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Selecting an Advantageous Trust and Estate Lawyer

2007-06-25T09:59:00.000+03:00

Trust and Estates is a rapidly growing area of practice in the law that includes estate planning, managing your estate during life and disposing of your estate at your death through the use of trusts, wills and other planning documents.
Learn about Distinctive Legal Practice Areas.
You can easily become familiar with the different practice areas to determine the type of lawyer who will work best on your legal matter. For the purpose of asset protection and estate planning you will need a lawyer well versed in Trusts and Estates.
You will want to hire an attorney who regularly handles matters in the areas of concern in your particular situation, and who will know enough about other fields to question whether the action being taken might be affected by the laws in other areas of law. For example, if you?re going to rewrite your will and your spouse is ill, the estate planner needs to know enough about Medicaid to advise you about whether it?s an issue with regard to your spouse?s inheritance.
Unfortunately, there are some attorneys who hold themselves out as experts in trusts and estates, but who have little or no experience in this area of practice. They recognize that the aging America represents a business opportunity for them and they hope to ?cash in?. So you will want to be particularly careful in narrowing down your selection of a trust and estate planning attorney.
Finding a Lawyer May Be Easier Than You Think.
Creditable and trustworthy resources are already available to you on the Internet. For instance, www.lawyers.com offers a complete database of lawyers sorted geographically and by expertise.
Finding a Lawyer May Seem Like a Monumental Task.
You?re already anxious because you have a legal problem. A creditor may have sued you or you may have been injured in an auto accident. Perhaps you want to start a business, adopt a child or finally tackle your estate planning needs. In these situations, you need a lawyer to protect your rights, but each situation requires very different skills. Yet many people don?t know how to find a lawyer that is right for them, which only raises their anxiety level.
Not surprisingly, recent studies suggest that the vast majority of consumers (81%) wish there was a resource to help them find competent lawyers. The study also suggests that 62% would like to have access to legal resources on the Internet. This article outlines the basic steps to finding a lawyer and using Internet resources already available to you.
Check Out the Database of Lawyers in Your Community.
You can use www.lawyers.com. Other Internet resources can help as well. Lawyer referral services, operated by your local bar association, can assist in finding a lawyer who is right for you. Visit www.abanet.org/referral/ to find a referral service close to home. If you qualify financially, consider contacting your local legal aid service by clicking on www.abanet.org/legalservices/probono.html. You can also contact a legal professional association or the American College of Trust and Estate to fin d the best attorneys in your area.
Yet some things can not be done on the Internet! In all cases, be sure to interview the lawyer to assure yourself that he or she has the expertise and experience you need, and that you have a comfort level that will allow you to be honest and open with him or her. Usually, you will not be charged (or charged very little) for this initial consultation.
Copyright 2006 Ronald Hudkins

About The Author

Ronald E. Hudkins aggressively coordinates with government agencies, organizations and field experts to compile information designed to help consumers avoid deceptive business practices. He is currently publishing his site that specializes in asset protection and estate planning. The site includes how to find, research credentials, interview and hire an estate planning attorney. The site overviews community based services available for long-term care and provides massive information resources. Estat e documentation (personal and financial) is overviewed and an Estate Planning Checklist is included. The site covers Medicaid planning and eligibility requirements as well as a legal frequently asked questions section and much more. A description of his education and experience can be found at http://www.AssetProtectNow.com.


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Sarbanes Oxley Act Sox And Not The Ones On Your Feet

2007-06-18T10:02:00.000+03:00

Sarbanes Oxley Act falls under 'Corporate and Auditing Accountability, Responsibility, and Transparency Act' or 'CAARTA' act which was passed by the US Senate Banking Committee with the support of President Bush. This act was passed to strengthen corporate governance and improve investor confidence. Sarbanes Oxley Act ensured the accuracy and reliability of disclosures from the corporate world. This came into force to avoid any financial scandals fro m corporate giants.
Sarbanes Oxley Act is more often known as SOX or Sarbox but is actually officially termed as Public Company Accounting Reform and Investor Protection Act of 2002. It is the single most important piece of legislation that affects the corporate governance, financial disclosures and the practice of public accounting. Sarbanes Oxley Act prevents the large corporate giants to commit and financial frauds. This act also punished such corporate that showcase irregularities in their financial accountings. After the Sarbanes Oxley Act came into affect is strengthened investor confidence as this law bring the defaulters to justice and protects the interest of workers and shareholders.
According the Sarbanes Oxley Act the large companies need to meet the financial reporting and certification mandates for any year end financial statements. This act is organized into 11 titles but in actual case only subset of these titles relate to the compliance to the complete law.
Sarbanes Oxley Act established new standards for corporate boards and audit committees. This law implements criminal penalties on large corporate companies for defaulting and sets new accountability standards. Sarbanes Oxley Act gives more freedom the external auditors to set new standards of governance. This act also issues accounting standards and oversees public accounting firms.
With the increase of regulatory norms, more and more companies are coming under the scrutiny of Federal government. Those companies that specially obtain lists and store personal information come under special scrutiny of Sarbanes Oxley Act. Lately, there had been review stating that Sarbanes Oxley Act has been too stringent on the companies. The most talked about section of the Sarbanes Oxley Act is the Section 404 which seeks to enhance reliability of internals controls over financial reporting. These tightened internal control implemented as a result of Sarbanes Oxley Act has lead strains on companies as well as the accounting firms.
A proper regulatory framework with more stringent rules and a company with proper internal regulatory body delivers the most accurate and transparent financial reporting. This law is administered by Securities and Exchange Commission. This body sets rules and deadlines for the compliance and published rules on the requirements.
The three rules of Sarbanes Oxley Act regulate the management of electronic records. The first rule refers to the falsification, destruction and alteration of records. The second rule states the retention of records by any company so as to how long the records should be stored. The third rule refers to the type of business records that need to be stored.
A total comprehensive study of the Sarbanes Oxley Act and its implementation by the corporate bodies deliver the most transparent and factual financial records for the company.

About The Author

Earl Powers, US Lawyer and Sarbanes Oxley Compliance expert at Aquest Group LLC ( http://www.404-sarbanes-oxley.info ) publishes other articles related to Sarbanes Oxley Compliance at http://www.sarbanes-oaxley.info and http://www.sarbanes-oxley-training.info.


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Promote Your Law Practice Online

2007-06-11T10:03:00.000+03:00

Offering legal services via the Internet offers Lawyers endless possibilities. While we focus our attention on New Jersey based lawyers, the same is true no matter where your practice is located.
The interesting fact however is that out of the 20,000 plus practicing attorneys in New Jersey only just over 600 of them have a web presence. Could it be that this many (otherwise intelligent) attorneys are missing the boat?
Even if you are an attorney within a larger firm there are still plenty of opportunities to take advantage of web-based marketing for the legal profession. Offering your services on the Internet is not about how well developed your programming or web-design skills are.
It's about how you present and provide your services to your clients.
It's about your message.
It's about how you "Educate" your prospective client.
The potential is endless. You can provide your services to clients nationally, state wide or exclusively to residents of a particular county by "targeting" your client base. It doesn't matter which practice area you specialize in, you will experience tremendous benefits with a web presence.
Every lawyer has a unique view on his or her area of practice. And, odds are you are already promoting that view to your clients and deriving your income based on those principles. But have you ever thought about "educating" your clients about your views and generating even more clients by utilizing the powerful reach of the Internet?
In fact, promoting your law practice online, using Education-Based-Marketing is, arguably the most overlooked yet fertile opportunity on the Internet. Even though it requires minimal effort and costs very little to create a legal marketing website, most lawyers fail to do so.And what about the few lawyers who do attempt to take advantage of this medium?
Well, the effort leaves much to be desired. Either they put up a "me too" website that is little more than a billboard in the desert (that no one ever sees) OR they hire a so called "webmaster" who's legal marketing skills are non existent. The sad fact is, neither of these approaches is either effective or efficient.
In order to attract clients to your practice, (without word of mouth referrals) you must successfully educate and convince that client that you are:
1) Known to be the best lawyer in your particular area of practice.
2) Known to over deliver on your service.
3) Known to be competitively priced. (no matter how high your fees)
4) Known to provide the exact legal solution that he or she is seeking.
Bottom line? You gotta get KNOWN!
In order to succeed at attracting and retaining clients online, you need to establish a relationship with them. Designing a content-rich, "education based" website and newsletter that builds trust and is credible, is the only way to develop and solidify your relationship. Only after you establish a relationship will your prospective clients begin to respond.
Most lawyers assume that because the Web is a global medium, it's not a relevant advertising option for a locally based law practice. Nothing could be further from the truth. After all, if your practice is based here in New Jersey, it's unlikely anyone outside of a one-hour driving radius is going to hire you for legal services. Right? Wrong!
That's "stinkin thinkin" Why?... Because a web presence gives your law practice a distinct advantage over your local legal competitors. Particularly when you are trying to grow your current client base. The fact is today more and more prospective clients are relying on the Internet as their primary source of information about purchasing products and services, including your "legal services".
So now your Web presence allows your potential client to get to know you and your service better than a "also ran" Yellow Page ad ever could. You have the opportunity to give your client a confident and secure feeling about making the decision of which lawyer to hire.
Your Education Based legal website has given S/he a more open-to-hire frame of mind. Since we already know that MOST of your competitors (only 600 out of 20,000 in NJ) don't offer this option, you have a serious edge on getting that follow-up contact about your legal services. After all, who do you think prospective clients are going to retain -- a friend or a stranger?
Add to that, the benefit of links and referrals, pointing to your site, from some highly trafficked legal websites like this one and you have the formula for a successful legal website.
But there are a million options when it comes to creating the right website. Where do you turn? Let's cut through all the noise and hype surrounding legal website design and marketing of legal services on the web.
Do It Yourself. That's right. DIY No body knows more about you and your legal services than you do. You are the expert on you. Think you can't do this by yourself? Think again. Here is the solution to creating the perfect legal website designed to attract your "perfect clients". Clients that you have systematically educated, informed and built a solid trusting relationship with even before you ever talked to them.
This is for those lawyers with a vision. It's The Most Overlooked Opportunity on the Net. Start building an ever-growing client base until you can say "I'm sorry I'm not taking new clients at this time"
An SBI (built by you) Education-Based-Legal Marketing Site is perfect because every law practice revolves around a theme.

About The Author

Tony Merlino is webmaster and legal marketing consultant at http://www.JerseyJustice.com, a legal information and marketing portal for clients and their lawyers in New Jersey. For more information on creating the perfect legal website visit http://service-selling.sitesell.com/tmerlino.html.


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Flickr

2007-06-06T14:34:00.001+03:00

This is a test post from , a fancy photo sharing thing.

Prenuptial Agreements Who Needs THem

2007-06-04T10:43:00.000+03:00

Asking serious questions about how you see finances in the marriage partnership may save you pain and money later - and might even save your marriage.
A premarital agreement may also be called an antenuptial agreement. The terms are synonymous. Prenuptial or antenuptial agreements refer to a contract between two persons planning to marry which governs the rights and liabilities of the parties if they should happen to get divorced or in the event one spouse dies. In short, a prenuptial agreement determines the rights of parties to property, responsibility for debt and may even determine whether spousal maintenance (alimony) is paid. Prenuptial Ag reements, however, cannot affect rights to custody or child support since such determinations must be made based on a best interests of the child standard and subject to court review.
Prenuptial Agreements are valid in all 50 states and the District of Columbia. It doesn't matter whether the state is a community property state or an equitable distribution state.
Why Prenuptial Agreements are Prudent
A premarital agreement acts as a safeguard for both you and your spouse-to-be. It protects your assets and may prevent expensive and acrimonious litigation if a divorce should occur by defining the rights and responsibilities of the parties in advance. With today's divorce rate hovering around 50%, a prenuptial agreement may be one of the most prudent decisions in your life. This is particularly true for business owners who may wish to preserve what they have worked so hard to build.
In order to ensure that your prenuptial agreement is binding there are certain key ingredients you should include in your prenuptial agreement.
List all assets, liabilities, income, and expectations of gifts and inheritances. A full disclosure is a critical element of a prenuptial agreement to ensure that it is binding.
Describe how premarital debts will be paid. This will help to identify which debts will be satisfied by marital resources or premarital resources.
Resolve what happens to your premarital property in reference to changes in value including appreciation, gains, income, rentals, dividends and the proceeds of such property in the event of death or divorce.
The marital residence is often an issue that can become contested in teh event of divorce. Decide who, or if both of you, will own the marital residence and secondary homes in the event of death or divorce. How will any proceeds from those homes and real estate assets be divided in the event of a divorce.
Clarify what will happen to each type of property, whether jointly or individually owned, such as real estate, art work, collectibles and jewelry.
Alimony, maintenance, or spousal support, is another particularly contentious issue. Prenuptial agreements allow parties to allow for a waiver or property settlements instead of support. Some states are reluctant to limit recovery in this regard and, as a result, it is very important to understand your State laws.
Decide what will happen in the event of a divorce with regard to medical, disability, life or long-term-care insurance coverage
Prenuptial agreements have certain requirements. Generally, they are as follows:
there is a full and fair disclosure of the earnings and property of each party, and
the parties have had an opportunity to consult with legal counsel of their own choice.
As a general rule, the agreement must also be:
1. in writing;
2.executed in the presence of two witnesses; and
3. acknowledged by the parties before a person authorized to administer an oath (notarized).
In most cases prenuptial agreements are upheld. It is only in cases where there was not full disclosure or the agreement becomes substantively unfair at the time of the divorce that Court's strike down the validity of such agreements. An agreement may deemed substantively unfair if the circumstances on which the agreement was based have changed so drastically that enforcement would not comport with the reasonable expectations of the parties at inception.
Prenuptial Agreements & Spousal Maintenance
Courts most sometimes find antenuptial agreements substantively unfair with regard to provisions seeking to limit or eliminate spousalmaintenance (alimony) payments. Some Courts have ruled that there is sound public policy rationale for not strictly enforcing such provisions which, even though entered into in good faith and reasonable at the time of execution, may have become unreasonable or unconscionable as to its application to the spouse upon divorce. The Courts are essentially attempting to preve nt ex spouses from becoming wards of the state. If one spouse's health and employability have greatly deteriorated during a marriage, Courts may be reluctant to enforce the maintenance provisions of an antenuptial agreement.
Some cases that have been decided:
Invalidated an antenuptial agreement which sought to preclude spousal maintenance where the lesser earning spouse contracted a venereal disease from he husband resulting in medical expenses;
Invalidating an antenuptial agreement which sought to preclude spousal maintenance where the marriage was long term (more than 20 years) and the wife had been out of the work force for some time and suffered from an emotional disability. The trial court concluded that unforeseen circumstances invalidated the antenuptial agreement by rendering it unconscionable.
To avoid problems with your prenuptial agreement, it is important to contact an experienced lawyer in your State. Remember, as Benjamin Franklin stated, "an ounce of prevention is worth a pound of cure." Visit us at www.divorceinstitute.com.

About The Author

Maury D. Beaulier is a recognized leader in family law and divorce issues including complex and high profile cases in Minnesota and Wisconsin. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or through his website located at www.divorceinstitute.com.


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Post Divorce A New Beginning

2007-05-28T13:43:00.000+03:00

The divorce is finally over.
No more fighting over who gets to keep the home and other real estate. Those leather couches, and the expensive art hanging on the walls of your summer home. A drop in the bucket compared to the company that both of you slaved over to build or the family pet that made your kids so happy. But even now, all that looks small compared to the most important issue of all: child custody. But hey—all of this is over. Resolved. Now you can breathe a sigh of relief. You’ve probably been wondering about your future – without your x. Yes, being single again definitely has its benefits. Maybe you’re going out more, enjoying life, and watching your diet. It’s those little things you haven’t enjoyed in a long time that suddenly make life worth living–again.
Most people who choose divorce and feel this kind of relief, are –in the end--happy with the decision they made. What you both needed was peace. And now you have it. And happy to have a new chance to find that RIGHT special someone to build a life together. But that’s not where the story ends. You might wake up one day, and feel like changing your life completely. Maybe you decide that your financial security and personal happiness are somewhere, anywhere other than where you are right her e and now. Somewhere outside of New York you may be thinking. Maybe a better job is waiting in another state. Maybe you have health reasons or better yet, a new relationship. A voice deep in your heart keeps telling you to move. So maybe you do need a new start: to realize your dreams, to focus on your career, and to build a new home. You have every right to want to leave the old memories behind. But how can you do that when you see the same places you once shared? And with someone who may have broken yo ur heart. So, a new opportunity and a new chance to build a new life in a new state with new friends sounds great. Even Newsweek lists the ten best cities to go live in. You might be thinking that you’ll go to the web looking for info sites detailing how to build a healthy home. Now, maybe you decided your destiny is to live with the stars under the shining lights of Hollywood. And well, hey at least the weather is nicer, the water is clean and the sand is soft. Right? But what about your fantasti c plans to leave the country? If you plan on taking the kids anywhere out of the country or even out of the state, here’s what you need to consider.
Planning is everything.
First, leaving with your kids without permission from your x spouse, is against the law. In fact, it’s a serious felony called “Parental Kidnapping”. Most attorneys know very well that the FBI works in cooperation with local law enforcement agencies to ensure that parental kidnappers are brought to justice. They are arrested. They are prosecuted. And they are sent to prison. Unfortunately, some parents think more with their heart than their minds. The result? A tragedy for everyone. Parents--no matter how good their intentions-- who get arrested for kidnapping their own children, have to hire a criminal defense lawyer. But wait--that’s money that could be better spent improving your life. Not exactly what you had in mind. So how do you take your children legally without hassles and headaches?
What does the law say?
First, if possible, get permission. If asked nicely, maybe your x-spouse would agree to give you sole custody of your child and eliminate the need to proceed to Court. If you obtain sole custody this way, you do not need to read on because you are almost home. However, if that is not possible then your former spouse may agree on a joint custody agreement with a passport waiver clause. Such a clause would allow you to apply for a passport on behalf of your child without the need to consult with your f ormer spouse, and thereby giving you the option of going abroad on vacation, with your child - in peace. However, if your mission is to live with you child permanently out of state, the custody agreement needs to say that-- exactly and clearly. In New York, the law says that barring parental permission, a spouse or a custodial parent may take the children out of the state by Court Order. Usually, when there’s been a difficult relationship between both x- spouses, one spouse will not permit the othe r to take the kids out of state, much less the country. In these situations, the former spouse may try to use your desire to move as an opportunity to get money from you. The usual offer is that they’ll let you leave the state, if you agree to drop all child support proceedings or any existing child support court orders. If that happens to you, the most logical step is to go to Court. Normally, a Family Court Judge decides whether or not the relocation out of state with the child would be allowed .
It’s your choice—use your voice.
Understanding the practical reasons behind the legal challenges that you’ll face, are easier to accept when you fully appreciate the intentions behind them. The way the courts see it, in you taking your child outside of the state of New York, you are effectively denying your x-spouse their visitation rights. They think that this basically deprives your former spouse of a meaningful opportunity to maintain a close relationship with your kids. Now you may say that your x-spouse is welcome to visit anytime, or that you’ll send the child back to New York anytime that your x wants. And in order to do this you may ultimately be prepared to drive the kids cross state lines, both to and from your former spouse’s home (like taking a cross-country road trip every weekend). Maybe the fact that your move would make it much more difficult for your former spouse to exercise their visitation rights does not entirely dampen your desire for geographical relocation. However, you should understand tha t a court must seriously consider the well being of the child first and foremost. Specifically, they consider the following seven issues:
1. Whether the move would be in the child's best interest.
2. Whether it is feasible for your former spouse to make a similar move to the same state.
3. Whether your move involves an economic hardship or necessity. (e.g. a job offer).
4. Whether your move involves a new marriage to someone who lives in the state where you’re moving.
5. Whether you’re moving for health and medical reasons.
6. Whether your move will negatively impact the relationship between the child and your x.
7. Whether your former spouse has a good faith reason for opposing the move.
There’s one part of this that really isn’t understood by most parents, is the “Best Interest Test”. This test is the way the Courts try to understand the effect that the move may have on any of your family relationships. In determining what the child needs most, the courts generally look at many things. For example, whether your move will hurt your child's ties to your former spouse and the community. These reasons are generally looked at by the court only when those ties are v ery strong. So if your child has a hard time getting along with your former spouse (and the blame is not attributed to you) then those possibilities are not weighed as heavily.
Sample Case.
If your parents and your former spouse’s parents are also in New York and you’re planning on moving to New Jersey, then it’s also likely that your children will not see their grandparents as much as they would have in the past. The quality of the parental relationship usually suffers as a result of moving. The same is true of your child’s relationship with their grandparents. If your child has a hard time getting along with their grandparents (and the court decides is not your f ault) then you have a better case for getting court approval for the move. However, most judges usually have enough experience to know when the former spouses are trying to hurt each other by proposing or opposing a residential move. Generally, although a court may deny you of the right to move with the kids, most “good faith requests” are seldom denied.
In the end, it all works out.
Ultimately, it’s the courts who determine, with the help of your lawyer, (and based on all of the proof you have) whether you have proven that the welfare of your child will not be hurt by a move.

About The Author

Odalis M. Encarnacion, is a New York City Family Lawyer in private practice. For more information you may call him @ (718) 651-5283 or visit him on the web: http://www.encarnacionlaw.com.
info@encarnacionlaw.com


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Permanent Residency The Green Card

2007-05-21T10:58:00.000+03:00

Permanent Residency. Permanent residency is often referred to as having a Green Card. There are two primary categories of immigration: Immigrant status and Non-immigrant status. Immigrant status allows permanent residency in the United States. Non-immigrant status provides an authorization to aliens for temporary residency that expires upon the occurrence of a specific event.
A Permanent Resident is commonly referred to as a "Green Card" holder. Permanent residents have many rights which include the following:
The right to live in the United States permanently;
The right to reenter the United States after traveling out of the country abroad;
The right to apply for U.S. Citizenship after continuously living as a Permanent Resident in the United States for five (5) years
The right to employment in any work that is legal;
There are four main categories for green card permanent residency and even more subcategories under each main category. The main green card categories include Family Sponsored Immigration, Employment Immigration, DV Lottery, and Asylum and Refugee status.
Family Sponsored Immigration Green Card. Foreign family members of U.S. citizens and permanent residents may qualify for an immigrant visa. However, the United States sets strict limitations on the number of immigrant visas allowed each year. The closer the relative is the higher that person falls on the priority scale for obtaining an immigrant visa. Immediate family members of U.S. citizens are given the highest priority. Foreign parents, children under the age of 18, and spouses fall outside of the q uota system and usually qualify quickly for an immigrant visa. Extended family members of United States citizens and family members of permanent residents may also qualify. However, the waiting period may be much longer. In some cases, the wait for a visa may exceed 10 years. The priority list for family sponsored immigration is as follows: (1) F-1 - Unmarried Sons or Daughters of U.S. Citizens over the age of 21; (2) F2-A -Spouses and unmarried Children of Permanent Residents under the age of 21; (3) F2-B -Unmarried Sons or Daughters of Permanent Residents over the age of 21; (4) F-3 -Married Sons or Daughters of U.S. Citizens over the age of 21; (5) F-4 - Brothers and Sisters of U.S. Citizens.
The relationship is only one criteria in determining preference. A second criteria includes the country of the relative?s origin. Economically poor countries such as China and India tend to have the longest waiting periods.
Employment Immigration Green Card. Aliens seeking permanent residency in the United States for employment purposes must fit into one of five categories. The first category is "Priority Workers" which includes Intra-Company Transferees of Managers and Executives, Outstanding Professors and Researchers and Aliens of Extraordinary Ability in the Sciences, Arts, Education, Business and Athletics. The second employment category is "Aliens of Exceptional Ability in the Sciences, Arts or Business" which includ es Professionals with advanced degrees. The third category includes "Professionals with Bachelors Degrees not qualifying in the 2nd Preference, skilled workers, and unskilled workers in special needs professions. The fourth category is very narrow encompassing "Religious Workers" who are here to carrying out their religious mission. Finally, the last category is based on economic development and includes individuals who invest one million dollars ($1,000,000.00)in a new "commercial enterprise" or in a "tro ubled business" or those who invest Five Hundred Thousand Dollars ($500,000.00) in a "new commercial enterprise" or "troubled business" in a "targeted employment area."
DV Lottery Green Card. 55,000 immigrant visas each year are available to those winning a Visa Lottery. The number of lottery visas are apportioned to countries that have fewer visa applicants. To apply, an immigrant must fill out a number of forms detailing their background with the INS. Each year lottery contestants are drawn and notified if they have won. A winning alien may make application for an immigrant visa.
Refugee/Asylum Status. Refugee and Asylum status allows foreigners fearing persecution to seek refugee status in this country. Foreigners outside of the United States may seek refugee status. Foreigners already in the United States may seek asylum to prevent deportation. After approval of Refugee or asylum status, the alien is allowed to enter or remain in the United States and may seek an adjustment of their status to one of permanent residency after one year.
For legal assistance Call (952) 746-2153.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at www.workvisalawyers.com.


