,500 in burial funds for the individual and up to $1,500 in burial funds for their spouse. Other rules that an individual must meet for eligibility are; to obtain SSI they must live in the U.S. or the Northern Mariana Islands and be a U.S. citizen or national. In some cases, noncitizen residents can qualify for SSI. For the rest of the rules an individual must meet in order to be eligible for SSI benefits please visit the social security web site .
It should be noted that the basic SSI amount is the same nationwide however many states add to the basic benefit. In order to find out whether an individuals state adds extra benefits call the Social Security Administration. Lastly the Social Security Administration manages the SSI program however even though Social Security manages the program, SSI is not paid for by Social Security taxes. SSI benefits are paid for by the U.S. Treasury general funds, not the Social Security trust funds.

Who Can Claim Unfair Dismissal?

2007-10-10T04:21:00.001-07:00

If you have been dismissed from your employment you may be able to claim unfair dismissal. Unfair dismissal is a legal term which applies to a dismissal from employment which is deemed by an employment tribunal to be unfair.
Unfair dismissal is a right which comes from the Employment Rights Act 1996. It is therefore a statutory right. It can only be claimed in an employment tribunal and not in a court.
Employment tribunals are very similar to courts but theoretically they have more relaxed rules on procedure and in relation to evidence. I say in theory because in some areas tribunals are just as strict when it comes to following the rules in relation to evidence.
So who can claim unfair dismissal? There are certain criteria that must be met.
The first is that you must have been an employee. Being a worker such as an agency worker or being self-employed is not enough.
The second is that you must have at least one year's continuous service. There are some exceptions to this rule. If you have been dismissed for such things as your trade union activities, performing health and safety duties or whistle blowing you may be able to make a claim in your first year of service. This list is not exhaustive but these are the most common exceptions.
The third is that you need to have been dismissed. This can be with or without notice from your employer. It can also include a situation where you are forced to resign because your employer has breached a major term of your contract, for example where your employer breaches the implied term of trust and confidence.
If you meet the above criteria then you may be able to bring a claim for unfair dismissal. Whether or not your dismissal was fair depends on the reason for the dismissal, whether the statutory dismissal procedure was followed and whether a generally fair procedure was followed.
For your employer to fairly dismiss you it first must show that the reason for the dismissal was a potentially fair reason under the Employment Rights Act 1996. The most common potentially fair reasons are (mis)conduct, capability (either a lack of skills or ill health making you incapable) and redundancy.
Even if your employer can show that it has dismissed for a potentially fair reason then it must still show that it has followed the statutory dismissal procedure. To comply with this it must write to you giving you the reasons why it contemplates dismissing you and invite you to a meeting discuss the situation. It must give you adequate time to prepare for the meeting and give you all the information it will be relying on at the meeting. At the meeting it must listen to your representations. It should make a decision following the meeting and confirm it in writing. If the decision is taken to dismiss you then you should be given a right of appeal. If you do appeal your employer should hold an appeal meeting and following the meeting it should confirm the outcome in writing. If this procedure is not followed the dismissal will be automatically unfair.
Finally your employer must follow a fair procedure. What amounts to a fair procedure depends on the circumstances of the case. So for example if you have been dismissed for misconduct then your employer needs to have fully investigated the situation, let you know what they have found out during the investigation, given you an opportunity to have your say at the disciplinary meeting and considered whether in the circumstances it would be fair to dismiss you. A failure to follow a fair procedure may result in a finding of unfair dismissal.

How to Appeal a Social Security Disability Denial

2007-10-10T04:20:00.002-07:00

If an individual applies for Social Security disability insurance and is denied there is an appeals process they can through in order for reconsideration of their application.
If an individual wishes to appeal the Social Security Administration’s decision regarding their application for disability insurance they can do so, however they must make their request in writing within 60 days from the date they received Social Security’s denial letter. The Social Security Administration assumes that the individual receives their letter five days after the date posted on the letter, unless an individual can show them they received it later. There are generally three or four levels of appeals; the first being reconsideration, second is a hearing by and administrative law judge, third is a review by appeals council and lastly is a federal court review. When the Social Security Administration sends an individual their letter about their decision on their claim they give them instructions on how to appeal the decision.
The first level of appeals is reconsideration. Reconsideration is a complete review of the individual’s application by someone who didn’t take place in the first decision. The individual at the Social Security Administration reviewing the application will look at any evidence submitted when the original application was sent in and also any new evidence. Most of reconsideration reviews are done without the individual present, however if the individual is appealing a decision that they are no longer eligible for disability insurance because their condition has improved, they can meet with a Social Security representative to explain to them why they believe they still have a disability.
The second level of appeals is a hearing by an administrative law judge. If an individual disagrees with the reconsideration decision, they may ask for a hearing. The administrative law judge conducting the hearing is one who had no part in the first decision or the reconsideration decision in the individual’s case. The hearing is held usually within 75 miles of the individual’s home, and the administrative judge notifies the individual of the time and place of the hearing. The individual and their representative (if they have one) may come to the hearing to explain their case to the judge in person; they may look at the information in their file and give any new information that they have. In order for the administrative law judge to make his/her decision they will question the individual and their witnesses they bring to the hearing. Other witnesses such as medical and vocational experts may also give the judge information at the hearing. The individual or representative then also may question the witnesses. It is usually to the individuals advantage if they attend their hearing, however if they chose not to do so they must notify the Social Security Administration in writing that they don’t want to attend. In some situations they hearing may be held as a video conference rather than in person. The individual will be notified ahead of time if this is the case. A video conference is often more convenient for the individual, it also is usually faster to schedule a video conference than an in-person hearing. Lastly the video conference may also make it closer to their home so it would make it easier for the individual to have witnesses and others accompany them. Unless the administrative law judge believes that the individual presence is needed to decide the case he or she will make their decision based on all the information in the individual’s case and that’s including any new information. Lastly when the administrative law judge has reached their decision the individual will be sent a letter and a copy of the administrative law judge’s decision.
The third level of appeal in denial of Social Security disability benefits is an appeals council. This level of appeal happens when the individual doesn’t agree with the hearing’s decision they make ask for a review by the Social Security’s Appeals Council. The Appeals Council looks at all requests for review, they can however deny a request if they believe that the decision of the hearing was correct. If the Appeals Council decides to review the individual’s case it will either decide the individuals case itself or it will return it to an administrative law judge for further review. If the Appeals Council denies the individuals request for a review they will send the individual a letter explaining the denial, if the Appeals Council makes a decision on the case the individual will be sent a copy of the Appeals Council’s decision, and lastly if the Appeals Council returns the case to an administrative law judge for further review the individual will receive a letter and a copy of the order for further review from the Appeals Council.
The last level of appeals is federal court. If the individual disagrees with the decision of the Appeals Council or the Appeals Council denied request for a review of their case, the individual may file a law suit in a federal district court. The letter that the Social Security Administration sends to the individual explaining about the Appeals Council’s action will also have information regarding how to ask a court to look at the individual’s case.
An individual may still be eligible to receive disability insurance while the Social Security Administration makes a decision on their appeal if, the individual is appealing a decision that they can no longer get Social Security disability benefits because their medical condition is not disabling or, if the individual is appealing the Social Security Administration’s decision that they are no longer eligible for SSI payments or that their SSI payments may be reduced or suspended. If the individual wishes to continue receiving benefits they must notify the Social Security Administration within ten days of receiving the administration’s letter. If the individuals appeal is turned down they might be required to pay back any money they were not eligible to receive.

