Compensation solicitor meet your expectations

title:Compensation Solicitor - Meet Your Expectations

author:Mumtaz Shah

source_url:http://www. essayabc. com/articles/legal/article_389.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Compensation solicitors have a well-earned reputation of being aloof. Their offices are like something out of the Victorian era. They're professionals who don't like outsiders telling them how to run their private little clubs, called "Firms". All in all, they may even have a horrible reputation. So, what should you expect when you first meet a personal injury solicitor?

The Offices

Unlike the Dickensian movies you may have seen, accident solicitors these days like to work out of offices that are spacious and open-plan. Like banks, they hope to give visitors the feeling of being friendly and comfortable. More often than not, you'll be met by a receptionist, but it is also likely that as soon as the solicitor knows you have arrived they will come and greet you and walk you through to their offices or a meeting room depending how packed their rooms are with files.

The Discussion

Having enter the room, it is likely that the first thing the compensation solicitor will ask you to do is to tell them all about what happened. It is at this time, the notes you wrote following the accident will come in handy as you can use these to tell the solicitor all about the accident.

If possible, you should also hand over any photographs you took at the scene of the accident and a copy of your medical report, if you have one. Don't be overly concerned if the accident solicitor doesn't say too much at this time and don't worry if you see them taking notes from time to time. They only do this to jog their memories of facts they may want to ask you more about later or use against the other party.

The Questions

Frequently your personal injury solicitor will hear your story before they ask you any questions. Once you have completed your story they will then ask some questions that they feel are central to whether or not you'll win your case. When answering these questions you need to be as honest as you can – after all, if you mislead the accident solicitor you are really only misleading yourself. Waste his time, and you are wasting your own.

Agreeing To Act For You

So long as your story and your answers to his questions give the solicitor grounds to believe you have a claim, he'll likely agree to act as your compensation solicitor. In that case you should expect the following things to happen:

• If you have not already had a medical examination by this point, the solicitor will then arrange for you to have one.

• The solicitor will arrange for you to sign an engagement letter authorising you to retain his/her services.

• The solicitor will likely ask you to sign a power of attorney authorising him/her to have access to certain information relating to the case; such as your medical records and the status of your insurance claim;

• In the engagement letter you sign, the solicitor will likely have a clause that says he can act as your represented solicitor in any discussions with the insurance company or the insurance loss adjuster.

• The solicitor will ask if you have spoken to the insurance company and will then ask you not to talk to them directly any more but to direct any queries to him.

What Happens If The Accident Solicitor Doesn't Agree To Act For You?

In certain circumstances, having heard your story the personal injury solicitor may tell you that they cannot act for you in this matter. Now, there may be a number of reasons for this.

It may be the case that they do not think you'll win the case. Just as likely, it could be the case that having heard your story they have become aware of a conflict of interest and realise they cannot, professionally and ethically, act for you.

Whatever the case, if the solicitor tells you that they cannot act for you, you should ask them if they can recommend to you an accident claim solicitor who can help you. In most cases they'll be very happy to give you the name of an accident compensation solicitor they believe will be happy to represent you.

Finals...

Don't be misled into thinking that everything has to be one way. If you are not too sure whether you want to retain the services of the accident solicitor for your compensation claim you should feel free to ask questions of them.

Good questions you may want to ask are what areas of law they specialise in (to make sure that they specialise, or at least know, the area of law that is going to affect your case) and how many similar cases they have won in the past (so you get some idea about their track record!).

Whatever you do, do not be afraid or overawed by being in the presence of an accident claim solicitor – they're only human after all!

Finally

So do you really need to see them?

Not really, as you can cut out the journey, which practically saves you a lot of time and energy. Today, to be efficient, everything is done either on the phone or over the net, except for the obvious court attendance. Not virtual yet, but could be in the future!

Preparing for divorce court

title:Preparing for Divorce Court

author:Nathan Dawson

source_url:http://www. essayabc. com/articles/legal/article_334.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Although it is highly preferable to arrive at a legal separation agreement or divorce settlement through some form of mediation, there are times when a couple cannot reach an agreement and the case simply must go to trial.

If you decide to have a trial, you must first fully realize that it is unlikely to be an easy divorce. Additionally, with lawyer’s fees on the rise, say goodbye to the idea of having a low cost divorce and to thousands of dollars of your hard-earned money. Be prepared to postpone your life after divorce for another year, and possibly longer. In some states, judges have been known to take more than a year to even assign a court date.

The following divorce advice may help you know what to expect when you take your case to divorce court:

Remember that a divorce trial is public. Be on time and try to behave with dignity. Resist the temptation to get angry and emotional.

Be honest with your lawyer and with the court. Knowing that you are acting with full integrity will give you confidence when making your appeals

Work with your lawyer as a team to create a winning strategy.

Join a support group. Doing this will help you to work out the emotional stuff outside of the courtroom and outside of your lawyer’s consultation time.

Dress conservatively. Keep your appearance well-groomed, simple and light. Avoid extravagance.

Speak clearly and audibly. If your words cannot be heard by everyone in the courtroom, you may be asked to repeat what you said.

Coping with divorce is often more difficult for those who need to have a trial. If there is still a possibility for mediation, do your best to work with your spouse and with both of your attorneys. At best, the professionals that you and your spouse hired are trying to offer their best divorce help to all concerned.

Cover your assets

title:Cover Your Assets!!!

author:David Jacquot

source_url:http://www. essayabc. com/articles/legal/article_492.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

You’ve worked hard to develop your career. You did it for yourself. You did it for your family. You did it for your retirement. You did it for your family’s future.

You didn’t do it to become a target of some lawsuit designed to take it all away. But unless you protect your assets, you are just such a target.

THE PROBLEM: Litigation Epidemic & Lack of Financial Privacy

LITIGATION EPIDEMIC. There is a litigation epidemic in this country. Predatory contingent fee lawyers file thousands of lawsuits each day, many of them with little or no merit. However, juries are awarding unrealistically high verdicts in many of these cases.

Ever expanding theories of liability continuously fuel this litigation frenzy. Each successful case is a stepping stone for expansion of liability theory. A decade ago people would have laughed at smokers suing tobacco companies, but today it is a reality. The recent recall of the diet drugs Redux, Fen-phen and the pain drug Vioxx has resulted in an explosion of suits suing doctors for prescribing what was a government approved drug.

Also fueling this litigation fever is the modern day version of the “Robin Hood” attitude of “take from the rich and give to the poor.” Suits are rarely brought against someone with no assets or no large insurance policy. In determining whether to sue someone, attorneys will often try and determine whether or not the target of the suit has enough assets to make the suit worthwhile. As discussed in the section below on financial privacy, inexpensive computerized searches can show virtually every asset you own. If the potential pay-off is large enough, a suit will be filed.

Insurance is a two-edged sword. It is a necessary component of all financial planning, but large policies can actually attract litigation. Not only do large liability policies attract litigation, but they can provide a false sense of security. In a substantial number of cases, insurance coverage is NOT available to pay the claim due to policy exclusions for items such as punitive damages, intentional acts, discrimination or sexual harassment. Verdicts have also exceeded the coverage limits of policies that are available, and insurance companies even have gone broke.

Don’t fool yourself by thinking that you will be OK, because you won’t do anything wrong. You don’t need to personally do anything wrong to be held liable for damages. In many cases the person held liable had nothing to do with causing the alleged harm. For example, business owners can be liable for employee sexual harassment and auto owners can be liable for a teenage driver's accident.

Lastly, rarely does anyone with wealth have a trial by a jury of their peers. Successful businessmen and professionals are often able to be excused or find a way to be excused from jury duty. Additionally, they are excluded from juries by attorneys that are trying to “stack the deck” in their favor. Take a look at the twelve people surrounding you next time you are at fast food restaurant and decide whether you want them to decide your financial future.

LACK OF FINANCIAL PRIVACY. Virtually every financial aspect of your life is currently being tracked, categorized, filed, numbered, referenced, documented, qualified, registered, indexed, recorded, listed and archived by private and government sources. This information can be retrieved almost instantaneously through computer searches by government officials, attorneys that want to sue you, and many other persons. If this is not enough, the federal government spends millions of dollars each year on informants. These informants provide information to the IRS, FBI, and other government agencies. Often these informants are disgruntled ex-employees, spouses, neighbors, or other persons that are close enough to you to be able to obtain vital information.

THE SOLUTION: Asset Protection Planning

VACCINE AND NOT A CURE. Unless you take proactive steps to protect your wealth, you stand a substantial risk of losing it. For asset protection to work, the planning must be done in advance of the occurrence of the event that is alleged to have caused the liability. Planning and transactions that occur after an event of liability can be considered fraudulent conveyances, and such planning will only compound your liability. In short, asset protection planning is an effective vaccine, but is not a cure to liability.

ASSET PROTECTION METHODS. In ALL business and estate planning arrangements care should be taken to create effective asset protection. You need to develop an asset protection mindset. Asset protection is a process, not a solitary act. Every good asset protection structure requires diligent maintenance to ensure its function.

Asset protection is accomplished by segregating personal assets from business assets and then segregating assets from liabilities. This compartmentalizing of assets and liabilities is done with corporations, limited liability companies, domestic trusts, offshore trusts and combinations of the same. It also usually includes proper insurance coverage.

Explaining all the tools available to protect your assets is well beyond the scope of this short article. Rather, the purpose of this article is to get you thinking about the need for asset protection and to reach a decision to take active steps to protect your wealth. Asset protection planning needs to be an important portion of your financial plan.

TAX COMPLIANCE. In addition to the pure financial aspect of protecting your assets, there is also a significant mental and emotional component. This component is the “peace of mind” that you get from knowing that you are financially secure. One very easy way to destroy this peace of mind is to get sideways with the IRS. If you intend to adequately protect your assets and your peace of mind, you need to be tax compliant.

Often effective asset protection plans create a perception of hidden assets. This “camouflaging of assets” should not lead you to think that “out of sight” means you do not need to pay all applicable taxes. Taking such a position is tax evasion, and can lead to financial disaster and even criminal prosecution. A properly functioning asset protection structure will be tax compliant and all applicable taxes will be reported and paid.

