Wednesday, March 7, 2007

Get a California Compensation Attorney for Your Slip and Fall

Slip and fall injuries are sudden and can be the most devastating experiences of one's life. One moment you are and the next your entire life has changed just because someone was negligent or careless. You should not underestimate the extent of your personal injury that a slip and fall accident can cause. And neither should you accept it lying down. It can be a permanent damage like paralysis, lost limb, impaired sense organ, brain damage or the death of a loved one. The one responsible should not go unpunished or unscathed. So opt for the best California Compensation Attorney for Slip and Fall injuries who will guide you through the entire process of compensation the moment you decide to take necessary action.

After any slip and fall accident, get in touch with a California Compensation Attorney. They can help you file your compensation claim. Don't sit there and do nothing when you know for a fact that the injury was caused by someone else¡¦s negligence. Act right away!

A California compensation attorney will ensure that your personal injury rights are not violated in any way and you get the maximum possible compensation that you deserve for the trauma that you have been through. Compensation may be in the form of monetary damages for economic losses like medical expenses, income loss, property damages or physical damages like permanent disability or broken limb. The psychological trauma is also a major consideration for lawyers as the mind takes a long time to heal from the pain and depression. A personal injury attorney has the power to ensure a claim for you which will set you up for the future which has become unpredictable due to your injury caused by another person's reckless or wrongful act. The cost of hiring a California compensation attorney might be a deterrent but it should not stop you from taking the right course of action.

Most of the Californian personal injury attorneys have a "no fee" option. This way they obtain payment when the case is won. So in reality, there is no need for you to wait any longer. Get your personal injury case to a California personal injury attorney who knows what to do. You might have overlooked some things that will cause you to think that your personal injury case is not valid. But the California personal injury attorney will be able to open your eyes to these matters. They will also provide you with all the research necessary to make your personal injury case get the legal handling it deserves.

What is the Importance of Compensation Attorney Licensing?

When you find that you need the services of a compensation attorney, you might have a few specific questions or points for which you are actively seeking one of these professionals to meet. Due to the very personal nature of many compensation cases, you are very likely interested in the kind of attorney who will be attentive to your case, handling every aspect with great care and outstanding professional practices. With such particular needs in view and required by so many clients, it is obvious why a compensation attorney needs proper licensing. Such licenses actually come in a number of different forms. Typically, compensation and personal injury attorneys will possess a general practitioner¡¦s license. This license certifies them to act in compensation cases. Practice licenses are obtained by compensation attorneys from presiding law authorities. Attorneys are bound to adhere to the rules and regulations established regarding compensation as well as personal injury attorneys.

You would need to check your compensation attorney's degree and certification which would prove his training as a competent lawyer. Along with the law department's authorization, the compensation attorney should also have a license granted by the state he is practicing in. If the laws and statutes are similar in more than one state, often the personal injury attorney has licenses for these multiple states. This allows a wider selection of clients in volume and strata and helps them spread their business further. Compensation Attorneys can have licenses as an individual practitioner or as a firm. In the case of a firm it will be more than a legal practice license. The firm should also have the trade license to operate as a business.

For many, dealing with aggressive lawyers is an unpalatable thought. And the often repeated history of personal injury attorney scams, have made people all the more wary. To avoid falling into the same trap you need to check your compensation attorney's licenses as mentioned above and also be aware of the current practices in personal injury cases so that you are prepared and armed with information before taking any decision or choosing any compensation lawyer. The lawyers should have the necessary skill and expertise in trial advocacy and proven efficiency, integrity and dedication towards the interests of their clients.

Being informed about your chosen personal injury attorney helps you maintain the confidence you need to know that you will not end up in any sort of trouble or in debt as a result of some personal injury scam. The best way you can be sure that your personal injury attorney is the real deal is to ask. This requires you to do the necessary homework by contacting various personal injury attorneys for free consultations to get and compare advice.

Getting Your First Client As A Compensation Attorney

Setting up a compensation attorney business is like setting up any other business. You need to invest for the set up and then publicize your name or brand and services to get business which will eventually help you break even. To bring in steady revenue and gather profits on it you need to garner a sizeable number of clients. This will not happen in a day and like in any other business venture you need marketing tools like advertising and PR to create awareness about your company and generate interest about your services. You need to work on your USP which will help you stand apart from the existing players and your competitors and help in getting repeat business. To get started as A Personal Injury Attorney you can begin with advertising through billboards near your office or put ads in the paper and yellow pages.

This is where you should consider advertising your Compensation Attorney Business. Generally the first avenues of advertising professional services is the Yellow Pages along with a nice descriptive signboard outside your place of business. Alternatively, you could also consider using pamphlets or business cards to let more people know what business you are in. A warning, don't be known as an ambulance chaser, it will ruin your reputation especially if you are just starting out.

You can distribute these cards at every meeting you have or every event that you attend locally or otherwise. A compensation attorney is required by people from all walks of life sometime or the other. At times of terrible trauma and pain ordinary people are too devastated to act for themselves and need the guidance and advice of an expert. Which you are. The victim might have heard of you or the call might have come from the victims friend or family. In each case the call was a result of your efforts to let the world know about your skill and knowledge to help personal injury victims win successful compensation. Being a compensation attorney is a tough job but letting people know that you exist can be even more of a challenge.

You have to spend money to make money in the crazy world of personal injury attorneys and when you get that first client through the door, you will then have to make sure that the rest will follow by advertising through your actions. Send that client away happy, and then they will advertise for you word-of-mouth.

Tips on Hiring a Personal Injury Compensation Attorney

A compensation attorney works as your savior in your strong personal injury case. A compensation attorney, also known as personal injury attorney or personal injury lawyer, is a person who has specialization and expertise in personal injury cases. Your personal injury attorney can advance your case effectively.

One of the first things you will notice upon hiring your personal injury lawyer is that she will consistently try to make you feel like time is running out on your claim. They can make you think that if you do not claim now, then the window of opportunity is gone.

For a personal injury attorney you are just another case, another source of income to augment their business. But for you this case is probably the most harrowing experience of your life. No matter how many visits your personal injury lawyer makes to your hospital room or your home, there is absolutely no obligation on your part to choose him or her. You have the right to take your time and settle down into your normal routine before making any decision. You are not running out of time, no matter how many times you are told this by your attorney.

After studying your case, if a compensation attorney finds your case potentially strong, he/she will try to pressurize and convince you to catch your case. Here again you need to be little cautious. Hire the attorney if you really feel that the guy is really capable of winning your case. In case of any doubt, you should look for some better one.

Although we might think that the personal injury attorney has our best interest at heart, they might actually out for the big payout. They, too, need the money to make a living out of being a personal injury attorney. And to the personal injury attorney, losing a case can mean money out of their pocket and to their competitors.

You are the master of your own time. The damage has been yours and ultimately the decision lies with you. It is true that personal injury cases are often complicated and time consuming. And to finally go ahead with the case you would definitely require legal guidance and representation. Nevertheless, you must weigh all your options before choosing your personal injury lawyer and go ahead with the proceedings. If at any point of time you feel uncomfortable with your lawyer or feel that it would be worthless effort, do not continue even if your attorney tells you otherwise. For them it is always a race against time, but for you it will be time well spent if you delay and decide at your own pace.

