วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551

An Important Part of Lifetime Planning is the Power of Attorney

Author : Jeffrey Broobin
An important part of lifetime planning is the Power of Attorney. Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the Power of Attorney be presented before your agent's authority to sign the title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. The same applies to sale of securities or opening and closing bank accounts. However, your agent generally should not need to present the Power of Attorney when signing checks for you.Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney. Another important reason to use Powers of Attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary (e.g., due to travel, accident, or illness) or it may be permanent.If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you. People appointed in this manner are referred to as guardians, conservators, or committees, depending upon your local state law. If a court proceeding, sometimes known as intervention, is needed, than you may not have the ability to choose the person who will act for you. With A Power of Attorney, you choose who will act and define their authority and its limits, if any.What if I move? Generally, a Power of Attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new Power of Attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your Power of Attorney.Will my Power of Attorney expire? Some states used to require renewal of Powers of Attorney for continuing validity. Today, most states permit a "durable" Power of Attorney that remains valid once signed until you die or revoke the document. However, you should periodically meet with your lawyer to revisit a Power of Attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your Power of Attorney.Note that Legalhelpmate.com (http://www.legalhelpmate.com/power-of-attorney.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.About The AuthorJeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.Website: http://www.legalhelpmate.com
Keyword : POA,power of attorney,guardianship,will,living will,legal matter,death,funeral,financial planning

Defense Lawyers, Do You Need One?

Author : S. A. Baker
Sometimes people end up in trouble and in need of a defense lawyer. If this is you, the first thing you need to do is find a qualified defense lawyer to pull you out of it. But, where will you look? Should you rely on the court appointed defense lawyers as your defense lawyers? Perhaps you are wrongly being accused, who is going to fight for your rights? Defense lawyers are quite in demand. No matter if a crime or wrongdoing was actually made or not, it is still important to have a defense lawyer present to help you resolve your case.Defense lawyers are available to help just about anyone in just about any case. Let's say that you are being accused of drug crimes. You will need a defense lawyer to help you win your case. Perhaps it is a case of being in the wrong place at the wrong time. Perhaps you were helping a friend. Perhaps you know that you did do the crime. In any of these cases you will need a defense lawyer to help you. You need that defense lawyer to sort through the charges, to understand your side, to interpret the meanings of the case. In serious cases like drug crimes, you may find yourself lost in what should be happening and who to trust as your defense lawyer. One way to get a better understanding about what drug crimes are and what defense lawyers do is to look online. Websites like www.thesmartattorneys.com express information about these situations in regards to defense lawyers.Where will you find a defense lawyer then to handle this drug crimes charge? Who will you trust to do the best they can to help you get out of this situation? Defense lawyers are available in every state. But, when you do not know anyone, should you simply just open the phone book and pick a defense lawyer? You would not feel safe with your choice in a defense lawyer this way. Instead, use websites like www.thesmartattorneys.com to help you find qualified defense lawyers who truly want to help defend you against these charges.No matter what the situation, whether it is drug crimes or something else, if you are in a situation and need a defense lawyers, you will have to do some research, find a reliable defense lawyer, and do your best to help them win your case. It is hard to say whether or not you have a case or not. Only your defense lawyer will know. But, rest assured that your defense lawyer will tell you how to act, what to say, and what to do to get out of your situation. Defense lawyers are invaluable resources in times of need like these.S A Baker is staff writer at http://www.thesmartattorneys.com
Keyword : defense lawyer, defense attorneys, attorneys

Assault & Battery - Criminal Law

Author : Todd Going
Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A 'felonious' assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesn't get hurt, but a weapon is involved, then it still falls under the category of a felony.Assault & Battery is an incident where actual contact was made and resulted in the need for medical treatment. This is also a felony. The consequences of an assault crime can be imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a prior history of assault these punishments will most likely be inflated.Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.Assault & Battery – Criminal LawSteigerwalt & Associates is San Diego's most prestigious criminal law firm. If you have been convicted of Assault or any other type of criminal offense then please visit us today at http://www.sddefenselawyers.com.You may freely reprint this article granted that this resource box is attached and all hyper links remain intact and active.
Keyword : criminal law defense lawyers

Defective Products

Author : Anna Henningsgaard
Have you ever noticed how many warning labels are on things? As a child I always especially noticed the tag on the hair dryer because it addressed me directly: "Warn children of the risk of death by electrocution". These warning labels are placed on products to protect the company from lawsuits from people who injure themselves with products, because the label warns consumers about potential risks or dangerous applications of the product. Many of the labels seem ridiculous with warnings such as "do not ingest" or "do not place near open flame", but if the warnings were missing and you hurt yourself, you could sue the company for marketing a defective product!The 1994 Safety Regulations on general product safety apply to both new and second-hand consumer products. Among the hundreds of products included are clothing, medicines, agricultural and horticultural products, DIY tools, food and drink, household goods, nursery goods, chemicals and pesticides, and motor vehicles. These rules require all suppliers of these goods to supply products that are safe when used in both normal and unusual-but-predictable applications. Taking into account all circumstances, if a product does not provide a reasonable level of safety it is considered a defective product.A product that merely doesn't work, but also does not hurt anybody, does not qualify as defective. You can return such a product to the manufacturer or pursue action under law of contract, but without being dangerous this broken product does not qualify for a defective product lawsuit. Other circumstances, like the warning labels, are also relevant to determining whether a product is defective or not. If there is a label warning you of electrocution, you can reasonably expect to be electrocuted if you misuse the product.Despite the large number of warning labels out there, there are still a good number of products that either a) do not warn consumers of reasonable risks or b) suffer from potentially dangerous manufacturing flaws. Sometimes the company knows their product is dangerous and defective and sometimes they are unaware of the risks, but either way defective products place your life at risk. If you or your loved ones have been injured by a product, seek legal council to determine if the product was defective. Suing a company for a defective product can both resolve the pain you have experience and protect other consumers from dangerous products.If you have more questions, contact a defective
products attorney or read about other defective
products at http://www.hugesettlements.com.

If you use this article, please include these links.
Keyword : defective products,lawyer,attorney,legal, injury,dangerous,personal injury,lawsuit,sue

Class Action Suit

Author : Margaret Wommack
A class action suit is a lawsuit against a company by multiple plaintiffs who were similarly injured by the defendant. Class actions are especially good for people who individually have only sustained less than a few thousand dollars of damage. The cost of an individual suit would negate the possible recovery if they were even to win, but in a class action suit, the cost of filing and paying lawyer fees is split between all the plaintiffs. Also, they gain strength in numbers and have a more air-tight case to bring to court. Thus class action suits are often a better assurance that a satisfactory settlement will be reached.However the benefits of class action suits are in heavy debate. One topic people focus on is a coupon settlement in which plaintiffs are given coupons to be used within a certain time and with the company they filed suit against. This can be seen either as a promotion benefiting only the company in the wrong, but if this coupon settlement could be used on a better product, gives enough of a benefit to cover the money initially lost, doesn't expire immediately and can be transferable, then it can be a reasonable settlement. Nontangible settlements are also thought to be unfair settlements because the plaintiffs are left with defective products and are forced to pay exorbitant lawyer fees. However in some cases such as pollution cases, injunctions provided for by nontangible settlements are beneficial because they stop damages and improve health.If you have any questions about class action lawsuits, please contact a class action lawyer right away.
Keyword : class action suit,lawsuit,settlement,lawyer

You Bought A Lemon, Now What?

