Business Legal Service

Get a California Compensation Attorney for Your Slip and Fall

2007-03-07T01:41:00.003-08:00

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?

2007-03-07T01:41:00.001-08:00

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

2007-03-07T01:40:00.002-08:00

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

2007-03-07T01:40:00.001-08:00

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

2007-03-07T01:38:00.000-08:00

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!

What Everybody Ought to Know About Administering a Special Needs Trust

2007-02-27T21:33:00.000-08:00

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

2007-02-27T21:32:00.002-08:00

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

2007-02-27T21:32:00.001-08:00

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

2007-02-27T21:31:00.001-08:00

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

2007-02-27T21:30:00.000-08:00

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.

Treatment of Disability Pay in Virginia Military Divorce, Part II

2007-02-23T01:14:00.003-08:00

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?

2007-02-23T01:14:00.001-08:00

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

2007-02-23T01:13:00.002-08:00

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

2007-02-23T01:13:00.001-08:00

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

2007-02-23T01:12:00.000-08:00

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.

The Non-Profit ByLaw Legal Form

2007-02-15T01:49:00.001-08:00

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

2007-02-15T01:48:00.003-08:00

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

2007-02-15T01:48:00.001-08:00

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

2007-02-15T01:47:00.002-08:00

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?

2007-02-15T01:47:00.001-08:00

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.

Have You Ever Been Pulled Over By A Cop?

2007-02-08T23:30:00.003-08:00

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?

2007-02-08T23:30:00.001-08:00

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?

2007-02-08T23:29:00.002-08:00

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?

2007-02-08T23:29:00.001-08:00

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?

2007-02-08T23:28:00.000-08:00

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.

Atlanta Business Lawyers

2007-01-30T23:53:00.001-08:00

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

2007-01-30T23:52:00.001-08:00

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.

Florida Personal Injury Lawyers

2007-01-26T22:52:00.003-08:00

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

2007-01-26T22:52:00.001-08:00

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.

General Tips on Assembling Your Fiance Visa Package

2007-01-21T23:37:00.002-08:00

When you get all your information together, you are ready to assembly your INS application package. The package should include:

· A cover letter listing the documents that are included in your package

· Completed Form G28 Notice of Entry of Appearance as Attorney or Representative, if someone is assisting you with your visa application

· Your personal letter requesting a fiancé visa that briefly states how you met your fiancé and your understanding and intention to marry her within ninety days of her arriving in the US.

· Completed Form I-129F Petition for Alien Fiancé

· Completed Form G-325A Biographic Data Sheets (four for you, four for her)

· Completed Form I-864 Affidavit of Support

· Supporting documentation such as tax returns, bank statements, brokerage statements, phone logs, photographs, et cetera

· Proof of your US citizenship and copies of the relevant pages of your passport (information page plus pages with visas to CIS countries)

· Certified copies of birth certificates for both of you. Certified copies of divorce decrees, death certificates, or annulment decrees if you or your fiancé have been previously married. Your fiancé will need certified translations of all these documents into English as well.

· Letter from your employer

· Letter from your bank

· Letter from the person who will be marrying you (priest, rabbi)

· One proper visa picture of you and your fiancé taken within thirty days of your application.

All of these forms and letters must be dated within ninety days of the date your application is submitted.

General tips on assembling your package:

If your package is bulky (it should be if you are doing it right), use ACCO fasteners with two holes punched in the top to hold your paperwork together and so documents don’t fall out of the file and get lost.

Use tabs and fasteners to separate and label each form or document.

Do not send original documents! They may be lost and will not be returned. Always send copies of original documents.

Submit as complete a package as possible. The INS officer and US embassy personnel should be able to process your application with the documents provided to them by you.

Keep copies of all applications and documents submitted. Do not assume that INS or US embassy personnel will have complete access to all of your documents. If officers have to find or review prior documents or files, your case may be delayed substantially.

You will need to submit a complete packet for each application and process. One complete packet will be submitted for INS processing and another complete packet will be submitted to the US embassy where your fiancé visa will be processed.

Application for Form I-129F Fiancé Visa Petitions must be filed at one of the INS Service Centers located in the United States. Your petition cannot be processed at an INS office overseas. To find out where to file your application go to the INS website.

There are four service centers in the U.S. Send your package to the service center for the state where you live. See the INS map on the INS website.

Los Angeles Personal Injury Settlements

2007-01-21T23:37:00.001-08:00

Minor claims for personal injuries in Los Angeles may take about six months to reach a conclusion. Where severe injuries are involved, the time required for resolution is likely to be two years or more. The cost of litigation to the insurance company is much more than it is to the plaintiff (the victim who files the claim).

In most personal injury cases the insurance adjustor makes an initial offer and tries to settle quickly. If that effort fails, the company gets down to negotiating. It is an art, but time-consuming. If a seasoned lawyer is appearing for the victim, he is sure to obtain a good settlement, provided all the details furnished to him are correct. The services of insurance company adjustors turned settlement counselors are obtainable. They know all the ropes. Also available are online tools and software to help the plaintiff.

From time to time the lawyer will keep the client informed about the progress of the negotiations, and also his recommendation when the final offer from the insurance company is received. It is for the client to accept or reject. The details of the proposal should be studied, and doubts clarified with the lawyer. If a settlement is accepted, the insurance company could be instructed to pay the lawyer and the medical bills directly. Sometimes the lawyer might accept the offer without referring to the client. This is improper, and the client could protest. Normally the insurance company issues the settlement check jointly in favor of the client and the lawyer.

There is a system known as ‘structured settlement,’ which is gaining popularity. Here the settlement money is paid over a period of time. It offers many initial options, and the money is kept in funds that allow it to grow. The recipient must make sure that the fund is a protected one. Once the structured settlement plan is accepted, it may not be possible to change the terms.

Settlement payments are tax-free. But if that money is invested, the income thereof could be taxable. Structured settlements offer better tax benefits. This is a matter to be discussed with a tax consultant.

If a minor is involved in a settlement, there could be complications. Court approval may be necessary.

Terroristic Threatening?

2007-01-13T01:15:00.002-08:00

Nowadays, if a person says “I am going to kill you.” This person can go to jail for a criminal act. Thus, knowing what you can say and can’t say now is vital to protect your self from the law. If you tell someone “I am going to kill you”, you are committing what is known as a “communicating threat.” Likewise, if you threaten or claim to plan an act of harm against the President or other state officials, you are subject to arrest.

Since terrorist attacks and threats have increased markedly, Congress has passed new laws that require the arrest of anyone making threats against another person. The “Part II, Article 2, Section 211.3” is laid out under the “Model Penal Code” and states that anyone who “threatens to commit any crime of violence with purpose to terrorize another person” is subject to arrest under federal laws. Of course, the laws continue further; however, the topics are not touching base with common threats made by civilians.

This is a very important question asked, since it is a common statement made by millions, “I am going to kill you,” when the person is only making a statement that is not intended to harm another–and is sometimes even in jest. I brought this point out, since again it is a common statement made by millions; therefore, if you are accustomed to making such statements, you may want to watch out as to who you are talking to.

Thus, laws are constantly changing; therefore, keeping up with the laws can save you heartache down the road. For more information on freedom of speech, you may want to check your local and state penal codes. Not knowing your laws can make it possible for you to be thrown in jail or sued for making a joke.

Here is Advice on Legal Entrapment

2007-01-13T01:15:00.001-08:00

Entrapment is either an illegal or a legal procedure that can lead to mistrials, overturning of verdicts, and so forth. Officers are notorious for setting up traps to lure alleged criminals into confessing or making mistakes that lead to their arrest.

For example, in a small town, a drug task force is setup where undercover officers frequent bars to monitor the crowd while acting like a customer in the establishment. What the officers are really doing is gathering information, witnesses, and other evidence that will lead to the arrest of a local drug dealer. Officers also use entrapment procedures to lure in pedophiles over the Internet.

When does entrapment become illegal? This is one of the main questions asked pertaining to entrapment–and the answer is surprisingly simple. If an officer lures an ordinary citizen into committing a crime that this person would not have otherwise committed, then this is a legal act of entrapment, which transfers the blame to the officer, who has committed the act of “manufacturing a crime where none would otherwise exist.”

Then what is legal entrapment? Legal entrapment must include that the perpetrator has prior record
of committing the same or similar crimes that will lead the officer to believe that the suspect has shown probable cause of the crime in action. The perpetrator must have a history of committing similar/same or else relevant crimes of nature. Thus, the suspect must show probable cause that he/she is mentally capable of committing and is probably contemplating or acting out the crime in question.

As you can see, entrapment is a tricky legal situation, which is why it is important to know what your rights are if you have been tricked into committing a crime that you normally would not have normally be involved in.

What to Do If Someone Steals Your Identity

2007-01-12T01:15:00.000-08:00

If you are a victim of identity theft, you will definitely need legal advice. Everyday millions of people are affected by identity theft–from credit cards to social security numbers–which is precisely why identity theft legal advice is in higher demand than ever.

The first step to take if you are an identity theft victim is to file a report with the police. Once you have filed a report, immediately call and notify your bank, notify and close credit card accounts and other related sources that the thief would be able to access.

Next, you will need to file a report with the appropriate government authorities and identity theft experts, including reporting lost Social Security Number to the Social Security Administration office. You will also need to contact the three major credit unions--TransUnion, Equifax, and Experian--to report theft, and request a freeze on your account, rather than a fraud alert.