Tips for Finding the Right Criminal Defense Attorney

2007-10-10T04:20:00.001-07:00

If you or a loved one ever face criminal charges, there's no doubt that you will experience a tremendous amount of anxiety. And, in the midst of your distress, you'll need to select a criminal defense attorney. The urgency of your situation may hinder your ability to give careful consideration to finding the right attorney to represent you or your family member.
All practicing attorneys are educated in a variety of areas of law, and regardless of whether you live in Bothell, Washington or Ft. Lauderdale, Florida, all licensed attorneys will meet the requirements set forth by your state. That doesn't mean, however, that every attorney has experience in handling criminal defense. Here, then, are tips to help you select the criminal defense attorney that will best serve you or your loved one.
1. Look for a Team, Rather than an Individual
Although many law firms employ a business strategy that calls for assigning a single lawyer to each case, this is often not the best approach to criminal defense. For example, when the assigned attorney is working on another case, out of the office, or on vacation, you won't be able to reach her or him. In addition, since even an attorney with considerable experience isn't well versed in every situation, your case may suffer. Further, those who are prosecuting your case have a whole team of experts at their disposal; you should have a team on your side as well.
Ideally, you should select a law firm that works as a team. A former prosecutor and a former public defender, for example, would bring distinct perspectives to your case. In addition, the attorneys should have access to investigators and experts who will work on your behalf.
2. Look for Specific, Relevant Experience
Just as you wouldn't consult a mechanic if you needed your house painted, you shouldn't hire attorneys that focus on class action suits when you need lawyers who will mount your criminal defense. Find a law firm that concentrates on just a few types of legal matters, including criminal defense. For example, you might look for attorneys that have experience handling DUI, traffic ticket defense, probation violation hearings, and general criminal defense.
3. Get an Assurance of Trial Preparation
Often, criminal defense cases are plea bargained or settled out of court. Attorneys know this, so many law firms will agree to represent you but will never prepare for a potential trial. The result may be a cost savings to you, but such a move may cost you more in the long run. A law firm that prepares for trial is in a much better bargaining position than one that doesn't. When prosecutors know that your attorney is fully prepared to go to trial, you'll be more likely to get a favorable plea bargain or even to have your charges dismissed entirely.
4. Obtain the Fees in Writing
When you don't understand the basis for legal fees, or when an attorney charges by the hour with no limit in place, you can find yourself in financial ruin. On the other hand, you do get what you pay for when it comes to criminal defense matters. Find the balance between the quality of your lawyers and the fees they charge. The best way to do this is to find a law firm that operates on a fixed price (including a trial), and that openly provides their fee structure. Ideally, they should offer a free consultation, at which time they will fully disclose - in writing - all possible costs and fees associated with your case.

Car Accident Injuries and Establishing a Valid Claim

2007-10-10T04:19:00.000-07:00

In the United States and particularly in Los Angeles County, California, car accidents are one of the leading causes for the high number of claims involving personal injury that are filed in courts.
As the number of cars on the road increases, and everyone is hurrying to get to their destinations, it is not surprising that many car accidents happen, daily.
According to the data released by the National Highway Traffic Safety Administration (NHTSA), a motor vehicle accident occurs almost every ten seconds on the highways of the U.S. Almost millions of people are injured as a result of these accidents. Their injuries range from superficial and mild up to critical.
Meanwhile, many of these auto accidents result to death in 13-minute intervals.
If you have been a victim of an accident and acquired injuries because of it, or you have lost a loved one due to the same reason, then you are entitled to file either a personal injury claim or a wrongful death claim. It would depend on the particular damages you and your family have sustained as a result of the accident.
Car Accidents Injuries and Fatalities
Car accident victims usually suffer death and mild to severe injuries like:
• traumatic brain injury or TBI• head injury• spinal cord injury or quadriplegia/paraplegia • neck injuries• broken bones• fractures
These injuries leave the car accident victims in a state of relentless pain and acute discomfort. The victims may also sustain hearing and eyesight impairments.
Furthermore, these injuries, even if treated correctly, may still cause the victim to acquire permanent or temporary disability and disfigurement.
Personal Injury Car Accident Claims
The federal and state laws entitle the car accident victims the right to recover damages and avail of fair compensation for the injuries they have sustained.
Here are the following conditions you need to fulfill as a car accident victim so that your personal injury claim is considered valid.
• The car accident was the direct cause of your injuries• The negligence or wrongful action of another person was the main cause of the accident. The victim has no participation in the cause of the accident.
The first step in establishing the validity of a personal injury claim is by proving the negligence of another party. If it has been proven that you also have a participation or fault in the accident, the law's standards will not give you any compensation.