Author : Paul Forcey
Officially known as the Song-Beverly Consumer Warranty Act, the California Lemon Law is there to protect the consumer. If you have found yourself to be the owner of a lemon car, truck, RV, or puppy, the California Lemon Law will make sure that you get your purchase replaced or refunded to you. How do you know if you have a lemon? The California Lemon Law states that any purchase more than $25.00 that is defective, unsafe, malfunctioning, or has an existing problem that greatly reduces its value will qualify as a lemon.Under the California Lemon Law you should notify the dealer/manufacturer of the problem you are having with your vehicle. The dealer must make four attempts to repair the lemon car during the first 18 months or 18,000 miles, whichever comes first. California Lemon Law states that a vehicle that has been in for repairs four or more times for the same defect, or if the car has been in the dealer for repairs of the defect for a total of 30 calendar days, then the vehicle should be presumed to be and classified as a lemon car. If your vehicle has to be brought into the dealer two times to repair a defect that could result in injury or death if not repaired, that too is considered a lemon car under the California Lemon Law.The California Lemon Law also allows Lemon Law claims to be filed against manufacturers if the car is over the 18 months/18,000 mile limit, if the car is still under warranty. This covers the consumer who has a two or a three-year-old vehicle that comes with an extended warranty. This law also protects the consumer by allowing a time period of four years after the defect is first noticed to bring a lemon law claim against a manufacturer. It is important that you get legal advice from an attorney who is knowledgeable in California Lemon Law. When you seek an attorney, it is best to hire one with a history of only representing consumers, and never the manufacturer in California Lemon Lawsuits.The California Lemon Law not only protects the buyer of new cars and trucks, but also the consumer who has purchased a used vehicle. If you have purchased a lemon car and it is still under the new car warranty, even if you are not the original owner, then you can file a claim under the California Lemon Law.If you think that you have purchased a lemon car it is important that you keep good documentation of all interactions and transactions in regards to your lemon car. Write a letter to the manufacturer and send it certified. Manufacturers are aware of the California Lemon Law and most are more than willing to rectify the situation. If you are unhappy with the repair work done by the dealer, the manufacturer may ask you to go through arbitration with a third party. If you are still not satisfied, you can sue in court under the California Lemon Law. You can also contact the Attorney General's Office for the newest updates to the California Lemon Law.Paul started Lemon Law Attorney after seeing how much work it is to get your lemon car fixed.
Keyword : lemon law, lemon law attorney, lemon law california, lemon car, lemon RV , lemon ford, lemon BMW

Protecting Your Leased or Consigned Photographs

Author : Carolyn Wright
Photographers often lease artwork to businesses or sell photos on
consignment. But if the business or gallery goes bankrupt, your photos
may become part of the bankruptcy estate. The creditors of the business
or gallery then may seize your work without further obligation to you.Some states have enacted laws to protect photographers in these
specific instances. For example, the Uniform Commercial Code ["UCC"]
has been enacted in some form in every state. Check with your local
attorney to determine whether your state has adopted the specific UCC
provisions that will protect your consigned goods from being seized.Other states have passed laws purposely to protect consigned goods.
Many of them require the consignment agreement to be in writing.
Following are some necessary and other helpful items to include in the
agreement:-who is responsible for damage to the photographs-prices to charge for the photographs-specific list and description of the photographs being consigned-the gallery's fees and responsibilities-the requirement that the gallery post a sign that the goods are
consignedIt may also help to include a clause in the consignment contract that
states: "If any lien, attachment or bankruptcy petition is placed against
the Gallery, this Agreement shall terminate immediately and the Gallery
will return all of the Photographer's works to the Photographer." If the
gallery files bankruptcy or becomes insolvent, get a lawyer to help you
protect your property.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at
the needs of photographers. A pro photographer herself, Carolyn has
the credentials and the experience to protect photographers. She's
represented clients in multimillion dollar litigations, but also has the
desire to help new photographers just starting their careers. Carolyn
graduated from Emory University School of Law with a Juris Doctor, and
from Tennessee Tech Univ. with a Masters of Business Administration
degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for
Photographers," by Carolyn and well-known professional photographer,
Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain
School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is
http://www.photoattorney.com
Keyword : photograph,photo,lease,consign,gallery,show,business,consignment,lien,bankruptcy

Depositions- Can I Be In the Room When You Question The Doctor Who Botched My Surgery?

Author : Gerry Oginski
Q: When you question my doctor at a deposition, can I be present? Can I ask questions too?A: During a lawsuit, each side gets to question the other side during a procedure called a deposition. (It's also called an examination before trial- EBT). During a deposition, it's an opportunity for me to get specific answers about what happened to you or your loved one. There are important strategies used by experienced trial lawyers when questioning a doctor in your case.Not only are we trying to establish facts, as the doctor recalls them, but are also attempting to lock the doctor into a position about what was done for you, and why. I will always ask the doctor to read his treatment record, and then have him or her explain the reasons for treating you the way he did.As a victim or family member of a loved one involved in the case, you are always welcome to be present when I question the doctor at his deposition. However, I must caution you that sitting across from the person whom you believe caused you or your family serious harm is very unsettling. The urge to reach across the table and do something physical is ever-present. The urge to verbally respond to a comment by the doctor is also very strong. Please remember, if you wish to be present, you can. BUT, the focus and emphasis is on questioning the doctor, NOT your desire to give him or her a piece of your mind.If you have certain questions you feel are important to your case, by all means discuss them with me before the deposition. You will not be permitted to ask questions yourself.Importantly, if you choose not to be present when I question the doctor...not to worry. I can send you a copy of the transcript so you can read it at your leisure. In my experience, 99 times out of 100, my client will choose not to be present during a doctor's deposition.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Depositions, medical malpractice, injury, injured, medical, lawyer, attorney, lawsuit, money, damage

Data Protection: New Interpretation of the Data Protection Act

Author : Rosanna Cooper
A restrictive interpretation of the Data Protection Act 1998 ("the Act") will limit subject access requests1. Businesses may welcome the Court of Appeal's judgment from Durant v FSA [2003], as it might make their obligations under the Act easier to fulfill.The case of Michael John Durant v Financial Services Authority [2003] EWCA Civ 1746 - Court of Appeal focuses on the right of an individual to access his or her personal data held by an organisation. After a dispute with his bank, which involved the bank successfully applying an exemption which denied him the right of access to his data, Mr Durant complained to the Financial Services Authority ("FSA").Although the FSA investigated his complaint, it did not reveal detailed information about its investigation to Mr Durant. The FSA made available documents in computerised format but refused him access to manual files, claiming that the information sought was neither "personal" nor part of a "relevant filing system". Mr Durant appealed.The Court of Appeal held that:-The purpose of the subject access provision is "...to enable [an individual] to check whether the data controller's processing... unlawfully infringes his privacy and, if so, to take such steps as the Act provides (i.e. blocking or rectification)... It is not an automatic key to any information, readily accessible or not of matters in which he may be named or involved."Records that make reference to an individual are not necessarily "personal data";The records must be relevant or proximate to the individual (i.e. significantly biographical or of which the individual was the focus of attention). In deciding on a case-by-case basis whether information falls within the Act, two factors are relevant:"...Whether the information is biographical in a significant sense, that is, going beyond the recording of the putative data subject's involvement in a matter or event that has no personal connotations...
...information should have the the putative data subject as its focus rather than some other person with whom he may have been involved or some transaction event...In short, it is information that affects his privacy, whether in his personal or family life, business of professional capacity";It is not sufficient that the records just relate to something in which the individual was involved;The records must contain "information that affects [the individual's] privacy, whether in his personal or family life, business or professional capacity" - "It is likely in most cases that only information that names or directly refers to [a data subject] will qualify and "not all information retrieved from a computer search against an individual's name or unique identifier is personal data within the Act";The definition of "relevant filing system" in relation to manual filing systems (i.e. paper-based) are those which are clearly structured, in a manner akin to computerised records, and within which the data must be readily accessible for reasons of practicality, easily identifying the fact that it contains personal data relating to the individual;There must be clear warning to litigants that the Act: "...is not an automatic key to any information, readily accessible or not, of matters of matters in which he may be named or involved. Nor is to assist him...to obtain discovery of documents that may assist him in litigation or complaints against third parties."The Court ruled that Mr Durant should not be given the documents requested as, "mere mention of the data subject in a document held by a data controller does not necessarily amount to his personal data".Mr Durant is awaiting permission to challenge the Court of Appeal's ruling in the House of Lords.Request by data subjects or individuals for the data that a company holds in relation to the individualsIf you require further information contact us.Email: enquiries@rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.Dr Rosanna Cooper is a partner in RT Coopers Solicitors a law firm based in the City of London. The firm specialises in commercial and corporate law and has an outstanding reputation in areas such as intellectual property, data protection, biotechnology and pharmaceuticals.Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com
Keyword : Data Protection, Data Protection Act, DPA, Data Subject Request

What Is A Green Card and How Do I Get One?