The best identity theft legal advice to follow these steps have been taken is to continue battling charges added to your credit reports. Keep updated copies of the reports and save all documentation that you receive that you do not feel belong to you. You will also need to contact creditors regarding any suspicious bills sent to your address and dispute the charges, alerting them that you are an identity theft victim. There may come a time you will need the assistance of an attorney, but for the most part, you should prepare to fight ongoing without a break.

Unfortunately, identity theft is one of the leading crimes in America and around the world today. When you become a victim of identity theft, legal advice is ongoing, since in most instances, the problems continue and the perpetrator is rarely caught. If you do not seek the proper identity theft legal advice, you may end up with piles of bills and no real means of proving you didn’t spend themoney yourself.

Some Advice for Legal Pleas

2007-01-12T01:14:00.000-08:00

If you have been charged with a crime, there is something you should know about the most commonly asked legal question by people who have been accused of committing a crime: “Should I plead guilty or not guilty?” While many people debate the pros and cons of pleading guilty or innocent, through my experience in Criminal Justice, I have learned that if you have committed a crime, it is always wise to plea innocent, regardless of the case.

In a courtroom, evidence is required; and this evidence must show beyond a shadow of a doubt thatyou committed the crime. While it depends on the crime–and there are some exceptions--pleading innocent to the crime can stall the procedures, as well as force the legal representatives to show proof of the crime for which you are accused.

In previous courtrooms, thousands of persons have accepted plea bargains or else committed guilty of crimes. Few of these people felt that they had no choice but to plea guilty or else accept a plea. The fact is, many of these people were accused of a crime; and the courtrooms convicted these people on circumstantial evidence that was inconclusive. Thus, after the penalty was set, and the person was fined or put in jail, the courts later found that the prosecuted was in fact innocent.

Thus, no matter what your case happens to be, the best legal advice you can get is to plea not guilty and force the courts to prove beyond a shadow of doubt that you are in fact guilty under law.

If you have been convicted of a lesser crime, you should still adhere to this advice. It may help you to avoid paying hefty fines for parking and traffic violations by forcing the prosecution to procure evidence.

Lemon Law - The Basics

2007-01-11T01:14:00.000-08:00

Most people when the think of the word lemon, they think the sour, tangy and yellow fruit. What some people don’t know is that the word "lemon" also has a slang meaning that has become very popular over the years, especially in the automotive industry. This slang is commonly known as "Lemon Law"

Even though the term lemon is more commonly used to describe a cheap and junky car, it can be used for just about any merchandise that is faulty, poorly made, or broken. For example; someone is walking home one day and sees a flashy watch on sale. They try the watch on, checking over to make sure nothing was wrong with it and decide to buy it. When they get home it stops working and it appears broken. They call their friend and tell them "I bought this watch today, it looked like such a good deal, but when I got it home, it turned out to be a lemon!" This is only an example and one must realize that "lemons" exist in nearly all forums of products and services.

Using the word lemon this way has most likely become increasingly popular due to the many companies and crooked car sales men selling faulty products. In fact there is even a "Lemon Law" that obligates manufacturers or sellers to repair, replace, or refund the price of a motor vehicle if it proves to be defective. It is a good idea to become familiar with this law so that if you happen to purchase a lemon from a reputable manufacture, you can probably sue them for your money back.

If you are about to file a lemon lawsuit, you will undoubtedly need a lemon lawyer. Lemon lawyers are usually available for a fair price; however, you need to watch out so that you don’t hire yourself a lemon to fight a lemon!

What to Look For When Selecting a Lawyer

2007-01-11T01:13:00.000-08:00

When you are selecting a lawyer, you need to carefully consider some options before you make your selections. Selecting a lawyer can be a tedious and painful task, but when done correctly will make all the difference for the out come of your legal situation.

Before hiring a lawyer, you should get a specialist in the field to help you out. They can provide you with a list of competent lawyers in your area that specialize in your needs and are in a suitable price range. You should also talk to friends who have dealt with lawyers in the past who can refer you to someone who did good work for them in the past. Remember that lawyers are always looking for the highest pay available to them because that is how they make their living. Watch to make sure that you are not being overcharged only for the well being of your legal friend. You should also have other good, reliable lawyers lined up in case your lawyer doesn’t follow through. You should never rely on one lawyer for everything, and if they are not completing their assigned tasks, you should fire them.

To avoid being overcharged by your lawyer, you shouldn’t allow them to do all the work themselves. There are some legal processes that you can complete yourself and have your lawyer look over after to avoid paying maximum dollar. There are many resources on the internet that can help you in this process. Finally, you should hire a lawyer that you know is smart and is going to work hard to finish efficiently and effectively. You also need to make sure the lawyer you hire is someone you are going to get along with. There is nothing worse than dealing with a stressful legal matter while going through it with a lawyer you can’t stand.

19 Steps To Building A Nationwide Law Practice Part 2

2007-01-10T03:39:00.001-08:00

Step #8: Educate your audience with written information and advice. Write your marketing message in a form that you can send to anyone who calls your office. Then, by offering to send copies without charge, you attract calls from genuine prospects. When prospects call, they give you their names and addresses (or e-mail addresses). Then you add these prospective clients to your in-house mailing list.

Important Note: The longer your materials, the better. The longer you keep your prospect's attention -- and the more facts you provide -- the more likely your prospect is to hire your services. Fortunately, prospects will read long materials, provided they are well written and relevant to their problem. The fact kit I used for 15 years varied from 40 to 50 pages in length. And many lawyers (my prospective clients) told me they read every word. I have now included all this information on my web site and in the article packet I send by e-mail, so I no longer use a printed fact kit.

Step #9: Define the geographical area from which you want to draw clients. Geographics identify individual prospects by where they live, where they work, and where you can find the prospective clients you want. Geographics identify companies by where they are based, where they have facilities and where they do business.

Step #10: Compile a media list of newspapers, magazines, newsletters and other media you want to receive your news releases and query letters. Your articles will appear in national, regional and local publications in all the states where you hope to serve clients. You can usually find current media lists online and at the library reference desk.

Step #11: Launch an aggressive publicity campaign by sending news releases, feature articles and query letters to your entire media list. If you send articles 4 or 5 times each year, you could have an ongoing flow of articles appearing in various parts of the country.

Step #12: Contact high-profile publications and interview shows on an individual and exclusive basis to gain the highest level of nationwide publicity. Offer to write ongoing columns for publications, and appear as a periodic guest on interview shows. You might offer to host your own legal, news-talk or interview show.

Step #13: Compile a list of trade associations that serve the prospects you want to attract. Keep these trade groups on your mailing list. Offer to present seminars that are sponsored or co-sponsored by these trade associations, in hopes that they will mail seminar invitations to all of their members.

Step #14: Compile a list of referral sources in the states you serve. Send them your packet of information so they understand what you do. Invite their referrals and offer referral fees, if appropriate. Keep these referral sources on your mailing list.

Step #15: Compile a list of past clients. Send them a letter announcing your regional or national practice and a copy of your information packet. Most people have friends and colleagues in other states. Keep these past clients on your mailing list.

Step #16: In all of your marketing materials, make sure you tell prospects the geographical area from which you accept clients. You might say something like: "Serving clients in the United States and Canada". Or, "I welcome inquiries from clients in (name the states)." If you don't mention the area you serve, prospects could easily conclude that you limit your services to your city or county. So be sure to tell prospects where you practice and put this information throughout your marketing materials.

Step #17: Establish a web site. The easiest way to reach prospects in different states is to establish an Internet site. This puts your materials at everyone's fingertips 24 hours a day, whenever they want it. The more information you provide, the more likely you are to win a new client. So be generous with the information you post.

Step #18: Market your seminars and speaking engagements nationwide. Make sure everyone on your mailing list knows you offer seminars. While they might not be the contact person, they can make your seminar known to the right people, who may get in touch with you. This is the most common way I receive invitations to speak to lawyers. Also, thanks to technology, now you can offer seminars over the telephone, by video conferencing, and over the internet.

Step #19: If you can collect e-mail addresses from people on your mailing list, send an e-mail alert or briefing every week or two. The more often you stay in touch with everyone your mailing list (prospects, clients, past clients and referral sources), the more new clients you'll attract.

After your law firm marketing efforts take root, and your publicity starts to appear, you'll get inquiries from prospective clients. Trade and professional associations will invite you to speak. And, one by one, you'll start getting clients from throughout the geographical area you wish to serve. Soon, you'll have a profitable, prestigious nationwide law practice, thanks to the energy you've invested in attorney marketing.

19 Steps To Building A Nationwide Law Practice Part 1

2007-01-10T03:38:00.000-08:00

We're seeing substantial changes in attorney marketing programs. Thanks to sophisticated law firm marketing efforts, many lawyers are now expanding their practices beyond state boundaries, building regional or national practices. In some cases, they provide narrowly focused services; in others, they offer broad-based skills with the hopes of attracting a handful of the best cases in the country.

I urge attorneys to go beyond their state boundaries, for four reasons:

Reason #1: You have more opportunities to attract the types of cases you want. When you draw clients from 50 states, you have a much greater selection than when you limit your field to your home state. If every state has three really good cases, you can compete for the three in your own state -- or you can compete for your share of 150 from across the U.S.

Reason #2: You have many more opportunities for media publicity. Gaining publicity outside your state is often easier than getting attention in your own state. This is because nearly every business wants to be featured in your local newspapers. But when you pursue articles in regional and national publications, you often find yourself competing with fewer businesses and fewer lawyers.
Most businesses and lawyers get customers from within a few-mile radius, so they don't need attention beyond their local boundaries. Plus, businesses often assume that gaining national publicity would be much harder than gaining local attention. But, in fact, when you go beyond your state's boundaries, you have access to hundreds of additional publications at the state, regional and national levels, all of which could be suitable targets for your publicity effort.

