Author : Jeffrey Broobin
A power of attorney is a legal document that allows you to dictate who you would like to make decisions on your behalf. While there are many useful purposes for a power of attorney, they are especially important to unmarried couples, which live together, when a partner becomes incapacitated and unable to make decisions.In such situations, the law usually designates the incapacitated person's next of kin as the decision maker. With a power of attorney, unmarried couples can give their partners the power to make such decisions.Powers of attorney can be as general or specific as you decide. You can give your partner the power to make decisions on your behalf at any time or only when you become incapacitated. You can also dictate what types of decisions you are authorizing your agent to make. A health care power of attorney (also referred to as a durable power of attorney for health care, medical power of attorney, health care proxy and appointment of health care agent of surrogate) would authorize your partner (or other agent) to make decisions about your medical treatment and dictate who you would like to be able to visit you while receiving medical treatment.By executing a power of attorney for finances (also referred to as a durable power of attorney for finances) you could dictate whom you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or other agent) to make, including which accounts he or she has access to and the types of decisions he or she can make.Note that Legal Helper Corp. - http://www.legalhelpmate.com/power-of-attorney.aspx - provides an easy-to-use, quick, and economical online method for creating completed power of attorney for any occasions.About The AuthorJeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.Website: http://www.legalhelpmate.comEmail: jeffreyb@legalhelper.ws
Keyword : unmarried partner,domestic partner,common law marriage,legal,law,poa,power of attorney
วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551
Why Litigation Is Nothing More Than A Business Tool - 26 Unbreakable Rules of Litigation!
Author : Daniel S. Peña, Sr
From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be (prudently) used and mastered.I will, as briefly as I can, memorialize the salient points of using litigation as a business tool.Now before I start, I want it on the record, some 50% of my 30-year track record of litigation has had nothing to do with winning money, i.e., many lawsuits have been over principle, some were to right a heinous wrong such as slanderous remarks made about me; and some were because an entity just needed a good comeuppance and nobody else would carry the flag into battle.I, like Don Quixote, have fought many a windmill.As you've heard me speak and write about, when building your 'Dream Team,' you want Big Five accountants and a large national or international firm of lawyers - the best representation you can't afford!Unlike the success-oriented fees I coach you to use when facilitating transactions, no law firm will litigate initially on this basis.Perhaps if your case is especially strong, they will do it on a contingency basis. Unfortunately, you will be using, from time-to-time, litigation as a positioning tool and your case may not be something you can seriously leverage.A year or two ago, being left with a pig-in-a-poke, I had to litigate a case having specious facts at best to support my desired outcome. Fortunately, our (my) apparent lust for litigation was stronger than their desire to fight a hard fight, so a reasonably good settlement was finally arrived at.Of course, during this process my good lawyers counseled us, advising our case needed to be much stronger, etc. Even with great lawyers, it is their job to tell you the downside risks. Again, what happens is you are often scared from pursuing your case.Good lawyers win so-so lawsuits. Great lawyers can win lawsuits in which you have little or no chance to win.Three of my favorite litigators over the years are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have dug me out of some pretty big black holes.I've dealt with them 10 and 20 years respectively. They are worth every penny they charge!Our judicial system works, but we grow up being afraid of it. It's way out of our comfort zone so we preclude ourselves from benefitting from it. Normally the cost associated with it keeps us from using it.In fact, I'm currently embroiled in litigation where the ancillary players to the litigation have rights which are being severely violated. A large group of people could bring great pressure to bear, but they're afraid because of previous bad experiences. They could get what they deserve but aren't pursuing their best interests.There are lawyers who take on cases for humanitarian reasons, if the case warrants, in business as well, i.e., big major corporations taking advantage of the system because of their size alone.Why do you want to initiate the lawsuit so you are the plaintiff? As the plaintiff, you pick where and when the lawsuit is fought and probably ultimately adjudicated.This can be a huge advantage. And secondly, the plaintiff is allowed two closing arguments, meaning you (your lawyer) gets to address the judge and/or jury once and then again after the defendants' closing argument. This can also be very important.26 Unbreakable Rules of Litigation#1 CHOOSE YOUR BATTLES#2 CHOOSE THE VENUE#3 BE THE PLAINTIFF#4 HAVE THE BEST REPRESENTATION#5 LISTEN TO YOUR HEART#6 DON'T LISTEN TO YOUR SICK STOMACH WHEN YOU'RE OUT OF YOUR COMFORT ZONE#7 DON'T LISTEN TO RELATIVES, FRIENDS, ET AL#8 LISTEN TO EXPERIENCED LITIGANTS - LIKE ME!#9 GENERALLY SPEAKING, DON'T WORRY ABOUT THE COST (THIS IS VERY HARD!)#10 BIG LAWSUITS ARE BETTER THAN SMALL ONES#11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY#12 PREPARATION (YOURS) IS EVERYTHING - KNOW THE FACTS#13 PRACTICE DEPOSITIONS AND TRIALS#14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)#15 NEVER GIVE UP#16 DON'T BE INTIMIDATED BY THE PROCESS#17 USE MOCK TRIALS (PRETEND TRIALS YOU DO IN FRONT OF A HIRED JURY)#18 DRESS SIMPLE AND CONSERVATIVELY IN COURT - NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN#19 DON'T LOSE YOUR TEMPER IN COURT - IT'S OKAY TO CRY IF IT'S REAL#20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY#21 NO QUOTES TO THE PRESS OTHER THAN 'WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT'. YOUR WORDS CAN EASILY BE TURNED AROUND.#22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE - YOU NEVER KNOW WHO MIGHT OVERHEAR#23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM#24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.#25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE CAMERA AND THE JURY. MAKE EYE CONTACT.#26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON'T KNOW THE ANSWER, SAY YOU DON'T KNOW THE ANSWERIt's a closed world of top litigators. Virtually all big law firms have good to super-good lawyers. All big law firms don't have great litigators. You don't always need a great lawyer, but sometime if you grow geometrically, you will.Like any other project management, litigation must be managed. Unfortunately, like speech-giving, you become a great litigant by going through a learning curve.I don't mean you have to get involved in losing efforts (like making bad speeches so after some time you make good speeches) to get in a position to win in court. Large law firms will allow you to get ahead of the learning curve.The Quantum Leap methodology talks ad nauseam about following your dreams. Life without dreams is like a bird with a broken wing - it can't fly. I wrote this newsletter because sometimes you'll need litigation to follow your dream.Go out and kick some butt, and don't let conventional wisdom keep you from achieving your dream.Conventional wisdom says Don't Litigate.All high-performance people and the great organizations of the last one hundred years did and do litigate as I write this letter.Don't litigate frivolously - but don't be afraid to either.To Your Quantum Leap,Daniel S. Peña, Sr.About The AuthorMr. Peña turned $820 into $400 million market-valued energy company in 8 short years! Now he's coaching others how to duplicate his success. Visit: http://www.danpena.com/docs/products.php
Keyword : legal,litigation,law,lawyer,attorney,success,quantum
From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be (prudently) used and mastered.I will, as briefly as I can, memorialize the salient points of using litigation as a business tool.Now before I start, I want it on the record, some 50% of my 30-year track record of litigation has had nothing to do with winning money, i.e., many lawsuits have been over principle, some were to right a heinous wrong such as slanderous remarks made about me; and some were because an entity just needed a good comeuppance and nobody else would carry the flag into battle.I, like Don Quixote, have fought many a windmill.As you've heard me speak and write about, when building your 'Dream Team,' you want Big Five accountants and a large national or international firm of lawyers - the best representation you can't afford!Unlike the success-oriented fees I coach you to use when facilitating transactions, no law firm will litigate initially on this basis.Perhaps if your case is especially strong, they will do it on a contingency basis. Unfortunately, you will be using, from time-to-time, litigation as a positioning tool and your case may not be something you can seriously leverage.A year or two ago, being left with a pig-in-a-poke, I had to litigate a case having specious facts at best to support my desired outcome. Fortunately, our (my) apparent lust for litigation was stronger than their desire to fight a hard fight, so a reasonably good settlement was finally arrived at.Of course, during this process my good lawyers counseled us, advising our case needed to be much stronger, etc. Even with great lawyers, it is their job to tell you the downside risks. Again, what happens is you are often scared from pursuing your case.Good lawyers win so-so lawsuits. Great lawyers can win lawsuits in which you have little or no chance to win.Three of my favorite litigators over the years are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have dug me out of some pretty big black holes.I've dealt with them 10 and 20 years respectively. They are worth every penny they charge!Our judicial system works, but we grow up being afraid of it. It's way out of our comfort zone so we preclude ourselves from benefitting from it. Normally the cost associated with it keeps us from using it.In fact, I'm currently embroiled in litigation where the ancillary players to the litigation have rights which are being severely violated. A large group of people could bring great pressure to bear, but they're afraid because of previous bad experiences. They could get what they deserve but aren't pursuing their best interests.There are lawyers who take on cases for humanitarian reasons, if the case warrants, in business as well, i.e., big major corporations taking advantage of the system because of their size alone.Why do you want to initiate the lawsuit so you are the plaintiff? As the plaintiff, you pick where and when the lawsuit is fought and probably ultimately adjudicated.This can be a huge advantage. And secondly, the plaintiff is allowed two closing arguments, meaning you (your lawyer) gets to address the judge and/or jury once and then again after the defendants' closing argument. This can also be very important.26 Unbreakable Rules of Litigation#1 CHOOSE YOUR BATTLES#2 CHOOSE THE VENUE#3 BE THE PLAINTIFF#4 HAVE THE BEST REPRESENTATION#5 LISTEN TO YOUR HEART#6 DON'T LISTEN TO YOUR SICK STOMACH WHEN YOU'RE OUT OF YOUR COMFORT ZONE#7 DON'T LISTEN TO RELATIVES, FRIENDS, ET AL#8 LISTEN TO EXPERIENCED LITIGANTS - LIKE ME!#9 GENERALLY SPEAKING, DON'T WORRY ABOUT THE COST (THIS IS VERY HARD!)#10 BIG LAWSUITS ARE BETTER THAN SMALL ONES#11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY#12 PREPARATION (YOURS) IS EVERYTHING - KNOW THE FACTS#13 PRACTICE DEPOSITIONS AND TRIALS#14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)#15 NEVER GIVE UP#16 DON'T BE INTIMIDATED BY THE PROCESS#17 USE MOCK TRIALS (PRETEND TRIALS YOU DO IN FRONT OF A HIRED JURY)#18 DRESS SIMPLE AND CONSERVATIVELY IN COURT - NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN#19 DON'T LOSE YOUR TEMPER IN COURT - IT'S OKAY TO CRY IF IT'S REAL#20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY#21 NO QUOTES TO THE PRESS OTHER THAN 'WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT'. YOUR WORDS CAN EASILY BE TURNED AROUND.#22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE - YOU NEVER KNOW WHO MIGHT OVERHEAR#23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM#24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.#25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE CAMERA AND THE JURY. MAKE EYE CONTACT.#26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON'T KNOW THE ANSWER, SAY YOU DON'T KNOW THE ANSWERIt's a closed world of top litigators. Virtually all big law firms have good to super-good lawyers. All big law firms don't have great litigators. You don't always need a great lawyer, but sometime if you grow geometrically, you will.Like any other project management, litigation must be managed. Unfortunately, like speech-giving, you become a great litigant by going through a learning curve.I don't mean you have to get involved in losing efforts (like making bad speeches so after some time you make good speeches) to get in a position to win in court. Large law firms will allow you to get ahead of the learning curve.The Quantum Leap methodology talks ad nauseam about following your dreams. Life without dreams is like a bird with a broken wing - it can't fly. I wrote this newsletter because sometimes you'll need litigation to follow your dream.Go out and kick some butt, and don't let conventional wisdom keep you from achieving your dream.Conventional wisdom says Don't Litigate.All high-performance people and the great organizations of the last one hundred years did and do litigate as I write this letter.Don't litigate frivolously - but don't be afraid to either.To Your Quantum Leap,Daniel S. Peña, Sr.About The AuthorMr. Peña turned $820 into $400 million market-valued energy company in 8 short years! Now he's coaching others how to duplicate his success. Visit: http://www.danpena.com/docs/products.php
Keyword : legal,litigation,law,lawyer,attorney,success,quantum
Protecting and Prosecuting Your Images
Author : Carolyn Wright
You're sitting in your easy chair and surfing the web. You're not paying much attention, until you see it. It's your photo, but you did not post it there. You can't believe they used your photo without your permission.Do you care? Maybe your photo is being used by a family to decorate its news page. Maybe it's being used to sell a product. Does that make a difference to you?If the answer to both questions is no, then read no further. If the answer is yes to one or both, then pay attention.Creating and Owning Your CopyrightA copyright is created at the moment the work is made into a fixed form. For photographers, it happens at the click of the shutter. The image then is protected by a copyright regardless of whether it is recorded on film or digitally. Copyrights give the owner the exclusive right to do, or to authorize others to do, specific things to the property. Specifically, the copyright owner has complete control to reproduce the image, to prepare derivative works based on the image, to distribute them by sale, rental or lending, and/or to display the image.The photographer who clicks the shutter owns the copyright. The only exception to this rule is when you shoot the image in a work-for-hire condition. This relationship is created only in two situations: (1) when you are an employee hired to photograph for your employer, such as a photojournalist who is an employee of a newspaper; or (2) you are hired to photograph pursuant to a contract, and the contract specifically includes the provision that the copyrights to the images you shoot for the contractor belong to the contractor.You own the copyright even if you don't register it. Registration does not give you the copyright. The copyright is established when you take the photograph. Registration is only a legal formality that gives you certain additional rights.You can only transfer your copyright in writing. Giving a slide to a publisher, giving digital files to a client or selling a print does not transfer the copyright. While these acts grant what is called "non-exclusive rights," you still own the copyright to the image. The transfer must be specifically described in writing and it must be signed by the copyright owner.Protecting Your CopyrightWhen you own a copyright, there are things you can do to protect your rights. The copyright notice – the "©" with a date and name of the copyright owner – is not required for protection, but it may help to guard your images. It may stop someone from copying your image, either because the person will be reminded that the image belongs to someone else or because your notice impairs the image for the person's use. Also, it helps to include a copyright notice with your image because if it is stolen, the defendant is prevented from using the defense of innocent infringement.Your image does not have to be registered with the U.S. Copyright Office for you to use the notice. You also can include the words "all rights reserved" for some international protection.Registering your copyright with the U.S. Copyright Office is required to file suit against an infringer. Registration provides other advantages, as well. These include: establishing a public record of the copyright; establishing evidence of copyright ownership if registered within five years of publication; providing for statutory damages and attorney's fees if registered before or within three months of infringement; and preventing the importation of infringing copies. You have more rights if the image was registered prior to infringement; but register it anyway, even if it is after the violation.To make the registration process easier, bulk register both your unpublished and published images (separate bulks; not together).Prosecuting Your CopyrightWhen your image is used without your permission, your copyright is infringed. You have several options at this point.You always have the option of doing nothing. You may not care that the non-profit wolf society is using one of your wolf images. You may only want the society to give you proper credit. If so, write the society a letter officially giving it the right to use the image (be sure to designate the parameters of that use), but insist that you get a photo credit with a copyright notice. Also ask the society to add your website name. You may get additional work from the society or others.Thanks to the Digital Millennium Copyright Act enacted in 1998, you have another option when your copyright is infringed on the web. While the Internet Service Provider ["ISP"] is not liable for transmitting information that infringes a copyright, the ISP must remove the infringing materials from a user's website after receiving proper notice of the violation. The notice must: be in writing, be signed by the copyright owner or the owner's agent, identify the copyrighted work claimed to be infringed (or list of infringements from the same site) and identify the material that is infringing the work.Additionally, the notice must include the complaining party's contact information, a statement that the complaint is made in "good faith," and a statement, under penalty of perjury, that the information contained in the notification is accurate and that the complainer has the right to proceed (because he is the copyright owner or agent). Because the notification requirements must be strictly followed, legal assistance can help to make the claim.Your most aggressive option is to pursue your legal remedies by filing suit. Remember, your copyright must have been registered with the Copyright Office. To file suit, get an attorney to help you because the legal procedures are complicated.Usually, your most profitable and easiest road is the middle one. Since you have your proof of registration, you need only to contact the infringer to put him on notice. If the infringer is a business-savvy person, he will know that he's in trouble. If he doesn't understand the trouble he's in, he will as soon as he counsels with his attorney. He will want to avoid the legal fees that will be imposed both by his and your attorney. So make your demand for statutory damages by letter and you will get your just rewards much more quickly.The weight of your demand letter is dramatically increased if it comes from an attorney. The infringer will recognize that you mean business and are prepared to go forward with suit if the infringer doesn't respond appropriately.It's a Two-Step ProcessProtecting and prosecuting your images go hand-in-hand. If you don't protect them, you can't prosecute them. If you don't prosecute them, then infringers will continue to take advantage of artists, and soon you won't be able to protect your images.Take my advice; get professional help.PhotoAttorney--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : copyright, infringement, court, claim, prosecute, protect, registration, digital, millennium, suit,