Author : Philippe Kostine
Green card is the term used to describe a document that gives a person born in another country the right to live and work in the United States. A green card is usually issued to those people who are permanent resident aliens and who wish to eventually become a United States citizen. Once a person has held a green card for almost five years with no legal problems, they are eligible to apply for citizenship or naturalization.There are two main ways to be deemed eligible for a green card. The first way is through your employment in the United States. In this case, the employer of the foreign individual must agree to sponsor that individual. Once sponsored the individual may make application for a green card. This application is usually a much faster process for those individuals with more education or specialized job skills. Those individuals that have common job skills or less education may have to wait for a longer period of time before their application is reviewed and accepted.The second way that an individual may become eligible for a green card is through their immediate family. In this case, if a foreign individual has a family member such as a child, parent or sibling that is an American citizen, then they may apply for a green card. If a parent of a foreign minor child is an American citizen then that child is automatically and immediately eligible for a visa.Another way that a foreign person can qualify for a green card is through marriage to an American citizen, however, the American citizen must reside in the United States. Once the person has obtained their green card they can apply for permanent residency but the laws controlling this process are very stiff. In this case, the married parties must prove that their relationship is legitimate.In addition to the above options for obtaining a green card, there are special circumstances that allow certain individuals who do not meet the above criteria to obtain a green card in a timely manner. These special circumstances include the following:

Asylum. This special circumstance applies to any foreign individual who is in the United States and fears returning to their country of origin. This fear can be brought about by any persecution that is based on a person's race, political views or religion.
Labor. Individuals that posses a special skill that is desperately needed in the United States can obtain a green card in exchange for their willingness to perform the job and skill set at a specific job in a specific region assigned to them.
National Interest Wavier. If an individual possesses the professional skills to be of service to the national interest of America then that person can be granted a green card without employer sponsorship.
Researchers. For academic researchers who are internationally recognized for their achievements, there are special circumstances that allow that individual to receive a green card in exchange for sharing their information and knowledge.
Specialized Skills. Individuals that possess specialized skills and that are experts at the top pf their field may apply for and be granted a green card. These individuals are usually exempt from the labor certification process.
Although special circumstances do exist, the normal application process for and the granting of a green card usually take many months and is a very complicated and exhaustive system. If you are contemplating applying for a green card, it is advisable to speak with an attorney before hand.© 2005 LawyerVista, a website where you can locate a lawyer in your city or state, including New Mexico immigration lawyers and

Asset Protection And Fraudulent Transfer

Author : David Hallstrom
There are thousands of individuals and companies that, through e:mails or via internet web sites, offer to help you protect your assets from creditors, ex spouses and or taxing authorities. Many of these individuals and businesses help you protect your assets by having you take actions that can or will put you in violation of the Uniform Fraudulent Transfer Act. This could, in the long run, not only end up causing you to lose the assets that you were trying to protect but also cost you additional money in court costs, attorney's fees or collection costs. Additionally, if you had a family member or friend help you, he or she could end up in court or having his or her credit harmed by having a judgment entered against him or her.

According to information provided by http://www.plan-my-estate.com an estate planning and asset protection resource web site, a Fraudulent Transfer aka Fraudulent Conveyance is a transfer which a debtor makes for the purpose of defeating a creditor's collection efforts against the debtor. This typically happens when, say, a debtor attempts to "sell" everything to his wife, cousin or business partner for $5 to keep his stuff out of the hands of his creditors. If the court figures out that the transaction is a sham to defeat the creditor, the court will set aside the transaction and make the person holding the assets give them to the creditor. Basically, Fraudulent Transfer Law is this: You can't do anything which would impair the rights of your unsecured creditors, if you do then the courts will simply ignore what you have done.

Many of these asset protection schemes involve transfering assets to someone you trust, a spouse, other family member, friend or a business that you form. As far as I can determin, if the creditor can prove that the transfer was done in order to avoid creditors, then under the Uniform Fraudulent Transfer Act the creditor has several remedies depending on the circumstances. These remedies can include causing a judgment to be entered against both you and the transferee, causing the property transfered to be attached or levied upon or causing a lein to be placed against the property. There are other remedies set by statute. The one thing that all of these remedies have in common is that you, the transferee or both of you could be held liable for the costs of obtaining and enforcing the remedy.
Note: Another thing to think about. Over the years I have been involved in numerous asset search and recovery matters where the person
that the bank account, collectibles, stocks, bonds, real estate or other assets were transfered to ended up closing out, selling or otherwise transfering or encumbering the assets, leaving the original owner with nothing. No matter how much you trust someone today you never know what the future will bring.

Other services offer to set up a revocable living trust. They state that the assets then will belong to the trust and be protected from your creditors. As any competent attorney will advise you, this theory is completely false. Since the assets placed in the trust are yours and since you control the trust then you and the trust are the same thing and a creditor can go after any assets placed in the trust. While a revocable living trust may not be a fraudulent transfer, neither is it a way to protect your assets from creditors.

I am not saying that all asset protection companies are worthless or might get you into trouble. I assume that there are some excellent and knowledgeable asset protection companies out there. I just would feel safer getting advice directly from an attorney.

The best way to find out if your assets can be protected and if protecting them is worth the cost is to seek the advice of an attorney who specializes is asset protection, debt collection, estate planning or, in certain cases, bankruptcy law. In some cases the attorney will provide a free or low cost consultation.

Note: I am not an attorney and none of the foregoing should be construed as legal advice. This article is written strictly as my opinion based on life experiences through both my personal life and my work as a private investigator dealing with attorneys in asset search and recovery matters. As in all matters of law you should always consult an attorney before taking on any legal endeavor.David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including http://www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public.
Keyword : asset protection,fraudulent transfer,law,legal,legal resources

Why You Shouldn't Rely on a Lawyer Who Tells You Your Case Is Worth Millions

Author : Gerry Oginski
I went to two other lawyers before coming to you. Each of them told me my case was worth millions. Why aren't you telling me the same thing?A: Simple. What those lawyers did was tell you something they could never guarantee.There is no way for them to know how much money they could obtain for you, especially before any case is started on your behalf. Even if I were to give you a number that I believe you are entitled to, it would be absolutely wrong. I could give you a wildly outrageous number or a very small number. Both would be wrong.At the begining, there is so much information to obtain about your injuries, your medical records and how your injuries have affected you that it is impossible to tell you what your case is really worth at the outset.It's true that there are similar cases that we may know the value of, but remember, each case is different, and each case has different facts that can make it difficult to compare with yours.The job of a good lawyer is to gather ALL of your information, and then formulate the chances and likelihood of success of your case. A lawyer who does that stands a much better chance of explaining to a client the approximate value of their case.I'll let you in on a little secret. I suspect that those other attorneys who told you your case was worth millions did so primarily to have you sign up with them as opposed to going to another attorney.No matter what any lawyer says, it is impossible to guarantee such a result. If you don't believe me, just ask the lawyer to put that promise in WRITING. See how quickly they backtrack when you ask them to do that!Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Million dollars, jury award, damages, millions, money award, money, lawyer, malpractice lawyer

Need Expert Witness Info?

Author : Leon Chaddock
If your case needs expert-witness-info, you can count on finding it on the web. What you need are the people that can back you up as being correct in your case needs. You need someone reliable with good credentials to throw up on the stand to help make your case. But, where in the world are you going to find this person? While it can be quite difficult to locate them on your own especially if they are not local and you do not know anyone with the credentials that you need, it can be easier to find them throughout the web. Yes, we know. You do not want to trust someone through email. But, we can still provide you with good quality expert-witness-info.For example, if you need to find expert-witness-info, then consider the directories on the web that provide it. You will find a wide range of opportunities available to you on the web. You will find companies that organize these people for you making your job of finding them that much simpler. And, you can trust in the quality of these individuals when you use an company that has already done that background work for you. Do you need information on how to make your case? Do you need someone to tell you if this is possible or not? Do you want someone to back you up with your ideas, thoughts and plans? If so, then the expert-witness-info that you need is right here on the web.Expert-witness-info is offered to you in a number of ways. You can find a wealth of different types of info as well as a wealth of many different types of people. All of them can help you to do whatever it takes to make your case certain. Expert-witness-info is here, for you.for more information please see http://www.expert-witness-info.co.uk
Keyword : Expert witnesses