Avoid Ruining Your Personal Injury Claims

2007-10-10T04:17:00.000-07:00

As a victim of an automobile accident, you need to expound more ways, along with your auto accident lawyer on establishing a positive outcome for your personal injury claims. It is important to avoid the things that could wreck your claim for fair compensation and recover damages.
A highly acclaimed lawyer with experience and skill in auto accident cases know the factors that could affect a victim's personal injury case.
1. Jurors are usually highly suspicious whenever a lawyer and doctor in the case are on referral connections. Most accident lawyers must know that it would not do their client's claim any good if they are the one who referred a doctor for their treatments.
The insurance company has ways of finding out how many of the accident lawyer's clients have been referred to a certain doctor during the past months. Through this they can protest about the credibility of the doctor's testimony once they have found out that this medical service provider had patient's that were all being handled by the lawyer.
It is best for a client to avoid having anything to do with a medical service provider who is being referred enthusiastically by a lawyer.
Since an experienced accident lawyer may know about this anyway, you just need to be careful and avoid hiring a lawyer who insists on referring you one way or another.
2. Be aware that the defendant lawyer will be quite interested to know the accidents where you have been involved in the not so distant past. They will have their ways of getting access to this kind of information about you.
Insurance companies have databases containing this information. However, they may still ask such question to test your integrity on such matters.
Your lawyer may know this may create a problem to your case and investigate on such accidents to determine whether it could bring vital harm.
3. It is important never to hide any kind of injury that you have sustained during your accident. Coming clean and straightforward about your injuries on or before your accident is the best thing to do before your lawyer.
If you have consulted a health care provider on your past injuries before the accident or after, then there will always be existing records about it. You need not
hide it from your accident lawyer because eventually, your secret will be found out, either by the insurance company or the defendant's lawyer.
Your lawyer would consider it as a breach of trust especially if, depending on the circumstances, he/she was the one who discovered it.
4. If you have determined that one of the damages you felt was the loss of an income, remember that you can claim such only if your tax returns in the past are clean and reliable. If you do not have this, then be honest with your attorney so that he/she could find ways to mend this problem.
5. Once you filed your personal injury claim, remember that you may be put under the watchful eye of the insurance company. Private investigators may even be hired to monitor your activity on video.

Employment Law - Unfair Dismissal - Refusing to Accept Changes in Terms

2007-10-01T04:29:00.001-07:00

The case of Anwar v Cambridge Housing Authority [2007], concerned an employee who was asked to accept changes to the terms of her employment which would have been very detrimental to her. The employee subsequently brought proceedings against her employer alleging unfair dismissal.
The employer denied the fact that the employee had been unfairly dismissed. Furthermore, the employer contended that the employee had been dismissed because she had refused to accept essential changes to her terms and conditions of employment following an extended period of consultation. The employer felt that this was a substantial reason to dismiss her, and therefore the dismissal was justified.
Upon hearing the case, the employment tribunal found that the employee had been unfairly dismissed. The employer then appealed on the grounds that the tribunal had misdirected itself in law and fact, however, the appeal was dismissed.
It was held that although a different employment tribunal might have come to a different conclusion would not amount to an error of law. In this case, on the evidence before it, the tribunal had been entitled to come to the conclusion that it had. The tribunal had heard and saw the relevant witnesses and reviewed the appropriate evidence before it. It was therefore entitled to reach the conclusion that it had. It was also held that the tribunal had not erred in law.

