LawyerForYou: Blog LawyerForYou: Blog Copyright by LawyerForYou en LawyerForYou Mon, 18 Feb 2019 02:01:22 -0500 Is a personal attorney reliable - Should you hire their services? Nowadays, most of the people are experiencing accidents which are life-threatening. If you are one who is suffering from any complicated injury due to the accidents, then one should consider a personal attorney who will handle the case. A professional will able to provide compensation to you according to professionals, before handling the case to any lawyer one should discuss the current situation of the case and other important things.

 A professional lawyer will always provide a free consultation to you. Make sure that lawyer is enough experienced and skilled. He will take every step carefully. All things depend on the planning and situation of the case. If possible then always consider an experienced lawyer who will able to make a settlement with a criminal. An expert attorney knows the value of a claim. Most of the people are making the use of personal injury settlement calculators which is beneficial. It will give a complete rough idea about the case. Following are the potential benefits of hiring a personal attorney.

Valuation of case

If possible, then one should make the use of a personal injury settlement calculator that will give a complete rough idea of the case. All you need to evaluate the value of the claim. If the value of the case is quite low, then don't hire any personal attorney because he will charge thousands of dollars for the case. According to professionals, a personal attorney will consider the following important things.

  • He will analyze the injuries carefully
  • Analyze the pain and condition of the victim
  • Check the insurance-related papers
  • Estimate the future medical requirements

If you are worried about the upfront cost, the one must consider a professional attorney only because he will able to handle everything with ease. One will able to get the claim of all the expenses. If you win the case then you have to pay money otherwise attorney will charge nothing. Overall, all things depend on the lawyer only.

Legal process

A professional will follow the legal process only. With the help of rules and regulations, you can easily win the case. They have knowledge which documents are right or not. All you need to discuss the right situation with him. He will complete the form in a fraction of seconds. He will make the settlement with an insurance company or criminal. It means you don't have to worry about upfront costs and other charges because a professional attorney will able to handle everything with ease. If you don’t want to miss thousands of dollars then always consider a professional lawyer only. The great thing is that a professional will able to handle the dirty work with ease. You don't have to worry about any paperwork and other things. Make sure that you are filling the case according to the rules and regulations only

Final verdict

Lastly, to win a case, one has to consider an expert or skilled lawyer only. If possible, then you should always consider Zehl personal injury lawyer only because they have enough knowledge of accident cases.

Uncategorized Editor Sat, 09 Feb 2019 07:49:22 -0500
The best way of getting compensation in case of personal injury Getting injured is never a pleasant feeling. However when that injury is caused by the fault of someone else directly or indirectly, then it only adds more sorrow to the pain. It is quite a traumatic experience when a person suffers from an injury. Depending on the kind and extent of injury the time for recovery varies. In some cases, injuries can disable a person permanently and might negatively affect the quality of life. This is extremely unfortunate, but for reducing the misfortunes of the injured person, certain legal actions can be taken.

Dealing with the legal case of personal injury

People should be acquainted with the fact that whenever an individual suffers a minor or major injury if he/she is not at fault, then he/she is entitled to claim compensation. However in most cases, after the person has got injured, it might be difficult to think about a legal claim or file for compensation. However, if this procedure is not initiated within a specific duration after the occurrence of the injury, then the claim might not be valid anymore. There are state laws that determine the duration for filing personal injury claims, and it is best to know the time frame present for making such claims in the state where the person is residing.

However, accidents can also occur abroad. Hence in such cases worrying about filing a legal claim for compensation can be laid to rest by taking the aid of Injury Lawyers Perth. There are legal firms of injury lawyers present in almost all states. A location-based search for injury lawyers will provide a person with details of nearby attorneys or law firms that deal with such cases. The method in which injury lawyers work

When a person hires an attorney for making a compensation claim, then the legal proceedings related to the case are completely taken over by the lawyer. It is understandable that after suffering from a traumatic accident, the person will need time to recover and might also require constant treatment. Hence in such cases, the lawyers try to move forward with the legal procedure without engaging the client now and then.

Injury claim

The main aspects of an injury claim are discussed below:

  • The compensation amount is the major aspect of any injury claim. All medical costs and medical care facilities needed by the person on a temporary or permanent basis are factored into the compensation amount. The aspect of psychological trauma also forms a part of the compensation amount.
  • The person(s) or organisation responsible for the injury has to be sent the claim through a legal channel. The lawyer will help in identifying the responsible person and will do the needful for getting adequate recompense.

Hence, for the proper filing of compensation within the given duration, it is appropriate to get hold of sensible and professional injury lawyers. Such lawyers will ensure that the suffering person gets the financial support needed for overcoming the situation created by the injury.

Uncategorized Editor Thu, 31 Jan 2019 03:24:01 -0500
How to Hire the Best Business Lawyer Today or tomorrow, your business will require legal counsel. There is no denying the fact. Now, a commercial lawyer can prove as an asset to your concern or misguide you, leading you to disastrous consequences. All depend on the kind of attorney you appoint. The choice is yours. If you do not have much experience dealing with lawyers, the process may seem a little intimidating initially. When you know what issues needs a resolution, and you are well read half the battle is won. In such a case, you can expect to experience a positive outcome. According to an article published on, ensure what kind of lawyer you would want to hire. When it comes to a business attorney, he is specialized in dealing with litigations concerning your business operations. Therefore, do your homework and then appoint. Here are a few pointers to help you hire the best attorney:

Find a Professional who Knows Your Industry

When appointing a business lawyer, he should know about the industry you serve. For example, if you sell solar products, the attorney should know about the same and the complex rules that govern every solar installation. The person should be aware of how your company operates. If not, there would be communication issues. Now, that does not mean that if you deal with beauty skin creams for women, your lawyer only knows about skin creams. It implies that the legal professional should be open to learn and figure out what your business is all about and how it performs activities on a day-to-day basis. Ensure that the attorney knows about your major customers, strategic partners, and suppliers. These aspects can be included in your legal strategy. To hire the best professional, read up online literature and read details on platforms such as Boss Lawyers Brisbane commercial.

Opt for a Lawyer who Works with Other Resources

When it comes to legal counsel, it does not come cheap. Therefore, your attorney should have a good network of other lawyers, who can come to your assistance when you have some special requirements to operate your business successfully. Ask whether the law firm he is associated with hosts special events to meet their clients. These may include a webinar, online videos, or any other virtual resources. Is the attorney a member of any group or trade associations so that you can benefit in the future during the proceedings of a case? Ask questions and do not hesitate. Dig for more information to hire the best.

Inquire about Legal Fees

Make sure that your lawyer does not hesitate to discuss the legal fees or charges with you. Most business lawyers charge per hour. Therefore, ask whether he will charge an hourly fee or not. The legal professional should not include any hidden charges when sending you the final bill. It is important to choose a professional who is honest about his fees and is transparent. If he charges a fixed rate, then your lawyer should say so before you hire him.