Reason #3: The mystery of distance@ results in your being perceived as the authority in your field because you're from out of town. You have probably heard of this marketing principle, but you may not have used it as part of your marketing strategy. The mystery of distance says: The farther you go to get a product or service, the better and more valuable it is.

Here's an example:
You can buy a pair of binoculars at your local sporting goods store. Or you can buy them online from a company in Switzerland. Which pair is better? Obviously, the binoculars from Switzerland.

There's no logical reason to believe that something that comes from far away is better than something that comes from down the street. Still, subconsciously, we think it is.

Reason #4: You can live wherever you want. Many lawyers don't need to see their clients often. Some never see them at all. If you can service clients by phone, fax, mail and e-mail, then you don't need to work with them in person. And if you go to trial in their state -- or if you need to meet with them -- you can always travel. Technology has changed how we market and deliver services.

Here are 19 attorney marketing steps to building a respected regional or national practice.

Step #1: Identify the niche you want to fill and the services you want to market. When clients hear your name, you want them to associate you with a specific type of legal services. For example, John Wilbanks is a personal injury attorney. Karen Ambrose is a tax lawyer. Mark O'Connor is a corporate lawyer. Consider whether any lawyer in your market area immediately springs to mind when you mention your area of law. If so, that lawyer owns a very strong position. If no lawyer comes to mind, an effective marketing program will help you build the perception that you are the leader in that practice area.

Step #2: Identify the type of clients you want to attract. You must know where to aim if you expect to hit your target. List the types of people or companies you want to attract that are ready, willing and able to hire your services. Identify your prospective clients by who they are and what they have. For individuals, consider things such as gender, age, marital and family status, education, occupation, income and home ownership. For companies, consider things such as industry, gross sales, number of employees, level of risk or whatever makes a client attractive to you.

Step #3: Identify how you and your services differ from those of your competitors. Positive differences are your competitive advantages. Negative differences are your competitive disadvantages. Identify both so you'll know your strengths and weaknesses. Evaluate your qualifications, background and experience. Evaluate how you serve clients. Evaluate the environment in which you serve clients. Look at your strengths and weaknesses from your prospects' point of view because prospects evaluate you based on what is important to them. Every time you talk with prospects, make sure you emphasize your competitive advantages so prospects appreciate how you differ from other lawyers.

Step #4: Identify ways you can add value to your services so prospects eagerly choose you over all other lawyers. What can you add to your services to make them more attractive than they are now -- and more attractive than services offered by your competitors? If you were in your prospect's shoes, what could your lawyer provide that would cause you to choose him or her over every other attorney? Review how you currently provide legal services. Then ask yourself how you could provide services more efficiently, more effectively, more completely, or faster -- with your client benefiting from less risk and more value. Then, in addition to what you listed in step 3, the ways you add value to your services now become more competitive advantages.

Step #5: Compile and keep on computer a comprehensive mailing list. Your most important business asset is your mailing list. It's your own personal area of influence. It should include your current clients, past clients, referral sources and prospects. Whether your list contains 20 names -- or 2,000 names -- these people are the core around which you build a prosperous firm. As you attract an ongoing flow of new inquiries, keep all of your prospects' names and addresses on your mailing list.
The critical element in your marketing program is your ability to add new names of prospective clients to your mailing list. You want to attract names at whatever rate will bring you the number of new clients you want. How long you leave names on your mailing list will depend on how long your prospects need to make their decision and at what point the list becomes unmanageable.

Step #6: Make sure prospects and clients can reach you easily and without hassle. As distance increases, prospects often grow concerned about their ability to contact you. To reassure them, explain the many ways you invite contact from clients, like these: Toll-free direct line, cell phone, pager, fax, e-mail, mail, courier, as well as intake and contact forms on your web site.

Step #7: Compile your information and advice into your own unique educational message, built on this proven five-part framework:

Part #1: Identify and explain your prospect's problem. People won't pay for a solution until they understand their problem. The bigger the problem -- and the greater the risk of allowing it to persist - the more they will pay to solve it.

Part #2: Prove the problem exists. Prospects know you earn your living from solving problems. Skeptical prospects may think you are overstating the depth of the problem. You can overcome this sometimes-hidden suspicion by taking time to prove the problem exists and to prove that it is serious enough to warrant your client hiring your services to solve it.

Part #3: Identify and explain one or more solutions. Prospects want a clear understanding of what you recommend to solve their problem.

Part #4: Prove the solution works. Prospects may be skeptical as to whether your recommended solution will actually do what you claim. You can expect an even higher level of skepticism if the solution you recommend is perceived by your prospects to be expensive.

Part #5: Build yourself into the solution. You don't want prospects to agree they have a problem but then hire another lawyer to solve it. You must do everything possible to make sure that your prospects conclude you are best equipped to provide the solution.

Your marketing message is the same as your educational message. You build your message on a foundation of information that explains your prospect's problem and the solutions you can provide. Then you support your message with proof documents that further add credibility to everything you say. Proof documents include your photo and biography, article reprints, schedule of services and fees, and references. Testimonials help a great deal, but some jurisdictions do not allow their use. Check your rules of professional conduct before using testimonials.

Courtroom FEA: But my expert has hand calculations

2007-01-08T03:38:00.000-08:00

Hand calculations are good.

It is very important that design engineers do hand calculations. It is very important that engineering expert witnesses do hand calculations.

For everything but the simplest of part geometries, hand calculations of stress are generally rough estimates. Often they are only in the ballpark of the true maximum stress levels. Sometimes they are only in the ballpark of the average stress levels, and miss the highest stresses entirely.

In the span of 50 years, finite element analysis has gone from esoteric research topic to widely available, widely applied mature technology. In the 1980's, FEA required extremely expensive mainframe computers, very expensive FEA codes and highly trained analysts, and was still implemented at many large corporations. In the 1990's, Unix workstations provided distributed FEA processing and FEA packages went mainstream, lowering entry costs. A seat of hardware and software still cost many tens of thousands of dollars, and highly trained analysts were still required, and still FEA spread to thousands of companies. In the 2000's, lower priced FEA packages run well on medium to high-end personal computers, and FEA usage continues to grow. Highly trained analysts are still needed to consistently obtain accurate results, a fact unfortunately ignored by too many in the industry.

Why does FEA usage continue to grow when all of these companies already have hand calculations? Because, when applied correctly, FEA works. It delivers accurate stress estimates for parts with geometry too complicated for hand calculations alone, which describes most of today's parts. Accuracy means that localized stress concentrations can be removed. Accuracy means one less uncertainty, meaning that a lower factor of safety can be considered--resulting in lower weight, lower cost parts that are still stronger and have longer life cycles. Accuracy means that an expert witness can pinpoint areas of concern, and can often nail down the why's and how's of a part failure. As discussed in previous issues of Courtroom FEA, this will often point the finger at the responsible party, be it designer, manufacturer or end user. Accuracy can mean reduced lab testing by concentrating the investigation on the suspect areas. Accuracy means credibility.

FEA has internal checks that a good analyst needs to apply to verify the results. Hand calculations provide a rough estimate of the results, and the hand calculations and FEA had better match within their accuracies. If not, something is wrong with one or both of them, and the analyst had better correct that. Once they do match, hand calculations are an external check of the detailed FEA results. Hand calculations are good.

Courtroom FEA: Does FEA apply to my case?

2007-01-08T03:37:00.000-08:00

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.

Courtroom FEA: But how does FEA work?

2007-01-07T03:37:00.001-08:00

Many legal professionals are exposed to Finite Element Analysis (FEA) in the courtroom. Having a fundamental understanding of how the method works can help an attorney (i) recognize when FEA can strengthen a case, (ii) choose a capable expert and (iii) develop meaningful challenges to the opposition's expert. As discussed in the last issue of Courtroom FEA, if a loss, injury or death is due to something bending or breaking, FEA can help identify the cause of failure and hence the responsible party. But how does it work?

Divide and conquer.

But first, let's back up and discuss what is being conquered. FEA is applied to many types of problems, such as temperatures in consumer electronics, airflow around aircraft, and magnetic fields in electric motors. By far the most common application is structural FEA -- determining how a solid body responds to various forces. The structural problem amounts to writing down some "governing equations" that describe the material and how it behaves, and then solving those equations for the physical part being analyzed subject to how it is held and loaded. This can be done on paper for some simple part shapes. The resulting "closed form solution" is another equation that provides the answer in terms of the basic variables, such as the part's dimensions.

But reality intervenes, and most parts are too complicated to solve in closed form. FEA comes to the rescue by providing a "numerical solution" for each individual problem. This is a large gathering of numbers approximating the desired answers, such as displacements and stresses, across the part. But each solution is unique to a specific case; there is no simple answer in equation form.

Now then, how does FEA divide and conquer the problem to provide the numerical solution? The answer lies in the name, "Finite Element Analysis".

"Analysis" is obvious: the part is being analyzed under certain conditions.

"Element" describes a small section of the part. In fact, the governing equations mentioned above can generally be derived by considering a small section, writing the equations for what's happening in that section, and then mathematically allowing the size of the section to become infinitesimal, or infinitely small. In FEA, each section is called an "element", and the elements are not made infinitely small.

"Finite", then, refers to the countable number of elements used to represent the structure. The elements are of finite, measurable size. A computer can handle the computations on this finite number of elements.

Each element acts on its neighboring elements. FEA assembles the equations from all the elements into one large matrix equation, and the computer is used to determine the numerical solution. A key concept of FEA is this: if the elements are made small enough and are spread advantageously across the part, the numerical solution can closely approximate reality.

