LawyerForYou: Blog LawyerForYou: Blog https://www.lawyerforyou.org/blog/ Copyright by LawyerForYou en LawyerForYou Tue, 11 Dec 2018 09:34:40 -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.

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Uncategorized https://www.lawyerforyou.org/blog/so-you-want-to-write-your-own-will/ https://www.lawyerforyou.org/blog/so-you-want-to-write-your-own-will/ 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.

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Uncategorized https://www.lawyerforyou.org/blog/are-pre-paid-legal-services-a-good-idea/ https://www.lawyerforyou.org/blog/are-pre-paid-legal-services-a-good-idea/ 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 https://www.montgomeryfirm.com/ or call 1-833-720-6090 toll-free!

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Uncategorized https://www.lawyerforyou.org/blog/does-my-dog-have-rights-why-do-courts-value-pets-as-property/ https://www.lawyerforyou.org/blog/does-my-dog-have-rights-why-do-courts-value-pets-as-property/ 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!

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Uncategorized https://www.lawyerforyou.org/blog/5-things-to-consider-while-building-a-remote-legal-team/ https://www.lawyerforyou.org/blog/5-things-to-consider-while-building-a-remote-legal-team/ 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.

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Uncategorized https://www.lawyerforyou.org/blog/how-home-insurance-lawyers-can-help-resolve-your-case/ https://www.lawyerforyou.org/blog/how-home-insurance-lawyers-can-help-resolve-your-case/ 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.

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Uncategorized https://www.lawyerforyou.org/blog/dui-lawyer-what-they-do/ https://www.lawyerforyou.org/blog/dui-lawyer-what-they-do/ 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.

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Uncategorized https://www.lawyerforyou.org/blog/the-top-business-lawyers-mean-business/ https://www.lawyerforyou.org/blog/the-top-business-lawyers-mean-business/ 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.

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Uncategorized https://www.lawyerforyou.org/blog/preparing-for-a-lie-detector-test-the-dos/ https://www.lawyerforyou.org/blog/preparing-for-a-lie-detector-test-the-dos/ 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!

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Uncategorized https://www.lawyerforyou.org/blog/steps-of-inheritance-probate/ https://www.lawyerforyou.org/blog/steps-of-inheritance-probate/ 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 https://insolvencyandlaw.co.uk

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Uncategorized https://www.lawyerforyou.org/blog/how-to-ensure-your-winding-up-petition-is-not-dismissed-or-withdrawn/ https://www.lawyerforyou.org/blog/how-to-ensure-your-winding-up-petition-is-not-dismissed-or-withdrawn/ 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!

http://www.lawcat.uk

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Uncategorized https://www.lawyerforyou.org/blog/5-easy-steps-to-obtain-a-grant-of-probate/ https://www.lawyerforyou.org/blog/5-easy-steps-to-obtain-a-grant-of-probate/ Editor Sun, 11 Mar 2018 10:34:17 -0400
What You Need to Know About Law Enforcement Investigator

When a crime is committed, it is essential to uncover all the evidence associated with it in order to find the culprit. It is the law enforcement authorities who make the arrest. But they require a complete analysis of the motive behind the crime, methods involved in committing the crime, prime suspects, etc. This can be done either in-house or professional private investigators can be hired. He is known as a law enforcement investigator.

Duties of a law enforcement investigator:

Interviewing potential suspects:

In order to find out who the actual culprit is, the investigator will need to interview various individuals associated with the crime. He will also need to verify the location of the prime suspects at the time the crime was committed.

Interviewing witnesses:

Investigations also include checking out if any witnesses can provide information that will help reveal the identity of the culprit.

Examining records:

The investigator will need to examine database and records to carry out background checks of people associated with the case.

Providing updates:

Regular updates will need to be provided to the police department regarding the progress of the case.

Maintaining records:

Records of the investigations will need to be maintained so that they can be produced as and when required.

Testifying in the court:

The investigator may be required to testify for the case in the court of law.

Let us see how private investigators help law enforcement authorities:

Gathering evidence:

An investigator collects sufficient evidence using ethical means. This is used by the authorities to press charges and make the arrest. This evidence may need to be presented in the court of law as well.

Manpower support:

Many a time the police authorities have too many cases to handle. In such cases, they hand over the responsibility of investigating certain cases to private investigators. They collect evidence, interrogate witnesses, etc. so that the authorities have time to pursue more important cases.