Hire a commercial lawyer who will work for you now and in the future. Therefore, build a healthy business relationship with the professional for mutual benefit.

Uncategorized Editor Thu, 31 Jan 2019 03:07:21 -0500
5 Common Mistakes to Avoid When You Get Arrested Getting arrested can be a very stressful experience for both you and your loved ones. Many times, it happens unexpectedly, thereby leaving you with little time to react. Feelings of confusion and panic can flood your mind, especially if it is your first time behind bars. However, it is very important for you to try your best to remain calm even during this difficult situation. Here are some common mistakes that you should avoid when you find yourself in trouble with the authorities:

  1. Giving admissions to the police before contacting a lawyer

This is a common mistake that many first-time offenders made. Fear and anxiety might cause you to make hasty admissions to the police without calling your lawyer first. These admissions can be used as evidence against you during court proceedings. Hence, it is advisable for you to exercise your right to remain silent and insist on calling your attorney. If you don’t have a lawyer, get in touch with your friends/family members and ask them to find one for you. Your attorney will be able to communicate with the police on your behalf, thereby ensuring that you don’t make any incriminating remarks.

  1. Resisting arrest or being violent

It is normal to feel agitated if you believe that you are being wrongly accused of a crime. However, you should resist the temptation to lash out at police officers or resist arrest. This will only lead to more charges of assault or battery. You should also desist from verbal abuse and other forms of hostility. Instead, cooperate with the authorities and follow the right procedure so that your case can be handled as quickly as possible.

  1. Providing incriminating information to friends and family

As much as you might want to believe that you can trust all your friends and family, be very cautious about what information you give to them. For instance, in most areas, you are allowed to have one phone call when you get arrested. During this phone call, don’t make any incriminating statements since they might be overheard by the police. Furthermore, if you were arrested as a group, some of your friends might choose to testify against you so that they can get a lighter sentence.

  1. Failing to hire a bail bondsman

According to the Legal Dictionary website, a bail bondsman is a professional agent who provides bail bonds for suspects awaiting trial in order to have them released. If you cannot afford the entire bail amount, then you should get in touch with Eric Castle - Castle Bail Bonds today. Here you will only be required to pay a small percentage of the bail amount and then your bail bondsman will pay the bail on your behalf and thereafter organize for your release.

  1. Failing to satisfy your bond requirements

Once you make bail, you are required to attend all your court hearings and adhere to any other conditions stipulated by the court. Going against your bail conditions will only lead to re-arrest and further jail time.

Uncategorized Editor Sun, 06 Jan 2019 10:06:00 -0500
3 Essential Tips That Will Get You The Best Traffic Violation Attorney There are many vehicles on the road. These vehicles are bought on a daily basis, this is according to Don’t forget that once they are bought, the vehicles will be driven by people on the public roads. Each country has a set of traffic rules that govern drivers while on the road. The reason why these rules exist is so that they can limit and avoid recklessness on the road. Can you imagine your relative because of someone's ignorance on the road? In any state, if you disobey any of these rules you are liable to being jailed or even suspension of your license. Sometimes, you might not be aware when you are committing the traffic offense. In such situations, you will need someone to come and defend you and bail you out. This is something that can only be done by your traffic violation attorney. If you don't have any at your disposal, you will have to hire one. What are the steps will you use? What features will you be looking for? Below are some of the things that will identify a good traffic violation attorney;

  1. Experience

Experience is an element that makes a lawyer stand out from the rest. Some cases don’t have room for mistakes. The only way you can be sure you are not going to commit any error is if you get yourself someone who has been down that road before. If you hire a traffic violation officer who has eight years’ experience, then you will have confidence of winning your case. For the lawyer to be familiar to people, then it means that he has a good winning record on the various cases he has represented. Why would you hire someone who is new in the game? What are the chances of him or her winning a case? You need to have some hope.

  1. Charges

Every lawyer will give you a figure that he thinks will help him put food on his table. However, you need to differentiate the hungry lawyers and the financial trustworthy lawyers. If you get someone who is after your money, don’t waste your time by hiring him or her. You should always be ready to find yourself another option. That is why you need to get a few traffic violation attorneys and see which one is affordable. However, an affordable lawyer shouldn’t always be the cheapest offer. You need to ensure that the fee you are paying is worth your needs.

  1. Background information

The best thing about the current millennium is that there is always someone who knows something about someone. Basically, word of mouth will move around faster than you think. That is why you need to make sure you do a thorough background research on the traffic violation lawyer you intend to hire. It is through the background information that you will get to know a DWI Lawyer Nassau County exists. You will also get to know that their lawyers can help you reduce the penalty imposed on you for a certain traffic offense.

Uncategorized Editor Sat, 29 Dec 2018 03:51:40 -0500
Hiring a personal injury attorney? What do you need to know? If you are someone who loves traveling a lot or someone who is into sports and fitness then there are high chances that at some time or the other you would get some form of injury done on yourself, sometimes, the injuries can be caused because of no real fault of your own self. Under such circumstances, it is possible for you to get legal aid and take the person or persons responsible to a court of law for causing you the injury and get large amounts of compensation.

Personal injuries are such types of injuries and can get settled legally. But in order to do this properly, you must hire a personal injury attorney first. This article will highlight to you the several details of personal injury attorneys and the legal options available to you in case you need it.

What does the personal injury lawyer perform for you?

Personal injury attorneys would be willing to help you out when you suffer any form of injuries due to accidents caused by the fault of others. You may be a victim of car accidents and suffer some injuries. You can also suffer a work-related mishap and injure yourself. Personal injury lawyers would be there to help you in the situations to provide you with the legal help you need to claim compensation. These lawyers are highly trained and skilled in such types of cases.

What qualities must the personal injury attorneys have?

A personal injury attorney shall be extremely diligent and sincere in providing you with all the legal help necessary for safeguarding your rights and your interests. They will deal with your case in a way which will benefit you financially. You need to provide them with all the essential information required to make your case. You should not hide any facts from the personal injury attorney. Good attorneys shall understand what specific information is required for fighting your case and what type of information needs to e provided to the court. They shall present the information in a way that it does not affect your interest and hence, you need not hide any essential information from the personal injury lawyers. They shall work to the best of their abilities to provide you with compensation for the amount of time lost due to your injury and the extent of damage caused by it.

How do you pay your personal injury attorney?

The mode of payment for personal injury attorneys is quite easy and also convenient. You would not be required to provide any money through fees till you are given some sort of compensation by the courts themselves. You would have to make payments only when you win your case and have got some remuneration through compensation. When this does not happen, you would not need to make any payments to the lawyers at all. You may have to make some small payments to recover the costs for filing the lawsuit on your behalf, but these are separate expenses which are different from the attorney's fees. Hence, personal injury lawyers need to get selected properly by the victim who suffered from a serious injury.