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Patent Writing India

2007-05-18T10:00:00.000+03:00

The Patents (Amendment) Act, 2002
The Patents (Amendment) Act, 2002 was passed by Parliament in May, 2002 and notified in June, 2003. The Act has been made effective from May, 2003 and has brought about lot of changes.
Salient Features:
The salient features of the Patents (Amendment) Act 2002 are as follows:
A. Modification of term invention:
The Sec. 2 (1)(j) of Patent (Amendment) Act 2002, defines the term ?invention? as "a new product or process involving an inventive step and capable of industrial application" Where ?Inventive step? means a feature that makes the invention not obvious to person skilled in the art.
Earlier ?invention? means any new and useful -
(i) Art, process, method or manner of manufacture;
(ii) Machine, apparatus or other article;
(iii) Substance produced by manufacture;
and includes any new and useful improvement of any of them, and an alleged invention.
B. Examination of application (Sec. 11(b)):
India has opted for a deferred examination system. This means the Controller will not initiate examination of the application. Examination of an application will now be taken up only upon request by applicant or in the Form 19 with fees of Rs.1000 for individual applicant or Rs. 3000 for legal entity other than an individual, at the appropriate office of the Patent office (Rule 24).
The request is to be made within forty-eight months from the application filing date. Where an application was filed prior to May 20, 2003 (i.e. before the commencement of the Patent (Amendment) Act 2002), a request for examination is required to be made within a period of twelve months from May 20, 2003 or forty-eight months from the filing date, whichever is later. Upon failure to request examination, the application shall be treated as withdrawn by the applicant. The applicant or agents can also with draw the application at any time (before the grant of the patent) after filing the application.
C. Publication/Notification of the Application (Sec. 11 (a)):
After the expiry of 18 months from the date of filing or the date of priority whichever is earlier, the Controller will notify the contents of the applications falling within the provision in the Gazette of India Part-III Sec.2 (Rule 25).
D. Term of Patent (Sec.53):
The term of patent has been enlarged to twenty years for existing patents and patents granted on pending applications. This term is calculated from the date of filing of the application.
Earlier the term of patent for method or process of manufacture of substance (e.g. food, medicines, drugs etc.) was five years from the date of the sealing of the patent, or seven years from the date of patent whichever period is shorter and in respect of any other invention, fourteen years from the date of the patent.
E. Burden of proof (Sec. 104 A):
The burden of proof in a proceeding for process patent infringement has been reversed and imposed on Defendant.
F. Fees (First Schedule):
The fees for filing a new application for patents has been reduced from Rs. 1500 to Rs. 750 in the case of an individual applicant and from Rs. 5000 to Rs. 3000 in the case of legal entity.
G. Prohibition to apply abroad (Sec. 39):
No person shall file an application or patent for an invention without applying in India or without the written permission of the Central Govt. If the applicant is not interested to secure a patent in India or the invention is not patentable according to the Indian law, he has to mandatorilly file an application for the said invention and has to wait for the expiry of six weeks after filing the application and then only file the corresponding application abroad for the same invention.
H. Date of Patent (Sec. 45):
The date of every patent will be the date of filing the application for patent. According to The Patent Act 1970, the date of patent was the date of filing of complete specification. The date of patent is very important to determine the term of parent.
I. Rights of patentee (sec.48):
The rights can be consider as negative because the rights of patentee, in the case of product patent, prevent third parties without the consent of the patentee, from making , using, offering for sale, selling or importing into India and the rights in the case of process patent, prevent third parties without the consent of the patentee, from the act of using that process and offering for sale or selling in India or importing for those purposes the product obtain directly by that process, provided that th e product obtained is not patentable under the Act.
J. The Powers of the Branch Office (Rule 4):
The branch offices of the Patent office have been vested with more powers. Under Sec. 68 the actions such as making a request of sealing of patents, registration of assignment (under Sec. 68) etc has to be made in the appropriate Branch offices of the Patent office and not at the Head Office as the case earlier.
K. Appellate Board (Sec. 2 (1a)):
Appeal Board appointed under the Trade and Merchandise Marks Act 1999 shall be the Appeal Board for purposes of Patents Act. This Appellate Board hears and decides appeals from the decision of the controller. The Head Quarter of the Appeal Board is to be in Chennai.
It is clear that the definition of term invention in Patent Act, 2002 has enlarged the scope of protection. The controller has also been vested with the power to consider the question of obviousness of the invention disclosed while conducting the examination of application for considering the grant of a patent for the invention. In this context it should be noted that in the Patent Act, 1970 the Controller has no direct power to consider the question of obviousness. The power is only for the opponents w hile opposing the draft of patents under Sec. 25 of the Patent Act, 1970. The effect of this amendment is that it may not be possible to get a patent for trivial modifications.
L. Time for placing the application in order for acceptance (Sec. 21):
The time frame for putting an application in order for acceptance subsequent to its first examination has been shortened to 12 months (non-extendible) from the date of First Examination Report (FER). The first reply to the first examination report is required to be made within 4 months of the date of its issuance.
M. Unity of Invention (Sec. 10(5)):
The concept of 'unity of invention' has been broadened to include a group of inventions linked so as to form a single inventive concept. The claims in a specification should relate to a single invention or a group of invention linked so as to form a single inventive concept. Now, by this amendment it may be possible to claim more than one process in a single application if these processes fall under one group and are closely linked.
N. Electronic Communication (Rule 6):
The documents can also be filed by electronic transmission duly authenticated. In that event the document should be clear, properly addressed and mailed and its original has to be submitted within fifteen days from the date of receipt of communication. The drawings can also be filed electronically.
O. Statement and Undertaking (Rule 12(4)):
For filing the Statement and Undertaking on Form 3 a provision has been provided to seek extension beyond three months.
P. Declaration of inventor-ship (Rule13 (6)):
The declaration of inventor ship on Form 5 should be filed along with the complete specification. An extension of one month beyond this period can be secured by filing a request on Form 4 with the fees Rs. 250/- pm if the applicant is an individual or Rs. 1000/- pm if the applicant is a legal entity.
Q. Abstract (Rule 13 (a) to (d)):
While filing the application accompanied with a complete specification, an abstract of the invention maximum 150 words have to be filed.
R. Application (Rule 20 (1)):
An application for patent corresponding to International application (PCT application) has to be filed on Form 1 A.
S. Licenses of right (Sec. 86 to 88):
The Provisions relating to "licenses of right" deleted.
T. Restoration of lapsed patent (Sec. 60):
The time for filing the request for restoration of the lapsed patent has been extended from one year to eighteen months.
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Patent Seven Ways To Keep You From The Wolves

2007-05-17T10:11:00.000+03:00

You have an invention or an idea for an invention. The first people you may hear about - or even may contact you - are from an invention development company. They advertise on radio and TV, and in magazines that cater to the inventive mind - and even some newspapers.
Invention development companies are private and public research companies that purport to help inventors develop, patent, and promote their ideas so they can be commercially licensed or sold. While many of these organizations are legitimate, some are not.
I state my stand on the use of such companies on my website - www.gadgets-gizmos-inventions,com. But, you may want to go that way anyway to develop your patent or invention. If that?s the case, here are seven helpful tips for you to make smart patent and invention development decisions:
?1. Learn About the Patent Process.
?When you understand the basics of how to get a patent, you will know when invention marketers are making promises they, or the patent system, can't deliver. Knowing the steps to do a patent search, and what is required, as well as knowing what happens in the patenting process can only help you in making the right decision. You will have a better idea about whether the company you are talking to knows what they are doing for you - and not just their pocketbook.??2. Do Your Homework.
?Check the organization's references, ask for credentials, and then check them. Ask them for statistics on how many successes they have had compared to how many total clients. They are required by law to offer you this type of information. In fact, the American Inventors Protection Act of 1999 gives you the following rights when dealing with invention promoters.
Before an invention promoter can enter into a contract with you, it must disclose the following information about its business practices during the past five years:
? how many inventions it has evaluated,
? how many of those inventions got positive or negative evaluations,
? its total number of customers,
? how many of those customers received a net profit from the promoter's services, and
? how many of those customers have licensed their inventions due to the promoter's services.
This information can help you determine whether the promoter has been selective in deciding which inventions it promotes, and how successful the promoter has been. Ask for names of ?successful? clients, and talk to them.
Invention promoters also must give you the names and addresses of all invention promotion companies they have been affiliated with over the past 10 years.
This information can help to determine whether the company you're considering doing business with has been subject to complaints or legal action.
You can call the U.S. Patent and Trademark Office (USPTO) at 1-866-767-3848, and the Better Business Bureau, the consumer protection agency, and the Attorney General in your state or city, and in the state or city where the company is headquartered to check them out.??3. Be Realistic.
?Not every invention is patentable. Know that very few ideas - even the good ones - become commercially successful. Be wary of any developer willing to promote virtually any invention. If you are presented with the phrase - "We think your idea has great market potential" - beware, and take it for what it is - in a lot of cases, just a sales pitch. ??4. Know Where Your Money Is Going.
?Ask the organization how your money will be spent. Be on guard against large up-front fees and find out exactly how the money is spent. If the company gives you something like - "Our company has evaluated your idea, and now wants to prepare a more in-depth research report. It'll be several hundred dollars" - ask them if the idea is good enough for more research why don?t they foot the bill. ??5. Protect Your Rights.
DO NOT disclose your invention to a developer over the phone (or at any time) before first having them sign a confidentiality agreement. You could forfeit valuable patent rights. A sample confidentiality agreement is available on my website. ??6. Track Your Invention's Progress.
?If you decide to use an invention development organization, deal directly with the agent or patent attorney who will be handling your patent application. A lot of these type of firms outsource the work which is not good for you.
Many invention promotion firms also may claim to perform patent searches on your idea. Fraudulent invention promotion firms usually do patent searches that are are incomplete, conducted in the wrong category, or unaccompanied by a legal opinion on the results of the search from a registered patent attorney.
Because unscrupulous firms promote virtually any idea or invention without regard to its patentability - they may go ahead and market an idea for which someone already has a valid, unexpired patent. In that case, you may be the one subjected to a patent infringement lawsuit - even if the promotional efforts on your invention are successful. Most probably, the way the infringement suit is attracted is through a successful product.??7. Don't Get Discouraged! ??The patent process can be very complicated, s o you will probably need professional help. There are many good patent agents and attorneys that can help you. The U.S. Patent and Trademark Office maintains a nationwide register of attorneys and agents who meet the legal, scientific and technical requirements of the office.
The first step should be a patent search done by a reputable searcher. Your patent attorney can help with this, and should review the search for a package price, depending on the complexity of the invention.
Hang in there. It is a long and complicated process. But if your idea passes the initial search test and evaluation, there is a good chance you can receive a patent - in two or so years.
For information on registered patent attorney and agents, you may visit the USPTO's Office of Enrollment and Discipline Web site at http://www.uspto.gov/go/oed.
© 2006 Gary Cogley

About The Author

Gary J. Cogley, JD, after being a musician, a TV Producer/Director/Writer, and an entertainment and IP attorney, now writes about all kinds of gadgets, gizmos and inventions. He also gives tips and info on patents, and scams to watch out for. Get info at: http://www.gadgets-gizmos-inventions.com


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Patent Filing India

2007-05-15T10:16:00.000+03:00

Patent Act 1970
What is Patentable?
Any Invention which is not obvious and is novel and not previously published in any country.
Any new and useful:
art, process, or method of manufacture;
Machine apparatus or other article;
Substance produced by manufacture.
What is Not Patentable?
1. Inventions contrary to law, morality and public health;
2. Which is Frivolous or claims which is obviously contrary to well established natural laws;
3. Mere new use or mere discovery of new property or new use of known substance or property;
4. Mere admixture resulting only in aggregation of properties;
5. Mere arrangement and rearrangement of known integers functioning independently;
6. Method for agriculture/horticulture;
7. Process for treatment on human beings, plants or animals.
8. A presentation of information;
9. A mathematical or business method or a computer program per se or algorithms.
Filing Requirements for Patent Application
1. Specification (Provisional or complete), Claims and Drawings; Name, address and nationality of the applicant;
2. Name, address and nationality of the inventor(s);
3. Details of the basic application in case any priority is claimed;
4. Authority/Power of Attorney.
Various Stages up to Grant
1. Examination - Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application.;
2. Grant of Patent in case there is no opposition.
Opposition to Grant
Opposition may be filed by any interested person within 4 months of notification of acceptance in the Gazette
Term of Patent
Patent is granted for the period of 20 years from the date of application.
Revocation of a Patent
Validity of a patent granted under the Act, may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot be filed before the Controller of Patents.
Rectification of Register of Patent
1. An application for the rectification of patent can be filed by any person aggrieved, before the Appellate Board on any one or more of the following grounds:
2. On account of absence or omission from the register of any entry; or
3. On account of any entry made in the register without sufficient cause; or
4. On account of any entry wrongly remaining on the register; or
5. On account of any error or defect in any entry in the register.
Infringement Action
Unauthorized making, using, selling or distributing of a patented product/process amounts to an infringement. Action against infringement may be instituted in a District Court or High Court having jurisdiction. Criminal action does not lie unlike in Trade marks and Copyright. In case of any infringement of pending patent, no action can be taken unless the complete specification has been advertised as accepted.
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Overdue Library Books Can Hurt Your Credit Score

2007-05-14T10:06:00.000+03:00

As municipal governments increase efforts to collect unpaid parking tickets, dog-catcher fines, library fines and the like, some consumers are seeing a surprising impact?a radical drop in their credit scores.
To each individual consumer, the fines in question may be very small and collection actions may seem petty and unnecessary. For many cities, however, these unpaid fines and fees add up to millions of dollars a year. Those dollars can be collected with little investment by the cities if they?re turned over to private collection agencies.
Private agencies typically charge a percentage of the balance actually collected, so there?s no risk to the government. The risk to consumers who don?t make those payments in a timely manner, however, is significant. That?s because collection agencies report delinquencies to the three major credit reporting agencies. A single collection item can drop your credit score as much as 100 points. Many consumers don?t know that charges like this can affect their credit.
While not all municipalities use private collection firms, the trend is increasing across the country. As government collection activity rises, so does the number of consumers surprised to discover that they?re paying higher interest rates?or being turned down altogether?because the kids lost a library book or they neglected to renew Rover?s license.
If such charges are already appearing on your credit report, you may be able to negotiate their removal in exchange for payment. Getting items removed from your credit report can be a long and stressful process, though, and there?s no guarantee that you?ll be successful. The best defense is to be aware of the risks and make sure you pay those parking tickets on time.

About The Author

Tiffany Sanders is an attorney who has published two books. Her articles have appeared in numerous newspapers, magazines, newsletters, and web resources in the United States and Australia. She writes bankruptcy law news and articles for www.TotalBankruptcy.com, where sponsoring attorneys provide extensive consumer information and resources related to bankruptcy filing and rebuilding credit after bankruptcy.
(C) 2006, Total Bankruptcy, Inc. This article may be reproduced in its entirety without limitation and without notice, except that any reproduction must include the entire article, which may not be modified in any way, and must include the author bio information contained herein, including the URL and, if published online, a live link to the URL included therein.


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No Win No Fee Solicitors

2007-05-11T10:14:00.000+03:00

It is a sad reality that people meet accidents. The physical toll of an accident-related injury can vary from slight inconvenience to, at the very worst, debilitating injuries that could affect not only a person?s ability to earn money but also his quality of life. The stress that results from the accompanying problems that crop up after an accident can also have a major negative effect on the victim. For every kind of accident, the party or parties responsible for the commission of the accident should face up to their liabilities.
But the sad fact is, most people who meet accidents do not usually pursue any legal actions against the guilty party or parties, for the simple reason that legal fees can be very expensive. Already faced with the expenses for medical care and medicines and sometimes even rehabilitation, and the ability to earn a living already compromised, most accident victims just grin and bear it and opt not to file any charges or legal complaints. This is a reality that most accident victims have to contend with.
But accidents victims should always remember that they have the legal right to compensation for the injuries they have suffered from accidents, especially if there is a clear fault of negligence from certain individuals or entities. But far from the compensation that they will get for the injuries and lost revenue that they have suffered there is also a more important reason for filing legal charges for accidents. It is their responsibility as a citizen to have these incidents reported and, if possible, prosecuted so that the accident will not happen to other people. These parties who have caused the accident or have, through their negligence, precipitated certain factors to cause it should be made culpable for their actions.
Fortunately, there is one way for victims to file the necessary legal charges for the injuries that they received from accidents without necessarily worrying about the costs. In some cases you can use a system where you only need to pay the legal fees if you win the case. This is called a conditional-fee agreement, or a ?no win, no fee? agreement.
A ?no win, no fee? agreement can help pay solicitor costs, unless the case involves family dispute or a matter of a criminal nature. Under this agreement, the victim?s solicitor will take on the case but he understands that if the case loses then he will not get paid. It should be made clear though that there are other costs involved that are not covered by the agreement. For example, even with a lost case, the complainant will still pay the opponent?s legal costs and the disbursements of the complainan t and the defendant. But an insurance can be taken to cover the aforementioned payment if ever the case is lost. This can be arranged by the solicitor. If the complainant wins the case, he will pay the solicitor along with his disbursements. A solicitor may also charge a ?success fee? as a means of compensating the solicitor for taking the risk of not being paid if the case is lost.
Truly, with a ?no win, no fee? agreement, the dispensation of justice for the victims of accidents does not have to stop because of limited funds.

About The Author

Mark Lawson is the webmaster for Accident claim http://www.accidentclaim.uk.com a legal information site. This article is free to republish provided this bio box remains with working hyperlinks.


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New York Scaffold Law Protects New York Construction Workers

2007-05-10T09:51:00.000+03:00

There is a great deal of misinformation concerning the New York Scaffold Law. The Insurance and Business Community are wrong when they say that construction workers who are ?lax about wearing safety gear? and fall from a height and are injured can hold their employer liable under New York Labor Law Section 240, the ?scaffold law.? The Court of Appeals ruled definitively in /Cahill v. Triborough Bridge and Tunnel Authority/ that if a worker has been i nformed about and given safety equipment and fails to use it ?for no good reason,? the employer cannot be held liable under the scaffold law for any resulting injuries.
Indeed, under the scaffold law, if a worker is the sole cause for whatever reason of his or her injury, the owner or general contractor cannot be held liable. An owner or general contractor can be held liable for a worker?s injuries only if their failure to provide appropriate safety equipment for work at an elevated height, like harnesses and properly constructed scaffolding, was the cause of the injuries.
The authors are also wrong when they blame rising contractor liability insurance on the scaffold law. In recent years, contractor liability insurance premiums have risen just as fast or even faster in many states ? and in some countries ? that have no scaffold law. In the United Kingdom, contractors report that liability insurance hikes of up 300% and more are putting many of them out of business.
Enforcement of construction safety by the U.S. Occupational Safety and Health Administration has been weak and ineffective. Without the scaffold law, the numbers of construction worker injuries and deaths in New York would surely be greater.

About The Author

Angelo G. Faraci is the founding partner of Faraci Lange, one of Western New York's leading personal injury firms. He can be reached at (585) 325-5150 or info@faraci.com. You can also visit us at www.faraci.com.

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My Fathers Will

2007-05-09T09:42:00.000+03:00

The year was 1981, the state was Florida, and I had just flown back from Germany for my father's funeral. My sister and her family were down from New York, and, a few days after the funeral, we were sitting with my mother in a lawyer's office in downtown Pensacola. My mother had just learned that she didn't have any say over what happened to the money she and my father had saved over the years, and she didn't have any control over what happened to the house they had paid for together. She was at the mercy of the State of Florida because my father had died intestate - without a Last Will & Testament.
Fortunately, she and my father had raised their children well. All that was required was for my sister and me to sign a paper relinquishing our claims to any part of the estate. Had we not signed, however, the estate, including the house, all the money in savings, and the $40,000.00 in Certificates of Deposit would have been divided among the three of us. That was the law, and that was the result of my father not having a will.
My sister and I did not hesitate for an instant. We signed without any problem, but how many families could say that all the possible heirs would be so compliant and agreeable? Even worse, each state has its own way of dealing with the distribution of assets to the heirs of someone who dies without a last will and testament.
There are a lot of options available in addition to the commonplace will for protecting the distribution of assets upon someone's death, including such things as living trusts, but the Last Will & Testament still ranks as one of the simplest and best ways of insuring that your heirs will get what you want them to get without the intervention of courts and lawyers. Taking that for a fact, a Last Will & Testament is one of the most important legal documents a person can create during his or her lifetime: it is the document that determines who receives the assets of that person upon his or her death.
The laws of most states are designed to provide the assets of an estate first to the surviving spouse and then to any children of that person if the spouse is no longer living, but this hierarchy of distribution is not always guaranteed. Indeed, in our case, all three of us, my mother, my sister, and I were considered to be equal in our claims upon the estate. When you think about it, my mother and father had paid for the house without any help from us, and for most of the years she had worked as a gr ade school teacher, my mother had willingly put every penny of her paycheck in their savings account in the expectation of them having that money in their senior years. The laws of the State of Florida said that she no longer had an unchallenged claim to that house or money.
Setting aside just a few minutes to visit a lawyer or fill out a legal Will form is simply smart estate planning. A Last Will and Testament will guarantee that your family receives the assets of your estate in the manner you desire when the time comes. Why allow the uncertain vagaries of state laws and the decisions of someone who knows nothing of you or your family affect your spouse's finances or your children's finances after you die?
Creating a legal Last Will and Testament document allows you, the maker of the Will, to specify exactly who is to receive the assets of your estate. Creating a Will shortens the any legal processes exponentially, as the only major question remaining before the distribution of assets is the authenticity of the Will, which can easily be proven by the signature of the notary. Creating a Will removes nearly all questions about the distribution of the assets of an estate and speeds the transfer of those asse ts to the designated survivors.
Even though the obvious value of having a will may fall victim to a person's uncertainty about choosing a lawyer, or the costs associated with hiring an attorney, there are many other options available today. Many office supply stores have forms for a Last Will and Testament, and there are many sites on the internet where you can find forms, software, or services which will help you prepare a perfectly legal Will for a fraction of what an attorney would charge. You can even write your own will if you wish, but be aware that it is easy to say the wrong thing if you are not aware of the requirements of the law, and a good form or software program will help protect you against most simple errors. Of course, someone with a large estate, or someone with a complicated distribution problem should contact an attorney rather than attempting to prepare a Last Will and Testament themselves.
Copyright 2006 Donovan Baldwin

About The Author

Donovan Baldwin
Retired from the Army, the author has worked as an accountant, purchasing agent, optical lab manager, restaurant manager, instructor and long-haul truck driver. An active internet marketer since 2000, he now makes his living online. He offers a selection of legal software and forms at http://www.legal-forms-supermarket.com/.

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Misconduct Investigations When Punting Can Save the Game

2007-05-08T10:22:00.000+03:00

A bungled investigation can quickly turn a reasonable, still employed complainant into a hurt, damaged and angry former-employee-plaintiff. --Anonymous
For Tammie C. Allen, former admin assistant to MTSU President Sidney McPhee, the unsolicited advances, kisses, groping and requests for sexual activities from her boss were less injurious than the humiliating and biased sexual harassment investigation that followed her complaint. She expressed this outrage in a civil complaint, seeking monetary redress for incurred medical expenses and "severe emotional distress, mental anguish, indignation, wounded pride, shame and despair." Among the allegations: the investigators were under the direct supervision of the alleged offender; Ms. Allen?s attempts to provide the investigators with more witnesses to the alleged sexual harassment were ignored; Allen took a polygraph test in November to prove her case, but the TBR refused to consider that as a piece of evidence; her request for a meeting to discuss the findings of the investigation was denied; she received an involuntary transfer following the investigation that resulted in less responsibility, prestige and pr omotional opportunities.
Just the FACTS
The integrity of the investigatory process will be jeopardized if the investigator is perceived (rightly or wrongly) as partial or sympathetic to one view or another. In some situations, the conclusion of an internal investigation and the action it took based on the investigation will be questioned either as a whitewash or as a pretext for firing the individual without breaching his contract. This is just one of the circumstances where it pays to bring in an outsider. However, until March of this year, third-party investigations of employee misconduct were subject to the notice and consent requirements of the Fair Credit Reporting Act of 1970. At the same time, Supreme Court decisions in Ellerth and Faragher [Burlington Industries, Inc. v. Ellerth, 73 Emp. Prac. Dec. (CCH) ?45,340 and Faragher v. City of Boca Raton, 73 Emp. Prac. Dec. (CCH) ?45,341] made it imperative for employers to conduct investigations of harassment allegations in order to meet the second prong of the affirmative defense. Employers were in a double bind, attempting to comply with the requirements for a reasonable investigation while also complying with the FCRA requirements.
Third-party investigations of employee misconduct are no longer subject to the notice and consent requirements of the Fair Credit Reporting Act of 1970 (FCRA). On December 4, the President signed the ?Fair and Accurate Credit Transactions Act of 2003,? P.L. 108-159. Section 611 of the new law amends the FCRA?s definition of ?consumer report? to exclude communications made to an employer in connection with an investigation of (1) suspected misconduct relating to employment, or (2) compliance with federal , state or local laws and regulations or pre-existing written employer policies.
The 2003 FCRA amendments clarify that communications to an employer by outside third parties hired to investigate employee misconduct or compliance with the employer?s pre existing written policies will not be considered ?consumer reports? and will not require advance notice or authorization. If any adverse action is taken based on the communication, however, the employer generally will be required to disclose to the employee a summary containing the nature and substance of the communication.
The Trend Toward Outsourcing
However, even before the FACT Act was signed, many employment attorneys and human resource professionals had begun advising employers to pay more attention to conducting a reasonable investigation than worrying about avoiding the FCRA requirements. There were some court decisions that pretty much dismissed the FTC opinion letter and follow-up opinions of the FTC General Counsel. Recent opinion has shifted toward using third party investigators, with or without full compliance with the FCRA, as interpret ed. Part of this advice was EEOC-driven. Chairwoman Castro has repeatedly emphasized the EEOC?s position with respect to the importance of using outside investigators to conduct investigations into suspected discrimination or harassment. Specifically, Chairwoman Castro noted that the use of outside investigators is important:
1) where the employer lacks the resources to conduct investigations in-house 2) where the employer wishes to have an objective and unbiased party investigate the conduct at issue; 3) where the conduct complained of was perpetrated by very high-level employees within the company.
Although the EEOC does not generally require employers to use outside parties to conduct investigations into harassment claims, the EEOC has expressed the view that using outside investigators is important in certain circumstances, and may even be necessary where the accused harasser is a senior company official or where there is otherwise a conflict of interest. Examples of such conflicts include situations where an investigator:
* Has a personal relationship with either party.
* Has witnessed any alleged material occurrence.
* Has very strong feelings about either the complainant or the accused
Thus, employers who indiscriminately conduct internal investigations not only lose what advantages exist for having neutral third parties conduct such investigations, they risk running afoul of EEOC guidance.
When to Outsource ? And Why
While most employers are mainly concerned about liability to the victim of misconduct, there is a growing trend among employees who are accused of and disciplined for misconduct to strike back and accuse their employers of violating their rights during the investigatory or disciplinary process. Conducting a fair and thorough investigation reduces the risk that an employee will be disciplined or discharged for something he or she did not do and provides a powerful defense against a claim that the company condoned unlawful conduct in the workplace.
Employers should consider using an outside investigator for four reasons:
1) Promptness. Despite the need to promptly investigate allegations of misconduct, investigations are not always management?s number one priority.
2) Expertise. Outside investigators are specialists whose expertise results in a more thorough investigation, especially where the organization involved is a small one. This expertise is particularly critical when the allegations are serious in nature and the stakes are high, such as sexual assault. In addition, outside investigators have the courtroom experience that will make them a powerful witness should the complaint eventually go to trial.
3) Impartiality. Although the employer hires the investigator, Morgan believes there still is the sense that the investigation is not an ?inside? job. Based on my experience conducting investigations, I believe people are more open and more willingly share more information with an outsider, especially when the allegations are against a high-ranking individual in the organization. The objectivity of an internal investigation in that scenario is more easily quest
4) Confidentiality. There is a strong need for confidentiality for the persons who are asked to report what has happened. They are often concerned about retribution, so the ability to offer a considerable blanket of protection is helpful. When I am hired to conduct an investigation, I want to know to what degree the comments I gather will be held in confidence by management.
The Bottom Line Increasingly, the scales are tipped in favor or employers who use outside investigators to investigate misconduct allegations, particularly when they involve a potential conflict of interest, possible litigation, or high-ranking individuals.
Checklist: Advantages of Using An Outside Investigator Now that employers are relieved of some of the notice and disclosure requirements of the Fair Credit Reporting Act when investigating allegations of misconduct, they may want to consider some of the following advantages to bringing in an outside investigator.
- Knowing that he or she will not have to ?live? with either the accused or the accuser after the investigation may help the investigator remain impartial.
- The outside investigator has no previous experience with any of the parties involved and so comes to the investigation without the kinds of prejudices that arise from knowing someone?s past performance or history.
- Witnesses may be more forthcoming with an outsider, not having to fear that what they tell the person may someday become ?conversation around the water cooler.?
- Using someone from an outside investigation firm may benefit the investigation as he or she could be familiar with the type of investigation needed and have questions to ask or tools to use that might not have been thought of internally.
- The outside investigator will be brought in specifically for the purpose of carrying out the investigation and will not require that someone from the organization find time in his or her schedule to do the work.
Copyright 2006 Joni Johnston

About The Author

Joni E. Johnston is a clinical psychologist and CEO of WorkRelationships, (www.workrelationships.com) an employee relations training and consulting company that helps employers turn employment liability into employee productivity.