The 5 Biggest Mistakes Made by New LLCs

Mistake #1 Doing Business Before the LLC is Formed.

You are personally liable for any business activities or transactions that take place before your LLC is formed. A person can sue you years later for something you did today. If your business becomes successful, those early acts could cause you to be the subject of a personal lawsuit. Don't think it has not been done. With over 70,000 lawsuits filed a day, this world is filled with people and their predatory litigation attorneys looking for successful small businesses to attack.

Mistake #2 Failing to Actually Issue Ownership Interests in the LLC.

Many business owners create an LLC but never actually issue ownership interests (known as Membership Units) to the persons that are going to be owners of the LLC (known as Members). It can be easy for you mistakenly think that because you created the LLC, you are automatically the owner of the LLC. The fundamental premise of an LLC is that it is its own separate entity. When an LLC is formed by a state agency, it does not have owners. Membership Units or a percentage interest in the LLC must be issued to the persons who will be the owners. This issuance transaction should be in writing. The LLC Operating Agreement is the typical place where the LLC issues shares to Members. Make sure that after your LLC is formed, you complete this next step.

Mistake #3 Failing to Create a Management Structure.

An LLC needs to have a management structure. A management structure determines who has the authority to make decisions on behalf of the LLC. There are two management structures. A member-managed LLC is when the members automatically have the rights to operate and manage the LLC business. The second is a manager-managed LLC which creates a corporate type structure. A Board of Managers is created and persons who are appointed to that Board have the authority to run the business. The best place to create a management structure is in the LLC's Operating Agreement. All LLC's should have an Operating Agreement as this agreement creates the set of rules for your LLC.

Mistake #4 Failure to Get Investment Obligations in Writing.

The LLC Acts of most states require that all agreements by a Member of an LLC to contribute money to the LLC must be in writing. An oral agreement is not enforceable under the law. If you are planning on starting a new business with other persons, you will likely get together and decide on how much of the business each of you will own and on what obligations each of you are agreeing to with respect to that business. Obligations usually include how much money you are each going to contribute to the business or what kind of services and time commitment each of you will devote to the business.

These conversations take place but in many multi-member LLCs, they are never placed in writing. Without a writing, any oral promises are not enforceable. If you issue Membership Units based on an oral promise and the Member fails to deliver, you cannot take back the Units.

Mistake #5 Thinking that an LLC is a Foolproof Layer of Liability Protection

Yes, it is established that a Member of a properly formed and maintained LLC is not liable for the debts, obligations and lawsuits of the LLC merely by being a Member of the LLC. But, in a realistic business context, persons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business.

In today's litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC. Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate. There are certain standards and formalities you need to meet or else you run the risk of being personally liable (this risk is known as piercing the veil risk).

The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances. Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager.

Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable.

In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business which includes getting the right help when needed in your business!

Tuesday, February 27, 2007

What Everybody Ought to Know About Administering a Special Needs Trust

Even if a special needs trust is properly prepared, the special needs trust can affect the child's ability to receive government benefits if the special needs trust is not properly administered.

For example, recipients of supplemental security income (SSI) are entitled to receive $20 of unearned income per month without reduction in SSI benefits. Receipt of unearned income in excess of $20 per month, however, results in a dollar-for-dollar reduction in benefits.

Because distributions from special needs trusts are considered unearned income, distributions in excess of $20 per month result in a benefit reduction. In addition, using trust property to provide food or shelter for the person with a disability results in unearned income as well.

How can this limitation on trust distributions be avoided?

Have the special needs trust purchase items for the person with a disability and retain ownership, permitting the person with a disability to use, but not own, the property, and do not use the special needs trust to provide food or shelter.

Under the SSI eligibility rules, special needs trust distributions that do not result in the person with a disability receiving food or shelter, or anything that can be used to obtain these items, do not count as unearned income.

Thus, the trustee can use the special needs trust assets to pay for items such as vacations, recreation and leisure activities, companion or housekeeping services, special job training, vocational or employment supports, lawn care, laundry services, CD players, television sets, VCRs, computers, medical insurance, improved medical or dental care, telephone bills, or furniture without any reduction in benefits.

If, instead, the trustee were to give the person with a disability the money to pay for these items, the distribution to the person with a disability would count as unearned income, resulting in a possible reduction in benefits.

Similarly, if the person with a disability were to actually own, rather than merely have the right to use, the item purchased, the receipt of the item would be considered unearned income because the item could be sold and converted to cash.

The trustee will also be required to perform various administrative functions related to the special needs trust. The trustee will need to obtain a taxpayer identification number and file annual tax returns.

Generally trust income that is used for the beneficiary will be taxed to the beneficiary, and the trustee may need to help the beneficiary with his or her taxes as well. Trust income that is not used for the beneficiary will be taxed directly to the special needs trust.

The trustee will generally have a fair amount of discretion in investing trust assets, but investments should generally be conservative in order to preserve the property in the special needs trust for the benefit of the person with a disability.

Investment in tax-exempt securities may be advisable both to protect the special needs trust property and due to the generally high rate of tax applicable to trust income.

The trustee will need to keep good records of trust income and expenditures both because the special needs trust document is likely to require that accountings be provided to a person specified in the document, and because trust activity may later be questioned by the government to make sure that the trust has not been administered in a way that affects the beneficiary's entitlement to government benefits.

The trustee will also need to be sure to avoid commingling property in the special needs trust with other property owned by the trustee or the beneficiary of the trust.

Discovery Tools DWI Defense Attorney's Can Use

Many Police Officers who aggressively enforce DWI or Drunk Driving Laws are aggressive in other aspects of their job. Aggressive officers generate more than their share of citizen complaints and ensuing internal investigations. This makes for fertile ground in discovery for a defense attorney IF they know where to look. This bulletin is designed to instruct a defense attorney where to look for buried skeletons concerning their arresting officer. It is imperative that you know how to ask for information, what to ask for, and where to look within a police organization.

HOW & WHERE TO ASK:

Your success will depend on how thorough and effective you are in seeking this information. "Give them ONLY what they ask for..." is what legal counsel for police agencies will tell record custodians in responding for requests for documents buried deeply within the bowels of a police organization. So the FIRST thing you need to know is to be careful how you craft your requests. For example: A requests for information reading as follows: "All citizen complaints, etc...wherein Officer Jones...received departmental discipline..." will yield ONLY the complaints where a citizen’s complaint was supported with enough evidence that the officer was disciplined. More often than not, officers are NOT disciplined in citizen complaints where it is the officer's word against the citizen's. So a requests crafted in this fashion will likely not reveal all the citizen complaints where the officer has lied his way out of it. Remember, cops aren't stupid! They're generally not going to screw up when they know independent witness or a video-camera is present. You have to use the magic-words in your request!

WHAT TO ASK FOR: (The "personnel records" game.)