Employment Law - Maternity Leave - Nature, Capacity, Place

2007-10-01T04:27:00.001-07:00

The case of Blundell v Governing Body of St Andrews Catholic Primary School and Another [2007], concerned a woman who claimed that she was discriminated on the grounds of her pregnancy. Regulation 18 of the Maternity and Parental Leave (etc) Regulations 1999 (“the Regulations”) provides:
'(2) An employee who returns to work ... is entitled to return from leave to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances'.
Regulation 2(1) provides:
'"Job" in relation to an employee returning after ... maternity leave ... means the nature of the work which she is employed to do in accordance with her contract and the capacity and place in which she is so employed'.
The claimant was a teacher at the first respondent school. In the school year 2002 to 2003 she was given the responsibility of being a teacher for the yellow reception class. In June 2003, she told the second respondent, who was the head teacher, that she was pregnant.
The head teacher's standard practice towards the end of the school year was to ask each teacher what their preferences were on class allocation for the coming academic year. She usually tried to keep each teacher in a particular role for two years. Having been told of the impending maternity leave, the head teacher asked the claimant if she would undertake “floating duties” in the following year.
The claimant originally agreed, however, the next day told the head teacher that she did not wish to have a “floating role”. The head teacher then told the claimant that she had decided, reluctantly due to her concern about the disruption to the children, to allow the claimant to teach reception yellow again.
Subsequently, on the 5th of December, before the end of the school term, the claimant took sick leave because she was suffering from a pregnancy related condition. She then had her baby in January 2004. She was not due to return to work until the start of the autumn term and the head teacher did not ask her for her preference as to class allocation in June 2004.
Shortly before her return to work the head teacher offered her the option of a “floating role” or class teacher of class two. The claimant opted for the latter, although she had never taught year two previously and, on her case, year two involved heavy responsibility.
The claimant subsequently presented a claim for sex discrimination in the employment tribunal, complaining that she had suffered a number of detriments by reason of her pregnancy. The tribunal dismissed the claim and so the claimant appealed to the Employment Appeals Tribunal.
On appeal, an issue arose as to the meaning of “job” in the phrase ”the job in which she was employed before her absence” in regulation 18(2) of the Regulations.
The appeal tribunal held as follows:
The aim of the Regulations was to provide that a returnee came back to a work situation as near as possible to that she left. The purpose of the Regulations was continuity, preferably avoiding dislocation. The contract was not definitive. The phrase “in accordance with her contract” qualified only the 'nature' of the work. The tribunal felt that capacity was more than 'status', although might encompass it. It was deemed a factual label and so was descriptive of the function which the employee served in doing work of the nature she did. The fact that it was a factual label, and so not determined purely by the contract, was most readily demonstrated by considering the word 'place', which was also not purely contractual.
The level of specificity with which the three matters 'nature', 'capacity' and 'place' were to be addressed was critical and the central question was how the level of specificity should be determined and by whom.
The question was essentially one of factual determination and judgment and hence for the tribunal at first instance.
In approaching the question, the tribunal had to have in mind both the purposes of the legislation and the fact that the Regulations themselves provided for exceptional cases. These exceptional cases being where it was not reasonably practicable for the employer to permit her to return to her previous job, the employer might provide for her return to another job which was both suitable for her and appropriate for her to do in the circumstances.
The legislation sought to ensure that there was as little dislocation as reasonably possible in her working life, and given that the purpose of the legislation was to protect the employee there was no need to construe 'the same job' as covering a broad spectrum of work in order to ensure an appropriate balance between employer and employee.
The term “Job” could be quite specifically defined. Leeway was provided by an employer being able to provide a job which was not the same job, but was still suitable. Where a precise position was variable, a tribunal was not obliged to freeze time at the precise moment its occupant took maternity leave, but might have regard to the normal range within which variation had previously occurred.
In this case, the tribunal had given the right answer on the findings of fact it had made.
Throughout its decision was the theme that the claimant could be required to teach any class as asked by her head, and that was a real, not simply a theoretical requirement deriving from the contract alone.
§ The nature of her work, according to her contract, was as a teacher.
§ Her capacity, as a matter of fact, was viewed more realistically as a class teacher than as a teacher of reception yellow.
§ The place of work could not be said to be the reception classroom, but the school.
The post the claimant returned to was the same post, if the level of specificity was properly to be regarded as 'teacher'. If it was temporarily more specific, because the precise post varied, the question was whether the job on return fell outside the boundary of what was permissible. It was clear that the tribunal found that it was not outside the normal range of variability which the claimant could have expected.

Employment Law - Transfer of Undertakings - TUPE - Subsidiaries

2007-10-01T04:24:00.000-07:00

The recent case of Millam v Print Factory (London) 1991 Ltd [2007], involved a dispute relating to the Transfer of Undertakings (Protection of Employment) Regulations 1981 (“TUPE”). The employee was employed by Print Factory Ltd (PF). The holding company of PF was taken over and subsequently sold to M Ltd by way of a share sale agreement. The employee was informed that the identity of his employer was not changing, but was later told that his employment had been ‘continued’ under the TUPE Regulations.
Furthermore, the employees of PF were told at the time of sale that it was M's intention to fully incorporate the business of PF into their own. After the takeover, the PAYE documents showed that M was the company which now paid the employee’s wages. M also managed the contributory pension scheme. Even so, the companies were registered as being separate, and were being run as two separate companies with M controlling PF's activities.
The employee was dismissed and so complained to the Employment Tribunal.
Subsequent to that dismissal, PF bought the business of M and became the respondent to the complaint. A preliminary issue was ordered to be tried as to whether the employee's employment had by operation of the TUPE Regulations transferred from PF to M at the time PF was sold by its parent company to M.
The tribunal duly concluded that there was indeed a TUPE transfer from PF to M. PF then appealed to the Employment Appeals Tribunal (“EAT”). The grounds for the appeal by PF were that the tribunal had erred in law in that it had ‘pierced the corporate veil’ in reaching its conclusion, which was not permissible. The EAT determined that the companies were, as a matter of law, run independently. It was therefore plain that PF retained its own assets and its own employees.
The EAT decided that the lack of independence, which was typical of a subsidiary, did not demonstrate that the holding company owned the subsidiary's business and that, as a matter of law, it was the corporate entity that ran the business. In the absence of any sham, the courts were entitled to look no further. The EAT held that the appeal succeeded due to the fact that the effect of the tribunal's decision was to ‘pierce the corporate veil’, which it was not entitled to do.
The employee appealed. The appeal was dismissed.
The legal structure, although important, could not be conclusive in deciding the issue of whether, within that legal structure, control of the business had been transferred as a matter of fact. The EAT had misdirected itself.
An issue of ‘piercing the corporate veil’ only arose when it was established that activity x was carried on by company A, but for policy reasons it was sought to show that in reality the activity was the responsibility of the owner of company A.
In this case, the tribunal did not find that the activity was being carried on by PF, and then ‘pierced the veil’ to attribute the activity as a matter of law to M. It was held that, as a matter of fact, the activity was being carried on by M, and not by PF. That concentration on the issue of corporate structure led the EAT not to give proper weight to the findings of the tribunal.