You're sitting in your easy chair and surfing the web. You're not paying much attention, until you see it. It's your photo, but you did not post it there. You can't believe they used your photo without your permission.Do you care? Maybe your photo is being used by a family to decorate its news page. Maybe it's being used to sell a product. Does that make a difference to you?If the answer to both questions is no, then read no further. If the answer is yes to one or both, then pay attention.Creating and Owning Your CopyrightA copyright is created at the moment the work is made into a fixed form. For photographers, it happens at the click of the shutter. The image then is protected by a copyright regardless of whether it is recorded on film or digitally. Copyrights give the owner the exclusive right to do, or to authorize others to do, specific things to the property. Specifically, the copyright owner has complete control to reproduce the image, to prepare derivative works based on the image, to distribute them by sale, rental or lending, and/or to display the image.The photographer who clicks the shutter owns the copyright. The only exception to this rule is when you shoot the image in a work-for-hire condition. This relationship is created only in two situations: (1) when you are an employee hired to photograph for your employer, such as a photojournalist who is an employee of a newspaper; or (2) you are hired to photograph pursuant to a contract, and the contract specifically includes the provision that the copyrights to the images you shoot for the contractor belong to the contractor.You own the copyright even if you don't register it. Registration does not give you the copyright. The copyright is established when you take the photograph. Registration is only a legal formality that gives you certain additional rights.You can only transfer your copyright in writing. Giving a slide to a publisher, giving digital files to a client or selling a print does not transfer the copyright. While these acts grant what is called "non-exclusive rights," you still own the copyright to the image. The transfer must be specifically described in writing and it must be signed by the copyright owner.Protecting Your CopyrightWhen you own a copyright, there are things you can do to protect your rights. The copyright notice – the "©" with a date and name of the copyright owner – is not required for protection, but it may help to guard your images. It may stop someone from copying your image, either because the person will be reminded that the image belongs to someone else or because your notice impairs the image for the person's use. Also, it helps to include a copyright notice with your image because if it is stolen, the defendant is prevented from using the defense of innocent infringement.Your image does not have to be registered with the U.S. Copyright Office for you to use the notice. You also can include the words "all rights reserved" for some international protection.Registering your copyright with the U.S. Copyright Office is required to file suit against an infringer. Registration provides other advantages, as well. These include: establishing a public record of the copyright; establishing evidence of copyright ownership if registered within five years of publication; providing for statutory damages and attorney's fees if registered before or within three months of infringement; and preventing the importation of infringing copies. You have more rights if the image was registered prior to infringement; but register it anyway, even if it is after the violation.To make the registration process easier, bulk register both your unpublished and published images (separate bulks; not together).Prosecuting Your CopyrightWhen your image is used without your permission, your copyright is infringed. You have several options at this point.You always have the option of doing nothing. You may not care that the non-profit wolf society is using one of your wolf images. You may only want the society to give you proper credit. If so, write the society a letter officially giving it the right to use the image (be sure to designate the parameters of that use), but insist that you get a photo credit with a copyright notice. Also ask the society to add your website name. You may get additional work from the society or others.Thanks to the Digital Millennium Copyright Act enacted in 1998, you have another option when your copyright is infringed on the web. While the Internet Service Provider ["ISP"] is not liable for transmitting information that infringes a copyright, the ISP must remove the infringing materials from a user's website after receiving proper notice of the violation. The notice must: be in writing, be signed by the copyright owner or the owner's agent, identify the copyrighted work claimed to be infringed (or list of infringements from the same site) and identify the material that is infringing the work.Additionally, the notice must include the complaining party's contact information, a statement that the complaint is made in "good faith," and a statement, under penalty of perjury, that the information contained in the notification is accurate and that the complainer has the right to proceed (because he is the copyright owner or agent). Because the notification requirements must be strictly followed, legal assistance can help to make the claim.Your most aggressive option is to pursue your legal remedies by filing suit. Remember, your copyright must have been registered with the Copyright Office. To file suit, get an attorney to help you because the legal procedures are complicated.Usually, your most profitable and easiest road is the middle one. Since you have your proof of registration, you need only to contact the infringer to put him on notice. If the infringer is a business-savvy person, he will know that he's in trouble. If he doesn't understand the trouble he's in, he will as soon as he counsels with his attorney. He will want to avoid the legal fees that will be imposed both by his and your attorney. So make your demand for statutory damages by letter and you will get your just rewards much more quickly.The weight of your demand letter is dramatically increased if it comes from an attorney. The infringer will recognize that you mean business and are prepared to go forward with suit if the infringer doesn't respond appropriately.It's a Two-Step ProcessProtecting and prosecuting your images go hand-in-hand. If you don't protect them, you can't prosecute them. If you don't prosecute them, then infringers will continue to take advantage of artists, and soon you won't be able to protect your images.Take my advice; get professional help.PhotoAttorney--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : copyright, infringement, court, claim, prosecute, protect, registration, digital, millennium, suit,
Nobiliary Law - What Is It?
Author : Jan-Olov Von Wowern
I have elsewhere defined nobiliary law as "national legislation, or international or national customs, regulating nobiliary issues. In many cases this is not codified, but rather a set of rules and traditions having gained acceptance" (see my book at http://www.findyournobleancestors.com).Examples of some of the more important issues regulated by nobiliary law are:- claims to nobility (surname, coat of arms, title) by non-noble persons. This could, but must not, include: children with one or two noble parents but born out of wedlock; stepchildren to noble parents; children to a noble lady in an agnatic family, etc.- claims to nobility by noble persons, where the claims cannot be automatically verified. This could be e.g. the inheritance of a noble title in a junior line of the family when the senior line becomes extinct.- borderline cases, such as which among the ancient patrician families were, and were not, to be numbered among the nobility. Or the reactivation of a family's nobility after some time of voluntary or involuntary loss of nobility (usually because one or all of the nobiliary qualities has not been used for two or more generations).- the naturalisation of foreign nobility, that is the assimilation of immigrant nobility into the domestic nobility, usually with the purpose of ensuring the foreign nobility the same privileges as the domestic.- heraldry, and more specifically the use of certain symbols usually reserved for the nobility, such as coronets of nobiliary rank, the use of supporters, etc. Also marshalling of arms, that is the proper combination of two or more coats of arms due to marriage between two noble families, and similar issues may be regulated.In some countries the nobility is a subject of public law (Belgium, Finland, Netherlands, and in Spain only regarding the titled nobility). In other countries this is not the case, and then the nobility may have organised itself in one or more associations in order to have an institution to handle nobiliary issues such as those mentioned above. It is therefore of the utmost importance for every noble family to define and clarify under which legislation, or under which set of rules or regulations whether codified or not, they are a subject.Nobiliary law is a complex and multi-faceted subject. It is often necessary to do extensive research in order to establish which rules apply to a specific noble family. A starting place can be to collect relevant literature from (or about) the country where the family is known (or believed) to have been ennobled (or first recognised as noble). This may be done by searching the many antiquarian bookshops available on the Internet, for keywords such as "nobility" or "nobiliary" in the book title. Sometimes a specific Internet site will be dedicated to nobiliary law (such as the Italian http://www.dirittonobiliare.com).Perhaps the most important thing to remember about nobiliary law is that it is not the same as public law. It may well be possible, according to national legislation, for a non-noble person to assume a noble surname, but this does not make them members of the nobility. A person can only be a member of the nobility if they are so according to nobiliary law, whether this is in harmony with the public law or not.Jan-Olov von Wowern lives in Stockholm, Sweden, and is
the head of the Swedish branch of the von Wowern family,
dating back to its founder who was born around 1090 and
made a Marquis in 1141. He is active in European charitable
and nobiliary work. Visit his page at
http://www.findyournobleancestors.com
I have elsewhere defined nobiliary law as "national legislation, or international or national customs, regulating nobiliary issues. In many cases this is not codified, but rather a set of rules and traditions having gained acceptance" (see my book at http://www.findyournobleancestors.com).Examples of some of the more important issues regulated by nobiliary law are:- claims to nobility (surname, coat of arms, title) by non-noble persons. This could, but must not, include: children with one or two noble parents but born out of wedlock; stepchildren to noble parents; children to a noble lady in an agnatic family, etc.- claims to nobility by noble persons, where the claims cannot be automatically verified. This could be e.g. the inheritance of a noble title in a junior line of the family when the senior line becomes extinct.- borderline cases, such as which among the ancient patrician families were, and were not, to be numbered among the nobility. Or the reactivation of a family's nobility after some time of voluntary or involuntary loss of nobility (usually because one or all of the nobiliary qualities has not been used for two or more generations).- the naturalisation of foreign nobility, that is the assimilation of immigrant nobility into the domestic nobility, usually with the purpose of ensuring the foreign nobility the same privileges as the domestic.- heraldry, and more specifically the use of certain symbols usually reserved for the nobility, such as coronets of nobiliary rank, the use of supporters, etc. Also marshalling of arms, that is the proper combination of two or more coats of arms due to marriage between two noble families, and similar issues may be regulated.In some countries the nobility is a subject of public law (Belgium, Finland, Netherlands, and in Spain only regarding the titled nobility). In other countries this is not the case, and then the nobility may have organised itself in one or more associations in order to have an institution to handle nobiliary issues such as those mentioned above. It is therefore of the utmost importance for every noble family to define and clarify under which legislation, or under which set of rules or regulations whether codified or not, they are a subject.Nobiliary law is a complex and multi-faceted subject. It is often necessary to do extensive research in order to establish which rules apply to a specific noble family. A starting place can be to collect relevant literature from (or about) the country where the family is known (or believed) to have been ennobled (or first recognised as noble). This may be done by searching the many antiquarian bookshops available on the Internet, for keywords such as "nobility" or "nobiliary" in the book title. Sometimes a specific Internet site will be dedicated to nobiliary law (such as the Italian http://www.dirittonobiliare.com).Perhaps the most important thing to remember about nobiliary law is that it is not the same as public law. It may well be possible, according to national legislation, for a non-noble person to assume a noble surname, but this does not make them members of the nobility. A person can only be a member of the nobility if they are so according to nobiliary law, whether this is in harmony with the public law or not.Jan-Olov von Wowern lives in Stockholm, Sweden, and is
the head of the Swedish branch of the von Wowern family,
dating back to its founder who was born around 1090 and
made a Marquis in 1141. He is active in European charitable
and nobiliary work. Visit his page at
http://www.findyournobleancestors.com
and download a FREE chapter from his book.
Keyword : nobiliary law, nobility, genealogy, family search,
Contractor Scams Explained
Author : Gil Mart Abareta
Just like in your personal belongings, you always want your homes to always look good, be organized, and receive good impressions from other people. Every time, little repairs such as leaks, broken window glasses, etc. need to be done, you are always pressured to fix these things immediately. And because of this, contractor scams happen to you sometimes without your knowledge. It will only be later that you'll realize that you have been fooled by these fraudulent individuals.How do contractor scams happen? Well, it's something like this…First, a contractor calls on the phone or knocks on your door and offers to install a new roof or remodel your kitchen at a price that sounds reasonable. You tell him you're interested, but can't afford it. He tells you it's no problem – he can arrange financing through a lender he knows. You agree to the project and the contractor begins work.At some point after the contractor begins, you are asked to sign a lot of papers. The papers may be blank or the lender may rush you to sign before you have time to read what you've been given to sign. You sign the papers. Later, you realize that the papers you signed are a home equity loan. The interest rate, points and fees seem very high. To make matters worse, the work on your home isn't done right or hasn't been completed, and the contractor, who may have been paid by the lender, has little interest in completing the work to your satisfaction.Truly, this is terrible! Giving away a little of your trust to these people to simply do little repairs in your homes will later cost you a lot. The worst thing – you'll not even get the right service that you deserve. A big headache, really…Know what, not all contractors operate within the law. I have here are some tip-offs to potential rip-offs. A less than reputable contractor solicits door-to-door, offers you discounts for finding other customers, just happens to have materials left over from a previous job, only accepts cash payments, asks you to get the required building permits, does not list a business number in the local telephone directory, tells you your job will be a "demonstration", pressures you for an immediate decision, offers exceptionally long guarantees, asks you to pay for the entire job up-front, and suggests that you borrow money from a lender the contractor knows.After reading this article, I just hope that nobody else will become a victim of these contractor scams. Let us all be careful even with the small things – such as these home repair stuff – we engage with.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : contractor, scams, law
Just like in your personal belongings, you always want your homes to always look good, be organized, and receive good impressions from other people. Every time, little repairs such as leaks, broken window glasses, etc. need to be done, you are always pressured to fix these things immediately. And because of this, contractor scams happen to you sometimes without your knowledge. It will only be later that you'll realize that you have been fooled by these fraudulent individuals.How do contractor scams happen? Well, it's something like this…First, a contractor calls on the phone or knocks on your door and offers to install a new roof or remodel your kitchen at a price that sounds reasonable. You tell him you're interested, but can't afford it. He tells you it's no problem – he can arrange financing through a lender he knows. You agree to the project and the contractor begins work.At some point after the contractor begins, you are asked to sign a lot of papers. The papers may be blank or the lender may rush you to sign before you have time to read what you've been given to sign. You sign the papers. Later, you realize that the papers you signed are a home equity loan. The interest rate, points and fees seem very high. To make matters worse, the work on your home isn't done right or hasn't been completed, and the contractor, who may have been paid by the lender, has little interest in completing the work to your satisfaction.Truly, this is terrible! Giving away a little of your trust to these people to simply do little repairs in your homes will later cost you a lot. The worst thing – you'll not even get the right service that you deserve. A big headache, really…Know what, not all contractors operate within the law. I have here are some tip-offs to potential rip-offs. A less than reputable contractor solicits door-to-door, offers you discounts for finding other customers, just happens to have materials left over from a previous job, only accepts cash payments, asks you to get the required building permits, does not list a business number in the local telephone directory, tells you your job will be a "demonstration", pressures you for an immediate decision, offers exceptionally long guarantees, asks you to pay for the entire job up-front, and suggests that you borrow money from a lender the contractor knows.After reading this article, I just hope that nobody else will become a victim of these contractor scams. Let us all be careful even with the small things – such as these home repair stuff – we engage with.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : contractor, scams, law
Your Personal Injury Lawyer - Here's 7 Tips to Help You Hire a Good Attorney
Author : Arthur Gueli
You need to hire a personal injury lawyer if you suffer an injury that results in significant damages. But in any given city, there are probably over 20 pages of personal injury attorney listings in the phone book. How do you pick the right one? What do you look for? What questions should you ask?Here are 7 things you should know before hiring your injury lawyer...1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you're not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm's website and read up on it's history and each lawyer's biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you'll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won't get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement - that's after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly - they make their profit from high turnover. So naturally they won't put as much time and effort into each case as they should. (If you're looking for a quick settlement be prepared to accept less than what your case is really worth.)6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.Bonus Tip:8) NEVER give a recorded statement to a representative from any insurance company until you've consulted a lawyer. When the rep. asks for one simply say, "I'm not prepared to give a statement at this time." A recorded statement can be used as evidence and if you're not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured plaintiffs how to obtain fair compensation for their damages.Feel free to visit their educational website, http://www.Injury-Settlement-Guide.com to learn more about how to hire a good personal injury lawyer and get a fair settlement.
Keyword : personal injury lawyer, personal injury attorney, personal injury, injury settlement
You need to hire a personal injury lawyer if you suffer an injury that results in significant damages. But in any given city, there are probably over 20 pages of personal injury attorney listings in the phone book. How do you pick the right one? What do you look for? What questions should you ask?Here are 7 things you should know before hiring your injury lawyer...1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you're not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm's website and read up on it's history and each lawyer's biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you'll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won't get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement - that's after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly - they make their profit from high turnover. So naturally they won't put as much time and effort into each case as they should. (If you're looking for a quick settlement be prepared to accept less than what your case is really worth.)6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.Bonus Tip:8) NEVER give a recorded statement to a representative from any insurance company until you've consulted a lawyer. When the rep. asks for one simply say, "I'm not prepared to give a statement at this time." A recorded statement can be used as evidence and if you're not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured plaintiffs how to obtain fair compensation for their damages.Feel free to visit their educational website, http://www.Injury-Settlement-Guide.com to learn more about how to hire a good personal injury lawyer and get a fair settlement.