Different Approach:

Since a private investigator works with an approach that is different from that of the authorities, the case can be viewed from a different perspective. Moreover, they may be more experienced in certain types of cases than the authorities.

Interviewing witnesses and locating people:

Many people are not comfortable in talking to authorities. In such cases, the services of a private investigator are very useful. This is because they can locate and interview witnesses. They can easily serve warrants, subpoenas, etc.

In conclusion

Contrary to the popular belief that detectives and police authorities do not solve cases together, we see that a law enforcement investigator helps police solve complex cases.

Young's Investigative Agency has a team of private investigators who work as proficient law enforcement investigators. To know more visit here

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Uncategorized https://www.lawyerforyou.org/blog/what-you-need-to-know-about-law-enforcement-investigator/ https://www.lawyerforyou.org/blog/what-you-need-to-know-about-law-enforcement-investigator/ Editor Fri, 09 Feb 2018 10:31:54 -0500
A Brief Summary of Contract Law: Key Terms, Common Defenses and General Recommendations

Many individuals and companies enter into contracts without fully understanding the terms. Often, neither party has clarity on what the contract requires in terms of performance standards, remedies for breach and whether unwritten terms can supplement the written contract.

This post is intended to provide a quick guide to some key terms and issues that are relevant in the area of contract law.

What is a contract and how is it formed?

In general, a contract may be defined as a bargained for exchange. The typical contract formation process involves an offer, acceptance, mutual assent and consideration for a promise to do or not do a particular thing that may be done or omitted. In general, an acceptance needs to unambiguously accept the terms and conditions of an offer in order for a contract to arise. Mutual assent is often called a "meeting of the minds". If the parties did not agree to the same essential concepts of a deal, then there was no mutual assent because no meeting of the minds occurred.

What counts as consideration for a contract?

Consideration consists of a party acquiring either: (a) some right, interest, profit or benefit; and/or, (b) some forbearance, detriment, loss or responsibility. Consideration is a necessary element of a valid contract partly because its absence can help reveal that one party's promise to do something was actually gratuitously given. If a court finds that one party's contractual promises were gratuitously given, then the contract is generally invalid and cannot be enforced in accordance with its terms.

What if someone orally promised something that is not written into the contract?

In such a case, one question is whether the oral promise preceded the written contract. If the oral promise preceded the written contract and the written contract was intended to be the final expression of the agreement, then the parole evidence rule generally prohibits introducing evidence of oral communications that would contradict or supplement the written agreement terms. Therefore, it is very possible that testimony regarding oral promises will be inadmissible in the case of litigation relating to a written contract. However, various exceptions and nuances exist that allow attorneys to craft a strategy to best advance a client's interests depending on the nature of the dispute.

Another question is whether the statute of frauds applies. The statute of frauds generally prohibits enforcing the following types of agreements if they are not evidenced by a writing that is signed by the party against whom it would be enforced: Agreements for the sale of interests in real property, agreements that by their terms cannot be performed within a year, agreements to pay another's debt and other types of agreements as may be listed under state law. For example, ORS 41.580 codifies the statute of frauds under Oregon law. Again, an attorney can help navigate the various nuances and exceptions that exist with respect to the statute of frauds.

What are covenants, conditions, representations and warranties?

These terms often get mixed up, but the general definitions are as follows: A covenant is a promise of action or inaction that applies with respect to future events. A condition is a future and uncertain event whose occurrence or nonoccurrence can destroy, create or modify the right and obligations of one or more parties to the contract. A representation is a purported statement of fact relating to the past or present. A warranty is a statement or promise regarding some present or future quality of goods or services. The nature of a contractual clause heavily impacts how that clause is interpreted and applied. Therefore, it can be crucial to identify whether a specific contractual clause is a covenant, condition, representation, warranty or some combination thereof.

What is a choice of law provision?

A "choice of law" or "governing law" provision of a contract states the parties' intent for which jurisdiction's substantive law will govern in the event of a dispute. For example, this type of choice of law provision indicates that in the event of a dispute, the parties want the court or arbitrator to apply Oregon substantive law to determine the parties' rights and obligations: "This agreement is governed by the laws of the State of Oregon, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this agreement."

As you can see from the sample language quoted above, the conflict of law principles of state laws also need to be considered. This is so because the failure to address such principles in the contract could mean that one state's substantive law (e.g., Oregon) ends up directing the court or arbitrator to apply another state's law (e.g., Delaware) to ultimately decide the dispute. For example, under ORS 81.135 a contract that merely indicated that it is "governed by the laws of the State of Oregon" might end up being decided on the basis of Delaware law if the contract was one for personal services that were primarily rendered in Delaware.