A request for an officer's "personnel file" will usually yield butt-kiss! (Unless you find mundane city personnel forms interesting reading.) Know that nearly all law enforcement agencies effectively hide their internal matters concerning officer's conduct in locations other than the officer's personnel file. You still need to ask for that because there will likely be valuable information concerning the officer's training, but don't stop there. In larger agencies that have an Internal Affairs Division, here is where you will usually find the Mother-Load of information! But don't limit it to that division. Craft your requests to include "all departmental internal investigations involving citizen, officer or supervisor complaints..." Also know that most internal affairs divisions keep a form of a rap-sheet, so to speak, on each officer. This will have a chronology of all matters investigated on this particular officer. Ask for that as well to be sure you got everything. Also, most internal affairs divisions maintain a master-log of all matters investigated including the personnel involved. This can be fertile ground for an attorney that does a lot of litigation with officers from one particular agency. Also, many police officers are rogues, traveling from agency to agency as their misdeeds catch up with them. Be especially wary of officers from small departments where their officers are paid hourly and there is a high turnover. A rookie starting out is one thing, but a seasoned and experienced officer? There a problem somewhere! In the "personnel file" you'll find their two-page city application that nobody looked at. This is worthless compared to their "Personal History Statement." These are basically a book the officer filled out in applying for their job where they were told to spill-their-guts about everything they've ever done wrong and they would likely be polygraphed on their responses. Also ask for performance appraisals/evaluations and reprimands/counseling/coaching reports.

Personal injury lawyer helps in recovering compensation

Lawyer is one person who can take you out from any legal tangle and that too without many hassles. One of the chief advantages of having a personal lawyer is that you can contact him at point of time and discuss the matter or your case in emergency. There are a variety of cases that may come across you in your life. Accidental case, personal injury case, theft or fraud case, criminal case and many others are there that are handled by various lawyers. If you happen to stuck in personal injury case, then personal injury lawyer will surely help you out.

Anytime in your lifespan you can encounter such situations that drag you in personal injury case. It may happen that someone has hit you or your vehicle by car and you are hurt because of that. This is the absolute case of personal injury and a qualified personal injury lawyer New York will help you in getting compensation from the party that is at fault. Usually, what happens is that you have to file a suit first in the court and then send a notice to the defaulter for appearing in the relative court. After that your personal injury lawyer would present your side before the court. Well, such sorts of lawyers are of a great help to all those people who are willing to recover a sum of money from the opposition party, as compensation.

Recovering any compensation from any company or personal requires a lot of legal nuances and personal injury lawyer is quite proficient in handling these matters. It is always better for you to hire a personal lawyer, rather than going to public prosecutor for such cases. There are lots of personal injury lawyer that are present in New York and many other states, that can guide you through the proper legal pathway of going ahead in the case. They will tell you about the possibilities of opposition that you might come across during the case and their solutions. Many of them also acquaint you with those conditions that may drag you in trouble.

Well, a personal injury can be of any sort. It may happen due to any kind of accident, some medical malpractice or even due to theft in your premises. While hiring the personal injury lawyer, you need to take care that they are properly qualified for handling your case. It is better you discuss the case with some experienced professionals and not with amateurs. The reason behind this is that experienced personal injury lawyer will have a firm hand on latest and previous laws related to your case and will be able to chalk out solutions to all your problems.

If you are not able to find a personal injury lawyer in your area, then the best option would be to search on internet. On doing so, you will not get to know about numerous personal injury lawyer, but also about their addresses and contact information. This will enable you to have a direct conversation with them and discuss the case. Along with this information, you will also get to know about the rates they charge for providing their services. In this way, you will have complete information about them and will be able to hire the suitable one.

Covert recordings of Disciplinary Meetings with an Employer

In the recent case of Chairman and Governors of Amweil View School v Mrs C Dogherty UKEAT/0243/06/DA, Mrs. Dogherty who was a teaching assistant at the Amweil View School, covertly recorded her disciplinary hearings and even the private deliberations of her employers who were considering her future employment. This article examines the state of the law on the use of covert recordings as evidence in the employment tribunal of an employer's conduct.

Use of covert recordings

Dogherty was dismissed for misconduct through the use of unreasonable force and inappropriate language in relation to some children. She relied upon her covert recordings to support her claim for unfair dismissal in the employment tribunal because she disputed the minutes of the open hearing of the disciplinary and appeal hearings produced by the school. She applied rather late in the day to have the evidence of her covert recordings admitted. The employment tribunal, by a case management order, allowed her to use the unauthorized recordings she had made of the disciplinary and appeal panel hearings, including the private deliberations. In other words, even though the employer did not know that the meeting nor the private deliberations were being recorded, that evidence could be used in the tribunal.

Appeal to the Employment Appeal Tribunal

The school appealed against the Order. It argued that Dogherty's clandestine recording of the deliberations of members of disciplinary and appeal panels amounted to an unjustified infringement of the governors' right to privacy, and that the public interest required those deliberations to remain private. Dogherty invoked her right to rely on the disputed evidence and to a fair hearing under Article 6 of the European Convention on Human Rights.

Applying XXX v YYY [2004] IRLR 471 the Employment Appeal Tribunal (EAT) held that "the first and most important rule of the law of evidence...is that evidence is only admissible if it indeed is relevant to an issue between the parties." It had no hesitation in upholding the tribunal's finding that the material contained in the recordings was relevant to Dogherty's unfair dismissal claim.

A majority of the EAT was satisfied that the decision taken by the ET was within the range of responses that a reasonable tribunal might make and refused to interfere in the absence of any questions of law-Barracks v Coles (Secretary of State for the Home Department intervening) [2006] EWCA Civ 1041 applied. Further, it was held, according to the overriding objective in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861) the tribunal could do justice by admitting the evidence, giving the school a full opportunity to consider it, and by penalising Dogherty in costs for disclosing the evidence late.

The school argued that to admit the disputed evidence would involve the ET itself infringing the human rights of the governors who were members of the relevant panels. However, the EAT rejected that what had occurred could possibly amount to the interference of the governors' right to respect for family life because the relationship between a governor and a member of their family was not "touched at all" by admission of the evidence in question.

Before Declaring Your Disabled Child Incompetent: Four Alternatives to Guardianship

Before parents decide whether their child with a disability needs some type of guardian, they should consider the alternatives to guardianship. These include special needs trusts, representative payees, and citizen advocates.

Special Needs Trusts

Special Needs Trusts are a highly recommended alternative to a guardian of the estate. Special needs trusts accomplish the same objective as the guardian of the estate, management of the assets of a person with a disability.

However, special needs trust offers several advantages as compared to guardians of the estate.

Chief among the advantages is a solution to the resource problems that might jeopardize the person's eligibility for governmental aid. To be eligible for many governmental benefits such as Supplemental Security Income and Medicaid, the person with a disability's total assets cannot exceed certain stated maximum amounts (often just $2,000).

However, amounts held for the person with a disability in properly drafted special needs trusts do not count as the person's assets for these purposes, while amounts managed for the person with a disability by a guardian of the estate are considered assets of the person with a disability.

Accordingly, if parents think their child with a disability may require government benefits after their death, it is better to leave money in a special needs trust for their child than to have a guardian of the estate appointed and leave money to their child outright.

Special needs trusts offer other advantages over guardians of the estate as well.