Keyword : personal injury lawyer, personal injury attorney, personal injury, injury settlement
What is a Will and Why Do We Need One?
Author : Peter Viliamu
About Wills
No one wants to think of the possibility of death - that is, his/her own death. But it is important to make sure that your family and other loved ones are provided for if anything happens to you. If you don't have a will then now is the time to give it serious thought. If you have made a will and you want to make amendments then do so now because it will be too late to make those changes if something should happen to you.Always make sure that your wishes are properly documented because the court will look at your will as the final proof of your wishes regarding your assets on your death. Remember - if you don't have a written will the courts will assess what is to happen to your assets and they will order the disposal of your assets in the way they believe is best. The problem is that this may not be according to your wishes; so make sure you look seriously at the making of a will at the earliest.What is a Will?
A will is a document containing your instructions and wishes as to how your property and assets are to be distributed after your death. Any person, of any age, should seriously consider a will at the earliest. A will should not only be for people who have reached an age where death is not far away. People die at all ages and a will is needed especially if you have assets and property to be allocated to those you wish to benefit.A will is the expression of the person's wishes concerning how their property is to be distributed. It is a written statement, signed in compliance with the various formalities covered by legislation. It is a legal document containing the names of the people you want to benefit, as well as details of your possessions at the date of your death. The people you want to benefit are called beneficiaries.Your property or possessions will include everything you own, such as your home, land, vehicles, bank accounts, benefits of insurance policies, furniture, boat, investments such as shares, personal jewellery, artwork, and so on. A will is the only way you can ensure your assets will be distributed according to your wishes after your death.What is a Valid Will?
A valid will is a will that is accepted by the court and put into effect by the court granting what is known as probate. Probate is approval or acceptance by the court of how your assets are to be dealt with.A valid will must have the following features:
It must be in writing - handwritten, typed or printed.
It must be signed with your signature at the end of the document.
It must be witnessed by at least two other people present at the time of signing. They need to acknowledge they were present and must sign the will as witnesses in your presence. They don't have to be together at the same time of signing.
If your will is not made in this manner then the court may not accept it and it would be unenforceable (the courts will not enforce it). The court has discretion to grant probate (probate is confirmation that the will is valid and accepted) and your possessions could be disposed of as if you hadn't made a will at all. When the court exercises this discretion, it has to be satisfied that the document sets out clearly how you wanted your assets to be allocated or distributed.About Completing a Will
Most people know that they need to put together a will sometime before they die. Unfortunately, the majority of people don't have a will. They don't think about writing up a will until they are past the age of 50.Writing a will doesn't need to be expensive. Once it is done you can rest easy, knowing that your wishes will be followed after your death. Most wills can be composed quite simply. Others are more complex and involve more people, substantial assets, and cash. These wills should be discussed with lawyers who specialise in this area.While a will is not critical if you do not possess much (e.g. property for distributions), you may have personal items such as jewellery, manuscripts, or trophies that you want to be left to specific people. Having a will clarifies this and saves any arguments later on.If your estate, possession and property are valuable, you should ensure that a will sets out your wishes and instructions clearly. It might be inconvenient for you to set up a Will while you are alive, but it could save arguments and fighting amongst your beneficiaries.Why Make a Will?
If a person dies without making a will then the rules according to law will apply. If you die without a will the term is; you have died "intestate". If you die intestate then the court rules on how things are done, how your property is distributed, and who the beneficiaries would be. It may not be according to your wishes, so dying intestate is not a good position to be in as far as your beneficiaries are concerned.Because most of us don't know when we are going to die, we should approach the drafting of a will as if we haven't many days left on this earth. This is important because it saves arguments amongst family members and beneficiaries after your death.The following are a few examples of what could happen if you died in testate. You may not be particularly happy about some of them.
If you die without spouse or children, but are survived by your parents, then your parents will generally receive all the assets of your estate.
If you die and are survived by a spouse, then the whole of your estate will generally pass to your spouse.
If you die and are survived by a spouse and children, the estate will most likely be divided between your spouse and children, as determined by the courts. The split of your estate between your spouse and children can cause problems for your spouse, who may have to sell a family home in order to pay out the shares to the children.
If you die without spouse, children or parents, but are survived by brothers and sisters, then your estate will be divided equally amongst those brothers and sisters.
There are a number of reasons why you should make a will as soon as you can.These are:
To protect your loved ones.
Making a will is one of the only ways to be certain that your lifetime's work and assets, built up over the years, are passed on to the people you want. It provides security for your family and those you are responsible for. Most of your life would be spent building up your assets. These may consist of home, car, insurance policies and other investments, etc. You will want those assets to go to the people you choose, rather than to someone else.
Smooth transfer of assets.
Having a will enables your assets to be transferred smoothly on your death. You need to prepare a detailed list of your assets, as well as your personal goals before putting your plan in place. Your ultimate plan will involve investment advice and planning, so that there is a provision for the orderly transfer of your assets.
To secure your children's future.
If you have children (under adult age), you may wish to nominate guardians and make arrangements for their upkeep and education.
For a second marriage.
If you are currently in your second marriage, you need a will to protect the members of your new family. A marriage generally invalidates any will made prior to the date of marriage, so unless you have a new will including reference to your new family, your new family may not get the protection you want.
De facto relationship.
If you die without a Will your partner could stand to lose assets and mementos that rightly belong to him/her. A de facto spouse does not have an automatic entitlement to your estate if you die without a will. Strangely enough, a divorced former spouse can still inherit your estate because a divorce does not automatically cancel a will.Copyright 2005 StartRunGrow
http://www.startrungrow.comStartRunGrow (http://www.startrungrow.com) is a global online information organization that specializes in creating, developing and marketing business help information specifically with the aim of "making business easier" for entrepreneurs around the world. The StartRunGrow objective is to become a dominant player in the business help arena providing end to end solutions for the millions of small and medium businesses worldwide who continue to struggle daily with the difficulties of starting, running and growing a successful business.
Keyword : finance, will, personal, family, money, legal, document
About Wills
No one wants to think of the possibility of death - that is, his/her own death. But it is important to make sure that your family and other loved ones are provided for if anything happens to you. If you don't have a will then now is the time to give it serious thought. If you have made a will and you want to make amendments then do so now because it will be too late to make those changes if something should happen to you.Always make sure that your wishes are properly documented because the court will look at your will as the final proof of your wishes regarding your assets on your death. Remember - if you don't have a written will the courts will assess what is to happen to your assets and they will order the disposal of your assets in the way they believe is best. The problem is that this may not be according to your wishes; so make sure you look seriously at the making of a will at the earliest.What is a Will?
A will is a document containing your instructions and wishes as to how your property and assets are to be distributed after your death. Any person, of any age, should seriously consider a will at the earliest. A will should not only be for people who have reached an age where death is not far away. People die at all ages and a will is needed especially if you have assets and property to be allocated to those you wish to benefit.A will is the expression of the person's wishes concerning how their property is to be distributed. It is a written statement, signed in compliance with the various formalities covered by legislation. It is a legal document containing the names of the people you want to benefit, as well as details of your possessions at the date of your death. The people you want to benefit are called beneficiaries.Your property or possessions will include everything you own, such as your home, land, vehicles, bank accounts, benefits of insurance policies, furniture, boat, investments such as shares, personal jewellery, artwork, and so on. A will is the only way you can ensure your assets will be distributed according to your wishes after your death.What is a Valid Will?
A valid will is a will that is accepted by the court and put into effect by the court granting what is known as probate. Probate is approval or acceptance by the court of how your assets are to be dealt with.A valid will must have the following features:
It must be in writing - handwritten, typed or printed.
It must be signed with your signature at the end of the document.
It must be witnessed by at least two other people present at the time of signing. They need to acknowledge they were present and must sign the will as witnesses in your presence. They don't have to be together at the same time of signing.
If your will is not made in this manner then the court may not accept it and it would be unenforceable (the courts will not enforce it). The court has discretion to grant probate (probate is confirmation that the will is valid and accepted) and your possessions could be disposed of as if you hadn't made a will at all. When the court exercises this discretion, it has to be satisfied that the document sets out clearly how you wanted your assets to be allocated or distributed.About Completing a Will
Most people know that they need to put together a will sometime before they die. Unfortunately, the majority of people don't have a will. They don't think about writing up a will until they are past the age of 50.Writing a will doesn't need to be expensive. Once it is done you can rest easy, knowing that your wishes will be followed after your death. Most wills can be composed quite simply. Others are more complex and involve more people, substantial assets, and cash. These wills should be discussed with lawyers who specialise in this area.While a will is not critical if you do not possess much (e.g. property for distributions), you may have personal items such as jewellery, manuscripts, or trophies that you want to be left to specific people. Having a will clarifies this and saves any arguments later on.If your estate, possession and property are valuable, you should ensure that a will sets out your wishes and instructions clearly. It might be inconvenient for you to set up a Will while you are alive, but it could save arguments and fighting amongst your beneficiaries.Why Make a Will?
If a person dies without making a will then the rules according to law will apply. If you die without a will the term is; you have died "intestate". If you die intestate then the court rules on how things are done, how your property is distributed, and who the beneficiaries would be. It may not be according to your wishes, so dying intestate is not a good position to be in as far as your beneficiaries are concerned.Because most of us don't know when we are going to die, we should approach the drafting of a will as if we haven't many days left on this earth. This is important because it saves arguments amongst family members and beneficiaries after your death.The following are a few examples of what could happen if you died in testate. You may not be particularly happy about some of them.
If you die without spouse or children, but are survived by your parents, then your parents will generally receive all the assets of your estate.
If you die and are survived by a spouse, then the whole of your estate will generally pass to your spouse.
If you die and are survived by a spouse and children, the estate will most likely be divided between your spouse and children, as determined by the courts. The split of your estate between your spouse and children can cause problems for your spouse, who may have to sell a family home in order to pay out the shares to the children.
If you die without spouse, children or parents, but are survived by brothers and sisters, then your estate will be divided equally amongst those brothers and sisters.
There are a number of reasons why you should make a will as soon as you can.These are:
To protect your loved ones.
Making a will is one of the only ways to be certain that your lifetime's work and assets, built up over the years, are passed on to the people you want. It provides security for your family and those you are responsible for. Most of your life would be spent building up your assets. These may consist of home, car, insurance policies and other investments, etc. You will want those assets to go to the people you choose, rather than to someone else.
Smooth transfer of assets.
Having a will enables your assets to be transferred smoothly on your death. You need to prepare a detailed list of your assets, as well as your personal goals before putting your plan in place. Your ultimate plan will involve investment advice and planning, so that there is a provision for the orderly transfer of your assets.
To secure your children's future.
If you have children (under adult age), you may wish to nominate guardians and make arrangements for their upkeep and education.
For a second marriage.
If you are currently in your second marriage, you need a will to protect the members of your new family. A marriage generally invalidates any will made prior to the date of marriage, so unless you have a new will including reference to your new family, your new family may not get the protection you want.
De facto relationship.
If you die without a Will your partner could stand to lose assets and mementos that rightly belong to him/her. A de facto spouse does not have an automatic entitlement to your estate if you die without a will. Strangely enough, a divorced former spouse can still inherit your estate because a divorce does not automatically cancel a will.Copyright 2005 StartRunGrow
http://www.startrungrow.comStartRunGrow (http://www.startrungrow.com) is a global online information organization that specializes in creating, developing and marketing business help information specifically with the aim of "making business easier" for entrepreneurs around the world. The StartRunGrow objective is to become a dominant player in the business help arena providing end to end solutions for the millions of small and medium businesses worldwide who continue to struggle daily with the difficulties of starting, running and growing a successful business.
Keyword : finance, will, personal, family, money, legal, document
In a personal injury lawsuit, will I have to be examined by a doctor for the other side?
Author : Gerry Oginski
Q: During my case, will I have to be examined by a doctor for the defense?A: In almost every type of injury case the answer is yes.
When you put your medical condition in issue, and you claim you were injured because of another's wrongdoing, the defense has a right to have you examined by a doctor of their choosing. This allegedly (at least in theory) allows them to evaluate your current medical condition to see for themselves whether you are truly as disabled as you claim to be.The reality is that there are many doctors who are routinely used by various insurance companies to perform "Independent medical exams." This term is really a farce, since there is nothing "Independent" about this exam. The defense insurance company selects this doctor. They send him your records. They pay his fee for the exam. In some cases, the referrals to doctors for these types of exams will make up the bulk of a doctor's practice. In that instance don't you think that the doctor is more likely to MINIMIZE your injuries, and make the defendant's position better, so as to encourage the insurance company to keep sending patients to the doctor to examine?If the doctor gave an unbiased, totally objective medical opinion in every instance, I am pretty sure that many of the monetary offers by insurance companies would be much fairer and higher than they currently are. Remember, insurance companies are in business to MAKE MONEY. Not to give it away. Also, these doctors who are doing these exams see the patient only one time; and not for treatment. They don't have the benefit of seeing the patient many times, over a period of weeks, months or even years. There is no real relationship that develops during this solitary exam. How can a physican realistically evaluate someone's medical condition without the benefit of seeing and evaluating them over time?Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Compensation, medical malpractice, injury, injured, medical, lawyer, attorney, lawsuit, money, damag
Q: During my case, will I have to be examined by a doctor for the defense?A: In almost every type of injury case the answer is yes.
When you put your medical condition in issue, and you claim you were injured because of another's wrongdoing, the defense has a right to have you examined by a doctor of their choosing. This allegedly (at least in theory) allows them to evaluate your current medical condition to see for themselves whether you are truly as disabled as you claim to be.The reality is that there are many doctors who are routinely used by various insurance companies to perform "Independent medical exams." This term is really a farce, since there is nothing "Independent" about this exam. The defense insurance company selects this doctor. They send him your records. They pay his fee for the exam. In some cases, the referrals to doctors for these types of exams will make up the bulk of a doctor's practice. In that instance don't you think that the doctor is more likely to MINIMIZE your injuries, and make the defendant's position better, so as to encourage the insurance company to keep sending patients to the doctor to examine?If the doctor gave an unbiased, totally objective medical opinion in every instance, I am pretty sure that many of the monetary offers by insurance companies would be much fairer and higher than they currently are. Remember, insurance companies are in business to MAKE MONEY. Not to give it away. Also, these doctors who are doing these exams see the patient only one time; and not for treatment. They don't have the benefit of seeing the patient many times, over a period of weeks, months or even years. There is no real relationship that develops during this solitary exam. How can a physican realistically evaluate someone's medical condition without the benefit of seeing and evaluating them over time?Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Compensation, medical malpractice, injury, injured, medical, lawyer, attorney, lawsuit, money, damag
How to Become a Notary Public
Author : Kent Pinkerton
Notary Publics first became prominent during the 1500's, at the height of the Roman Empire. They were chosen either by the Pope, or the Archbishop of Canterbury to whom the Pope delegated authority. During those years notaries were well versed in foreign languages, as well as the principles and practices of law.On the other hand, becoming a notary public in the U.S., thereby serving as witness to the signing of documents and an administrator of oaths, does not require special training or experience. It is a relatively easy position to secure, in most cases only requiring the candidate to pass a short test and undergo a background check. With this in mind, the rights and privileges accorded to a notary public do not extend beyond the basic duties of an impartial witness. More specifically, they are not permitted to give any form of legal counsel, prepare legal documents or otherwise practice law.For those interested in becoming a licensed notary, there are three basic steps to follow:First, fill out an application, providing your name, address and other contact info. You will also answer questions regarding age, residency and any previous notary commissions held. (Application procedures vary from state to state. For more information regarding the application process, you can visit the National Notary Association website, http://www.nationalnotary.org.) Second, applicants are next required to pay a fee to the commissioning authority. Finally, applicants must take an oath of office, which may be incorporated into the application or filed with a county clerk.There are other possible steps that may include taking an educational course, passing a test or obtaining a notary bond. These requirements vary from state to state, therefore applicants are encouraged to consult their local official or contact the National Notary Association for more info.Many states offer notary public classes to help aspiring notaries gain their commission. Pat Meyer, an instructor at a Northern California Notary instruction course has helped thousands of notaries or future notaries obtain or renew their notary commission. The course offers same day classes and exams. For more information about this service, log onto http://www.notaryclasses.net.For those residing in the state of New York, log onto http://www.notarytrainer.com, where one can purchase a New York Notary Application Kit, which includes sample notary test questions, as well as the official New York Notary Laws and Procedures handbook.Notary Public Info provides detailed information about how to become a notary public, plus notary public classes, supplies, services locations, and more. Notary Public Info is the sister site of Paralegals Web.