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Medical Malpractice for Babies

2007-05-07T10:53:00.000+03:00

Medical practices are some of the causes of pain and suffering among the American Families. The bad news is that it affects the babies in some situation. Researches have shown that around two million babies have suffered from trauma during delivery at the time of their birth. Birth trauma has a lot of consequences which can go from mild to temporary up to devastating injuries. This can also cause tragic impairments that can lead to permanent conditio ns.
We all know that babies are young and if they experience medical malpractice, they might not recover from the pain and suffering that they are going through. Their body is weak so doctors should take extra care of them.
In some cases, birth trauma cannot be prevented because of some conditions. However, if a good doctor handles the delivery, these situations can be prevented. If a doctor is not that trained and experienced, he might fail to diagnose the cause of the birth trauma. This is where medical practice takes place. There are laws regarding medical malpractices. Doctors should be very careful in treating these cases especially in babies because they might be suffering this for the rest of their lives.
When a medical professional or a doctor fails to diagnose some common prenatal infections, or some other factors, it is expected to have birth trauma. If on the day of the delivery, a medical assistant did not provide the proper treatment, the baby can develop birth trauma that easy. We might not be aware of this but even the babies have feelings at such early stage. Some heavy bruising can be caused by improperly using birthing techniques like vacuums and forceps. These equipments need extra care in us ing it. Another common example of birth trauma us shoulder dystocia. When a shoulder of the baby is impacted on the pelvis of the mother during birth, which is considered shoulder dystocia. If this is not treated properly, it can lead to serious injuries to the upper extremities of the child.
Medical malpractice and negligence is something that cannot be forgiven to doctors. It has been clear from the start that once they have committed to the care and attention of patients, he must do his best to perform a good action, an action that can alleviate the suffering of the individual. Our babies? life is important so they should be given the proper care and treatment.
For more related articles, you may visit http://www.socialsecuritylawattorney.com.

About The Author

Karen Nodalo has graduated from the Bicol University specializing in Computer Science, she graduated with flying honors being one of the top notch students of the graduating class. She has been into writing for almost 5 years now, and has been into different topics. She has also been into student publications since her elementary years, giving her the much coveted exposure that writers of her kind battles for.
karen@rushprintingservices.com





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Medical Malpractice Defined

2007-05-04T11:03:00.000+03:00

A patient comes to a medical professional to heal or treat an ailment. When the opposite happens, that the patient is injured or the situation worsens because of a mistake on the part of the health care provider, this is called medical malpractice.
Malpractice occurs when a doctor or a health care professional deviates from the standards which are accepted in the medical profession. It is mostly the doctor who has the final say in the procedure or treatment that a patient undergoes.
Once a medical practitioner veers away from the standard medical practice and it results to serious injuries or complications on the patient's health, this is considered malpractice.
In cases where a medical practitioner is accused of malpractice, another health care professional is asked of the procedure that is applicable in the circumstances of the patient. He should have done what is expected of a practitioner who is under the same situation.
The worst case scenario is when a patient dies inadvertently due to the mistake on the part of the doctor.
First, take a look at the mistakes which classify as medical malpractice:
1. injuries relating to birth
2. incorrect dosage and dispersal of medicine or error with prescription
3. incorrect or delayed diagnosis of an ailment
4. improper treatment
5. surgery mistakes
6. failure to refer to a medical specialist
7. health complications from anesthesiologists
8. improper procedures performed on emergency rooms
9. abuse of patients in nursing homes, children's ward and other medical institutions
10. mistakes with the general treatment of a patient
There are cases where a healthy part of the body is removed because of incorrect diagnosis. A delay in the delivery of a baby may result to more serious complications.
More specifically, malpractice occurs when the medical professional neglects to perform his or her duties on a timely and efficient manner. Just like with any other aspect in our lives, negligence would always have negative results.
In the medical profession, there should be zero tolerance for negligence because people's lives and their health are at stake.
'Medical Malpractice Laws and Cases'
The laws regarding malpractice in the United States may differ from state to state. They are changed from time to time and some laws may apply only to particular circumstances.
If you have a relative or a friend who may have suffered or died due to medical malpractice, then you may consult a lawyer in your state who specializes in such cases. Make sure that the lawyer that you will consult has an extensive experience in this field so that you will have the best legal support possible. You may also review past medical malpractice cases to learn more about this.
If you have a medical malpractice case, it would be difficult to immediately recognize whether you have a good or bad case against the health care professional.
Just like in criminal or corporate law, each case is unique and has its own downsides and merits. Your lawyer may need to work through all the details about the case.
Most of these cases are dragging and consumes a lot of your time and expenses. Talk with your lawyer before deciding to file a case. Most legal practitioners would first consider t he financial and legal merits of your case before they formally proceed to court.
Medical malpractice is a growing problem in the United States. When filing a medical malpractice lawsuit, make sure that you have a lawyer on your side who will adequately defend your rights.

About The Author

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides malpractice resources on http://www.aboutmalpractice.info.

Living Will Why You Need One Now

2007-05-03T12:14:00.000+03:00

Living Will ? Why it?s critical that you have one!
A Living Will is a legal document that allows you to direct healthcare professionals to act on your behalf regarding life-sustaining intervention and treatment if you can no longer speak for yourself. A new survey finds that only 33% of Americans have a living will. Sixty-seven percent of Americans lack a living will, potentially leaving them with no control over whether they wish to receive life-sustaining medical treatment in the event they should become incapacitated or terminally ill.
All fifty states have laws regarding the ability of patients to make decisions about their own medical care before the need for treatment arises through the use of advance directives. This allows patients to draft living wills that set forth the type and duration of medical care that they wish to receive should they become unable to communicate those wishes on their own. The court case involving Terri Schiavo brought this problem to national attention. Now it?s time for you to make sure that your wishes are known to your family by creating a living will.
Brought to you by www.Prepaid-Legal-Help-4U.com where you have complete legal protection 24/7 for less than $1 day.

About The Author

Beth Gabriel
I developed http://www.prepaid-legal-help-4u.com to help the 'little guy' have access to legal services previously reserved for the wealthy!
norskbabe360@yahoo.com

Living Wills and Estate Planning

2007-05-02T11:33:00.000+03:00

A living will is a document you draft that stipulates what kind of treatment you want or don’t want in the event of an unrecoverable illness or injury that leaves you unable to speak for yourself. It gives you the power to refuse extraordinary measures that would keep your body alive when there is no hope of recovery, and when you would choose, if able, to die a natural death.

People have differing attitudes and beliefs about what constitutes life and quality of life. For some, their religious beliefs dictate that any form of life is sacred and should be preserved as long as is humanly possible. Others believe life ends when the brain ceases to function and that life-support in this state is a form of dehumanization and a burden on loved ones, emotionally and economically.

A living will allows you to make your desires known on this issue. Without a living will or advance directive, it is incumbent on the hospital or healthcare facility to continue to provide life support, unless a spouse comes forward to relay your (unwritten) wishes and ask that life-support be suspended. If there is no spouse, the closest living relative can speak for you. However, requests to stop life-support without a living will or advance directive in place can be met with resistance by other famil y members, friends, and even unaffiliated parties with political agendas, including members of government.

A living will only comes into play when multiple conditions have been met. The will must be legal and in the possession of your doctor. Your doctor must further find that your condition precludes you from making a competent decision about the care you wish to receive. Lastly, a second doctor must concur and both physicians must also find you to be terminally ill or permanently unconscious.

Living wills can be drafted by lawyers, via software programs, or by simply writing out your wishes and desires; it’s best to follow an official form as the language will not leave room for ambiguity, and laws that regulate living wills vary from state to state. The document requires a signature and the signing should be witnessed by two people who also lend their signatures as proof. Alternately, you can have it officially notarized. A copy should be given to your doctor to be kept in your file. I f at any time you change your mind about the conditions you set forth for yourself, you are free to retrieve and destroy all copies of the existing will, and replace it with a newly drafted and notarized document.

1. Though the task of making a living will may not be a joyous one, it is not only in your best interest but in the best interest of loved ones. An advance directive also allows you to stipulate what kind of medical care you wish to receive, or do not wish to receive, and can be as detailed and specific as you like. Your children: Be aware that your wishes may not necessarily be the same as their wishes – you should try to avoid disagreements among your children by carefully spelling out your wishe s in a Living Will;

2. Your physician and HMO (if applicable): Have original copies of your Living Will made a part of your medical record so that it is clear to your health care providers what your wishes are.

But other types of medical issues that do not include life support may arise. For example, you also make decisions on which procedures or surgeries to have. Who will step into those cases if you become incapacitated? A living will does not allocate property rights or estate, which is covered in a standard will, often referred to as the last will and testament.

Copyright 2006 Ronald Hudkins

About The Author

Ronald E. Hudkins aggressively coordinates with government agencies, organizations and field experts to compile information designed to help consumers avoid deceptive business practices. He is currently publishing his site that specializes in asset protection and estate planning. The site includes how to find, research credentials, interview and hire an estate planning attorney. The site overviews community based services available for long-term care and provides massive information resources. Estat e documentation (personal and financial) is overviewed and an Estate Planning Checklist is included. The site covers Medicaid planning and eligibility requirements as well as a legal frequently asked questions section and much more. A description of his education and experience can be found at http://www.AssetProtectNow.com.

Living Trusts and Estate Planning

2007-04-27T10:34:00.000+03:00

There are many ways to protect assets for your loved ones. One way is to use a living trust. Living Trusts are routinely used by average persons, not just the wealthy, to avoid the high cost, publicity and inconvenience of probate. Property placed in an irrevocable trust will be excluded from your financial picture, for Medicaid purposes. If you name a proper beneficiary, the principal that you deposit into the trust (and possibly any income generate d) will be sheltered from the state and can be preserved for your heirs. Typically, though, the trust must be in place and funded for a specific period of time for this strategy to be an effective Medicaid planning tool. For information about Medicaid planning trusts, consult an experienced attorney.
A trust has three parties - a donor, trustee and beneficiary. The donor sets up the trust, the trustee manages the property in the trust, and the beneficiary gets the use and enjoyment of the property. A person who sets up a living trust wears all three hats, donor, trustee, and beneficiary.
After a living trust is set up, it must be "funded". This involves changing the title of your assets, such as your home and your bank accounts, into the name of the trust. You maintain complete control over the money and the property in the trust. You can buy, sell, trade, or do whatever you want with your property, just as if the trust did not exist.
A living trust can be easily changed to meet the needs and goals of you and your family. In addition, the trust can provide for management of your assets in the event you become ill or incapacitated during your life. When used together or with a durable and health care power of attorney, it can help completely avoid expensive guardianship proceedings.
Upon your death, the person you have designated as "successor trustee," usually a child, automatically takes over management of your assets. Your successor trustee settles your affairs, and then distributes your money and property to your heirs.
Although the purpose of a trust, avoiding probate is simple, a trust is a complex legal document. There may be tax issues involved, and the terms of the trust must be thought through and drafted with great care and skill. Therefore, a trust should only be prepared by an attorney who is experienced in the field of estate planning, and who will stand behind his or her work. Those who purchase mail order trust kits advertised in the back of magazines, or who utilize the services of non-attorney door-to-doo r salesmen, are taking great perils with one of the most important documents of their life. On the other hand, a properly drafted living trust will lighten the burden that death places on your family, and will greatly simplify the process of transferring your assets.
Copyright 2006 Ronald Hudkins

About The Author

Ronald E. Hudkins agressively coordinates with government agencies and organizations to compile information to help consumers avoid deceptive business practices. A description of his education and experience can be found at http://www.AssetProtectNow.com.

Lemon Law Case AssistanceHow to Fight and Win

2007-04-26T09:43:00.000+02:00

Some consumers make the assumption that handling their Lemon Law claim themselves saves them money. Before you decide to "go it alone", here are three things that are important to know.
1. Lemon Law Claims are complicated and you will waste much of your time and create unnecessary headaches for yourself.
Trying to research your rights and write threatening letters will usually cause you more frustration than it's worth. Further, if you fail on your own, you will have wasted precious time. Or worse, what if you accept an offer and sign a release which you will regret later (including losing your Legal rights).
2. Consumers have virtually no negotiating power with the manufacturer. They can't cause the economic pain and publicity that a lawsuit can for the Manufacturer.
Knowing the state and federal Lemon Laws does not mean that you will be treated with respect. The car companies still play games, much like insurance companies. If you represent yourself, the manufacturer will likely drag out the case in hopes that you will either go away or take little or nothing to settle.
When you hire an experienced attorney, there are no games. Cases get resolved quickly and the compensation you receive is fair.
3. Consumers get less money!
For the above reasons, attorney negotiated settlements are normally substantially higher than one's negotiated by consumer's alone. Chances are your recovery will be worth substantially less if you represent yourself (and you will have done all the work). Some consumers have been known to accept a month's payment, when they are really entitled to all their money back! If you select a law office that has substantial Lemon Law experience, the manufacturer will already know your Law Firm and what the expec ted compensation will need to be to settle the claim.

About The Author

Scott Hallman
The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com.
info@americanlemonlawcenter.com

Landlords Corner Unauthorized Entry and ORC 532104 and 532105

2007-04-25T12:23:00.000+02:00

Landlord's Corner - Unauthorized Entry and ORC 5321.04 and 5321.05
There are some landlords out there who feel that they can enter upon property they have rented to another without taking any steps to alert the renter or seek the renter????'s permission. Even before enactment of Ohio's Landlord Tenant Act of 1974, this was a fallacious belief.
At common law, when the owner of real property signed a lease agreement to rent it out to another, he gave up, via the lease agreement, his right to possession of that property. The owner still retained ownership, but one of the important rights of ownership, the right to possession, was signed away. Some leases did allow the owners a limited right of access, but if such a thing was not in the lease agreement, the owner could get into trouble for going on to his own land. That kind of trouble came from the common law action of trespass. Since trespass is an intentional tort, a court's finding that the owner trespassed upon the rented property subjected the owner to civil liability for actual damages, attorneys fees, and even punitive damages. Further, the owner could face criminal charges as well.
In 1974, Ohio passed the Landlord Tenant Act of 1974. Part of that Act, Ohio Revised Code Section 5321.04 describes the landlord's duties to the tenant in any rental relationship. Specifically, R.C. 5321.04(A)(8) states that the landlord must: "Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary."
The law also imposes upon the tenant a duty to be reasonable in granting access to the landlord when the landlord makes a request to enter. Ohio Revised Code 5321.05 states that: The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant's mail facilities, supply necessary or agreed services, o r exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
t is clear then that under the statute, the landlord must give reasonable notice to the tenant of his intent to enter, and work with the tenant concerning setting up a mutually acceptable time. The tenant is required to work with the landlord to assure that the landlord can access the premises. A violation of either's duty to the other in this regard is a violation of the law.
It is important to note that while the statute mentions 24 hours as being presumed to be reasonable notice, it is a presumption only. A legal presumption is one of those rare instances where the court is entitled by law to start of with a predisposition about a case. In this example, the court will start off with the thought in its head that 24 hours notice is sufficient notice to the tenant. But the tenant is entitled to bring in evidence to rebut this presumption.
Here's an example of how 24 hours notice might not be sufficient. The tenant is a firefighter, and he works a shift which is 48 hours on and the rest of the week off. The tenant has informed the landlord about this and the landlord knows that the tenant works from Monday morning at 7:00 a.m. until Wednesday morning at 7:00 a.m. The landlord wants to inspect the rented premises and on Monday at noon places a note on the door informing the tenant that they wish to come in on Tuesday at 4:00 p.m. to inspec t.
The tenant will never get this note in time, and will be unaware of the landlord's plans. If the matter ever goes to court, the landlord will argue that he gave more than 24 hours notice of his intent to enter, and the tenant will argue that because of his schedule (which the landlord knew about), the notice was insufficient.
Who the court will determine is right and wrong in this matter is less important than the fact that the landlord is now in the middle of a court case and is bleeding attorney fees when it all could have been prevented by knowing what the law is and how to remain on the side of compliance with it.
Further, it should be well understood by landlords that Ohio Revised Code Section 5321.04(A)(8) does not replace the common law structure referred to above, but rather supplements it. This means that in addition to suing the landlord for violation of Ohio Revised Code Section 5321.04(A)(8), the tenant can also sue upon the common law action of trespass (with its possibility of recovery of punitive damages and attorneys fees). Further, a later part of the statute, R.C. 5321.04(B) authorizes the tenant to terminate the lease agreement if the landlord violates the statute. So the careful landlord will get the tenant's permission in writing to enter the premises.
Let's look at some cases where the landlord spent a great deal of money fighting over this issue and then lost in the end. In the case of Limage v. Citiscene Apartments, 1992 Ohio App. LEXIS 3055 (June 9, 1992) Franklin Co. App. No. 92AP-190, unreported an agent of the landlord entered into the apartment. The agent's efforts to notify the tenants beforehand consisted of a telephone call on the same date the entry occurred and knocking on the door shortly before entry. The Tenth District Court of Appeals held that this entry occurred in violation of Ohio Revised Code Section 5321.04(A)(8) and reasoned that:
"Since the telephone was unanswered and the knocking elicited no response, the rental agent certainly knew no notice had been received by the tenants. Giving reasonable notice to tenants for purposes of R.C. 5321.04(A)(8) implies that some sort of notice is received." Limage at 4.
In this case, the tenants were allowed to terminate the agreement because of the landlord's unauthorized entry, even though the tenants were not home at the time of the entry. So the landlord got stuck with a lot of legal bills and a piece of vacant property.
Landlords often look upon a request by the tenant to repair something as a carte blanche invitation to enter to fix the problem. This is not the case. In the case of T.K.D. Enterprises v. Zimmerman, 1998 Ohio App. LEXIS 3167 (July 2, 1998) Athens Co. App. No. 97CA44, unreported, the Fourth District Court of Appeals dealt with a case wherein a landlord's agents entered the rented property after the tenant sent a letter listing repairs to be made. The Trial Court held that this was permissible, but the Fo urth District Court of Appeals reversed this finding, holding that "Following T.K.D's unauthorized and repetitive entries, Zimmermann had a statutory right to terminate the tenancy on written notice. She gave notice of her termination and vacated the premises within a reasonable time after the improper entries." Zimmerman at 13.
Landlords would also be unwise to rely upon provisions in a lease which allow for unlimited rights of access to the rented property. The Court in Zimmerman also held that:
R.C. 5321.13(A) generally provides no statutory provision of the Landlord/Tenant Act may be waived or modified by the parties' agreement, except in prescribed limited circumstances which do not apply here. Thus, even if the parties' written lease agreement had permitted unannounced entries by the landlord, their written agreement could not supersede Ohio's statutory mandates. Zimmerman at 9 and 10.
In both of the foregoing cases, the landlords spent a great deal of money on attorneys fees at trial, and then a great deal of money on the appeal of each case. In both cases, the landlords lost on appeal, and in both cases they ended up with unrented property.
So the wise landlord is very careful about entry into the rented premises. Even relying upon a tenant's verbal okay is a risky proposition. If the tenant later claims that he gave no such consent, the landlord is in a 50/50 situation when it comes to court. If the court believes the tenant's version of the events, then things are going to get really sticky really fast. It is a good practice to send out a letter to the tenant well before any access to the tenant's property.
It is fine to state in the letter an intention to enter at a certain date and time, and then request that the tenant contact the landlord if that date is going to be a problem, but even this leaves the landlord open to allegations that the tenant did not get the letter. To be completely safe, the landlord should have the tenant sign and return a note confirming that the planned entry is okay.
Tenants who are aware of their rights regarding a landlord's access to the rented premises are growing in number as the Internet provides greater and greater access to information. Landlords should be very careful when making entries into rented property.

About The Author

Eric E. Willison and Andrew J. Ruzicho II
All contents of article copyright 2006 www.ohiolandlordtenant.com. Eric Willison and Andrew J. Ruzicho II began their Ohio tenant's rights web site in 1999.

Landlords Corner Ohio Law and Self Help Evictions

2007-04-24T09:29:00.000+02:00

There comes a time when an Ohio landlord may wish to regain possession of a residential apartment he has rented to a tenant. The only proper way to do this if the tenant refuses to leave is to file a statutory eviction action pursuant to Ohio Revised Code Section 1923.04. But some landlords take grave risks by trying to force the tenant out without the required legal process.
A "self help" eviction occurs when a landlord takes back possession of the rented premises without the permission of the tenant, and without resorting to the required legal processes. Where residential rental housing is concerned, self help evictions are illegal, pursuant to Ohio Revised Code Section 5321.15. Thus you cannot simply change the locks while the tenant is gone and throw all of his stuff into the dumpster behind the building. If a tenant can prove that you violated Ohio Revised Code Section 5321.15, you can be subject to a lawsuit for the tenant's actual damages and attorneys fees.
The statute also prohibits a landlord from shutting off utilities in an effort to make the tenant leave, even if you don't lock the tenant out. Some landlords make the mistake of turning off the water at the main or shutting off the power and assuming that since they have not actually excluded the tenant from the premises by locking him out, they are in the clear. But the statute specifically prohibits shutting off utilities in order to force a tenant out.
Further, a landlord cannot even threaten to lock the tenant out or shut off utilities. The statute clearly states that threats of a self help eviction are a violation of Ohio Revised Code Section 5321.15.
Further, the statute prohibiting self help evictions applies to tenants who have the right to occupy the premises and to tenants who no longer have the right to possession. So it is no defense to go to court on a 5321.15 lawsuit and tell the judge that the tenants were behind on the rent. If the tenant is in possession of the premises, you want him out, and he won't leave, you have to go through the statutory eviction process.
What is a tenant likely to recover if you violate this section of the law? The Court may award the value of the tenant's belongings (this could be tens of thousands of dollars if the Judge believes the tenant on what was removed). Judges will often not require a great deal of proof of the value of the lost items from the tenant because things like receipts and other proof would have been thrown out in the lock out.
You should also keep in mind that a claim for relief for violation of Ohio Revised Code Section 5321.15 may not be the only claim for relief in the lawsuit against you. You can also be sued for the common law intentional torts of conversion (the exercise of control over an item in a manner inconsistent with the rights of its owner which permanently deprives the owner of its value); trespass to chattels (the exercise of control over an item in a manner inconsistent with the rights of its owner which temp orarily deprives the owner of its value); and trespass (the unlawful entry upon the property of another enjoying right to possession). Since these claims for relief are intentional torts, if the court finds liability and awards any actual (or even nominal) damages, the court may award punitive damages to the tenant as well as attorneys fees.
If you are the owner of property managed by another, you should also keep in mind that you can be held responsible for what your employees do if they are acting within the scope of your business. Thus if your rental manager robs a bank, you will not be responsible for that, but if your employee locks out a tenant and throws her stuff in the dumpster, you, as the owner of the property and the boss of the rental manager, will be a co-defendant in any litigation that the tenant brings.
To give you an idea of the damages which can ensue from violations of this sort, we need look no further than the case of Gordon v. Morris, 2001 Ohio App. LEXIS 338 (February 2, 2001) Greene Co. App. 2000-CA-69, unreported, a landlord changed the locks just before the end of the month upon learning that the tenants had shut off the utilities and removed most of their belongings. The trial court awarded the tenants only $ 96.77 in actual damages (they had paid rent through the end of the month but were d eprived of the use of the apartment, and this was the prorated amount). But the trial court further awarded $1,000.00 in punitive damages and $1,462.00 in attorneys fees.
Ohio's Second District Court of Appeals upheld the trial court's findings. So the landlord in this case got taken for a $2,559.27 ride through the legal system, and this does not count the costs of the landlord's attorney. The next time you are thinking of trying to save a little money and time by not going through the statutory eviction process, think of Mr. Morris and the money he spent to lose his case.
In the case of Hall v. Lacheta, 1992 Ohio App. LEXIS 5945 (November 18, 1992) Tuscarawas App. No. 92AP020013, the landlord first threatened to lock out the tenant, and then, after receiveing a letter from a lawyer telling him that this was and would be a violation of Ohio Revised Code Section 5321.15, he actually did lock out the tenant without an eviction. When the police forced the landlord to leave, he returned shortly thereafter and placed a large sign in the yard informing the public that the tenan t was on welfare and was not paying rent.
The trial court awarded the tenant $3,000.00 in actual damages and another $3632.00 in attorneys fees. But Ohio's Fifth District Court of Appeals decided that this was not enough where attorneys fees were concerned, and that the testimony at trial justified a higher award to be based upon $75.00 per hour, rather than $40.00 per hour. Further, the Court allowed the tenant to recover for time spent at the hearing to determine the proper amount of attorneys fees and upon attorneys fees expended in collecti on activities. These amounts do not take into account the money spent by the landlord on his attorney. So it was an expensive afternoon's work locking out that particular tenant.
You should note that Ohio Revised Code Section 5321.15 applies only to residential rental property, and not to property rented to a commercial tenant. Landlord's renting out commercial property may make use of self help evictions to get back possession of their property if they can do so without a disturbance of the peace. But you still take chances here because a tenant may sue you for the common law torts I mentioned above, and if a court later determines that the tenant should not have been locked ou t, you will have trouble.
The wise landlord will always opt for a statutory eviction process when trying to get rid of a tenant who will not leave. It may take a little longer, and it may cost a bit in filing fees, but it brings certainty and insulates the landlord from the above claims. The same is true of tenants who have left you with an apartment in a condition such that you are not sure if they are going to return. If you have any doubts, just do the statutory eviction and sleep better at night.