DUI Firm

2007-10-01T04:23:00.000-07:00

A DUI firm is a type of law firm that focuses solely on 1 type of criminal defense; drunk driving defense, or more commonly referred to as DUI defense. When first charged with a DUI you're bombarded with advertisements from lawyers trying to solicit your business and it's difficult to know what to look for when choosing a lawyer. We'll highlight how to evaluate and select the best defense for you.
DUI stands for driving under the influence and it could mean being under the influence of either alcohol and/or drugs or both. Prescription drugs are also included within the DUI definition.
When arrested and accused for drunk driving your defense counsel selection will depend on what you think is a realistic outcome based on your specific circumstance. Here we'll highlight when you should go with a DUI specialist and when a more general lawyer would suit your purposes.
You are best advised to seek out the guidance of a specialized law firm that only deals with drunk driving cases (rather than a general criminal defense firm) if you are trying to beat your case and get off completely. A DUI firm will have lawyers very familiar with fighting and winning these types of cases but the cost to you will be considerably more than if you get a general lawyer. But there are also reasons why you'd be ok with a lower priced general criminal defense lawyer- it all depends on the circumstances.
Reasons You May Select A General Criminal Defense Lawyer
1. If cost is a major concern a general criminal defense lawyer would be a better choice.
2. If you know you're guilty or the evidence against you is overwhelming and maybe you're merely looking for a lawyer to guide you through the system and merely try to minimize your punishments, etc... you could accomplish this with a general criminal lawyer.
Reasons You May Want to Select a DUI Lawyer
1. A DUI firm will have similar case experience and hopefully a proven track record of getting clients positive results in your exact situation- so there's a better chance of actually 'beating the DUI'.
2. By choosing a highly skilled DUI defense lawyer you are sending a message to the district attorney’s office that you are aggressively fighting the charge. If their case is weak and/or they have too many other cases to deal with they will be much more likely to cut you a deal than if they thought you were just going to be easy to convict.
3. Peace of mind. You’ll have a certain peace of mind by knowing that you are choosing the most experienced, highly skilled lawyer for your specific situation.
So by now hopefully you realize that if you are facing a DUI charge there's basically 2 major classes of lawyers for you to choose from; general criminal defense lawyers or specialized DUI lawyers.

Introduction To Social Security Benefits

2007-10-01T04:22:00.002-07:00

The Social Security Administration can provide benefits in three different categories, they include; when you retire, if you become disabled, and lastly when you die. Information about Social Security benefits can be found on the Social Security Administration’s website. The age to receive full retirement benefits has been 65 for many years now however for people born after 1938 it is gradually increasing until it reaches the age of 67 for people born after 1959. An individual may start receiving retirement benefits as early as age 62, however if an individual decides to receive benefits starting at age 62 then their benefits are reduced a fraction of a percent for each month before your full retirement age. To find out how much an individual would lose if they retire at age 62 you can visit the social security web site. An individual has the choice to retire between the age of 62 and the full retirement age. An Individual qualifies for Social Security benefits by earning Social Security credits when they work in a job and pay Social Security taxes.
The credits are based on the amount of the individual’s earnings and their work history is what determines their eligibility for retirement, disability and survivor’s benefits when an individual dies. For the year 2007 an individual receives one credit for $1,000 of earnings, up to the maximum of four credits per year. Each year the amount of earnings needed to receive credits increases slightly as the average earnings level increases. The credits earned remain on the individual’s Social Security record even if they change jobs or are without earnings for a while. There are special rules that apply for Social Security coverage for certain types of work.
If an individual is self-employed then they earn the same amount of credits as employees however special rules apply if they have net earnings of less than $400. For individuals in the military they earn credits the same way civilians do however there is an opportunity to get additional credits under certain conditions. There are also special rules that apply to individuals that have jobs that include; domestic work, farm work or individuals that work for the church or church-controlled organizations that don’t pay Social Security taxes.
There are also types of work that don’t count toward Social Security. Most federal employees hired before 1984, because since January 1, 1983 all federal employees have paid the Medicare hospital insurance part of the Social Security Tax. Others who are affected by this are railroad workers who have more than 10 years of service. Employees of some state and local governments chose not to participate in Social Security also don’t qualify and lastly children younger than the age of 21 who do household chores for a parent. An individual also may choose to delay retirement benefits. If this is the case their benefits will be increased by a certain percentage depending on the year they were born and the increase will be added automatically from the time they reach full retirement age until the time they decide to retire or until they reach age 70, whichever comes first. One last thing to consider about retirement benefits is if an individual works and gets benefits. An individuals earnings in or after the month they reach full retirement age will not reduce their Social Security benefits however their benefits will be reduced if their earnings exceed certain limits for the months before they reach full retirement age.
If an individual works and starts receiving benefits before full retirement age then $1 in benefits will be deducted for each $2 in earnings they have above the annual limit. In 2007 the limit is $12,960. In the year that the individual reaches full retirement age then their benefits will be reduced $1 for every $3 they earn over a different annual limit, for 2007 its $34,440, until the month they reach their full retirement age. Once the individual reaches their full retirement age they can keep working and their Social Security benefits won’t be reduced no matter how much they earn.
Another helpful benefit that the Social Security Administration offers is disability benefits. The Social Security Administration pays disability benefits in two different ways, one being through the Social Security disability program insurance, the second one is through the Supplemental Security Income (SSI) program. To find information regarding the SSI disabilities program please click on the link provided. Social Security pays benefits to people who can’t work because they have a medical condition that is expected to last at least one year or result in death. The federal law requires such strict definition of disability, while some other programs give individuals benefits who have a partial-disability or have short-term disability, Social Security doesn’t. An individual must meet certain earnings requirements in order to be eligible for benefits. Individuals must meet two different earnings tests to be eligible for disability benefits. The first test is a “recent work” test which is based on the individual’s age at the time they became disabled and the second test a “duration of work” test to show that they worked long enough under Social Security. An individual should apply for disability benefits as soon as they become disabled because it can take a long time to process the application for disability benefits. It typically takes about 3 to 5 months. After the application is sent the Social Security Administration will review their application and make sure they meet some basic requirements for benefits such as whether they worked long enough to qualify and they will evaluate any current work activities. If these requirements are met then they will then send your application to the Disability Determination Services office in their state. This agency makes the decision for the SSA, they use their doctors and disability specialists to ask their doctor information about their condition, all facts in their case will be considered. They will also use evidence from any hospital, doctor’s office, clinics or institutions that the individual has been treated in order to obtain all other information.
Lastly another option that the Social Security Administration offers is Survivor’s benefits. People usually only consider Social Security as paying retirement benefits however some of the Social Security taxes that individuals pay go towards providing survivors insurance for workers and their families. The value of the survivors insurance the individual has under Social Security is probably more than the value of their individual life insurance. As an individual works and pays Social Security taxes they earn credits toward their Social Security benefits. The number of years and individual needs to work depends on the age of the individual when they die. The younger a person is the fewer the years they need to have worked, but no one needs to work more than 10 years in order to be eligible for Social Security benefits. Under a special rule if an individual has only worked for a year and a half in the three years just before death, benefits can be paid to individuals and their spouses who are caring for the children. Those who are eligible for survivor’s benefits include; the individual’s widow/widower at age 65 if they were born before January 1, 1940 or at age 67. Reduced widow benefits can be obtained as early as age 60. The individual’s widow or widower can receive benefits at any age if he/she takes care of their child who is eligible to a child’s benefit and is age 16 or younger or who is disabled. An individual’s unmarried children who are under age 18 or 19 if they are attending elementary or secondary education full time. Their children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances benefits could also be paid to stepchildren, grandchildren, or adopted children. Dependent parents may also receive benefits if they are 62 or older. If an individual was divorced their former spouse is eligible if they are 60 and older and if their marriage lasted longer than 10 years. If an individual’s former spouse doesn’t meet the age requirement or length-of-marriage requirement but are caring for his/her child under the age of 16 they can still be entitled.