In order to secure proper financial management, it is not necessary to declare the person who has a disability incompetent. There is no need for the constant, detailed reports that a guardian of the estate must submit to the court. It is not necessary to get approval from the court for expenditures on behalf of the person. The posting of a bond is not required. (However, with a professional trustee there will be management fees.)

The trustee will also have greater flexibility in investing than a guardian of the estate, and parents can select a trustee without the approval of the court.

The trust document containing the duties of the trustee can be written to include all the preferences of the parents. While family objectives will vary, normally a special needs trust is a better alternative than a guardian of the estate.

Representative Payee

A representative payee is a person or organization authorized to cash and manage public assistance checks such as Supplementary Security Income and Social Security for a person considered incapable of managing the money.

The payee is appointed by the agency administering the funds. If the parents want a particular representative payee selected, they must notify the agency. If the representative payee is not a relative, service fees may be required.

The representative payee must keep an accurate record of all expenditures made on behalf of the person with a disability. The representative payee can be an alternative to a guardian of the estate when the only money the person with a disability receives is from the government or from a trust.

Friday, February 23, 2007

Treatment of Disability Pay in Virginia Military Divorce, Part II

The second type of disability pay a member may receive is disability compensation from the Department of Veteran's Affairs ("VA disability compensation").

Let's return to the example of Colonel Jessup, and flash back to his breakfast with the Navy Judge Advocates. Again, Colonel Jessup is advising them: "You want to investigate me, roll the dice and take your chances. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me, so don't think for one second that you can come down here, flash a badge, and make me...."

Just then, one of the legs of Colonel Jessup's chair snaps. However, Colonel Jessup's lightning-quick reflexes enable him to reach out, grab the table, and stop himself from falling. He is a bit embarrassed, but uninjured.

The investigation into the adultery charge against Colonel Jessup proceeds, and the investigators find incontrovertible evidence that the Colonel had indeed committed the crime. In order to avoid a court-martial, Colonel Jessup agrees to quietly retire.

Again, for the purposes of this example, assume Colonel Jessup has an active duty base pay of $3,000 per month; thus, with 20 years active duty service, the Colonel's normal retired pay will be $1,500 per month ($3,000 x 20 years x 2.5%).

However, as part of his processing out of the military, Colonel Jessup applies for VA disability compensation, based on a number of chronic injuries he has endured over the course of his storied military career. Colonel Jessup enters the civilian world.

The former Mrs. Jessup's attorney makes sure that DFAS receives the Virginia court order awarding her 50% of Colonel Jessup's disposable retired pay. DFAS honors the order, and begins distributing Colonel Jessup's military retirement, $750 to the Colonel and $750 to the former Mrs. Jessup.

Seven months after his retirement, Colonel Jessup's application for VA disability compensation is approved. For his chronic injuries, Colonel Jessup will be entitled to receive $1,200 per month in VA disability compensation, if he waives an equivalent amount of his military retired pay.

What is the benefit to Colonel Jessup of waiving $1,200 per month of his retired pay in exchange for $1,200 per month in VA disability compensation? First, the Colonel will receive a big tax benefit. VA disability compensation, unlike military retired pay, is tax-free!

Second, the VA disability compensation offers Colonel Jessup a unique opportunity to retaliate against the former Mrs. Jessup. The USFSPA provides that the retired pay waived by Colonel Jessup in order to receive VA disability compensation is not divisible by state courts or DFAS. Thus, once the Colonel waives $1,200 of his military retired pay in exchange for $1,200 of VA disability compensation, DFAS will divide only the remaining $300 of retired pay.

When the bailiff comes knocking – what are your rights?

If your debts get to the stage where a bailiff comes knocking at your door to seize goods, it can be a very distressing experience. However, if you know your rights and the law beforehand, this can alleviate some of the stress and make the situation much more manageable.
This guide to the regulations on bailiffs refers to England and Wales only.
What is a bailiff?
First of all, back to basics – what is a bailiff? A bailiff is someone who collects a debt on behalf of someone to whom you owe money (a creditor).
There are different types of bailiffs – county court, certified and private. County court bailiffs are employed by the local authority, certified bailiffs are employed by a private debt collection company but have provided references to the local authority to confirm their suitability to work as bailiffs.
All types of bailiff must adhere to the same general regulations, although some have more power than others to collect debts.
When is a bailiff authorised to enter your house?
A bailiff might be employed to collect debts such as magistrates court fines, county court judgements, unpaid council tax, outstanding child support or maintenance, or overdue rent.
Legal authority must be granted by the court to permit a bailiff to enter your house. There are different terms for the authority depending on the type of debt. For county court judgements, a warrant of execution is required. Other types are a liability order or a distress warrant for unpaid fines, council tax or maintenance from the magistrates court.
Sometimes creditors (or the debt collection agencies working on their behalf) may send representatives as ‘counsellors’, ‘advisors’ or ‘collectors’ to negotiate the repayment of the debt with you. These people are not bailiffs and they have no right to enter your home or seize any goods.
Ask the bailiff for identification and for their warrant to enter your house – they must provide these if you request to see them.
You will be given at least seven or 14 days’ notice of the bailiff’s visit, depending on the type of warrant granted. However, you could receive a visit at any time of day – there are no regulations as to when bailiffs must call (except for those collecting rent, who must call between dawn and dusk).
A bailiff can’t enter your house if the only person present is under 18m, and they can’t enter at all if there’s a child under 12 in the house, even if there’s an adult present.
Do you have to let them in?
Under most circumstances, bailiffs are not allowed gain entry to your house by force. Either you must invite them into your home, or they can come in through an unlocked door or open window. They’re allowed to climb over walls, gates and fences to get to your property, but they’re not allowed to knock them down. And they can’t force their way past you if you answer the door.
As a result of these restrictions, bailiffs often employ other methods to enter your house peacefully. They may ask you to take pity on them and let them inside if it’s raining, or they may request to use your phone to speak to the creditor or debt collection agency. They may also bring along police officers if they believe there may be a disturbance, which can be very intimidating. However, you don’t have to agree to any of these – even if the police are present.
What will the bailiffs do if you let them in?
If a bailiff gains entry to your house by peaceful means, they can then take goods belonging to the person named on the warrant to cover the cost of the debt if the person can’t pay by other means. It can be difficult to prove who owns the goods, but the onus is on you. Normally the bailiff will be able to take the goods and it is up to you afterwards to provide evidence of ownership if they do not belong to you.
When inside, bailiffs are allowed to break down locked doors or cupboards, and after you’ve allowed them into your house once, they have the right to enter again with or without your permission – and they can even break a door or window to do so.
You have no right to forcibly remove a bailiff from your property after they have entered and you could be charged with assault if you do.
What goods can a bailiff take?
There are some restrictions as to what items a bailiff is allowed to remove from your property. Only non-essential items can be seized to cover the debt, i.e. they must not take items that you need for basic living, such as a cooker, a fridge, a bed, clothing or equipment or vehicles that you need to carry out your job. However, they’re entitled to take items such as a microwave oven, a hi-fi, a DVD player or a second television set, as these are considered luxuries rather than essentials.
To express their intention as to what goods they will take, the bailiff will either put a note on them, touch them, point at them or tell you. This is known as levying distress upon goods.
They’re most likely to take the items away immediately, although they could leave someone to guard them until they are able to collect them.
Can you hide goods in advance of a bailiff visit?
Unless your debt is rent arrears, it’s not illegal to hide goods or take them away from your house before the bailiff comes. However, if the bailiff obtains peaceful entry to your house and suspects you have hidden goods, they may return unexpectedly to look for the items they believe you have hidden.
Is there a charge for a bailiff visit?
You will be charged a fee every time a bailiff has to come to your house. The bailiffs will also charge for removing, storing and selling your goods, which is likely to be done at auction. And your items won’t be likely to fetch a good price at auction. They normally only sell for around 10% of their original value. So even if your debt is only £100, the bailiffs will be entitled to seize goods up to the value of £1,000 to cover the debt.
Are there any alternatives to losing your goods?
One solution that will allow you to keep the goods in your house is a walking possession order, in which the bailiff owns the seized goods but allows you to keep and use them as long as you stick to your part of an agreed repayment plan.
In order to seize goods for a walking possession order, the bailiff must gain peaceful entry into your house. One trick that some bailiffs may have up their sleeve is to make a list of goods that they have seen through a window and then post the order through the letterbox. You should not sign any order that has been taken out in this way.
Walking possession orders are subject to a fee – you will be charged daily for as long as it is in place.
Another potential solution is to attempt to negotiate – although this will probably only be effective at earlier stages of the debt recovery process, before the bailiff’s visit. You’re more likely to be able to come to a manageable agreement with your creditor if you keep communicating with them so that they understand your situation, rather than ignoring the repayment demands they send. As soon as you get notice of a bailiff visit, start negotiations with the creditor or debt collection agency immediately to try to agree on repayments and persuade them to cancel the bailiff’s warrant