The power of the IRS is vast and they have the ability to break many asset protection devices. Even if they cannot reach all your assets, the process of an IRS dispute can be mentally and emotionally draining. If you find your asset protection structure under audit or attack by the IRS, you need to immediately retain a qualified tax attorney to represent you.

CONCLUSION. The wealth predators are prowling. They know who you are and they know what you own. One slip can lead to a litigation feeding frenzy. You must protect your wealth or lose it. Develop a defensive mindset in all your financial affairs. Also, protect your peace of mind. Do not slip into the trap of being non-tax compliant. If your wealth is attacked, defend with the best litigation attorney you can find. Likewise, if your affairs are challenged by the IRS, hire the best tax attorney you can find. Cover your assets!!!

Copyright 2005 David Jacquot

Landlord s corner evictions and unauthorized practice of law

title:Landlord's Corner - Evictions and Unauthorized Practice of Law

author:Eric E. Willison and Andrew J. Ruzicho II

source_url:http://www. essayabc. com/articles/legal/article_644.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

A. Right to Proceed Pro Se

In Ohio, a person can always represent himself in court. This is called appearing "pro se" and is a common (though unwise) practice where very little is at stake, such as in small claims courts around the state. Why is it unwise? The two main reasons are that attorneys who regularly perform evictions will be a great deal more familiar with the ins and outs of the law than the lay person. Secondly, an attorney will see the case objectively, and a dispassionate eye is a more effective observer of events than the landlord who may see things subjectively, having his vision clouded by emotions.

B. Representing Other Persons or Entities

But to represent another person or another entity (such as a company, a trust, or an LLC), you must be certified by the Ohio Supreme Court to practice law or you are engaging in the unauthorized practice of law. This rule affects landlords whose property is owned by a corporation or managed by a rental company. Owning a property in a corporate form has become very popular lately as a way of limiting the landlord's personal liability. This way, if the landlord is sued because of an injury at the property, the most he can lose is the value of the property (assuming his insurance isn't enough to cover it). His personal assets cannot be touched.

In the past, some landlords tried to file evictions via their employees, or tried to file the actions themselves on behalf of the corporation owning the property. They reasoned that since they were the 100 percent owners of all the shares of the corporation, they should be able to represent it in court. The problem was that these employees and corporate shareholders were not attorneys.

1. Ruling from the Ohio Supreme Court

In the case of Cleveland Bar Association v. Picklo, (2002), 96 Ohio St.3d 195, Lynn Picklo had been filing complaints in the Cleveland Municipal Court, Housing Division, for forcible entry and detainer [evictions], as well as for the recovery of past due rents. Picklo was not licensed to practice law in the state of Ohio, but she nevertheless filed these claims and appeared in court on behalf of the property owner since she was the rental manager.

Ms. Picklo argued that R. C. 1923.01(C)(2), which defines "landlord" for the purpose of invoking a county, municipal, or common pleas court's jurisdiction in most forcible entry and detainer actions as "the owner, lessor, or sublessor of the premises [or] the agent or person the landlord authorized to manage premises or to receive rent from a tenant under a rental agreement."

She also cited R. C. 5321.01(B), which, with respect to landlord-tenant remedies in general, similarly defines "landlord" as "the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement." She argued that since she was the rental manager, she was the "landlord" and thus was entitled to bring the lawsuit on behalf of the owner of the property.

It was a clever argument, but in the end, it would not wash with the Ohio Supreme Court. Under the Constitutional doctrine of Separation of Powers, the Ohio Supreme Court has the inherent power to determine who can practice law before the courts of Ohio. While it was true that the Ohio Legislature passed laws in conflict with the Ohio Constitution, the Ohio Constitution wins out in the case of such conflicts. The reason for this is because the Ohio Constitution is the document that set up the Ohio Legislature in the first place. The Ohio Legislature draws its ability to pass laws from the Ohio Constitution, and thus it cannot make laws contrary to the Ohio Constitution.

So Ms. Picklo was found to be engaging in the unauthorized practice of law, and since that time, all evictions filed by persons not the owners of the property require the services of an attorney licensed to practice in the state of Ohio.

II. Eviction Complexities

There are other good reasons to hire an attorney to do evictions, even if the property is owned in the landlord's name (thus permitting pro se representation).

A. Three Day Notice Requirement and Issues of Timing

One is the three day notice requirement. Most landlords in Ohio realize that they must post a properly worded three day notice to vacate upon the rented property before they can file an eviction. But few landlords have a good grasp of the timing issues as they apply to the calculations of the three days.

Firstly, the three days do not start to run on the day that the three day notice is posted. Secondly, any day in which the court is not open does not count as a day. Let's look at an example of how this works.

1. Example of Three Day Notice Timing

Larry Landlord has a tenant who has not paid his rent. On January 12, 2006, he posts a properly worded three day notice to vacate upon the door. The day of the posting does not count towards the three days. Friday, January 13, 2006 will be the first day of the three day period which counts. Saturday and Sunday will not count. Monday, January 16, 2006 will not count either because it is Martin Luther King Day, a national holiday upon which the court is closed. So Tuesday, January 17, 2006 will be the second day, and Wednesday, January 18, 2006 will be the third day.

If Larry Landlord has an attorney, that attorney will know that the eviction cannot be filed until the next Thursday, January 19, 2006, seven days later. But if Larry does the eviction alone, he might think that filing it on Tuesday, January 17, 2006 would be fine since more than three days will have passed.

If, at the hearing, the error is pointed out by the tenant, the tenant's attorney, or noted by the court, the eviction action will have to be dismissed. All of the filing fees spent on the eviction will be lost, the eviction will have to be filed again, and the tenant will walk away from the first eviction hearing with a new found confidence that he can beat any eviction that the landlord throws at him. Better then to use an attorney and only have to handle the matter once.

B. Thirty Day's Notice Sometimes Required.

Another timing issue arises in relation to the type of breach that the landlord is alleging. If the landlord is alleging a breach of the rental contract, then all that is necessary to start the eviction process is the posting of a properly worded three day notice to vacate. But if the landlord is alleging that the tenant breached the tenant's duties under Ohio Revised Code Section 5321.05, then the landlord must first notify the tenant in writing of the problem and give the tenant 30 days to fix it. Only then can the three day notice be posted on the door to start the eviction process.

Some landlords have tried to be too clever by half. They have inserted the text of Ohio Revised Code 5321.05's duties of the tenant into the lease agreement word for word, which enables the argument that any breach of R. C. 5321.05 would also be a breach of the lease agreement. But Ohio courts have seen through this and ruled that if the violation is a breach of both the law and the lease, the landlord must still give the 30 day notice.

Let's look at two examples.

1. Unauthorized Dog

Larry Landlord has a lease which prohibits the tenant from having a dog. Larry finds out that the tenant is violating this portion of the lease agreement. This is not a violation of Ohio Revised Code Section 5321.05 which says nothing about dogs. Thus, Larry Landlord does not need to give 30 day's notice before posting the three day notice to vacate.

2. Unsanitary Conditions

Larry Landlord has a lease agreement which says that the tenant shall keep all plumbing fixtures (sinks, toilets, tubs, etc.) in a clean and sanitary condition. During an inspection of the rented premises, Larry notices that the tenant is living like a complete pig, and that the plumbing fixtures are in an appallingly unsanitary condition. Larry would love to post the three day notice and get the eviction process going right away. But Ohio Revised Code Section 5321.05(A)(3) imposes a duty upon the tenant to "Keep all plumbing fixtures in the dwelling unit or used by him as clean as their condition permits . . .".

Thus the tenant is violating both the lease and R. C. 5321.05(A)(3). Ohio Revised Code Section 5321.11(A) requires 30 days written notice from the landlord to the tenant to remedy any breach of the tenant's duties under Ohio Revised Code Section 5321.05. So Larry Landlord is going to have to give 30 days written notice to the tenant before he can post the three day notice to vacate. If the tenant remedies the problem within those thirty days, then the tenant will have a defense to the eviction.

C. Tips for the Wise Landlord

So the wise landlord hires an attorney to perform all of his or her evictions. In this way you can be more certain that the eviction will be done right and that possession will be returned to you as soon as possible.

Where can you find such an attorney? There are several places. You can contact your local bar association and ask to be referred to an attorney who regularly performs evictions. If you call any large apartment complex, the rental managers there will more than likely refer you to the attorney they use. If you know an attorney personally, even if he or she does not conduct evictions, he or she will very likely know someone who does.

The american with disabilities act ada reasonable accomodations

title:The American With Disabilities Act (ADA) & Reasonable Accomodations

author:Carolyn Magura

source_url:http://www. essayabc. com/articles/legal/article_538.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

JAN - the Job Accommodation Network is, without doubt, the absolute best resource and link for anyone who is disabled, who is facing becoming disabled, and who is still working! The purposes of this article are:

to describe what this Resource is;

to give you an example of what types of information it can provide for you;

to give you an example (from my own experience) of how you can trigger the ADA (Americans with Disability Act) to continue working as your company provides you with "reasonable accommodations"; and,

to give you a link to this very valuable website.

OK, let's say that you have just been told by your Neurologist that the series of conditions that have been making you miserable for over the past 35 years really are the result of Multiple Sclerosis (MS). My first reaction was, OH DARN!!!

At this point in time, I was struggling to keep 2 kids in college, and was working in the best job that I had ever had! I was the Vice President of Human Resources for a Ship Repair Yard. My staff and I provided Human Resorces services to over 2,500 employees in 11 crafts (Unions) running a 24 (hour)/7 (days) week operations. (Note: you can see more about me by going to the "About Us" section of the www. disabilitykey. com website.)

My next reaction, since I am an ingrained "control freak", I decided to become an Expert Patient, even though I would not discover that phrase until over a decade later. If I was to become a Chronic Disease Self-Manager (again, I would not discover that phrase until over a dacade later) I needed to know all about Multiple Sclerosis, its symptoms, and, for whatever symptoms I had, their explicit impact on me. For, you see, my wonderful Doctor and I had been practicing Patient-centered health care (another yet-to-be-discovered concept) for years up to that point.