Companies Act 2006 - Commercial Law - Company Law - New Legislation - Director's Duties

2007-10-01T04:22:00.001-07:00

The Companies Act 2006 (“the Act”) is now the longest Act ever drafted by the UK legislature, running to 1,300 sections. The purpose of this new legislation is to introduce many reforms to the law and to consolidate virtually all existing company legislations. It is written in simplified language, with a particular focus on small businesses. The key points in relation to the Act are as follows:
§ The Act is intended to help businesses save £250 million a year.
§ The Act was designed to codify directors’ duties, shareholders rights and the other legal requirements relating to modern corporate governance.
§ The seven general duties are set out in s.170 to s.181 of the Act.
§ The duty for a director to act within their powers codifies the common law rule that directors should exercise their powers within the terms that were granted and only for a proper purpose.
§ There is a new duty on directors to act in a way that would be most likely to promote the success of the company. The director is required to have regards to their wider corporate social responsibility, with specific mention of the surrounding community and environment.
§ A positive duty on a director of a company to exercise independent judgement has been introduced.
§ There is a duty on directors to exercise reasonable care, skill and diligence in their day to day working activities.
§ Directors have a duty to avoid conflicts of interest.
§ Directors now have a positive duty not to accept benefits from third parties.
§ The purpose of s.177 of the Act is to reflect s.317 of the 1985 Act, in that it requires a director to disclose his interest to the board of the company when a transaction is proposed between a director and his company. A director to declare both the nature and the extent of the interest to the other directors.
§ The Act makes it clear that the statutory general duties are to be interpreted and applied in the same way as the existing common law rules and equitable principles on which the Act is based. The Act contains a number of new provisions which improve the rights which affect shareholders. There is now restricted access to the register of members.
§ There is new provision of information rights and voting rights to indirect shareholders.
§ The shareholders now have extended rights to sue directors in certain negligence situations.
§ The Act makes it easier for investors who hold shares through intermediaries such as nominee brokers, to exercise their rights.
§ The Act also gives additional rights to information for nominated persons in quoted companies.
§ A registered member can now nominate another person to enjoy or exercise any or all of the registered member's rights.
§ The period in which accounts must be filed has been reduced from 10 to 9 months from the end of the financial year.
§ Private companies do not have to obtain a court order for the reduction of their share capital.
§ There is no longer a prohibition on private companies from providing financial assistance for the purpose of the purchase of their own shares.
§ Where private companies only have one class of shares, the directors of the company will have unlimited authority to allot shares unless the articles of association provide for the contrary.
§ Private companies can convene meetings on short notice where consent is given by 90% of shares carrying the right to vote.
§ Small private companies are no longer required to hold Annual General Meetings. However should they wish to do so, provision can be made as such in their articles of association.
§ The requirement for unanimity in written resolutions by shareholders has been abolished, and in future they can be passed by an affirmative vote of 75% of all of the eligible votes for both ordinary and special resolutions. In addition to this, members holding 5% of the voting rights (or such lower amount as specified in the articles of association) can require that a written resolution be circulated for approval.
§ There is no longer a need for private companies to appoint a company secretary. Although it should be pointed out that they can do so if they wish to.
§ Principal listed companies are now required to file their accounts within 6 months of the end of the financial year.
§ They also have to publish a number of documents on their company website – these include: their annual reports, their accounts, results of polled votes in annual general meetings and the results of any independent scrutiny of a polled vote as requested by a minority shareholder.
§ There are a few items which have to be added to the annual reports of companies listed on the main board of the London Stock Exchange – these include: Main factors which are likely to affect the future development, performance and position of a company, information on environmental, employees and social issues and information on contractual or other arrangements essential to the company’s business.
§ Political donations made by public companies now require shareholder approval.
§ Share transfers can now be carried out without the need for paper.
§ Companies can now be incorporated over the internet.
§ The articles of association will be treated as a company’s main constitutional document. The memorandum of association is now treated as part of the articles.
§ The Table A articles of association has been replaced with a modernised version.
§ A company’s capacity is now unlimited unless the articles of association specify otherwise.
§ A single director can now exercise a document as a deed, a witness is still required however.
§ The requirement for authorised share capital has been abolished. A company can redenominate their share capital from one currency to another without an order from the court.
§ Special resolutions now only require 14 days notice unless they are proposed at an annual general meeting.