Keyword : notary public, how to become a notary public, notary public supplies
Notary Publics first became prominent during the 1500's, at the height of the Roman Empire. They were chosen either by the Pope, or the Archbishop of Canterbury to whom the Pope delegated authority. During those years notaries were well versed in foreign languages, as well as the principles and practices of law.On the other hand, becoming a notary public in the U.S., thereby serving as witness to the signing of documents and an administrator of oaths, does not require special training or experience. It is a relatively easy position to secure, in most cases only requiring the candidate to pass a short test and undergo a background check. With this in mind, the rights and privileges accorded to a notary public do not extend beyond the basic duties of an impartial witness. More specifically, they are not permitted to give any form of legal counsel, prepare legal documents or otherwise practice law.For those interested in becoming a licensed notary, there are three basic steps to follow:First, fill out an application, providing your name, address and other contact info. You will also answer questions regarding age, residency and any previous notary commissions held. (Application procedures vary from state to state. For more information regarding the application process, you can visit the National Notary Association website, http://www.nationalnotary.org.) Second, applicants are next required to pay a fee to the commissioning authority. Finally, applicants must take an oath of office, which may be incorporated into the application or filed with a county clerk.There are other possible steps that may include taking an educational course, passing a test or obtaining a notary bond. These requirements vary from state to state, therefore applicants are encouraged to consult their local official or contact the National Notary Association for more info.Many states offer notary public classes to help aspiring notaries gain their commission. Pat Meyer, an instructor at a Northern California Notary instruction course has helped thousands of notaries or future notaries obtain or renew their notary commission. The course offers same day classes and exams. For more information about this service, log onto http://www.notaryclasses.net.For those residing in the state of New York, log onto http://www.notarytrainer.com, where one can purchase a New York Notary Application Kit, which includes sample notary test questions, as well as the official New York Notary Laws and Procedures handbook.Notary Public Info provides detailed information about how to become a notary public, plus notary public classes, supplies, services locations, and more. Notary Public Info is the sister site of Paralegals Web.
Keyword : notary public, how to become a notary public, notary public supplies
Choosing A Process Server
Author : David Hallstrom
In civil court matters, a process server is someone who serves or delivers legal documents, ie. subpeonas, summonses, court orders, various legal notices and in some cases writs. Process servers normally fall into one of four (4) categories:
1. Registered or licensed process servers: In most states, process servers are registered by their county. In some states, like California a process server, once registered in one county can serve papers in any other county within that state. In some other states a process server can only serve papers in the county in which he or she is registered. Most, but not all counties, when registering a process server require the applicant to be bonded or insured.
2. Private detectives and investigators: In most states private detectives and investigators are licensed by the state and exempt from registering as process servers. They and anyone in their employ can serve legal process and when doing so are considered officers of the court.
3. Sheriffs, Marshals and Constables: Sworn peace officers.
4. Non registered or licensed individuals: Friends, relatives and others.
In many states as in California a non registered individual may serve up to ten (10) legal documents each year provided that individual is not a party to the action at hand. ie: a plaintiff or defendant, etc.. When the service of the paper has been completed the server must sign an affidavit that the paper was served properly. That affidavit must usually be signed under penalty of perjury.
It is not usually a good idea to have a non professional serve process. They do not normally know the laws and rules involved in process serving nor do they usually know how to fill out a proper proof of service. Either of these can cause a service to be declared invalid and possibly cause you to lose the case or at the least force you to start over. Additionally many people attempt to evade service and a professional has a better chance of completing service. Finally, process serving can be very dangerous. Many people get very angry when served and attempt to take it out on the process server. Over the years I have had many servers beat up and attacked with knives or clubs or hit with thrown rocks.
I have had several servers that were non fatal victims of vehicular attacks and three servers that were shot, several more were shot at but not hit.
At one time, Sheriffs, Marshals and Constables were considered good choices for serving papers, however that is not now usually the case. Most Marshals no longer serve papers and many Sheriffs and Constables are so busy doing other things that your papers may sit for weeks or longer before or if they are taken out for service. Additionally, many people, when the see a Marshal's or Sheriff's uniform, just do not answer their door. The Sheriff or Marshal walks away and the papers are returned unserved.
Licensed private detectives and investigators can sometimes make the best servers, however not all of them serve papers and many believe that since they are "big shot" investigators they should charge far more than registered process servers. Others serve so few papers that they sometimes "make a mountain out of a molehill" and turn a fairly easy service into a difficult one. Other investigators turn every service into an investigation in order to run up billable hours. Then again, if you find a good detective agency, they will have numerous service assignments and investigators that can serve papers fast and efficiently for a reasonable fee.
Most licensed investigators can be trusted to be honest about the papers they serve. It is not easy to obtain a license and if they get caught commiting perjury by saying they served a paper when they did not or if they get caught billing a client for work that was not done, they can lose their license. If they lose their license they are out of business as they usually can not get a license reinstated. Additionally, in most states, complaints can be filed against a licensee and those complaints are investigated. Prospective clients can contact the state licensing board and obtain a record of adjudicated complaints.
Registered process servers usually know the laws and rules and for the most part are honest and hard workers. In most counties it is, however, easy to register and there is usually no licensing body to keep an eye on them. Therefore, if the registration is revoked the server can usually get a friend or relative to register and then the server can list himself or herself as an independant contractor working for the new registrant. Also there is no experience required in order to register. Finally there is usually no place where a prospective client can check for or file a complaint against a registrant. The only recourse a client usually has against a registered process server is to file a law suit against the party and then if a judgment is obtained to go against the registrants bond. Note, however that not all registering counties or states require a bond and those that do usually require a bond of $2000.00 or less.
When searching for a process server take care. Do not choose just anyone. Never use a friend or relative. If you find a server over the internet do not just go by the looks of the web site. A person can be a poor web site designer and a good server or vice versa. Call the server and ask questions based on the foregoing information in this article. If the server refuses to speak with you do not use his or her services. If the server is a licensed investigator check out the license. Contact the Better Business Bureau and see if they have any information. Try not to use a one person operation as he or she may not be able to keep up with the workload or may be forced to charge high fees in order to make up for a lack of steady business.
When making your choice do not go by price. Expensive servers are not necessarily the best just as inexpensive servers are not necessarily the worst. Hallstrom Detective Agency was considered to have one of the best process serving divisions in the United States, yet we charged less than almost any other service in the country. Ask about addirtional fees. Many companies quote a low initial fee and then tack on a fortune in incidental fees.
For links to directories listing process servers, private investigators, detective agencies, court reporters, people finders and more, offered for attorneys and other legal practitioners visit http://services.resourcesforattorneys.com a directory of directories listing links to services of use to the legal profession.
The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over the last thirty years. David G. Hallstrom, Sr. is the owner of Hallstrom Detective Agency and although the agency no longer offers process serving services, it has, through it's servers, completed service of several hundred thousand legal documents. Although the author believes the information to be accurate no guarantee is made or implied.
This article may be reprinted, at no charge, provided that credit is given to the author and that any links contained herein are retained and kept active. ©Copyright 2005 Resources For Attorneys. All Rights Reserved Worldwide.David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including http://www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public.
Keyword : process server,legal,law,legal resources,attorney,lawyer
In civil court matters, a process server is someone who serves or delivers legal documents, ie. subpeonas, summonses, court orders, various legal notices and in some cases writs. Process servers normally fall into one of four (4) categories:
1. Registered or licensed process servers: In most states, process servers are registered by their county. In some states, like California a process server, once registered in one county can serve papers in any other county within that state. In some other states a process server can only serve papers in the county in which he or she is registered. Most, but not all counties, when registering a process server require the applicant to be bonded or insured.
2. Private detectives and investigators: In most states private detectives and investigators are licensed by the state and exempt from registering as process servers. They and anyone in their employ can serve legal process and when doing so are considered officers of the court.
3. Sheriffs, Marshals and Constables: Sworn peace officers.
4. Non registered or licensed individuals: Friends, relatives and others.
In many states as in California a non registered individual may serve up to ten (10) legal documents each year provided that individual is not a party to the action at hand. ie: a plaintiff or defendant, etc.. When the service of the paper has been completed the server must sign an affidavit that the paper was served properly. That affidavit must usually be signed under penalty of perjury.
It is not usually a good idea to have a non professional serve process. They do not normally know the laws and rules involved in process serving nor do they usually know how to fill out a proper proof of service. Either of these can cause a service to be declared invalid and possibly cause you to lose the case or at the least force you to start over. Additionally many people attempt to evade service and a professional has a better chance of completing service. Finally, process serving can be very dangerous. Many people get very angry when served and attempt to take it out on the process server. Over the years I have had many servers beat up and attacked with knives or clubs or hit with thrown rocks.
I have had several servers that were non fatal victims of vehicular attacks and three servers that were shot, several more were shot at but not hit.
At one time, Sheriffs, Marshals and Constables were considered good choices for serving papers, however that is not now usually the case. Most Marshals no longer serve papers and many Sheriffs and Constables are so busy doing other things that your papers may sit for weeks or longer before or if they are taken out for service. Additionally, many people, when the see a Marshal's or Sheriff's uniform, just do not answer their door. The Sheriff or Marshal walks away and the papers are returned unserved.
Licensed private detectives and investigators can sometimes make the best servers, however not all of them serve papers and many believe that since they are "big shot" investigators they should charge far more than registered process servers. Others serve so few papers that they sometimes "make a mountain out of a molehill" and turn a fairly easy service into a difficult one. Other investigators turn every service into an investigation in order to run up billable hours. Then again, if you find a good detective agency, they will have numerous service assignments and investigators that can serve papers fast and efficiently for a reasonable fee.
Most licensed investigators can be trusted to be honest about the papers they serve. It is not easy to obtain a license and if they get caught commiting perjury by saying they served a paper when they did not or if they get caught billing a client for work that was not done, they can lose their license. If they lose their license they are out of business as they usually can not get a license reinstated. Additionally, in most states, complaints can be filed against a licensee and those complaints are investigated. Prospective clients can contact the state licensing board and obtain a record of adjudicated complaints.
Registered process servers usually know the laws and rules and for the most part are honest and hard workers. In most counties it is, however, easy to register and there is usually no licensing body to keep an eye on them. Therefore, if the registration is revoked the server can usually get a friend or relative to register and then the server can list himself or herself as an independant contractor working for the new registrant. Also there is no experience required in order to register. Finally there is usually no place where a prospective client can check for or file a complaint against a registrant. The only recourse a client usually has against a registered process server is to file a law suit against the party and then if a judgment is obtained to go against the registrants bond. Note, however that not all registering counties or states require a bond and those that do usually require a bond of $2000.00 or less.
When searching for a process server take care. Do not choose just anyone. Never use a friend or relative. If you find a server over the internet do not just go by the looks of the web site. A person can be a poor web site designer and a good server or vice versa. Call the server and ask questions based on the foregoing information in this article. If the server refuses to speak with you do not use his or her services. If the server is a licensed investigator check out the license. Contact the Better Business Bureau and see if they have any information. Try not to use a one person operation as he or she may not be able to keep up with the workload or may be forced to charge high fees in order to make up for a lack of steady business.
When making your choice do not go by price. Expensive servers are not necessarily the best just as inexpensive servers are not necessarily the worst. Hallstrom Detective Agency was considered to have one of the best process serving divisions in the United States, yet we charged less than almost any other service in the country. Ask about addirtional fees. Many companies quote a low initial fee and then tack on a fortune in incidental fees.
For links to directories listing process servers, private investigators, detective agencies, court reporters, people finders and more, offered for attorneys and other legal practitioners visit http://services.resourcesforattorneys.com a directory of directories listing links to services of use to the legal profession.
The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over the last thirty years. David G. Hallstrom, Sr. is the owner of Hallstrom Detective Agency and although the agency no longer offers process serving services, it has, through it's servers, completed service of several hundred thousand legal documents. Although the author believes the information to be accurate no guarantee is made or implied.
This article may be reprinted, at no charge, provided that credit is given to the author and that any links contained herein are retained and kept active. ©Copyright 2005 Resources For Attorneys. All Rights Reserved Worldwide.David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including http://www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public.
Keyword : process server,legal,law,legal resources,attorney,lawyer
Motorcycle Accident Claim - Your Compensation!
Author : Mohammad Latif
Motorcycles and motorbikes belong to a group of vehicles that often take part in a small number of road accidents. The statistics speak for itself, as motorcycle riders are just 1% of traffic. Therefore a motorcycle accident claim is small in number, but they suffer 19% of deaths and serious injuries.In the year 2002 over 600 motorcyclists died in road traffic accidents and almost 7000 suffered from serious injuries.A head injury is the most often cause of death and serious injuries in a motorcycle accident. A motorcyclist is 45 times more likely to be killed in a road accident than a car driver.Cause Of A Motorcycle AccidentReasons may vary - not only other road users may cause the accident but also highway authorities are often responsible for them. Poor maintenance of roads, resulting in road surface damages which is a common result of a motorcycle accident claim.Lack of seatbelts and any outside protection granted by cars also raise the risk of serious injuries for motorcyclists. The other problem is visibility - motorbikes belong to a group of road users vulnerable to not being seen well, making up to a 1/3 of a cars visibility.What To Begin WithThere are some general rules about motorbike accidents that one should be aware of. Firstly, always make sure if the police attend the scene ensure a detailed report of the accident, even if it seems insignificant. Even the smallest injuries or damage to your motorbike or anything carried on it can underlie a successful accident claim.Secondly, you can make a compensation claim if your motorbike accident was not your fault or your fault was only partial. Your speed and wearing a protective helmet are among many details, which must be considered while the fault is being determined.Thirdly, time matters, so every accident should be reported as soon as possible. If the person responsible for your accident doesn't stop or has no insurance, you can still make a claim however, it will be dealt with the Motor Insurers Bureau.MIB is an organization, who provide compensation for victims of accidents involving uninsured drivers and hit-and-run cases.It's Not Easy?As you will notice, dealing with a motorcycle injury claim is quite complicated and it requires a fast and professional reaction. But how can you react fast enough and take care of all these details if you have suffered serious health problems caused by the accident?The best you can do in this situation is to employ a personal injury solicitor. An accident solicitor's help is an absolute must to handle your compensation claim. Details such as - injury assessment, accident reports, claim preparations, etc.What is important, you don't risk anything, thanks to a 'no win no fee' arrangement, which simply means that if your case wins, you keep the winnings and if lost, all costs are paid by solicitor.Enough Risk - Let's Do It Safely!Riding a motorcycle is a wonderful experience as may know but it is risky and injuries involving motorcycle accidents are often very serious. Isn't all this risk enough? Do you need to take another risk even after the accident by trying to handle the claim yourself or employing some company, which cares more about the money than about your well-being and successful claim?Make use of a personal injury solicitor under a no win no fee arrangement and take no more unnecessary risk. After your suffering, you deserve a good and stress-free compensation. You can have it with some help of an accident solicitor.It's easy to make a motorcycle accident claim, if you know how. Learn the 12 revolutions of the new injury claim culture at http://www.compensationsecrets.co.uk/motorcycle-accident-claim.html and get a free assessment.
Keyword : motorcycle accident claim, motorbike claim, motorbike accident claim, motorcycle accident, accident
Motorcycles and motorbikes belong to a group of vehicles that often take part in a small number of road accidents. The statistics speak for itself, as motorcycle riders are just 1% of traffic. Therefore a motorcycle accident claim is small in number, but they suffer 19% of deaths and serious injuries.In the year 2002 over 600 motorcyclists died in road traffic accidents and almost 7000 suffered from serious injuries.A head injury is the most often cause of death and serious injuries in a motorcycle accident. A motorcyclist is 45 times more likely to be killed in a road accident than a car driver.Cause Of A Motorcycle AccidentReasons may vary - not only other road users may cause the accident but also highway authorities are often responsible for them. Poor maintenance of roads, resulting in road surface damages which is a common result of a motorcycle accident claim.Lack of seatbelts and any outside protection granted by cars also raise the risk of serious injuries for motorcyclists. The other problem is visibility - motorbikes belong to a group of road users vulnerable to not being seen well, making up to a 1/3 of a cars visibility.What To Begin WithThere are some general rules about motorbike accidents that one should be aware of. Firstly, always make sure if the police attend the scene ensure a detailed report of the accident, even if it seems insignificant. Even the smallest injuries or damage to your motorbike or anything carried on it can underlie a successful accident claim.Secondly, you can make a compensation claim if your motorbike accident was not your fault or your fault was only partial. Your speed and wearing a protective helmet are among many details, which must be considered while the fault is being determined.Thirdly, time matters, so every accident should be reported as soon as possible. If the person responsible for your accident doesn't stop or has no insurance, you can still make a claim however, it will be dealt with the Motor Insurers Bureau.MIB is an organization, who provide compensation for victims of accidents involving uninsured drivers and hit-and-run cases.It's Not Easy?As you will notice, dealing with a motorcycle injury claim is quite complicated and it requires a fast and professional reaction. But how can you react fast enough and take care of all these details if you have suffered serious health problems caused by the accident?The best you can do in this situation is to employ a personal injury solicitor. An accident solicitor's help is an absolute must to handle your compensation claim. Details such as - injury assessment, accident reports, claim preparations, etc.What is important, you don't risk anything, thanks to a 'no win no fee' arrangement, which simply means that if your case wins, you keep the winnings and if lost, all costs are paid by solicitor.Enough Risk - Let's Do It Safely!Riding a motorcycle is a wonderful experience as may know but it is risky and injuries involving motorcycle accidents are often very serious. Isn't all this risk enough? Do you need to take another risk even after the accident by trying to handle the claim yourself or employing some company, which cares more about the money than about your well-being and successful claim?Make use of a personal injury solicitor under a no win no fee arrangement and take no more unnecessary risk. After your suffering, you deserve a good and stress-free compensation. You can have it with some help of an accident solicitor.It's easy to make a motorcycle accident claim, if you know how. Learn the 12 revolutions of the new injury claim culture at http://www.compensationsecrets.co.uk/motorcycle-accident-claim.html and get a free assessment.