The main causes of accidents

Anywhere in the United States, numerous accidents causing both minor and serious personal injuries have tremendously increased over the past few years. The continuing increase in the number of accidents has caused alarm most especially all over California with many asking what could be the very main reason why these accidents are still taking place and how come they are so hard to be prevented.

According to surveys, the primary reason why accidents are happening is because in one way or another, a person is being negligent or reckless in his or her conduct and affairs. Statistics further showed that an accident that happened could have been easily prevented if the persons involved in such an accident exercised the proper care and diligence that was required under the circumstances. For example, a vehicle accident is easily preventable if motorists would only faithfully and completely follow the prevailing traffic rules and regulations in the streets or roads where they are into. On the other hand, a simple case of slip and fall could also be avoided if the owner, proprietor or manager of a particular property exercises the due diligence required in the maintenance and operation of the premises he or she operates or manages. Furthermore, a medical malpractice can easily be prevented if the physician, nurse, medical personnel and their assistants would only follow the prescribed medical standards during an operation or even just in the prescription of a particular medicine.

Panama's New Fast Business Start Up Law

A few months ago, I wrote an article entitled "How to Start a Business in Panama" which was first published in The Visitor/El Visitante. I summarized the long process involving several national and local government offices in order to start a business in Panama. Soon all of that will change.

New Law: January 11, 2007 embarked a new era for businesses in Panama. On that day, President Torrijos signed a new law (Law 5 of 2007) eliminating all of the numerous licenses, permits, and bureaucracy required to open a new business. This law becomes effective on July 11 when the entire business licensing process will go online.

PanamaEmprende is the name of this online system that allows people to create new businesses via the Internet. In addition, this new system allows all required fees paid by credit card online. Experts estimate that it now takes 52 days to start a new business in Panama. PanamaEmprende will do it in just 20 minutes.

Instead of some new businesses having to take 180+ licensing steps, this new system can do it with just a few steps. Every unregulated new business can quickly open for business using this online service. This includes: retail stores, restaurants, car rentals, auto repair shops, distributors, wholesalers, just to name a few.Regulated businesses can also use this system once their regulators have approved them. These include: law offices, banks, insurance companies, contractors, gun shops, and energy producers.

The new system eliminates the following requirements that current businesses must comply with: o Commercial Licenseo Health Operational Permitso New Tax Account (tax id number) from Ministry of Economics & Finance and local Municipalities

o All local government approvals

o IPAT (Tourism Agency) new tax account

o New Social Security Employer number

Treatment of Disability Pay in Virginia Military Divorce, Part I

In military divorce cases, Virginia courts are allowed by the federal Uniformed Services Former Spouses Protection Act (the USFSPA) to award the service members former spouse a portion of his or her disposable retired pay. The USFSPA excludes from the definition of disposable retired pay any disability pay the service member receives.

A service member may receive one of two different types of disability pay, both of which are excluded from the USFSPA definition of disposable retired pay: (1) military disability retired pay, and (2) VA disability compensation. The exclusion of disability pay benefits from the definition of disposable retired pay means that the former spouse of a service member may lose out on hundreds or thousands of dollars per month that he or she might otherwise have received in a division of the member's disposable retired pay.

Military disability retired pay is available for those service members who are sufficiently disabled that they cannot perform their assigned duties. If a member has enough creditable service, the member may be placed on the "disability retired list" and may begin to draw disability retired pay.

Let's look at the example of (the entirely hypothetical) Marine Colonel Jessup. A year ago, Colonel Jessup left his wife in Virginia and took a new set of orders to Naval Base Guantanamo, in Guantanamo Bay, Cuba. The Colonel told his wife that he would "send for her" once he got settled in Cuba. However, soon after arriving at "Gitmo," the Colonel fell in love with a younger Cuban woman, and told his wife their marriage was over.

Colonel Jessup's wife has now been granted a divorce from the Colonel in Virginia (her current place of residence) on the ground of desertion. The Virginia court has awarded the now former Mrs. Jessup 50% of Colonel Jessup's disposable retired pay. But that wasn't enough for the scorned Mrs. Jessup. She also filed a charge of adultery against Colonel Jessup with the Marine Corps.

Colonel Jessup is now having breakfast on base with two intrepid Navy Judge Advocates conducting an investigation of the adultery charge. Colonel Jessup is explaining to them: "You want to investigate me, roll the dice and take your chances. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me, so don't think for one second that you can come down here, flash a badge, and make me...."

Just then, one of the legs of Colonel Jessup's chair snaps, causing him to fall awkwardly to the floor. Colonel Jessup is rushed to the hospital, where doctors find that that he has cracked several vertebrae in his back. Colonel Jessup's days in the Marine Corps are over. The Colonel applies for military disability from the Corps. The Marine Corps rates Colonel Jessup as 40% disabled, and incidentally drops the adultery charge against him.

Thursday, February 15, 2007

The Non-Profit ByLaw Legal Form

So, you have a non-profit organization and you need a bylaw legal form and don’t know where to turn. Well relax, you are not the first one in this situation and you are not alone. Yes you have a problem but thanks to the Internet there is an easy solution to your problem. And this solution is much easier than you would ever think.

The answer for your non-profit bylaw legal form is the Internet.

The Internet you ask? Well yeah, the Internet!

Sure you could go out and hire a lawyer but that is an expensive option. Especially for a non-profit organization. Why would you want to spend the hundreds of dollars to fill out a simple for like the bylaw legal form when you can simply have it done yourself?