Commercial Property Law - Development Site - Commercial Law - Oral Agreements - Sale of Land

2007-10-01T04:21:00.001-07:00

The case of Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another [2007], concerned the ownership of an equitable interest in a development site.
The claimant company was the owner of several pieces of land comprising a development site (“the Site”). The second defendant was an experienced property developer and the sole director and shareholder of the first defendant company. The company was incorporated as a single purpose vehicle with the sole aim of acquiring and developing the Site.
In September 2006, a meeting took place between a representative of the claimant, A, and the second defendant (at the second defendant’s home). According to the defendants, at that meeting the parties entered into an oral agreement whereby the claimant agreed, upon the first defendant having secured the completion of various preparatory works and having obtained the necessary funding, to sell the Site to the first defendant for £2m.
The claimant accepted that A had visited the second defendant's home but denied that any such oral agreement had been entered into. According to the claimant, any discussions involving the Site had been limited to the second defendant's assertion that the first defendant could match a rumoured offer on the Site. An attendance note by the claimant's solicitor and relating to a telephone conversation with A which had taken place the day after the meeting supported the claimant's version of events.
Subsequently, the claimant sought to sell the Site by way of an informal tendering process. The defendants' solicitors made a written complaint concerning the accuracy of the contents of the particulars of sale. They did not, however, have any problem with the sale in the light of the purported oral agreement.
In the course of the ensuing correspondence, the defendants' solicitors accepted that they had no legal interest in the Site. The defendants had two bids under the tender process rejected. In February 2007, the defendants lodged notices against the registered titles of the Site, on the basis that they had an equitable interest in the Site arising from the alleged oral agreement to sell, and the expenditure incurred in detrimental reliance upon that agreement.
The claimant issued proceedings by which it sought:
§ A declaration that the defendants had no interest in the Site;
§ The cancellation of the notices against the registered titles of the Site; and
§ Damages under s.77 of the Land Registration Act 2002 (“the Act”).
The defendants issued a restitutional counterclaim and the claimant sought summary judgment.
Two main issues fell to be determined by the court:
§ Firstly, whether the defendants' case that an equitable interest in the Site had arisen by virtue of detrimental reliance on the alleged agreement had a real prospect of success; and
§ Secondly, if not, whether the second defendant was personally liable for any damages award made pursuant to s.77 of the Act.
The court ruled that in this case, the defendants had failed to demonstrate the existence of an oral agreement for the sale of the Site to the first defendants. The alleged oral agreement asserted by the defendants was simply incompatible with evidence before the court as well as with the conduct of the defendants.
In particular, the defendants' solicitors had admitted in correspondence that they had no legal interest in the Site, and the defendants had raised no objection to the claimant attempting to sell the Site by tender. In any event, even if such an oral agreement had existed, the first defendant's attempts to bid for the Site during the tendering process had been an acceptance of the claimant's repudiatory breach of that agreement. In such circumstances, the defendants' case had no real prospect of success.
As far as the second defendant’s personal liability was concerned, under s.77 of the Act the primary liability attached to the party making the application to the Land Registry. In this case, that party had been the first defendant.
However, the first defendant had merely been a single purpose vehicle, and it was clear that the second defendant had acted on the behalf of the first defendant in making the application. It had been the second defendant who had instructed solicitors in the course of the litigation, and he had made the statutory declaration in support of the application to the Land Registry. In such circumstances, the second defendant had clearly arranged the application for notices against the claimant's title, and therefore the liability under s.77 of the Act would also attach to him personally.

How to Apply for Social Security Benefits

2007-09-26T22:22:00.000-07:00

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.

Enduring Power of Attorney - Last Chance Saloon

2007-09-26T22:21:00.002-07:00

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.

Child Custody Rights - Legal Options for Children

2007-09-26T22:21:00.001-07:00

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.

Law Firm Marketing - Choosing Your Managing Partner - Common Mistakes

2007-09-26T22:20:00.000-07:00

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.

PIO Card Scheme and It's Importance

2007-09-26T22:19:00.000-07:00

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.

Why Have Online House Sharing Agreement Services Become Popular?

2007-09-21T06:17:00.001-07:00

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 - Negligence Cases

2007-09-21T06:16:00.003-07:00

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.

Paralegals - Preparing A Pleadings Index

2007-09-21T06:16:00.001-07:00

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!

How Facts About Smoking Affect Anti-Smoking Laws

2007-09-21T06:15:00.003-07:00

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

2007-09-21T06:15:00.001-07:00

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 Law - Workplace Injuries

2007-09-21T06:14:00.003-07:00

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.

Reasons For Hiring A Personal Injury Lawyer

2007-09-21T06:14:00.001-07:00

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!