Keyword : motorcycle accident claim, motorbike claim, motorbike accident claim, motorcycle accident, accident
Federal Trade Commission Franchise Group Violates Duties
Author : Lance Winslow
The Federal Trade Commission; FTC is violating consumer trust. In their haste to regulate franchising, they have all but endorsed businesses, which sell Franchisor Disclosure Documents to the public. The FTC's theory is the more disclosure out there the easier it is for the consumers to get information. Yet there is a significant problem in all this pre-screening comparison. Number one the companies selling these documents cannot guarantee that you have the updated and most recent disclosure, thus they are providing disclosure, which may not be factual. This is in effect misrepresenting the company, whether good or bad, if it is outdated it is incorrect. I know that at one time we were changing our franchise documents at least once per week. Some of those changes could be material changes. In fact lawyers suing franchisors really stretch what they consider material, when filing against franchisors. So this practice of collecting UFOCs and selling them to the public is causing unnecessary lawsuits.Additionally at one time our company had over 50 franchise documents for only one of our brand names, which one would the company who distributes these UFOCs without the franchisor's consent, give to the person buying it? Many franchisors due to case law have different UFOCs in each of the registration states and then another for those which are not registration states, we did. It was a matter of survival simply to avoid the litigation practices of the franchise lawyers, who in my opinion are crooks. Caesar had some great ideas didn't he? Indeed he had.Why is the FTC promoting misrepresentation by allowing these companies to sell outdated UFOCs to the public? Because the FTC is inept and basking in liberalism as it sells the industries out to their friends and lovers in private legal practice, so that they may some day leave the FTC and join one of those firms. Deny it, they are kicking their dogs too, that my friends is cruelty to animals. Why is the FTC so utterly blind to truth and so ignorant to the what is going on in the world of franchising. Think on this.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : franchising, UFOC, FTC, federal trade commission, buy disclosure documents, online
The Federal Trade Commission; FTC is violating consumer trust. In their haste to regulate franchising, they have all but endorsed businesses, which sell Franchisor Disclosure Documents to the public. The FTC's theory is the more disclosure out there the easier it is for the consumers to get information. Yet there is a significant problem in all this pre-screening comparison. Number one the companies selling these documents cannot guarantee that you have the updated and most recent disclosure, thus they are providing disclosure, which may not be factual. This is in effect misrepresenting the company, whether good or bad, if it is outdated it is incorrect. I know that at one time we were changing our franchise documents at least once per week. Some of those changes could be material changes. In fact lawyers suing franchisors really stretch what they consider material, when filing against franchisors. So this practice of collecting UFOCs and selling them to the public is causing unnecessary lawsuits.Additionally at one time our company had over 50 franchise documents for only one of our brand names, which one would the company who distributes these UFOCs without the franchisor's consent, give to the person buying it? Many franchisors due to case law have different UFOCs in each of the registration states and then another for those which are not registration states, we did. It was a matter of survival simply to avoid the litigation practices of the franchise lawyers, who in my opinion are crooks. Caesar had some great ideas didn't he? Indeed he had.Why is the FTC promoting misrepresentation by allowing these companies to sell outdated UFOCs to the public? Because the FTC is inept and basking in liberalism as it sells the industries out to their friends and lovers in private legal practice, so that they may some day leave the FTC and join one of those firms. Deny it, they are kicking their dogs too, that my friends is cruelty to animals. Why is the FTC so utterly blind to truth and so ignorant to the what is going on in the world of franchising. Think on this.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : franchising, UFOC, FTC, federal trade commission, buy disclosure documents, online
Bylaws - The Guts of a Corporation
Author : Richard Chapo
Most states make forming a corporation relatively painless by providing forms for practically everything. The bylaws of the corporation, however, are an area you don't want to rely on a form.What Are Bylaws?Bylaws are the technical rules that govern how a corporation will be run. They are a private document for the corporation and are not filed with any government entity. The purpose of the bylaws is to set out how things such as meetings, voting and share transfer will occur with the business.ProvisionsTypically, the bylaws will be the biggest document in your corporate book. If you are a single shareholder entity, they tend to be fairly straightforward since there isn't really any dispute possibility unless you have a split personality. If there are two or more shareholders, however, the document is going to be a key item because it is going to detail voting rights and so on.Typically, the bylaws of a corporation will cover the following specific issues:1. Board of Director Meetings – When, where and how meetings will be conducted.2. Notice of Meetings – The form, time and how notice must be given to board members.3. Quorums – Before a board can issue resolutions on corporate business, a certain percentage of board members must be present. This "Quorom" is set out in the bylaws.4. Annual Meetings – The bylaws typically detail when and where the annual meeting of the entity will occur.5. Special Meetings - The process by which special board meetings may be called when an issue arises that requires the immediate attention of the board.6. Voting Rights – Language detailing the voting rights of shareholders and board members in relation to passing or defeating resolutions.7. Share Transfer Rights – Language detailing share transfer issues such as right of first refusal and so on.8. Directors – Language detailing how many board members there will be, the length of their term, compensation, etc.9. Amendment – The process by which the bylaws can be amended to reflect the evolution of the business.10. Removal – Language detailing when and how a board member can be involuntarily removed.There are numerous other provisions that can and probably should go into the bylaws of a corporation. Make sure to discuss them with your attorney.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.
Keyword : corporation, incorporation, corporate bylaws, bylaws, incorporate, shareholders, corporate meetings
Most states make forming a corporation relatively painless by providing forms for practically everything. The bylaws of the corporation, however, are an area you don't want to rely on a form.What Are Bylaws?Bylaws are the technical rules that govern how a corporation will be run. They are a private document for the corporation and are not filed with any government entity. The purpose of the bylaws is to set out how things such as meetings, voting and share transfer will occur with the business.ProvisionsTypically, the bylaws will be the biggest document in your corporate book. If you are a single shareholder entity, they tend to be fairly straightforward since there isn't really any dispute possibility unless you have a split personality. If there are two or more shareholders, however, the document is going to be a key item because it is going to detail voting rights and so on.Typically, the bylaws of a corporation will cover the following specific issues:1. Board of Director Meetings – When, where and how meetings will be conducted.2. Notice of Meetings – The form, time and how notice must be given to board members.3. Quorums – Before a board can issue resolutions on corporate business, a certain percentage of board members must be present. This "Quorom" is set out in the bylaws.4. Annual Meetings – The bylaws typically detail when and where the annual meeting of the entity will occur.5. Special Meetings - The process by which special board meetings may be called when an issue arises that requires the immediate attention of the board.6. Voting Rights – Language detailing the voting rights of shareholders and board members in relation to passing or defeating resolutions.7. Share Transfer Rights – Language detailing share transfer issues such as right of first refusal and so on.8. Directors – Language detailing how many board members there will be, the length of their term, compensation, etc.9. Amendment – The process by which the bylaws can be amended to reflect the evolution of the business.10. Removal – Language detailing when and how a board member can be involuntarily removed.There are numerous other provisions that can and probably should go into the bylaws of a corporation. Make sure to discuss them with your attorney.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.
Keyword : corporation, incorporation, corporate bylaws, bylaws, incorporate, shareholders, corporate meetings
Compensation Solicitor - Meet Your Expectations
Author : Mumtaz Shah
Compensation solicitors have a well-earned reputation of being aloof. Their offices are like something out of the Victorian era. They're professionals who don't like outsiders telling them how to run their private little clubs, called "Firms". All in all, they may even have a horrible reputation. So, what should you expect when you first meet a personal injury solicitor?The OfficesUnlike the Dickensian movies you may have seen, accident solicitors these days like to work out of offices that are spacious and open-plan. Like banks, they hope to give visitors the feeling of being friendly and comfortable. More often than not, you'll be met by a receptionist, but it is also likely that as soon as the solicitor knows you have arrived they will come and greet you and walk you through to their offices or a meeting room depending how packed their rooms are with files.The DiscussionHaving enter the room, it is likely that the first thing the compensation solicitor will ask you to do is to tell them all about what happened. It is at this time, the notes you wrote following the accident will come in handy as you can use these to tell the solicitor all about the accident.If possible, you should also hand over any photographs you took at the scene of the accident and a copy of your medical report, if you have one. Don't be overly concerned if the accident solicitor doesn't say too much at this time and don't worry if you see them taking notes from time to time. They only do this to jog their memories of facts they may want to ask you more about later or use against the other party.The QuestionsFrequently your personal injury solicitor will hear your story before they ask you any questions. Once you have completed your story they will then ask some questions that they feel are central to whether or not you'll win your case. When answering these questions you need to be as honest as you can – after all, if you mislead the accident solicitor you are really only misleading yourself. Waste his time, and you are wasting your own.Agreeing To Act For YouSo long as your story and your answers to his questions give the solicitor grounds to believe you have a claim, he'll likely agree to act as your compensation solicitor. In that case you should expect the following things to happen:• If you have not already had a medical examination by this point, the solicitor will then arrange for you to have one.• The solicitor will arrange for you to sign an engagement letter authorising you to retain his/her services.• The solicitor will likely ask you to sign a power of attorney authorising him/her to have access to certain information relating to the case; such as your medical records and the status of your insurance claim;• In the engagement letter you sign, the solicitor will likely have a clause that says he can act as your represented solicitor in any discussions with the insurance company or the insurance loss adjuster.• The solicitor will ask if you have spoken to the insurance company and will then ask you not to talk to them directly any more but to direct any queries to him.What Happens If The Accident Solicitor Doesn't Agree To Act For You?In certain circumstances, having heard your story the personal injury solicitor may tell you that they cannot act for you in this matter. Now, there may be a number of reasons for this.It may be the case that they do not think you'll win the case. Just as likely, it could be the case that having heard your story they have become aware of a conflict of interest and realise they cannot, professionally and ethically, act for you.Whatever the case, if the solicitor tells you that they cannot act for you, you should ask them if they can recommend to you an accident claim solicitor who can help you. In most cases they'll be very happy to give you the name of an accident compensation solicitor they believe will be happy to represent you.Finals...Don't be misled into thinking that everything has to be one way. If you are not too sure whether you want to retain the services of the accident solicitor for your compensation claim you should feel free to ask questions of them.Good questions you may want to ask are what areas of law they specialise in (to make sure that they specialise, or at least know, the area of law that is going to affect your case) and how many similar cases they have won in the past (so you get some idea about their track record!).Whatever you do, do not be afraid or overawed by being in the presence of an accident claim solicitor – they're only human after all!FinallySo do you really need to see them?Not really, as you can cut out the journey, which practically saves you a lot of time and energy. Today, to be efficient, everything is done either on the phone or over the net, except for the obvious court attendance. Not virtual yet, but could be in the future!It's easy to make a personal injury claim, with a quality compensation solicitor, if you ask! The 12 'Revolutions' were created to put all your compensation in your pocket. Learn more at http://www.100percent-compensation.co.uk/articles/compensation-solicitor.html
Keyword : compensation solicitor, personal injury solicitor, personal injury, compensation claim, accident sol
Compensation solicitors have a well-earned reputation of being aloof. Their offices are like something out of the Victorian era. They're professionals who don't like outsiders telling them how to run their private little clubs, called "Firms". All in all, they may even have a horrible reputation. So, what should you expect when you first meet a personal injury solicitor?The OfficesUnlike the Dickensian movies you may have seen, accident solicitors these days like to work out of offices that are spacious and open-plan. Like banks, they hope to give visitors the feeling of being friendly and comfortable. More often than not, you'll be met by a receptionist, but it is also likely that as soon as the solicitor knows you have arrived they will come and greet you and walk you through to their offices or a meeting room depending how packed their rooms are with files.The DiscussionHaving enter the room, it is likely that the first thing the compensation solicitor will ask you to do is to tell them all about what happened. It is at this time, the notes you wrote following the accident will come in handy as you can use these to tell the solicitor all about the accident.If possible, you should also hand over any photographs you took at the scene of the accident and a copy of your medical report, if you have one. Don't be overly concerned if the accident solicitor doesn't say too much at this time and don't worry if you see them taking notes from time to time. They only do this to jog their memories of facts they may want to ask you more about later or use against the other party.The QuestionsFrequently your personal injury solicitor will hear your story before they ask you any questions. Once you have completed your story they will then ask some questions that they feel are central to whether or not you'll win your case. When answering these questions you need to be as honest as you can – after all, if you mislead the accident solicitor you are really only misleading yourself. Waste his time, and you are wasting your own.Agreeing To Act For YouSo long as your story and your answers to his questions give the solicitor grounds to believe you have a claim, he'll likely agree to act as your compensation solicitor. In that case you should expect the following things to happen:• If you have not already had a medical examination by this point, the solicitor will then arrange for you to have one.• The solicitor will arrange for you to sign an engagement letter authorising you to retain his/her services.• The solicitor will likely ask you to sign a power of attorney authorising him/her to have access to certain information relating to the case; such as your medical records and the status of your insurance claim;• In the engagement letter you sign, the solicitor will likely have a clause that says he can act as your represented solicitor in any discussions with the insurance company or the insurance loss adjuster.• The solicitor will ask if you have spoken to the insurance company and will then ask you not to talk to them directly any more but to direct any queries to him.What Happens If The Accident Solicitor Doesn't Agree To Act For You?In certain circumstances, having heard your story the personal injury solicitor may tell you that they cannot act for you in this matter. Now, there may be a number of reasons for this.It may be the case that they do not think you'll win the case. Just as likely, it could be the case that having heard your story they have become aware of a conflict of interest and realise they cannot, professionally and ethically, act for you.Whatever the case, if the solicitor tells you that they cannot act for you, you should ask them if they can recommend to you an accident claim solicitor who can help you. In most cases they'll be very happy to give you the name of an accident compensation solicitor they believe will be happy to represent you.Finals...Don't be misled into thinking that everything has to be one way. If you are not too sure whether you want to retain the services of the accident solicitor for your compensation claim you should feel free to ask questions of them.Good questions you may want to ask are what areas of law they specialise in (to make sure that they specialise, or at least know, the area of law that is going to affect your case) and how many similar cases they have won in the past (so you get some idea about their track record!).Whatever you do, do not be afraid or overawed by being in the presence of an accident claim solicitor – they're only human after all!FinallySo do you really need to see them?Not really, as you can cut out the journey, which practically saves you a lot of time and energy. Today, to be efficient, everything is done either on the phone or over the net, except for the obvious court attendance. Not virtual yet, but could be in the future!It's easy to make a personal injury claim, with a quality compensation solicitor, if you ask! The 12 'Revolutions' were created to put all your compensation in your pocket. Learn more at http://www.100percent-compensation.co.uk/articles/compensation-solicitor.html
Keyword : compensation solicitor, personal injury solicitor, personal injury, compensation claim, accident sol
Disability Insurance Benefits
Author : Timothy Moore
As the publisher of a website devoted to disability issues, and as one who receives occasional mail from claimants, one thing stands out amazingly loud and clear: too many disability claimants are waiting way too long to get their applications going.In fact, it's almost stunning how many people are out there in their forties, fifties, even in their late fifties, with significant physical and/or mental impairments and yet have not filed for social security disability or ssi.I don't use the word stunning lightly, either. In the last few years, I've been, in varying capacties, in daily contact with disability claimants (several thousand). Even prior to becoming
a disability examiner, I had been a medicaid caseworker, taking applications for medicaid that would go to disability determination services for a medical determination Yet, not in any of that time, did I get a clear picture of how many disabled individuals there must be who are not pursuing their benefits.Why do so many people put off filing for benefits? There are lots of different reasons, I suppose, and one that I can't discount is that a certain percentage of individuals have probably been intimidated by all the "bad stuff" they've heard about the program (high denial rates, files and paperwork getting lost, rude social security employees, etc, etc).However, I have the strong impression that many potential claimants either do not file or put off filing because A.