AND, since I still had bills to pay, two kids to keep in college (and those of you who have experienced this, you KNOW how expensive college is these days) I needed to keep working. But, my job skills were becoming increasingly more impacted by my MS symptoms. I knew that I must research, in addition to the disease, the concept of working while disabled.

Here, in a nutshell, is what I discovered. (By the way - I very much wish that there had been information like this for me to access when I needed it; that's one of the reasons that I am so passionate about providing the information to y'all, so that you can use it in your own unique situations.)

I learned that there was a federal law called "ADA". (OK, truth time; I already knew about this law as a Human Resources professional; what I mean to say, is that now I knew about the law as a DISABLED PERSON. Believe you me, the two "knowings" are as different as are night from day! One is academic, the other is experiential. It is the very nature of my experiential knowledge about disability and other "stuff" that fires me up to share the information with you so you don't have to recreate the wheel.)

Here is how the JAN describes WHAT the patterns and pracatices of a Company's employment nondiscrimination policies are under the ADA:

" The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities."

This is how the JAN describes WHO is covered by the ADA:

"Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected."

Please note the sentence in red ink, and praticularly the words in bold that are larger. It is very important that you understand that you need not just "have" a physical or mental impairment, that/those impairment(s) must substantially limit one or more major of life's activities, and, furthermore, you must have documentation of that impairment ( and/or "be regarded as having such an impairment", which basically means that the impairment and it's limitations must be documented).

It is this information in red ink that made me realize the great truth about working and disability: I had to do the work myself to determine what my impairements were, and what activities they impacted; I had to become that Expert Patient who was also an Expert Disabled Worker! Here's how the JAN describes a "qualified individual with disabilities":

"A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job."

Next step, get a copy of the Job Description for your job. The job description should detail what is called "the Essential Duties (or Functions) of the Job". (Note: a copy of a Job Description that has such essential duties described, and the process of how to get one from your company's Human Resource department can be found at the www. disabilitykey. com website in the Disabilitykey Workbook. This Workbook is an "e-book" of over 100 pages with How-To's and lots of forms and examples. It can be purchased for a minimum cost.)

OK, you know your symptoms and their impacts upon you, and you have detailed them (once again, how to do this is covered in the Disabilitykey Workbook). Now you have to look at the Job Description for your own Job, and decide what you can and can't do.

OK, this is really hard stuff to do. That's where the JAN comes in that is so helpful! It has a link on the left hand column called "Accommodation Toolbox". If you click on this box, it will take you to a page with a wealth of information. Scroll down about an 15% of the page and you will find a section entitled "Accommodation Ideas". When you click on this section, you will find an index of illnesses/conditions, with some great information for you. You will need to understand accommodation ideas to

Here's what the JAN has to say about "Reasonable Accommodations", and about some accommodations applicants and employees may/can need.

" Q. What is "reasonable accommodation"?

A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Q. What are some of the accommodations applicants and employees may need?

A. Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i. e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits. "

So, I now know my symptoms and their impacts; I know about the ADA, and about something called "reasonable accommocations". I have a copy of my Job Description, and am now trying to compare "ME" to the job's Essential Duties.

Free florida criminal records

The official database of Florida criminal records is maintained by the Florida Department of Law Enforcement, under their Criminal History Information (CHI) section. This serves as the central repository of Florida criminal records. It is open to the public and anyone can use the information stored there to conduct a search for Florida criminal records or criminal history information for employment purposes.

However, the downside to this official database is that it does not come for free. Each search, no matter the outcome, whether it yields results or a “no records found” responses, costs the average Joe $23.00. Hardly free, at all. What’s more, public records researchers often regard central repositories of criminal records, including that of Florida criminal records, are incomplete sources of criminal history information. If you’re looking for statewide Florida criminal records, the CHI database is helpful but if you’re searching for lesser-known documents involving less serious crimes or offenses, then chances are, you won’t find them stored within the repository. Twenty-three dollars might be a bargain for some. But for the professional, it is only one source among many.

But we’re not professional researchers, are we? We’re just job applicants trying to get a hold of our own free Florida criminal records. Or we’re just mothers trying to conduct a free Florida criminal records check on someone whom we are considering to take care of our kids. Or neighbors checking out on fellow neighbors. Or employers trying to protect the safety of our workplace. We certainly don’t want anything bad to happen to us or those with whom we are close to but also, we don’t want to spend too much to get that peace of mind we’re striving for. So, what options are there waiting for us?

Fortunately, the Internet provides us with a whole range of possibilities where you can get free Florida criminal records without spending a check. The places listed below are a few suggestions, sites you can check out for your free Florida criminal records check.

City Databases

If the central repository of Florida criminal records won’t offer information to you for free, then it’s obvious that you need to find some sort of alternative. Many major cities and a lot of small cities in Florida keep databases of Florida criminal records that occurred within their territories. What’s good about these databases is that the information they contain are free for use by the public. So you can check out any city database and check it for free Florida criminal records.

County Databases

An alternative to city databases are county databases of free Florida criminal records. The best place to check for free Florida criminal records at the county level is the Office of the County Clerk of Court. This is where you can usually find free Florida criminal records of court dockets, filings, and case documents.

Employee background checks security checks on the increase

title:Employee Background Checks Security Checks On The Increase

author:Fred Appleyard

source_url:http://www. essayabc. com/articles/legal/article_328.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

In the aftermath of 9-11, and the growing problem of workplace violence, the demand and need for employee background checks and security checks are now greater than ever. Employers are turning to investigative companies in greater numbers to run employee background checks on new job applicants and existing employees, including positions where security may not have previously been given much consideration in the "pre 9-11" era. Many employers are now requiring security clearances for many non-defense related "high-tech" positions including computer programming. Employee background checks are required by Federal or State law for certain occupations such as jobs working with children, law enforcement, defense contractors, and any Federal employment.

Security clearances

Often, in employee background checks, especially where a security clearance is required, employers may run criminal records checks on the spouse of a job applicant as well and decide not to hire somebody based on their spouse's criminal record, even if the applicant has a squeaky clean record. In a traditional employee background check, only the applicant or employee is investigated while for a security clearance, the spouse and other family members are investigated as well. This holds true not just for top secret job positions within the US Military, or defense contractors, but now many "high-tech" civilian jobs such as programming as well. Unfortunately in some situations, whom one is married to can determine their employability. A dishonorable discharge from the US Military will automatically eliminate any chances of getting a security clearance.

In an employee background check, some things cannot be reported: Civil lawsuits, judgments older than 7 years, paid tax liens and collections paid after 7 years, bankruptcies older than 10 years. All over information except for criminal convictions older than 7 years. While employers are prohibited from requiring applicants to provide copies of their criminal records, they can obtain this information from other sources such as private agencies or public records.

Criminal histories or "rap sheets" are not public record in every state. In some states such as California, these are only available to certain employers where employee background checks are required by State and/or Federal law such as ie: public utilities, child care services, law enforcement, security companies, defense contractors.

Credit checks

A credit background check is very often part of an employee background check, however employers are required to obtain the employee's or applicant's written consent under the Fair Credit Reporting Act, FCRA (15 U. S.C. §1681). Many employers consider a person's credit habits a good judge of character. Following any decisions not to hire somebody based on their credit report, a copy of the report must be provided to the employee, or applicant, so they may have to option to challenge it. Employers cannot fire a current employee for filing bankruptcy, but potential employers can legally reject a job applicant. There are two different kinds of credit checks. A standard credit bureau report is obtained from any one of the 3 credit bureaus, Equifax, Experion, or Transunion. This reveals a person's credit worthiness, credit habits, credit capacity. An investigative consumer report is much more extensive and delves into a person's character, mode of living, reputation, etc. This is usually acquired by contacting associates, even neighbors or friends of the applicant to inquire as to their character.

In today's increasingly security-conscious world, employers feel they have a responsibility for the welfare and safety of their employees, company reputation, and liability. Job seekers and employees can expect more employee background checks, and be placed under the microscope more than ever before.

How to incorporate yourself without a lawyer

title:How To Incorporate Yourself Without A Lawyer

author:Stephen Pope

source_url:http://www. essayabc. com/articles/legal/article_543.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?

1. This is Not Legal Advice!

The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.

This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.

2. Why Use a Lawyer?

First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.

Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.

3. Is it Advisable to Incorporate Yourself?

Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?

Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.

In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.

Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?

Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.

"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.

4. How To Incorporate Yourself

Many books have been written by lawyers on how to incorporate yourself.

For example, in Canada, M. Stephen Georgas, LL. B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").

The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.

Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.

In the United States, there are likewise many manuals available for incorporating yourself in various states. "Incorporating Your Business For Dummies" by The Company Corporation and "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas are two such books.

Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.

You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.

Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.

Anatomy of an international debt collection case

title:Anatomy of an International Debt Collection Case

author:Zhao Xiaomei (Meggie)

source_url:http://www. essayabc. com/articles/legal/article_52.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Introduction

In late June of 2003, I received an e-mail from Daniel Harris, who introduced himself as maritime lawyer from Seattle. He had found me through the internet and was asking me whether I was interested in helping arrest transshipped cargo in Dalian. I was excited about the task and I surfed Dan's website [http://www. harrismoure. com] and learned Dan owns a small international law firm in Seattle, called Harris & Moure. I replied to him immediately and sent him some relevant provisions concerning cargo arrests under China legal system. He was very happy with my prompt and helpful reply and we soon were working together on the case. He later told me he was so impressed with my responses that he had picked me over numerous other lawyers throughout China.

Brief of the case

OOO Bolshoretskoe is a Russian fishing company that sold 400 Tons of pollock worth around US$700,000 to Alimex Seafood A/S, a Danish company. The pollock was scheduled to be transshipped from Dalian to Europe. Alimex had not yet paid Bolshoretskoe for the product. Bolshoretskoe owed Daxin Petroleum Pte, Ltd., a Singapore fuel supply company, around US$400,000 for fuel. M/V IVAN POLZUNOV, the vessel carrying the pollock, was scheduled to call on Dalian on 4 July, 2003. Our task was to seize the pollock for Daxin to get Bolshoretskoe to pay its debt.