The Cost Of Hiring A Personal Injury Lawyer

2007-09-21T06:13:00.000-07:00

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.

What Are District Court Records?

2007-09-14T05:32:00.000-07:00

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.

How To Get The Most From Your Criminal Defense Lawyer

2007-09-14T05:31:00.002-07:00

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.

Lawyer Advertising Revealed - How To Find And Hire A Battle-Hardened Personal Injury Attorney

2007-09-14T05:31:00.001-07:00

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!

Misleading Free Criminal Background Check Services Exposed

2007-09-14T05:30:00.002-07:00

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.

How to Protect My Family - Checking Court Records Online

2007-09-14T05:30:00.001-07:00

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?

How to Protect My Family - Criminal Court Record Check

2007-09-14T05:29:00.000-07:00

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.

Can't Find The Will? A Few Tips

2007-09-02T21:30:00.000-07:00

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.

The DUI Court Process

2007-09-02T21:29:00.002-07:00

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.

Litigation Lawyers - Helping to Fight Criminal Charges

2007-09-02T21:29:00.001-07:00

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.

Foreclosure Epidemic Likely Means Additional Tax Liability

2007-09-02T21:28:00.003-07:00

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.

Public Record

2007-09-02T21:28:00.001-07:00

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.

What You Need to Know About Articles of Incorporation

2007-09-02T21:27:00.001-07:00

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.

Where to Search for Criminal Records

2007-09-02T21:26:00.000-07:00

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.

Legal Translations - Don't Be Laughed Out Of Court

2007-09-02T21:25:00.000-07:00

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!

Mediation

2007-08-28T21:38:00.004-07:00

As an alternative to litigation the process of mediation can help parties in a lawsuit evaluate the issues and come to a settlement. This can be an efficient process to help resolve disputes. The key component of mediation is that if an agreement is reached, the terms of agreement are determined by the parties themselves rather than being imposed by a third party. A neutral mediator assists the parties in reaching a voluntary, negotiated agreement. Mediators use a variety of techniques and/or skills to open and/or improve dialogue between the disputants, with the purpose of reaching an agreement regarding the disputed matter.
By participating in this process, the parties do not agree that they will actually settle the dispute and the mediator does not have the authority to impose such a settlement. The mediation process may be terminated at any time without cause by either party. Another advantage of mediation is confidentiality. With very few exceptions, what is said during mediation cannot legally be revealed outside the mediation proceedings or used later in a court of law. By contrast, one of the drawbacks of going to court is that, by and large, everything said or submitted in connection with a lawsuit becomes available to the public.
The use of mediation has increased as a means to resolving many types of claims and during the past several years this process has become one of the most widely used methods of arriving at a reasonable compromise settlement. This process may be especially beneficial in cases which are expensive and difficult to litigate to a jury verdict. When approached effectively, it ends the claim or litigation without any further costs to the client. If it fails, the parties proceed through the regular procedures of litigation and jury trial without any penalties.

Keeping Old Law Suits From Haunting Your Future - Part I

2007-08-28T21:38:00.003-07:00

Being sued can be an unsettling and frightening experience. However, it you are not careful, it can be a haunting one, even when you win. That is because court records about the lawsuit are available to the public - and in many cases over the internet.
A search of court records, which is an increasingly common part of background checks for jobs or housing, can reveal details of a lawsuit that are embarrassing or unfairly prejudicial. California law provides some protections from being unfairly prejudiced by a civil suit that was dismissed or without merit, but you often need to be proactive in protecting your good name.
There are different rules for different types of cases and different rules for who is providing the information about you. This three part series will examine :(1) how to seal information from a typical law suit, (2) the special rules that apply to unlawful detainer actions (evictions), and (3) what can and cannot be reported and by whom.
To understand how the records of a dismissed court case can cause haunt you consider the following scenario:
Jane, a software engineer, quit her job when she became uncomfortable with her employer over-billing clients. After she quit, Jane told the client about the over billing. Her former employer was infuriated and filed a lawsuit against Jane that claimed Jane defamed the company, stole company secrets and violated an agreement not to quit and compete against the employer. The court case was dismissed when the judge found the lawsuit was without merit.
Jane, who is now looking for a new job and is one of two finalists for a position with a local high-tech company. The company, which is concerned about protecting its technology secrets, performs a background check that searches surrounding counties for civil and criminal court cases. The company sees that Jane was recently sued by her former employer for stealing trade secrets. The company decides that Jane is not the best fit for the job. While Jane cannot prove it, she suspects that the record of the lawsuit cost her the job.
Jane could have eliminated the risk of being unfairly prejudiced if she was proactive and asked the court to seal the record of the dismissed lawsuit. California Court Rule 2.550 provides the constitutional standard and procedure a court will use when someone requests to seal a court record that would otherwise be public. Because of strong First Amendment support promoting public access to court records, sealing a record is an uphill battle.
California courts will use a balancing test in deciding whether or not to grant a request to seal a record. The court weighs the First Amendment right of public access to court records against any “overriding interests” that support sealing the record to determine if the request should be granted. While the Rules do not define what may qualify as an “overriding interest,” a person’s interest in housing or earning income definitely qualifies.
In the scenario above, Jane could have argued to the court that her “overriding interests” included protecting her ability to obtain a job and earn a living. Her argument would be strengthened because the claims in the dismissed lawsuit are taken very seriously by her prospective employers. The court would seal the record and prevent it from ever being disclosed if it found that the threat of potential harm to Jane’s career prospects outweighed the public’s interest in knowing about the dismissed lawsuit.

Keeping Old Law Suits From Haunting Your Future - Part I

2007-08-28T21:38:00.001-07:00