5 Key Strategies For Protecting Your Ideas And Stopping People Ripping You Off!

Author : Richard Cussons
We have all had that Eureka moment when we think we have thought of something new. Sometimes we think there may even be a viable business behind it. So how do you go about protecting that idea, particularly if it is so fundamental and integral to the success of your business model?Ask yourself a few questions: Can I protect it so that my competitors cannot copy me? How practical is it to do so? How much will it cost me? Can I enforce it? Is it really that unique? Would I be better off just getting on and doing it?To protect a business idea or model there are five key areas not all of which will be relevant to a particular business:Law of confidence – this is a general duty of confidence which protects confidential information and ideas from unauthorised use or disclosure and is relevant to the early stages of a business idea or model. You can disclose information and retain legal protection from unauthorised use or further disclosure if (a) the information is itself not trivial and (b) it was disclosed in circumstances where an obligation of confidence exists. Read more about confidential agreements and non-disclosure agreements here.Copyright – this protects the expression of ideas, not the ideas themselves, for example, the software, text, image or design. Particular care needs to be taken with photography and website code. We have seen many businesses that have been caught out regarding ownership. The creator of a work will usually be the first owner of the copyright but this can be "assigned" to someone else which effectively transfers all rights. This may leave the creator with something known as moral rights. Read more about the use of the © symbol here.Patents – protects ideas which are new unique processes. The uniqueness needs to be proven as part of the registration and this can be a formidable and expensive hurdle. However, if you have a patent you have an enforceable monopoly right over the exploitation of that idea.Trademarks – these may be unregistered or registered. If you have a brand which you need to protect this could be for you. Do you know the difference between the ™ and ® symbols? Read our mini-guide: Seven practical steps to protect your intellectual property here.Domain names – arguably the modern day version of Trademarks, having key registered domains (eg.123.com or truelegal.co.uk) can be more useful and cheaper to obtain than trademarks, and be sufficient to warn others off using that branding.Design Rights – like Trademarks these come in the form of registered and unregistered rights, and may be available to protect someone copying your design. They are more easily registered than patents and provide a useful and enforceable deterrent.Once you have these some or all of these rights you can exploit them by licensing them to third parties. It is best to formalise these into a Licensing Agreement which needs careful drafting to obtain the maximum protection of your investment to ensure royalties and other licence income is secure.Two great sites to look at if you are new to this field are www.patent.gov.uk and the more user-friendly and business focussed www.intellectualproperty.gov.ukFor advice specific to your situation call or email us at the http://www.legal-advice-centre.co.uk/ for some free initial advice and a fixed price quote for any recommended steps.
Keyword : legal advice

What Can a Team of Criminal Defense Attorneys' Do for You?

Author : LeeAnna Bruce
Usually the only time you see someone with a team of criminal defense attorneys' are celebrities charged with a very serious crime. O.J. Simpson's team of high-power defense attorney's always comes to mind. However, you don't have to be a celebrity, or even wealthy to afford a team of defense attorney's. If you have been charged with a serious crime that carries severe penalties and especially if you're charged with a crime you did not commit. A team of criminal defense attorney's will ensure that you will have more than one legal mind fighting for your defense.The second you are charged or know that you are going to be charged with a serious crime, life as you know will be different. Unless you're a career criminal, you will have no idea what's going on. A team of criminal defense attorneys will enable you to have at least one attorney at your side during the arraignment, that way someone will always be with you to answer any question you may have and explain what is going on. They also realize that you may need them any time of the day or night, so one attorney at least will be available to you at all times. Hiring only one defense attorney probably means you are not his only client (if he or she is any good anyway), and you may feel at times that not everything is being done that should be done to get you cleared from this case.In many instances, local politics and conflicts of interest prevent local counsel from providing you with the most aggressive criminal defense possible. It may be to your benefit to hire your criminal defense team outside of your county if possible. This way there will be no personal interest in the local courtroom, giving a better chance of getting a fair trial. Be sure to ask all kinds of questions when hiring more than one attorney, for example: How long has this law firm been in practice and how many cases have they won and lost. Also be sure to ask if this law firm has handled cases like yours before and if so what was the outcome? Your future will be in their hands, make sure you hire the right criminal defense attorneys' to take care of you.LeeAnna Bruce is a article writer for websites, technical journals, and magazines. I have written many articles about criminal law and attorney's, although I have written about everything from people with disabilities to women and dealing with divorce. I have also written a few ebooks. I don't have a websites because honestly I'm so busy I havent had time to make one up. I do great business with just my emails for now but I plan on building a website as soon as I get some time. :-} If you think I can write an article for you, please contact me at brcylee@yahoo.com and I will be happy to discuss business with you.
Keyword : criminal attorneys

The Probation Service in the United Kingdom

Author : Thomas Gallagher
IntroductionThe probation services play an important role in the rehabilitation of offenders. They are a service that is charged with the responsibility of addressing an individual's tendency towards criminal activities. This brief article will assess the mechanisms that the probation service has in place to achieve this objective. A brief history of the probation service will start this discussion. Following from this the aims and objectives of the probation service will be examined as this will allow the reader the opportunity of familiarising themselves with the ethos of the probation service.The mechanisms that are in place within the probation service will be considered next, with the discussion focal point centred on the various schemes that are in place to curtail individual's criminal tendencies. What happens if an individual is not happy with the service they receive from the probation service? The procedures that are in place for aggrieved offenders will be considered next. Finally, a brief look at the future of the probation service will be offered. The main aim of this article is to inform the reader of what the probation service is, and what is has to offer.History of the Probation ServiceThe concept of probation, from the Latin word probatio, has developed from the practice of judicial reprieve. It originally entailed a temporary reprieve in English Common Law from the execution of a sentence to allow the defendant to appeal to the Crown for a pardon. The first known example of what might be termed as a probationary period, was seen to take place in the United States when John Augustus, a Boston boot maker, convinced a judge in the Boston Police Court in 1841 that he could help a convicted offender, a "drunkard," and rehabilitate him by the time of sentencing. This is an example of probation in its infancy, as it is now a universally recognised mechanism to curtail re-offending. In the United Kingdom, a body was formulated in 2001 called the National Probation Service. This service was charged with the responsibility of overseeing the reintegration of offenders back into society. The aims and objectives of this service will now be considered.Aims and Objectives of the National Probation ServiceThe aims and objectives of the National Probation Service consist of: Protecting the public; reducing re-offending; the proper punishment of offenders in the community; ensuring offenders' awareness of the effects of crime on the victims of crime and the public; and, the rehabilitation of offenders. Once an individual starts their probationary period, they will be placed under a supervision officer provided by the National Probation Service. There are certain obligations that are imposed on an individual who is under probation. These obligations consist of staying out of trouble and telling your supervisor immediately, if you change your address or phone number.You must also be on time for appointments that you are given and let staff visit you at home. You must also adhere to any extra requirements ordered by the court and keep to any extra requirements on your licence if you have been released from prison. You will also be expected to fully participate in anything else your supervising officer asks you to do. This may be taking part in a one-to-one or group work programme. These obligations can seem somewhat onerous and one can imagine many instances were all of these requirements are not fully adhered to.If a probation officer feels that an individual is not fully committed to their period of probation, they may send the individual back to court or, if the person is on licence, send them back to jail. With the penalties being as severe as they are for not fully cooperating with the probation, there needs to be some form of mechanism that is adequate enough to give an individual an arena to voice their concerns if they feel that they have been ill-treated. The forms of redress will be examined next.Avenues to Complain Against the Probation ServiceThere maybe various circumstances that an individual may not be happy with during their probationary period. You may have not been seen regularly and on time or you may feel that you have not been treated fairly and with respect. Maybe it is just that you had a request for dispensation to attend a special event. All of these can alienate an individual from the service and possibly push towards the road to re-offending. The National Probation Service has, in place, a procedure were aggrieved individuals can seek agreement over possible mix-ups concerning their probation period.It is recommended that an informal approach is made to a member of staff in order to sort it out unofficially. If this doesn't resolve the matter, then the individual can make a formal complaint and, if necessary, appeal against any decision taken. If there is still no satisfaction, then an application can be made to the Prisons and Probation Ombudsman to carry out an independent investigation. With the high levels of re-offending still in existence, however, there has been talk of totally modernising the National Probation Service.The Future of the Probation ServiceThere is a general consensus that the probation service is in need of modernising. This has resulted in a paper being published called Restructuring Probation to Reduce re-offending. It proposes:" to give to the Secretary of State the statutory duty to make arrangements with others to provide probation services; and to create new bodies, replacing local probation boards, with who he may contract." The paper proposes replacing probation boards with probation trusts made up of business people, no longer including a judge, and accepts that contestability could mean a trust ceasing to exist. The National Association of Probation Officers is making it clear that these proposals will de-professionalise, deskill and destabilise our Service. We will fight these proposals in Parliament and if necessary we must be ready to take industrial action.ConclusionThis article is not a warts and all expose on the probation, but merely a descriptive account of the role of the probation service within the criminal justice system within the United Kingdom. Its main objective is to inform the reader of what the probation service can offer and where a potential complainant may turn if they feel aggrieved by a decision made regarding their probation period.Thomas Gallagher
LLb Liverpool John Moores University
LLM Liverpool UniversityIf you would like to find more information regarding the probation service then please visit http://www.cia-uk.co.uk and http://www.criminal-information-agency.com/probation/ and http://www.criminal-information-agency.com/probation/probationresult.php
Keyword : Probation, service

