Monday, June 25, 2007

Selecting an Advantageous Trust and Estate Lawyer

    


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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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Monday, June 18, 2007

Sarbanes Oxley Act Sox And Not The Ones On Your Feet

    


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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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