Personal injury attorney practices

The personal injury lawyers and attorneys would be allowed to practice in states in which they reside on a daily basis. IT is essential for them to pass the bar examinations and get their accreditations. Different states will have different types of bar examinations. Personal injury lawyers will always try to get you out of court settlements first and work out a deal with the accused. They will try to get you the best possible compensation depending upon the nature of your injury and the damages caused by it. If you think of filing a personal injury court case against someone, then it is important that you hire a professional personal injury attorney. This will help in protecting your own rights as the applicant and will help you to get the case ruled to your benefit so as to help you get proper compensation.

Personal injury lawyers, like all attorneys, would need to have some ethical codes of conduct and they will follow that diligently in their work as a lawyer. Such codes of conducts are made up by the state and local authority bodies and bars which regulate them. The exact services which your personal injury attorney shall be able to provide you are filing your legal complaint, representing your case in the court, giving you important legal advice, drafting all your legal documents, arguing in favor and trying to get you hefty compensations.

You shall have first to select a personal injury attorney. You can find a lot of them on the Yellow Pages and on the internet. Read the reviews and testimonials before you choose one. Then you should meet your lawyer. You will have to disclose the facts of your case. Then the attorney shall evaluate the different details of the case and determine what legal standing and base you have for the case. When there are any legal grounds, the personal injury lawyers shall present your case in the court and give the arguments for getting you compensation against your defendant. You will be given your due to the troubles that you went through.

You can visit Injury Attorney LA Hershey Law in order to know in more details about personal injury attorneys and laws related to personal injuries.


Personal injury lawyers shall try their best to get you justice and win you compensation for the troubles caused by the injury you suffered because of other people’s negligence. These attorneys are trained specifically to handle such cases. They will use all their skills for helping you win the case. They shall also help you in getting big compensations from settlements made out of court. You need to choose your attorney carefully, ensure that they have the right expertise and qualifications for handling these types of cases. Hopefully, the information mentioned in this article will have helped you.

Uncategorized Editor Sat, 29 Dec 2018 03:36:38 -0500
Laws Hovering Around Debt Relief With Better Noteworthy Information Even when the debtor is quite at fault for not just able to pay the debts off right on time and within the tenure period, there are multiple debt relief laws in county as aimed in protecting the same. Just to be clear in this regard, these are not in proper place to relieve them of responsibility to pay off what you actually owe. On the contrary note, it is always the right of the creditor to call debtor just for asking for the payment and then rightfully sue them in court in case ever the need arises.

But, the market comes across some of the malpractices, which are rightfully abusive often times. That is the reason for the federal laws to feel that need of implementing couple of some laws for protecting the debtors from the collection agencies, and even from the creditors. This will help them to keep right in line whenever they start calling debtors for forcing them to just pay up. There are multiple laws and some provisions found on Federal Trade Commission or FTC website. It is always suggested that you might have to read through them for clear idea of rights. Whenever you are deep in debt and asking for relief, there are two major laws to help you. One if the TSR and another one go by the abbreviated form FDCPA. You can easily go through some of the debt relief reviews, to learn about these laws in details.

More about TSR for your immediate help:

You have to be aware of a law, whenever you are looking for debt relief under the name or TSR. It is also known as Telemarketing Sales Rule. This law is designed to protect interest of the consumers’ right against for profit debt relief companies, which are actually taking advantage of the same. This rule helps in protecting debtors in some areas of concern.

  • It comes with information on upfront payment. It has always been deemed illegal to collect any payment before debt relief service has been thoroughly fulfilled. This legal advice and help is primarily designed for the for-profit debt relief organizations. They are just allowed to collect payments when the debt relief is made evident.
  • This evidence can be successful settlement, re-negotiation, reduction or even debt amount and payment terms for around one debt of debtor. It can also be associated with submission of the written debt based management plans, agreements like settlement ones and more, as made between debtor and creditor. Here, both parties need to be in rightful agreement.
  • It comes with proof of the initial payment was made to creditor, depending on the agreement that the debt relief firm helps in negotiation to a great extent. You might even get the chance to set up escrow account where consumers get the chance to deposit service fee of the firm.
  • Well, it is only to be collected once the debtor is thoroughly satisfied of services when a pre-agreed milestone has been properly met. It applies to the full payments or even re-negotiations for any lower monthly payment.
  • Any fees to be collected as payment for the debt based relief service must be in accordance with service fee, as collected when debts are paid, fees withdrawn for debt settled which is to be proportionate to total service fee when debts are settled. It can also deal with total service fee as acceptable percentage of what debtor might be saving as result of settlement that debt relief might help in negotiating.

Checking on the full disclosure under TSR:

It is mandatory for the debt relief firms to be upfront with clients just to help them understand about the relief programs. Clients are to be informed pretty well of how long they might wait to realize results of negotiations with the creditors. Customers are asked to have an idea about cost of procuring debt relief services and any dedicated account related to it. You can explain the client’s credit standing as debt services might be placed on credit report. For dedicated account to be set up, five conditions are mandatory for you to meet.

  1. The account needs to be associated with a financial institution as insured adequately.
  2. The debtor is the one over here to maintain full ownership of account, which will include the interest level to it.
  3. The debtor around here will be given the chance to withdraw funds from account anytime when needed and not penalized for the same.
  4. This company should not own or associated with the company’s housing account.
  5. It should not have any kind of referral fee agreement, placed between the debt relief firm and financial institution holding account.

You need to be aware of the service representation as another part associated with TSR. Any form of false advertising or services or mis-presentation is prohibited strictly by TSR. The services, as associated with the for-profit debt relief firms should always be stated in a clear manner and without any false promises. Nothing false will be entertained and should not be made to the consumers and debtors. The current success rate over here is rather clear, truthful and also met while included in promises as made to debtor over here.

A bit about FDCPA:

The FDCPA’s main premise is to protect debtors and consumers from being harassed by the creditors and collection agency hired to come after what they actually owe from the debtor in question. This law is not going to condone any kind of collection process but will impose some of the strict laws so collection process fails to turn rather abusive in any way. In case, you come across any emergency to file complaint against collection agency or the creditor, then you can get hold of consumer finance protection bureau or the CFPB for help.

At the end, knowledge is the key of it all. You can start learning about the present practices and things will turn to work out pretty well around here.

Uncategorized Editor Wed, 19 Dec 2018 09:03:40 -0500
Which One To Choose Between Law Expert Or Debt Settlement Companies If you ever plan to negotiate with creditors, chances are high that you might want to move forward by hiring a lawyer or just do it on your own. You don’t have to think about hiring any debt settlement firm for the same. In case, you are actually planning to pay debts, then you might be wondering if you plan to hire a lawyer or just deal for a debt settlement firm to help you with the negotiation with creditors. In most of the cases, it is always better to just avoid any of the debt settlement firms at all.  Even though it might make some sense to hire an attorney for the service, you have to be sure to get services from legitimate law firm.