About The Author

Eric E. Willison and Andrew J. Ruzicho II
All article contents copyright 2006 http://www.ohiolandlordtenant.com/self_help_eviction.html.

Landlords Corner Late Fees in Ohio

2007-04-23T10:30:00.000+02:00

A. Limits As To Amounts
There are two lines of cases in Ohio which deal with whether courts will enforce lease provisions allowing a landlord to charge tenants for late fees. These lines of cases come to slightly different conclusions, but the bottom line is that landlords need to be very careful in charging tenants for late fees.
The first line of cases comes to us from the Eighth Appellate District. In the case of Siara Management v. Nedley, 1992 Ohio App. LEXIS 5265 (Oct. 15, 1992) Cuyahoga App. No. 61433, unreported, the lease called for the tenant to pay $30.00 in late fees if he was late five days, and $70.00 more if he were late ten days. The landlord tried to charge these amounts to the tenant and litigation ensued.
The Eighth Appellate District held that there is distinction between liquidated damages (allowable) and penalty clauses (not allowable) and that the court would use a three part test to distinguish between the two. Late fees would be allowable as liquidated damages if they were designed to compensate the landlord for damages which were:
(1) uncertain as to amount and difficult of proof, (2) the contract as a whole is not so manifestly unconscionable, unreasonable, and disproportionate in amount as to justify the conclusion that it does not express the true intention of the parties, and if (3) the contract is consistent with the conclusion that it was the intention of the parties that damages in the amount stated should follow the breach thereof.
In Nedley, the landlord did not make it past the first hurdle of the test. All that the landlord argued in court was that the late payment by tenants led to late payment charges assessed to the landlord by his creditors. The Court reasoned that "Any party due money could claim that the resultant decrease in cash flow might result in late charges against it. That is unduly speculative." Had the landlord come to the court with evidence that the tenant's late payment had caused him to incur damages in spec ific amounts, then those specific amounts might have been recoverable.
The Eighth District Court of Appeals also came to a similar conclusion in 200 W. Apartments v. Foreman, 1994 Ohio App. LEXIS 4081 (September 15, 1994), Cuyahoga Co. App. No. 66107 regarding a late fee of only $2.00 per day. In that case the court also found it significant that the landlord had shown no proof of its actual damages.
However, another of Ohio's appellate district treated the matter very differently. In the case of Calabria v. Green, 1995 Ohio App. LEXIS 3903 (September 8, 1995), Trumbull Co. App. No. 95-T-5181, the Eleventh Appellate District Court held that while late charges of $10.00 per day (for 38 days) was not enforceable, "an agreed upon, one-time late fee, that is reasonable in proportion to the rental rate, and that has a rationale basis supporting the imposition of the charge, is proper."
The Eleventh District Court of Appeals again came to the same conclusion in the case of Wadsworth v. Starcher, 1998 Ohio App. LEXIS 2909 (June 26, 1998) Trumbull Co. App. No. 97-A-0054. In Wadsworth, the Court agreed with the trial court that $5.00 per day in late charges over 92 days was not enforceable, and that the trial court's reduction of the late fees to $100.00 was proper.
It is clear that "parties to a lease agreement can agree to anything they wish within the limits of the law." Village Station Assoc. v. Geauga Co. (1992), 84 Ohio App.3d 448 at 451. The real question is: what are "the limits of the law"? R.C. 5321.14 prohibits parties to a lease from agreeing on illegal or unconscionable terms.
B. No Late Fees Under Oral Contracts
Where there is only an oral contract between the landlord and the tenant, at least one Ohio Court has held that no late fees can be assessed. Neubauer v. Patzkowsky, 1992 Ohio App. LEXIS 2919 (June 2, 1992) Franklin Co. App. No. 91AP-1236.
C. Waiver of Late Fees
Some landlords will try to collect late fees which have piled up over months and months. In the case of Habegger v. Paul, 2004 Ohio App. LEXIS 1971 (April 30, 2004) Wood Co. App. No. WD-03-038, a landlord sued the tenant for late fees which accumulated over a 14 month period. The Sixth District Court of Appeals held that the landlord waived his right to collect the late fees upon eviction by continuing to accept the tenants' rent payments and not pursuing eviction until approximately 14 months after the first late payment. The Court reasoned that:
A party may voluntarily relinquish a known right through words or by conduct. State ex rel. Ford v. Cleveland Bd. Of Edn. (1943), 141 Ohio St. 124. In Galaxy Development Ltd. Partnership v. Quadax, Inc., 2000 Ohio App. LEXIS 4651 (October 5, 2000) Cuyahoga Co. App. No. 76769, the Eighth District Court of Appeals found that the landlord waived its right to collect holdover rent from the tenant by continuing to accept the original rental payments after expiration of the lease. The Galaxy court cited Finkb einer v. Lutz (1975), 44 Ohio App.2d 223, wherein lessees failed to make timely payments of rent on numerous occasions and lessors accepted the late payments. The Finkbeiner court held that the failure of the lessors to make timely objection to the late payment of rent amounted to a waiver.
Courts in Ohio will not allow a landlord to collect late fees which have piled up over a significant period of time.
D. Dangers for the Landlord
Where a landlord can get into trouble with late fees is in a dispute over a security deposit. Let's say the landlord has collected a security deposit in the amount of $500.00. The tenant leaves at the end of the lease term. The landlord finds $300.00 in damages at the apartment and also assesses $250.00 in late fees. Perhaps the landlord cannot show the court actual damages in the specific amount of $250.00. Maybe there was only an oral agreement between the landlord or the tenant. Perhaps the $250.00 i n fees resulted from the landlord's practice of letting the late fees pile up over time.
If any of these are the case, there is a good chance that even in the more landlord sympathetic appellate districts, the landlord will only be allowed to charge the tenant a greatly reduced amount if the facts fit the first example, and perhaps nothing at all if the facts fit the second or third examples.
This will leave $100.00 or more that should have been returned to the tenant, entitling the tenant to double damages and attorneys fees under Ohio Revised Code Section 5321.16. While double damages in the amount of $200.00 might not be all that big of a deal, wait until you get to the mandatory hearing on reasonable attorneys fees. Now we're talking real money.
If you are trying to evict a problem tenant and your only basis is a failure to pay late fees, then the arguments above may have a bearing upon the issue of who has the right to possession when you get to the F.E.D. hearing. If a tenant can show the court that he stood ready at all times to pay the late fees, but that the landlord was holding out for an unreasonable amount, or if the tenant can show that he and the landlord engaged in a pattern of conduct of acceptance of late payments without protest, this could defeat the eviction action.
E. Lessons to Be Learned
One of the lessons to be learned from all of this is that late fees are something of a minefield when it comes to using them to reduce the amount of the security deposit returned to a tenant. The same is true when we are talking about evictions based upon a failure of the tenant to pay late fees.
Landlords should be aware of the problems that may arise when late fees are argued. Informing your attorney of your past practices with regard to late fees can save you both a lot of embarrassment, and perhaps allow the attorney to alter course in his arguments to get around potential hurdles.
Find this and more information at http://www.ohiolandlordtenant.com

About The Author

Eric E. Willison and Andrew J. Ruzicho II are attorneys in Ohio working in the area of landlord tenant law. In 1999, they started the consumer rights web site: http://www.ohiolandlordtenant.com.

Landlords Corner Evictions and Unauthorized Practice of Law

2007-04-20T09:04:00.000+02:00

A. Right to Proceed Pro Se In Ohio, a person can always represent himself in court. This is called appearing "pro se" and is a common (though unwise) practice where very little is at stake, such as in small claims courts around the state. Why is it unwise? The two main reasons are that attorneys who regularly perform evictions will be a great deal more familiar with the ins and outs of the law than the lay person. Secondly, an attorney will see the case objectively, and a dispassionate eye is a more effective observer of events t han the landlord who may see things subjectively, having his vision clouded by emotions.
B. Representing Other Persons or Entities
But to represent another person or another entity (such as a company, a trust, or an LLC), you must be certified by the Ohio Supreme Court to practice law or you are engaging in the unauthorized practice of law. This rule affects landlords whose property is owned by a corporation or managed by a rental company. Owning a property in a corporate form has become very popular lately as a way of limiting the landlord's personal liability. This way, if the landlord is sued because of an injury at the property , the most he can lose is the value of the property (assuming his insurance isn't enough to cover it). His personal assets cannot be touched.
In the past, some landlords tried to file evictions via their employees, or tried to file the actions themselves on behalf of the corporation owning the property. They reasoned that since they were the 100 percent owners of all the shares of the corporation, they should be able to represent it in court. The problem was that these employees and corporate shareholders were not attorneys.
1. Ruling from the Ohio Supreme Court
In the case of Cleveland Bar Association v. Picklo, (2002), 96 Ohio St.3d 195, Lynn Picklo had been filing complaints in the Cleveland Municipal Court, Housing Division, for forcible entry and detainer [evictions], as well as for the recovery of past due rents. Picklo was not licensed to practice law in the state of Ohio, but she nevertheless filed these claims and appeared in court on behalf of the property owner since she was the rental manager.
Ms. Picklo argued that R.C. 1923.01(C)(2), which defines "landlord" for the purpose of invoking a county, municipal, or common pleas court's jurisdiction in most forcible entry and detainer actions as "the owner, lessor, or sublessor of the premises [or] the agent or person the landlord authorized to manage premises or to receive rent from a tenant under a rental agreement."
She also cited R.C. 5321.01(B), which, with respect to landlord-tenant remedies in general, similarly defines "landlord" as "the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement." She argued that since she was the rental manager, she was the "landlord" and thus was entitled to bring the lawsuit on behalf of the owne r of the property.
It was a clever argument, but in the end, it would not wash with the Ohio Supreme Court. Under the Constitutional doctrine of Separation of Powers, the Ohio Supreme Court has the inherent power to determine who can practice law before the courts of Ohio. While it was true that the Ohio Legislature passed laws in conflict with the Ohio Constitution, the Ohio Constitution wins out in the case of such conflicts. The reason for this is because the Ohio Constitution is the document that set up the Ohio Legis lature in the first place. The Ohio Legislature draws its ability to pass laws from the Ohio Constitution, and thus it cannot make laws contrary to the Ohio Constitution.
So Ms. Picklo was found to be engaging in the unauthorized practice of law, and since that time, all evictions filed by persons not the owners of the property require the services of an attorney licensed to practice in the state of Ohio.
II. Eviction Complexities
There are other good reasons to hire an attorney to do evictions, even if the property is owned in the landlord's name (thus permitting pro se representation).
A. Three Day Notice Requirement and Issues of Timing
One is the three day notice requirement. Most landlords in Ohio realize that they must post a properly worded three day notice to vacate upon the rented property before they can file an eviction. But few landlords have a good grasp of the timing issues as they apply to the calculations of the three days.
Firstly, the three days do not start to run on the day that the three day notice is posted. Secondly, any day in which the court is not open does not count as a day. Let's look at an example of how this works.
1. Example of Three Day Notice Timing
Larry Landlord has a tenant who has not paid his rent. On January 12, 2006, he posts a properly worded three day notice to vacate upon the door. The day of the posting does not count towards the three days. Friday, January 13, 2006 will be the first day of the three day period which counts. Saturday and Sunday will not count. Monday, January 16, 2006 will not count either because it is Martin Luther King Day, a national holiday upon which the court is closed. So Tuesday, January 17, 2006 will be the sec ond day, and Wednesday, January 18, 2006 will be the third day.
If Larry Landlord has an attorney, that attorney will know that the eviction cannot be filed until the next Thursday, January 19, 2006, seven days later. But if Larry does the eviction alone, he might think that filing it on Tuesday, January 17, 2006 would be fine since more than three days will have passed.
If, at the hearing, the error is pointed out by the tenant, the tenant's attorney, or noted by the court, the eviction action will have to be dismissed. All of the filing fees spent on the eviction will be lost, the eviction will have to be filed again, and the tenant will walk away from the first eviction hearing with a new found confidence that he can beat any eviction that the landlord throws at him. Better then to use an attorney and only have to handle the matter once.
B. Thirty Day's Notice Sometimes Required.
Another timing issue arises in relation to the type of breach that the landlord is alleging. If the landlord is alleging a breach of the rental contract, then all that is necessary to start the eviction process is the posting of a properly worded three day notice to vacate. But if the landlord is alleging that the tenant breached the tenant's duties under Ohio Revised Code Section 5321.05, then the landlord must first notify the tenant in writing of the problem and give the tenant 30 days to fix it. Onl y then can the three day notice be posted on the door to start the eviction process.
Some landlords have tried to be too clever by half. They have inserted the text of Ohio Revised Code 5321.05's duties of the tenant into the lease agreement word for word, which enables the argument that any breach of R.C. 5321.05 would also be a breach of the lease agreement. But Ohio courts have seen through this and ruled that if the violation is a breach of both the law and the lease, the landlord must still give the 30 day notice.
Let's look at two examples.
1. Unauthorized Dog
Larry Landlord has a lease which prohibits the tenant from having a dog. Larry finds out that the tenant is violating this portion of the lease agreement. This is not a violation of Ohio Revised Code Section 5321.05 which says nothing about dogs. Thus, Larry Landlord does not need to give 30 day's notice before posting the three day notice to vacate.
2. Unsanitary Conditions
Larry Landlord has a lease agreement which says that the tenant shall keep all plumbing fixtures (sinks, toilets, tubs, etc.) in a clean and sanitary condition. During an inspection of the rented premises, Larry notices that the tenant is living like a complete pig, and that the plumbing fixtures are in an appallingly unsanitary condition. Larry would love to post the three day notice and get the eviction process going right away. But Ohio Revised Code Section 5321.05(A)(3) imposes a duty upon the tenan t to "Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits . . .".
Thus the tenant is violating both the lease and R.C. 5321.05(A)(3). Ohio Revised Code Section 5321.11(A) requires 30 days written notice from the landlord to the tenant to remedy any breach of the tenant's duties under Ohio Revised Code Section 5321.05. So Larry Landlord is going to have to give 30 days written notice to the tenant before he can post the three day notice to vacate. If the tenant remedies the problem within those thirty days, then the tenant will have a defense to the eviction.
C. Tips for the Wise Landlord
So the wise landlord hires an attorney to perform all of his or her evictions. In this way you can be more certain that the eviction will be done right and that possession will be returned to you as soon as possible.
Where can you find such an attorney? There are several places. You can contact your local bar association and ask to be referred to an attorney who regularly performs evictions. If you call any large apartment complex, the rental managers there will more than likely refer you to the attorney they use. If you know an attorney personally, even if he or she does not conduct evictions, he or she will very likely know someone who does.

About The Author

Eric E. Willison and Andrew J. Ruzicho II
All article contents copyright 2006 http://www.ohiolandlordtenant.com/unauthorized_practice.html

Landlords Corner Abandonment Clauses In Leases

2007-04-19T09:36:00.000+02:00

A. Self Help Evictions
Ohio Revised Code Section 5321.15 prohibits what are known in Ohio as self help evictions. A self help eviction is when the landlord locks the tenant out and/or disposes of the tenant's property without going through the statutory eviction process listed in Ohio Revised Code Section 1923.04. Landlords who engage in self help evictions can be found liable for actual damages (the value of the items lost) and attorneys fees.
Such landlords also face common law claims for relief sounding in conversion, trespass, and trespass to chattels. All of these are intentional torts, and at common law, can be a basis for an award of actual damages, punitive damages, and attorneys fees. Punitive damages can be in amounts which are designed by the courts to make an impression upon the landlord and dissuade the landlord from repeating such mistakes in the future. Thus if the landlord owns or manages a great deal of property, the court may award a large enough amount to make it hurt.
Thus it is clear that damages in self help eviction cases can be costly for the landlord. While tenants do face problems of proof (all of their receipts may have been destroyed along with their property) with the advent of computerization of credit card records and bank statements, it's not that hard to reconstruct the fact that certain purchases took place and for how much. Further, courts are somewhat sympathetic to the proof problems that tenants have in such situations as it was the landlord's misco nduct which gave rise to the proof problem.
Even in a case where the tenant cannot prove his or her damages, a court can still award nominal damages to the tenant. Nominal damages are important because they can serve as a basis for an award of punitive damages and/or attorneys fees to the tenant. At today's rates, the tenant's attorneys fees can be an expensive proposition.
Further, even a win in court will not be without costs for the landlord, as the landlord's counsel does not work for free, and the time spent on employee hours to prepare for the presentation of evidence and to attend hearings can be considerable.
Landlord's Corner - Abandonment clauses in leases
A. Self Help Evictions
Ohio Revised Code Section 5321.15 prohibits what are known in Ohio as self help evictions. A self help eviction is when the landlord locks the tenant out and/or disposes of the tenant's property without going through the statutory eviction process listed in Ohio Revised Code Section 1923.04. Landlords who engage in self help evictions can be found liable for actual damages (the value of the items lost) and attorneys fees.
Such landlords also face common law claims for relief sounding in conversion, trespass, and trespass to chattels. All of these are intentional torts, and at common law, can be a basis for an award of actual damages, punitive damages, and attorneys fees. Punitive damages can be in amounts which are designed by the courts to make an impression upon the landlord and dissuade the landlord from repeating such mistakes in the future. Thus if the landlord owns or manages a great deal of property, the court may award a large enough amount to make it hurt.
Thus it is clear that damages in self help eviction cases can be costly for the landlord. While tenants do face problems of proof (all of their receipts may have been destroyed along with their property) with the advent of computerization of credit card records and bank statements, it's not that hard to reconstruct the fact that certain purchases took place and for how much. Further, courts are somewhat sympathetic to the proof problems that tenants have in such situations as it was the landlord's misco nduct which gave rise to the proof problem.
Even in a case where the tenant cannot prove his or her damages, a court can still award nominal damages to the tenant. Nominal damages are important because they can serve as a basis for an award of punitive damages and/or attorneys fees to the tenant. At today's rates, the tenant's attorneys fees can be an expensive proposition.
Further, even a win in court will not be without costs for the landlord, as the landlord's counsel does not work for free, and the time spent on employee hours to prepare for the presentation of evidence and to attend hearings can be considerable.
View our Landlord's guide to Ohio landlord tenant law
B. Abandonment Clauses
In an attempt to get around these problems, landlords have inserted clauses in lease agreements which state that the tenant will be presumed to have abandoned the apartment if certain listed conditions occur. That way, they figure that if they can show the court that the listed conditions occurred, they will have a defense to the common law causes of action and the statutory violation of Ohio Revised Code Section 5321.15.
These clauses are not without their uses. Even if they are unenforceable, there is no penalty for having them in a lease in Ohio. Further, if a tenant does not know his or her rights, the clause may create a mirage defense such that a suit might be avoided if the landlord acts improperly and then points out the clause to the tenant. But in these days of readily accessible information on the internet, it is unwise to rely upon a tenant's ignorance of his or her rights.
>From the legal point of view, the real trouble with these clauses is that Ohio Revised Code Section 5321.06 prohibits the enforcement of any clause in a rental agreement which conflicts with Ohio Revised Code Section 5321.15. Further, Ohio Revised Code Section 5321.14 prohibits the enforcement of any clauses in rental agreements which a court deems unconscionable. Unconscionable clauses are those clauses which are so one sided, unfair, or overreaching that a court will not enforce them. Many abandonmen t clauses fit into this definition.
Ohio Courts have defined abandonment as the absolute unequivocal relinquishment of a right or status without regard to self or any other person. It is a virtual throwing away without regard as to who may take over or carry on. It is a total discarding of what existed or went before; and evidence thereof must be direct, affirmative or reasonably beget the exclusive inference of throwing away. Hamilton v. Harville (1989), 63 Ohio App.3d 27.
Thus to simply rely upon a clause in a lease that an apartment will be considered abandoned after the tenant has not been seen for two weeks is unwise. If a tenant is current on his rent, if the tenant's personal items are still at the rented premises, if items of value or sentimental value remain behind, this is strong evidence that the tenant was simply away and may be returning.
Remember the wording above about abandonment being an absolute unequivocal relinquishment? Now consider that abandonment is an affirmative defense for a landlord, meaning that the landlord bears the burden of proof on the issue. If you go to court and your only allies are your attorney and a piece of paper which the court may or may not enforce, you may find yourself behind the eight ball.
C. Cases Which Might Help You If You Are Behind the Eight Ball
Ohio's Fourth District Court of Appeals has upheld the enforceability of some abandonment clauses. In one case, the abandonment clause read as follows:
In the event Resident fails to remove all of their personal property from the premises upon the abandonment of the premises, Landlord may, at its option, remove all or any part of said property in any manner Landlord may choose and store the same without liability to Resident for loss or damage and Resident shall be liable to Landlord for all expenses incurred in such removal and storage of such property. For purposes of this Agreement, abandonment shall mean the Resident's apparent desertion of the pre mises. Haddox v. Moreland, 1996 Ohio App. LEXIS 3380 (August 5, 1996) Pickaway Co. App. No. 95CA20, unreported.
The Court ignored Ohio Revised Code Section 5321.13(D) which states in pertinent part as follows:
No agreement by a tenant to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or its related costs shall be recognized in any rental agreement or in any other agreement between a landlord and tenant.
It is pretty clear that the clause in the contract quoted above by the Fourth District is an attempt to limit a landlord's liability. The Court was likely swayed by the fact that the tenants in this case were not very likeable persons. The facts in this case showed that the tenants had left behind three dogs, one of which was found dead, wrapped in a towel, and the other two were alive in very poor condition. So the holding in this case might not carry much persuasive weight if the tenant in your case h as not acted in such an egregious fashion.
D. Tips For The Wise Landlord
The best course of action to take when you find yourself in a situation wherein you cannot be sure whether the tenant has abandoned the place is to file an eviction with the courts and get a writ of restitution. If the bailiff conducts the set out after a properly filed eviction, there will be no liability for the landlord if he or she is sued. The money that you spend filing the eviction will likely pale in comparison to the money you spend on an attorney to defend you on a 5321.15 claim. Even in cases where you are sure that the tenant has abandoned, it is a good idea to video tape the condition of the premises so that you can show a court the conditions which led you to believe that the apartment was abandoned, as this may lead the court to the same conclusion.
The wise landlord will make a practice of having tenants sign a document stating that they have left the property voluntarily as of a certain date and that any property left behind is either not theirs or abandoned. You should also preserve any communications with the tenant such as emails or letters in which the tenant stated that he was leaving and not coming back. Making an inventory of any items left behind is not a bad idea either. Storing valuable items in a safe place for a time is also a good id ea. This may limit the damages the tenant can assert against you.
Read more on Landlord Tenant Issues at http://www.ohiolandlordtenant.com

About The Author

Eric E. Willison and Andrew J. Ruzicho II
All contents of article copyright 2006 www.ohiolandlordtenant.com. Eric Willison and Andrew J. Ruzicho II began their Ohio tenant's rights web site in 1999.

Knowing when to Consult a Lawyer

2007-04-18T09:13:00.000+02:00

In this day and age, it's important to protect your rights in many different situations. Knowing when you require the professional services of a lawyer is important since many situations essentially demand it. Hiring a lawyer will typically cost you a large sum depending on the complexity and time required of your situation, so it is wise to understand when you really require legal services.
If you have been arrested or are being sued, contact a lawyer immediately. These types of situations are very cut and dry in terms of whether or not you need legal help. However, there are many of reasons other than existing legal problems that might be reason to hire a lawyer. For instance, if you are considering firing a problem employee from your business, you may want to consult a lawyer before you find yourself embroiled in a lawsuit.
If you're unsure if you need legal advice or assistance, a good question to ask yourself is what have you got to lose? If the answer is money, freedom, or other rights, then getting a lawyer is a wise decision. Again, you may not be prepared quite yet to hire a lawyer for your situation, but at least consulting one on your rights is a wise decision. For instance, if you are in the process of getting an amicable divorce, you may want to consult a lawyer to see what your rights are but not necessarily get one involved.
Before contacting a lawyer, you should understand the scope of your situation. There are many different types of lawyers, each dealing with distinct types of legal problems and situations. While most will immediately let you know if you need to contact someone else, it is a good idea to have a grasp on whose expertise it is you need. There are plenty of online resources to help you decide what type of lawyer you need.
If you think you may need a lawyer, it is vital that you act quickly. Certain situations are very time sensitive, such as suing for injuries sustained in an accident. There is a specific amount of time you have to file a lawsuit, so even if you're not sure what your course of action should be, consulting a lawyer is wise. They can help steer you in the right direction and let you know if they believe you have a strong case.
The legal world can be very confusing, frustrating, and frightening to many of us. Understanding what your rights are is the first step in resolving any issue, whether it's criminal, business related, or anything in between. Finding a qualified lawyer is the best way to make sure someone is fighting for your rights.
Copyright http://www.legalspring.com

About The Author

Cynthia Bates is an Internet specialist, and periodically writes legal help articles for http://www.legalspring.com.