What is a venue provision?

A venue provision of a contract states the parties' intent for where a dispute related to the contract should be litigated or arbitrated. The venue can be different from the choice of law. For example, the appropriate venue may be any state and federal courts located in Multnomah County, Oregon, but the governing law could come from the State of Washington. In such case, the Oregon court that will decide the dispute will generally apply Oregon procedural rules, but Washington substantive laws to adjudicate the dispute.

What are some common defenses to enforcing a contract?

Contractual defenses are often split into two categories: Defenses to contract formation and defenses to contract enforcement. For example, if a valid contract never arose because the offer and acceptance were unclear and no meeting of the minds occurred, then there is no valid contract to enforce. Other examples of defenses to formation include fraud in the execution of a contract, misrepresentation, concealment, mistake, duress, undue influence and unconscionability. All of these terms require a showing of specific legal and factual elements that your attorney can help you analyze.

If a valid contract arose but defenses to enforcement exist, then a court or arbitrator might conclude that the contract cannot be enforced as written. Some examples of defenses to contract enforcement are prior material breach and termination of the contract, impossibility, frustration of purpose, a nonoccurrence of a condition and unenforceability on grounds of public policy. For example, if one party's obligations under a contract are conditioned upon the happening of an earthquake but no earthquake occurs, then the corresponding obligations should not be enforced. Once again, any of these types of defenses require specific factual and legal analysis before they can be successfully asserted and used.

If a contract is invalid or unenforceable, does that mean that no legal remedy exists for a dispute?

Not necessarily. If there is no valid or enforceable contract, then the area of law concerned with "quasi contracts" or "implied contracts" might still provide a legal remedy for an aggrieved party. Terms such as promissory estoppel, unjust enrichment and quantum meruit are the frequently used legal principles that might allow recovery in this area of the law. In general, an aggrieved party can obtain restitution on quasi-contractual grounds if a benefit has been conferred, the recipient of the benefit is aware that the benefit was received and under the circumstances it would be unjust to allow retention of the benefit without requiring the recipient to pay for it.

What should you do in a contract dispute?

For a high value contract, you would ideally work with an attorney to prevent many types of disputes that could have been anticipated by negotiating and carefully reviewing the contract before execution. If a dispute is brewing (for example, if you are asking yourself whether and how to get out of the contractual relationship), you should consult with an attorney as quickly as possible.

How a party communicates its dissatisfaction with a contractual relationship heavily affects where the chips will fall in the event that the dispute goes to litigation. An attorney can help you get the most out of your communication with another party by researching applicable statutes and case law to recommend your strongest path forward. The attorney might recommend negotiating with the other party for a settlement or the attorney might advise you that you have an immediate legal right to terminate the contract without liability for damages.

If you receive notice that the other party is dissatisfied with the contractual relationship or has already filed a lawsuit in court, then it is important to obtain qualified legal representation as well.

© 9/18/2017 Hunt & Associates, P.C. All rights reserved.

Michael Litvin is an Associate Attorney with the law firm Hunt & Associates, PC in Portland, Oregon. He is licensed in Oregon and maintains a general practice including: corporate and business law; mergers and acquisitions; litigation; employment law; executive compensation; intellectual property; tax; and, real estate.

For additional information, please check out the company's website: http://www.huntpc.com

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Uncategorized https://www.lawyerforyou.org/blog/a-brief-summary-of-contract-law-key-terms-common-defenses-and-general-recommendations/ https://www.lawyerforyou.org/blog/a-brief-summary-of-contract-law-key-terms-common-defenses-and-general-recommendations/ Editor Fri, 12 Jan 2018 10:30:05 -0500
The Major Keys of a Legal Service System

In whichever country we may reside we are bound by the laws of the place. Every country state has its own set of laws that the people, organizations and every alternate system have to abide by. The citizens have to limit their activities according to the demands of the state and country. In any country, the Supreme Court is the guardian of the legal system. All activities have to be brought to the notice of the Supreme Court and its subordinate judicial systems. Let us discuss the system briefly.

Supreme Court

As we already discussed, the Supreme Court is the highest system of any country. It is the father legal service provider. Even the head of the state or the country has to abide by its rules. The judge of this court has the final say in every matter.