An experienced analyst can prepare the finite element model such that it accurately predicts the part's behavior, and can ensure that the solution algorithms do not interject significant errors. Results from the less-experienced are often suspect, and identifying them as so can be a tremendous advantage in the courtroom.

Courtroom FEA: FEA = Finite Element Analysis

2007-01-07T03:37:00.000-08:00

As a product liability professional, it is important that you know what Finite Element Analysis (FEA) can do for you. If you don't, your adversary might. Whether you serve plaintiffs, defendants or both, you're probably already familiar with FEA.

Simply put, if a loss, injury or death is due to something bending or breaking, FEA can help explain the failure.

An experienced FEA expert can determine the stresses and displacements in the failed part. When compared to industry standards, earlier designs and competitive designs, this often identifies the cause of failure, and hence the responsible party.

As in any field, your choice of an expert is important in making your case. It's not unusual for an inexperienced FEA analyst to generate incorrect results; this is both a warning to the wise and a strategy for dealing with the other side's expert.

FEA results lend themselves to color plots and animations, making conveying the key concepts to the jury much easier.

Clinical Negligence Solicitor For A Botched Surgery

2007-01-06T01:34:00.001-08:00

Statistics do seem to indicate there is an upward trend is wrongful cosmetic surgery treatments; so, would you have a claim for clinical negligence following a bad cosmetic surgery experience?

It is hard to imagine that there can be a worse feeling – you go into have cosmetic surgery treatment to improve your features and hopefully boost your self-esteem and when you finish, you find that something has gone horribly wrong and you have been disfigured for life!

Establishing A Claim

In order for a clinical negligence solicitor to establish that you have a medical negligence claim, the solicitor needs to show that a duty of care situation existed between you and the surgeon and that the surgeon was negligent in this.

Fortunately or unfortunately, however you wish to look at this, prior to 1 April 2002 there was no method of ensuring that the private cosmetic surgeon who treated you had any specialist cosmetic surgery training. Indeed, even if they are still practicing today, if they started practising cosmetic surgery prior 1 April 2002, there would still be no requirement that they had received specialist cosmetic training.

For this reason, having established that a duty of care relationship existed, it should be much easier for your solicitor to show that the surgeon acted negligently than would otherwise be the case in a more mainstream medical negligence claim.

Alternative means of establishing a claim for clinical negligence compensation include:

Informed Consent

Nearly all cases involving cosmetic surgery negligence claims centre on the issue of whether or not you had the appropriate informed consent prior to the procedure. Basically, 'informed consent' means that the surgeon or doctor treating you is required to inform you of:

• the potential benefits of the cosmetic treatment you are about to have, something most cosmetic surgeons are very happy to talk about;

• the potential risks that are associated with the cosmetic surgery procedure you are going to undertake, something most cosmetic surgeons talk about reluctantly; and

• what the alternatives are to the treatment you are about to receive, something cosmetic surgeons sometimes fail to inform their patients!

Without your informed consent to the cosmetic surgery, it is possible for your clinical negligence solicitor to establish that a clinical negligence claim exists and to ask for clinical negligence compensation.

Injury Compensation

Besides lack of informed consent, a clinical negligent solicitor can also establish a case for clinical negligence in the event that you suffer any disfigurement or scaring following the procedure, or if the treatment results in you have some other form of disfigurement – such as damaged nerve-ends, damaged internal organs, abrasion, etc.

Dental Surgery

In addition to the more common claim of negligent treatment in cosmetic surgery, if you have recently received any cosmetic dental treatment that did not produce the results you were lead to believe would be the case by the advertising you read, or if the cosmetic dental surgery procedure was painful, or left you in any way disfigured, you may well have the right to claim for dental negligence compensation – so make sure you check this out with your solicitor.

Dental Negligence - Stupid Decisions Under The White Light

2007-01-06T01:33:00.001-08:00

Whether it's down to the decaying services being provided by the UK's National Health Service (NHS) or because more of us are aware of the benefits of dental surgery, what is indisputable is that there are more compensation cases for dental negligence than at any other time in our history.

So, if you have been on the wrong end of a particularly nasty piece of dental surgery recently, how would you go about making a dental negligence claim?

Dental Negligence Solicitor

Even though some experts will tell you that the standard for establishing a claim of negligence involving dental surgery is easier than in other areas of medical negligence. There are less things that can go wrong in dental surgery than in hospital surgery, this is still a very technical area of personal injury law.

As such, top of your list of priorities following the dental procedure in question should be a visit to see a dental negligence solicitor. The solicitor should then tell you whether or not you have a personal injury claim to make against the dentist who did the botch!

In the event that you cannot afford a compensation solicitor, don't worry too much about this as most dental negligence solicitors these days are more than willing to agree to work for you on a no win no fee basis.

Basically, under a no win no fee structure, you will not be liable for the cost of retaining your solicitor because, should you lose, he has agreed not to be paid, and should you win, he'll be paid by your opponent.

Establishing Who To Sue

At your preliminary meeting with your dental negligence solicitor you'll need to determine who you are going to sue. As, in the UK, we have a dual system of dental care, between the private sector and the public sector, with many dentists practicing in both. Before you can submit your dental negligence claim you need to establish whether you saw the dentist in the capacity of a patient under the NHS system, or as a private patient of the dentist.

In the event that you saw the dentist as a private patient, then in all likelihood you will not be suing the dentist for compensation, but rather the dentist's insurance company! On the other hand, if you were visiting the dentist as a patient under the NHS system, then, again, you would not be suing the dentist for negligent compensation, but the NHS itself.

Standard Of Care

Generally the accepted reasoning is that dentistry is a 'tried-and-tested' profession where things can only go wrong if the practitioner has made a mistake. Nonetheless, as with all personal injury claims in the UK, you will need to establish that the dentist owed you a duty of care and was not diligent in undertaking his duties.

In this regard, so far as dental negligence is concerned, any dental negligence claim will need to show that the dentist did not exercise the professional standards set by the British Dental Association and/or the Dental Practice Board.

It's Your Right – Claim It!

You may feel that a claim for dental negligence compensation is a little trite – after all, it's not the end of the world! However, keep in mind two factors:

• even if it is the case that the dentist pulled the wrong tooth or gave you a filling you didn’t need, if you are an adult that tooth will never grow back and it has gone forever!

• dental negligence does not only cover the simple pulling of teeth, it also includes complex procedures such as root-canals and gum treatment. These procedures can not only be extremely expensive, but also extremely painful.

Medical Negligence Claim - Has Your Well-Being Been Affected?

2007-01-05T01:32:00.001-08:00

Historically, courts in England and Wales have been very reluctant to find in favour of a plaintiff in any medical negligence claim brought against hospitals or local authorities.

Thus, in order to determine whether or not you have a claim for medical negligence, it is essential that you seek the advice of a medical negligence solicitor as soon as you possibly can after the event that transpired that led you to believe that you were entitled to injury compensation.

Overview – Establishing A 'Duty Of Care'

The crux to any medical negligence claim you make, whether such be against the doctor who operated on you, the hospital where you had the treatment, or the local authority under whose control the hospital comes under (or the NHS directly itself), is being able to prove that you were owed, what is known in legal jargon as, a 'duty of care'.

In this regard, clinical negligence will arise if you were owed such a duty of care and you were not treated with a reasonable degree of skill that would otherwise be expected from a skilled medical practitioner.

As such, if your doctor treated you in such a way that it could be considered careless, or lacked the training required, or if they disregarded the normal rules associated with treating your problem, then you may have grounds for a medical negligence claim.

Keep in mind, however, that previously the courts have said that even in situations where doctors have been 'on-call' for 24 and 36 hours, or more, and mistakes were made due to fatigue in service, a medical negligence claim may not get intimidated – so, it is imperative that you have a medical negligence solicitor representing you and protecting your interests from the outset if you want to stand any chance of winning your medical negligence case.

The 'Standard Of Care'

You would have thought that being a doctor was sufficient to assume that they should know what they're doing and have reasonably foreseen if they did cock-up, as it would result in a clinical negligence claim.

It is unfortunate in the UK, in any accident claim that involves doctors or medical practitioners, things can get nasty. For them it's wasted years of education if they get banned.

The medical profession is a close community and in most cases they will not admit that someone within their profession was negligent unless the actions of that person could be considered grossly negligent. For this reason you'll need a good and experience solicitor in medical negligent claims.

Prescription Period

If you believe that you have a cause to sue for medical negligence compensation, then you are required to start your claim proceedings within three (3) years from the event that caused the accident injury.

If you are entitled to claim, one of the few exemptions to this rule is medical incapacity. Otherwise, if you do not start your injury claim process before this time, you will forfeit your right to claim for compensation. As such, if a med neg situation does arise, see a specialised solicitor as soon as you can.

Cannot Afford To See A Solicitor

If you believe that you cannot afford to seek the advice of a medical negligence solicitor following what you believe is clinical negligence, don't worry – you can find solicitors these days who are willing to listen to your story and submit a claim on your behalf based on a 'no win no fee' basis.

Fortunately, in some cases no win no fee solicitors don't even take a consultation fee from you. You can make arrangements with your solicitor who will submit a claim for their fees at the conclusion of your case against the insurance company of your opponent (after you win).

So, if you believe you have a claim for medical negligence, don't be put off seeing a solicitor until tomorrow, go and see a no win no fee specialist in medical negligence today.