Joint Custody in Divorce

2007-04-17T09:43:00.000+02:00

There had been a growing trend, in Ontario, in family and divorce law, over the last few years, for family courts to order joint custody of children. The hope, by some, was that the parenting skills of the parties could be improved with awards of joint custody. The recent Ontario Court of Appeal decision of Kaplanis v. Kaplanis, has tried to put this trend into perspective.
In this decision, the parties were married in 1998 and separated in January 2002. The parties had a daughter who was born in October 2001. At trial, the father requested joint custody and the mother opposed the application, stating that the parties could not communicate without screaming at each other. The trial judge granted the parties joint custody and the mother appealed the order. The appeal court set aside the order of joint custody and the mother was granted sole custody.
The Appeal Court held that, for an award of joint custody to be granted, there must be some evidence that demonstrates, that despite the parent?s own strong conflict with each other, the parties can and have cooperated and communicated appropriately with one another. In this case there was evidence to the contrary, there was no expert evidence to help the trial judge determine how a joint custody order would advance the child?s emotional and psychological needs and the child was too young to communicate her own wishes.
Approximately the same time this case was decided, the Ontario Court of Appeal also ruled on the case of Ladisa v. Ladisa, where the appeal court upheld the trial judge?s order of joint custody. In this case the trial judge had the benefit of hearing the evidence of the Children?s Lawyer who presented the children?s wishes and who recommended joint custody. It was held that the trial judge had heard evidence from third parties with respect to cooperation and appropriate communication between the parties . The trial judge also looked at the history of co-parenting during the marriage and that despite their intense conflict, the parties could and had effectively communicated with each other and placed the interests of their children ahead their own, when required.
To summarize, in Ontario joint custody cases, it would appear that the courts will now be looking more closely for evidence from third party and expert witnesses, which can demonstrate that the parties can and have cooperated and communicated appropriately and have been able to put aside their own differences and conflict, for the benefit of the children. The lack of historical cooperation and appropriate communication between the parties will greatly limit the success of a joint custody application. Th e assumption by some, that the granting of joint custody will improve the parenting skills of the parties, will not be a sufficient reason on it?s own to grant joint custody, in the absence of existing good cooperation and communication between the parties.

About The Author

Erwin Seltzer practices Family and Divorce Law and Wills and Estates Law in York Region and Toronto. Erwin can be reached at (905) 474-4333. www.erwinseltzerdivorcefamilylaw.itgo.com

Internet Detective Sites What Are They

2007-04-16T09:04:00.000+02:00

Over the last five years we have seen an emergence of a new type of website, commonly referred to as an "Internet Detective Site." These sites fill the need for people searches that are not easily accomplished using the currently available search engines. Here, we will discuss the various aspects of websites that offer online detective services.

We want to answer the most basic question, "What is an internet detective site?" The simple definition is "a collection of links." An internet detective site is a collection of links to resources that allow you to search for many forms of demographic information. Most of these links can be found for free on the internet, but it would take hours, if not days, to find them all by hand. Thus, an internet detective site is providing a service that saves the searcher valuable time by gathering and updating relevant search links. The price for this service usually ranges from $19.95 to $39.95. This is often a one-time fee which buys the subscriber a lifetime membership to the service.

Some of the most frequent uses include finding a phone number or address, reverse phone number lookup, cell phone search, finding a birthdate, finding an email address, or locating a lost friend or love. Other uses include background checks, criminal record checks, military record checks, and genealogy research. The list of search types is actually very long. Here is a partial list to wet your appetite:

1) Adoption Records
2) Aircraft Crash Database
3) Real Estate Brokers Directories
4) Census Data
5) County Ordinances And Codes
6) FCC Radio Licensee Search
7) Annual Corporate Reports
8) Court Records
9) Military Records
10) Criminal Records
11) Marriage Records
12) Copyright Information
13) Patent Information

Before embarking on your people search, consider saving yourself some time by purchasing a membership to an Internet Detective Site. A good place to start is The Detective Detective ( http://www.DetectiveDetective.com ), where you will find comparisons and reviews of the most popular internet detective sites.

Good luck searching!

About The Author

Scott Fromherz owns and operates a number of websites. He reviews and compares the popular Internet Detective Sites at http://www.DetectiveDetective.com.

Innovative No WinNo PayNo Risk Attorney Lawsuit Loan Provides Law Firms Savvy Financial Options

2007-04-13T09:46:00.000+02:00

Law firms work long and hard to achieve financial success. Today however a team of professional financial consultants have developed innovative tools to assist law firms achieve even greater financial success via a unique program called ?No Win?No Pay?No Risk? Attorney Lawsuit Loans.

With ?No Win?No Pay?No Risk? Lawsuit Loans cases are leveraged TODAY that deliver capital as the program unleashes potential future earnings sitting dead in a firms case files. ?No Risk? lawsuit loans are secured only by the case themselves as there's no reimbursement obligation a firm assumes if the case in unsuccessfully litigated. With ?No Risk? Attorney Loans, the investors not the firm absorbs 100% of the risk on every case leveraged, period doing such without involvement in the way a firm handles case management.

?It?s really a venture capital investment in a firm?s portfolio explained the founder of 1st Choice Funding, Kari E. Gray when recently interviewed about her companies ingenious approach to capital expansion. Ms. Gray continues, ?No entity can run on cash flow deficiencies, and until now, a law firms potential earnings were not considered a liquid asset by lenders and could not be leveraged. However ?No Risk? attorney loans provide a firm with its future earnings now vs. months and or even years from n ow when a case may settle. Accessing future earnings can make the difference in the way a firm is able to grow and expand and increase its future earnings capabilities compared to the current methods used by traditional practices.?

The ?No Risk? Attorney Lawsuit Loan approach complies with Bar regulations as successfully leveraged cases may pass on to the client, at the time of settlement, the expenses incurred for the loan in addition to contingent fees as apart of the cost to litigate. Thus the bottom line is: win or loose a case, a firm always wins with ?No Risk? Lawsuit Loans because ?No Risk? Attorney Loans provide ?Risk Free? capital without monthly payments, and this feature keeps firms cash flow uncompromised. ?No Risk? c apital provides an effective financial solution to the cash flow inconsistencies practices of all sizes must contend with.

1st Choice Funding?s investment portfolio group has collectively unlimited resources for funding as the company offers the following types of financial solutions;

1. Non Recourse Pre Settlement Funding
2. Non Recourse Post Settlement Funding
3. Full Recourse Pre Settlement Funding
4. Full Recourse Post Settlement Funding
5. Business Loans / Mortgage Loans
6. Tax Negotiation / Unsecured Debt Dissolution
7. Credit Repair
8. Life Settlements & More
(Please visit 1stchoicefunding.com/professionalindex.html for details & services).

Each firm has differing financial needs, but 1st Choice Funding's objective is to provide the lowest cost investment capital to law firms across the U.S. by this innovative approach. The ?No Risk? program also affords plaintiffs with Non Recourse Pre Settlement & Non Recourse Post Settlement Funding as well.
(Please visit 1stchoicefunding.com)

Under the ?No Risk? program investors do not ask for statements of personal net worth, indebtedness, or lists of assets as ?No Risk? Attorney Funding is secured by the practice's receivables, not its Partners' assets. After receiving the application and documents, an outline including funding amount, rate, duration, fees, and other important elements are determined based on risk. Upon funding a contract is provided for signature and a lien is then placed on the case as funds are wired to the Law Practi ce's account minus setup fees.

"No Risk" Attorney Lawsuit Loan Case Types Include:

Passenger Injuries
Pedestrian Injury
Personal Injury
General Negligence
Civil Rights
Employment Discrimination Whistleblower (Qui Tam)
Product Liability
Construction Negligence
Class Action Mass Tort
Zyprexa
Asbestos
Pharmaceutical Litigation
Airplane Accidents
Appeals
Commercial Torts
Assaults
Fen-Phen
Commercial Appellate Settlements
Sexual Harassment
Boating Accidents
Tobacco/Smoking
Burn Injuries
Worker's Compensation
Construction Accidents
Dog Bites
Maritime/Seaman's Claims
Medical Malpractice
Motorcycle & Bicycle Accidents
Nursing Home Neglect
Premises Liability
Product Liability
Railroad Claims (FELA)
Wrongful Death
Judgments
Structured Settlement
Tractor Trailer Accident
Slip & Fall
Settled Cases
Sulzer Hip
Jones Act
Discrimination Cases
Baycol
Toxic Mold
Wrongful Termination
Commercial Cases
Probate Cases
Select Divorce Cases
Select Canadian Cases

For more information log on to the company?s website at http://1stchoicefunding.com/professionalindex.html or request an application by email at: attorneyloans@1stchoicefunding.com and leverage the power of pending earnings today!

About The Author

Kari Gray
I am an entrpenuer who has successfully operated 3 seperate and corporations. Using boot strap philosophy, I have on limited budgets launched and operated each corporation to six figure earnings within 3 years of inception. As such I have over 20 years in business managment and am an expert in financial managment.
kg@1stchoicefunding.com

In Law Firms Biggest Does Not Always Mean Best

2007-04-12T09:46:00.000+02:00

Just because a law firm advertises that they are the largest or biggest does not necessarily mean that they provide you with the best legal services. McDonald's is the largest restaurant chain in the country. However, no one can argue that in order to get a good meal with great service, you would go to a fine family or gourmet restaurant. Also, going to someone who advertises as being the largest does not mean that you will get a break on legal fee s. For example, 99% of all personal injury law firms work on a contingency fee system, which is set by law as being 33 1/3 percent. So what do you get with a firm that claims to be the largest injury firm? Most likely you'll get an office that has a lot of attorneys working on a lot of cases, trying to get a quick fee at the expense of the client.
Anyone who is seriously injured needs a firm that has a reputation of having competent legal counsel. How do you know, one lawyer is better than another? You must do more than just rely on the firm's advertising. There are numerous long-established legal organizations, which rank attorneys. Many send surveys to other attorneys and judges who then rank the lawyers and firms. The oldest and most respected is Martindale Hubbell and their web site is www.MartindaleHubbell.com. Martindale Hubbell sends out yearly questionnaires to lawyers and judges that rank legal ability and ethical standards with a rating of a (superior), b (very good) or c (average) in legal ability and v for attorneys that meet applicable ethical standards. The firm that has the highest rankings is placed on their bar registry of preeminent law firms. Very few injury firms get this high honor. In addition, Thomson legal publishing publishes the Best Lawyers in America direc tory and their web site is www.bestlawyers.com. To get a ranking in best lawyers other lawyers need to nominate the attorney and their nomination is then voted on by their peers. There are also organizations that have very high standards in selecting trial lawyers and if members of the firm are admitted to these organizations, it is a further indicator of the ability of the firm. One is the American Board of Trial Advocates and their web site is www.abo ta.org and the American College of trial lawyers www.actl.com.
If you also know an attorney you can also ask for their opinion on the law firm. Although a general practitioner should not be handling a personal injury claim. They should be able to refer a client to a competent injury firm. The key thing to remember is that size does not equal competence. You need to do your homework, just as you would when buying a house or a new car. You need to find an attorney who has the ability to handle your matter in a way that assures you the best result possible.

About The Author

Anthony A. DiNitto is a partner of Faraci Lange, one of Western New York's leading personal injury firms. He can be reached at (585) 325-5150 or info@faraci.com. You can also visit us at www.faraci.com.
info@faraci.com

Injured Plaintiffs Win Today With No WinNo PayNo Risk Lawsuit Loan

2007-04-11T09:02:00.000+02:00

"No one pays much attention to how a person who has been injured is going to live while waiting for a case to settle, the legal system tends to put people who cannot afford to wait for their money at a disadvantage." - Boston Bar Association Ethics Committee Chairman, Gerry Cohen

With these words millions of U.S. consumers every year find out 1st hand the truthfulness of Mr. Cohen's assessment of the legal system; but who more so than the million each year who suffer tragically at the hands of greedy insurance companies.

"An injury ruined my life" describes litigant Ellen Spears who will soon be receiving a lump sum settlement with her insurance company after 7 years of fighting her own insurance company when the party she was involved with had no insurance. The ?extreme hardship I suffered from an Injured in both physical & mental suffering; this injury stole my health and it nearly killed me when I spent 2 weeks in a trauma unit where I nearly died. I now live with a lifetime of complications? Spears says of her inju ry.

The costs injured plaintiffs sustain are far more than the actual pain and suffering, as Spears states, ?injuries affect everything including your standard of living, you just can?t maintain the same earnings. Throw in future credit and borrowing and you begin to know the real long term side effects no one takes into consideration and that's why injured plaintiffs need help in many areas to recover."

Is there a solution? 1st Choice Funding offers injured plaintiffs many solutions and one is by offering cash in hand now when injured plaintiffs need it most vs. when settlement finally occurs. The program is called "No Win ...No Pay... No Risk" Lawsuit Loans and this innovative program puts Injured litigants in the position to receive cash prior to settlement with

No credit required
No employment needed
No monthly payments
No collateral
No risk of repayment on a lost case

A "No Win...No Pay... No Risk" Lawsuit Loan is unheard of from traditional banking approaches to lending money conventional lenders agree. ?1st Choice Funding?s Lawsuit Loans aren?t really loans at all and that?s why conventional approaches aren?t how we make determinations for funding? said 1st Choice Funding company president Timothy S. Gray, ?lawsuit loans are what consumers call them but in reality what they are advances made on future settlement, and that?s something conventional lenders just don? t understand.?

What does injured victim Spears think of the opportunity to get cash now vs. the lengthy settlement period? Spears says with conviction, "I can?t believe something good is coming out of all of this mess. I recommend it to everyone in the financial need my family and I were in."

Not only those with injuries from an Injured can obtain financial relief, 1st Choice Funding's resources provide "No Win...No Pay...No Risk" Lawsuit Loans for all these case types;

"No Risk" Lawsuit Loan Case Types Include:

Brain Injuries
Passenger Injuries
Pedestrian Injuries
Personal Injury
General Negligence
Civil Rights
Employment Discrimination Whistleblower (Qui Tam)
Product Liability
Construction Negligence
Class Action Mass Tort
Auto Accidents
Asbestos
Pharmaceutical Litigation
Airplane Accidents
Appeals
Commercial Torts
Assaults
Fen-Phen
Commercial Appellate Settlements
Sexual Harassment
Boating Accidents
Tobacco/Smoking
Burn Injuries
Worker's Compensation
Construction Accidents
Dog Bites
Maritime/Seaman's Claims
Medical Malpractice
Motorcycle & Bicycle Accidents
Nursing Home Neglect
Premises Liability
Product Liability
Railroad Claims (FELA)
Wrongful Death
Judgments
Structured Settlement
Tractor Trailer Accident
Slip & Fall
Settled Cases
Sulzer Hip
Jones Act
Discrimination Cases
Baycol
Toxic Mold
Wrongful Termination
Probate Cases
Select Divorce Cases
Select Canadian Cases

To find out more about this innovative service log onto the company website at http://1stchoicefunding.com and become informed about a long past due financial remedy for injured victims needing a financial solution or call the company toll free 800.839.0939 ext 1 for information on a Lawsuit Loan.

About The Author

Kari Gray
I am an entrpenuer who has successfully operated 3 seperate and corporations. Using boot strap philosophy, I have on limited budgets launched and operated each corporation to six figure earnings within 3 years of inception. As such I have over 20 years in business managment and am an expert in financial managment.
kg@1stchoicefunding.com

Identity Theft

2007-04-06T08:39:00.000+02:00

Identity theft is a growing problem in the United States, occurring in small towns and cities alike. Identity theft, as defined by the federal government, refers to the use of another person's identity or identification to commit crime. Most often, the identity thief uses a person's identity to rob him or her blind, using credit cards or cash to purchase whatever they want.
How often does identity theft occur? Identity theft often occurs from stolen pieces of paper. Wallets are often stolen, and the combination of ID and credit cards can be used to steal one's identity. According to the Identity Theft Resource Center; studies from 2003 show that 7 million people suffered from identity theft within a twelve month period of time, equaling approximately 13.3 people per minute.
There are many things that you can do to keep yourself from experiencing identity theft. One of the first things you can do is protect your social security number. Do not get it printed on checks or on your driver's license. Next, purchase a paper shredder. Once you've purchased it, put it together, plug it in, and use it! When in doubt, don?t toss it out. Shred it! Shred anything with your social security number, name and address, or any other pertinent information on it. In addition, keep a cl ose watch on your checking account and credit card statements. Report anything unusual as soon as possible.
Another place where information can and often is stolen is through the internet. Be sure to protect your password and learn how to place password protection on any documents you feel need secured. Invest in a firewall to keep other computers from accessing your internet connection.
In addition to this, beware of WiFi. WiFi enables individuals to log onto the internet with their laptops at various "hot spots" like coffee houses and restaurants. While convenient, it is imperative that you understand that others are on the same connection with others and thefts can takes place. Avoid checking your bank account information or even logging into your e-mail while on this type of internet connection.

About The Author

Sara Chambers is a marketing consultant and an internet content manager for http://www.identitytheftweblog.com.
saracham@gmail.com

How to Tell Your Children About Divorce

2007-04-05T08:47:00.000+02:00

Whether your divorce is amicable or contentious, when and how to tell your children can be a difficult issue. Your children may already know that there are difficulties in your home life and marriage, but you may be surprised at the level of their sophistication and knowledge about divorce. Even if they are relieved to hear that a difficult home life is about to change, do not ever underestimate the degree to which your divorce can impact your chil dren. The adults are not alone in feeling the stress and hurt of a strained family situation. You must take special steps to insulate your children and help them through the divorce process.
There is not one simple outline that provides all of the right answers and information on how to guide your children through the divorce process. When and how to tell your children about the divorce will depend upon your individual family dynamics, the maturity of your children, the ages of your children, the conflict level in your house, and your own individual preferences. If you are unsure of how to present this issue, it is a good idea to obtain professional help to do so. Many counselors are well versed in addressing divorce issues with children and they are available to guide you through this process with your children.
The type of divorce situation presenting itself in your family will have some impact on how and when you present this issue to your children. If you and your spouse are amicable, and your divorce is low stress, your children may not even be aware of the possibility of a break up. While that means that the divorce conflict has not impacted upon the children as of yet, it does not mean that it will not. Your children might be even more affected by the news that you are divorcing if they were unaware th at there were problems in your marriage. If you or your spouse has been working with a counselor, either together or separately, that counselor can lay out some simple strategies on how to tell the children. Basic information that you want to discuss with the counselor is whether you tell the children together or separately and what information you can or should give the children about what their living arrangements will be in the future.
It is never acceptable to disclose that you and your spouse are getting a divorce when you are in the middle of a conflict. To place blame on your spouse, or to provide information in a way that conveys blame or fault may make you feel better in the short run. In the long run it will hurt your children, and it will impact your long term relationship with the children's other parent. Also, courts frown on providing children with adult level information and details about your divorce. Do so and you ri sk hurting your legal case, if your divorce will be presented to a judge.
Most counselors will support a joint parental communication to the children about the pending divorce. However, a joint discussion about divorce with the children does require that you and your spouse be able to maintain a basic level of civility, if for no other reason than to maintain your children's peace of mind. If you and your spouse cannot be civil, do not attempt to discuss this issue together with the children.
If your marriage has been rife with conflict, your children may be aware of or even welcoming the relief of a parental separation and/or divorce. Do not be surprised if you find out that your children know more than you thought, even if you have been attempting to conceal the conflict from them.
The issues that your children want to be reassured about involve where they will live, where they will go to school, whether their activities and daily lives will be disrupted, and the degree to which they will be able to maintain their relationship with each parent. Teenagers can be particularly vulnerable and sensitive to disruption in their lives and schedules. If you are able to work out a parenting schedule with your spouse, it is acceptable to share that with the children to reassure them. It a lso can be acceptable to involve the children in the process of setting a schedule. However, that issue can be very delicate. You do not want children dictating to the adults and you do not want the children to have limited contact with either parent.
Above all else, do not discuss marital fault issues or the reason for the divorce with your children. Even if you think that your spouse is the worse miscreant on the planet, that spouse is your children's parent. Your children want to and are entitled to love both parents. That a spouse cannot make a marriage work does not dispossess them of the right to be a parent. More important, it does not dispossess the children of the right to love that parent and have a relationship with the parent.
Consider that you may have a range of reactions from your children about the pending divorce. They may not be surprised. Or, they could be upset and shocked. In many cases, even when they are not surprised, the children might be angry or blame themselves. Work with a professional to address all of these emotional reactions. Your children will adjust to your divorce, if you provide the proper guidance and assistance during that process.

About The Author

Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.com.
jmm@millenniumdivorce.com

How To Incorporate Yourself Without A Lawyer

2007-04-04T09:18:00.000+02:00

You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "Incorporating Your Business For Dummies" by The Company Corporation and "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas are two such books.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.

About The Author

J. Stephen Pope, President of Pope Consulting Inc., has been helping clients to earn maximum business profits for over twenty-five years. To learn more about incorporating yourself and other profitable Work at Home Small Business Ideas, visit http://www.yenommarketinginc.com/incorporation.html.

How to Handle Bus Accidents

2007-04-03T08:48:00.000+02:00

Riding a bus is a part of our everyday routine. It is in fact one of the most common means of transportation. Like any kind of vehicle, anyone can be involved in an accident as a driver of a car, the other car, a pedestrian or just anyone. If you have been one of them, you are entitled to file a claim. You can file it against the bus owner of the bus company. However, usually, the charge of this type struggle to acquire compensation for all the losse s, which includes lost wages, lost of earning ability, medical expenses and emotional distress.
If you want to file for compensation, you need to follow some basic steps. If you had been a victim, you need to see a doctor at once. You should not underestimate any injury ho matter how slight it is. Slight injuries might lead to serious cases without you knowing it. Then you can sort all information that you can collect such as the names, addresses, numbers and the insurance information, which is from the other witnesses and victims.
Only the enforcement officials can obtain information from the victims. Investigators and insurance representatives may just keep the claim complicated. A victim should always be careful in giving relevant information to other people without the advice of his lawyer. A victim should only make statements with his lawyer.
When there is a motor vehicle accident, time is the important factor in settling a claim. It is valuable and precious in settling for a claim. It should be done immediately. If a public means of transportation is involved in an accident, there could be a big hope of winning the lawsuit. The public buses owners need to make sure that they keep their passengers safe. They should practice safety measures and conditions. They need to count on the essential equipments to manage all the things that are relate d to the business.
Now if you know someone who have been in a bus accident, remind them that they have the sole right to fight for their condition and safety. They should not hesitate to talk to a professional lawyer regarding motor vehicle accidents. If it requires filing for lawsuit and compensation, they should not think twice because it can save their lives.
For more related articles, you may visit http://www.attorneyservicesetc.com.

About The Author

Karen Nodalo has graduated from the Bicol University specializing in Computer Science, she graduated with flying honors being one of the top notch students of the graduating class. She has been into writing for almost 5 years now, and has been into different topics. She has also been into student publications since her elementary years, giving her the much coveted exposure that writers of her kind battles for.
karen@rushprintingservices.com

How To Find A Good DUI Attorney

2007-04-02T09:22:00.000+02:00

You or someone close to you has been arrested for drunk driving. Innocent or not, you know you're a lot better off with an experienced DUI lawyer. So how do you find one? The suggestions provided below will help you find competent and ethical representation -- and avoiding the alternatives.
The best source for finding a good DUI lawyer, of course, is a referral -- a recommendation from someone you trust. This may be a family member or friend who has faced DUI charges before, or it may be your family or business lawyer who can make educated inquiries. Perhaps the best source of referral is to ask a police officer, or go to a courthouse and ask a bailiff of court clerk: Who is the best you've seen? Who would you retain if you were arrested?
One possibility that may come to mind is a referral service of the local Bar Association. This is generally not a good idea, as you will usually be referred to the next attorney on a list of members; the only requirement for inclusion on the list is the request to be placed on it.
Failing a recommendation from a trusted source, the best approach is research on the internet. A lot can be discovered about DUI laws, evidence, procedures, penalties -- and about lawyers who practice in this technical and complex field. There will, of course, be unending advertisements, self-promoting websites and, least useful, endless "directories" of DUI attorneys who have simply paid a lot of money to be included.
One excellent resource is the membership list on the website of the National College for DUI Defense. This is a professional organization of over 800 attorneys nationwide who emphasize drunk driving defense in their practices. Although membership is no guarantee of competence and/or ethics, it is usually a good indication the lawyer is serious about this field. The College emphasizes the education of the Bar through seminars, most notably an intensive annual 3-day seminar at Harvard Law School, and has been recognized by the American Bar Association as the only organization authorized to Board-certify attorneys as "DUI Defense Specialists", a process that is extremely demanding.
In making the important decision of which attorney to have defend you, the following should be considered:
a) DUI defense is a technical and highly specialized field: Does the lawyer handle drinking and driving cases only - or does he accept other types of criminal or civil cases as well? (This would be like a family doctor attempting brain surgery, cancer research and heart transplants.) What percentage of the attorney's caseload consists of DUI Cases?
b) Does the lawyer have access to technical expert witnesses in police procedures and blood/breath analysis? Will blood samples be reanalyzed by a lab?
c) Does the attorney make promises as to the results he can get in the case? This is something no ethical attorney would do, as specific results are unpredictable.
d) Are fees fully explained and set forth in a written contract? Is the fee simply an initial retainer, or is it all-inclusive? Do the fees cover such "extras" as the license suspension hearing, expert testimony, blood reanalysis, trial, subpoena costs, etc.?
e) What is the lawyer's rating with the Martindale-Hubbell International Directory of Attorneys? (The highest rating for competence and ethics is "A-V.")
f) Did the lawyer attend a reputable law school? Is he a member of the National College for DUI Defense? Is he Board-certified by the College?
g) Have there been any State Bar complaints against the attorney? (Most State Bar Associations maintain disciplinary records online.)

About The Author

Lawrence Taylor is the senior member of an AV-rated law firm of California DUI attorneys practicing drunk driving defense exclusively. See http://www.duicentral.com/ for more information.





More Free Legal Info.....