Now, you must be wondering why you should go for the reputable attorney by avoiding the debt settlement firms if you actually want to negotiate the debt settlement. There are times when you might think to be better off yourself in settling debts on own but things might not work out as smoothly as you thought it would be. You can check out debt settlement reviews to know how these debt settlement firms work and things will work out well.

Ways in which these firms actually work:

You need to know the truth before you actually head for the debt settlement firm and invest some money for their help. These firms will mostly claim that they are able to talk your creditors into settling some of the unsecure debts for the amount on dollar. Well, there are some firms which can keep up promises but not all can do that. In case, you are just current on your payments, they will tell you that the creditors will not settle unless you stop the payment procedure.

Most of the time, these companies will tell consumers to make payments, which can otherwise go to creditors, to them for negotiating with the creditors. These payments are then used for covering monthly fee for company working for you and for your savings, which are set aside for future settlement of debt. The debt company will compact creditors once you have saved quite some bucks and offer lump sum that is less than what you owe.

Sometimes, the debt settlement firms might charge contingency fee, which is mainly a percentage based on amount you have saved through settlement. There are some other fees involved too like set-up fee and more.

Things debt settlement firms won’t inform you about:

These firms are not going to mention that once you actually stop the payments, the amount you will owe after that will increase because of added fees and some of the interest charges involved. They are further not going to tell you that the creditors will not have to accept lesser amount than they owed to settle debt or that many creditors will not go for the settlement, mainly while working with debt settlement firms. There are some creditors, who might get motivated to sue you with legal help if you are actually working with debt settlement firm.

Unfortunately, most of the settlement companies will not explain the risks to customers as they are for-profit agencies. They are in business for helping out clients but they will look after their own growth as well. They are here to make a buck.

Why you need to hire a lawyer:

In case, you think you need some help with settling debt or are unsure about whether these negotiating settlements will be a clever idea, skilled lawyer can provide you with practical legal advice after analyzing situation and representing you if credit files lawsuit. It is hard for the debt settlement companies to do that unless they have hooked up legal help as part of their business. If so, then you don’t have to look any further for secondary help.

  • It is always a job for the attorneys to go over all problems you are currently facing before getting you the options. Proper lawyer will go over all options and help you figure out if you actually need to settle debts or whether you might take a plunge in other cases like filing bankruptcy or anything similar to that. It is a bit different from what you get from a debt settlement firm, which is here to convince you that they will settle the debt for you.
  • In case, you get sued by the creditors, your attorney will be able to defend you as part of the job. Similarly, if the creditor, in any way, violates the law like Fair Debt Collection Practices Act, just for collecting money from your side, the attorney is here to offer you with specified advice and tell you more about the ways to proceed in such scenarios.

Be sure to avoid bad debt settlement lawyers:

Everything is not bright and good in legal helping section as well, when the matter revolves around debt settlement firms. Attorneys need to have license and supposed to uphold some of the strict forms of ethical standards. But, not all of them follow the norms as they should have been. Some of the companies will employ lawyers to act essentially just as fronts, for providing company the appearance of legitimacy. But, there are lawyers, which might have nothing to do with you or even little, if they have to. They don’t have anything to do with the debt settlement process or even with the creditors.

Make the right choice:

You have to make the final decision on the choice you want to make between the debt settlement firm or legal helping hand. It actually depends on your belief to be honest. There are some reliable debt settlements firms available, ready to serve you right with the settlements, which even the legal workers won’t be of any help at all. You just have to find them before making the next step further in this regard.

Uncategorized Editor Wed, 19 Dec 2018 08:54:03 -0500
What is a Conveyancing Solicitor and What do Their Services Cover?  You know that you need a conveyancing solicitor and know the basics of why you need one. But what are all the services that are included?

Conveyancing solicitors don’t just write legal contracts, nor do they just arrange the title transfer and registration with the Land Registry. They also provide a comprehensive service to homebuyers which includes legal advice regarding the contract, any issues that have been highlighted by the property surveyors and the mortgage offer. In addition to this, they also perform a myriad of different searches through the relevant local authorities which can reveal detailed information that relates to the property that you intend on buying. These searches could include –

  • Local authority questions such as public paths, common land, pipelines, building plans and noise abatement zones.
  • Checking environmental flood risks which can be done at the land registry.
  • Water authority research to determine how your water would be supplied and if there are any public drains on the property that will potentially affect any prospective building work or extensions in the future.
  • Checking the title register and title plan which are legal documents that prove the seller’s ownership of the property. Both of these checks are legal requirement in order to sell a property.
  • Additional and location specific research. For example, if the buyer is concerned about fracking in Yorkshire or tin mining in Cornwall.

 What Are the Different Types of Conveyancers?

 Licensed Conveyancers

Licensed conveyancers do not have the same level of training or law experience as conveyancing solicitors, but they are qualified and deal exclusively with property law. They can work anywhere that deals with the title transfer of a property or piece of land. Their scope of work isn’t just limited to a law firm. They can undertake work within anything from property development companies, housing associations, building societies and with local authorities. In 2017 it became a requirement that licenced conveyancers have a badge placed on their website to show that they are regulated by the Council of Licensed Conveyancers within the UK.

Conveyancing Solicitors

Conveyancing solicitors are fully qualified practitioners who can undertake all aspects of the conveyancing process on your behalf and generally have a wider scope of experience in the other aspects of law surrounding the property spectrum. This wider range of experience can often prove useful if you are dealing with additional legal matters at the same as buying your new home.

Conveyancing solicitors within England and Wales are required to be registered with the Law Society which is regulated by the Solicitors Regulation Authority (SRA). The SRA regulates more 180,000 solicitors including single practising solicitors to corporate companies that have a global presence. All practising solicitors are required to adhere to the same code of conduct and principles, and the SRA provide them with professional advice to enable them to do so. The current standards and regulations can be found in the SRA Handbook here.

 Both conveyancing solicitors and licensed conveyancers are capable of undertaking the conveyancing process when you are buying a new property, and there is little distinction between the two. However, you are best seeking a conveyancing solicitor if you are looking for any additional advice apart from buying the property itself.

 DIY Conveyancers

It may come as a surprise that anyone can act as a conveyancer and in the UK, there is no existing law that prevents anyone taking on the process themselves. However, we do not recommend taking on this process yourself as it is complicated and there is a high risk of making mistakes, and when dealing with property, the risks are too high. Most people recognise this risk which is why the majority of conveyancing is undertaken by fully qualified solicitors.

 What Does the Process Involve and What Should I Expect When Buying a Property?

Once a purchase price has been agreed and accepted by the buyer then that’s when you begin working with a conveyancer. However, it is important to remember that an offer on its own isn’t a legally binding agreement until the contracts are exchanged and that the conveyancing process takes up to twelve weeks to complete. However, the types of process do differ depending on whether you are selling or buying a property, or both.