Here’s all you have to do. Simply get online and use any search engine and type in the words “Bylaw Legal Forms” Note: The use of capitalization does not matter as any search engine worth its salt will not limit its search on the web for documents and web pages to fulfill your search to Internet sites which can help you out.

You will be surprised how many pages are out there and available for your use. Now all you have to do is find a bylaw legal form which will be suitable for your non-profit organization and save it to your hard drive. Many of these legal advice sites will have a download option which will save the form directly or you can simply copy and paste the information into any word processor.

Next you modify the bylaw form to suit your needs. That is to simply add a paragraph or delete one from the standard bylaw form which do not apply to your situation. And then of course you will need to fill out your own personal information to personalize the bylaw form.

Next you just need to print out the form and to make it official there should then be a vote or review by your non-profit organization’s board of directors or officers and then a signing of the document.

And that’s it! Your non-profit bylaw form is complete. If you want to go the extra step you can then get the form notarized which is not very expensive at all. Especially when you compare the cost of a public notary to that of an attorney. The hundreds of dollars you will save can be put to much better use I am sure.

Bylaw Legal Form - The Internet Solution

Ah, the Internet. Never has there been so much information available to the common man on all sorts of topics. The danger being of course that one can never really know if the information they are reading about is actual facts or complete fantasy.

While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what you’re reading is in fact valid.

Let’s say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you can’t just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form?

The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all.

The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars.

Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land.

Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way.

Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over.

Of course you will pay for an hour or more of the lawyer’s time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself. Bylaw forms and more are all available right on the Internet. Your brand new legal advisor.

Successful Industrial Injury Claim Steps

If you have recently suffered a workplace industrial injury then there is a chance that the accident just put your career on the line. Yet less than 1 in 10 people injured in an industrial accident in the UK will claim for compensation from their employers or the state.

So, is it the case in Britain that we don't like to sue our employers or the state for compensation following a workplace injury, or is it that we are simply not aware of what our rights are?

Employers' Duty

Although there are protections in place for employees for many years such as employers should comply with a general duty towards the level of health and safety standards in a workplace. It was only following Britain's entry into the European Union that these laws became more than a toothless tiger and started to bite back.

Today, employers have a duty to ensure that your overall safety in the workplace is free from the risk of an accident injury by ensuring:

- that they employ competent co-workers to work with you;
- that they provide you with adequate materials;
- that the equipment you use complies with safety requirements;
- that you are provided with protective clothing (if needed); and
- that proper training and adequate supervision be provided to minimise the risk of any workplace injury.

Industrial Accident Claim

Such is the scope of the UK and EU law, it protects employees from an industrial accident. If you do need to make an industrial injury claim you will probably be fighting under one of these legislations:

- The Management of Health and Safety at Work Regulations (1992): which imposes a requirement that employers make an assessment of any foreseeable risk of exposure to a workplace injury and if such a risk exists to take action to prevent such;

- The Workplace (Health, Safety and Welfare) Regulations (1992): which imposes a duty on employers to ensure the safety of their employees with respect to the maintenance of the workplace, its ventilation, temperature, lighting, etc.;

- The Manual Handling Operations Regulations (1992): which imposes a requirement that, in as much as it is possible, employers should avoid employees needing to undertake manual handling operations at work that involve an element of risk;

- The Personal Protective Equipment at Work Regulations (1992): which requires employers to provide employees with adequate protective clothing if they are exposed to any risk (such as protective glasses); and

- The Provision and Use of Work Equipment Regulations (1998): under which employers are required to ensure that equipment used by their employees is fit for the purpose.

Industrial Injury Solicitor

Having said that there are adequate provisions in place to protect employees in the case of any workplace injury. Unfortunately lots of employers in the UK are either unaware of their duty of care or simply refuse to comply with it.

In such circumstances, while there will almost certainly be a case for industrial injury compensation, to ensure that your rights as an employee are adequately being protected and that you receive fair and impartial advice on what your rights are under the relevant laws. You should seek the advice of an industrial injury solicitor following an industrial accident.

Even in circumstances where you are on good terms with your employer, if you want to make sure that your industrial injury claim will compensate you to the maximum you are allowed under the law, you should ask an industrial injury lawyer for his advice and assistance in handling your case.

Keep in mind that the solicitor will have your best interests at heart, whereas your employer will have the company's best interests at heart.

Ensure To Pursue With An Accident Claim

Finally, if you are in an unfortunate position to be recovering from a work injury and are considering your options as to whether or not to bring a claim against your employer, remember that you owe your employer nothing, whereas your employer owed you a duty to ensure you don't get injured at work!

Business Entities - A Quick Guide

Business entities comes in so many types that business owners can easily get confused. Here’s a quick guide that will hopefully shed a little light on business entities for you.

Business Entities

"C" Corporation: A corporation whose shares are held by shareholders. The entity stands apart from the shareholders for legal and tax purposes. The shares of the corporation may be “taken public” and traded on stock markets. Google is an example of a publicly traded “C” corporation.

Foreign Corporation: A corporation doing business in a jurisdiction beyond where it was formed. Microsoft is a Washington corporation. When it does business in New York, it is considered a “foreign corporation.”

General Partnership: A business effort involving two or more people, known as partners. Each partner is liable for all partnership debts and obligations regardless participation and contribution amounts. Put another way, a general partnership provides no protection against lawsuits.

Holding Company: Part of a double incorporation strategy. The sole purpose of a holding company is to own or control other companies. Said other companies typically are exposed to significant liability threats. For instance, many insurance companies use holding companies to suck off profits and limit lawsuit risks.

Joint Venture: A cooperative business effort between two or more parties. It is usually limited to a single business purpose and involves a sharing of responsibilities and revenues. For instance, a database programmer and web site designer might enter a joint venture to provide e-commerce solutions to businesses.

“LLC” - Limited Liability Company: A creation of state law in which one or more individuals form an entity providing the liability protection of a corporation, but the tax benefits of a partnership.

Limited Partnership: A partnership in which the business is managed by a general partner with limited partners supplying capital investment. The limited partners are prohibited from actively participating in the management of the partnership. In exchange, the limited partners liability is limited to the amount of their investment. In pursuing this business entity, the general partner is almost always a corporation.

Partnership by Estoppel: A partnership created by operation of law when two or more people pursue a business goal and hold themselves out to the public as such. This business entity is prevalent as it is the automatic designation for two people doing business who fail to take any steps to designate a business entity. In this entity, each partner is completely exposed to liability risks.

"S" Corporation: Similar to a “C” corporation, this entity provides solid asset protection for shareholders from business liabilities and debts. The primary difference is the entity can be taxed as a pass through entity and is limited to 75 shareholders.

Sole Proprietorship: A business owned and controlled by one person. The designation provides no protection from business liabilities. It is taxed on the person’s personal tax returns on schedule “C”.

Each of the above entities provides certain advantages to a business owner. If you consider the particulars of your efforts, you should be able to get an idea of which one is best for you.

What Are Juvenile's Rights?

Nowadays, countless children are appealing in courtrooms for criminal behaviors. Parents are asking everyday what is the best legal advice for their children’s cases. When a child is accused of a criminal act, he is first arrested and then taken to a juvenile criminal court. The difference between adult court and juvenile courts is that the parties at the defense table include parents, children, and a probation officer. The parties will sit at a wooden table to discuss the charges and what the courts should do to penalize the child.