Getting an Upper Hand on Fraud

Author : James Monahan
Have you ever been a victim of fraud? Have you ever been led to buy a product that promises to offer you this and offer you that but in the end, aren't what you expect it to be?Have you ever been fooled by a grossly exaggerated advertisement that made you buy seemingly useless merchandise? If you have, then chances are, you have just become a victim of fraud yourself.In its simplest definition, fraud is a ploy to deceive a person for personal gain. But its specific legal meaning can sometimes be open for interpretation depending on jurisdiction.A lot of hoaxes are fraudulent but not all can fit in its definition since there are hoaxes not made for personal gain. In the same way, it is also safe to say that not all frauds are hoaxes as in the case of electoral fraud. Fraud can be accomplished through a variety of ways including mail, phone, and even the Internet just to name a few.In criminal law, fraud is defined as theft by deception. It is deliberately deceiving another person or group of persons in order to acquire property or services in an unjustly manner.There are many types of fraud that can make a victim out of innocent people. Let's try to know some of the most common ones.One of the common frauds that you are likely to encounter is of the confidence trick type. An example is the shell game wherein you are tricked into betting on a certain shell where the supposedly hidden ball can be found.You are put into a confident situation wherein you are sure that that is where the hidden ball is. But when the shell is opened, the ball is not there.Another form of fraud is false advertising. You encounter a product that promises to be an excellent one and is way, way more superior to its nearest competitor as stated on its advertisement.You go out of your way just to buy the product but then you realize one startling revelation, you just found out that what the advertisement promised you were all false claims. You have just been victimized by false advertising fraud.People can also be victims of fraud by way of forgery of documents and signatures. This type of fraud is closely related to identity theft wherein a person tries to take up your identity and forge your own signature in order to steal your own money or property.They may be able to steal from your own checking account by signing up a check with your own forged signature.Health fraud occurs when you are sold a health product or medicine that assures to give you a lot of benefits. But in the end, it is nothing but quack medicine that can't do anything for you.False insurance claim is another health-related fraud that tries to victimize insurance companies by making false injury or damage claims just to obtain insurance payments.Securities fraud occurs in the stock market wherein certain individuals try to manipulate stock prices by going through unfair insider trading. They try to accomplish through artificial means to increase the value of a certain stock.When it reaches a certain value, they quickly sell their stock holdings before everyone else can and before the stock value falls drastically.These are just but a few types of fraud that you are likely to encounter out there. You should always be vigilant not to fall into their trap.A fraud may just be lurking around the corner, ready to make a victim out of you. You should always be on the lookout and try not to become one of common fraud's unsuspecting victims.James Monahan is the owner and Senior Editor of
FraudWebs.com and writes expert
articles about fraud.
Keyword : fraud, deception, confidence games, forgery, false advertising, false insurance claims, securities

What Answers Can A Notary Signing Agent Provide?

Author : Lynnette Phillips
It has never occurred to me to wonder about some of the questions borrowers have asked...then again there are the questions you can anticipate like the questions concerning interest rates. No matter what the question is the Notary Signing Agent (NSA) needs to be careful what she says. The thought of "Unauthorized Practice of Law" (UPL) should always be present. After all, loan papers are legal documents!A NSA can open herself up to not only criminal charges but also civil charges, monetary fines and loss of her notary commission by answering the wrong questions and possibly offering incorrect information. If a question cannot be answered by merely pointing out where the information might be found within the document package or simply by giving a general explanation of what a document's purpose is, then the best option may be to explain that you do not have information on each individual loan and are not a licensed attorney, qualified tax advisor, etc. Then refer the borrower to their loan officer or other appropriate person.Remember, UPL not only includes providing advice and opinions regarding issues and matters but also providing advice and opinions regarding forms and documents. Direct any questions you may have relating to UPL to the state office governing notaries public in your state or call the National Notary Association information hotline.© 2005 Lynnette A. Phillips
Article may be reprinted freely as long as the author bylines and info box are included.Lynnette Phillips is a Certified and Experienced Notary Signing Agent and Mobile Notary Public commissioned by the state of California. Her past Clients have included First American Title, First Fidelity Mortgage, Alliance Title, GMAC, CitiBank, Hilton Grand Vacations, Countrywide. She is also a member of the National Notary Association, the NNA Signing Agent Section, 50 State Notary, Notary Rotary and the Yucaipa Valley Chamber of Commerce. Lynnette is currently studying for the California Dept. of Real Estate exam. http://www.yucaipamobilenotary.com
Keyword : Unauthorized Practice of Law, Notary Signing Agent, UPL, NSA, loan documents, commission, charges

Courtroom FEA: Does FEA Apply to my Case?

Author : Steve Roensch
Many attorneys hire metallurgists to study failures across many industries. Similarly, finite element analysis is regularly applied to a vast array of products. As discussed in previous issues of Courtroom FEA, FEA applies when something bending or breaking is an issue.The following collage presents some of the industries that FEA is applied to. The blue text lists some of the products the author has experience with. (Collage available at www.finiteelement.com/newsletter/CourtroomFEA_Vol03.html)FEA is a fairly recent discipline which allows the numerical solution of governing physical equations over complicated geometric domains. The method is regularly applied to the structural analysis of designs with complex geometries.The part being analyzed is divided into many small regions called "finite elements". The physical behavior within each element is understood in concise mathematical terms. Assemblage of all elements' behavior produces a large matrix equation, which is solved for the quantity of interest, e.g. the deformation due to a maximum loading condition. Additional quantities, such as stresses, are then computed.Commercial FEA packages are usually used, to insulate the user from the substantial programming required to perform even a simple analysis. Still, obtaining accurate results from any package requires an experienced analyst. FEA can, and will, deliver incorrect results to the inexperienced user, who will then make important design decisions based on this false information.Steve Roensch is a mechanical engineering consultant with more than 20 years of professional experience. He has analyzed hundreds of product designs and has served as an expert witness across many industries, including giving depositions and court testimony. Learn more about mechanical engineer expert witness services at http://www.FiniteElement.com.
Keyword : fea, finite element analysis, finite element, expert witness, forensics, expert, engineer, failure

Chicago Personal Injury Claims

Author : Jason Gluckman
On average, most personal injury claims are a result of auto collisions, and these claims usually fall under the heading of tort law. The person filing the lawsuit ought to establish that two main incidents have occurred. These two incidents are a "fault" and "damages." Although a few states do have "no fault" accident laws, as a general rule, injured parties can always approach the courts for damages they have incurred.In an automobile injury case, it should be established that the defendant failed to apply reasonable care while driving, and that it is this negligence that caused the actual damages to the injured party. It is very important that this is proven, since the jury will often decide whether to award a settlement based on this information.You can report occurrence of negligence in other cases as well. Although automobile accidents are most often reported, cases of medical malpractice are being reported and argued in court.There are also claims that arise due to personal injuries caused by defective products. In these cases, the injured party is not required to prove the negligence of the manufacturer or designer. In its place, the claimant must merely provide evidence that, in spite of the product being used as directed, the design of the product made that item unduly hazardous. If the claimant endured damages as a consequence, the courts will give a ruling in favor of a monetary award to cover medical expenses, pain and suffering, and lost wages.When considering lodging personal injury claims, it is important to speak with an experienced lawyer. Bear in mind the specific statute of limitations set by your state, and think about the fact that you need to get legal representation soon. Consider using the Internet to gather all the information you need about a lawyer.Chicago Personal Injury Lawyers provides detailed information about Chicago personal injury lawyers, Chicago personal injury funding, chicago personal injury law firms, and more. Chicago Personal Injury Lawyers is affiliated with Traumatic Brain Injury Lawyer.
Keyword : chicago personal injury lawyers, chicago personal injury funding, chicago personal injury law firms

Bail Bond Companies

Author : Damian Sofsian
Usually, the defendants or the relatives of the defendants make bail bonds prior to a trial. The bond is just to ensure that the defendant appears in court when the judge summons. Professional bondsmen charge a fee, usually 10% of the bond amount, depending on the percentage of the bond set by a judge.All the surety companies must file their rates with the Department of Insurance. All the bail agents representing a particular company must charge only these filed rates. The rate chart is required to be posted in a visible location in every bail bond office.When a bail bond is issued, the bonding company has to guarantee the appearance of the defendant in court at a given time and place. The bond protects the Government entity in whose court the defendant has to appear. In the event the defendant fails to appear, the bond amount becomes payable and is forfeited as a penalty by the surety insurer issuing the bond. Hence, bail bonds usually insist on collateral to protect the surety.Licensed bail agents, who specialize in their underwriting and issuance, must issue these bail bonds. However, bail agents can only be the appointed representatives of licensed surety insurance companies. It is important to deal only with a licensed bail bondsman employed with a licensed company. Please ensure that the agent's license and state identification are checked before committing to any agreement with the agent or the company the agent represents.A comprehensive list of the bail bond companies available worldwide can be found at the website www.bail.com.Another website, www.highwayhome.com, also provides information about the companies that deal with bail bonds. The location as well as the contact numbers of the companies are provided on the website.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license