 Firstly, your conveyancer will draft a contract for you to agree and sign which will outline the conditions of sale, particulars of sale and the agreed completion date. At this point, it is important for you the check the tenure of your new property to determine whether it is freehold or leasehold. Leases that are under 80 years can often be problematic and expensive to extend, and you also need to have owned the property for at least 2 years before you qualify to do so. In general leases under 60 years are best avoided.

 The drafted contract will then be sent to your seller’s conveyancer. Once the draft has been approved by both parties, then a standard contract will be drawn up. One this final contract has been agreed and signed, the conveyancers will then exchange the contracts at which point the deposit will be transferred.

 The date of completion in which the property is legally transferred to your name. By this stage, the seller must have removed the last of their belongings in the property and given the keys to the estate agent who will then release them to you.

Uncategorized Editor Fri, 14 Dec 2018 10:08:13 -0500
So You Want to Write Your Own Will

Legal fees are expensive and you might not want to invest hundreds of dollars to have your will created by a professional. Depending on your situation, it might be appropriate to write your own will. In the event you own property, have a large family, or possess considerable wealth, you'll definitely want to contact a lawyer to help compose your will.

If you choose to write your own will, include the following sections:

  1. Declarations page. The declarations page includes your name, birth date, and legal address. Feel free to be specific and descriptive about yourself on this page so that readers know that "it's really you" who wrote the document.
  • Also on this page, it's necessary to state you're over the age of 18 and "of sound mind."
  • You'll want to add that no one is forcing you in any way to make your will and that you're doing it of your own free will.
  • It's wise to say that you're "revoking" any prior wills and codicils (such as attachments to wills) and that the current will is your "last."
  1. Executor page. Next, you'll want to designate who you want to manage your affairs in the event of your death. Married people usually designate their partners to be their executors.
  • The key in selecting the executor is that it be someone who is knowledgeable about your affairs.
  • Speak to whomever you plan to name as your executor in advance. The person selected will hopefully be comfortable with your naming him.
  • Also, it's wise to appoint an "alternate" executor. State that in the event your executor is unable or unwilling to serve in the role, you want the alternate to step in and assume the position.
  1. Guardian page. If you have children younger than age 18 or dependents with special needs who are unable to care for themselves even though they're over 18, it will be necessary to appoint a guardian to take care of them in the event of your death. As you might suspect, it's integral you discuss this issue at length with the person you have in mind.
  2. Beneficiaries page. This section of the will is where you list all of your beneficiaries by full name, relationship to you and their legal addresses at the time of the will's composition, in addition to what you want to will to each person. Be specific about what you plan to leave to each beneficiary.
  3. Burial and funeral page. Specify here whether you prefer to be buried (and where) or cremated. Also, you might include your preferences for your funeral, such as open or closed casket, no public funeral, private service only, and the like.
  4. Signatures page. Although you're nearly done with your will, this page is quite important as it verifies and validates your document.
  • Not only does it include your signature, full name and address at the time of the will's composition, it denotes that same information for those witnessing your signature. In most states, two witnesses' signatures are all you need. However, ensure you check your state's requirements when it comes to witnesses before completing this part of your will.
  • The page needs to state that the witnesses actually witnessed your signing of the document. Include the date and where they were at the time of their signing.

If you've included provisions that your family should see right away when you die, like your wishes for your funeral, keep a copy of it in your home and let your loved ones know where to find it. A will locked away in a safety deposit box will be of no immediate help to your loved ones, since they would be unable to access the box's contents immediately upon your death.

Depending on the laws in your state, parts of your will could be overruled based on what you included in your document, so it's important to become familiar with and comply with the laws in your state regarding passing on your estate.

If you have questions about writing your will or possess considerable wealth or property, contact an attorney to obtain legal advice so that your wishes can be legally documented in the proper form for your state.

Uncategorized Editor Sat, 01 Dec 2018 23:34:01 -0500
Are Pre-Paid Legal Services a Good Idea?

Nearly everyone has been exposed to offers for pre-paid legal services at one time or another. While the United States has more lawyers than any other country in the world (and more lawsuits, too), pre-paid legal plans have never become very popular here. They are quite popular in Europe, however.

Are they a good thing? Are they a scam? It really depends on what type of legal services you're likely to use. Read on and see if it makes sense for you.

What exactly is a pre-paid legal plan?

A pre-paid legal program is similar to an insurance policy. The subscriber pays a recurring fee for certain legal services; the services might be included with the subscription fee or offered at a reduce rate. Plans vary dramatically in what they offer and their cost. Be sure to know what you're getting before you sign on the dotted line.

The Advantages:

  1. Low cost services. If you know you're going to have a regular use for a lawyer, it can be beneficial. For example, if you're a real estate agent, you could have all of your clients sign up for pre-paid legal services and then use the service for deed preparation. You would likely get a commission and the client would save a little money.
  • Keep in mind that the services are not for commercial purposes, so in the above example the real estate agent couldn't use the services for the legal needs of his real estate business. However, the people buying / selling their property do make out well.
  1. Free phone calls. Most plans offer free advice over the phone. Over 50% of legal issues can be handled with a phone call and a little follow-up.
  2. Minor legal issues are essentially free, provided that you are paying your dues.

  3. Free legal forms. Pre-paid plans offer a library of free legal forms that can be used by members.

The Disadvantages:

  1. Legal problems can still cost a bundle. If you ever have to actually go to court, the included services run out quickly. You may be entitled to a specific number of hours for 'free', but preparing for court can take hundreds of person-hours. While you might get a discount for those hours, you could get the same discount elsewhere if you shop around.
  2. The quality of legal representation might be less than stellar. The member law firms tend to be new lawyers or less-successful law firms, growing their businesses with discount services. In fact, when a pre-paid legal company was sued recently, they hired a high-powered Manhattan firm to represent them, not one of their pre-paid legal affiliates.
  • So common or minor legal issues are fine for them to handle, but you may want to look elsewhere for legal help on complex issues.

Who should consider using prepaid legal services?

If you're likely to have a significant amount of legal busy-work in the near future, they can make sense. If you need to have your will reviewed and you're buying a house and selling a business in the same year, then it can make a lot of sense.

If you don't have any foreseen legal issues or do have major legal issues, a pre-paid plan probably isn't in your best interest.

Pre-paid legal services are here to stay, but it is doubtful they’ll ever be widely accepted. The average person rarely needs a lawyer. When they do need a lawyer, the limited services and questionable skill of the legal provider might not be sufficient.

Do some research and see if it makes sense for your situation. Just be certain that your source of information isn't just trying to sell pre-paid plans. There may be times in your life when a pre-paid legal plan can save you some money and other times that you can do without.

Uncategorized Editor Tue, 27 Nov 2018 23:25:55 -0500
Does My Dog Have Rights? Why Do Courts Value Pets As Property?

We love our pets. They welcome us home with love and kisses, we consider them family, and Americans spend billions of dollars on them yearly - specifically $61 billion.