Understanding the Lemon Law

2007-01-05T01:32:00.000-08:00

Are you a victim of a lemon law violator? If so, you have many rights that can protect you. Lemon laws were established to help protect the consumer against the purchase of a bad product. For an example, let’s use cars. If you purchase a car from a dealership or a private owner and are told that the car is in good working order, they have to stand by this. If you pull it out of the drive way of that dealership only to have it break down on the way home, chances are that the car was not in good shape to begin with.

Dealerships and anyone else selling used cars need to ensure to you that the car is in the condition they are selling it to you. They can’t tell you it’s brand new if it really has been around for years. In order to protect consumers from not too honest dealers, lemon laws were created. But, each state has their specific set standards for lemon laws. You can find out what your state’s lemon laws are and find out how they affect you whether you are buying or selling a car.

If you feel you have been a victim of lemon law violations, you have rights. The first thing that you need to accomplish is finding a qualified lemon law attorney. This is important because if you take on the dealership (as in our example) on your own, chances are good that you may miss something, make a mistake to cost you the case, or just not present yourself in a positive manner. Investing in a lemon law attorney can help to ensure that your purchase and case are taken care of in the best possible way.

Lemon laws are there to help you. In order to do so, though, you need to know how they work in your state and in your situation. To find out what your state’s lemon laws are, simply look on the state’s website or call a qualified lemon law attorney.

How To Make A Criminal Injury Compensation Claim

2007-01-04T01:31:00.000-08:00

If you have been a recent victim of a crime, then there is a very good chance that you'll be entitled to make a criminal injury compensation claim under the Criminal Injuries Compensation Scheme.

CICA – Criminal Injuries Compensation Authority

Great Britain has in place the oldest compensation scheme for people who suffer criminal injuries as victims of crimes, with the first version having been introduced in 1964. Based along the lines of a personal injury compensation claim, the CICA compensates victims of violent crime who have suffered any:

• injury, whether that be physical or mental, as a result of being the victim of a violent crime

• possible loss of earnings that the victim may endure as a result of such criminal injury

• bereavement suffered as a result of a loved one having died as the victim of a violent crime.

Since 1996 the CICA has adopted a fixed tariff criminal injury compensation scheme as set out by parliament in the Criminal Injuries Compensation Act 1995 for those who are entitled to make a criminal injury claim.

Making A Compensation Claim

If you plan to make a claim to the CICA for criminal injury compensation, then you'll need to show that you have suffered either physical or mental harm as a result of having been the victim of the violent crime in question.

Note that you need to show that a crime took place, you do not need to show that a conviction resulted from the crime you are claiming took place.

If you have grounds to believe that you have a criminal injury claim, you can obtain a compensation form from a personal injury solicitor, which you then need to compete and return.

The CICA then acknowledges receipt of your form and should process the claim. Keep in mind that this can be a lengthy process and can take anywhere up to 18 months after you have submitted the criminal injury compensation claim.

Also, as the scheme is for victims of violent crimes, the minimum compensation payable under the scheme is £1,000 and the maximum amount of compensation is £250,000.

Moreover, keep in mind that if you have made a claim for compensation under the scheme and are not satisfied with the initial compensation awarded for the criminal injury you suffered, you are entitled to submit a request to have a review of your criminal injury claim within 90 days of your original award being made.

If you still don’t like the award after this review process has been completed, then you can appeal your criminal injury compensation claim to the Panel of the CICA within 30 days of the outcome of the appeal process. If the Panel of the CICA award still does not satisfy you, you then have the right to appeal your claim to the High Court.

Are There Any Alternatives?

If you have been the unfortunate victim of a crime, you should speak to a criminal injury solicitor as soon as you can following the event. In part this is because the criminal injury compensation scheme is only for those who are the victims of a violent crime.

On the other part, you need to make sure you do this so that you can get the advice from your criminal injury solicitor as to any alterative compensation you may want to seek.

Any alternative compensation claim you do instigate will be based on a civil action for personal injury. As a personal injury claim can be expensive, if you believe you may have a case for personal injury compensation but do not have the funds to pay a costly solicitor, you should talk with a no win no fee solicitor to see if there is any chance they will represent you in your claim.

How To Calculate Your Whiplash Claim

2007-01-04T01:29:00.000-08:00

How much is the pain and discomfort of your whiplash injury worth? A fair question, after all a whiplash injury is painful – so you should be compensated accordingly. Unfortunately, however, the level of compensation you get for your injury following an accident will depend on a number of variable factors.

The Whiplash Compensation Claim

The first of the variable factors will depend on how you make your whiplash injury claim. If you make a compensation claim directly against the insurance company, then you will likely be compensated in accordance with the settlement agreement you make with the insurance company.

However, if you decide to seek the advice of a compensation solicitor to handle your whiplash compensation, then you could be entitled to compensation categorised as

(i) General Damages and

(2) Special Damages.

General Damages For Whiplash

The overall amount that you may be entitled to under General Damages is difficult to determine as it is paid for the physical pain and suffering (i.e. the actual damage – such as a whiplash neck injury or something more serious) that you encounter as a direct result of the accident you had.

You may also be allowed to claim for emotional pain and loss of enjoyment of life as part of General Damages. Finally, if the pain and suffering you encounter as a result of your injury causes you to suffer psychological disorders, such as depression, then this may also be included in your compensation claim.

Although General Damage sums awarded by a court will be dependant on their set guidlelines, the details of your medical report detailing the extent of the whiplash, the actual injuries caused, and the possible harm it has had on your emotional state will, all play a pivotal part in the whiplash injury claim.

Special Damages For Whiplash

Unlike General Damages, Special Damages can be fixed to some degree and are payable to you as a result of you having encountered certain special losses because of the accident.

In particular, Special Damages are payable on any loss of earnings (including any potential loss of future earnings as a result of the accident) you may have to endure while you recover from the accident; car hire expenses you have to pay as a result of your car being in the repair shop; if you have to pay someone to look after you while you recover from your whiplash, these can be recovered; and if you have paid for medical attention to treat the injury, you can also include these in your claim.

If you want to claim for Special Damages you need to keep a careful track of all the payments you have made and where possible you'll need to have receipts.

Insurance Settlement

If you decide that you do not want to make a whiplash injury compensation claim through the courts, then you need to agree to enter into a settlement agreement with the insurance company. In this case you need to make sure you read the terms of the settlement agreement very carefully as insurance settlement claims usually contain provisions

(1) that the insurance company can pay you in instalments, rather than a one-off lump-sum payment;

(2) that once you have been paid the whiplash compensation by the insurance company you cannot reopen the claim in the future to try and get some more money and agree to no longer hold the insurance company liable for any future cost or loss.

Limitation Period To Bring A Claim

If you have recently suffered a whiplash injury, then you have a period of 3 years from the date of the injury in which to bring proceedings to court. If you fail to bring your whiplash claim to the courts within this time you will have forfeited your right to make a claim.

Whiplash Injury Solicitor

Whether you have suffered a neck injury, back injury, or bruising, in order to know exactly what your rights are you should seek a consultation with a personal injury solicitor or lawyer as soon as you can following the accident and in any case before you agree to sign any settlement agreement with any insurance company as they are not obligated to tell you what your legal rights are but also what compensation you should be entitled to.

Whiplash Compensation Claim - Take These Actions

2007-01-03T01:08:00.002-08:00

Even the most cynical of us would agree that occasionally accidents do happen. However, more often than not, an 'accident' isn't really an 'accident' at all and a certain level of fault for the accident has to be placed squarely on the shoulder of the person who caused the accident. The same is certainly true in the case of a car accident. So, how would you go about getting proper whiplash compensation following a car accident?

Unlike other injuries that can occur in a car accident, more often than not the symptoms of whiplash, such as a whiplash neck injury, will not manifest themselves until the morning after. Usually, the accident will cause the whiplash to manifest in the form of:

• a headache, most likely all over the head with particular emphasis on the back of the head, or the forehead, or behind the eyes of the victim; or

• neck pain; or

• both of the above, with the headache likely to be more painful initially than the neck ache, but with the neck ache likely to be more prolonged and with the chance of this developing into Osteoarthritis in the future.

So, with an accident injury of this nature, i.e. one that does not manifest itself immediately, you would think that making a whiplash injury compensation claim would be an extremely onerous task – as causation proof of the injury would be difficult. However, you can make it easier to make a compensation claim for whiplash if you adhere to the following guideline procedures following the accident:

1. As Soon As You Can, Write Down Exactly What Happened That Caused The Accident To Happen

When you write your notes about what happened to cause the accident, which you should try and do as soon as you can following the accident. You need to make notes of exactly what happened leading up to the accident, during the accident and subsequent to the accident. You should also take note of:

• where the accident took place

• what the weather conditions were like (e.g. was it foggy and slippery?)

• what the time was

• whether there were any witnesses who can verify your story

• exactly what you said to the other person(s) involved

If possible you should use your mobile phone camera to take photographs of the damage done to your car and you, as well as of the road surface and the general weather conditions.

2. Have A Medical Examination Immediately

Even if you are not feeling too bad following your accident, it can take a few hours, even a sleep, for the symptoms of whiplash to manifest. However, the longer you leave it until you get a medical examination the more chance there will be that the person who caused the accident can say that your injuries could have been caused by something else other than the car accident. Or, worse, the whiplash injuries could have been mitigated if only you had sought medical attention earlier.

To protect both yourself and your potential whiplash injury compensation claim, you should take yourself off to the hospital and have a complete medical examination as soon as you can, following the accident. Once you have had the examination you should ask the doctor to write a report detailing the chances of you having suffered an injury as a result of the accident – including the chances of you having suffered whiplash.

If you do this, you may well find that it is a lot harder for the person who caused your injury to claim that the whiplash was the cause of anything but their actions.