Bolshoretskoe’s debt to Daxin arose in July and December, 2002, when Daxin supplied bunker products for two Russian fishing vessels, TOSNO and PHOENIX. To secure these fuelings, Bolshoretskoe signed a guarantee letter to Daxin in which “Bolshoretskoe assigns all receivables resulting from production, deliveries and selling of Salmon or Pollock on/from board of F/T PHOENIX in favor of Daxin for the amount of the bunker supply. In addition, Bolshoretskoe agrees that property title to salmon or pollock products covering the amount of the bunker shall pass to Daxin immediately upon processing and/or storage of the products on board of PHOENIX.

Daxin was not paid on its two fuel deliveries, and Bolshoretskoe was refusing to pay. It is estimated the TOSNO and PHOENIX owed a combined total of around $20 million in unpaid debt to various creditors.

Intensive and orderly preparation for cargo arrest

After studying the relevant documents and analyzing the entire history of the case, we determined that either Bolshoretskoe or Alimex would pay Daxin if we arrested the cargo in China. So we set about to do just that.

First, we prepared all necessary legal documents pursuant to Chinese law. Due to the various different legal systems and languages involved (China, Russia, Singapore and the United States), our preparations were extremely time consuming. As we were preparing our documentation and firming up our strategies, Dan was also preparing to come to Dalian.

However, the day before Dan was to leave the United States, he learned that the pollock’s transport vessel, the IVAN POLZUNOV, had secretly changed its plans in an effort to avoid arrest. It would not be calling Dalian on July 4, 2003; it would be calling Qingdao on July 8, 2003. Because all legal documents had been prepared for the Dalian Maritime Court, Bolshoretskoe’s change in plans necessitated we completely change our plans also. With time so much of the essence, we asked Sunfanlong, who works in Qingdao Wincon law firm, to work with us and we transferred all legal documents to him.

Successful Arrest of the cargo

On July 7, 2003, Dan arrived in Qingdao. The IVAN POLZUNOV arrived in Qingdao the next day and began to discharge 15 containers of pollock for transshipment to Europe. When the judge, Wincon’s lawyer and Dan saw that the containers were being offloaded on trailers for transport to the container terminal, they went straight to the terminal to deliver the arrest papers on all 15 containers. However, after waiting nearly five hours at the terminal and waiting well into the night, only three containers had arrived and been arrested. Nobody seemed to know what had happened to the other twelve containers. We were concerned Bolshoretskoe and/or Alimex had learned of our arrest warrant and had hidden the other twelve containers. Adding to our worries was that we had by now learned that Alimex was to ship all 15 containers to Europe the very next day. We checked everywhere for the missing twelve containers. We checked with various trucking companies. We checked all around the terminal. Nothing. Eventually, we learned that the twelve containers had been in the terminal all along, but had been issued separate bills of lading from the first three and placed in a somewhat separate area. We had succeeded in arresting all fifteen containers.

After our having engaged in twelve days of intensive e-mail and telephone communication together, Dan showed up at Dalian’s airport. His high praise of our work conveyed his satisfaction of our efficient job. Dalian and Qingdao’s picturesque scenery and modern city construction impressed Dan deeply and changed his previous imagination regarding this part of China. He loved the food and our culture and talked about returning some day with his family on holiday.

Hard success to acquire guaranty and lift the arrest

Now that we had the pollock under arrest, we would need to maintain it in its frozen condition at the terminal. Pollock is a valuable fish and the costs and risks during the arrest period were high. The sooner we could resolve the dispute, the sooner the fish would be on its way, and the better it would be for all parties.

The day after we arrested the cargo, we received a letter from Alimex’s lawyers in Denmark, claiming Alimex owned the arrested cargo, not Bolshoretskoe, and threatening Daxin with criminal action. Alimex’s lawyers copied this letter to the court and to Daxin. Though confident that it was in the right, this threat of criminal action did not sit well with Daxin. We replied to Alimex’s lawyers by lecturing them on Chinese and international law and by declaring that Alimex would suffer even more losses if it insisted on pursuing litigation in China instead of cooperation. The reaction from Alimex’s lawyers was overwhelming. They wrote me a letter filled with furious and derogatory words and stated they would never communicate directly with us again. The case had fallen into deadlock.

Despite the initially tough attitude of Alimex’s lawyers, we knew we could not abandon our efforts to achieve a settlement, particularly since we knew settlement made sense for all parties. We proposed a three way agreement between Daxin, Alimex and Bolshoretskoe, whereby Alimex would keep its purchase price funds and not pay any party for the fish until the dispute between Daxin and Bolshoretskoe had been resolved through arbitration in Canada. Alimex would then pay the winner of the arbitration up to the purchase price of the fish. Alimex would also agree not to pursue any claims against Daxin for wrongful arrest. Upon the signing of this agreement, Daxin would release its arrest of the cargo. Daxin secured oral agreements from both Bolshoretskoe and Alimex to go forward with such an agreement.

For the fish to go out on the next liner to Europe, Dan and I had to work overtime in drafting the appropriate agreements. This time, the multitude of languages and time zones (China, Russia, Singapore, Seattle, and Denmark) worked to slow us down, and by the time Bolshoretskoe received its Russian language copy of the agreement, only a few hours remained before the pollock needed to be loaded on the liner to Europe. But, at the last minute, Bolshoretskoe changed its mind and decided it would not sign. All our hard work had been for naught. We were all exhausted.

The next liner to Europe was leaving in six days. During the weekend, we stopped talking with opposing parties and communicated with only Dan and Daxin. We went back over the case history and analyzed each party’s positions and risks. We concluded that Bolshoretskoe was Daxin’s real adversary. It was Bolshoretskoe that owed the money and it was Bolshoretskoe that had avoided payment for so long. It also was Bolshoretskoe that had backed out of its oral agreement. There had been no prior conflicts between Daxin and Alimex. Though Alimex was listed as the consignee of the pollock on the Bill of lading, it had yet to actually pay for the fish. Above all else, Alimex wanted the pollock sent to Europe so it could fulfill its commitments with its European buyers.

If we could persuade Alimex to provide a deposit or the purchase price to the Qingdao Maritime Court, we would lift our cargo arrest. If, on the other hand, Alimex insisted on paying the purchase price directly to Bolshoretskoe, the arrest would remain in place, and Alimex would be unable to fulfill its supply contracts with its European buyers. Daxin would be left fighting a two front war against Alimex and Bolshoretskoe in the Chinese courts.

We told Alimex that if it did not immediately settle, we would move the court to require Alimex pay the Pollock purchase price to the court and seeking the immediate sale of the pollock at auction. Within hours, we received contact from a Chinese lawyer retained by Alimex, who would, he informed us, be going to court to have our “illegal” arrest thrown out. The court ignored him.

The next liner for Europe was coming to Qingdao the next day and it finally began dawning on Alimex that if it wanted to get the pollock to Europe and to its customers, it would need to settle with us. Intensive settlement talks began anew and another oral agreement was reached. Alimex would guarantee to pay up to the amount of the pollock purchase price to whomever prevailed between Daxin and Bolshoretskoe. Alimex also agreed not to pursue any claims against Daxin arising from Daxin’s allegedly wrongful arrest of the cargo. A settlement was drafted and signed and the parties worked diligently to get the arrest lifted in time for the product to make it on that day’s liner to Europe.

Daxin had a Guarantee Agreement from an established and well funded Danish company and we had achieved a smashing victory on this exciting arrest of cross-border transshipping cargo.

Somewhat smooth sailing in recovering Daxin’s award.

We then filed Daxin’s case against Bolshoretskoe in the Qingdao Maritime Court. Bolshoretskoe consistently failed to attend any court hearings and we eventually secured a default judgment against it.

Alimex then paid Daxin all but US$15,000 of the amount it had guaranteed, but claimed entitlement to withhold US$15,000 for itself to help pay for the costs it had incurred in China defending against Daxin’s arrest. One e-mail from Dan threatening arbitration in London (pursuant to the Guarantee Agreement) for the $15,000, plus all fees and costs, convinced Alimex it had no case on this either. Alimex paid the remaining US$15,000 to Daxin and the case was over.

After six months, close cooperation and flexibility by lawyers on both sides of the Pacific had given us full and total victory.

Epilogue

A few months after I closed the case, Dan sent me an e-mail telling me he had heard from one of his Danish clients that Alimex’s Danish lawyers had told them of our great job on this case. Dan and I have since worked on a couple additional cases together, but it will be this first one that I will always remember. In thinking of this case, I know I will never forget the sleepless nights I spent communicating with lawyers and parties in four times zones. But I also know that the pride I feel from knowing how much we achieved, despite having to work through the laws of so many countries under such tight deadlines, is what will always stand out. Our wisdom, our legal knowledge and our strenuous diligence had garnered us high praise not only from our foreign colleague and from our client, but also admiration from the opposing party. I share this honor with Harris & Moure, with our Fada Law Firm and with Qingdao’s Wincon Law Firm, and with our Chinese Lawyers.

Ftc names dirty dozen email scams

The Federal Trade Commission is responsible for issuing and enforcing rules for consumer issues on the Internet. As part of this process, the FTC has published a list of the 12 scams you are most likely to receive as email.

The Dirty Dozen Scams

The "dirty dozen" are:

1. Business opportunities

These business opportunities make it sound easy to start a business that will bring lots of income without much work or cash outlay. The solicitations trumpet unbelievable earnings claims $1,000 a day or more without doing any work. Many business opportunity solicitations claim to offer a way to make money in an Internet-related business. Short on details but long on promises, these messages usually offer a telephone number to call for more information. In many cases, you'll be told to leave your name and telephone number so that a salesperson can call you back with the sales pitch.

The scam: Many of these are illegal pyramid schemes masquerading as legitimate opportunities to earn money.

2. Bulk email

Bulk email solicitations offer to sell you lists of email addresses, by the millions, to which you can send your own bulk solicitations. Some offer software that automates the sending of email messages to thousands or millions of recipients. Others offer the service of sending bulk email solicitations on your behalf. Some of these offers say, or imply, that you can make a lot of money using this marketing method.