they feel embarassed about filing or B. they want to go back to work and are truly hoping their condition will improve to the point that this will become possible.This is what I would tell a friend, relative, neighbor, and anyone who reads this: if you believe you are disabled, file your application ASAP. Because if your medical condition does
indeed prevent you from returning to work, any embarassment you feel over filing will weigh very little against your immediate financial concerns. And if you're hoping that your condition will improve to the point where you can work again, that's a great attitude...but what if it doesn't. You're always safer and wiser if you hedge your bets.The federal disability system in the U.S. is presently in a "slow-mode" meltdown and (that's just my opinion) and right now, start to finish, it can take up to three years to get through the whole process (initial claim, reconsideration, alj hearing). So, don't THINK about filing. Just FILE.You may have read in the news that the social security disability system is slated for improvement soon. Again, this is just my opinion, but don't count on it. The reform proposals being advocated by the current SSA Commissioner may arguably make things a lot worse for claimants and the process in general. Commissioner Barnhart's proposals will certainly make the SSD-SSI system more hostile and adversarial to claimants. And there's good reason to believe that her proposals will not even speed things up. They may, in fact, have quite the opposite effect. Please remember that this is the same administration that thought it was ok NOT to pay overtime to people working 50 hours a week as long as they would classified as "working supervisors". It's also the same group that thinks it's ok for individual citizens to be barred from debt relief while individuals occupying the ivory towers (I'm thinking of "The Donald" here) seem to be filing for bankruptcy protection every time you turn around.I will leave you with this thought. It was under the current Social Security Administration Commissioner that HPI was instituted. This was an efficiency program that, instead of bringing efficiency to the disability hearing process
actually slowed things down by at least a FACTOR OF THREE (hearings in north carolina, for example, used to take at most 5 months to get---now they take up to 15-24 months, depending on
what hearing office you have to deal with).To reiterate: If you are disabled, don't think about filing. Just file and get it done.The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He
publishes information at http://www.disabilitysecrets.com
Keyword : disability, insurance, benefits
As the publisher of a website devoted to disability issues, and as one who receives occasional mail from claimants, one thing stands out amazingly loud and clear: too many disability claimants are waiting way too long to get their applications going.In fact, it's almost stunning how many people are out there in their forties, fifties, even in their late fifties, with significant physical and/or mental impairments and yet have not filed for social security disability or ssi.I don't use the word stunning lightly, either. In the last few years, I've been, in varying capacties, in daily contact with disability claimants (several thousand). Even prior to becoming
a disability examiner, I had been a medicaid caseworker, taking applications for medicaid that would go to disability determination services for a medical determination Yet, not in any of that time, did I get a clear picture of how many disabled individuals there must be who are not pursuing their benefits.Why do so many people put off filing for benefits? There are lots of different reasons, I suppose, and one that I can't discount is that a certain percentage of individuals have probably been intimidated by all the "bad stuff" they've heard about the program (high denial rates, files and paperwork getting lost, rude social security employees, etc, etc).However, I have the strong impression that many potential claimants either do not file or put off filing because A.
they feel embarassed about filing or B. they want to go back to work and are truly hoping their condition will improve to the point that this will become possible.This is what I would tell a friend, relative, neighbor, and anyone who reads this: if you believe you are disabled, file your application ASAP. Because if your medical condition does
indeed prevent you from returning to work, any embarassment you feel over filing will weigh very little against your immediate financial concerns. And if you're hoping that your condition will improve to the point where you can work again, that's a great attitude...but what if it doesn't. You're always safer and wiser if you hedge your bets.The federal disability system in the U.S. is presently in a "slow-mode" meltdown and (that's just my opinion) and right now, start to finish, it can take up to three years to get through the whole process (initial claim, reconsideration, alj hearing). So, don't THINK about filing. Just FILE.You may have read in the news that the social security disability system is slated for improvement soon. Again, this is just my opinion, but don't count on it. The reform proposals being advocated by the current SSA Commissioner may arguably make things a lot worse for claimants and the process in general. Commissioner Barnhart's proposals will certainly make the SSD-SSI system more hostile and adversarial to claimants. And there's good reason to believe that her proposals will not even speed things up. They may, in fact, have quite the opposite effect. Please remember that this is the same administration that thought it was ok NOT to pay overtime to people working 50 hours a week as long as they would classified as "working supervisors". It's also the same group that thinks it's ok for individual citizens to be barred from debt relief while individuals occupying the ivory towers (I'm thinking of "The Donald" here) seem to be filing for bankruptcy protection every time you turn around.I will leave you with this thought. It was under the current Social Security Administration Commissioner that HPI was instituted. This was an efficiency program that, instead of bringing efficiency to the disability hearing process
actually slowed things down by at least a FACTOR OF THREE (hearings in north carolina, for example, used to take at most 5 months to get---now they take up to 15-24 months, depending on
what hearing office you have to deal with).To reiterate: If you are disabled, don't think about filing. Just file and get it done.The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He
publishes information at http://www.disabilitysecrets.com
Keyword : disability, insurance, benefits
Should I Claim For Personal Injury Or Is It A Needless Compensation Culture?
Author : Keith Lunt
If you have recently been injured through no fault of your own, you may be considering claiming for compensation against the other person. But then you begin to wonder. Is it the right thing to do, or is it just needless greed, taking advantage of an unfortunate situation.My personal injuryThis is exactly the situation I was left in after my road traffic accident. I'd been driving along a narrow road when another car came out of a bend at speed.Because of his speed, even though I stopped my car, he was unable to stop and crashed into the front of my car. Both cars were write offs and the police arranged for them to be taken away.My losesSo now I had lost my no claims bonus and suddenly was a higher insurance risk. My car insurance premiums were going to increase and I'd lost my insurance excess. My own insurance were unhelpful and I needed professional help defending my position.I needed a solicitor. Whenever I called my insurance they never returned calls. Letters were being ignored. But magically, a phone call from a solicitor immediately got a response and some sense from them.But why would a solicitor take on the case? Had I just asked one to work for me, what would they have charged? Could I really afford it? Could I claim it on the insurance?This wasn't all I had lost. The accident happened on the second day of my holiday and the rest of the holiday was lost to phoning around trying to sort out insurance. Stranded, in the middle of no where, without a car, how could we continue our holiday? A hire car was possible, but not for another couple of days. And would we really feel up to driving these strange roads - just after the crash.So we had also lost the holiday. Plus we needed a relative to drive down to take us home. The financial loss was starting to mount up.Accident injuriesBut we'd escaped uninjured. Cuts, bruises and whiplash. A few days later and my family had recovered. A few weeks later and my neck pains still continued. Visits to the doctor produced creams that got rid of most of the pains, but 5 months later the trouble still continued. A physiotherapist was recommended, but on the NHS it would take weeks, or even months, to sort.A private physiotherapist was recommended, but that was going to cost. £30 for the first session and that would just tell me how many sessions would be needed. Who was going to pay that?Should you claim?Overall, claiming for injuries may seem like jumping on the compensation culture bandwagon, but the solicitor will act as a friendly face, someone to explain what is going on. After an accident you can suffer financial losses. Who is going to cover these for you? And your injuries may stop you from getting on with your normal life for a while.Some people and organisations have given bad press to injury claims. But claiming for personal injuries isn't that bad if the pain of several months is anything to go by.Keith Lunt is the webmaster for http://www.personal-injury-claim-solicitors.co.uk and continues to pursue his case. You are welcome to reprint this article as long as all links and this paragraph are left in tact.
Keyword : personal injury compensation whiplash road traffic accident
If you have recently been injured through no fault of your own, you may be considering claiming for compensation against the other person. But then you begin to wonder. Is it the right thing to do, or is it just needless greed, taking advantage of an unfortunate situation.My personal injuryThis is exactly the situation I was left in after my road traffic accident. I'd been driving along a narrow road when another car came out of a bend at speed.Because of his speed, even though I stopped my car, he was unable to stop and crashed into the front of my car. Both cars were write offs and the police arranged for them to be taken away.My losesSo now I had lost my no claims bonus and suddenly was a higher insurance risk. My car insurance premiums were going to increase and I'd lost my insurance excess. My own insurance were unhelpful and I needed professional help defending my position.I needed a solicitor. Whenever I called my insurance they never returned calls. Letters were being ignored. But magically, a phone call from a solicitor immediately got a response and some sense from them.But why would a solicitor take on the case? Had I just asked one to work for me, what would they have charged? Could I really afford it? Could I claim it on the insurance?This wasn't all I had lost. The accident happened on the second day of my holiday and the rest of the holiday was lost to phoning around trying to sort out insurance. Stranded, in the middle of no where, without a car, how could we continue our holiday? A hire car was possible, but not for another couple of days. And would we really feel up to driving these strange roads - just after the crash.So we had also lost the holiday. Plus we needed a relative to drive down to take us home. The financial loss was starting to mount up.Accident injuriesBut we'd escaped uninjured. Cuts, bruises and whiplash. A few days later and my family had recovered. A few weeks later and my neck pains still continued. Visits to the doctor produced creams that got rid of most of the pains, but 5 months later the trouble still continued. A physiotherapist was recommended, but on the NHS it would take weeks, or even months, to sort.A private physiotherapist was recommended, but that was going to cost. £30 for the first session and that would just tell me how many sessions would be needed. Who was going to pay that?Should you claim?Overall, claiming for injuries may seem like jumping on the compensation culture bandwagon, but the solicitor will act as a friendly face, someone to explain what is going on. After an accident you can suffer financial losses. Who is going to cover these for you? And your injuries may stop you from getting on with your normal life for a while.Some people and organisations have given bad press to injury claims. But claiming for personal injuries isn't that bad if the pain of several months is anything to go by.Keith Lunt is the webmaster for http://www.personal-injury-claim-solicitors.co.uk and continues to pursue his case. You are welcome to reprint this article as long as all links and this paragraph are left in tact.
Keyword : personal injury compensation whiplash road traffic accident
California Lawyer: One of Life's Necessities
Author : Christopher Luck
It is an all too often situation. You are happily married, working toward a common and sustainable goal, dreaming about growing old together, smiling lovingly at each other and holding hands as you walk through the beautiful gardens of love and wedded bliss. The next thing you know you are looking in the yellow pages for a California lawyer reading yourself to battle for all the common property-the house, the cars, the china, the furniture and maybe even the kids. It has never been more important to have your rights and property protected and cared for and the only place to turn is to a California lawyer.So maybe your position is not so bleak. Maybe you have just written an outstanding screenplay and you want to make sure that your intellectual property is protected and guarded when you start to shop it around to the Hollywood bigwigs. Corruption has made it's way to all industries including the world of entertainment and it is important to protect your hard work and the best way to do that is to make sure that you have successfully negotiated all of the legal channels to ensure that your covered. The only way to make sure that you have created an impervious shield of legal fortitude is to include a California lawyer in the process.Maybe you are having a property dispute with your neighbor. The only civilized way to handle this sort of neighborhood complication is to hire the expertise of a California lawyer to represent your best interests.Or maybe you or your teenager has gotten into a little bit of a trouble with the law. Maybe you need help taking care of a D.U.I. or some unpaid parking tickets. An attorney can ensure that you are fairly represented when you are navigating the legal system.Suppose you need help getting child support payments from an ex or perhaps you are that ex and you don't understand why you are paying so much. A california lawyer can help you figure out all of your options surrounding child support and custodial issues. These sorts of issues are becoming more and more frequent in everyday life and lawyers specialize in detangling the red tape and beurocracy that surrounds family court.There is one fact of life that is unavoidable and applies to absolutely everyone. Eventually we all pass from this life and in most cases we leave behind some worldly possessions. It is absolutely essential that we all make the necessary arrangements in the form of a last will and testament so that our family members are not left to sort out amongst themselves what we have left behind in their time of grief. By hiring a California lawyer to guide you through the process of willing your possessions to your loved ones, you ensure that they all have one less worry and that you don't prove to be a burden.Whether for joyous or uncomfortable circumstances, a California lawyer can help you navigate life's most tricky situations. Although it might be our first instinct to handle everything on our own and without help, a lawyer often proves to be a necessary part of life.Christopher M. Luck has an extensive legal background in dealing exclusively with the lawyers in the state of california and is now offering his free professional lawyer secrets to the public. If you are at all interested in Christopher's professional legal advice, tips, or secrets, you can visit his lawyers exposed blog.
Keyword : california lawyer,california lawyers,lawyer, lawyers,california law,law, legal system
It is an all too often situation. You are happily married, working toward a common and sustainable goal, dreaming about growing old together, smiling lovingly at each other and holding hands as you walk through the beautiful gardens of love and wedded bliss. The next thing you know you are looking in the yellow pages for a California lawyer reading yourself to battle for all the common property-the house, the cars, the china, the furniture and maybe even the kids. It has never been more important to have your rights and property protected and cared for and the only place to turn is to a California lawyer.So maybe your position is not so bleak. Maybe you have just written an outstanding screenplay and you want to make sure that your intellectual property is protected and guarded when you start to shop it around to the Hollywood bigwigs. Corruption has made it's way to all industries including the world of entertainment and it is important to protect your hard work and the best way to do that is to make sure that you have successfully negotiated all of the legal channels to ensure that your covered. The only way to make sure that you have created an impervious shield of legal fortitude is to include a California lawyer in the process.Maybe you are having a property dispute with your neighbor. The only civilized way to handle this sort of neighborhood complication is to hire the expertise of a California lawyer to represent your best interests.Or maybe you or your teenager has gotten into a little bit of a trouble with the law. Maybe you need help taking care of a D.U.I. or some unpaid parking tickets. An attorney can ensure that you are fairly represented when you are navigating the legal system.Suppose you need help getting child support payments from an ex or perhaps you are that ex and you don't understand why you are paying so much. A california lawyer can help you figure out all of your options surrounding child support and custodial issues. These sorts of issues are becoming more and more frequent in everyday life and lawyers specialize in detangling the red tape and beurocracy that surrounds family court.There is one fact of life that is unavoidable and applies to absolutely everyone. Eventually we all pass from this life and in most cases we leave behind some worldly possessions. It is absolutely essential that we all make the necessary arrangements in the form of a last will and testament so that our family members are not left to sort out amongst themselves what we have left behind in their time of grief. By hiring a California lawyer to guide you through the process of willing your possessions to your loved ones, you ensure that they all have one less worry and that you don't prove to be a burden.Whether for joyous or uncomfortable circumstances, a California lawyer can help you navigate life's most tricky situations. Although it might be our first instinct to handle everything on our own and without help, a lawyer often proves to be a necessary part of life.Christopher M. Luck has an extensive legal background in dealing exclusively with the lawyers in the state of california and is now offering his free professional lawyer secrets to the public. If you are at all interested in Christopher's professional legal advice, tips, or secrets, you can visit his lawyers exposed blog.
Keyword : california lawyer,california lawyers,lawyer, lawyers,california law,law, legal system
Should the Personal Injury Claim Arbitration Limit Be Raised?
Author : Kevin Stokes
If you are injured in an accident and it was not your fault, you are entitled to make a claim for compensation. Once you have decided that you wish to make a claim, you duly contact a solicitor or claims management company for advice and set the wheels in motion. The professionals then guide you through the process until your claim is concluded. Meanwhile, you get on with the important task of recovering from your accident as quickly as possible. This is, ideally, how the system works.Ultimately, a solicitor handles your claim, either directly or via the claims management company. In order for that solicitor to work on your behalf, he expects to get paid. His/her bill is paid by the third party insurers if your claim is won. However, if your injury claim is worth less than £1000.00, the solicitor is not entitled to costs. Needless to say, your claim is assessed early on to establish if it is likely to reach a value of £1000.00 or not. The vast majority exceed that value and the solicitor is able to get on with the job of working on your behalf.So what happens if the arbitration limit (the point at which legal costs can be applied to a case) is raised? The simple answer is, solicitors will take on less claims unless they are likely to reach the new minimum value. There is talk of raising the arbitration limit to £2500.00 or even £5000.00.Insurance companies view this as a positive way forward. Not surprising as they ultimately pay for the compensation claim and the associated legal costs, and any raising of the limit will benefit them on both counts.In addition, the suggestion is that claimants can submit their own claim on a form provided by the insurer, and the insurer will make an offer of settlement, based on that information and, presumably, a mutually agreed medical report. This suggested plan is said to considerably cut the time a claim takes from beginning to end, without affecting settlement values. How can this be so?On the one hand, there are calls for injury claims companies to be professionally regulated and to offer unbiased advice (a good thing) and on the other hand, there is a suggestion that a body with a vested interest in minimising claim settlement values
(Insurance companies) should be in control of the process.If the arbitration limit rose to £5000.00, that would cut over 50% of valid injury claims out of the legal system and straight into the control of insurers. If injury victims still felt they needed professional representation, (and many would want this for a number of reasons), they would end up paying for that representation out of their own pockets which ultimately means, they would not receive 100% of their compensation. Isn't that exactly what the proposed Compensation Bill is trying to tighten up on?--Kevin Stokes is the owner of Injury Claims Solutions and has dealt with personal injury claims since 1993. He is a member of the Claims Standards Council and is accredited by the Law Society of England and Wales and the Association of Personal Injury Lawyers.