• Suppose it is a criminal case where the offender has been found guilty and has been awarded capital punishment by the subordinate court. In that case, he may appeal to the Supreme Court. If the court finds him guilty he may be punished or he may be pardoned. If punished he cannot appeal any further.

• If there is a conflict between the centre and the state of any country the decision of the Supreme Court prevails.

• If a citizen feels that his/her fundamental rights have been obstructed by any person, group, or organization he/she may bring it to the notice of the highest court of the land.

Other Courts

There are several levels of the court. Some are local and some are higher than that. All of them work at the discretion of the Supreme Court.

Judges

The judges are a key factor to solve any cases that comes to the court. The judges have to be impartial in their views and have to listen to every case very carefully. After all the hearing they have to pass their judgment to the people impartially and what he feels would be best suited as per rule book of the place.

A Lawyer

The lawyer may be the least member of the court which one can relate to though he is the most important one. He acts as the connection between a person, an organization or a group and the court. He/she is the one who represents the case of a person, the organization or the group to the court. They are well accustomed to all rules and regulations and they help a person to get judgment.

In case you are in any problem that involves legal issues, approach a lawyer who would impart you proper legal advice and let you be in the right path.

To know more about Legal services for small and mid-sized businesses, please check our website.

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Uncategorized https://www.lawyerforyou.org/blog/the-major-keys-of-a-legal-service-system/ https://www.lawyerforyou.org/blog/the-major-keys-of-a-legal-service-system/ Editor Mon, 11 Dec 2017 10:16:11 -0500
What To Do When You Need Quick Inheritance Money

The departure of a loved one is always a great moment of sadness. Unfortunately, this unpleasant feeling will be aggravated by the immediate financial consequences. If the person who dies was the one earning the most money (or the only one earning money) for the family, the loss of income will be very dangerous for the remaining descendants. Luckily, most of us take this scenario into consideration and formulate wills. In this way, the valuables will be distributed to the loved ones. However, the process of distributing the valuables stipulated in the will can take a lot of time. This may be a big problem in the heirs need urgent money. Find out what to do when you need quick inheritance money.

The whole probate process can be exhaustively long. It is normal to feel frustrated, especially since you need the inheritance money to improve the economic situation of the family. This is why any rightful heir is recommended to apply for inheritance cash advance services.

The first thing to do is to check if you can assign the inheritance to a lender. In some states, the laws prohibit doing so. Furthermore, having territories and assets found in different states may complicate the problem. You should talk to a lawyer first and check if the transfer is possible. If everything goes well and you can assign the inheritance, you will need to find a reliable company willing to provide this type of service. Take your time and analyze all options.

Your eligibility for a cash advance will be determined by the value of your inheritance. Most lenders do not accept loan proposals if the inheritance's value is below a certain level. Usually, the value must be above $17.000, but the lender may raise up the standards. This is why it is important to document the inheritance value and present the papers to the cash advance company.

After that, it is time to negotiations and setting the best parameters for you. Discuss how much inheritance you will surrender to the company and how much money you will get. You will also need to take into consideration all the taxes that have to be paid.

Once you have finally decided upon the amounts of money received and the portion of inheritance assigned, you must call the person administrating the inheritance and announce about assigning it to the company. The procedures are pretty simple and straightforward and in the end, you will get the money you need.

Contact our inheritance funding company for more info about getting cash advance loans. Read more!

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Uncategorized https://www.lawyerforyou.org/blog/what-to-do-when-you-need-quick-inheritance-money/ https://www.lawyerforyou.org/blog/what-to-do-when-you-need-quick-inheritance-money/ Editor Sat, 11 Nov 2017 10:15:28 -0500
5 Tips to Keep Your Parking Lot Compliant With Fire Lane and ADA Striping When your parking lot needs to be compliant with the ADA (Americans with Disabilities Act) Standards of Accessible Design, there are a few things to keep in mind. To begin with, when you need to provide spaces for parking, you have an immediate obligation to remove any barriers to accessibility that may exist in your facility of parking. It is relatively inexpensive to do ADA striping and thus, quite achievable. Here are a few tips to ensure you get it right the first time.

Tip #1: Know Your Number

In each garage or parking lot, the minimum number of spaces accessible is based on the provided number of parking spaces. In every six spaces that are accessible, at least one needs to be accessible by van.

It is always a good idea to perform routine maintenance and repaint your parking lot every one to three years. Signage and striping is required and you need to meet the fire code and striping regulations of ADA.