Los Angeles DUI Lawyers

Author : Kevin Stith
Defense from the complex procedures and severe punishments involved in DUI(driving under the influence) cases usually requires the expertise of a competent lawyer. The services of a DUI lawyer become all the more imperative if you feel lost and clueless in interpreting these laws. This is not to say that you can not represent yourself, but you must keep in mind drunk driving invites stringent punishment.In California, fighting a DUI case involves complicated procedures, sentencing and administrative license issues. You must have a clear cut understanding of the rules defined by the National Highway Traffic Administration, and what you can do if your license is suspended. If you don't feel confident, then opt for a qualified attorney to fight your case. An good attorney will know the state's DWI laws, how to interpret police evidence and how the state's Division of Motor Vehicles works.You will need advice on the California's driving rules and regulations, as well as how the state's DMV suspension hearings work. There are complex procedures involved in getting a copy of your driving record, and you may also need to calculate your blood-alcohol level.A qualified attorney can review the case, find loopholes, have blood tests analyzed independently and negotiate for a lesser charge if convicted. Do not settle for any lawyer. Find someone who has a high success rate in fighting DUI cases. The best way to do this is by visiting local courthouses and speaking with bailiffs, clerks and public defendants. You should also consider hiring an attorney who is a member of the National College for DUI Defense.Los Angeles DUI Lawyers provides detailed information about Los Angeles DUI lawyers, driving under the influence, DUI and fines and more. Los Angeles DUI Lawyers is affiliated with Florida DUI Attorneys Info.
Keyword : Los Angeles DUI lawyers, driving under the influence, DUI and fines

Choosing the Right Attorney

Author : Rich LoNigro
Choosing a lawyer can be a tough decision. The most important part of the decision is what type of attorney you will require. If you are going to court for a possession charge, you need a criminal defense lawyer. If you are going for a divorce, naturally you want a divorce lawyer. Choosing specialized representation is always a good idea because the person you choose as your attorney will have a vast wealth of knowledge on that particular subject, instead of a small amount of experience in many different fields. You don't need your personal injury lawyer to know anything about divorce law right?So where do you find a reliable lawyer? The most convenient way it to look online. There are a few reliable web sites out there for finding an attorney in your city or state. Generally you want to search based on the type of representation you require, followed by your state or closest major city. You can also find one through word of mouth, or looking through directories.What are you looking for in a lawyer? Well you definitely want him to be an honest, warm person. Don't waste your time with people who seem like your not worth theirs. You also want someone with experience. Inquire about experience : how long he/she has been practicing, what school they graduated from, etc. Most attorneys will happily show you their credentials. If they hesitate, they likely don't have many credentials and you might want to stay clear of that particular person.Overall, when looking for the right attorney you just gotta use your judgement. The same rules apply to choosing a family doctor or a psychologist; you want to feel comfortable that you are being taken care of. Never be afraid to ask questions, and most importantly keep yourself involved in your case. If you are filing for bankruptcy, read up about the laws and exemptions of your particular state.Rich LoNigro is a college law student and runs The Attorney Search . His website allows the user to search based on type of lawyer and state/city, currently hosting Bankruptcy, Divorce, Defense, Immigration, Mesothelioma, Personal Injury and Tax attornies.
Keyword : law, lawyer, attorney, personal injury, tax, divorce, defense

Justice

Author : Lloyd Johns
To begin with, on April 19, 1995, a homemade bomb blew up in the Alfred P. Murrah Federal building in Oklahoma City. The bomb killed 168 people – build-employers, people who had come for services offered in the building, and 19 children under the age of five who were in the day-care center on the building's second floor. The event shocked the entire country, devastated Oklahoma City, and shattered the lives of the families of those who were killed.After an exhaustive search, the FBI identified Timothy McVeigh as the man who made the bomb, drove the van carrying the bomb, and set the bomb to explode soon after the building had opened for business for the day. His motive was anger at the government and a distrust of justice. He did not know nor did he have any personal arguments with any of the victims who died in the blast.In June, 1997 a jury in Denver found McVeigh guilty of committing the crimes. During the sentencing phase of the trial, many family members of those killed were allowed to testify. All were angry and deeply hurt. Many wanted McVeigh to die. But a significant minority thought that he should be allowed to live.The testimonies of the victims' relatives were published. Here are two different views of persons who lost loved ones."… There was nothing arbitrary about McVeigh's conscious decision to do what he did. He chose to park the truck, put in his earplugs and walk off. When he did that, he took away the rights of 168 people to ever make decisions of their own again. My brother and the others can't elect to work, or play, or spend time with their families. So I don't want McVeigh to have the freedom to even get a drink of water in his cell. If those 168 victims cannot make the most basic of chooses, why should he? McVeigh has to pay for the choice he made on April, 19, 1995 – and he has to pay with his life.""Most people believe Timothy McVeigh should be put to death. I certainly understand their anger: my daughter Julie, a Spanish-language translator who worked for the Social Security Administration at the Murrah buildings, lost her life in the bombing. I am filled with rage at McVeigh. But I don't think he should be executed… Lock him up for good, with no chance to get out. Is that punishment enough? The part of me that is still screaming 'kill him' does not think so. Nevertheless, my Catholicism teaches that even he has a soul, we must at least try to save him – and even try to forgive him. I am still too angry to deal with that now. But I'll have to be forgiving if I am to have peace. That would be harder if he is executed. I don't want McVeigh's death on my head…"One week after testimonies were published, McVeigh was sentenced to die by lethal injection.The question of dual nature of justice is sure to be illustrated by the story of this crime. There is a mass murderer and the society as a representative of victims. The murderer has his personal vision of justice. So the suffered people do.Everybody looks for righteousness in his or her life. All of them are sure to have their own vision of justice. However, sometimes their standpoints are deeply different. And here is the problem of misunderstanding in the society. People are still building the Babylon tower and speaking different languages: somebody finds the world to be beautiful and somebody thinks that it is wrong, full of hate and injustice. Therefore, the main matter for such persons is to change and modify it globally. Not for better, unfortunately. They are ready to ruin, kill, and make others suffer greatly. They name themselves "missionaries of integrity", "judges", "Messiahs". They are cruel and angry with the government, officers and just people. They want the world to repay for their unluckiness, loneliness, nothingness. That's why they commit awful crimes, trying to make people to be afraid of life.Timothy McVeigh felt the injustice. He wanted to be great, famous. He wanted to feel the power. But he was too week to be noticed. And he decided to lead a Judge. So he made a bomb and shattered 168 worlds. This blast didn't kill his own fear and disappointment; it destroyed numerous hopes for future. The mass-murderer realized his own unmoral dream of justice. He passed the Rubicon of humanity, he committed the crime.The way to get rid of the same crimes, to save our world from the darkness of terrorism, violence and cruelty is the administrative judgment.What do people mean saying "justice", "judgment", "judicature", "a judge"? Of course, they use these words to name one of the most conventional standpoints, based in our mind genetically, and formed millions years ago. Society is always waiting for punishing the "rule-breaker". That is a way to prevent the other members repeat the mistake. That's a historical form of justice.Much time has past. The world has changed, but people are the same. Their methods of solution the main problems are the same too. We still differentiate good and evil, fight with evil. Moreover, if we are still able to undertake steps to save our society, we will keep it protected.
To finish with I can't but say that we all are the guardians of our future. If we remember it, our life will get the sense and hope for better.Lloyd Johns was a professional freelance writer for 13 years.
Now he is a technical writer, advertising copywriter, & website copywriter for Custom Essays Writing Network
Keyword : justice, judgment, judicature, a judge

Law Lemon Attorney

Author : Ray Walker
Buying a new car is a big step for most people. A great deal of thought and research probably went into the process before you even entered the car dealership. With the amount of models and options available to the consumer today, it's a wonder any of us can make a decision. But, you finally have and are the proud owner of a brand new car. Great! Everything's brand new, there's a warranty and everything should be smooth sailing from here on out. Sounds good but, unfortunately, that isn't always the way it works out. For those unfortunate few, their new car will turn out to be a lemon. If you find yourself in this sinking ship, the best thing you can do for yourself is to consult with a law lemon attorney.Even though all fifty states now have some form of the lemon law on their books, the conditions and coverages for these laws do vary. A law lemon attorney can help you sort through the particulars of the law for your state and will help you decide if you even have a case.If you do, there are steps that will need to be taken before you can apply for the lemon law and criteria that will need to be met once you do. These steps include getting documentation for each and every repair ever done on the car, keeping all your invoices and receipts for these repairs, and documenting any and all conversations regarding these repairs that you have with the dealership. Most of the lemon laws require that your car be out of service for at least 30 days of the year to be eligible for coverage. Documentation will go a long way with helping to prove this. This can and will be a long and drawn out process and having a law lemon attorney may help to speed up the process a bit.Some dealerships may offer you the use of a law lemon attorney, but be wary of this. These attorneys are not necessarily looking out for your best interests. Hire your own attorney. Many attorneys will offer you their services at no up front cost to you, only a percentage if you win your case. Others may charge you, but if you win, the settlement may include your legal fees anyway. Ultimately, having an law lemon attorney is a win-win situation.By
Ray Walker
Lemon Law Information
Keyword : Lemon law, California lemon law, Used Car lemon law, Lemon Law Lawyer, Auto Lemon Laws