How To Deal With Catastrophic Personal Injury Cases

2007-03-30T09:52:00.000+02:00

It is always a good option to ask for specialized legal support in case of catastrophic injury cases. Some of the injuries may be catastrophic but if taken care of properly, chances are that the victim may recover excellently. Significant suffering, permanent disability can significantly shorten an injured person?s life span. Some of the biggest opportunities in life will be a risk and he may suffer it for a long period. The worst thing that could ha ppen is suffer it for a lifetime. This kind of situation needs compensation because the victim has lost a big part of his life.
Some catastrophic injuries can call for a life long span of medical care or even the constant surgeries. It will be helpful to have an attorney who can fully understand the recovery and treatment process. For example, a child severely burned may require constant surgeries that will accommodate growth also with the various cosmetic surgeries. A child who has a bone fracture that may affect the growth plate may experience some bone stretching procedures that will bring him so much pain during the recovery . His affected limb will not be normal if he finds no luck.
An attorney who is aware of the long-term effects of the injuries will be able to handle the cases properly and accordingly. He can negotiate for your compensation and take back everything that you have lost. If you want to get the best personal injury lawyer, you can check out from the different websites and you can ask your friends who have experienced the same situation as yours.
Life has many trials and tragedies and many people experience injuries and some could not even recover from the injuries. If your loved one has experienced catastrophic injury, you need to seek aid and help from an attorney who has experienced cases of catastrophic physical injuries. He should also find possible sources for your recovery. You need to choose one who can assist you in obtaining the benefits. .
A catastrophic personal injury case needs immediate action and supported with the important details and proofs for the claim. Every person is entitled to live a normal life that no one can take away but if it happens, just compensation is the remedy. Even a single fracture to a broken leg is important because it calls for a big risk in the future.
For more related articles, you may visit http://www.mesrianilaw.com.

About The Author

Karen Nodalo has graduated from the Bicol University specializing in Computer Science, she graduated with flying honors being one of the top notch students of the graduating class. She has been into writing for almost 5 years now, and has been into different topics. She has also been into student publications since her elementary years, giving her the much coveted exposure that writers of her kind battles for.
karen@rushprintingservices.com





More Free Legal Info.....

How To Choose A Divorce Lawyer In Toronto

2007-03-29T09:17:00.000+02:00

Choosing a Divorce Lawyer or a Family Lawyer in large urban centers such as Toronto, Thornhill, Markham, Richmond Hill and Vaughan, can be very challenging due to the large amount of divorce lawyers and family lawyers practicing in these areas in Ontario.
Experienced divorce lawyers and family lawyers can help you through a very stressful time in your life and also help you avoid very costly financial and emotional mistakes. Very difficult and life altering decisions must be made, affecting many personal and important issues, such as child custody, child access or visitation, joint custody, child support, spousal support, property division, debt division, equalization of net family properties, the matrimonial home, separation agreements, among many other s. Choosing the right divorce and family lawyer is the key to obtaining the best results in your divorce.
You and your children?s rights and well being may be affected for many years in the future. Divorce and family laws are full of many legal technicalities and are frequently subject to legal interpretation and your divorce lawyer or family lawyer must be experienced in these areas. Issues of child custody and child support can profoundly affect your children?s ongoing development.
If you or your spouse is considering divorce proceedings, it is essential that you consult a divorce and family lawyer to find out your rights and obligations. Do not sign anything or take any action that can affect you or your children?s rights, without getting proper legal advice from a qualified family and divorce lawyer.
Hiring the right divorce and family lawyer requires more work than simply looking through your local yellow pages. You can start your search for a divorce and family lawyer by talking to friends and family and asking for referrals. Contact your real estate or business lawyer for a referral to a family and divorce lawyer. There are many other ways to find divorce and family lawyers as well. When you have found some, Google the divorce and family lawyers? names and read any articles they may have written.
Family and divorce lawyers should be chosen on the basis of their experience and years of practice. Does the divorce lawyer specialize in, or primarily handle, divorce, child custody, child access or visitation, joint custody, child support, spousal support, property division, debt division, equalization of net family properties, the matrimonial home, separation agreements and all other related family and divorce law issues. Lawyers who also practice business law, real estate, criminal law etc. are gene ralists and do not specialize in divorce and family law.
When you meet with a family and divorce lawyer, ask questions but, prepare your questions in advance ? how is child custody, child access or visitation decided, what is joint custody or shared custody, how much will you receive or will you have to pay for child support and for how long, how does spousal support work, how will your property be divided and what is included, what happens to your home, who pays for your debts and loans, how much will it cost, what steps are involved in the process, how long will it take ? can you settle or do you have to go to Court, what is a Separation Agreement -
Ask what the lawyer?s philosophy is about negotiating a settlement or litigating (going to court should be a last resort).
The family and divorce lawyer should be explaining all this and much more to you at your first meeting. Make sure the divorce and family lawyer you choose, answers your questions and makes you feel that you and your case is important and not just another number. Your lawyer should not talk to you in legalize but in plain ordinary language so that you understand exactly what is going on and what will happen in the future. You must choose a lawyer who you feel comfortable with and with whom you can trust to reveal your personal and confidential information and someone who will not make you feel foolish or uncomfortable for asking questions about things you do not understand.
Your divorce and family lawyer should be compassionate and understanding due to the emotional issues involved. Many divorce and family lawyers have gone through their own personal divorces and have experienced your situation personally as well as professionally and may be in a better position to empathize with you and understand exactly how you are feeling and how they can help you better.
www.erwinseltzerdivorcefamilylaw.itgo.com

About The Author

Erwin Seltzer has practiced Family and Divorce Law in York Region and Toronto for over 25 years. Erwin can be reached at (905) 474-4333.
www.erwinseltzerdivorcefamilylaw.itgo.com





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How to Avoid Divorce

2007-03-28T09:18:00.000+02:00

Every marriage hits a rough spot occasionally. And while not every marriage should attempt to be salvaged, a great many more than are saved today should and can be through concerted efforts. So, the first step in avoiding divorce is recognizing that the fact that you have come to this point in your relationship is not unusual, but it does indicate that something must change if it is to survive. But before you go through a mental litany of everythin g that needs to change as justification for giving up, realize that there is help out there and if you are willing to put in the time and commitment, you can make your marriage work even when it seems that you and your partner have reached the end of the road.
Marriage Counselling
Marriage counselling can be a very effective instrument in putting a marriage that seems to be going down the divorce path back onto the right track. Counselling helps couples to identify the root of their marital problems and solve them with a little help from a professional counsellor trained in mediation. Finding an effective marriage counsellor, however, requires a bit of work on your part. Many counsellors will offer a free consultation. Ask for recommendations from friends, but in part you shoul d call 10 or so counsellors, ask for their price packages ahead of time and then schedule consultations with the 3 or 4 that meet your pricing needs. Make sure that when you go into these consultations you grade the effectiveness on how BOTH you and your spouse feel about the individual.
Self Help
There are also many self-help tools available in the market today. There are some excellent books and articles on how to make marriages work, how to re-ignite the spark in a relationship and how a few simple steps can bring back the love in a relationship that had turned hateful. Both partners can get a lot of inspiration, advice and ideas on how to make relationships work from such books and articles. You can even find help when you think there is infidelity in your marriage. There are books and articl es out there, which tell you why people cheat or stray out of line and what you can do about it.
The common thread in all of these self help guides is communication and understanding. By making an effort to understand where your spouse is coming from, and them where you are, and then making compromises and communicating, most marital problems will become alleviated.
Resorts
Then there are many resorts that are specially designed to create an ambience which is conducive to romance. These vacation packages are easy to find and require only that you be on the look out. The point of these resorts is to reinvigorate a relationship by introducing some of the passion and spontaneity that over time can be watered down by obligations and daily responsibilities. These events attempt to eliminate outside stresses so that you can focus on your spouse, and in so doing rekindle the lo ve you feel for one another.
All in all, if you are willing to put in your best efforts to stop your marriage from slipping away, there is now help at hand and you need not have to fight alone. By utilizing the tools of counsellors, self help and resorts you can go a long way to giving your marriage the best chance for survival. But beyond survival, these tools can help ensure you a happy lifelong relationship.

About The Author

Jonathan Brown recommends that you visit http://www.ottawamarriage.com/ for more information on how to avoid divorce.
johnbrown3219@gmail.com





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How The Gift Tax Works

2007-03-27T08:16:00.000+02:00

Each year millions of Americans give a gift to other individuals that they know. Gifts can be considered anything from a new vehicle, to a trip, to a piece of land. A gift tax is a tax that is imposed when an individual gives away a certain amount of gifts that are considered valuable.
According the Internal Revenue Service (IRS), an individual who gives a gift or a combination of gifts to one person that is valued at over eleven thousand dollars must pay a gift tax. The Internal Revenue Service (IRS) does not require that the individual who received the gift pays the gift tax. The only individual who is responsible for reporting and paying the gift tax is the person who gave the gift away. A gift is when something is given away at no cost. The Internal Revenue Service (IRS) defines a gift as something that is given away without receiving anything of similar value in return. Gifts that are recognized by the government include property and money.
There are a number of exceptions to the gift tax imposed by the Internal Revenue Service (IRS). Gifts that are given to a spouse are not considered taxable. Another gift tax exclusion includes gifts that are used for education or medical expenses. This gift tax is often applied when a close family friend or family relative pays a portion of the college tuition expenses or medical expenses of someone they know. Gifts that are given to a charity are also not considered taxable. Individuals can donate thei r land, their vehicle, or money to an established charity and it will not be considered taxable. http://www.taxhelpdirectory.com/taxstratagies/.
Individuals who give a taxable gift that exceed eleven thousand dollars are required to file a Form 709: United States Gift (and Generation-Skipping Transfer Tax Return). The Form 709 can be obtained by contacting the Internal Revenue Service (IRS) or by printing the form off of the Internet. It is also possible to obtain an online form by visiting the website of the Internal Revenue Service (IRS) at http://www.irs.gov. This form comes in a PDF format that al lows individuals to enter in their information using the computer, and they can print off the completed forms to be mailed to the Internal Revenue Service (IRS).
In addition to the eleven thousand dollars a year gift tax restriction, individuals are also subject to a lifetime gift tax limit. That lifetime limit is one million dollars. Individuals who exceed one millions dollars in gifts in any number of years are required to start paying taxes on any more gifts that are given in the future. This means that even if an individual gives a gift that is less than eleven thousand dollars, the next year they are still required to pay a gift tax because they exceeded th eir lifetime gift tax allowance.
Giving another individual or charity a gift of money or property is a great way to reduce the likelihood of having to pay an estate tax later on in life. In addition to offering a number of tax benefits, a gift also allows individuals to give back to their children, family, friends, or community.

About The Author

Gray Rollins is a featured writer for the Tax Help Directory. To learn more about the gift tax, visit http://www.taxhelpdirectory.com/morehelp/gifttax/ and for more answers to tax questions, visit http://www.taxhelpdirectory.com/morehelp/taxquestion/.





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How Are You Liable Under The Sarbanes Oxley Act

2007-03-26T09:22:00.000+02:00

With the passage of the Sarbanes Oxley Act, two different legal routes for punishment were created, one for criminal penalties and one for civil penalties.
The civil penalties for the Sarbanes Oxley Act are listed under 15 U.S.C. ?7241 (Section 302). These penalties are designed to make certain full and accurate financial disclosure is made, and requires signing officers to be personally accountable for the papers they are signing off on. Implicitly under the Sarbanes Oxley Act, they are agreeing that they're responsible for establishing and maintaining internal controls, and that they have ensured that all of a company's material information necessary for investors to make intelligent decisions is made known by internal procedures of the company.
This guarantees that, unlike the MCI and Enron officers of yesterday, tomorrow's executives cannot plead ignorance. If they are ignorant of the daily finances of their own company, they have no one but themselves to blame. After all, they were the ones who designed the internal controls and promised to ensure these controls worked properly.
In addition, under the Sarbanes Oxley Act officers are required to evaluate the effectiveness of these controls, and to report on their conclusions after the testing.
Section 404 also requires that management produce an internal control report for each annual Exchange Act report. These reports guarantee every year that management signed off for responsibility on under the requirements of the Sarbanes Oxley act. Ultimately, Congress has made the SEC responsible for ensuring regulations related to these provisions are communicated and enforced.
Criminal Penalties for Violating the Sarbanes Oxley Act
Criminal penalties for the Sarbanes Oxley Act are found under 18 U.S.C. ?1350 (Section 906). Among them are:
1. a whistleblower's protection clause;
2. a clause invoking criminal penalties if corporations destroy, alter, or conceal documents relating to a criminal or civil investigation by the Federal government, or that relate to a bankruptcy proceeding;
3. a clause extending criminal liability to accountants who do not maintain a complete audit paper trail.
Federal mail fraud statutes have been extended to cover many fraudulent business practices associated with the Sarbanes Oxley Act and very serious criminal as well as civil penalties for corporate officers who certify financial statements as accurate when they are aware that these statements are not.
Corporate officers are highly liable in many phases of the Sarbanes Oxley Act. Moreover, ignorance is not an acceptable excuse. Corporate officers are expected to be accountable for the contents of anything they sign off on, and if they don't know what's in the document it's considered to be their own fault.
Oddly, the one item not specifically listed as making you liable for either civil or criminal penalty is not signing off on financial statements at all. This may be to prevent corporate officers who dispute the accuracy of a statement from being damaged by someone else's errors.
In order to protect yourself from penalties in the Sarbanes Oxley Act, you should get some sort of training on how the Sarbanes Oxley Act affects you specifically. For larger corporations, complete training for each section of your company affected, as well as overall training to let each section know how the Sarbannes-Oxley Act affects the company at large, is recommended.

About The Author

Earl Powers, US Lawyer and Sarbanes Oxley Bill expert at Aquest Group LLC ( http://www.sarbanes-oaxley.info ) publishes other articles related to Sarbanes Oxley Bill at http://www.sarbanes-oxly.info and http://www.compliance-sarbanes-oxley.info.





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Hiring a Real Estate Attorney

2007-03-23T12:27:00.000+02:00

The decision to involve an attorney in your real estate transaction depends upon your personal requirements. One of your real estate agent?s responsibilities is to advise you in the process of addressing your personal needs and helping you to achieve them.
Choosing an attorney to advise you can be an asset from the moment the first offer is made until the time of closing, or as a way to request assistance as needed throughout the process of the real estate transaction. Attorneys can assist with things such as title issues, preparation or review of the deed, counsel regarding how to take title, zoning ordinances, lien issues, and closing assistance.
If you are considering a complex transaction, then you may be wondering how to go about finding the right real estate attorney for your needs. A few recommendations would be to ask your real estate agent, ask family and friends, call the local Bar Association, conduct telephone interviews, and request a written list of references.
Keep a written record of each attorney that you interview, and rate each potential candidate according to their skills, effectiveness and fees. Note whether they charge a flat fee or by the hour.
Of course, having a good agent that offers assistance in those aspects of real estate transactions is the best way to meet your legal needs. Always consult your agent before making any decisions in choosing a real estate attorney.

About The Author

Michael Williams is a licensed real estate agent serving the metro Phoenix, Arizona area. To find residential property listings in Phoenix, or to sell your Phoenix home, visit his real estate website at http://www.coolazproperties.com.





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Helpful Tips for Lawsuit Loan Brokers

2007-03-22T10:52:00.000+02:00

The world of a lawsuit loan broker is often turbulent due to a cyclical industry, inconsistent litigation financing companies, and the struggle to weigh advertising expenditures vs. the resulting leads. You (litigation broker) must not only survive but must flourish during active times of the year in order to be able to survive the downtimes. First of all, let me quickly define what is a lawsuit loan and a lawsuit loan broker:
Lawsuit loan: A cash advance based upon the merits of a lawsuit that provides a plaintiff with sufficient funding to reach the conclusion of the case when the plaintiff will receive his/her fair share of the settlement or verdict. Lawsuit loans are not based on a plaintiff?s prior credit or bankruptcy status. Lawsuit financing companies give non-recourse funding to plaintiffs thus requiring the plaintiff to pay back the advance and fees/interest only upon a favorable decision in the case. If the case is lost then the cash advance is kept by the plaintiff with no obligation. Therefore, a lawsuit loan is not a true ?loan? but rather a pre-settlement cash advance also know as: litigation funding, litigation finance, litigation loan, lawsuit funding, lawsuit cash advance, case loan, case cash advance, plaintiff cash advance, litigant funding, pre-settlement loan, and pre-settlement lending.
Lawsuit loan broker: A person who seeks funding for their client (plaintiff) who is in need of a lawsuit loan. Lawsuit loan brokers are also known as: litigation funding broker, litigation finance broker, litigation loan broker, lawsuit funding broker, lawsuit cash advance broker, case loan broker, case cash advance broker, plaintiff cash advance broker, litigant funding broker, pre-settlement loan broker, and pre-settlement lending broker. There are no barriers to entry so anyone can become a litigat ion broker.
The following are tips to help you succeed in this challenging industry:
1) Research the industry nuances
The litigation financing industry is a cyclical industry. There is heavy volume during the November and December months as plaintiffs find themselves in need of money to pay for increased utility bills and increased credit card bills due to the upcoming holidays. Then there is a slowdown that starts around the middle of January and continues until April when it levels-off. You should keep this in mind when marketing and advertising because advertising dollars can be spent more wisely if they are spen t during certain times of the year.
2) Understand your clients
You must understand plaintiffs? situations in order to properly help them. These are people who many times have been seriously injured, cannot work, and have mounting bills that they cannot pay. They have already found themselves asking for help in the way of hiring an attorney and bringing suit against another party. Now, they are again asking someone for help since their wait for any settlement money is usually months if not years away. If you understand your clients? situations then you will be r ewarded in terms of helping them find much needed funding but also in the way of future business. The percentage of repeat lawsuit loan applicants is high therefore the chances are good that your client will be calling you again or they will pass your information to a friend who may need your help.
3) Understand your funding sources
You may have a solid rapport with all of your clients (plaintiffs) but how well do you understand the litigation financing companies that you use? Do you know the states and/or case types that litigation financing companies specialize? If not then the lawsuit loan can take days or even weeks longer than it should to get an answer from the funding company. Do you know that some litigation financing companies reserve the right to broker lawsuit loans that you originally sent to them for funding? You s hould do the following, either research every litigation financing company in the industry (~60 plus) or you should use The Funding Exchange (www.TheFundingExchange.com). The Funding Exchange is the front-end to many of these litigation financing companies and it allows you to submit one lawsuit loan application. The Funding Exchange?s rules engine analyzes the application and it assigns it to the most appropriate litigation financing companies i n the industry. The Funding Exchange also allows you to set your own brokerage commission so you are not locked-in to low brokerage commissions.
4) Start with a small advertising budget
The biggest mistake that new lawsuit loan brokers make is that they overspend on advertising immediately. New lawsuit loan brokers are so excited to start in this new industry that they spend big advertising dollars initially and end up spending too much in the wrong places and end up in a hole. Start small and start advertising in different mediums such as: local newspapers, local radio stations, local personal injury attorneys, etc. There is no right or wrong place to advertise but you should defin itely start small to see what works and then expand your budget accordingly.

About The Author

Tony Perkins is the founder and president of The Funding Exchange which connects the top lawsuit lending companies in the country to lawsuit loan brokers searching for funding for their clients. The Funding Exchange is not a lawsuit lending company but rather it is an independent 3rd party company that routes a high volume of broker applications every day to its network of lawsuit lending companies.





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Health and Safety

2007-03-20T09:33:00.000+02:00

Health and safety culture is often seen as an obstacle to making money. However, by doing nothing each business is taking a major risk in leaving its assets exposed to other third parties. By making a reasonable investment each year, you can protect your hard won assets.
Ask yourself this
Is the business covered?
Do I know everything I should?
Do I have Asbestos in my building (Asbestos dust the silent killer)
What affects the business and employees?
Is my business service user-friendly to persons with disabilities?
Would I be prepared to let the company be ?named and shamed? through failings that could easily be avoided?
Central Safety Consultancy Services Limited (CSCS) is a customer-focused organisation providing a range of services designed to assist clients fulfil their duties under current legislation.
We would anticipate that our fee proposals will not be matched by any other provider offering a similar service. However, we would suggest that our fee is not of prime importance when considering our appointment.
What is important is that your organisation recieves quality advice on becoming compliant with health and safety legislation.
We take pride in the fact that for many of the projects for which we have been commissioned we have been able to use our knowledge and expertise to enable organisations achieve their strategic goals whether that would be legal compliance or best practice but more importantly help to achieve them..
Simply put - sensible advice at sensible cost.
Do yourself a favour. Resolve today that before this year ends you will get you health and safety checked. Ensure you are on the right side of the law.
Why delay? For a review of your present health and safety performance, contact CSCS for your FREE, no obligation initial health and safety survey.
Whatever your safety requirements, we are always on hand to answer any query you may have.
If you require any further information on health and safety issues why not send email to info@centralsafetyconsultancy.co.uk and one of our team will contact you shortly.
www.centralsafetyconsultancy.co.uk

About The Author

David Cant is Qualified Health and Safety consultant who owns his own consultancy practice Central Safety consultancy Service Limited operating throughtout the UK. if you have any questions regarding health and safety you can drop him an email if you so wish at david@centralsafetyconsultancy.co.uk.




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Going To Court To Beat A Speeding Ticket

2007-03-19T09:48:00.000+02:00

So you find yourself with a slip of paper that contains both a dollar amount and a date. It's the dreaded speeding ticket. You look at it and realize that you have two choices. You can pay the fine and subject yourself to the possibility of higher insurance premiums or you can plead "not guilty" and appear in court.
Depending on how fast you were going over the legal, posted speed limit, it might be wise to consult with a traffic ticket specialist. However, many people are ticketed when their speed is over the limit, but not dramatically. These people would do well to save the money associated with an expert and take the matter into their own hands.
It seems daunting to imagine going into court without a lawyer or someone familiar with the ins and outs of speeding tickets. All the average citizen needs to do is research traffic laws and come prepared with whatever materials they feel will help them fight the citation.
It's important to note that when you do have a court appearance often the officer who issued the ticket will be there to testify as well. If you admitted speeding to him or her, your defense becomes that much more difficult. Admitting guilt of speeding is accepting the guilt. If you've done that your best remedy will probably be to pay the fine. You could try and explain your speeding a couple of different ways. One is that you have to increase your speed because of someone else's careless driving. For instance, if someone is right behind you driving fast and you become concerned that they are going to hit you, you might increase your speed to avoid that. This defense is probably not going to work but if it what happened, than sharing it with the judge is important. Another could be road conditions. If there was something on the road, you might have sped up to pass it, or to avoid it. Again, this is difficult to prove and a judge might be skeptical.
If you weren't able to see the posted speed because the sign was either covered by some foliage or perhaps knocked over, there are important steps you need to take before you go to court. As soon as possible after you have been ticketed, you need to take pictures of the sign in the same condition you saw it in. It's crucial that this be done quickly. Having that type of evidence to show the judge, will allow him or her to see that although you were going over the posted limit, not having knowledge of th at limit might have played a role in your infraction.
Taking the issue of your speeding ticket to court involves being prepared. Bring any notes or pictures that you have taken since that day. Be ready to take the witness stand and tell the truth in regard to what transpired when you received your speeding ticket. Also, be of the mind that although you've put time and effort into your own defense, you might still have to pay the fine as it was administered to you initially.

About The Author

Brandon C. Hall maintains (www.freeinfoblog.com) which contains many articles and resources on beating speeding tickets at (www.freeinfoblog.com/category/speeding-tickets). There is also information on dozens of other topics.