With so much love for our furry friends, why haven't our laws kept up to speed with how we value our pets should something go wrong? It may surprise some people to hear this, but cats and dogs are considered simple property in the eyes of the law with no additional value; no different than a microwave or sofa.

With pets being considered members of the family by most, the law is starting to reflect these changes - yet very slowly.

In custody cases, we're starting to see some judges talk about the best interests of Fido or Fluffy, and which home is better suited for the pet. We're also seeing some states flirting with the idea of potentially allowing wrongful death cases brought by pet owners in certain circumstances.

With more and more people buying pet insurance in order to better-protect their fiends from injury, cancer, or other ailments, the natural next step may be to allow pet owners to pursue claims against veterinarians for poor treatment or negligence; essentially a medical malpractice claim.

Veterinarians have long-benefited from the emotional relationships we have with our animals, and many people believe that they should also be held responsible when their actions result in the further injury or death of their pet.

The problem is that courts consider pets as property. If we begin giving legal status to pets, though, where do we end up?

Where Do We Draw The Line?

If our animals are legally treated similar to humans, do we lose rights as pet owners? Do we suddenly have to go to court to determine if we can spay or neuter our pet?

The ultimate answer is that a dog or a cat is still an animal, certainly one to be protected and loved - but not a human with the ability to make decisions for itself.

I think we all should certainly be able to recover, through the court process, the emotional and sentimental value of any loss caused by another person's negligence or actions, including when that involves a pet. I think most people would agree with this in principal, but by the letter of the law, you're not likely to be compensated for emotional damages or sentimental value.

Montgomery Law is a Dallas personal injury law firm that genuinely cares about their clients and takes pride in getting them the compensation they truly deserve.

Visit or call 1-833-720-6090 toll-free!

Uncategorized Editor Sun, 04 Nov 2018 10:43:29 -0500
5 Things to Consider While Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you've been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

If you are going to hire a legal assistant or build a strong remote team of legal/paralegal experts, above mentioned points will definitely help you. All the best!

Uncategorized Editor Mon, 15 Oct 2018 10:42:32 -0400
How Home Insurance Lawyers Can Help Resolve Your Case

Terri-Lynn Robinson's entire life was turned upside down when a dispute with her ex-husband went disastrously wrong. As he packed to move out, he decided to take revenge. He retrieved a BBQ lighter and lit the entire length of their bed skirt on fire. With her in the room. Within minutes, her bedroom went up in flames. While Terri was able to escape, her home and life were in shambles. Her house, an object of arson, was uninhabitable. She turned to her insurance company, who responded by denying her claim. Their reason was that, since her ex-husband was on title, the damage was caused by the home-owner and thus was not covered. Terri is a victim of spousal abuse; she lost her home during the dissolvement of her marriage. When things couldn't get worse, she was told that she was on her own. Insurance that she had paid for would not be stepping in. Terri was left to pay the mortgage on a "rotting shell" while she lived in a shelter. She could not afford the repairs on her income, and she now faces the very real possibility of bankruptcy and the loss of the rest of her possessions. If you've found yourself in a similar situation, a home insurance lawyer can help.

This Happens More than you Think

Terri-Lynn is not the first woman to be a victim of spousal abuse and arson. She is definitely not the first to have claims wrongfully denied. The tragic outcome of these denials can be complete loss of quality of life and home. Home insurance lawyers are the connecting link between these horrible tragedies and a successful outcome. Lawyers fight for your rights and your insurance claims. Insurance is paid so that it is there when you need it the most. It is a tragedy that this money is lost, leaving you out of pocket for additional expenses that you cannot afford during the worst periods in your life.

Lawyers get Results

Insurance companies are just that: companies. Companies exist to make money. In addition to this, there is a lot of scrutiny over insurance claims to insure that a claim is not fraud. Unfortunately, this type of scrutiny often leaves the homeowners on the short end, with their claims denied. Home insurance lawyers are familiar with the laws and regulations surrounding insurance and claims. If your claim is denied, your next best move is to call for help.

Most home insurance lawyers work on a commission basis. This means that they do not get paid until you do. They understand that your current situation has already created financial strain. Hiring a lawyer should not add more stress to your current situation. If you can get the help you need to fight a claim that should be paid. To get the money needed to repair your home and life without the out-of-pocket expenses, make the call. Home insurance lawyers are there to fight for you. They are the middle liaison that understands your situation while having the legal knowledge to work in your favor. You paid for your insurance to be there for you. A home insurance lawyer will take the time needed to make sure that this is exactly what happens.

Abir Cohen Treyzon Salo, LLP has team of experienced attorneys in Los Angeles, San Francisco, San Diego and Irvine, CA offering legal services for personal injury, insurance bad faith, property damage, construction defects,, home insurance, civil rights, and business litigation. To know more, visit actslaw/about-us.

Uncategorized Editor Tue, 11 Sep 2018 10:40:37 -0400
DUI Lawyer - What They Do

DUI stands for Driving Under the Influence but in some states it is called DWI, Driving While Intoxicated. There are strict laws in all of fifty states for those that are caught doing driving when they are intoxicated. If you are stopped for suspicious behavior the law enforcement officer can do a field sobriety test if the drive has slurred speech, has a strong odor of alcohol on them or general incoherence. They can also ask permission to do a BAC, which stands for Blood Alcohol Content test if the driver does not demonstrate good motor skills or judgment during the field tests. The BAC test will show the percentage of alcohol that is in their bloodstream and if it is over the legal limit, which in many states is 0.10% BAC, the driver can be arrested for DWI.

If a person is caught DUI it can have severe consequences. This is why many hire a DWI lawyer to help them get the minimum required sentence. The DUI lawyer is the type of lawyer that will handle all aspects of the case from the beginning to the end. When you hire them they will set up a consultation so they can explain all the possible scenarios that you could face if convicted of this crime. It could result in a revoked or suspended driving license, jail time, fines, fees, or a combination of any of these. An experienced DUI lawyer will generally challenge the arrest and try to convince the Court to lower the charges. They may even attempt to have the sentence against the defendant, one charged with the DUI, reduced. The DUI lawyer will also dispute whether the law enforcement officer was within their constitutional rights to stop the car. The lawyer may also in court question whether the test done was accurate or not.

They will also clarify any legal issues and make sure that you understand what is happening now and what could happen in the months following. For example, the lawyer can give you the details on what type of sentence is expected for someone who is convicted of DUI for the first time versus one who has been convicted before. With a DUI there are generally several hearings in Court, starting with the hearing with the Department of Motor Vehicles, ending with the State or County Court. At each hearing the DUI lawyer will be there to advocate for the defendant.

When you are charged with a DUI take the time to research lawyers that specialize in this field. When choosing a DUI lawyer choose one that has a good track record with a lot of wins in court. You also should consider the fees they charge, per hour or a flat fee.