The problem: Sending bulk email violates the terms of service of most Internet service providers. If you use one of the automated email programs, your ISP may shut you down. In addition, inserting a false return address into your solicitations, as some of the automated programs allow you to do, may land you in legal hot water with the owner of the address's domain name. There are also very strict rules, known as the CAN-SPAM Act, regulating bulk email marketing.

3. Chain letters

You're asked to send a small amount of money ($5 to $20) to each of four or five names on a list, replace one of the names on the list with your own, and then forward the revised message via bulk email. The letter may claim that the scheme is legal, that it's been reviewed or approved by the government; or it may refer to sections of U. S. law that legitimize the scheme.

The scam: Chain letters are almost always illegal and nearly all of the people who participate lose their money. The fact that a "product" such as a report on how to make money fast may be changing hands in the transaction does not change the legality of these schemes.

4. Work-at-home schemes

Envelope-stuffing solicitations promise steady income for minimal labor-for example, you'll earn $2 each time you fold a brochure and seal it in an envelope. Craft assembly work schemes often require an investment of hundreds of dollars in equipment or supplies, and many hours of your time producing goods for a company that has promised to buy them.

The scam: You'll pay a small fee to get started in the envelope-stuffing business. Then, you'll learn that the email sender never had real employment to offer. Instead, you'll get instructions on how to send the same envelope-stuffing ad on your own. If you earn any money, it will be from others who fall for the scheme you're perpetuating.

5. Health and diet scams

Pills that let you lose weight without exercising or changing your diet, herbal formulas that liquefy your fat cells so that they are absorbed by your body, and cures for impotence and hair loss are among the scams flooding email boxes.

The scam: These gimmicks don't work. The fact is that successful weight loss requires a reduction in calories and an increase in physical activity. Beware of case histories from "cured" consumers claiming amazing results and testimonials from "famous" medical experts you've never heard of.

6. Effortless income

The trendiest get-rich-quick schemes offer unlimited profits exchanging money on world currency markets; newsletters describing a variety of easy-money opportunities; the perfect sales letter; and the secret to making $4,000 in one day.

The scam: If these systems worked, wouldn't everyone be using them? The thought of easy money may be appealing, but success generally requires hard work.

7. Free goods

Some email messages offer valuable goods-for example, computers, other electronic items, and long-distance phone cards-for free. You're asked to pay a fee to join a club, then told that to earn the offered goods, you have to bring in a certain number of participants. You're paying for the right to earn income by recruiting other participants, but your payoff is in goods, not money.

The scam: Most of these messages are covering up pyramid schemes, operations that inevitably collapse. The payoff goes to the promoters and little or none to you.

8. Investment opportunities

Investment schemes promise outrageously high rates of return with no risk. Many are Ponzi schemes, in which early investors are paid off with money contributed by later investors. This makes the early investors believe that the system actually works, and encourages them to invest even more.

The scam: Ponzi schemes eventually collapse because there isn't enough money coming in to continue simulating earnings. Other schemes are a good investment for the promoters, but no for participants.

9. Cable descrambler kits

For a small sum of money, you can buy a kit to assemble a cable descrambler that supposedly allows you to receive cable television transmissions without paying any subscription fee.

The scam: The device that you build probably won't work. Most of the cable TV systems in the U. S. use technology that these devices can't crack. What's more, even if it worked, stealing service from a cable television company is illegal.

10. Guaranteed loans or credit, on easy terms

Some email messages offer home-equity loans that don't require equity in your home. Usually, these are said to be offered by offshore banks. Sometimes they are combined with pyramid schemes, which offer you an opportunity to make money by attracting new participants to the scheme.

The scams: The home equity loans turn out to be useless lists of lenders who will turn you down. The promised credit cards never come through, and the pyramid schemes always collapse.

11. Credit repair

Credit repair scams offer to erase accurate negative information from your credit file so you can qualify for a credit card, auto loan, home mortgage, or a job.

The scam: The scam artists who promote these services can't deliver. Only time, a deliberate effort, and a personal debt repayment plan will improve your credit. The companies that advertise credit repair services appeal to consumers with poor credit histories. Not only can't they provide you with a clean credit record, but they also may be encouraging you to violate federal law. If you follow their advice by lying on a loan or credit application, misrepresenting your Social Security number, or getting an Employer Identification Number under false pretenses, you will be committing fraud.

12. Vacation prize promotions

Electronic certificates congratulating you on "winning" a fabulous vacation for a very attractive price are among the scams arriving in your email. Some say you have been "specially selected" for this opportunity.

The scam: Most unsolicited commercial email goes to thousands or millions of recipients at a time. Often, the cruise ship you're booked on may look more like a tug boat. The hotel accommodations likely are shabby, and you may be required to pay more for an upgrade. Scheduling the vacation at the time you want it also may require an additional fee.

In Closing

Don’t check your common sense at the door simply because you are surfing the web. If it seems to good to be true, it is. Don’t fall victim to these scams.

Suv rollovers florida

title:SUV Rollovers - Florida

author:T. Going

source_url:http://www. essayabc. com/articles/legal/article_219.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

SUV (Sport Utility Vehicles) sales have sky-rocketed in the United States over the past few years. In 2004, SUV’s accounted for 25 percent of all new-vehicle sales with over 22 million on the road. Because SUV’s are larger, and heavier than other cars, buyers often times overlook the safety issues concerning them. Unfortunately, SUV’s have the leading cause of rollover death on our highways. New statistics show that more than 12,000 people died last year in rollover accidents with SUV’s accounting for 62 percent.

In Florida, SUV sales are rising and so are the problems that come along with them. Because SUV’s have a higher center of gravity, they are the most unstable and rollover-prone vehicles on the road today. Many SUV’s are designed to be driven off-road, however very few are equipped with proper equipment such as roll bars. In addition, only a few meet the National Highway Traffic and Safety Administration roof safety standards.

If you or someone that you know has been the victim of an SUV rollover you should seek help immediately. An experienced SUV attorney can help you understand the complex legal system to ensure that you receive the compensation you deserve. Don’t let legal time constraints impede or terminate your case before it happens. Contact a lawyer immediately!

Law school does a great job of training lawyers to be professional skeptics

title:Law School Does A Great Job Of Training Lawyers To Be Professional Skeptics

author:Tony Merlino

source_url:http://www. essayabc. com/articles/legal/article_509.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

That's Part Of The Reason Their Own Marketing Efforts Are Destined To Fail.

Here Are 8 Great Suggestions From Law Firm Marketing Professionals That Are Guaranteed To Produce Results.

Lawyers practice law, NOT marketing. Effective marketing takes a certain amount of faith and patience. It just doesn't happen overnight. To make matters worse most lawyers tend to over analyze any marketing plan. Some gain satisfaction in proving "beyond a doubt" there is no way marketing can be effective for them.

When it comes to marketing, most lawyers don't have a clue. It's not their fault. No one in law school ever told them the practice of law involved actually starting a business.

Here are a few suggestions from law firm marketing professionals about what it takes to successfully market your law firm.

1. Realize that there is some risk involved in lawyer marketing. Start taking a little risk. Even a turtle has to stick his neck out to make progress.

2. Realize that being a lawyer is being a business owner. Start thinking like a business person. Stop defining yourself as "an attorney". Instead, define yourself as the owner of a law firm.

3. Realize that when it comes to marketing, you need to stop arguing with the marketing experts. You went to law school. Unfortunately they didnt offer even one single course on actually marketing your practice.

4. Realize that traditional law firm marketing is dead. The old yellow pages ad and "word of mouth" isn't going to cut it anymore in the Internet age.

5. Realize that you need an "effective" Internet presence to exist in today's law firm marketing space.

6. Realize that you are no longer considered an "ambulance chaser" just because you advertise effectively. Times have changed and so have the attitudes and perceptions about lawyers who advertise.

7. Realize that effective law firm marketing comes at a price. Start focusing on the end result (more billable hours) instead of fixating on the beginning cost.

8. Realize that "Education Based Marketing" coupled with a solid "Client Referral System" is the recipe for effective 21st Century Law Firm Marketing.

OK, so let's say you buy into the fact that you need to start an effective law firm marketing campaign. Where do you start? With the basics of course. If you practice law in New Jersey or the surrounding states of NY, PA, or DE you are really in luck.

Here is a bit of shameless self-promotion. Start by getting a listing in the Law Firm Directory. http://www. jerseyjustice. com/resources/add. cfm Otherwise, look to obtain a listing in another highly trafficked legal site in your state.

If you don't already have a dedicated law firm website, it's time to get one. But don't just throw up a few web pages and expect clients to start beating a path to your firm. Your website needs to be effectively designed and marketed as well. Otherwise it becomes a solitary billboard in the desert that receives little or no traffic from clients searching the Internet superhighway for attorneys able to relieve their pressing legal problem.

Find a professional legal marketer with a proven track record and experience in promoting individual as well as multi lawyer firms. Then listen to what they have to say and act on their suggestions. All the while be sure to they provide blind control testing all of your marketing efforts so that you know what is working best.

Every practice area has it's own set of characteristics that influence results. In other words, one size legal marketing does not fit all firms. Allow your marketing consultant to custom tailor a program that works.

Learn how to attract new clients, increase referrals, strengthen client loyalty and build your image as an authority in your practice area. When you first begin marketing your legal services it is common to rely on intuition and common sense to make decisions. But in most cases the results from your own marketing efforts won't produce the desired result. That is why it is wise to hire a professional legal marketer.

How do you find a qualified legal marketer? Simple. Go to any major search engine like www. Google. com and type in "Lawyer Marketing". Then look for the top generic listing. If he is a good enough marketer to earn the number one or two spot for the term "lawyer marketing" (considering all of the formidable competitors), it should be good enough for you.

Best solicitor services

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Contactlaw. co. uk experienced solicitors, work on all property matters, business premises, office leases, shop leases, pub leases, restaurant leases, developments, investment and industrial properties, clubs, hotels, environment and planning, finance and security, deal negotiation and new projects. Our Commercial Solicitors have well established reputation in providing a comprehensive and cost-effective service in property transactions and geared up to achieve clients' objectives quickly. We work at short notice, to tight deadlines and to a high standard, aiming always to maintain the initiative we do not disclose your details to any other party without your prior consent. Our Commercial Solicitors have a broad continuum of legal expertise enabling them to deal with transactions in a commercially-focused as well as legally effective manner.