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Getting to know your Attorneys and their Responsibilities

2007-03-16T09:34:00.000+02:00

Almost all lawyers are subject to severe standards of professional responsibility which are set forth in the codes of ethics, conduct and privileges, and rules of professional conduct recognized by state bar associations. Your lawyer may have other responsibilities to you, which depends on your case and the ethical rules that apply in your jurisdiction.
Your lawyer must stand for you ethically, enthusiastically and within the bounds of the law. He must competently analyze legal issues and exercise knowledge of the law applicable to your case. He must converse with you in a appropriate and effectual manner. He owes you, as the client, a duty of loyalty because he can't at the same time stand for you and another client with legal interests that conflict with yours. For so long as he continues to stand for you, your lawyer is essential to follow your inst ructions in managing your case unless those directions are against the law.
If a lawyer fails to put up with by the aforesaid rules, he can be closely prohibited by any bar organization of which he is a member. It's probable the lawyer may even be disbarred for grave violations. Criminal examination is also an option. And a failure to meet the terms with the rules may be the foundation for a misconduct action.
Your lawyer must keep your individual property apart from his own property, and must keep your money in an escrow account. Any time you command it, he must return your money or possessions. Except in unusual conditions, he is obligatory to keep client confidences confidential. Depending on the influence, lawyers may be proscribed from having personal associations with their clients. Except if he first obtains your informed written consent, he is prohibited from taking on illustration that is unfavorable to your interests.
When you converse with an attorney about a legal matter, your connections with him are confidential. This means that subject to some very inadequate exceptions, and unless you give authorization, he can't reveal any information you present to a third party. Such duties and errands may include: being honest with your lawyer, being accommodating with and approachable to your lawyer, being obtainable to your lawyer and attending legal measures, as requested, and paying your legal bills in a well-timed mann er.
These duties and responsibilities are pretty common sense, so they may be indirect even without a retainer agreement that specifically reduces them to writing. In spite of, a failure to stand for by them may outcome in a lawyer deciding to finish your client relationship.
For more related articles, you may visit http://www.personalinjurydefenders.com

About The Author

Karen Nodalo has graduated from the Bicol University specializing in Computer Science, she graduated with flying honors being one of the top notch students of the graduating class. She has been into writing for almost 5 years now, and has been into different topics. She has also been into student publications since her elementary years, giving her the much coveted exposure that writers of her kind battles for.
karen@rushprintingservices.com





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Gem State Idaho Child Support

2007-03-15T09:51:00.000+02:00

Establishing and Enforcing Idaho Child Support Orders
If you do not already have a child support order, Idaho Child Support Services office can help you navigate the legal requirements to get one. To begin the process, you must provide as much information as possible to the child support office regarding your child and the non-custodial parent. Information that may be requested includes contact information, birth dates, Social Security numbers, and employment details. Child support orders are established through the court system. Therefore, Idaho Child Su pport Services office does charge fees for this service. If the other parent does not contest the child support order, you will be charged $330-$360. If it is necessary to go to court to establish the child support order, you will be charged $475. In most cases, the non-custodial parent will be required to pay the legal costs associated with getting the child support order.
Once a child support order exists, Idaho child support office can enforce it through such actions as income withholding, intercepting tax refunds, suspending licenses, or reporting debts to credit agencies.
Changing a Child Support Order
Either parent can request a review of the child support order if he or she feels it should be changed. In Idaho, all changes to child support orders must be signed by a judge, but to avoid unnecessary legal fees, you can request the Idaho?s Child Support Services office reviews the child support order and circumstances before beginning the legal process. If you would like to request a review of your child support order, you should submit a letter to your local child support office, explaining why you b elieve the order should change. Idaho?s child support office will review a child support order every three years, or if there has been a major change in the financial or custodial circumstances of the case.
When a review is requested, Idaho child support office will send a letter to both you and your child?s other parent to request information about your case. You will have 30 days to provide the necessary information. When the review is complete, the child support office will send a letter to both parents explaining their decision.
If both parents agree to the changes suggested by the child support services office, you will be asked to sign an agreement. A judge will then review the changes and sign the order. If both parents do not agree to the suggested changes, a court date is set, and a judge will decide if changes should be made to the order. The legal process of changing a child support order may take up to a few months. Idaho child support services office will also charge a legal fee of approximately $360 anytime a child support order is changed. At any time throughout this process, you may hire a private attorney to represent your interests.
http://www.child-support-laws-state-by-state.com
http://www.child-support-laws-state-by-state.com/idaho-child-support.html

About The Author

Holcy Thompson III
I am a father who pays his child support payment on time. I have research child support information on each state and wrote my own articles on the subject to help others in need of information on child support laws.
http://www.child-support-laws-state-by-state.com
http://www.child-support-laws-state-by-state.com/idaho-child-support.html





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Finding A Vioxx or any Attorney

2007-03-14T11:19:00.000+02:00

Since a south Texas jury awarded more than a quarter billion dollars to the widow of a man who died after using Merck's Vioxx medication, the trial lawyers have been circling the web. Sites pop up every day, looking for new parties whom lawyers can represent. Banding together a large group of plantiffs puts a firm in a powerful position with regard to the court system and makes the company more likely to try to strike a deal.
Some estimates are that over 7,500 suits are pending or have already been filed with Courts throughout the United States. "Merck may be vigorously defending itself, but the blood is in the water," said Consumer Help Web President Joan Bounacos. "It is critical that consumers pick the right attorney if they intend to participate in legal proceedings."
Consumer Help Web, the Internet's leading consumer advocacy organization announced today a checklist to help consumers find the right legal representation if they are considering a Vioxx claim.
1. Ask your physician for a referral. Although every state "certifies" attorneys in different areas of expertise, your physician may know of an attorney whose practice involves healthcare-related cases.
2. Another resource to use is at FindLaw.com, which provides a list of self-reported information from law firms organized by city. That list is located at http://lawyers.findlaw.com/lawyer/practice/Products%20Liability%20Law
3. Shop for an attorney based on the attorney's experience, proposed fees (especially any contingency fees in the event of a settlement) and referrals. Do not simply pick the first attorney who approaches you or one who offers a lower contingency fee without first investigating them.
4. Check with your local bar association to ensure there are no pending or previous complaints regarding your attorney. An interactive listing of local bar associations can be found for free on the web at http://www.abanet.org/barserv/stlobar.html
5. Once you have selected a lawyer, read everything carefully before you sign a document. Ask for "plain English" descriptions of any wording you do not understand. Once you are given that description, ask to have the description added to your Agreement as an addendum.
6. Make sure you understand who will be your contact in the attorney's firm. In many cases, the actual client contact will be with paralegals and associate attorneys. If you insist on regular meetings with the attorney signing an agrement with you, be prepared to write that requirement into the agreement. Also be prepared to pay extra for those meetings on a billable hour basis.
7. Understand what rights you are surrendering. In your Agreement, you may be assigning the attorney the opportunity to combine your case with others, sell or trade the case to another attorney or accept a settlement if a combined class votes to do so. That settlement's provisions will often allow for attorney's fees to be deducted from the initial amount. That means the attorneys are paid first.
8. Make sure your Agreement specifies what information or evidence you will need to provide and who will bear the costs of gathering that evidence.
9. Keep a written record of all conversations and correspondence with your attorney before, during and after signing an Agreement.
10. Inform your physician that you are now represented by legal counsel. You are not required to say anything, but doing so will help nurture trust and goodwill in your doctor-patient relationship.

About The Author

Joan Bounacos is the President and co-founder of ConsumerHelpWeb, the web's leading complaint resolution service. Multiple media sources have quoted Bounacos as a national consumer expert. She has personally won settlements totalling tens of thouands of dollars for individual consumers and leads a team that takes on individual cases for only $14.99 each.
consumerhelpweb.com





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Filing An Income Tax Return

2007-03-13T11:12:00.000+02:00

When the month of April rolls around most of America is preparing their income tax returns. Each year all individuals who made an income are required to report that income to federal and state governments by filing an income tax return.
Taxpayers must file two separate income tax returns. One income tax return goes to the federal government and the other goes to the state government that a particular taxpayer resides in. The majority of taxpaying Americans are able to fill out a Form 1040A: U.S. Individual Income Tax Return. Individuals that do not have any children or other qualifying dependents are able to file a federal 1040EZ form. This form is also referred to as the Income Tax Return for Single and Joint Filers With No Dependents . The 1040EZ is basically a shorter version of the 1040A form; however, taxpayers must meet certain requirements before filing a 1040EZ form.
The majority of taxpayers will have the federal income tax forms they need mailed to their home. The option to have federal income tax forms mailed to a taxpayer is given on the previous year?s tax forms. Taxpayers who do not wish to receive federal income tax forms but do need them can get the forms from a number of sources. Many paper forms are available for pickup at many local post offices, banks, and libraries. Taxpayers can also visit the website of the Internal Revenue Service (IRS) which is foun d at http://www.irs.gov. The Internal Revenue Service has a collection of federal income tax forms that can be downloaded and printed. http://www.taxhelpdirectory.com/federalincometax/.
When a taxpayer reports their income earned to their state government they will also have to fill out a state tax return form. Each state has their own income tax return forms. The form numbers will all be different because they vary from state to state; however, some forms will have the same heading. It is not uncommon for a state income tax form to be known as the Resident Income Tax Return. As with federal income tax returns, the majority of states have a long income tax return form and a short one. Taxpayers who are able to fill out and file a short state income tax return are encouraged to do so because it saves many taxpayers a large amount of tax preparation time. As with most federal income tax forms, state tax return individuals are likely to have a packet of state income tax forms mailed directly to their home. It is also possible for taxpayers to find their state tax forms at their local post office, financial institution, or library.
In addition to the traditional taxpaying individual, there are others who have to report and possibly pay an income tax. All businesses and estate properties of an individual who has passed on are subject to an income tax. A small business owner or the executor of an estate property will have to file different federal and state income tax forms than the traditional taxpayer. These forms can be obtained at the same places where standard federal and state forms are available.

About The Author

Gray Rollins is a featured writer for the Tax Help Directory. To learn more about income taxes visit, http://www.taxhelpdirectory.com/incometax/ and to learn more about income tax preparation, visit http://www.taxhelpdirectory.com/incometaxpreparation/.





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Fiance Visas US Immigration

2007-03-12T11:00:00.000+02:00

Overview
We have successfully obtained thousands of fiancee and marriage visas. These include visas for wives and husbands in all countries including Latin America (Mexico, Honduras, Costa Rica, Panama), asian countries (China, Viet Nam, Thailand, Korea, Taiwan, Japan, China), the former USSR (Russia, the Ukraine, Czechoslovakia), the Phillipeans, Europe Canada and more.
The length of time it takes us to obtain a fiancee visa depends on the state in which you reside, the country in which your fiancee lives and the immigration processing center where the application is processed. We will do all of the work and provide you with a realistic time estimate based upon your situation. We obtain fiancee visas for clients from every state in the U.S. Call us at (952) 746-2153.
Whether you met that special someone on a trip overseas or while she/he was visiting the United States or even in an online chat-room, if you?re ready to join as husband and wife, or at least fiances, you may be eligible to bring your fianc?(e) to the U.S. to finalize your union in marriage.
If you are a U.S. citizen and your fianc?(e) lives abroad, the Fianc? Visa may be just what you?ve been looking for. The Fianc? Visa is a relatively fast process that allows your fianc? to enter the U.S. to marry you and then adjust his/her status to lawful permanent resident based on the marriage (without having to leave the U.S.). Compared to other types of permanent status visas like the Family Based Petition, Employment Based Petition, or the Diversity Lottery program, the Fianc? Visa has a relative ly fast processing time and when done properly, can reunite you and your fianc?(e) in the United States.
Procedure
The first step is to file the Fianc? Visa Petition with the U.S. Immigration and Naturalization Service (INS), with supporting documents. It is very important to submit the necessary supporting documents; failure to do so can result in long delays or even denial of the petition.
Once the petition is approved, the INS will forward the petition to the U.S. Embassy or consulate where your fianc?(e) resides. Your fianc?(e) would then be contacted by the embassy or consulate for an interview. Some of the documents that your fianc?(e) may need to present at the interview include: a valid passport, evidence of support, birth certificate, medical examination report, divorce decree or death certificate of any previous spouse, police certificates from all places lived since age sixteen ( 16), evidence of the validity of your relationship; and passports and medical examinations for any accompanying children.
Upon issuance of the visa, your fianc?(e) would be allowed into the U.S. to marry you; however, the marriage must take place within 90 days of your fianc?(e) entering the United States. If you do not marry your fianc?(e) within 90 days or your fianc?(e) marries someone other than you (the U.S. citizen filing the Petition for Alien Fianc?), your fianc?(e) will be required to leave the United States. In addition, your fianc?(e) may not obtain an extension of the 90-day original admission. Therefore, it is very important to marry during the 90 admission period. If your fianc?(e) does not marry you and stays beyond the 90 days, he/she will be subject to deportation as well as possible bars from returning to the United States for specified periods of time.
Permanent Residence (Green Card)
After you marry, your fianc?(e) may apply to become a permanent resident (Green Card). Your fianc?(e), now spouse, will receive conditional permanent residence status because the status is based on a marriage that was less than two years old on the day he/she was given permanent residence. The status is conditional because you and your new spouse must prove that you did not get married to evade the immigration laws of the United States. The conditional status will last for two years, at which point you must apply for removal of the conditions on the status.
Employment Authorization
Although it may take months or longer for approval of the green card, your new spouse may apply for employment authorization while the green card application is pending. Employment authorization would allow your new spouse to work legally while waiting for permanent residence.
Reminder
An important reminder is that only U.S. citizens may take advantage of the Fianc? Petition. Presently, there is no provision that allows lawful permanent residents to use the Fianc? Petition.
If there is someone special in your life whom you are considering to be your husband or wife, we have been very successful in assisting our clients with Fianc?(e) Visas and would gladly assist you with yours. Call (952) 746-2153 or visit www.workvisalawyers.com.

About The Author

Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or through his immigration website located at www.workvisalawyers.com.





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Estate Tax What It Is And How It Is Filed

2007-03-09T10:59:00.000+02:00

According to the Internal Revenue Service (IRS), an Estate Tax is a tax that is imposed on your right to transfer your property and belongings after your death. The individual who is in charge of handing and filing an Estate Tax return is often the estate representative. An estate representative can be a family attorney or a family member who was declared the executor of an estate in a will. When dealing with an Estate Tax, there are number of things that an individual or family must do when preparing to deal with the Internal Revenue Service (IRS).
There are certain restrictions for estates that are subject to the Estate Tax. Each year tax laws are updated or completely changed; therefore, estate representatives or family members are encouraged to review the new Estate Tax laws. At the current time, the majority of estates are not subject to an Estate Tax if they are valued at less than one million fifty thousand dollars. The Estate Tax value is expected to increase up to two million dollars for the 2006 year. In addition to meeting a certain esta te value, it is also likely that the majority of properties that are jointly owned will not be taxed if at least one property owner is still living. http://www.taxhelpdirectory.com/taxlaw/.
An Estate Tax return is due to be submitted to the Internal Revenue Service (IRS) nine months after the estate owner passed away. As with regular tax returns, it is possible for estate representatives or family members to obtain a deadline extension. If tax is owed on the estate, it still needs to be paid before the nine months arrives even if an Estate Tax return deadline was granted. Not paying the estimated amount of estate taxes due can result in late fees or additional penalties.
The Internal Revenue Service (IRS) will determine the amount of Estate Tax owed by taking the fair market value of all property items that were previously owned by the estate owner before he or she passed away. Fair market value takes into account when an item was purchased and exactly how much it is worth today. When all of those items are added up the total is referred to as the Gross Estate. As with traditional tax returns, estate taxes are allowed tax credits and tax deductions. When all of these it ems are computed together the amount of tax owed will be determined.
When an Estate Tax return is being filed with the Internal Revenue Service (IRS) there are a number of other important documents that must be sent along with the return. These items include a copy of a death certificate, copies of property appraisals, copies of litigation documents that may apply to the estate property, and a copy of the deceased?s will. As previously mentioned, an Estate Tax return can be filed by a lawyer, an estate representative, or a family member. Individuals can acquire the Form 706: United States Estate (and Generation - Skipping Transfer) Tax Return by contacting the Internal Revenue Service (IRS) or by downloading the form online.
Only a small percentage of Americans are required to file for an Estate Tax return; however, that does not mean that taxpayers do not need to know and understand what an Estate Tax is. A taxpayer may not own a high valued property; however, that does not mean that they cannot inherit one or be named an estate representative by a friend or family member who has passed on.

About The Author

Gray Rollins is a featured writer for the Tax Help Directory. To learn more about the estate tax, visit http://www.taxhelpdirectory.com/estatetax/ and for info about tax lawyers, visit http://www.taxhelpdirectory.com/taxlawyer/.





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Enabling Sarbanes Oxley Compliance

2007-03-08T10:59:00.000+02:00

Sarbanes Oxley compliance is not a one-day, a one-month, or even a one-year project; instead, Sarbanes Oxley compliance should be built into your corporate infrastructure as early as possible when you begin making changes. The more quickly you transition your business into long-term strategy change, the better you're going to be able to control Sarbanes Oxley compliance issues.
There are a number of issues you can expect to impede this process:
Project mindset - Your managers will probably look at Sarbanes Oxley compliance as a project with a clearly definable endpoint. This is not at all the case. The more quickly you can move to change their attitude, the more likely you'll have a clear and simple transition into the new way of doing business. You can use such items as continual education and newsletter updates as ways to show your managers that you expect Sarbanes Oxley to change the way they do business forever.
Manpower issues - Sarbanes Oxley compliance is not friendly to businesses who are trying to streamline their workforce. Though you may have to increase the size of your employee pool at the beginning of your Sarbanes Oxley compliance process, you can expect this pool to decrease as you gradually fold Sarbanes Oxley compliance methodologies into your normal way of doing business.
Poorly-defined roles in internal control - if you don't clearly lay out responsibilities such as auditing, accountability, and project management, your Sarbanes Oxley compliance]tasks are going to be needlessly complicated. You should also make it very clear whose roles it will be to see to the Sarbanes Oxley rollout and to whom these people will be ultimately answerable.
Improvisational approaches - Jumping into Sarbanes Oxley compliance will simply not work. You need to step back and plan how you're going to be incorporating the structures and requirements of Sarbanes Oxley into your daily work routines. And once a plan has been defined, you must follow the plan, and ensure everyone else is also following it.
Underestimating the Impact to Technology - Sarbanes Oxley would simply not have been possible twenty years ago. Technology is critical for your compliance with this act. You can expect to make significant technology investments as you procede to implement Sarbanes Oxley compliance. Investments will cover such things as sustainable compliance with repository, work flow, and audit trail functionality. In addition, your internal control monitoring and reporting will depend heavily on technology. At some la rge corporations, it might be worth looking into hiring another full-time IT person who has been specifically trained in implementing and maintaining Sarbanes Oxley technological infrastructure.
Ignored Risks - Risk assessment is vital in Sarbanes Oxley compliance. One of the first meetings you should have as you implement Sarbanes Oxley compliance is one on risk management. Inadequately assessing risk can lead to serious financial reporting errors that can render your investment in training and compliance useless.
Successful Sarbanes Oxley compliance
Your framework for sustained Sarbanes Oxley compliance should include the following:
* Effective, efficent evaluation of testing, remediating, monitoring, and reporting controls
* Integration of financial and internal control processes
* Proper use of technology to comply with Sarbanes Oxley requirements
* Clear roles and responsibilities, a solid chain of command, and assigned accountability
* Continual education and training in Sarbanes Oxley compliance
* Adaptability and flexibility to respond to Sarbanes Oxley compliance-induced changes

About The Author

Earl Powers, US Lawyer and Segregation Of Duties expert at Aquest Group LLC ( http://www.compliance-sarbanes-oxley.info ) publishes other articles related to Segregation Of Duties at http://www.sarbanes-oxley-section-404.info and http://www.404-sarbanes-oxley.info.




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Do I Need A DUI Lawyer

2007-03-07T12:09:00.000+02:00

You?ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawy er who deals with a veritable buffet of issues such as DUI?s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you?re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You?ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comf ortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You?ll want to know the most you?ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there?s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can?t hurt to ask. The worst answer you can get is ?no.?)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn?t the lawyer who handled the majority of their case.)
These are just a few of the questions you?ll likely want to ask before deciding which DUI lawyer you want to hire.

About The Author

D Ruplinger is a featured writer for http://www.duislawyer.com. For more information about DUI Lawyers, DUI Penalties and DUI statistics visit: http://www.duislawyer.com/duistatistics.





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Divorce Taxes and the IRS

2007-03-06T09:52:00.000+02:00

In Divorce, potential tax liability can frequently become the tool for one spouse to use against the other spouse. If improperly used, this tool can destroy all of the marital assets. In the worst case, tax liability can seriously impact the future financial security of either spouse and subject them to criminal sanctions.
Situation 1 - Your Spouse Owns a Business
The most common situation where taxes become an issue in a divorce is they there is a family business. The owner - spouse may have hidden cash receipts or engage in a practice of recording inflated expenses. This common practice by many business owners is a fraudulent attempt to minimize taxes. The other spouse is often aware of and approves of this practice. During the marriage, minimization of taxes results in higher household income and a better lifestyle for the couple.
This practice is illegal or borders on illegal. During the marriage it is a secret between the married couple. But during a divorce each spouse may try to use past tax behavior to gain an advantage. The owner - spouse wants to minimize past income in an effort to lower child support, alimony, or division of marital property. Of course the other spouse wants to prove the opposite.
The result is a game of chicken - with one spouse threatening to turn the other spouse in to the IRS. This is a dangerous game for all involved. Do it yourselfers will find the situation blowing up in their face. People with attorneys may find the attorney reluctant to deal with the situation.
The Potential Problems:
? Your Attorney cannot assist the owner/spouse commit the crime of tax evasion.
? The non-owner spouse may end up liable for half of the back taxes, penalties, and fines.
? The divorce court Judge may decide to turn everyone in.
? In an extreme situation, everyone can go to jail.
Situation 2 - You Make a Surprise Discovery: Your Spouse is a Tax Cheat
Another common situation in divorce: the sudden realization that a spouse is a tax cheat ? and you were completely unaware until the divorce.
The Potential Problems:
? You may end up owing the IRS half the overdue taxes.
? You may end up owing the IRS the ENTIRE tax bill.
? The overdue tax bill may be double the actual unpaid taxes, due to penalties, fines, and interest.
The Potential Solution:
The IRS has a provision called Innocent Spouse Relief. This provision gives complete or partial tax forgiveness to an innocent spouse. But be aware - the definition of "innocent" is technical, elusive, and difficult to understand.
Two available forms of tax relief:
? Innocent Spouse Relief - Discharge of Liability
? Separate Tax Liability for Each Spouse
The first form of relief wipes out your tax debt in part or full. You must have not had any knowledge of the incorrect or fraudulently prepared tax returns. That means you cannot look like you were aware of any part of the return. Also, you must not have benefited from the hidden income. That means you cannot be driving a Mercedes and at the same time signing a tax return that show $200/week in income.
The second form of relief is slightly easier to get. If you qualify, the IRS will separate out the tax liability of your income from your spouse's hidden income. This type of relief may have the effect of wiping out extreme tax bills and penalties.
The Bottom Line: Always be aware of these types of tax situations. The financial effect can be far worse than the divorce. If you believe this type of problem is in your future, start preparing immediately. Do not sign a joint tax return for your upcoming tax filing. File married-filing-separately. The moment you suspect a potential tax liability, begin to separate your financial life from your spouse's financial life and then promptly file for divorce.
Copyright 2006 The Divorce Center P.A.

About The Author

Divorce Attorney Howard Iken has a rapidly growing divorce practice in the Tampa Bay area of Florida. He can be reached at 727-844-7676. More information on divorce can be found at http://www.18884mydivorce.com. More information on Divorce Attorney Howard Iken can be found at http://www.18884mydivorce.com/pub/Aboutus/aboutus.htm





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Divorce Lower Cost Alternatives to an Attorney

2007-03-05T10:49:00.000+02:00

Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.
Do Everything Yourself
?Doing everything yourself? has become an option in many states with the advent of approved self-help forms. For example, the state of Florida has produced a complete set of Family Law Self-Help forms. These forms have been carefully reviewed by the state Bar association and subsequently approved by the Florida Supreme Court. Each form is accompanied by instructions on proper use. Because Florida Statutes reference those self-help forms, they are accepted by all Florida courts. Many if not all states ha ve adopted some type of self-help forms. You can usually download the forms from your state court website or purchase an inexpensive pack of forms at your local courthouse. The advantage: the forms are free and you do not need a lawyer to file them. The disadvantage: the instructions can be confusing, complex, and difficult to follow. And you may be sacrificing some serious legal rights without realizing you are doing so.
Online Forms Preparation Service
The internet has brought major changes to the delivery of legal services. One recent change is universal availability of online forms services. For a fee usually ranging around two hundred dollars these services will conduct an online interview and generate a custom set of forms, ready to file with the court in your area. These services are easy, quick, and as convenient as the nearest computer. The better services keep track of changes in each state and adjust their forms accordingly. The advantage: th e forms are accurately and neatly filled out at an affordable cost. The disadvantage: same as ?do-it-yourself ? you are on your own during the divorce. There is no advice or help if something goes wrong.
Attorney ? Forms Only Service
Florida and many other states have adopted a concept called ?Unbundled Services.? This concept is an official recognition that many people want to hire an attorney for one small part of their case. They have access to expert advice at an affordable price. Many attorneys offer a form preparation service similar to the online services. The key difference is the forms are prepared or supervised by an attorney. The advantage: the security of knowing the forms are done correctly by a local expert. The disadv antage: you are still on your own during the divorce. However, because you established a relationship with an attorney, you may have access to the attorney for occasional advice if you run into difficulty.
So Which Option Should You Use?
Divorce can affect your relationship with your children, your present finances, and your finances during the next 30 years. What you do now can affect your life for many years. The simple answer: take the best option you can afford. If you can afford full representation from an attorney ? that is best. If you cannot afford anything ? the do-it-yourself method is best. But whichever route you take: educate yourself, proceed carefully, and educate yourself some more. Remember, knowledge is power. The pers on with the most knowledge always comes out ahead.
Copyright 2006 The Divorce Center P.A.

About The Author

Howard Iken is an attorney in the Tampa Florida area. He practices exclusively in family and divorce law. You can find out more about his law practice, The Divorce Center P.A. by logging into his website http://www.18884MyDivorce.com. An explanation of fees for a Florida divorce can be found at http://www.18884mydivorce.com/pub/Fees/fees.htm.




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Divorce I Do Never Mind

2007-03-02T11:13:00.000+02:00

A divorce, or a decree of ?dissolution of marriage? is a court terminating an existing marriage. This is in contrast to an annulment, which states that a marriage never existed.
The main issues to settle are the division of property, child custody and visitation, and child or spousal support. You want to make sure and thoroughly research these areas so you protect yourself through the process.
The first thing I would recommend is using a divorce attorney. They have filed numerous divorces and have been through the process several times, so they will know tricks and strategies to use. You don?t want to defend yourself because although it will be cheaper, you may miss some things that could end up costing you more in the long run.
That being said, it is still important to do your research, because you don?t want to be completely at the mercy of your attorney either. You may be able to come up with additional ideas that he/she couldn?t come up with because of your research. You also want to question your attorney through the process ensuring that you get what you are due in the divorce.
There are many reasons to get a divorce, and different states have different laws pertaining to what constitutes a divorce. Some states allow you to just do it while others are stricter on the ?grounds? for the divorce. They claim you have to have proper ?grounds? for divorce. Again, check with your local state laws to find the applicable law for your state. If your state won?t allow the divorce stating that the ?grounds? aren?t serious enough, one idea is to change residency to a more liberal state and file for divorce there. A divorce decree in one state is honored in all states.
A divorce can be either a fault divorce or a no-fault divorce. A no-fault divorce is a divorce in which both sides agree on irreconcilable differences and no 1 person gets the blame for the divorce not working. A fault divorce cites one of the parties as the one responsible for the failure of the marriage.
A divorce can take anywhere from a month to years, depending on the complexity of the issues at hand. Battles over child custody can take several years to decide. Other factors that determine length are whether the divorce is a fault/no-fault divorce, the efficiency of the court, size of estate to be split up, how agreeable you and your soon to be ex spouse are, the extent of agreements you had before the marriage, and child custody/support issues.
Divorce is no joke, in some cases it?s the hardest thing one will go through in life. Having a smooth divorce process can make things easier on yourself, ex-spouse, children, other family, and also help you get on the right track to find your next spouse, assuming you haven?t decided you will never get married again.

About The Author

J Zuniga is a senior editor of http://www.newjerseylawyersdirectory.com an informative site about law and lawyers. For more specific information on divorce law, go to http://www.newjerseylawyersdirectory.com/divorce.html.