Keyword : injury,claims,whiplash,accident,legal,solicitor,no win no fee,claim,compensation,fever
If you are injured in an accident and it was not your fault, you are entitled to make a claim for compensation. Once you have decided that you wish to make a claim, you duly contact a solicitor or claims management company for advice and set the wheels in motion. The professionals then guide you through the process until your claim is concluded. Meanwhile, you get on with the important task of recovering from your accident as quickly as possible. This is, ideally, how the system works.Ultimately, a solicitor handles your claim, either directly or via the claims management company. In order for that solicitor to work on your behalf, he expects to get paid. His/her bill is paid by the third party insurers if your claim is won. However, if your injury claim is worth less than £1000.00, the solicitor is not entitled to costs. Needless to say, your claim is assessed early on to establish if it is likely to reach a value of £1000.00 or not. The vast majority exceed that value and the solicitor is able to get on with the job of working on your behalf.So what happens if the arbitration limit (the point at which legal costs can be applied to a case) is raised? The simple answer is, solicitors will take on less claims unless they are likely to reach the new minimum value. There is talk of raising the arbitration limit to £2500.00 or even £5000.00.Insurance companies view this as a positive way forward. Not surprising as they ultimately pay for the compensation claim and the associated legal costs, and any raising of the limit will benefit them on both counts.In addition, the suggestion is that claimants can submit their own claim on a form provided by the insurer, and the insurer will make an offer of settlement, based on that information and, presumably, a mutually agreed medical report. This suggested plan is said to considerably cut the time a claim takes from beginning to end, without affecting settlement values. How can this be so?On the one hand, there are calls for injury claims companies to be professionally regulated and to offer unbiased advice (a good thing) and on the other hand, there is a suggestion that a body with a vested interest in minimising claim settlement values
(Insurance companies) should be in control of the process.If the arbitration limit rose to £5000.00, that would cut over 50% of valid injury claims out of the legal system and straight into the control of insurers. If injury victims still felt they needed professional representation, (and many would want this for a number of reasons), they would end up paying for that representation out of their own pockets which ultimately means, they would not receive 100% of their compensation. Isn't that exactly what the proposed Compensation Bill is trying to tighten up on?--Kevin Stokes is the owner of Injury Claims Solutions and has dealt with personal injury claims since 1993. He is a member of the Claims Standards Council and is accredited by the Law Society of England and Wales and the Association of Personal Injury Lawyers.
Keyword : injury,claims,whiplash,accident,legal,solicitor,no win no fee,claim,compensation,fever
Be All - End All Tax Attorney Blog!
Author : David Jacquot
Blogs have become a vital source for current information and the exchange of critical thought on many topics. The practice of law is no exception.Therefore, a new Blog has been created to provide educational information on tax attorney topics. This Blog will contain articles, case summaries, tax news and "everything" that is related to tax lawyers. Visitors can post comments on the information on the site or start a linked commentary on the tax attorney subjects of their choice. This site is destined to become the "go-to" site for tax lawyer information.When formed, the Blog initially contained the following articles:Don't Get Sued!!! Does a Taxpayer Representative have a Duty to Prevent a Client from Disclosing Incriminating Information? This article reviews the recent changes to IRS practice rules that could casue CPAs and Enrolled Agents to be sued for failing to protect or prevent their client from providing potentially incriminating information to them. The article discussed the problem and provides easy, common sense solutions to protect the non-attorney tax practitioner. A must read for all CPAs and Enrolled Agents.Cover Your Assets!!! This short article provides a primer on Asset Protection. It covers the need for asset protection, and some tax and non-tax traps to avoid in designing your plan. If you have wealth, you need to protect it and this article is a good place to start.The Blog also as a keyword archive related to tax topics. Currently several hundred keyword suggestions are listed in the Blog. Visitors can add their favorites to the list and hopefully this will become the consumate keyword list for all things tax!.Articles and news clips can also be submitted by visitors for inclusion in this Blog.Those individuals interested in advertising to tax attorneys or people visiting the site can do so through Google adsense. The site places Google ads at the top of the page and there is a link to add the Blog to your list of sites currently in your Google CPM campaigns.Any comments on the content or operation fo the Blog are welcome. This is a new venture for the webmasters of this Blog and all input is welcome.You can use the content of this Blog via the RSS feed found at http://taxlawyer.blogspot.com/atom.xmlCheck this out now. Bookmark the site and visit often. Don't be a stranger and don't be afraid to contribute your articles, comments, and opinions. But most of all, sit back, read and enjoy!Copyright 2005 David JacquotThis Article is provided by the Law Offices of David Jacquot, JD, LLM (Tax) PA. This firm is the webmaster for the Tax Attorney Blog found at http://www/taxlawyer.blogspot.com and the 4TAXHERO Web Site found at http://www.4taxhero.com .
Keyword : blog, RSS feed, tax, IRS, Tax Attorney, Tax Lawyer
Blogs have become a vital source for current information and the exchange of critical thought on many topics. The practice of law is no exception.Therefore, a new Blog has been created to provide educational information on tax attorney topics. This Blog will contain articles, case summaries, tax news and "everything" that is related to tax lawyers. Visitors can post comments on the information on the site or start a linked commentary on the tax attorney subjects of their choice. This site is destined to become the "go-to" site for tax lawyer information.When formed, the Blog initially contained the following articles:Don't Get Sued!!! Does a Taxpayer Representative have a Duty to Prevent a Client from Disclosing Incriminating Information? This article reviews the recent changes to IRS practice rules that could casue CPAs and Enrolled Agents to be sued for failing to protect or prevent their client from providing potentially incriminating information to them. The article discussed the problem and provides easy, common sense solutions to protect the non-attorney tax practitioner. A must read for all CPAs and Enrolled Agents.Cover Your Assets!!! This short article provides a primer on Asset Protection. It covers the need for asset protection, and some tax and non-tax traps to avoid in designing your plan. If you have wealth, you need to protect it and this article is a good place to start.The Blog also as a keyword archive related to tax topics. Currently several hundred keyword suggestions are listed in the Blog. Visitors can add their favorites to the list and hopefully this will become the consumate keyword list for all things tax!.Articles and news clips can also be submitted by visitors for inclusion in this Blog.Those individuals interested in advertising to tax attorneys or people visiting the site can do so through Google adsense. The site places Google ads at the top of the page and there is a link to add the Blog to your list of sites currently in your Google CPM campaigns.Any comments on the content or operation fo the Blog are welcome. This is a new venture for the webmasters of this Blog and all input is welcome.You can use the content of this Blog via the RSS feed found at http://taxlawyer.blogspot.com/atom.xmlCheck this out now. Bookmark the site and visit often. Don't be a stranger and don't be afraid to contribute your articles, comments, and opinions. But most of all, sit back, read and enjoy!Copyright 2005 David JacquotThis Article is provided by the Law Offices of David Jacquot, JD, LLM (Tax) PA. This firm is the webmaster for the Tax Attorney Blog found at http://www/taxlawyer.blogspot.com and the 4TAXHERO Web Site found at http://www.4taxhero.com .
Keyword : blog, RSS feed, tax, IRS, Tax Attorney, Tax Lawyer
The Truth About Speeding Tickets, And How To Beat Them
Author : David Ross
Nearly everyone has had a speeding ticket at some time or another. Some individuals have had multiple tickets, and suffered terrible financial consequences. Very few people attempt to beat their ticket. But more people should attempt to beat their speeding tickets when faced with one. Because if you know what to do, and understand the "game"...You will likely win.The first thing to understand is that the motivation a city, or
police officer has for writing a speeding ticket is rarely a genuine concern for peoples safety. The motivation is that speeding tickets make cities a lot of money.When a police officer sits in one location for an hour at a time, and writes multiple tickets he is making money for the city. He does not actually think that you (and the 10 other people he wrote a ticket to that day) doing 50 MPH in a 40 are a danger to the community. He is simply playing his role in a corrupt game. He is writing you a ticket, he assumes you will not fight the ticket. He also assumes that if you fight the ticket you will come into the courtroom with a flimsy defense, and the city will make its money off of you.The corruption isn't limited to the cities that are issuing these tickets. Do you know who pays for the radar devices officers use to check your speed? AUTO INSURANCE COMPANIES!
Auto insurance companies also have a great financial interest in having tickets written. When you get a ticket they get to raise your rates!Like the officers who write the tickets, the judges in these cities also understand their role. Their job is to find you guilty, and help the city secure your money. Most people make it very easy for the judges to help this corrupt game play out. They fail to have a solid defense, rooted in law, that a judge cannot ignore. In fact, most people make it even easier than that - by not even fighting the ticket to begin with!This sequence can play out differently, if you go to court prepared, and knowledgeable. My company provides you all of the information you will need to beat any ticket. The information is simple, and easy to apply in the courtroom. We detail for you virtually every scenario. We give you a detailed script that you can simply read from in court to answer any challenges that come up. We give you case law that supports the legal argument you are making.So many of our customers come back to us, with great stories of their day in court. My favorite is the customer who called and told us that when the judge dismissed his ticket, based on the argument he made with our information...The officer was stunned, and asked the judge "how he can dismiss the ticket - when the officer insists (our customer) was speeding"?
The judge replied in front of the entire courtroom that the officer "does not understand the law". That (our customer) made a "great legal argument".You can beat your speeding ticket, you don't have to spend a small fortune on a lawyer to do it, and we can help.David Ross
CEO
http://www.speedticketbeaters.com
Keyword : speeding ticket, how to beat a speeding ticket, traffic violation, traffic citation
Nearly everyone has had a speeding ticket at some time or another. Some individuals have had multiple tickets, and suffered terrible financial consequences. Very few people attempt to beat their ticket. But more people should attempt to beat their speeding tickets when faced with one. Because if you know what to do, and understand the "game"...You will likely win.The first thing to understand is that the motivation a city, or
police officer has for writing a speeding ticket is rarely a genuine concern for peoples safety. The motivation is that speeding tickets make cities a lot of money.When a police officer sits in one location for an hour at a time, and writes multiple tickets he is making money for the city. He does not actually think that you (and the 10 other people he wrote a ticket to that day) doing 50 MPH in a 40 are a danger to the community. He is simply playing his role in a corrupt game. He is writing you a ticket, he assumes you will not fight the ticket. He also assumes that if you fight the ticket you will come into the courtroom with a flimsy defense, and the city will make its money off of you.The corruption isn't limited to the cities that are issuing these tickets. Do you know who pays for the radar devices officers use to check your speed? AUTO INSURANCE COMPANIES!
Auto insurance companies also have a great financial interest in having tickets written. When you get a ticket they get to raise your rates!Like the officers who write the tickets, the judges in these cities also understand their role. Their job is to find you guilty, and help the city secure your money. Most people make it very easy for the judges to help this corrupt game play out. They fail to have a solid defense, rooted in law, that a judge cannot ignore. In fact, most people make it even easier than that - by not even fighting the ticket to begin with!This sequence can play out differently, if you go to court prepared, and knowledgeable. My company provides you all of the information you will need to beat any ticket. The information is simple, and easy to apply in the courtroom. We detail for you virtually every scenario. We give you a detailed script that you can simply read from in court to answer any challenges that come up. We give you case law that supports the legal argument you are making.So many of our customers come back to us, with great stories of their day in court. My favorite is the customer who called and told us that when the judge dismissed his ticket, based on the argument he made with our information...The officer was stunned, and asked the judge "how he can dismiss the ticket - when the officer insists (our customer) was speeding"?
The judge replied in front of the entire courtroom that the officer "does not understand the law". That (our customer) made a "great legal argument".You can beat your speeding ticket, you don't have to spend a small fortune on a lawyer to do it, and we can help.David Ross
CEO
http://www.speedticketbeaters.com
Keyword : speeding ticket, how to beat a speeding ticket, traffic violation, traffic citation
The Bail Bonds Business
Author : Damian Sofsian
The bonding company has to guarantee the appearance of the defendant in court at a given time and place, when a bond is issued. These bail bonds are issued only by licensed "bail agents" who specialize in their underwriting and issuance. These agents act as the appointed representatives of licensed surety insurance companies.Having a bail bond business entitles undertaking intensive research on marketing techniques, and software, as well as detailed knowledge of handling forfeitures, skip tracing, hiring bail enforcement agents and much more. Someone who wishes to become a bail agent should have a vast store of knowledge on owning and operating a successful bail bond business. They need to study and know about surety companies, BUF accounts, general agents, jail and court systems, and must have an in-depth knowledge of how to maintain an office."Bail Bonds 101" is a comprehensive book written by Sean Cook, a bail agent who has been in the bail bonds business for more than 12 years. The author owned and operated a company for 10 years and is well versed in purchasing and selling bail bond companies. This book provides guidance to starting a bail bonds business as well as operating it successfully.However, it is suggested that anyone interested in this field consult with a Certified Public Accountant (CPA) or accountant and his or her attorneys, along with reading this book before starting the business. It is advisable to hire a good attorney a CPA. Since bail bonds rules and regulations vary from state to state, it is important to understand all these rules and regulations before opening the business.The bail bond agencies must renew their licenses every year, as the Department of Licensing does not prorate agency fees. Also, the agency is responsible for all the bail bond agents working with them.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license
The bonding company has to guarantee the appearance of the defendant in court at a given time and place, when a bond is issued. These bail bonds are issued only by licensed "bail agents" who specialize in their underwriting and issuance. These agents act as the appointed representatives of licensed surety insurance companies.Having a bail bond business entitles undertaking intensive research on marketing techniques, and software, as well as detailed knowledge of handling forfeitures, skip tracing, hiring bail enforcement agents and much more. Someone who wishes to become a bail agent should have a vast store of knowledge on owning and operating a successful bail bond business. They need to study and know about surety companies, BUF accounts, general agents, jail and court systems, and must have an in-depth knowledge of how to maintain an office."Bail Bonds 101" is a comprehensive book written by Sean Cook, a bail agent who has been in the bail bonds business for more than 12 years. The author owned and operated a company for 10 years and is well versed in purchasing and selling bail bond companies. This book provides guidance to starting a bail bonds business as well as operating it successfully.However, it is suggested that anyone interested in this field consult with a Certified Public Accountant (CPA) or accountant and his or her attorneys, along with reading this book before starting the business. It is advisable to hire a good attorney a CPA. Since bail bonds rules and regulations vary from state to state, it is important to understand all these rules and regulations before opening the business.The bail bond agencies must renew their licenses every year, as the Department of Licensing does not prorate agency fees. Also, the agency is responsible for all the bail bond agents working with them.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license
USA Labor Laws for Immigrants
Author : Gary Wells
Hiring non-citizens at your place of business can be tricky. Some employers look for alien or immigrant employees to hire, thinking these workers will work more cheaply than U.S. citizens. Other bosses employ migrants in positions that are dangerous, without providing adequate protection or training. There are even some companies that overwork immigrant employees, especially those that don't speak English very well, taking advantage of the people who depend on these companies to survive.The truth is that employers must treat immigrants the same way they treat U.S. citizens. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted to protect migrant and seasonal farm workers, agricultural employees, and migrant housing suppliers. But certain types of labor contractors and employees are exempt under limited circumstances. Employees are entitled to receive the terms and conditions of their jobs written in their own language.Employers are required to keep written payroll records for migrant workers for three years or more, with copies going to each non-native worker. For agricultural jobs, employers must certify that housing provided to seasonal workers meets federal standards. Vehicles used to transport migrant workers also must be safe for transportation use.If you are thinking about hiring migrant workers to help at your farm or agricultural business, here are some points to consider:1. Is the migrant a U.S. citizen? Does he or she have a green card? Is the person an illegal alien? Keep in mind that any worker without proper paperwork proving that he or she belongs in this country could be deported, if caught.2. Are you willing to extend financial support via employment to migrant workers who are employed by your company? Without evidence of long-term or ongoing employment, some aliens may be asked to leave the country.3. Does the migrant worker have a family? If so, can you provide adequate housing, sanitation, and educational access to family members? You also may want to consider some type of insurance or health benefits in case someone gets sick or the wife has a baby.4. Can you help migrant employees become acclimated to your community? This might involve introducing them to other immigrants from their native land, guiding them to English classes at a local high school or cultural institute, and taking them on a tour of local facilities like banks, schools, and stores.5. Have you done a background check on your migrant employees? You may not want to hire someone with a criminal past unless you feel the person has turned over a new leaf.6. Don't forget to consider transportation issues. Unless your migrant workers have a driver's license and a car of their own, they may depend wholly on public transportation or you to get them to doctor appointments, shopping areas, and business needs.Contact the federal Department of Labor to learn more about compliance regulations. In some cases, the government provides help to employers and employees. Although there may be cultural, economic, and social advantages to hiring migrant workers in your company, remember to put the employee's well being ahead of everything else when making your hiring decisions.For more information about labor laws in the U.S. for employers and employees, visit Federal and State Labor Laws.