Injury compensation how to get back what you lost

title:Injury Compensation - How To Get Back What You Lost?

author:Mumtaz Shah

source_url:http://www. essayabc. com/articles/legal/article_411.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

An injury compensation claim is a common procedure for those who have been unfortunate to suffer the consequences of a personal injury and know only too well the life-altering effects it can have. Things that used to be simple tasks are now major obstacles, the simple pleasures of life seem to be slipping away and everyday is a struggle just to get through.

Work is no longer an option, along with all the activities you use to enjoy. If this sounds like the situation you or a loved one is currently in, then considering an injury compensation claim can make all the difference in the world.

You're Not Alone In The Struggle

Every year, thousands of people struggle to cope with serious personal injury, with many of them not realising the compensation they deserve.

Once injured, many people tend to hide away and refuse to acknowledge the damage that has been inflicted on their body. Not coming to terms with an accident injury is one of the most dangerous things a person can do. It can lead to increased mental stress that can have a big impact on family and friends, and possibly slow down the recovery and rehabilitation process.

It also prevents the injured party from receiving the deserved compensation to help with the financial difficulties that often strike in these difficult times.

Get The Help You Deserve

You wouldn't skimp on rehabilitation if it was a family member or another loved one who was injured, then why deny yourself the necessary treatment. Financial troubles are the last thing anyone needs when trying to recover from a serious injury.

A successful accident claim will give you the financial freedom you need to get back onto your feet and fully recover. A caring and trustworthy solicitor will be your best offence and defense in getting that help.

I'm Ready For Help! Now What?

The decision to claim compensation can be your turning point. It is not a decision that many people make lightly; they realise that any possible court proceedings can be frustrating, and that choosing the right accident solicitor who understands their personal needs can be just as frustrating.

The right compensation solicitor will be the one who is truly interested and concerned with helping you and not just collecting his/her fees. Together with the right solicitor, you can get the compensation you deserve and help get things back on track.

Life After Your Compensation

With your successful injury compensation claim, it can feel like 100 pounds has been taken off your back. No longer stressed out about how to make ends meet. You can now concentrate on rehabilitation and returning to the activities you loved before the accident.

The psychological benefits from your injury compensation can be the greatest reward of all. The negative feelings and self-pity quickly dissolve, allowing you to concentrate on your life and allowing you to once again open up to your family and friends.

Bextra stevens johnson syndrome and toxic epidermal necrolysis is there a connection

title:Bextra, Stevens - Johnson Syndrome, and Toxic Epidermal Necrolysis - Is There A Connection?

author:Scott Montgomery

source_url:http://www. essayabc. com/articles/legal/article_439.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Stevens - Johnson syndrome is a life-threatening disease that affects the skin, which causes skin peeling rashes, and blistering of the mucous membranes. The blistering is usually in areas such as the mouth, eyes, and vagina, and the rash can be patchy and in various areas. The other variation of SJS, which is TEN (Toxic Epidermal Necrolysis), has some of the same effects as SJS, but with this variation the skin can start to peel off on a large scale. Both of these skin diseases cause massive misery, pain, anxiety, and can prove fatal.

SJS and TEN are almost always caused by a drug reaction, and Bextra is known to be a risk factor. Although the FDA and Pfizer directors were thought to be aware of the link between Bextra use and SJS/TEN it was approved and prescribed to millions. Moreover, it is only very recently that Pfizer have been ordered to add a black box warning – the strongest warning possible – to Bextra packaging providing information about the risks carried by the drug in relation to these skin diseases.

The warning comes far too late for some people, who obliviously took the drug and suffered the effects. Bextra is now under fire once again for a possible link with heart attacks, although this is still being investigated. The side effects caused by Bextra have already resulted in a number of lawsuits against Pfizer, and it is likely that these lawsuits will continue to increase for the foreseeable future.

Those that have taken or are still taking Bextra are urged to educate themselves on the symptoms and effects of SJS/TEN and other Bextra side effects. If you notice anything amiss you should seek medical assistance immediately. You may also be entitled to compensation if you have suffered the side effects of Bextra, and there are now many lawyers and law firms that specialize in drug litigation and Bextra lawsuits. If you feel that you may have grounds for compensation – or even if you are unsure as to whether you have a case – it is advisable to contact an experienced Bextra lawyer. You will then be informed whether you have a valid case, and your lawyer can look at putting together a solid case in order to claim compensation for your medical expenses, pain, and suffering.

British schools safety incidents and the courts

title:British Schools, Safety Incidents And The Courts

author:Paddy Swan

source_url:http://www. essayabc. com/articles/legal/article_385.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Introduction:

This article sets out some of the background some and examples of prosecutions and litigation against UK schools.

Whilst Scottish Law and its’ Legal System differs from that in England and Wales the writ of the enforcing and regulating body the Health and Safety Executive(HSE) runs across the border and matters are decided in the Criminal Courts.

Litigation takes place in the Civil Courts and, in the case of Health and Safety usually revolves around aspects of the LEA. Owner, school and teachers’ duty of care to children. Almost all of these cases are civil actions taken by parents on behalf of the child for damages for injuries subsequent to accidents.

Prosecutions:

The Health and Safety Commission is the actual agency of which HSE is the executive branch have published an Enforcement Policy which sets out very clearly the parameters for, and circumstances in, which the HSE should take action to enforce the Health and Safety Law and Regulations.

Enforcement of H&S law in the past targeted “Directors” and “Company Secretaries” and clearly this had a business and commercial bias.

The current HSC Enforcement Policy appears to be targeting enforcement action against managers as well as Directors and now seems to be focused on both the public and private sectors equally. This is also clarified in the Guidance to the Management of Health and Safety at Work Regulations which talks about “organisations” being schools, colleges, voluntary bodies, councils etc. as well as companies. Personal liability to prosecutions under the safety law has been extended to person who exercise a similar role to directors and company secretaries. This would certainly include Heads as the CEO of their schools but could also be interpreted to mean Directors/Assistant Directors, or those persons in the school employer’s organization directing and organising the H&S function.

In short any person or any organisation can be liable to prosecution under H&S laws and regulations for a range of offences.

Staff, or others can be liable for putting the health and safety of others at risk by acting negligently or interfering with safety equipment.

Others can be liable for advising or conniving to promote unsafe acts.

However, the main area where a cold chill runs down the spine for teachers and schools is the potential for a child to be killed and a manslaughter charge to be made.

Three points here are worth considering:

1. All the manslaughter charges so far made have been on the basis of gross negligence.

2. HSE does not bring this charge it has a protocol with the police where both of them run TWO investigations side by side and the police hand a completed file to the DPP or the Procurator in Scotland. In England and Wales it is the DPP who makes any charge of manslaughter and gross negligence is acknowledged by lawyers to be difficult to prove. However teachers have been jailed for manslaughter and last year a Head teacher was fined for offences against Safety Laws.

3. An old lawyer's adage adopted by H&S professionals is that no one has ever been prosecuted for following good practice.

Good Practice

Follow good practice and you will be secure.

Almost all the manslaughter charges made against teachers have been involved with offsite visits. I estimate about 1-2,000,0000 school visits have been made over the same period that there have been about 6 prosecutions for manslaughter.

The most recent one was made against a teacher who was leading a visit in Cumbria where a 10 year old was killed in a “plunge pooling” incident and the leader was charged, found guilty and received a sentence of one year in jail.

HSE actions are much more likely to be for breaches of the law and regulations.

Educational Visits carry with them a serious direct risk to staff of prosecution if they have been negligent.

Even if no one is physically harmed, and thus there is no “death or harm by gross negligence” criminal charges to be faced, but if there could have been, the HSE can take action against individuals under H&S law.

This has already happened with one Head teacher in Scotland.

Good Practice for Visits has been clearly spelled out in publications by the DfES and the Scottish Executive. If you go to the HSE’s new website at http://www. hse. gov. uk/schooltrips you can have access to the full scope of good practice as regards visits.

Primary Schools and breaches of the H&S law.

The actual numbers of prosecutions from 1999 -2003 are actually very small only about 25 in total are recorded as relating to Primary Schools on the HSE Database.

The following is a breakdown of what these prosecutions were for:

Breach Against Number 1999 -2004

HASAWA 8

Electricity Regs 3

Manual Handling Regs 2

Management HSW Regs 5

Construction Design Regs 3

Work Equipment 3

Other 3

So you can see that the main features of prosecutions is for offences under the Act itself and for breaches of the Management of Health and Safety at Work Regulations.

An important aspect is that many of these breaches involved contracts, so it is clear that your control of these needs to be secure.

If you are visited by an inspector they will not generally prosecute immediately.

Though the Health and Safety Commission(HSC) of which HSE is the executive branch, say that they do use prosecution as an important lever to help drive their policy targets forward.

Inspectors are much more likely to give advice and information or in the case of breaches to issue improvement or prohibition orders

Enforcement

Out of 75 breaches prosecuted by HSE in Primary Schools 1997 - 2003 for which records are available in HSE’s Database, none nominated the Headteacher as the defendant. In all of them an LEA or other Employer/Contractor was the defendant. The picture for the make up of breaches is given below.

This was the picture up to 2003 but this picture has changed and there have been at least two actions against Heads. For a Head teacher with a criminal conviction, options become limited. Even if they go for a new job, Disclosure means that the conviction will show on the record. So it is more and more important that any Head can prove they are effectively managing safety.

This is precisely why we at Swan Education produced the Head teacher’s Safety Management Toolkit.

HSC/HSE says exactly what they mean and are transparent. They also produce masses of clearly written information free.

References are given to a large selection of these which are relevant in the Toolkit “Useful Links”.

We said earlier that no one has ever been prosecuted for following good practice. You may not have the formal documentation but if you have taken care that you have records this always helps.

Reasonably Practicable Safety

Your school must be safe “so far as is reasonably practicable” This simply means that you cannot work miracles and that safety has to be judged against what is achievable. However, lack of money is not an adequate excuse if a Risk Assessment shows that something needs to be done.