Sarbanes Oxley Training

Author : Earl Powers
The Sarbanes Oxley Act is incredibly complex and affects several different parts of your corporation in different ways. In order to comply properly with it, you will probably need specific targeted training for what your CEO and CFO need to know about the Sarbanes Oxley training; what your IT department will need to do; what your Board of Directors should be reviewing; and how to oversee Sarbanes Oxley training in its entirety in your business.That's a lot of Sarbanes Oxley training. Small and large corporations both should be concerned about getting training targeted to addressing Sarbanes Oxley. With smaller companies, generalized Sarbanes Oxley training for everyone along with perhaps a specialized class or two for the IT department on SOX 404, and a class for the accounting department on how auditing and accounting procedures are affected. For larger corporations, more specialized classes may be necessary.Suggested classes for Sarbanes Oxley trainingAll affected personnel in the executive, accounting, and IT departments, as well as key middle management, should get overview training on the Sarbanes Oxley Act. You might consider having this sort of class before starting specialized Sarbanes Oxley training, and following up at the end of all classes with a debriefing meeting for the same personnel, so that special concerns can be brought up and addressed at the same time for everyone.A course on understanding section 302 of the Sarbanes Oxley Act is a must for executive management. A good course on this section will teach you the following:What you're really certifying.
What disclosure controls and procedures are, and how they differ from internal controls.
What steps you should take immediately to implement Sarbanes Oxley.
What you should do long-term for Sarbanes Oxley.
What you should do prior to signing off on financial reports.Your IT department will need some serious training on SOX 404, the part about your internal controls over financial reporting. IT departments have proven to be critical to providing these controls, and they will need to understand what controls they should provide, what they need to change about their current IT practices, and what new software they may need to implement.Your accounting department will probably need Sarbanes Oxley training in a variety of different areas, including SOX 404 and intensive instruction on what kind of auditing procedures they need to implement. In addition, you should consider having a full review of your accounting and auditing practices by a professional trained in Sarbanes Oxley requirements who can examine your entire financial management procedures and determine what Sarbanes Oxley training your company will need in order to comply with these new laws.After Sarbanes Oxley TrainingAs you have gathered by now, the Sarbanes Oxley Act is a very complex piece of legislation that will have a real impact on the way you do business for many years yet to come. After your initial implementation of [Sarbanes Oxley training], you should have someone in your organization taxed with keeping up with new developments, and at least consider followup training every year. The full effects of the Sarbanes Oxley Act are impossible to predict, but if you get the best Sarbanes Oxley training available right now, it should have a minimal impact on your business.Earl Powers, US Lawyer and Sarbanes Oxley Training expert - focusing on Segregation Of Duties and Oxley Sarbanes
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My Father's Will

Author : Donovan Baldwin
The year was 1981, the state was Florida, and I had just flown back from Germany for my father's funeral. My sister and her family were down from New York, and, a few days after the funeral, we were sitting with my mother in a lawyer's office in downtown Pensacola. My mother had just learned that she didn't have any say over what happened to the money she and my father had saved over the years, and she didn't have any control over what happened to the house they had paid for together. She was at the mercy of the State of Florida because my father had died intestate - without a Last Will & Testament.Fortunately, she and my father had raised their children well. All that was required was for my sister and me to sign a paper relinquishing our claims to any part of the estate. Had we not signed, however, the estate, including the house, all the money in savings, and the $40,000.00 in Certificates of Deposit would have been divided among the three of us. That was the law, and that was the result of my father not having a will.My sister and I did not hesitate for an instant. We signed without any problem, but how many families could say that all the possible heirs would be so compliant and agreeable? Even worse, each state has its own way of dealing with the distribution of assets to the heirs of someone who dies without a last will and testament.There are a lot of options available in addition to the commonplace will for protecting the distribution of assets upon someone's death, including such things as living trusts, but the Last Will & Testament still ranks as one of the simplest and best ways of insuring that your heirs will get what you want them to get without the intervention of courts and lawyers. Taking that for a fact, a Last Will & Testament is one of the most important legal documents a person can create during his or her lifetime: it is the document that determines who receives the assets of that person upon his or her death.The laws of most states are designed to provide the assets of an estate first to the surviving spouse and then to any children of that person if the spouse is no longer living, but this hierarchy of distribution is not always guaranteed. Indeed, in our case, all three of us, my mother, my sister, and I were considered to be equal in our claims upon the estate. When you think about it, my mother and father had paid for the house without any help from us, and for most of the years she had worked as a grade school teacher, my mother had willingly put every penny of her paycheck in their savings account in the expectation of them having that money in their senior years. The laws of the State of Florida said that she no longer had an unchallenged claim to that house or money.Setting aside just a few minutes to visit a lawyer or fill out a legal Will form is simply smart estate planning. A Last Will and Testament will guarantee that your family receives the assets of your estate in the manner you desire when the time comes. Why allow the uncertain vagaries of state laws and the decisions of someone who knows nothing of you or your family affect your spouse's finances or your children's finances after you die?Creating a legal Last Will and Testament document allows you, the maker of the Will, to specify exactly who is to receive the assets of your estate. Creating a Will shortens any legal processes exponentially, as the only major question remaining before the distribution of assets is the authenticity of the Will, which can easily be proven by the signature of the Notary. Creating a Will removes nearly all questions about the distribution of the assets of an estate and speeds the transfer of those assets to the designated survivors.Even though the obvious value of having a will may fall victim to a person's uncertainty about choosing a lawyer, or the costs associated with hiring an attorney, there are many other options available today. Many office supply stores have forms for a Last Will and Testament, and there are many sites on the internet where you can find forms, software, or services which will help you prepare a perfectly legal Will for a fraction of what an attorney would charge. You can even write your own will if you wish, but be aware that it is easy to say the wrong thing if you are not aware of the requirements of the law, and a good form or software program will help protect you against most simple errors. Of course, someone with a large estate, or someone with a complicated distribution problem should contact an attorney rather than attempting to prepare a Last Will and Testament themselves.The author is retired from the Army after 21 years of service. He has worked as an accountant, purchasing agent, optical lab manager, restaurant manager, instructor and long-haul, over-the-road truck driver. He has been a member of Mensa for several years, and has written and published poetry, essays, and articles on various subjects for the last 40 years. He has been an active internet marketer since 2000, and now makes his living online. He offers a selection of legal forms and software at http://www.legal-forms-supermarket.com/.

To read other articles by the author, please visit http://business-info.xtramoney4me.net.
Keyword : will, last will, testament, last will and testament

Work Accident Compensation Following A Machinery Accident

Author : Ranj Kaur
Thousands of people in the UK are employed in jobs which require the use of dangerous machinery. In 2004/5 57 plant, process and machine operatives were killed whilst carrying out work tasks compared to 2 people in administrative and secretarial occupations. Wood working machinery causes more injuries from work accidents than machinery in any other sector.The risks to health are obvious, machines with movable working parts carry the risk of trapping workers, between rollers or cogs, entangling limbs, when there are rotating or moving parts or ejection, from grinding wheels or drills. Personal injuries can also be caused by straightforward contact with moving parts such as drill or sander which can cause abrasions or friction burns.Workers are also at risk from non mechanical faults and hazards such as electrical risks, noise, vibration, dust and fumes. All of these can cause considerable work related injury from electrocution to dust related cancers.By law all machinery should have safety guards so that moving or dangerous parts are kept away from reach. If dangerous parts are within reach then they should be properly covered to prevent access. If guards can be removed, for example to be cleaned, then proper supervision should be given in order that operatives do not remove the guard at any other time.Guidelines to prevent a work accidentIn order to prevent an accident at work that could potentially endanger someone's life there are some guidelines that should be followed when machinery is used.The guidelines are as follows:Everyone using a piece of machinery should be fully trained and checklists should be used to ensure that all important points are coveredThe proper guards should be used and signs displayed to remind workers to use the guards. Guards should be in place before the machinery is startedThe areas around the machinery must be kept clean and tidy and free from obstructionsThere should be clear space around the machinery so that the risk of accidental interference from other workers is reducedLighting should be sufficient around the machinery. Flickering lights should be fixed as they can cause problems with moving partsAppropriate clothing should be worn when using machineryIf a machine is broken it should be clearly signed to prevent workers from using it and possibly causing a work accidentMaking a work accident claimIf you have been in a work accident and sustained a personal injury then you may be entitled to claim personal injury compensation. All employers are responsible for providing a safe working environment. If they have failed in their duty of care and you have sustained an injury as a result then you are entitled to seek compensation.For free legal advice regarding making a work accident claim or to learn more about machinery accidents visit www.the-claim-solicitors.co.uk, or call them on freephone 0800 197 32 32 for free legal advice.
www.the-claim-solicitors.co.uk have many years experience of handling personal injury claims and can help anyone suffering from a work related injury to get the compensation that they are entitled to.Editorial notes: Online personal injury compensation claim people with a 97% claim success rate. Call 0800 197 32 32 or visit http://www.the-claim-solicitors.co.uk for more details.
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Employment Attorneys: Services And Benefits Of Retaining One