This article is penned by Lora Davis for Miley Law Firm. Miley Law Firm's Las Vegas lawyers are sensitive to clients' needs. While listening to each client's individual concerns regarding criminal, divorce or personal injury cases, we are dedicated to providing a seasoned, experienced team that will help in getting your desired results. If you are looking for DUI defense lawyers in Las Vegas or need the services of a Las Vegas DUI lawyer then call (702) 942-0600.

Uncategorized Editor Fri, 17 Aug 2018 10:39:53 -0400
The Top Business Lawyers Mean Business

The law also protects consumers from business monopolies, malpractices, price fixing, and other issues.

As a business owner, you need to know about the laws regarding your business type, whether it is a small venture, a franchise, a partnership, or a corporation. There exist several legal considerations. The choices you make while setting up a business influence your business management, operations, finances, taxes, profits, and liabilities in the long run.

The importance of hiring business lawyers

Business lawyers know business laws inside out. They can help you right from the day you have a "blueprint" of your business plan to the day your business roars in the market... and even afterwards.

They can assist you in:

· Buying and selling ventures

· Mergers & acquisitions

· Starting LLC, corporation, and others

· Creating shareholder agreements

· Preparing business contracts

· Creating business plans

· Mediating disputes between you and consumers or business contract breaches

· Preparing and evaluating financial documents

· Collecting debts

· Issuance of stock

· Filing for bankruptcy

A clear idea of business law

A competent business attorney helps you give a picture of business law which would be clear as a crystal. He or she will explain the tax implications, business responsibility, and benefits of each kind of entity. This aids you in setting up an entity that benefits you, your employees, shareholders, and consumers.

Business lawyers harbor meaningful connections with important sources in the business community. Their objective is to promote a healthy business community that features continuous growth.

Of course, you can set up a business on your own, but you still need a lawyer. Only lawyers can give you legal advice. They are authorized and capable of doing so.

A partially-trained lawyer or a layman who claims to know the law may give you poor advice. They are not as acclimatized with legal situations as competent lawyers are. Qualified business lawyers are recognized by the Court of Appeals, which is the highest court of the state. They abide by a code of conduct and display sheer professionalism when handling cases. They are always updated about the changes in laws.

A reputable business lawyer has the legal expertise to interpret law for their clients and represent their interests in the courtroom and outside. You can benefit a lot from hiring such a lawyer. In other words, he or she can make things easier for you in the legal world.

Thanks to reputable law firms going online, it is easy to contact the best lawyer in town. You can schedule an initial consultation with him or her. You can discuss with them about your dream venture. It is time to put your idea on legal papers and out in the market.

The Law Office of Rowena N. Nelson is one of the leading business lawyers in Maryland. They have a great record in helping companies establish their business smoothly and in areas such as notary service, settling disputes and litigation, and drafting foolproof contracts and business operations agreements.

Uncategorized Editor Fri, 13 Jul 2018 10:39:15 -0400
Preparing For A Lie Detector Test - The Dos

The lie detector test is very common, especially where police investigations are involved. There are however very many other situations where the tests can be applied, including in job application, especially government jobs and during investigations at the place of work. Some couples also opt for the tests when they are uncertain about the aspects in their relationships and feel the only way to get closure is by putting their partners to the test.

The main goal during the test is to see whether the person on the hot seat is lying or telling the truth to questions posed to them. The polygraph tests feature sensors which are attached to different parts of the body so changes to breathing rate, pulse, blood pressure and even perspiration can be recorded. Significant changes to these could indicate that they are lying. At times, the polygraph is set to also record leg and arm movement.

Whereas you may have nothing to worry about during the test, especially if you are telling the truth, you may find yourself under pressure and stress when about to take the test. It could be that you are worried about being accused of lying even when telling the truth or the outcome is just stressing you up. You can beat the stress by preparing properly for the test and below are the simple but effective things you can do to make sure you are most relaxed before and during the test for the best outcome.

Do prepare information relating to the matter at hand

You may not know what questions will be asked during the test, but you definitely know what it is about. Therefore, ensure that all information regarding the matter is at your fingertips. It helps avoid situations where you struggle with remembering the details, thus increasing the chances of the polygraph recording changes. By all means avoid asking others about the examinations they have probably taken on the same matter, because you may end up expecting similar questions only for things to change. Just get all info in order and await your test.

Do get enough sleep prior to your test

Nothing will work better during the test than a fresh mind. Try not to worry too much about the test and instead find ways to sleep better and rejuvenate so you are fresh by the time the test starts. When you are well-rested, then keeping calm before and during the test will be pretty easy for you. Ensure also that you get there on time; it gets you some time to compose yourself and be ready for the test.

Do listen to questions carefully and answer calmly

The interrogation nature of lie detector test can leave you nervous and when you are then chances of answering the questions wrong are high. You therefore should listen to all questions carefully before answering. Do not be in a rush to answer the question until you are completely sure of what is being asked. When giving your answer remain calm and clear; do not mumble over your words.

lie detector test can be used in so many areas to reveal the much needed truth. Professional examiners do not overwhelm examinees and instead help them go through the test in the best way possible for the sake of the truth.

Uncategorized Editor Fri, 08 Jun 2018 10:38:32 -0400
Steps of Inheritance Probate

We all have to go, sooner or later. And many of us choose to leave more than memories to the loved ones. This is why making a will and specifying the inheritors has become of utmost importance. If you care about your spouse and children, make sure that their future is secured long after you are gone. Before receiving any money and access to estate, the beneficiaries will have to wait for the probate process to finish and the inheritance distributed. There are several steps for any typical probate.

The first thing to do is to make an inventory of the decedent's assets and documents. Locate and carefully place Last Will and Testament, funeral instructions, and/or a Revocable Living Trust. Furthermore, you must find documents relevant to the decedent's financial situation (bank and brokerage statements, stock and bond certificates, life insurance policies, corporate records, car and boat titles).

Also, check if there are any debts to be paid before accessing the assets. Verify utility bills, credit card bills, mortgages, personal loans, medical bills and the funeral bill. The Personal Representative will have to decide which debts are legitimate and must be paid.

Next, get appointed as Personal Representative of the probate estate or accept appointment as Successor Trustee. It is important to determine who will handle the assets during the probate process. If probate is needed then a Personal Representative will need to be appointed by the probate court. Determining the executor is a delicate matter and the choice must be done keeping in mind numerous factors, including the deceased wishes and the representative's eligibility.

After naming the executor (or personal representative), the hard part begins.

The whole fortune must be evaluated. Again, this is a very sensitive and complicated process, since it involves calculating the value of the assets at the date of death. As you can imagine, this has a deep impact when calculating money in foreign currency or oversea properties. Also, now it is determined if the estate or trust will be subject to state estate taxes, state inheritance taxes, and/or federal estate taxes. Then, the executor will need to pay the decedent's final bills and the expenses of administering the estate or trust.

Furthermore, the executor will also file all applicable estate tax returns and/or inheritance tax returns, the decedent's final income tax return(s) and initial and final estate or trust income tax returns. And it must do that as fast as possible, in order to avoid penalties.