Reasonably practicable does mean that if the costs of protecting completely against a particular risk is too expensive measured against possible outcomes or not possible, then you have a defence. However, all of this is a judgement and must be measured against good practice.

Unilateral decisions about what is or is not reasonably practicable should be guarded against. Take advice or at least research the matter and remember to record any findings.

You can aim for perfection over a measured time scale. It all depends on the base that you are starting from. HSE generally aims to encourage and advise. They generally prosecute only in extreme situations.

Litigation

A good Safety Management System protects you from Litigation and also ensures any HSE is a very remote possibility.

The courts are far more frequently used nowadays but even if you are involved in an action if you have taken the prior precaution of having a documented system the chances of success of any claimant are much reduced.

Litigation in the courts has demonstrated that teachers and the school/employer cannot be held responsible for every accident in school hours, or at any time that the children are in the control of schools e. g. during educational visits.

The courts accept that some accidents happen no matter how much care is taken or how well planning and supervision is carried out.

Where an accident happens in such cases, the teacher/school cannot be held liable.

Good Practice is a defence and the Headteacher’s Safety Toolkit provides you with proof of your good practice and guidance on what is acceptable.

Some important points flowing from the following cases which can give a good general guide to the headteacher are:

• Is an accident "foreseeable" or not?

• Is the risk very low and are the costs of mitigating the risk reasonable and proportionate?

• In "horseplay" there is consent and it needs recklessness or a high degree of carelessness to breach the duty of care.

• Does the school have systems in place to reduce risk and is it following good or accepted practice?

• Was the activity leading to the accident "play" or something else.

Areas most frequently addressed by the court during litigation include:

• Checks on staff competence and training

• Assessment of what is generally accepted as good practice

• Cross checking that suitable preparations and precautions been put in place.

The following are a few important court cases regarding good practice and duty of care in H&S matters which may, by example illuminate some of the matters decided in the courts.

Court Cases:

2003 Simonds v Isle of Wight LEA

A five year old returning to school from lunch at home went to play unsupervised on swings in the school grounds and broke his arm.

The LEA/school won and the judge held that :

• there was no "causative event" for the accident.

• the child was playing alone and that the school had an adequate way of managing the swings.

• no playground could be free of hazard and it was as unreasonable for the school to lock the swings as it was to rope off trees in a playing field.

• since the mother had not delivered the child back into the care of the school there was no breach of duty on the part of the school.

1997 Wilson V the Governors of the Sacred Heart RC Primary School

A child going home at end of school day was struck in the eye by another child's coat .

The Governors won and the judge held that:

• Whilst the school supervised at break and lunchtimes it was not commo practice for children to be tightly supervised at end of day.

• The accident could have happened just as easily outside the school gates

• The school had not breached it's duty of care or acted negligently.

1998 Mullin v Richards

Two children had a "swordfight" with plastic rulers. One of the rulers broke entering a pupil's eye and causing permanent damage.

The claim for damages was dismissed on the basis that:

• There was insufficient evidence to prove that the accident was foreseeable in what had been no more than a childish game.

• The teacher had not breached their duty of care

Other areas for Litigation:

Litigation over the years has clarified some of the boundaries of duty of care and in complex litigation led areas more and more schools/LEAs/employers are investing in insurances to cover issues such as breach of duty of care in:

• Bullying

• Actions of poorly or unsupervised pupils

• Undiagnosed or misdiagnosed special needs

• The alleged adverse health effects of drinking, smoking, or drug taking

• Failure to achieve the expected results at Common Entrance, GCSE or A level

• Inadvertent breaches of European Union legislation

• Breaches of the Health and Safety legislation, Data Protection, the Children Act

• Inadequate sports and outdoor activity supervision

• Failure to teach the correct syllabus

• Libel or slander

• Incorrect advice given in an official capacity

• Unfair dismissal

• Infringement of copyright

Senate glossary terms a c

title:Senate Glossary Terms A - C

author:Al Loy

source_url:http://www. essayabc. com/articles/legal/article_468.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Adjourn for more than 3 days - Under the Constitution, neither chamber may adjourn for more than three days without the approval of the other. Such approval is obtained in a concurrent resolution approved by both chambers.

act - Legislation (a bill or joint resolution, see below) which has passed both chambers of Congress in identical form, been signed into law by the President, or passed over his veto, thus becoming law. Technically, this term also refers to a bill that has been passed by one house and engrossed (prepared as an official copy).

adjourn - A motion to adjourn in the Senate (or a committee) ends that day's session.

adjournment to a day and time certain - An adjournment of the Senate that fixes the day and time for its next session.

amendment - A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, the Senate must agree to it.

appeal - When the Chair rules on a point of order, any Senator may appeal the ruling, in which case the full Senate makes a final decision on the point of order by voting whether to sustain or reverse the ruling.

authorization - A statutory provision that obligates funding for a program or agency. An authorization may be effective for one year, a fixed number of years, or an indefinite period. An authorization may be for a definite amount of money or for "such sums as may be necessary." The formal federal spending process consists of two sequential steps: authorization and then appropriation.

balanced budget - A budget in which receipts equal outlays.

baseline - Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.

bill - The principal vehicle employed by lawmakers for introducing their proposals (enacting or repealing laws, for example) in the Senate. Bills are designated S. 1, S. 2, and so on depending on the order in which they are introduced. They address either matters of general interest ("public bills") or narrow interest ("private bills"), such as immigration cases and individual claims against the Federal government.

budget resolution - Legislation in the form of a concurrent resolution setting forth the congressional budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e. g., transportation), and may include reconciliation instructions to designated House or Senate committees.

caucus - From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of Members of the House or the Senate, or both, that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.

class - Article I, section 3 of the Constitution requires the Senate to be divided into three classes for purposes of elections.  Senators are elected to six-year terms, and every two years the members of one class—approximately one-third of the Senators—face election or reelection.  Terms for Senators in Class I expire in 2007, Class II in 2009, and Class III in 2011.    

cloakroom - Democratic and Republican cloakrooms adjacent to the Senate chamber serve as gathering places for party members to discuss chamber business privately.

committee calendar - Senate committees periodically publish a committee calendar that lists the bills and resolutions referred to them, action taken on those measures, and other relevant information.

committee jurisdiction - The subjects and functions assigned to a committee by rule, resolution, precedent, or practice, including legislative matters, oversight and investigations, and nominations of executive officers.

Be all end all tax attorney blog

title:Be All - End All Tax Attorney Blog!!!

author:David Jacquot

source_url:http://www. essayabc. com/articles/legal/article_497.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Blogs have become a vital source for current information and the exchange of critical thought on many topics. The practice of law is no exception.

Therefore, a new Blog has been created to provide educational information on tax attorney topics. This Blog will contain articles, case summaries, tax news and "everything" that is related to tax lawyers. Visitors can post comments on the information on the site or start a linked commentary on the tax attorney subjects of their choice. This site is destined to become the "go-to" site for tax lawyer information.

When formed, the Blog initially contained the following articles:

Don't Get Sued!!! Does a Taxpayer Representative have a Duty to Prevent a Client from Disclosing Incriminating Information? This article reviews the recent changes to IRS practice rules that could casue CPAs and Enrolled Agents to be sued for failing to protect or prevent their client from providing potentially incriminating information to them. The article discussed the problem and provides easy, common sense solutions to protect the non-attorney tax practitioner. A must read for all CPAs and Enrolled Agents.

Cover Your Assets!!! This short article provides a primer on Asset Protection. It covers the need for asset protection, and some tax and non-tax traps to avoid in designing your plan. If you have wealth, you need to protect it and this article is a good place to start.

The Blog also as a keyword archive related to tax topics. Currently several hundred keyword suggestions are listed in the Blog. Visitors can add their favorites to the list and hopefully this will become the consumate keyword list for all things tax!.

Articles and news clips can also be submitted by visitors for inclusion in this Blog.

Those individuals interested in advertising to tax attorneys or people visiting the site can do so through Google adsense. The site places Google ads at the top of the page and there is a link to add the Blog to your list of sites currently in your Google CPM campaigns.

Any comments on the content or operation fo the Blog are welcome. This is a new venture for the webmasters of this Blog and all input is welcome.

You can view this Blog at http://taxlawyer. blogspot. com

You can use the content of this Blog via the RSS feed found at http://taxlawyer. blogspot. com/atom. xml

Check this out now. Bookmark the site and visit often. Don't be a stranger and don't be afraid to contribute your articles, comments, and opinions. But most of all, sit back, read and enjoy!

Copyright 2005 David Jacquot

Hiring a criminal lawyer

title:Hiring a Criminal Lawyer

author:Criminal-Lawyer-Central. com

source_url:http://www. essayabc. com/articles/legal/article_457.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

There are a number of situations in life when you have to

decide whether to hire a lawyer. For instance, if you're

purchasing a house or having trouble paying your bills,

hiring a lawyer may not be a necessity, but it's a good

idea nonetheless. However, if you've been charged with

driving under the influence, assault, or some other crime,

hiring a criminal lawyer is mandatory. You'll want to make

sure that your legal rights are protected throughout the

entire judicial process.

But where do you begin, when you're hoping to hire a

qualified criminal lawyer? One of the best ways to find an

effective attorney is to consult with your family and

friends. There is nothing better than a personal

recommendation, especially one that comes from someone who

is close to you. However, there are times when it might be

difficult to obtain a personal referral. In those

situations, you might consider consulting the local bar

association or an Internet site such as lawyers. com. The

Internet, in fact, can provide a wealth of information

about individual lawyers. For instance, you can find out

about a lawyer's level of expertise in criminal law,

biographical information, whether the lawyer is in good

standing with the bar, and other pertinent facts. In

addition, online archives of your local newspaper might

include articles about cases that a particular lawyer has

tried. You'll want to hire a lawyer with plenty of

experience in the area of criminal law involved in your

case, whether it be traffic offenses, drug crimes, or white

collar crimes.