Tip#1: Follow Your Own State's Parking Requirements

Restrictions of parking according to ADA requirements are mandated by the state. In other words, you will need to inquire about the ADA requirements that are specific to your own state. On the other hand, poorly marked No Parking Areas are a universal issue. Also, many drivers are aware and still decide to illegally park. State laws restrict parking areas for the purpose of public safety. After all, emergency personnel never wants to deal with limited access due to parking illegally.

Tip#3: Fire Lane Signs

If you own a building or a business, ADA requires that you display signs that indicate a fire lane in order to maintain a lane designated for first responders or fire trucks that they can use during a situation of emergency. These types of urgent situations can include fire extinguishing or even another type of emergency.

A fire lane that has a no parking sign indicates that all drivers and patrons of your business must not park in an area designated as a Fire Lane. In addition, in times when parking is not easy to come by, none of the cars ought to park blocking these fire lanes, as they must be kept free at all time. Often, these types of signage are also a requirement by your local government to ensure the protection and compliance of every public establishment.

Tip#4 Striping Your Spaces

When striping your parking spaces, you need to provide ADA-required parking space access. This means there must be a removal of every barrier that barricades access to existing parking lots. It is stipulated by ADA that parking spaces that lead to a specific building needs to be built in the shortest route accessible from the parking point until the entrance.

Tip#5 Size Matters

When striping your parking lot, size does matter. ADA has size specifications that you need to follow. For example, accessible parking spaces need to be a minimum of eight feet wide and should have an access aisle adjacent to this. When it comes to parking spaces for vans, an eight-foot adjacent aisle is required. If striping spaces for cars, there needs to be a five-foot wide access aisle adjacently placed to the parking space. Use the highest quality paint to assure the brightest lines possible.

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Uncategorized https://www.lawyerforyou.org/blog/5-tips-to-keep-your-parking-lot-compliant-with-fire-lane-and-ada-striping/ https://www.lawyerforyou.org/blog/5-tips-to-keep-your-parking-lot-compliant-with-fire-lane-and-ada-striping/ Editor Sun, 01 Oct 2017 10:13:13 -0400
How to Best Prepare for Attending Court

Attending Court can be stressful and intimidating, even for those who do so regularly. It can be even more so for those attending for the first time with very little idea of what to expect. Not knowing where to go, or how to act can only add to the stress of having to present yourself before a Judge.

It can be difficult to know how to behave and act to reduce the stress of attending court and present yourself in the best possible light to the Judge. This article will discuss some of the most practical advice to present yourself well at Court.

Firstly, attend Court before your Hearing date. The Court is a public building, and there is no reason for you not to visit it before your Hearing so that you can learn the layout and how the building operates. You may also be able to sit in on another Hearing if an appropriate one is available. Speak to the Court Ushers (Court Staff) and ask them about sitting in on a Hearing. If you explain to them why you want to do so, then they may be able to advise you what is available. This will give you the opportunity to familiarise yourself with what a Hearing is actually like.

Secondly, arrive early on the day of your Hearing. Do not aim to be on time for your Hearing aim to be early. This will allow for time to find the room your Hearing is being held in. You should also give yourself plenty of time as the Defendant may wish to speak to you regarding settlement before going in. It is not uncommon for cases to settle before going into a hearing. However, if the Defendant tries to settle your claim, you should keep in mind that they will be expecting you to be feeling stressed and nervous and some may try to use that to strong-arm you into accepting a lower offer. Keep your cool and don't settle for less than your claim is worth just because you're nervous about the Hearing.

Thirdly, dress appropriately. You should always dress smartly, as you would for a job interview. Remember appearances count for a lot, and while in a perfect world you would be judged on your case alone, in reality how you present yourself and your attitude in Court will have an impact on your case. Dressing smartly shows respect to the Court and the process you are engaged in. It demonstrates to the Judge that you are taking this matter seriously and that you deserve their time and attention. Dressing smartly can mean different things to different people so for the avoidance of doubt do not go to Court in your jeans, leggings, t-shirts or crop tops. Wear a suit if you can, or if you do not have one and have no way of getting/borrowing one you should at wear a suit jacket at a minimum.