And the final step is to distribute the money and assets to beneficiaries. After all debts and takes are paid, of course.

If the inheritance probate takes too long, you should look for loan advance options. Contact us!

Uncategorized Editor Tue, 01 May 2018 10:36:22 -0400
How to Ensure Your Winding Up Petition Is Not Dismissed or Withdrawn

Some time ago, we presented a winding up petition to a company that owed one of our clients £50k. Upon receipt, the respondent company threatened to apply for a court injunction to restrain us from proceeding and dismiss the petition on the grounds the debt was disputed.

The respondent company falsely alleged that £49k of the debt was disputed, but in accordance with section 123 of the Insolvency Act 1986, the petition remained in force as the undisputed sum (£1k) was more than £750.

Additionally, they claimed that if successful with the injunction, they would seek another court order forcing our client to pay their legal costs. In this case, the respondent company was unable to provide any evidence of a dispute and eventually paid the debt, and our costs.

However, all too often, the threat of having to pay the other party's costs forces petitioning creditors to withdraw their petitions, even though the respondent company's complaints are not genuine.

When issuing winding-up petitions, you tend to find respondent companies are quick to make an application to restrain and dismiss the petition because the only way they can get out of the situation is to demonstrate to the court that there is a dispute.

Once this has been established, a petitioning creditor must withdraw their petition because it is an abuse of the insolvency process to continue while a dispute between the two parties exists.

Even if the creditor finds out about the dispute after a petition has been issued, they must withdraw the petition immediately as respondent companies do not have to prove the dispute has any real merit, only that a genuine dispute exists.

And that's why in these circumstances, you must be absolutely certain the debt is undisputed because intentionally issuing a winding-up petition for a disputed debt is an abuse of process, and the court will dismiss that petition, and order costs on a full indemnity basis against you.

Challenging your debtor's application to dismiss your winding up petition

If you are absolutely certain the outstanding debt is undisputed, indulge in some brinkmanship and call the respondent company's bluff. Tell them: "Fine, go ahead with your application to restrain and dismiss. We'll see you in court."

Once you're successful in challenging their application, two things happen:

You are free to advertise the petition and the respondent company's bank accounts will be automatically frozen.

The court will order the respondent to pay your costs in defending the application.

Upon receipt of a winding-up petition, around 20% of the time, respondent companies, especially if they have nothing to lose, will say: "We can't pay the debt. Let's get an injunction, and if we fail and are ordered to pay the petitioning creditor's costs, we'll just wind up the company."

However, in the vast majority of cases, to avoid the petition being advertised and having their bank accounts frozen, the respondent company will capitulate and swiftly pay the debt.

At Insolvency & Law we specialise in providing insolvency services to all UK businesses and individuals. Our comprehensive services are varied but include defending and presenting Winding Up Petitions for debtors and creditors. We also advise our clients in defending statutory demands.

To view a fully service offering please visit

Uncategorized Editor Thu, 12 Apr 2018 10:35:17 -0400
5 Easy Steps To Obtain a Grant of Probate

When disposing of an estate, you will sometimes need to obtain a document called a Grant of Probate, or, depending on the situation Letters of Administration. If needed, this document is an official statement to asset and debt holders, informing them that you are the executor in charge of distributing the assets and paying off the debts. It allows them to communicate with you, safe in the knowledge that they are resolving the estate with the designated representative.

You will need to apply for, and obtain a Grant if the value of the deceased's estate exceeds £5,000.00 or if there is property, such as a house, to dispose of. Banks, building societies and other asset holders can, at their discretion, ask to see a Grant regardless of the value of the asset they hold.

That being said, you are unlikely to need a grant if the estate is passing to a surviving spouse, or if the assets are held in joint names and are passing to the joint owner.

Once you have established whether or not you need to obtain a Grant, you will need to follow the below steps to successfully obtain the Grant.

Step One

Your first step will be to work out the value of the estate. In the simplest terms, you will do this by adding together the estate's assets and subtracting the estate's debts.

The asset holders will inform you of the value of each of the assets at the time of death. You need to enter these figures into the Inheritance Tax form, and this will calculate the value of the estate.

You must do this even if the Estate is below the Inheritance Tax Threshold.

Step Two

Complete an Inheritance Tax form either IHT205 or IHT400.

To know which form you need to fill out you need to understand the differences between the forms. Form IHT205 is the form that you need to fill out if there is no inheritance tax to be paid, either because the estate is too low in value or because the estate is an exempted estate.

The IHT400 is the form that is filled out when there is inheritance tax to be paid. However, there will be some situations where there is no inheritance tax to be paid, and the IHT400 will still be the form you need to fill out so you need to be careful and assess the estate in detail. if you are unsure then start filling in IHT205 and it will guide you to form IHT400 if it is needed.

If you think that there is no inheritance tax due on the estate then you should start filling out IHT205, you may soon find however that you will need to change to form IHT400.

Step Three

Complete a probatePA1 application form.

To complete this form, you will need to know the basic details of the person who has died, e.g.: their first name & surname, date of birth, date of death, and marital status. You will also need to know some more specific information e.g.: did the deceased own any assets under another name, was the deceased adopted.

You will have to fill in questions about the Will if one exists. As well as any information on any foreign held assets e.g.: did the deceased own a holiday home abroad.

Section five of this form discusses the relatives of the deceased. Section six is a section where you provide your details.

Section seven is where you provide details of any inheritance tax owed by the estate. You can get these figures from the inheritance tax forms completed at Step Two.

Section eight applies to those who are applying on behalf of someone who has been nominated as an executor but has lost capacity. You will need to provide details of the person you are applying on behalf of.

Section nine is a helpful checklist that allows you to make sure that you have completed all of the forms and enclosed all of the necessary documents. Following this checklist means that your application is far more likely to be accepted.

Step Four

Swear an oath. You can obtain an oath from the probate registry or draft one yourself, although if you choose this, then you need to be careful as an oath will only be valid in certain formats.

Swearing the oath will not take long, you will need to swear it in front of a solicitor or a local probate office, and this will cost approximately £5.00.

Step Five

Send your application to the probate registry.

You should include:

  • The probate application form PA1,
  • The Inheritance Tax form, an official copy of the death certificate,
  • The Oath,
  • The original will and three copies - and any codicils,
  • The application fee of £215 - a cheque made payable to HM Courts and Tribunals Service (there's no fee if the estate is under £5,000.00).
You can pay for extra copies of the grant (50p each) - this means you can send them to different organisations at the same time.

Once you have received the Grant of Probate, you can continue with gathering in the assets and paying the deceased's debts.

You should now have a basic understanding of hen you might need a Grant of Probate as well as what steps to follow to obtain a Grant.

Need more information? Check out the link below!

Uncategorized Editor Sun, 11 Mar 2018 10:34:17 -0400