Keyword : federal labor laws, state labor laws, labor law posters, child labor laws
Hiring non-citizens at your place of business can be tricky. Some employers look for alien or immigrant employees to hire, thinking these workers will work more cheaply than U.S. citizens. Other bosses employ migrants in positions that are dangerous, without providing adequate protection or training. There are even some companies that overwork immigrant employees, especially those that don't speak English very well, taking advantage of the people who depend on these companies to survive.The truth is that employers must treat immigrants the same way they treat U.S. citizens. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted to protect migrant and seasonal farm workers, agricultural employees, and migrant housing suppliers. But certain types of labor contractors and employees are exempt under limited circumstances. Employees are entitled to receive the terms and conditions of their jobs written in their own language.Employers are required to keep written payroll records for migrant workers for three years or more, with copies going to each non-native worker. For agricultural jobs, employers must certify that housing provided to seasonal workers meets federal standards. Vehicles used to transport migrant workers also must be safe for transportation use.If you are thinking about hiring migrant workers to help at your farm or agricultural business, here are some points to consider:1. Is the migrant a U.S. citizen? Does he or she have a green card? Is the person an illegal alien? Keep in mind that any worker without proper paperwork proving that he or she belongs in this country could be deported, if caught.2. Are you willing to extend financial support via employment to migrant workers who are employed by your company? Without evidence of long-term or ongoing employment, some aliens may be asked to leave the country.3. Does the migrant worker have a family? If so, can you provide adequate housing, sanitation, and educational access to family members? You also may want to consider some type of insurance or health benefits in case someone gets sick or the wife has a baby.4. Can you help migrant employees become acclimated to your community? This might involve introducing them to other immigrants from their native land, guiding them to English classes at a local high school or cultural institute, and taking them on a tour of local facilities like banks, schools, and stores.5. Have you done a background check on your migrant employees? You may not want to hire someone with a criminal past unless you feel the person has turned over a new leaf.6. Don't forget to consider transportation issues. Unless your migrant workers have a driver's license and a car of their own, they may depend wholly on public transportation or you to get them to doctor appointments, shopping areas, and business needs.Contact the federal Department of Labor to learn more about compliance regulations. In some cases, the government provides help to employers and employees. Although there may be cultural, economic, and social advantages to hiring migrant workers in your company, remember to put the employee's well being ahead of everything else when making your hiring decisions.For more information about labor laws in the U.S. for employers and employees, visit Federal and State Labor Laws.
Keyword : federal labor laws, state labor laws, labor law posters, child labor laws
Ten Social Security Disability Mistakes to Avoid in Virginia
Author : Jerry Lutkenhaus
1. YOU MUST APPLY FOR DISABILITY AFTER YOU STOP WORKING. If you stop working due to a disability, then you need to apply. Social Security only gives you a window of opportunity to apply. Usually, this is five (5) years but if there is a gap in your work record it can be much shorter like one (1) or two (2) years. This is often a problem with housewives who drop out of the work force for a number of years to raise children.2. YOU MUST HAVE ENOUGH QUARTERS OF WORK. If you have worked very little and Social Security says you do not have enough quarters, you may have to continue working in order to gain enough quarters to qualify.3. YOUR DISABILITY MUST LAST MORE THAN TWELVE (12) MONTHS. If you have a serious injury but you are going to recover within twelve (12) months, you are not going to qualify for Social Security Disability. A prerequisite for Social Security is that you have an impairment that disables you for twelve (12) months or that you can expect will disable you for twelve (12) months.4. YOU CANNOT BE WORKING WHEN YOU APPLY. If you think you can work part time and qualify for Social Security Disability, you probably are not going to win your case. Social Security considers earned income an automatic disqualifier in most cases. In 2006, Social Security considers $860.00 per month as substantial gainful activity and an automatic disqualifier. So, if you make this amount even working part time, you cannot qualify for Disability. Also, even working part time, shows you have the ability to work.5. THE SOCIAL SECURITY DOCTOR WILL PROBABLY NOT DECLARE YOU TO BE DISABLED. Assuming a Social Security Doctor will examine you and agree you are disabled is a common misconception. Most often Social Security Doctors rush people through like an assembly line. The exam is often very cursory and the examiner may not have the medical expertise to really understand your ailment. Usually, they give very little credence to subjective complaints.6. YOU FAIL TO FILE A TIMELY APPEAL OF A DENIAL. Only about a third of claimants are granted at the initial level. After a denial you have 60 days to appeal. Your case cannot be given additional consideration unless you appeal.7. YOU FAIL TO GET MEDICAL TREATMENT. Failure to obtain consistent treatment for your ailment is a common problem. Most social security judges will give little credence to an ailment that you have not sought medical treatment for. Thus, if you have a chronic pain complaint, you should at least make an attempt to manage the pain through a pain clinic or some other approach.8. YOU FAIL TO HAVE YOUR OWN DOCTOR'S SUPPORT. Social Security Rules give a lot of weight to a well written opinion by the claimant's own treating physician. Thus, if you believe you are disabled, you need to first consult your own physician for his/her opinion.9. YOU FAIL TO CONSULT A SPECIALIST. It may be well and good to have an opinion from your family doctor but if you have an impairment that requires the opinion of a specialist then you need to see one. For example, a lung problem may require a breathing test and the opinion of a pulmonologist. A heart problem may require a stress test and the opinion of a cardiologist.10. YOU FAIL TO CONSULT A SOCIAL SECURITY SPECIALIST. Social Security Law is a unique area of the law. If you have a brain tumor you would not see a family doctor you would see a specialist. Likewise, for Social Security Disability you need to see an attorney who specializes in that field.IN SUMMARY, many of the above mistakes listed above can be avoided if the claimant consults early on with an attorney who is a specialist in Virginia Social Security Disability law.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus has been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine he was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 he received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers. In 2005 he was selected for the Bar Register of Preeminent Lawyers. You can get more information from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com
Keyword : Virginia Disability Lawyer, Virginia Disability Attorney, Richmond Disability attorney, Richmond Dis
1. YOU MUST APPLY FOR DISABILITY AFTER YOU STOP WORKING. If you stop working due to a disability, then you need to apply. Social Security only gives you a window of opportunity to apply. Usually, this is five (5) years but if there is a gap in your work record it can be much shorter like one (1) or two (2) years. This is often a problem with housewives who drop out of the work force for a number of years to raise children.2. YOU MUST HAVE ENOUGH QUARTERS OF WORK. If you have worked very little and Social Security says you do not have enough quarters, you may have to continue working in order to gain enough quarters to qualify.3. YOUR DISABILITY MUST LAST MORE THAN TWELVE (12) MONTHS. If you have a serious injury but you are going to recover within twelve (12) months, you are not going to qualify for Social Security Disability. A prerequisite for Social Security is that you have an impairment that disables you for twelve (12) months or that you can expect will disable you for twelve (12) months.4. YOU CANNOT BE WORKING WHEN YOU APPLY. If you think you can work part time and qualify for Social Security Disability, you probably are not going to win your case. Social Security considers earned income an automatic disqualifier in most cases. In 2006, Social Security considers $860.00 per month as substantial gainful activity and an automatic disqualifier. So, if you make this amount even working part time, you cannot qualify for Disability. Also, even working part time, shows you have the ability to work.5. THE SOCIAL SECURITY DOCTOR WILL PROBABLY NOT DECLARE YOU TO BE DISABLED. Assuming a Social Security Doctor will examine you and agree you are disabled is a common misconception. Most often Social Security Doctors rush people through like an assembly line. The exam is often very cursory and the examiner may not have the medical expertise to really understand your ailment. Usually, they give very little credence to subjective complaints.6. YOU FAIL TO FILE A TIMELY APPEAL OF A DENIAL. Only about a third of claimants are granted at the initial level. After a denial you have 60 days to appeal. Your case cannot be given additional consideration unless you appeal.7. YOU FAIL TO GET MEDICAL TREATMENT. Failure to obtain consistent treatment for your ailment is a common problem. Most social security judges will give little credence to an ailment that you have not sought medical treatment for. Thus, if you have a chronic pain complaint, you should at least make an attempt to manage the pain through a pain clinic or some other approach.8. YOU FAIL TO HAVE YOUR OWN DOCTOR'S SUPPORT. Social Security Rules give a lot of weight to a well written opinion by the claimant's own treating physician. Thus, if you believe you are disabled, you need to first consult your own physician for his/her opinion.9. YOU FAIL TO CONSULT A SPECIALIST. It may be well and good to have an opinion from your family doctor but if you have an impairment that requires the opinion of a specialist then you need to see one. For example, a lung problem may require a breathing test and the opinion of a pulmonologist. A heart problem may require a stress test and the opinion of a cardiologist.10. YOU FAIL TO CONSULT A SOCIAL SECURITY SPECIALIST. Social Security Law is a unique area of the law. If you have a brain tumor you would not see a family doctor you would see a specialist. Likewise, for Social Security Disability you need to see an attorney who specializes in that field.IN SUMMARY, many of the above mistakes listed above can be avoided if the claimant consults early on with an attorney who is a specialist in Virginia Social Security Disability law.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus has been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine he was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 he received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers. In 2005 he was selected for the Bar Register of Preeminent Lawyers. You can get more information from http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com
Keyword : Virginia Disability Lawyer, Virginia Disability Attorney, Richmond Disability attorney, Richmond Dis
Litigation Financing
Author : Jennifer Bailey
Litigation is a very costly affair. An individual involved in litigation needs good financial backing to work out the case, hire a lawyer, and settle court dues and other small and big expenses. Most people fighting lawsuits may face financial hardships. They may not even go in for a fair settlement. At such a time, the Litigation Financing comes in handy.Companies offer Litigation Financing to those persons, attorneys or companies awaiting a fair settlement. This is the fund given as advance or pre-settlement charges. Litigation Financing is a non-recourse settlement that helps the individual financially in times of litigation. No matter how meritorious his or her claim for redress of grievances is, they may not succeed in litigation all alone. Hence, they hire an attorney who has specialized in the kind of case the individual is involved in.For instance, a veterinarian will approach a specialist attorney in veterinary malpractice cases. After building up and filing a case, the individual avails himself of Litigation Financing from a Litigation Financing Company, through the attorney. The company, based on its evaluation of the case worthiness, fixes the fund. The Litigation Financing is often non-recourse in nature. The individual or company needs to clear its dues according to the agreement signed with the company. That is, the company buys a portion of the settlement charges as recovery. The payment is made only if the case is won. Litigation Financing is thus a pre-settlement charge given as an advance to the client approaching a Litigation Financing company. The company recovers the 'financial help' if and only if the client wins the case. Of course the individual has to make an initial fee payment. Litigation Financing is offered for personal injury, accidents, malpractice, wall collapse and other such cases.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
Litigation is a very costly affair. An individual involved in litigation needs good financial backing to work out the case, hire a lawyer, and settle court dues and other small and big expenses. Most people fighting lawsuits may face financial hardships. They may not even go in for a fair settlement. At such a time, the Litigation Financing comes in handy.Companies offer Litigation Financing to those persons, attorneys or companies awaiting a fair settlement. This is the fund given as advance or pre-settlement charges. Litigation Financing is a non-recourse settlement that helps the individual financially in times of litigation. No matter how meritorious his or her claim for redress of grievances is, they may not succeed in litigation all alone. Hence, they hire an attorney who has specialized in the kind of case the individual is involved in.For instance, a veterinarian will approach a specialist attorney in veterinary malpractice cases. After building up and filing a case, the individual avails himself of Litigation Financing from a Litigation Financing Company, through the attorney. The company, based on its evaluation of the case worthiness, fixes the fund. The Litigation Financing is often non-recourse in nature. The individual or company needs to clear its dues according to the agreement signed with the company. That is, the company buys a portion of the settlement charges as recovery. The payment is made only if the case is won. Litigation Financing is thus a pre-settlement charge given as an advance to the client approaching a Litigation Financing company. The company recovers the 'financial help' if and only if the client wins the case. Of course the individual has to make an initial fee payment. Litigation Financing is offered for personal injury, accidents, malpractice, wall collapse and other such cases.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
New Jersey Business Lawyers
Author : Jason Gluckman
If you are planning on starting a new business, doing so without the guidance of legal counsel can be biggest mistake you can ever make. If you don't already have a lawyer representing you, you should obtain the services of a business lawyer who is well versed and experienced especially with regard to corporate matters and startup ventures.If you are planning to start a new venture, a business lawyer with expertise and experience all of the fields affecting your business—such as labor or employment law, tax law, real estate law, banking and finance or intellectual property—would be your best bet. A business lawyer also helps you if you find yourself with a serious legal problem in the course of your business. A business lawyer helps in many areas from making business decisions to handling serious problems such as an injury caused by your product or an investigation by the SEC. If an inexperienced person handles these cases, he or she might cause serious harm to your business. Business lawyers play a critical role in several business activities, such as legal obligations and implications. If you are engaging in real estate acquisitions and dispositions, it is important to consult a business attorney. A business attorney can assist you with contractual drafting and negotiations as well as the acquisition and disposition of assets during a restructuring process. Thus, in every step of your business, right from setting up the venture to running it successfully, you need a business lawyer to help you take right decisions to run your business successfully without legal complications.Finding a lawyer depends upon the state where you are running or planning to run a business. Since each state has its own code of law, it would be wise decision on your part to hire the services of a local lawyer well acquainted with the ins and outs of business law in the state.To run a business in a state like New Jersey, which has strict business laws and norms, it is always safe to hire a well-experienced New Jersey business lawyer. Hiring an efficient lawyer is no easy task. It's always good to seek references from relatives or friends, who can comment upon the lawyer's track record and capability. Seeking a reference through the state bar of New Jersey is also a good idea. Setting or running a business venture is no easy game, so take the first right step by hiring the right lawyer, to move ahead towards growth and success.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
If you are planning on starting a new business, doing so without the guidance of legal counsel can be biggest mistake you can ever make. If you don't already have a lawyer representing you, you should obtain the services of a business lawyer who is well versed and experienced especially with regard to corporate matters and startup ventures.If you are planning to start a new venture, a business lawyer with expertise and experience all of the fields affecting your business—such as labor or employment law, tax law, real estate law, banking and finance or intellectual property—would be your best bet. A business lawyer also helps you if you find yourself with a serious legal problem in the course of your business. A business lawyer helps in many areas from making business decisions to handling serious problems such as an injury caused by your product or an investigation by the SEC. If an inexperienced person handles these cases, he or she might cause serious harm to your business. Business lawyers play a critical role in several business activities, such as legal obligations and implications. If you are engaging in real estate acquisitions and dispositions, it is important to consult a business attorney. A business attorney can assist you with contractual drafting and negotiations as well as the acquisition and disposition of assets during a restructuring process. Thus, in every step of your business, right from setting up the venture to running it successfully, you need a business lawyer to help you take right decisions to run your business successfully without legal complications.Finding a lawyer depends upon the state where you are running or planning to run a business. Since each state has its own code of law, it would be wise decision on your part to hire the services of a local lawyer well acquainted with the ins and outs of business law in the state.To run a business in a state like New Jersey, which has strict business laws and norms, it is always safe to hire a well-experienced New Jersey business lawyer. Hiring an efficient lawyer is no easy task. It's always good to seek references from relatives or friends, who can comment upon the lawyer's track record and capability. Seeking a reference through the state bar of New Jersey is also a good idea. Setting or running a business venture is no easy game, so take the first right step by hiring the right lawyer, to move ahead towards growth and success.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
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