Fourthly, address the judge accordingly. If you are before a District Judge, they should be addressed as "Sir" or "Madam" as the case may be. If you are before a Recorder or a Circuit Judge you should address them as "Your Honour." In the unlikely event that you find yourself before a High Court Judge, they should be addressed as "My Lord" or "My Lady" as the case may be. However, that being said do not panic if you forget the correct way to address a Judge, provided that you are polite and respectful, the Judge will not take offense.

Fifthly, speak appropriately. As above it is important to be polite during the process of speaking to the Judge and your opponent. This will be a highly emotional experience, but you must try to keep your cool. Try not to lose your temper or become overly emotional, take a moment to breathe if you need to the Judge will be understanding that this is not an easy ordeal. Water will be available, if you need to take a moment have a drink and try to relax as much as possible. During the Hearing, only one person should speak at any one time if you interrupt the Defendant or the Defendant interrupts you the Judge will act to keep order. You should not interrupt the Judge if you need to bring something to the Judge's attention while they are speaking then wait for them to finish before speaking.

Lastly, be honest, if you cannot answer any question from the Judge or Defendant, then you should say so. If possible make an effort to find out the answer during a break in the Hearing. However, not knowing the answer to a question is unlikely, this is your claim, and no one should know it better than you. The questions asked will be important and effect the Judge's decision so answer them with as much information as you can.

In conclusion, you should now have an understanding of some of the steps you can take to best present yourself at Court and reduce the stress you may be under by attending Court.

Bringing a claim yourself? Check out the below link and get your own toolkit!

http://www.lawcat.uk

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Uncategorized https://www.lawyerforyou.org/blog/how-to-best-prepare-for-attending-court/ https://www.lawyerforyou.org/blog/how-to-best-prepare-for-attending-court/ Editor Fri, 01 Sep 2017 10:12:18 -0400
International Environmental Law and Policy of Sustainable Development It is evident that States and International organizations are the primary sources of international law. However, international environmental law is the impact of efforts from non-government organizations and state authorities. There have been positive efforts made on law and policy making in the field of international environmental law in nations such as United States, Germany, Japan, Russia, South Africa, Brazil, China, India and Indonesia. In most cases, environmental protection has been witnessed in those nations in which there is a guaranteed constitutional right to a pollution free healthy environment. For instance, the law in Costa Rica, Latin America, Constitution of Chile, Hungary, South Africa etc., provides for a 'right to pollution free environment'. Several European member-states have amended their constitutions after the fall of communism and have included right to environment as a justifiable right in the constitution.

In federal states, local governments legislate on environmental issues within their own jurisdiction. The law and policies initiated by different nations and their local regions have influenced each other towards evolving a state practice of transnational environmental regulations. In this respect the state and national level administrative and bureaucratic agencies have played a vital role to create environmental activism.

Additionally, on a global level the organs of United Nations have served as key actors in the process of environment protection law making. For instance, the role played by the Food and Agriculture Organization (FAO), the World Health Organization (WHO), the International Maritime Organization (IMO), the World Bank and the International Monetary Fund cannot be overlooked since they have helped initiate action among states and pre-existing international organizations including the United Nations Environmental Programme (UNEP), the United Nations Development Programme (UNDP), and the Commission on Sustainable Development (CSD).

Nevertheless, at every level, local, national, international there have been several disagreements with regard to decision making concerning environmental issues. In particular, at a global level although there is a comprehensive institutional framework, there is complete absence of unanimity with respect to environmental decisions. It is therefore a challenge to create an order of international environmental governance with sustainable development as priority concern.

It was not until the late 1980s that sustainable development started to be included on a frequent basis in international texts, first primarily in political documents and then in binding treaty texts. One of the first treaties to use the term, and notably outside the environmental context, was the 1990 Agreement establishing the European Bank for Reconstruction and Development. Despite the continued political disagreement, the concept of sustainable development has now been included within a significant number of binding and non-binding texts both at the regional and global level. However, in 2012 the international community noticed at the World Summit on Sustainable Development that the progress was most unsatisfactory.

Humanity stands at a defining moment in history, and we need to realize that integration of environment, development concerns and greater attention to them will lead to the fulfillment of basic needs and improved living standards for all; a surety for an eco-friendly prosperous future. No nation can achieve this dependently, but together we can in a global partnership for sustainable development.

Hence development and conservation of the environment should go hand in hand. Governments of all nations (under-developed, developing, and developed) should adopt a development policy that assures pollution control. In this sense international environmental law faces its greatest challenges to meet developmental and environmental needs of present and future generations.