The summons is the “legal” documentation that is sent to the parents from the onset of the charge, thus requesting that both parent and child appear before a judge. During the “intake”--or else the first hearing--the child attends; whereas the child is referred by the arresting officers to attend. Few
times, other sources such as parents, teachers, store owners or others will request a “referral” of the child, which summed up is the “arrest.”

After the first couple of steps are completed, the “detention hearing” takes place. During this procedure, it is up to the arresting officer to decide if the child will be released to the custody of the parents or held in detention. The next phase is known the “intake decision,” where the case is
considered a “petition” case or “non-petitioned” case. If the case is handled under the non-petition rule, then the deciding officers, probation officers, and so forth have decided that the case can be handled without going through normal court proceedings.

The next phase may include a conference, and this will move onto the plea bargaining phase. Once a plea bargaining conference begins and no plea is offered, the child and other parties will appear in an “adjudicatory hearing,” where evidence is presented. While this is a brief set of steps, it is certainly enough to provide an insight of what you will go through if your child has been petitioned to courts.

Thursday, February 8, 2007

Have You Ever Been Pulled Over By A Cop?

What if I am pulled over and the officer asks me to “shakedown” my vehicle - what the best legal advice I should follow?

While it depends on the state in which you live, if you are pulled over by an officer and the officer does not have a search warrant, then the officer does not have the right to search your motor vehicle. One of the best pieces of legal advice you can get is (if you have done nothing wrong) to force the officer to get a warrant. During the time, you will wait for the warrant will be nothing compared to the time you will save if the officer illegally searches your car.

If the officer searches the car and nothing is found, you have the right to demand an explanation of the search before and after the search is conducted. If the officer has searched your car under false allegations, you have the right to file a complaint with the officer’s boss. You will need to jot down
the officer’s badge numbers and take down the names spelling the name correctly. If you feel harassment is the purpose of the pull over and search, you may be eligible to sue the police department.

In most states, officers need a probable cause to pull over a motor vehicle. If the person is speeding, not wearing his/her seatbelt, or has apparent faulty problems with the vehicle that can lead to hazard, then the officer can pull you over. If the officer cannot prove any fault as to why you were pulled over, then wrongful acts were committed against you. Be advised that in some states, such as Michigan, the police currently have the right to pull a motor vehicle over for nearly any reason.

Did The Meter Maid Catch You?

Many of us receive parking tickets at least once in our lifetime. Few people believe that parking tickets increase insurance premiums and add them as a high-risk. The fact is that parking tickets are not criminal acts, rather they are either a violation or an infraction. Few people ever go to court over parking tickets and most of these people who do have accumulated enough tickets without paying or disputing the tickets to lead to a court injunction.

If you receive parking tickets, for Pete’s sake pay the darn thing and stay out of trouble if you are not willing to dispute the ticket. However, if you wish to dispute the tickets, you can send a letter of dispute to the appropriate sources in your state and dispute the ticket, which in most cases the ticket is dropped and no more is said.

I choose the topic pertaining to parking tickets simply because during Criminal Justice courses I learned that disputing parking tickets, speeding tickets, violations and other types of infractions is wise verses accepting blame. One of the downsides of infractions or violations is that points go against your driving record; thus, fighting the allegations will probably help you to walk out of the courtroom a winner and avoid points against your driver license. Thus, the best legal advice for parking tickets is to pay them or dispute them. This could help you evade an unnecessary fine of up to several hundred dollars.

If the time you spend in court isn’t worth the cost of the ticket, then simply pay the ticket and move on with your life; however, if you believe the ticket is excessive or you believe you are innocent of the charges, you should dispute the charges to get your side heard in court and to save yourself the price of the ticket and the higher premiums.

Did You Get Drunk and Break the Law?

It depends on the state, but nearly all states have strict laws against driving under the influence or operating under the influence. Driving while under the influence is an illegal action, which is often known as a misdemeanor in the court of law.

Some states, on the first offense, will pull your license, impound your vehicle, and throw you in jail. Once you are at jail you will await to visit the judge, which is the next day, unless you are arrested on the weekend, then you will visit the judge on Monday the following week. Your blood level must read 0.8 in most states before you are considered operating under the influence or else driving under the influence.

Driving under the influence (DUI), operating under the influence (OUI), and driving while under the influence (DWI) are three terms for similar acts; however, the differences in some states can mean a difference in the penalty you receive. DUI/OUI/DWI laws are tricky since in few states the law must have probable cause to pull you over.

If you are not weaving on the highway or committing any crime that lead the officer to believe that you are driving under the influence, then you may have a chance in the courtroom to fight and win the case. However, in some states, the law can pull you over regardless and often does not need any reason as to why you were pulled over.

Still, the law is obligated to read you your rights, and if the officer fails to do so, you may have a win case. The best advice you can get for DUIs is to avoid drinking drunk altogether. If you plan to go out on the town, ask someone who is not drinking to go with you. Otherwise, if you had a party at work and drank some alcohol, you should try to wait at least an hour before leaving the building, unless you had more than one drank.

Finally, if you are arrested for DUI/OUI, it is in your best interest to plead not guilty and to force the prosecution to prove that you were in fact under the influence. If you are innocent, it is unlikely that the prosecution will be able to prove that you weren’t.

Defending Yourself Against Others - What Are Your Rights?

At one time, it was not illegal to defend yourself if someone attacked you on the streets. However, in a few states, if you retaliate when assaulted, both parties are arrested, even though you were merely defending yourself against the attacker.

This is sounds like insanity, but the laws has determined that “word against word” is the issue; thus, the crime should be taken to court to determine what caused the incident, why the incident occurred, and who is responsible for the crime committed. If there is a third party involved in the act--rather if a third person intervenes in an attempt to protect the victim--it may fall under the “alter ego rule” or rather the third person is permitted to defend the victim on particular grounds.

Under the Texas Penal Codes, for example, the law states that under a defending act of a third party, that the person is legally excused if this persons utilizes “force against another to... [protect the third party.]” This person cannot use this action if he feels that the third party is in no danger; however, if the party feels that the victim is in a life threatening situation, or else brutality is involved, then this person must use thoughtful consideration in taking action to protect the third party.

Other states may only permit the party to restrain the culprit until the police arrive. Yet, few states will consider this act a Citizen’s Arrest, where the party holds the culprit temporarily in his/her custody until the police arrive at the scene of the crime. For more information on self-defense, check your local state laws. This is crucial because your stay may have completely different laws than the law cited above from the state of Texas–and if you have to defend yourself in court, you will want to know what those laws are and if they work in your favor or against you.

What Do You Do If You Cannot Afford An Attorney?

What happens if I am accused of a crime and cannot afford an attorney? What if I am in an abusive relationship and need a divorce, but cannot afford to pay a lawyer? What if my child is in trouble and I have no money?

Everyday, poor citizens in America face ongoing problems and they often lack a resolution. If you are accused of a crime and do not have money to hire a lawyer, under law, the courts are obligated to assign you criminal defense attorney to protect your rights.