Keep in mind that whiplash injuries can have lasting effects. They can also have a very dramatic effect on your life – especially if they manifest into Osteoarthritis. So do not take a potential whiplash injury lightly and make sure that you protect any future rights that you may have to bring a whiplash injury claim.

No Win No Fee Claim Solicitor - Benefits Of Appointing One?

2007-01-03T01:08:00.001-08:00

If you were not already aware of it, the world of personal injury is awash with a new buzz-phrase: the no win no fee claim. However, what is no win no fee and more importantly, what are the benefits of appointing a no win no fee claim solicitor?

Origins

With the spiralling costs of Legal Aid swamping the UK treasury, the UK Government decided that the time has come to introduce a new method by which compensation solicitors could be paid for accident claims, thereby reducing the burden on them. The alternative agreed upon and put into operation in 1998, the no win no fee claim.

What Does It Mean?

Basically, a no win no fee compensation claim is available to anyone who believes they have grounds to make a personal injury claim for compensation. Under this conditional fee arrangement, an accident solicitor representing you in a personal injury claim is only entitled to be paid his fees if he actually wins the case.

Why Would A Compensation Solicitor Agree To Such An Arrangement?

Under the law, if you win your personal injury compensation claim, your compensation solicitor is entitled to claim his fees and expenses from your opponent. As a result, if your solicitor believes your case has merit, he'll be willing to work for you for free, safe in the knowledge that he'll be paid for his work by your opponent once he wins the case.

Is There Anything I Need To Be Aware Of?

Yes; sometimes a no win no fee solicitor will try to make you agree to pay his fees on the grounds that you can be reimbursed by your opponent once you win the case. However, you should keep in mind that the courts will only reimburse you for the reasonable fee costs of your solicitor - so if you agree to such an arrangement there is a chance that you will not be getting 100% compensation you are rightfully entitled to.

Also, you need to keep in mind that if you lose your personal injury claim, although you will not be responsible for your own solicitor's fees, you may be held accountable for fees off your opponent and even, possibly, the court's fees. So, if you are going to use the services of a no win no fee compensation solicitor you should make sure that you ask him who'll pay if you do happen to lose the case.

In this regard, a good accident solicitor will tell you that they have taken out insurance to cover this scenario. If, however, your solicitor has not taken out insurance, you should urge him to do so - as solicitors' and court fees are expensive and can easily be covered with a minimal premium paid to an insurance company.

What Are The Benefits Of Appointing A No Win No Fee Claim Solicitor?

Beside the obvious benefit of not having to pay for your solicitor's services - whether you win or lose - the biggest benefit of appointing a no win no fee solicitor is the fact that you'll receive 100% of the personal injury compensation you are entitled to.

In other words, none of the compensation you'll be paid from your no win no fee accident claim, will be eaten up in solicitors' fees and costs. In turn this means that the compensation you are paid can be put to good use that it was intended for - compensating you for the personal injury YOU suffered.

In addition to the above, because no win no fee solicitors are only paid on the basis that they win the personal injury case they are working on, they tend to be very good at what they do and are experts in personal injury law.

As a result, they'll most probably be able to give you the best advice on whether or not your personal injury compensation claim has a chance of winning.

Aviation Accident Lawyers & Lawsuits

2007-01-02T01:07:00.001-08:00

Aviation Accident Lawyers & Lawsuits

Although today’s air travel is one of the safest forms of transportation, aviation accidents still happen and can become a living nightmare for those involved. There are many reasons that aviation accidents happen and they can all vary greatly depending on specific circumstances and problems that occur during the flight process.

Some of the accidents that occur deal with taxi and takeoff, descent and landing, mechanical failures, pilot error, poor weather and fuel mismanagement. Many people believe that aviation accidents can simply be caused by ‘bad luck’, however in many of the cases researched; the accidents could have been avoided all together. If the pilot and flight crew can perform their jobs without and mistakes, an aviation accident is much less likely to occur.

An aviation lawsuit involves a lengthy process which requires an experienced level of expertise. Litigation in the aviation industry generally involves expert witnesses with specific knowledge in certain aspects of aviation such as air traffic control, engine design and mechanics. These lawsuits are generally directed towards pilots or manufacturers of aircrafts, however sometimes pilot error can be blamed for accidents along with defective or malfunctioning machinery. Since planes are mass produced, if there are malfunctioning parts in one of the planes, there’s a chance that all of the models will have this defective part.

Extending Protections To Consumers Through A Motor Vehicle Lemon Law

2007-01-02T01:07:00.000-08:00

During the 1980s, many states in the United States and some other jurisdictions in different countries around the globe began enacting lemon law statutes. The creation of lemon law statutes arose out of problems that consumers were having in regard to the purchase of new motor vehicles that turned out to be significantly defective.

Prior to the enactment of a lemon law in a given jurisdiction, a consumer's only real recourse if he or she purchased a car that did not mechanically live up to expectations was to obtain whatever relief that he or she could seek out of the provisions of a warranty. In other words, on a very real level, before the advent of the lemon law, a consumer truly did purchase a new automobile or other new motor vehicle in an as is condition. If there were problems with a new motor vehicle in the absence of a lemon law, the consumer was stuck -- plain and simple. There was no legal mechanism through which a consumer could return a chronically defective motor vehicle to a dealer without the specific statutory provisions that were found within a lemon law.

In time, many governmental leaders and consumer advocates began to realize the inherent unfairness in a consumer being stuck with a deeply flawed motor vehicle through no fault of that consumer. These leaders and advocates realized that the time had come to provide consumers some recourse if they ended up stuck with a truly tainted motor vehicle. As a result of this recognition that consumers deserved greater protection against defective new motor vehicles, the lemon law was born.

You do need to keep in mind at the outset that the typical lemon law only extends protection to a person who has made the purchase of a new motor vehicle. Used or pre-owned vehicles are not included within the prevue of the standard or typical lemon law. In addition, the typical lemon law only extends its protections to consumers who purchase a new car or other motor vehicle for personal use. A standard lemon law does not extend protection to new vehicles that are used for business, commercial or fleet purposes.

In general terms, the manner in which a lemon law operates and works is fairly simple. If you do purchase a new motor vehicle, and end up facing the same mechanical defect or disruption over a specified period of time (as set forth within the lemon law itself), you have the right to return that motor vehicle to the dealer that sold you the car in the first instance. The dealer has a legal obligation to refund the money that you paid for the defective motor vehicle in the first instance. In other words, the typical consumer -- a person like you -- does not end up with a defective motor vehicle that requires ongoing repair work. You are able to get the money you invested in the car back and are freed from the burden of owning a defective vehicle.

Work Injury Claim - Easy If You Make It!

2007-01-01T01:06:00.000-08:00

If you had an accident at work, its consequences can get very complicated. A work injury claim can help if it disables and makes you less useful as an employee to the company. The recovery takes time and your co-workers can react in different ways when they have more work to do because of your health problems.

They may be unhappy with you slowing their work or they may think that you're practically being lazy and your injury is just an excuse so you needn't work harder.
So your situation at work gets worse, even though it's not your fault that you're suffering from an accident.

Accidents do occur and you shouldn't be punished for it. The injury may result in smaller earnings, you can be demoted, transferred to other tasks or lose a future chance of promotion.

Not to mention that one day you may hear from your boss, the time has come for you depart from the company and suddenly you are left with nothing.

Are You Going To Get Sacked?

On the other hand, you realise you can make a work injury claim. But you also think about it not being fair on the company and could jeopardise your relationship within. However a work accident claim can solve many issues brought to hand. Such as stating the obvious financial, the reason why we go to work. To get paid!

The injury assessment and medical report, once obtained from a medical specialist will determine the worth of your compensation claim. It could also bring to light areas at work that are dangerous to work and will help the company to improve and prevent further accident injuries.

It may also prove that your injury is more serious than your co-workers and bosses think. If the accident was not your fault, your company should bear all the consequences, as they haven't obeyed the Health & Safety Regulations.

A workplace accident claim can also compensate for many personal problems following your injury at work - because we can't forget that your life doesn't end at work as it affects your everyday life, both personal and social.

I Had An Accident At Work - What Should I Do?

There are certain procedures and things you should do if you want to make a compensation claim for a workplace injury. At the very beginning, your injury should be recorded in the company's accident book. If your firm has more than 10 employees, the presence of such book is required by law.

If for some reason the accident book is not available, you should advise your boss with a description of the accident and any injuries sustained. If there were any witnesses to the accident, they should add their knowledge of detail to the record.

You should also be asked to write down a detailed version of the entire situation - it's good to prepare it as soon as possible, so you won't forget anything and you will have it ready for any further proceedings. If you can, take photos of the workplace area plus any machines that were involved.

Then you should visit your doctor, so he or she could make a medical entry concerning your injury. If the injury is serious enough to make you unable to work, you should organise your statutory sick pay with your employer. It could also be useful for your accident injury claim to at least recover your earnings.

Of course, if you want to claim your compensation, the best you can do is to contact an accident solicitor, who will advise and guide you through the process of making a claim. Quality accident solicitor's services are free, based on a 'No Win No Fee' policy, which means that regardless of the claim's final result, you don't pay anything.

Injury Compensation - How To Get Back What You Lost?

2007-01-01T00:52:00.000-08:00

An injury compensation claim is a common procedure for those who have been unfortunate to suffer the consequences of a personal injury and know only too well the life-altering effects it can have. Things that used to be simple tasks are now major obstacles, the simple pleasures of life seem to be slipping away and everyday is a struggle just to get through.

Work is no longer an option, along with all the activities you use to enjoy. If this sounds like the situation you or a loved one is currently in, then considering an injury compensation claim can make all the difference in the world.