Author : Robert Thatcher
Employment attorneys practices on a wide range of employee and employer relation laws that deals with how employers must treat their employees, whether they are currently employed or are former employees and applicants. A good employment attorney reduces the risks of the employer and the employee through the direction that they provide in protecting the rights of both.For employers and business owners, an employment attorney can- Review company manuals, employee's handbook and company statements of policy
- Represent the employers before Labor Commissions Boards and the Equal Employment - - Opportunity Commission and other human rights agencies.
- Assist the employers in the implementation of wage and hour laws and claims.
- Provides assistance during mediation proceedings.
- Represent employers on claims, grievance and arbitration hearings.
- Represent the employer regarding charges that are filed against the company.
- Counseling and represent employers during collective bargaining agreements with the Trade Unions.
- Provide advice and consultation on issues regarding strikes lockouts and represent it during litigation.
- Retaining employment attorney's can save a company many worries that involve labor and employment laws and decisions involving the workplace.Employment attorneys are good counsels for employees involved in cases like discrimination, illegal termination, sexual harassment, wage and compensation issues, deviation from contracts, harassment's, severance packages etc.Whether one is an employee or an employer, retaining an employment attorney can give good directions assuring the compliance to state and national laws that are designed to prevent conflicts and to protect everyone's right.There are many ways to find a good employment attorney.The local bar association is a good source. The association can refer you to one of their colleagues who is an expert at this. The National Lawyers Association has thousands of members and you can find one that you can work comfortably with.Many employment attorneys have their own websites. Their sites will detail their area of expertise. Referrals from friends and the yellow pages can also be a source.When looking for an employment attorney, find someone that has handled cases similar to yours. The more cases they have handled that is relevant to your case, the better you could be represented. Do not hesitate to ask lawyers questions regarding their background and experience. They should manifest professional competence. As a benchmark, the employment attorney that should interest you should have handled at least 70% of similar cases. The employment attorney that you choose should satisfy your questions and that he must be able to answer in ways that is not ambiguous and as much as possible free from legalese. A good lawyer is someone you can trust and be very comfortable working with.Employment attorneys however, like any other lawyer can only work to the extent of the information that are given to them. When seeking to retain an employment attorney, do not withhold information from them. Clients who choose to tell only things that they think are important often create a problem where none should have existed. It will be very hard for them to determine strategies and actions plans to your case when the details are not laid down very well.Remember that lawyer's only work with you. Whatever the case may be, it will be you who will benefit much from an employment attorneys services. It is also you who could enjoy the results.Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides employment attorney resources on http://www.about-employment-attorneys.info.
Keyword : employment attorney

International Terrorists Sympathizers Using Our Media to Argue Their Case

Author : Lance Winslow
During the past week I have spent my time participating on Political News Forums and Blogs and it is obvious that the sympathizers of International Terrorists, money raisers and recruiters are using our media reports to form arguments for debate. In fact they take the dirty laundry we air on our TV and in our newspapers and all our own divisiveness and embellish it to convince others of their cause and our evil.Here is a recent post from a Hamas sympathizer on a political Blog; "The first to go into this arena should be the Bush Admistration, as they send the dirt-poor men and women who join the military for a job and then the oilmen sit back and reap the benefits...meanwhile the young people( along with Iraqis) are killed."That is a bunch of hokum obviously and I know it, because my Dad and brother are in the US Military and they are far from poor. Statistically these comments are baloney. There are both wealthy and poor in the US Military. And in the United States our poor live like royalty in regards to many others in other poor countries of the world so this is simply incorrect. Dirt poor says the international terrorist sympathizers? But people do not starve in America, so those we might consider our poor are not by world's standards anything close. The problem is that other people around the world do not know this.Further President Bush is a great American President, one of the best leaders and the Free World is lucky to have him as the top leader of all nations. Additionally this supporter in the blogs of International Terrorism is a scoundrel in the midst and hardly has any right to speak of that which they do not know. Less than 3000 people US Soldiers have died and an entire nation has been liberated and may now choose its own destiny.Liberty and Freedom, I suppose they do not think that is of value, as it would cut into the International Terrorists sick vision of the world, which they would rule over. And these comment about the deaths from combat; there are 300 million people in the United States, third largest nation in the World population wise and 2500 people die in automobile accidents on a 3-day holiday weekend and they die in vain, not the American Soldiers. Dying for the sake of freedom is something that should be rewarded and admired, not attacked by people that just do not get it. Be wise and careful what you read, as now these bloggers on the Internet are trying to shape our media's opinion with theirs and our media is helping them do it too. Consider this in 2006.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : International Terrorists Sympathizers, Using Our Media, Argue Their Case

Prize; Name an Organization or Profession, which Has Done More to Screw Up America?

Author : Lance Winslow
What is the most deadly organization to the United States economy? If you answered Al Queda you are just an ignorant member of those who have surrendered their minds to the mass media hysteria on the six o' clock news. Oh really you say and ask well then hot shot what is it? Well, it is simple the most deadly and destructive organization is the American Bar Association and its members and thus the most deadly profession is that of the Lawyers.The lawyers in America have done more to screw over America and our nations economy than back-to-back Hurricanes, locust plagues, Earthquakes, Super Volcanoes or those Al Queda idiots combined. In fact the lawyers are so destructive they are the single biggest problem in the world today. And no where on Earth are there more of these maggots than right here in the United States.It is sure interesting that we spend billions to stop Al Queda and refuse to come to the reality that the real enemy is the sleeper cells calling themselves Law Firms. So, does that mean we should also hunt down all lawyers and kill them at time and place of their choosing you ask? Well, I did not say that you did. But I will refer to my good friend Caesar who had by for the best idea I have ever heard. Do consider this in 2006, we must stop them or all will be lost.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : Organization or Profession, Has Done More to Screw Up America

Making Criminals Out of Human Beings in America

Author : Lance Winslow
So often we are quick as a society to judge our fellow man and to condemn anything that is not like us? If we are Christians we judge Muslims and Jews? If we are Black we judge whites and Hispanics. If we are poor we judge the rich. It is always someone else's fault.You know we also do this with criminals don't we? Recently this topic of conversation came up in an online think tank when a member stated; "The public has the perception of us vs. them with respect to law-breakers."Well it is human nature to categorize things. "Criminal" is a word, which is a label, it is a noun representing a "person" and therefore used to categorize. This is how the human brain does things, how it decides where to commit something to memory and imprint the data. As far as this setting up a mentality of us being better than those we label as criminals, that to is human nature and inherent.Are you asking to educate people to re-wire their brains to think differently? If so, yes that can be done thru memorization responses in educational reward or penalty testing. But if we teach the human brain not to categorize and see all things in shades it can cause issues with higher learning in various other research fields and we will need humans for that too. Humans run the systems and flows of civilization and the way their brains work help achieve that, do they not?And in philosophically asking this question the next question is; should we rewire human thinking to not see categories? So whereas you see a mailman, instead you have to call the image something else such as a man. But that is a categorization also in that a man is different than a female or woman. So you have to call it a person. But is that fair to the dog? Dogs are people too?You see the problem with the re-wiring of the human brain in categorizing. And to your point about us being better than them. I think many dogs are much more honest than many people. Which genetically we know that is true because humans are exceptional at deception, which is one thing, which clearly separates us from other species in the animal kingdom. Perhaps we might all consider this philosophy and think on this in 2006.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : Making Criminals, Out of Human Beings, America