Few states may include the attorney fees in the costs and fines, but for the most part, the fees are minimal. If you are in an abusive relationship and are seeking legal advice for divorce, but do not have the funds to cover the costs, then be advised that you have the right to request legal help from
Legal Aide. Your local library will more than likely have books that will walk you through the steps of divorce with forms included. The cost will be less than $200 in most states. Otherwise, you have the right to get out of the relationship and wait until you get the cash to pay for the divorce.

If you have a child who has pending criminal charges, you have the right to request a Court Appointed Attorney or else request legal advice and representation from Legal Aide services. It is wise during any situation involving courts to learn all you can about the charges, laws, et cetera or
anything pertaining to the case to stay ahead of the game. Regardless of the situation, in most cases there are always answers, and in few cases, there is a way out. If you are currently in this situation, you should seek free legal help for your problem before proceeding.

Tuesday, January 30, 2007

Atlanta Business Lawyers

Whether you are an employer or employee, you will at some time or the other require the services of a lawyer who specializes in business law. Within business law, you will need to look for specialized expertise. Most business law firms specialize in business agreements, contracts, litigation and arbitration, appeals, business and corporate law.

When looking for a business lawyer to represent you or your company, you need to understand your priorities. For example, in cases of professional liability, you should look for a lawyer who has extensive experience in counseling insured professionals and their insurers.

The expertise of a lawyer in business law is extremely important. The person should understand company law, cooperate law, evaluate the case judiciously and opt for the best possible solution. Apart from professional expertise, you should ensure that the lawyer is not just a pretty face who ultimately uses assistants and paralegals to face the judge.

Also, the lawyer should be able to provide you personalized services, have the patience to listen to you, clarify your doubts, and most important, not take advantage of your fears and insecurities. Also, it is important for you to ensure that the lawyer does not publicize the names of the professionals they sue or defend.

It is important that the lawyer should have a keen understanding of federal procedure, as there is a wide scope of employment and federal laws that exist in the state of Georgia. The business lawyer should be able to offer you several advantages in terms of negotiating employment contracts and severance packages and be able to negotiate retirement and disability benefits and work them out in such a way to avoid further disputes.

Atlanta business lawyers can be found through a referral service provided by Georgia State Bar Association, the county bar association and other professional law associations. Information is also available in the yellow pages or through search engines like Google and Yahoo on the Internet. You can check advertisements of law firms in magazines and newspapers. Friends and family members are also excellent sources of information.

Nevada LLC Formation

Formation of an LLC in Nevada is definitely advantageous over LLC formation in other states in the US. The costs of forming an LLC in Nevada are low, and Nevada does not have any corporate income tax. One of the biggest reasons for the popularity behind the Nevada LLC is the fact that Nevada offers corporate directors and shareholders tremendous protection against personal liability.

Forming an LLC in Nevada also requires the filing of several documents. You will need to file Articles of Organization or Incorporation with the Nevada Secretary of State. The secretary uses these articles to create the LLC. It is advisable that, before forming an LLC in Nevada, organizations thoroughly read the operating agreement and bylaws. This document provides the detailed information on forming the LLC.

The prospective applicants of the LLC should also obtain an Employer Identification Number/ Federal Tax ID, if they do not have one. Apart from the regular procedure, this can also be obtained with the help of service providers who specialize in Nevada LLCs. Alternately, they can also consult a tax adviser to determine their individual situation.

The formation of the LLC also requires the applicant to list the officers and the members of the LLC. This can be filed directly on the Nevada Secretary of State's website. The fee to file this form is to be paid to the Secretary of State of Nevada. Furthermore, if the applicant wants the Nevada corporation to be an S-Corp, they will need to file the S-Corp form with the IRS within a specific time frame.

There is another aspect to forming a Nevada LLC. Since the directors and shareholders of a Nevada corporation are not named in public records, Nevada appears safe for most people. The state of Nevada is also not willing to share information about its corporations with other states and the federal government. This has made Nevada a haven for celebrities and other highly visible individuals. These people come to Nevada because of the anonymity it offers when conducting business and investment activities.

Friday, January 26, 2007

Florida Personal Injury Lawyers

A personal injury is described as any harm caused to a person, such as a broken bone, a cut or a bruise. Any type of bodily injury as a result of an attack, negligence or accident can also be categorized as a personal injury, and you can file a lawsuit to recover damages from whoever is responsible. Personal Injuries can be any injury resulting from libel, slander, malicious prosecution or false arrest; any bodily injury, sickness, disease or death sustained by any person and caused by an occurrence for which the state, or anyone else may be held liable.

An accident occurs every five seconds in the United States. In most situations, accidents occur as result of the carelessness or negligence of the person who caused the accident.

In order to obtain compensation for your pain and suffering, your attorney must prove that you have been injured as the result of the negligence of another party. Additionally, your attorney must be able to show that as a result of the accident, you have incurred lost wages, medical bills, substantial pain and suffering. Common causes of personal injury include:

Medical Malpractice

Defective Products

Automobile Accidents

Bus Accidents

Animal Bites

Wrongful Death

Slip and Fall Injury

Workplace Injuries

Catastrophic Injuries

Aviation Accidents

Trucking Accidents

Motorcycle Accidents

Boat Accidents

It is always wise to appoint a personal injury lawyer who specializes in these cases. These experienced professionals with years of experience and dexterity assist the client in providing full legal support in claiming compensations and other legal issues.

Florida is a state that is gifted with some of the best personal injury lawyers and attorneys. The reputed personal injury attorneys and lawyers on a contingency fee agreement handle most cases. This means that in claiming injury compensations and providing other legal services, these lawyers never charge any unless they win your case.

California Personal Injury Claims

Personal injury claims are, as the name suggests, claims made if one is injured. California personal injury laws are quite simple to understand, if reviewed properly. Personal injury lawsuits in the state of California are defined as ‘lawsuits which are the result of someone else’s negligence towards another’, causing the plaintiff to suffer emotional or physical injuries, property or an economic loss, or other personal damages. The negligence part , which is popularly referred to as ‘General Negligence’, in law parlance, is defined as not exercising prudent care, under circumstances where a reasonable person is supposed to exercise proper care, thereby causing injury to the plaintiff or the aggrieved person.

Laws actually can differ from province to province. These laws are drafted for the particular state and are the same, in the case of California personal injury laws. In fact there are specialized legal advisors, who can be termed as California personal injury lawyers. These California personal injury lawyers are best suited to offer you advice on the different laws pertaining to California personal injury lawsuits and California personal injury Settlements. Since legal terms can be often most confusing to the ordinary lay man, these California personal injury lawyers are doing a great job, resulting in speedy disposal and settlement of claims, to the ordinary citizen. California personal injury lawyers can be again divided into two as, Northern California personal injury Lawyers and Southern California personal injury lawyers. You can get in touch with them, depending on which province you want to file your personal injury claim or suit

In order to prevail and get your rightful claim in your personal injury case, your attorney must prove negligence, proving that the negligent party was actually responsible for your personal injuries and that but for his negligence towards you; you would not have been injured in the first place. Although it sounds quite simple, it is always better to get in touch with a CA attorney to get much more detailed information.