You're Not Alone In The Struggle

Every year, thousands of people struggle to cope with serious personal injury, with many of them not realising the compensation they deserve.

Once injured, many people tend to hide away and refuse to acknowledge the damage that has been inflicted on their body. Not coming to terms with an accident injury is one of the most dangerous things a person can do. It can lead to increased mental stress that can have a big impact on family and friends, and possibly slow down the recovery and rehabilitation process.

It also prevents the injured party from receiving the deserved compensation to help with the financial difficulties that often strike in these difficult times.

Get The Help You Deserve

You wouldn't skimp on rehabilitation if it was a family member or another loved one who was injured, then why deny yourself the necessary treatment. Financial troubles are the last thing anyone needs when trying to recover from a serious injury.

A successful accident claim will give you the financial freedom you need to get back onto your feet and fully recover. A caring and trustworthy solicitor will be your best offence and defense in getting that help.

I'm Ready For Help! Now What?

The decision to claim compensation can be your turning point. It is not a decision that many people make lightly; they realise that any possible court proceedings can be frustrating, and that choosing the right accident solicitor who understands their personal needs can be just as frustrating.

The right compensation solicitor will be the one who is truly interested and concerned with helping you and not just collecting his/her fees. Together with the right solicitor, you can get the compensation you deserve and help get things back on track.

Life After Your Compensation

With your successful injury compensation claim, it can feel like 100 pounds has been taken off your back. No longer stressed out about how to make ends meet. You can now concentrate on rehabilitation and returning to the activities you loved before the accident.

The psychological benefits from your injury compensation can be the greatest reward of all. The negative feelings and self-pity quickly dissolve, allowing you to concentrate on your life and allowing you to once again open up to your family and friends.

Personal Injury Compensation - The Edge

2006-12-31T00:52:00.000-08:00

There are too many situations in which an accident injury can happen. Whether outside or at home, even if you are a careful person, the rest of the world is not as perfect. The only thing you can really do is to protect yourself from the painful consequences of personal injuries and, if anything happens to you, all you can do is claim for personal injury compensation.

All injuries, particularly the severe ones, have more or less traumatic experiences and they can seriously affect both your personal life and work. Such situations can make you a victim in two ways: first by the injury itself as damage to your health and second by the moral, social and material losses following the accident.

You can't turn back the flow of time and avoid what has already happened but a personal injury claim can compensate you for the rest of your problems.

Bad Experiences?

In the past, many companies offered their services to injured people using harassing and not very honest methods. They intruded accident victims at home, pushed ill people into court cases and sucked their wallets dry regardless of the final verdicts.

Even if a person won their injury claim, they would get only a small piece of the compensation, because these companies took most of their money for their fees and other costs.

They didn't care about the well being of their clients - only about 'the profit'. People were bitter and they felt conned by their advisors - and any advisor should be a trustworthy person.

This situation changed with putting the 'No Win No Fee' policy into practice. What was even better, the policy evolved into 'Win Or No Win No Fee' rule. The new methods for solicitors had changed the form of injury compensation claims and made them what they should be from the very beginning: the help and relief for people suffering from personal injury.

What Does 'No Win - No Fee' Policy Really Mean?

Each personal injury compensation claim needs money. The injury has to be assessed and the medical report must be prepared. The court fees and other payments must be paid, too. And finally, the no win no fee solicitor should earn something as well.

But does it mean all these costs ought to be paid by you? Absolutely not! After all, the aftermath of an injury itself is expensive and troublesome enough and you need every penny from your compensation. More than just need: you deserve it!

The deal is simple. First of all: you choose a personal injury solicitor and contact them, not inversely.

If you employ them, the solicitor pays all the fees and bills along the way to your injury claim settlement. They take care of everything. These costs are paid by the solicitor whether you win or lose your compensation claim. They put their money, not your, into the case and they take all the risk. If they lose your claim, you don't lose a penny - why would you, if they didn't help you?

If you win, you get 100% of your injury compensation money and the solicitor receives all payments, fees and bills from the losers or their insurance company. This kind of deal is absolutely safe for you and - what is quite logical - it assures you that the personal injury solicitor will do their best to win. As you can see, the 'No Win No Fee' method is simple and honest - no hidden costs, no small print, no strings attached.

Any personal injury is a big problem itself. Serious injuries can drastically change your life. But with the right solicitor's help and later, with the money from successful personal injury compensation claim, you can easily return to the normality.

The health problems, any psychological damage, costs of medical treatment, loss of income, job issues and many others losses may be compensated thanks to a personal injury claim.

Are You Thinking About Filing For Bankruptcy Protection?

2006-12-31T00:50:00.000-08:00

Bankruptcy Overview

Bankruptcy, when you come right down to it, is the process that enables those who are unable to pay their debts get a fresh start.
It allows for some or all of these debts to be discharged or reorganized. Individuals or businesses may file bankruptcy.

This enables you to clean the slate and get a 2nd chance with your finances. In most instances, bankruptcy provides a fair method for compensating your creditors as well.

The bankruptcy process need not be your worst nightmare. However, there are certain requirements that must be met. You will be required to file a list of all of your outstanding debts and a complete list of your
assets. This is done with the help of your lawyer thru the Federal Courts.

To make this process easier to understand, your "Assets" fall into two categories.

They are: Exempt and Non-Exempt

Exempt assets are the property or belongings that you do NOT have to use to pay off the debts you have incurred.

In other words, exempt assets are off the table, (not in play) and may not be touched by your creditors.
In most instances this includes a certain amount of equity in your home, and some of the equity in a vehicle. For the most part, your clothing, and other personal items are deemed exempt. This does not include the expensive jewelry, furs and the big boys toys.

Next, you will be assigned a "trustee" by the Federal Bankruptcy Court to administer the payment of your debts.

Your debts also fall into two categories.
They are: Secured debts and Unsecured debts.

A Secured debt is one in which the creditor retains a "security interest." Most often it is the same property that was purchased with the credit that creditor extended.
Secured debts occupy the first position. This means they enjoy priority over non-secured debts, and must be satisfied first.

If you are unable to pay off secured debts, the creditor has the option to repossess that property and sell it. If there is any "short fall", that remaining debt is now considered unsecured. It doesn’t go away, it has only changed from secured to unsecured.

Once you have filed for protection, the court will issue an "automatic stay". This stops your creditors in their tracks. They may not take additional action against you beyond the bankruptcy.

This allows you to avert impending repossessions and foreclosures.

Chapter 7

In Chapter 7 Bankruptcy you are in fact liquidating your assets. This means that you are only permitted to keep "exempt" property. The remaining non-exempt property will be sold to the highest bidder. The proceeds of the sale are applied to the outstanding debt. The shortfall or amount left unpaid by the sale is then discharged.

In Chapter 7 Bankruptcy there are a few debts that are not dischargeable. They include taxes, back child support, DWI fines and student loans.

Chapter 13

In Chapter 13 Bankruptcy you are trying to regroup, recoup and get back on track. It is commonly known as the "reorganization bankruptcy for individuals."

Individuals who want to pay off their debt over a period of three to five years file Chapter 13 bankruptcy.

Chapter 11

Chapter 11 Bankruptcy is commonly used as the reorganization tool for businesses. This kind of bankruptcy is attractive if you own "non-exempt" property that you want to protect.
Chapter 11 will also help you to catch up on bills that have fallen into arrears. It effectively blocks an impending repossession or foreclosure.

Not everyone is eligible for a Chapter 13 bankruptcy. You must have a reliable source of income that is sufficient to pay your reasonable everyday expenses and still have an amount of positive cash flow with which you begin paying off past due bills.

If you file a Chapter 13 you are required to submit a plan to repay your debts that includes a set timeframe and set amounts to be repaid. Upon approval of the bankruptcy court, both parties (debtors & creditors) are obliged to accept the terms of the order

What To Do Now

Choosing your bankruptcy lawyer is an important decision.

This beginning process allows you to evaluate and determine your best course of action. This discussion is also your opportunity to satisfy yourself that the Jersey Justice sponsoring attorney’s fees are reasonable for your type of case.

Am I Making The Right Decision?

In all likelihood you are stressed and feeling the pressure to seek professional help with your finances.
Your decision to look for an experienced bankruptcy attorney may be the best financial decision you have made in a long time.

Even taking the beginning steps to consult with an attorney takes enormous courage. You may even be thinking about struggling through all the mess on your own. That could be a very lonely path.

Before you make the decision to go it alone, ask yourself a few questions. If two or more of these are you, then it could be the perfect time to seek the services of a bankruptcy professional.

Are You:

receiving harassing or threatening phone calls from people you owe?

paying the minimum payment possible on your credit cards?

taking out Payday Loans? (which by the way are illegal in NJ)

begging for loans from friends and family?

about to lose your job?

behind in your taxes?

receiving foreclosure notices?

behind in child support or alimony?

gambling to try and make ends meet?

sick and unable to even go to work?

If your answers indicate that you are in financial deep water, bankruptcy may be your best solution, but you will never know for sure until you get the advice of an attorney.

How Will Bankruptcy Effect My Life? Your Bankruptcy Attorney will be able to explain some other very important considerations.

What happens after bankruptcy?

What will my life be like?

Will I ever be able to get credit again?

How do I live within a budget?

How do I start all over?

How do I rebuild my credit?

If these nagging questions are on your mind, then a bankruptcy attorney is right for you.

It is true. A bankruptcy can be a persistent source of blemishes on your credit report for up to 10 years.
The good news is you are able to start re-establishing your credit the moment your case is closed.