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Uncategorized https://www.lawyerforyou.org/blog/international-environmental-law-and-policy-of-sustainable-development/ https://www.lawyerforyou.org/blog/international-environmental-law-and-policy-of-sustainable-development/ Editor Wed, 16 Aug 2017 10:11:33 -0400
How Lawyers Can Mindfully Cope With Changes Coming To The Legal Profession

The legal profession is facing an avalanche of change in the way it conducts its business. We think we are used to change because that is the nature of law. We live in the changing world of courts, business, technology and legislation. Now we are also experiencing a world where books are being replaced by eBooks, where DVDs are being replaced by live streaming, hotels by renting rooms in people's homes, taxis by Uber and bank loans by peer to peer lending.

What Is Changing For Lawyers?

The following five trends are impacting the legal profession:

 

    1. Outsourcing: This trend has already impacted other professions such as accounting and is now impacting the legal profession. Some paralegal and litigation support tasks such as coding and document review are being outsourced saving you time, money and the need to have some skills.

    1. Artificial Intelligence: Legal research has been done online for some time and already reduces the amount of time it used to take to research. But the quality of what is available to us in terms of legal research is about to change exponentially with the advent of artificial intelligence. Legal software will only become cleverer at predicting rulings, conducting research and recommending courses of action. Although it will make our roles much more efficient, it will also come with a whole new set of challenges in the way we invoice clients and how we ensure the advice we are giving is correct and up to date. We will still need to know whether something has changed in the last few days which won't have been incorporated in the predictive software at the time we are giving advice.

    1. Social Media: It has now become part of how we market our legal services, how we recruit, how we conduct research into the people we are recruiting and how we gather evidence to support our client's position. It will only become more so in the future.

    1. A Multi-Generational Workforce: For the first time in history we now have four generations working side by side in the legal workspace. We have traditionalists, baby boomers, generation X and generation Y working together. People are now working longer and it means in some places there is a generation gap of over 50 years between the youngest and the oldest employees. This requires levels of tolerance, understanding and communication we might not be used to.

  1. Alternative Billing Models: The traditional billable hours model was not popular with our clients and was seen as rewarding inefficiency. As intelligent software becomes more commonplace, it will bring about further changes to the traditional billable hours model. The value of our advice will no longer bear much relationship to how long it took us to provide it.
Global research by Deloitte has found other issues from a worldwide survey of legal clients. Nearly half of all legal service providers interviewed indicated that regulatory compliance, mediation and arbitration and litigation were growing areas in their businesses. However, the same researchers also found that loyalty to a law firm was no guaranteed. More than half (55%) of those interviewed said they had recently reviewed their arrangement with their legal supplier or would be doing so within 12 months.

 

Deloitte also found that what people wanted from their law firm was now changing. Instead of pure legal advice, clients also wanted their lawyers to have more industry, commercial or non-legal expertise. They thought it would be helpful if they had digital, data, privacy & cyber security skills and if they were more proactive with their knowledge sharing. This may eventually result in law firms having partnering arrangements with other professions so that client needs can be more fully serviced.

Interesting Changes That Have Already Happened

What changes have I already seen professionals undertake? Here are some:

 

  • A not for profit family law firm where profits are either donated to a suitable charity or put back into to the organisation or staff, rather than being paid out to partners as profits.
  • The use of emoticons in correspondence by one law firm because putting a happy face at the end of an email makes sure the other party knows you aren't looking to escalate a dispute.
  • The formation of strong networks with other professionals who might refer work to you or vice versa. These networks might contain anyone from accountants, bankers, financial planners, insurance and stock brokers to health professionals. You can form these networks on an informal basis, or with regular monthly meetings where you all invite your clients to come along to a meet and greet.
  • One firm has a 'digital festival' every six months to keep clients up to date on relevant technology and any relevant legal issues or risks associated with using or not using it.
  • Apps which help people track what stage their file is at (eg text alert when search sent off to a government department or when lease sent to tenant), when their next meeting is, the government bodies they will need to contact for different issues etc.
  • Strategic positioning of law offices into non-traditional physical locations such as health or innovation hubs.
How Do We Mindfully Cope With This Amount Of Change

 

Lawyers are traditionally conservative. We have a way we are using to being perceived, a way we dress and speak, a way we expect our office furniture to look and a standard approach to how business is done... pretty much, the way it always has been. Now we are being asked to shake things up and make changes to the way we do business if we are to stay relevant.