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Divorce Health Insurance

2007-03-01T10:31:00.000+02:00

Recently, I had a question from someone who was going through a divorce and was concerned about lost health insurance coverage because she was covered under her husband's insurance. She was concerned not just for herself, but for her children as well. This question comes up a lot. See is this answer helps you better understand what to do. If you have additional questions on this topic, feel free to add to the blog, and I'll answer them.
Medical Insurance and Divorce
To answer your questions specifically, here are some ideas to consider.
1) You and your children are automatically covered under your husband's insurance as a dependent until you divorce.
2) When your divorce is final, you have the opportunity to continue your husband's insurance by triggering what is called "COBRA". (Note: there is another blog entry that defined COBRA.) This will continue your coverage for an additional 18 months; unfortunately, you will have to pay the full cost of the coverage (and the company can have you pay 102 - 105% of the coverage cost).
Your children, by law, will becovered under the parent's coverage whose birth date occurs first in the calender year.
3) One suggestion is that when you hire an Attorney to assist with your divorce, you might want to ask, in the settlement negotiations, to have the price of the COBRA payments included in your settlement. This would be particularly important if you happen to have the early-in-the year birthdate, and will be paying for the children's health insurance coverage. This cost should not have to come out of your child support, as it can be VERY EXPENSIVE.
4) Whatever you decided to do, keep all documents together. Whenever you talk to anyone, document to whom you talk, get the name and tele #, and what was said by all in the conversation as soon as possible after the conversation. In this way, you document what is said, and do not have to rely on memory. Also, when you send anything to anyone, keep a copy for yourself, and send it by registered mail, so that you have proof of receipt.

About The Author

Carolyn Magura
Disabilitykey.com (http://www.disabilitykey.com) is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.
Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:
a) continue to work and receive her ?full salary? while on Long Term Disability; and
b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.
Click here (http://www.disabilitykey.com/products.htm) to receive Carolyn 's easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don't let this disabiling process disable you. Read Carolyns Disability Key Blog (http://www.disabilitykey.com/disabilitykeyblog.shtml).





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Divorce and Hidden Assets

2007-02-28T11:36:00.000+02:00

Not surprisingly, assets are often hidden in a divorce situation. Why - well simply greed, or the feelings of betrayal or anger at the need to divide assets in the divorce, or the fear of not having enough after the divorce all motivate the behavior of hiding assets.
In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges.
There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your psouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce.
Before you alert your spouse that you are considering divorce, you need to complile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances.
If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action.
Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outsided of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance .
If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce atttorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible.
If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds.
If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other idividual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld.

About The Author

Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.com.
jmm@millenniumdivorce.com





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Divorce and Alimony Formula

2007-02-27T10:01:00.000+02:00

In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formula in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimon y will be paid in your case.
What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.
In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.
Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.
A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divo rce or who does not have any separate property.
The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.
One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.
One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.
It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They c annot simply set up an alimony formula that would work for all parties.

About The Author

Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and alimony books, visit: http://www.millenniumdivorce.com.
jmm@millenniumdivorce.com




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Dissolution by Affidavit Personal Appearance Not Required

2007-02-26T11:02:00.000+02:00

DISSOLUTION BY AFFIDAVIT

Personal Appearance for Hearing Not Required in Missouri
The elimination of the requirement of personal appearance for hearing in Missouri dissolution of marriage actions arose out of, what may be termed in its broadest sense, a prisoner?s civil rights action.
In State ex rel. Kittrell v. Carr, 878 S.W.2d 859 (Mo. App. 1994), the Missouri Court of Appeals, Eastern District, addressed the issue of whether a personal appearance for hearing is necessary to obtain a Judgment of Dissolution of Marriage. The appellant in that case was an inmate in custody of the Missouri Department of Corrections whose petition for Dissolution of Marriage was dismissed for his failure to appear for a hearing after his wife?s default.
The inmate?s spouse had been served, but failed to file any responsive pleading, and was in default. There were no children and the petitioner had waived his rights to any property that could be considered marital property. The inmate moved for a default judgment which was denied. The case was set for hearing and dismissed by the court when the petitioner failed to appear, the court having previously denied the inmate?s petition for writ of habeus corpus to testify.
The inmate filed thereafter filed a petitioner for a writ of mandamus with the court of appeals to require the circuit court to enter a judgment of dissolution in his case. His petition alleged that the circuit court had denied him meaningful access to the courts by dismissing his petition. After a brief discussion regarding prisoners? rights to meaningful access to the courts and the judicial system, the concluded that a personal appearance at a default hearing is unnecessary. The court reasoned that, by failing to file any response or defend the action after being duly served, wife had admitted the traversable allegations of the petition.
The court held that procedures for obtaining a default judgment in civil actions under Rules 74.04 (Summary Judgment) and 74.05 (Default Judgment) of the Missouri Supreme Court Rules are equally available for use in actions for dissolution of marriage. Although Rule 74.05 would not, standing alone, permit default judgments in cases involving division of property due to the necessity of proving value, and would never be appropriate to determine child custody or support, the court held that there would be no impediment to judgment where neither property, nor child custody or support are at issue.
Despite the protest of the lower court, the appellate court stated ?Although a personal appearance and live witnesses may at one time have been a prerequisite to issuance of a dissolution decree, we find no such absolute requirement in the dissolution statutes as they are presently constituted.? Id. at 863.
Accordingly, although requirements may vary, between counties and individual judges. Dissolution of Marriage is available in many cases without either party ever appearing in court.

About The Author

Lloyd M. Nolan
Attorney at Law
225 S. Meramec, Suite 512
Clayton, MO 63105
Born: August 2, 1958, Alton, Illinois
Education: B.S. Govt. 1981 - Southern Illinois University
J.D. 1984 Southern Illinois University, School of Law
Memberships: Missouri Bar Association, Illinois State Bar Association, Christian Attorneys of St. Louis
lloydnolan@lloydnolan.com





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Criminal Background Checks A Necessity In Our Society

2007-02-24T13:35:00.000+02:00

Everyday the news tells of violence in the workplace and sex offenders on the prowl. The scary thing is that you usually never know who these people might be until it's too late. How many times have you seen an interview of someone describing an accused criminal as the nicest person you could ever know? They would have never suspected this person of committing any crime until the crime had already been commited. A criminal background check could have easily put up a red flag about this person and it might have prevented a future incident.
With the popularity of internet dating, the threat of sex offenders seems to increase daily. It is estimated that the number of Americans using online dating services like myspace.com and match.com is in the tens of millions. Sex offenders now have easy access to millions of potential victims. So how do you protect yourself? You should obtain a criminal background check on anyone you meet online before ever agreeing to meet with them and never agree to be alone with them until you feel safe. When your safety is in question, don't take a chance: get a criminal background check.
Violence in the workplace also seems to be on the rise. According to USA Today, an average of one employee is killed in the workplace every week in the United States. Furthermore, at least 20 workers are seriously injured in violent attacks by a current or former employee. How could these brutal attacks have been prevented? In most cases, a criminal background check could have revealed a history of violence and may have prevented many incidents from occuring. It is now more important than ever to know i f someone has a criminal background or history of violence before you hire them.
The process of obtaining a criminal background check on someone used to be a hassle. It took someone with specialized knowledge and a whole lot of effort to gain access to public records of all sorts including criminal records and civil records. Now, because of the speed and convenience of the internet, obtaining a criminal background check on virtually anyone in the United States (and even Canada and the U.K.) could not be any easier. Whether someone has an unpaid parking ticket, or has been convicted of a felony, these public records are all available to anyone.
A criminal background check can and should be used in any situation where safety is an issue. It is extremely difficult for anyone to know you are investigating them so you can conduct one in complete anonymity. Don't become a victim of violence when you can protect yourself in such an easy and valuable way: do a criminal background check.

About The Author

Rob Lear
Crimechecker is the author and webmaster of the Criminal Background Check blog. This site provides information about how to obtain a criminal background check on virtually anyone in the United States, Canada, and the U.K. http://criminal--background-check.blogspot.com.




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Compromising With The IRS

2007-02-23T16:14:00.000+02:00

Few things threaten your well-being like the harassment and anxiety of persistent tax problems. Most people make 3 mistakes that get them in trouble with the IRS. They procrastinate. They attempt to represent themselves. They hire sub-par representation and now are in MORE need of help than ever before.
These are the kind of services a Tax Attorney can provide: Offer in Compromise Cases, Penalty Abatement Petitions, Full Audit Representations Business Strategy Sessions. Preparation and Filing of Tax Returns.
Settle taxes for Pennies on the Dollar owed, Stop IRS wage and bank levies (garnishments), Have property liens lifted, get affordable installment agreements, File bankruptcy against the IRS, Have penalties and interest forgiven, Reduce taxes by running out the IRS' time to collect.
Offer in Compromise: Settle your taxes for Pennies on the Dollar owed Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney. The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.
What is an IRS offer in compromise?
It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay. Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes.
If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers. You should take extreme caution. You should hire a professional with knowledge of the IRS' procedures.
This professional should determine the least amount that the IRS will accept from you. If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.
An Offer in Compromise may save you a LARGE amount of money. Do you know that the IRS only has a limited time to collect your back taxes?
Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out.
In most cases the IRS has only a limited time to collect the unpaid taxes. You must CAREFULLY evaluate exactly when that time period will run out.
Your troubles may be solved. and moreover: If the IRS' time has run out, or if it will run out soon, your troubles may be over.
Delaying tactics may be used to stall the IRS while their time runs out. Once the IRS is out of time, they MUST stop ALL collection action against you.
The IRS MUST release all property liens
TAX RETURNS - FAILURE TO FILE
Many people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.
When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"
If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.
IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.
The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.

About The Author

Frank Hague is interested in Tax Attorneys. Find out more at: http://www.tax-attorney.biz.




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Comercial Plaintiff Wins Now With No WinNo PayNo Risk Lawsuit Loans

2007-02-21T11:49:00.000+02:00

"No one pays much attention to how a person who has been injured is going to live while waiting for a case to settle, the legal system tends to put people who cannot afford to wait for their money at a disadvantage." - Boston Bar Association Ethics Committee Chairman, Gerry Cohen

With these words millions of U.S. consumers every year find out 1st hand the truthfulness of Mr. Cohen's assessment of the legal system; but who more so than the million each year who suffer tragically at the hands of greedy insurance companies.

"Our litigation nightmares nearly ruined us financially" describes litigant Brian Spencer who will soon be in court for damages his corporation sustained after 4 years of fighting the city who caused the problem in shutting down his business without cause. The ?extreme hardship our family has suffered in physical, mental and emotional suffering has stolen health, happiness and almost our marriage after a severe financial collapse, having your business stolen from you by government corruption and police brutality is something no one has resources to survive? Spencer said.

The costs injured plaintiffs sustain are far more than the actual pain and suffering, as injuries affect everything including your standard of living, plaintiiffs can no longer maintain the same earnings. Throw in future credit and borrowing and you begin to know the real long term side effects no one takes into consideration and that's why injured plaintiffs need help in many areas to recover.

Is there a solution? 1st Choice Funding offers injured plaintiffs many solutions and one is by offering cash in hand now when injured plaintiffs need it most vs. when settlement finally occurs. The program is called "No Win ...No Pay... No Risk" Lawsuit Loans and this innovative program puts Injured litigants in the position to receive cash prior to settlement with

No credit required
No employment needed
No monthly payments
No collateral
No risk of repayment on a lost case

A "No Win...No Pay... No Risk" Lawsuit Loan is unheard of from traditional banking approaches to lending money conventional lenders agree. ?1st Choice Funding?s Lawsuit Loans aren?t really loans at all and that?s why conventional approaches aren?t how we make determinations for funding? said 1st Choice Funding company president Timothy S. Gray, ?lawsuit loans are what consumers call them but in reality what they are advances made on future settlement, and that?s something conventional lenders just don? t understand.?

What does injured victim Spencer think of the opportunity to have 50,000.00 now vs. the lengthy and unsure settlement all litigants endure? Spencer says with conviction, "It provided us the means to pay the experts we needed to depose in order to put this thing in the bag I recommend 1st Choice Funding to everyone including my attorney and we have all benefited."

1st Choice Funding's resources provide "No Win...No Pay...No Risk" Lawsuit Loans for all these case types including:

Commercial Cases
Passenger Injuries
Pedestrian Injury
Personal Injury
General Negligence
Civil Rights
Employment Discrimination Whistleblower (Qui Tam)
Product Liability
Construction Negligence
Class Action Mass Tort
Auto Accidents
Asbestos
Pharmaceutical Litigation
Airplane Accidents
Appeals
Commercial Torts
Assaults
Fen-Phen
Commercial Appellate Settlements
Sexual Harassment
Boating Accidents
Tobacco/Smoking
Burn Injuries
Worker's Compensation
Construction Accidents
Dog Bites
Maritime/Seaman's Claims
Medical Malpractice
Motorcycle & Bicycle Accidents
Nursing Home Neglect
Premises Liability
Product Liability
Railroad Claims (FELA)
Wrongful Death
Judgments
Structured Settlement
Tractor Trailer Accident
Slip & Fall
Settled Cases
Sulzer Hip
Jones Act
Discrimination Cases
Baycol
Toxic Mold
Wrongful Termination
Probate Cases
Select Divorce Cases
Select Canadian Cases

To find out more about this innovative service log onto the company website at http://1stchoicefunding.com and become informed about a long past due financial remedy for injured victims needing a financial solution or call the company toll free 800.839.0939 ext 1 for information on a Lawsuit Loan.

About The Author

Kari Gray
I am an entrpenuer who has successfully operated 3 seperate and corporations. Using boot strap philosophy, I have on limited budgets launched and operated each corporation to six figure earnings within 3 years of inception. As such I have over 20 years in business managment and am an expert in financial managment.
kg@1stchoicefunding.com





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Civil Partnerships

2007-02-19T13:35:00.000+02:00

Civil Partnership Act 2004

The Civil Partnership Act 2004 came into force on the
5 December 2005 providing a long overdue legal
recognition of same sex couples' rights. Same sex
couples now finally have largely the same legal rights
as that of heterosexual married couples. However,
there does appear to be 2 areas where the legal rights
of civil partners and married couples differ.
Dissolution?
The grounds for dissolving a civil partnership are the
same as those for dissolving a marriage with one
exception - adultery is not a ground for dissolution
in a civil partnership unlike in marriage cases.
Pre-Partnership Agreements
Pre-nuptial agreements have been available for many
years but it would seem that only the most wealthily
couples who intend to marry avail themselves of this
agreement, and it there appears to be little
encouragement from legal forums to use them.
Conversely, with the introduction of Civil
Partnerships, much emphasis has been placed on
entering into a Pre-Partnership Agreement.
The Pre-Partnership agreement has been extant for many
years now. Previously referred to as 'Cohabitation
agreements' it was considered a useful document to
have where couples - both same sex and heterosexual -
decided to live together. More often than not however,
people never knew of the existence of such a document,
as is probably the case today.?
With the introduction of civil partnership rights,
much emphasis has been placed on having such an
agreement. The document should be entered into prior
to registering the partnership, and is designed to
deal with how the couple wish to deal with financial
issues in the event that the partnership is
dissolved.?
The Law Society of England and Wales has argued in its
literature that whilst Pre-Partnership Agreements -
like pre-nuptial agreements - are not legally binding,
with the courts usually deciding to split assets 50/50
on divorce pre-partnership agreements ought to be
considered as the law will treat civil partnerships in
the same manner as divorce.
Tax & Wills Implications
Civil partners will be treated the same as married
couples for tax purposes. Thus, all the same
inheritance tax exemptions available to married
couples will also be available to civil partners. Such
exemptions will include the Nil Rate Band allowance
(currently ?275,000) and the 'spouse' exemption
whereby all transfers between spouses are exempt from
inheritance tax and will also be the case with civil
partners. (For more detailed advice on inheritance tax
exemptions see Inheritance Tax).
The other implication of entering into a Civil
Partnership from a Wills perspective, is that any
existing will shall be invalidated upon registering
the partnership. The extant Will shall automatically
be revoked, and a new Will should be drafted.
If you wish to make a Will in expectation or
contemplation of entering into a civil partnership -
or marriage for that matter - specific clauses will
need to be drafted into the Will to ensure that it
remains valid after entering the partnership/marriage.

Thankfully the law relating to Civil Partnerships is
on a very similar footing to that of marriage, thus
matters are not too complicated. As with advice given
to married couples, making a Will is important as you
should not assume that your spouse/partner will
inherit your share, and it may well be that specific
clauses will need to be drafted into Wills for civil
partners.

About The Author

Janine Byrne holds a Bachelor of Law degree with
Honours & a post-graduate diploma in Legal Practice.
Also gained qualification in Wills Writing & is the
owner/author of www.Draft-Your-Will.com.
enquiries@Draft-Your-Will.com





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Choosing A Personal Injury Attorney

2007-02-16T12:01:00.000+02:00

Personal injury attorney advertising is rising rapidly. Every time you turn on your TV or radio there are more personal injury attorney advertisements. Ironically, most personal injury attorneys and, in my opinion, most of the better personal injury attorneys, did not want to advertise and resisted for a long time.
That is quickly changing. Many of the better personal injury attorneys are now advertising because like it or not, they realize that advertising is not going away. So how does a seriously injured person determine whether a given advertising attorney is one of the better attorneys?
First, the problem: anyone can advertise. Legal experience, skill or expertise in a particular legal specialty is not required to advertise. Attorneys with little or no experience, skill or expertise can advertise heavily in local phone books, billboards, television and radio advertising.
These attorneys can claim huge verdicts where you to live to entice you to call quickly. Unfortunately, such claims may be very misleading. There are too many examples of attorneys with limited or no experience trying cases locally or anywhere else advertising heavily and making such claims. Historically, some of the biggest advertisers did not try cases at all and simply farmed them out to other attorneys in exchange for generous referral fees.
So how do you get beyond the advertisements to find a highly experienced attorney with expertise in your type of case? Think about what you would do before hiring any professional to help you with a very serious matter affecting your life. You would not just respond to the first TV commercial or call the person with the most billboards. You would do some research.
Fortunately there are several easily accessible research tools. You can check the attorneys? credentials by visiting ?The Best Lawyers in America,? (www.bestlawyers.com), Martindale-Hubbell (www.martindale.com) and (www.abota.org).
?The Best Lawyers in America? is a national organization that lists by specialty the attorneys [and firms] in each geographical who other attorneys rate among the best in their specialty. As you would expect these attorneys are highly experienced in their fields. Look for firms who have several attorneys listed in the personal injury section ? attracting such attorneys says a lot about the quality of the firm.
The American Board of Trial Advocates is another excellent resource because it has rigorous admissions standards and only admits highly experienced trial attorneys. This is very important because the better personal injury attorneys are all highly experienced trial attorneys
In serious matters affecting your life you want to know if in addition to superior experience and legal skills, the attorneys and firms also practice at the highest ethical standards. ?Martindale-Hubbell? is a highly respected national publication that uses peer reviews to rate attorneys and firms on both the quality of their legal work and their ethical standards. Look for attorneys and firms that receive both an ?A,? their highest legal quality grade and a ?V? their highest ethical grade.
Additional potential sources are other attorneys or friends and family who are familiar with the legal community. This can be especially helpful if they have had a positive experience with the attorney or firm they are recommending.
After you narrow your search through such inquires and the web sites suggested above, go to the firm's website to learn more about their experience in the specialty that you need. Then meet with the attorney. Ask whether they have taught Continuing Legal Education (CLE) courses. Attorneys who teach these courses are teaching other attorneys and are usually the most experienced and highly respected in their field.
Also ask who will be in charge of your case and who will try it. While it is common for less experienced attorneys to work on your claim, a senior attorney should be involved from start to finish. Your relationship and comfort level with the attorney is important. Look for an attorney that is courteous and is considerate of your time and who is responsive to your calls and questions. Don?t ever feel pressured to make a decision on the spot.
Following the suggestions above should quickly and easily help you get beyond the advertisements and get to a highly experienced attorney with expertise in your type of case.

About The Author

Brian Zorn is a partner with the Faraci Lange law firm based in Rochester New York. The Faraci Lange firm is considered one of Western New York?s leading personal injury firms. Brian Zorn has represented catastrophically injured plaintiffs in all types of cases including auto, defective products and premises and medical malpractice. He has been listed in ?Best Lawyers of America? for over 10 years and has earned the AV? Rating in the Martindale-Hubbell Law Directory. He is also a member of the American Board of Trial Advocates, Association of Trial Lawyers of America and New York State Trial Lawyers Association. He can be contacted at bzorn@faraci.com or (585) 325-5150. You can also visit the firm?s web site at www.faraci.com.
bzorn@faraci.com





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Child Support Law Opinions

2007-02-15T12:06:00.000+02:00

Child Support Laws

Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common, that every non-custodial parent must provide financial support and health benefits for their child/children. Financial support helps in many ways. First, when the mother/father are struggling and unable to provide 100% for their young ones, the child support payments will provide them extra cash to help cover any expenses. Expenses such as food, utility bills, medica l, and clothes. Single parent raising children can be tough, that is why it is important to have child support paid by the non-custodial parent. Health coverage can also be very expensive, especially for children. Having good medial coverage can help offset those expenses. Many states in America have laws that make it mandatory for a non-custodial parent to provide medical support for their children.
Child Support Laws and Enforcement
Some parents who are ordered to pay child support often avoid their obligations. These parents are what we call dead beat parents. Most dead beat parents do not pay child support for reason just to spite the custodial parent. Some may be too lazy to get a job, others may be too selfish to dish out the money to pay for their responsibilities. Who know why some parent will not take the responsibilities of paying their child support dues? Fortunately, there are laws which prosecutes parents who avoid payin g child support. In most states in America you can find a child support enforcement office which will provide assistances in enforcing non-custodial parents to pay past due child support. Some methods of enforcing child support laws are garnishment of the wages, interception of tax refund checks, suspensions of drivers license, and jail time.
Establishing paternity
When a mother has a child and she is married, then the father is legally obligated to pay child support if they divorce. When a mother has a child outside of marriage in order for her to file for child support she must first establish paternity. Establishing paternity makes the non-custodial father legally obligated to the responsibilities of child support. If at anytime the alleged father doubts that the child is his, a genetic test would be performed to discover once and for all who the father is. Loc ating a missing parent can be difficult, especially if they live in another state. Sometimes tracking the social security number of the missing parent will help to pin point their location. Usually when the missing parent applies for a new job, their social security can be trace back to their location. In order to establish paternity, the custodial parent must first locate the father.
For more information on child support laws in your area, please click the link below.
http://www.child-support-laws-state-by-state.com
http://moneymakingsurveys.blogspot.com

About The Author

Holcy Thompson III
I am a father who pays child support on a regular basis. I research informaiton on child support laws in each state and I share that information with anyone interested.





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Child Pornography And The Internet

2007-02-14T10:48:00.000+02:00

In our internet age, more and more often, charges of child pornography are filed stemming from internet downloads form websites and newsgroups. Many of these downloads are unintentional and come in bulk transfers. This often occurs with file share programs like Limewire, MP3 Rocket and other programs of that nature that are freely available for download. A person seeking to download only music files may find themselves with images or videos that they did not anticipate. For example, a search for the rock group "Sex Pistols" generally will recover results that include files of sex related photographs. With the shareware programs, those files cannot be viewed until downloaded. Once they are downloaded, they may be indellibly etched into your computer's hard drive. That is true even if they are erased. Such downloads, however, do not necessarily support an "intent" to possess child pornography. The same can be said of bulk downloads form newsgroup s such as those hosted by Google, MSN and Yahoo. Downloading bulk attachments or zipped files may yield the same result.
At trial, the prosecution will use as evidence temporary internet files which are unintentional saved on computers with names that the prosecution will argue depict underage people in sexual acts. Sites with titles such as "barely legal" or "lolita" will undoubtedly be used as evidence even though those sites may depict completely legal images. As a result, a person accused of such crimes will require a lawyer well versed in the intricacies of the internet and how such temporary files may be unintenti onally transferred to computer records.
Under Minnesota Statutes, it is a felony to possess any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct if all of the following apply:
The person knows that he or she possesses the material;
The person knows the character and content of the sexually explicit conduct in the material.
The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.
In the internet context, often the strongest defense is that the person accused did not have the requisite "intent." In other words, the person possessing the material did not know that he/she possessed it, did not know the character of the material possessed or did not know that the pornographic material involved minors. This is often the case where multiple images downloaded from web sites come bundled together or where information is automatically downloaded to a computer with computer software fro m newsgroups or other unscreened public areas.
A person convicted of child pornography or other "serious child sex offenses" may not subsequently engage in any occupation or participate in any volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age.
Defenses
Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, in a misguided attempt to help law enforcement, defendants make statements that are twisted and turned into prosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencies without an attorney present.
Any interview will be sent to the police and the county attorney's office and can be used against you. An obvious corollary is do not let yourself be interviewed again by the police without your attorney present.
Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files can be downloaded to a computer without the user knowing the content of the download. In such cases the electronic file will often include tell tale electronic evidence about the file, where it came from and its date of download. Using this evidence or challenging law enforcement's sloppy investigation and acquisition of potentially exculpatory information is the best way for a defense lawyer to prove actual innocence.
Examine Prosecution Expert's Background. An important part of every case is the ability to counter the reports and testimony of computer professionals, caseworkers and "experts" who examine pornographic evidence. To effectively counter a prosecution expert, the defense attorney must be well educated on the expert's education, work history, published works and testimony in prior cases.
Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys should obtain a credible polygraph examination from a respected professionals.
Your Lawyers
Our attorneys defend against sexual assault allegations throughout Wisconsin and Minnesota. We have developed a unique understanding of the dynamics of these very serious cases. Our competent, aggressive and thorough representation have made Maury D. Beaulier a leading criminal defense attorney in dealing with sex and pornography related criminal charges.
Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusations themselves are often treated as conclusive proof of criminal activity. If we are retained at an early stage in the investigation, we are sometimes able to avoid charges altogether. At a minimum we are often able to avoid the trauma and embarrassment of our client being arrested at home or at the workplace by contacting law enforcement and the court in order to make the necessary arrangements.

About The Author

Maury D. Beaulier is a criminal defense lawyer practicing in Wisconsin, Minnesota and all Federal Courts. He can be contacted on his web site at http://www.criminal-law.tv.





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