How good is your present report? It is probably already suffering the consequences of late payments, delinquencies and every other known credit report disorder.

Think about this. Your credit score could actually improve due to the elimination of most of your debt. Lenders actually believe that you are a better credit risk now since they know that you may not file bankruptcy again for another six years.

At about 18 months to 24 months into your bankruptcy you will even be able to qualify for a new home loan if you are able to come up with a minimum down payment backed up with proof of income that supports the debt service.

Auto loans are available to individuals upon discharge of your existing debt. And believe it or not you will start receiving offers for credit almost immediately. But "caution" is the watchword at this critical point in time.

Traditional Legal Lead Generation Is Dead - Discover How To Increase Requests For Consultation And Retain More Clients

2006-12-30T04:46:00.001-08:00

Professional legal marketers recently discovered that lawyers were consistently generating two types of client leads. One type of lead increased the number of actual clients and got favorable results and the other type was a complete waste of time.

Question Askers

This is a type of lead that is filled out by people who are window-shopping the legal community with varying degrees of interest and a vague understanding about what an attorney can do for them. They may not even grasp the importance of retaining a specialist in a particular area of law.

Educated, Motivated And Pre-Sold Prospects

This is a type of prospective client that has been carefully qualified, who has received a significant amount of information on the area of law and THEN completes a "Request For Consultation" form. These are educated and motivated clients.
When your firm can obtain these types of leads, the natural result is an increased client acquisition rate.

Some of the more successful legal marketers have developed proprietary Internet based tools that continue to generate the motivated and educated prospect.

There are three basic tools that have been identified and refined to generate real hot “highly targeted” prospects.

THE TARGETED AD

This is a keyword rich advertisement that is unlike the usual "generic" ads seen by the client. These ads address a specific legal problem, identified by the client, and generated by the keyword the client used while searching for a solution.

Once the problem has been identified, the client is delivered to a specific "landing page" with compelling information designed to deliver the exact information the client is seeking at the exact moment they need it.

The Landing Page Storyline

Most law firms that attempt to generate client leads on their own, publish a simple ad that delivers the prospect to the firms website with either too much "general information" or in many cases no useful specific information.

Discover The Nine Vital Questions You Need To Ask Before Hiring Your Personal Injury Lawyer

2006-12-30T04:45:00.000-08:00

Once you know the right questions to ask, hiring your personal injury lawyer is not only easy, but you will have priceless peace of mind.

Pick any three personal injury lawyers from the phone book or Internet ads that are conveniently located to you and begin the interview process. Remember, they are working for you so it is proper that you should take control of the interview and hiring process before you relinquish control of your injury case to them.

Here are the nine vital questions you need to ask:

1. Are you certifird by (Your State) The New Jersey Supreme Court as a Cival Trial Lawyer?

2. Do you hire trial consultants to help you prepare cases?

3. Do you run mock jury trials to help you learn about what juror's think about your cases?

4. How many personal injury cases have you actually tried in front of juries?

5. What kind of experts have you hired for your clients?

6. What percentage of your law firm's revenue is derived from personal injury cases?

7. Have you successfully handled cases similar to mine? If so, how many and what is your average recovery?

8. Do you routinely offer to advance all costs and expenses of litigation?

9. Are you certified as a trial attorney or a member of any attorney organizations that focus on injury victims?

The answers you receive will give you a pretty good idea if the personal injury attorney is as experienced and successful as you deserve.

Retain an attorney who is willing to go to trial and prepares each and every case with a jury in mind. Insurance companies know very well which attorneys are trial tested, experienced, and willing to duke it out in the courtroom. They are the attorneys who command the respect that gets you a fair settlement.

Any attorney that is unwilling to advance expenses is putting you in a weaken position because if you are unable to support the case through trial it must be settled out of court. That usually spells less compensation for your injury. Insurance companies look for these opportunities to save a bundle at your expense.

Once you have the answers to these questions and you feel comfortable that your attorney will get you a fair and equitable compensation, you are ready to hire them.

Choose a lawyer who focuses their practice in personal injury law, including car accidents, defective products, construction accidents and personal injuries of every description.

It's always a plus if your attorney is certified by (any state) The New Jersey Supreme Court as a "Civil Trial Lawyer", a distinction held by less than 3% of the lawyers in New Jersey.

How Turn A Franchise Agreement To Your Advantage

2006-12-29T05:01:00.003-08:00

Deciding to buy a Franchise is a huge decision. Once you have convinced yourself that franchising suits your character and business aspirations, have identified the right franchise, done your sums, attended the initial training and perhaps paid an initial deposit you will be presented with a Franchise Agreement to sign.

Typically this agreement could run to 40 or 50 pages and can be a daunting read to those unfamiliar with commercial contracts. The very nature of a franchise business structure means that the agreement will be fairly complex. Remember that this document provides the framework for your business life over the next seven years or so.

Franchisors, particularly established ones, will rarely change or negotiate the terms of their standard Franchise Agreement as they will want to maintain uniformity across all the franchises. However, it is essential that you understand what you are being asked to sign. Once you have signed an agreement as a business person (without the cotton wool treatment given to consumers) you will struggle to persuade a court later that the terms were unfair or sufficiently unreasonable to be void. You will be stuck with it! I strongly recommend that you seek legal advice from a commercial solicitor familiar with franchising.

Key areas include establishing the true cost of the franchise including ongoing royalties, advertising costs, minimum stock purchases. What location and territorial rights have been granted? Are these exclusive to you? What property and equipment is required? What obligations are there on you and the Franchisor relating to the ongoing operation of the franchise?

Often the most complex area relates to renewal and termination of the franchise. Are you granted an automatic renewal right beyond the franchise term of 5 or 7 years? What renewal fee is payable? Can you sell the franchise on? Usually you will need to give the franchisor first option and/or a right of veto over the acceptability of any proposed transferee, often coupled with a % fee. What are the consequences of an early termination by you if you want or need to get out prematurely? There will usually be a minimum period with forfeiture of the franchise fee, stock and possibly other financial penalties and compensation. What if you are in breach? What circumstances would lead to an automatic termination? Are you given a period in which to remedy your breach?

Ask yourself some "What if?" scenarios. What if you died or were seriously ill? What if you failed to meet your sales targets? What if you wanted to sell product out of your territory? What if a customer sued you for faulty products? If you cannot answer all your What ifs, do seek more advice. Don't be afraid to ask the Franchisor these questions. But don't expect an impartial response. The Franchise Agreement will usually have an express term preventing any reliance upon representations or claims made by the Franchisor in the initial presentations or documentation. Much to the disappointment of many clients who come to us for advice having run an unsuccessful franchise, this applies particularly to any claims as to how much money can be earnt… Buyer beware!

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

2006-12-29T05:01:00.001-08:00

We’ve 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.

Brain Injury Attorneys

2006-12-28T02:35:00.001-08:00

Brain injury attorneys help victims who have suffered brain injuries due to an accident. These attorneys are always prepared to pursue a brain injury claim on your behalf. One of the main tasks of a brain injury attorney is to prove whether the brain injury his or client has suffered is severe or mild. It is not easy to differentiate between the two. A good brain injury attorney knows enough scientific jargon to prove his or her point in the court.

If you or your loved one has suffered a brain injury it is better to go to a qualified brain injury attorney rather than a general attorney.

There are several law firms which specialize in handling such cases. Some law firms deal with such cases under the personal injury category. Over a period of time some attorneys taking personal injury cases tend to develop a specialization in brain injury cases.

The brain injury attorneys are generally supported by good research teams well-versed in medical and legal matters. Also, these attorneys keep in touch with medical experts who are consulted about the medical aspects of the case.

As a brain injury can cause severe physical as well as psychological discomfort to the victim, a brain injury attorney must have lot of patience and sensitivity. If you want to file a claim in a court seeking compensation for a brain injury, the sooner you get in touch with an attorney, the better. Sometimes a delay in filing a case can have serious consequences on the final verdict, even if you have hired one of the best brain injury attorneys. But remember that the specialized attorneys who handle such cases come at a cost. The best among them are not affordable for most of the people, but some will work on contingency. Look out for them if you can’t afford to hire an attorney on your own.

Chapter 7 Attorneys

2006-12-28T02:32:00.000-08:00

It is not essential that you engage an attorney for filing under chapter 7, but the fact is that you cannot do without expert help if you have to meet complicated legal situations. This becomes especially true when you have to deal with a horde of creditors from various fields. There are secured and unsecured loans involving mortgages, alimony, child support expenses, taxes, and student loans. Then there is the trustee appointed by the court to examine your property and documents. The job of the trustee is to ensure that you have mentioned all your assets and that you have not undervalued them in any way. Going by actual practice, the trustee tries to recover as much as property as possible from you, as the more he recovers, the more he is paid. Dealing in such situations can prove to be a nerve-wracking experience, and therefore it makes sense to hire an attorney to handle your case.

Again, since quite a number of people have duped the chapter 7 law to avoid paying their loans, a new, more stringent bankruptcy law has recently been passed that makes it all the more imperative for you to hire an attorney.

A qualified attorney can help your understand the complicated nature of options available to you. For example, he will tell you whether you should file for bankruptcy under chapter 7 or chapter 13. A bankruptcy lawyer’s fee varies from $800 to $1,200 or even more, in view of the new stringent bankruptcy law. A good lawyer can save you many times your expenses that you might have to incur without his expert advice and help.

A bankruptcy attorney can assist you to assess your legal and financial situation. He can take stock of your assets and liabilities and deal with the trustee appointed by the court. If you are a businessman filing for chapter 7, a specialist attorney can make you understand the game of numbers that may help you get exemptions.