Change can be a good thing. If you are old enough to remember black and white TV, cassette tapes you had to wind with a pencil when they broke, floppy disks or fax machines you will know what I am talking about. Have you ever sold your house? Did you engage in a frenzy of cleaning, throwing out, moving furniture to new places and repairing things you had put up with for years. After it was all done, did you stand back and look at this sparkling house and wonder why you ever thought selling and moving was a good idea? Your legal practice could probably benefit from a similar clean out, repair and shake up. Instead of seeing these changes as a disruption, how about if you saw them as an opportunity to upgrade?

Our very human reaction to change is to see it as a bad or threatening thing. After all, that is what kept us safe when we were evolving. Every change in our environment was a potential threat to our existence. Mindfulness asks you to see change, just as change. It is neither good nor bad, it is merely change.

Mindfulness also asks that you acknowledge change is required and accept what that will mean. Acceptance means not railing against the need for change, but rather accepting it and working out step by step what can be done about it.

Starting with small changes will make it easier. Pick something relatively easy, like building your referral network by one person a month and start there. Every step you take will count. After you have made a couple of smaller steps, you could tackle something bigger such as social media for your business if you haven't already done so.v

The changes coming our way are neither good, nor bad, they are merely an opportunity for us to do business better.

Petris Lapis, Director, Author and Presenter of Petris Lapis Pty Ltd providing seminars and resources tackling the tough stuff and helping people succeed in careers and life. Helping people succeed one thought at a time. Visit now to find out more http://www.PetrisLapis.com

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Uncategorized https://www.lawyerforyou.org/blog/how-lawyers-can-mindfully-cope-with-changes-coming-to-the-legal-profession/ https://www.lawyerforyou.org/blog/how-lawyers-can-mindfully-cope-with-changes-coming-to-the-legal-profession/ Editor Mon, 17 Jul 2017 10:10:35 -0400
Why Is There No Law for Religious Malpractice?

If a doctor gives a person the wrong prescription or removes the wrong organ, or so forth, he would be up for malpractice and would lose his license. The same does not apply, however, to the priest who upholds the lies and myths of religious tenets and advises incorrectly. The fact that he claims to forgive sins and sends people on their way to do the same again should come under the heading of religious malpractice.

Governments are responsible for the laws of the state and they would not think to question the actions of the church in these matters. Following my reincarnation and with a strong link to the Spirit of the Universe, the only real God, my observations have led to some startling facts.

All religions are based on the old format of sun-worship and rituals associated with it. The action of priests today is such that they are called 'spokespeople' for the Almighty. In other words, the church they serve puts out the notion that no one can speak to God unless they are 'ordained' a minister.

This is false as the Spirit can and does speak to many. It does that through the voice inside that leads and guides. It may be called the sub-conscious mind or our conscience. It puts ideas into our heads that may lead to discoveries, inventions, career choices, and such. It tells us who to marry and when and provides the children that follow.

Sun worship has been around from the time ancestral humans emerged and took up the practice of their antecedents. What stood for a god at that time was the sun, which was recognised as the Mother God who gave life and took it away again. Because it could not speak to anyone elders were elected to interpret the signs it created.

Over time priests took on that role and nothing much has changed except the way it is done. The priest maintains that he can speak and act for God, only he does not even recognise the Spirit of the Universe as such. So for whom does he act?

There is only one answer to that. It is the Catholic Church that was established by Constantine in 325 AD. It preys on people for power and control. Claiming that it has the keys to non-existent heaven and can forgive sins so that its converts will go there is malpractice. No one can pardon what doesn't exist.

So what are governments that allow this to go on protecting? In the Western world it is their jobs because parliamentarians are in the hands of the people who, in turn, believe what their pastors tell them. If they are wrongly advised, then it is up to them to figure it out.

But what if the person who had the wrong prescription given by a doctor was told to go and figure it out wouldn't there be an outcry? What if a medical practitioner was allowed to continue to operate after removing the wrong organs from patients wouldn't there be some action taken? So why is it that priests are allowed to engage in their lies and malpractice and nothing is done?

Norma Holt exposes the secrets within the Vatican archives and verifies the work of Constantine, who is 666, and the facts that heaven and hell are weapons of power.

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Uncategorized https://www.lawyerforyou.org/blog/why-is-there-no-law-for-religious-malpractice/ https://www.lawyerforyou.org/blog/why-is-there-no-law-for-religious-malpractice/ Editor Fri, 09 Jun 2017 10:09:48 -0400