The next step is contacting the lawyer's office. If an

attorney cannot meet with you on short notice, don't count

the lawyer out. Effective lawyers are quite busy, so, if a

lawyer is short on time, that may actually be a positive

sign. Pay close attention to how your call is handled by

the lawyer's staff. The staff should be courteous and be

willing to answer all of your questions.

You should be aware of the fact that criminal defense

lawyers tend to charge by the hour. As an alternative,

they may charge a flat fee up front. Generally speaking,

rules of professional conduct bar a lawyer from charging a

contingency fee for a criminal case. Since legal fees can

vary, you might want to engage in some comparison shopping.

However, be advised that the better lawyers tend to charge

more for their services. Since your freedom and reputation

are at stake, you should invest in the best lawyer you can

afford.

Given the fact that criminal cases are often settled

through plea agreements with a district attorney's office,

it can be important for a criminal lawyer to be on good

terms with the D. A. Certainly, good relations between the

two can only enhance your case. Therefore, you'll want a

lawyer who has fairly regular contact with the prosecuting

attorney in the county in which your case resides. Also,

it's a good idea if you hire a lawyer who is affiliated

with a group such as the National Association of Criminal

Defense Lawyers. Such an association shows that your

lawyer wants to keep abreast of new developments in the

area of criminal law.

Prior to hiring a criminal lawyer, be sure to ask for

references. You'll want to know how clients view the

attorney's expertise. You should also obtain a copy of the

law firm's brochure, so you have a clear understanding of

the outfit you're dealing with. It is also vitally

important that you obtain a copy of the lawyer's retainer

agreement so that you're aware of any up-front costs

involved in obtaining legal representation.

In the end, you'll want to select a lawyer that you're

comfortable with, one that truly understands your case and

can work well on your behalf. You'll find that an

effective criminal attorney is well worth his or her fee.

What to expect if you are charged with a crime

title:What To Expect If You Are Charged With A Crime

author:Jody Ehrhardt

source_url:http://www. essayabc. com/articles/legal/article_331.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Although most people never expect to be charged with a crime, there can come a time when that can happen. These types of charges can range form warrants being issued for aid traffic tickets to individuals filing lawsuits against you. The best time to prepare for being charged with a crime is before it ever happens.

Since lawsuits and arrests can move quickly, it is best to understand the basic events that lead up to and constitute being charged with a crime prior to the being charged. If you are knowledgeable about the events beforehand, the process can go easier and hopefully, be less intimidating.

No matter which type of crime you are charged with, the proceedings will usually happen in a predetermined way. First, a warrant will put for your arrest. If a warrant is issued against you, you will usually be notified of the warrant by being served. Being served means that a police officer will locate you and deliver your warrant papers in person. On rare occasions, a person is arrested before being served with a warrant. In these cases, the arresting officer must show the warrant papers within a reasonable amount of time after the arrest has been made.

After you have been arrested, you will be taken to the police station to be booked. Being booked means that you will be fingerprinted and a file will be opened regarding your case. After being booked, you will generally spend a short amount of time in jail while you await your initial hearing and arrange payment for bail.

While you are in jail, you are allowed to contact an attorney. Any person charged with a crime has the right to seek legal representation. It is very important that you at least meet with an attorney before your initial hearing. If you cannot afford an attorney, or you have not chosen an attorney yet, the court can and must appoint a lawyer for you.

During the initial hearing, you will be asked to make a plea of guilty, not guilty or no contest. Your attorney will advise you as to which plea is most favorable for your situation. Even if you are guilty you may opt to plead not guilty. Some defendant's choose to do this if they feel that the prosecutor does not have enough evidence against them to prove their case. If you plead not guilty, you will be given a trial in which it is the responsibility of the prosecution to prove your guilt. If you plead guilty or no contest, you will not be given a trail, rather you will go straight to a sentencing hearing.

If you are proven not guilty at your trial, you will be released from custody. If you are found guilty, you will be given a sentencing hearing.

A sentencing hearing is a hearing that allows all parties involved in your case to express the facts involving your case that may affect your sentence. These parties could include your accuser, yourself or persons who are defending your case.

After the hearing the judge will consider all evidence presented and then make a decision regarding your sentencing. Your sentencing could include additional jail time, monetary fines, community service or mandatory treatment programs. Depending on the severity of your crime, the evidence against you and your initial plea, the degree of sentencing could vary greatly. For smaller crimes, sentencing may only include a small fine and no jail time.

To insure that all of your rights are protected and that you receive the least sentencing possible, it is important that you hire a competent attorney and become knowledgeable about all of your rights.

Could you be a scam victim

title:Could You Be A Scam Victim?

author:News Canada

source_url:http://www. essayabc. com/articles/legal/article_15.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

1. Do you have a hectic lifestyle?

2. Could you use extra cash? Are you always on the lookout for a good deal?

3. Do you find it hard to say no to nice people?

If you answered yes to any of these questions, visit Industry Canada's Consumer Connection Web site at http://consumer. ic. gc. ca and take ten minutes to do their Fraud quiz. Answer all of the questions on the Quiz and a computer program will calculate your score and give you relevant tips on how to avoid getting caught by consumer scams and fraud.

It is shockingly easy to become a victim of fraud. Because of this the Fraud Files was launched. This is a program that offers clips of real people talking about becoming victims of fraud, and techniques thieves used to get their money. Fraud Files offers tips for recognizing a scam, how to protect yourself against fraud and a list of people to contact if you have fallen victim.

Consumer Connection is an award-winning Web site developed by the Office of Consumer Affairs of Industry Canada. It provides rapid access to consumer information, powerful tools to cut research time, and many useful links to consumer and other organizations. Canadians can access Consumer Connection from home, the public library, community access points or from Government of Canada, provincial and territorial service outlets. For a variety of information on everything from bank fees, to privacy rights, to the latest scams or frauds, this is the place to go.

If you are the victim of a dog bite or any other animal attack in new jersey you need to know your rights

title:If You Are The Victim Of A Dog Bite Or Any Other Animal Attack In New Jersey, You Need To Know Your Rights

author:Tony Merlino

source_url:http://www. essayabc. com/articles/legal/article_435.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Dog Bites /Animal Attack - Overview

In New Jersey there are thousands of people bitten by animals every single year. Dogs are responsible for most attacks that result in injury. In nearly all cases, in New Jersey, a person bitten by an animal has a legal right to recover damages.

Usually it is from the animal's owner, however there are others that may be found equally accountable.

What To Do If You Have Been Bitten

Seek medical attention immediately. Dog bites can cause serious injury, especially if the skin has been broken. An untreated animal bite can quickly cause severe infection if the animal was carrying disease.

I'm assuming you have already received medical attention. If not, do it now. Then, it would be wise to think about consulting with an attorney to discover the best course of action.

At this point you will need to determine two things.

1. Do you have a legal claim?

And

2. What damages are you able to recover as a result of your injury?

Your Case Evaluation

To determine whether you have a claim, our New Jersey dog bite lawyers consider whether the animal's owner was negligent and indirectly caused your injury.

How Much Compensation Can You Expect?

The circumstances surrounding the attack are obviously different in every case. It is therefore important to accurately determine who is responsible for an animal bite.

This is why it is essential for you to speak with a lawyer in order to determine the severity of the attack. The amount of compensation you receive will be determined largely by which parties are responsible and the resources available to cover your damages.

You may be entitled to compensation for a variety of different reasons. For instance:

Medical Bills · Pain and Suffering · Lost Wages · Mental Anguish · Emotional Distress · Psychological Injuries · Disfigurement and many more!

There have been cases where the victim is awarded punitive damages in order to actually punish an animal owner for reckless or intentional behavior.

For instance, a case where the owner is fully aware of an aggressive animals behavior and recklessly allows the animal run loose demonstrating total disregard for the welfare of others.

Should This Case Be Pursued? and Is It Worth The Time And Effort?

Let's face it. Lawsuits are expensive, time consuming and require a tremendous amount of effort. Unlike other forms of personal injury cases in New Jersey, animal bites are fairly straightforward.

New Jersey is a " Strict Liability State." What does this mean to you if you are a victim?

It means the owner "shall be liable."

That is a direct quote from the New Jersey State Statute 4:19-16.and leaves little room for interpretation.

Notice the statute did not say, "could be", "might be" or "should be." It is emphatic. It says, "SHALL BE LIABLE."

It is even unnecessary to prove the owner negligent. If the dog bites in New Jersey, the owner is flat out liable.

How much compensation you receive is largely dependant upon the severity of the injury and even more importantly how articulately your attorney approaches and presents the case.

There are however a few circumstances where the owner of the animal is not liable. For instance, if the dog was intentionally provoked, taunted or teased causing an attack or bite.

Another possible reason an owner will not be found culpable is that the incident occurred while the victim was trespassing on a properly posted property.

In the "perfect world" any amount of injury caused by an animal deserves to be addressed. However, in the "real world" you and your attorney must decide if the claim will actually result in a favorable outcome.

At the end of the day, does it have sufficient value? Is it worth suing a family member, friend or neighbor, considering the social ramifications?

This is a question that can only be answered by careful evaluation and is one of the first things you should consider and discuss with your attorney.

Be sure your attorney is expert at uncovering possible sources of compensation for animal attacks that you may never have considered.

When you need a personal injury attorney

title:When You Need a Personal Injury Attorney…

author:Peter Peckham

source_url:http://www. essayabc. com/articles/legal/article_262.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

We’ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person’s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short - or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

Why hire a personal injury attorney

Before you can make a decision as to whether or not you should hire a personal injury attorney / lawyer, you first have to know what a personal injury case is.

Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automobile accident where another was at fault would be a personal injury claim, there are many other matters that also fall under that heading.

A personal injury attorney / lawyer handles matters where there has been a personal injury, either physical or emotional, which was caused by the negligence of another. If there was no negligence then there is no case. There must be negligence, whether intentional or unintentional, on the part of another, for a claim to be valid. In other words, you would have trouble making a case against your landlord, where you spilled water on your kitchen floor and then slipped and fell because of the water. However, if the landlord had failed to fix the plumbing under your sink and the water was on the floor because of leaky plumbing then you may, I say may, have a case. There are other variables that could come into play and you would need to seek the advice of a good personal injury attorney, in order to determin your rights.

There are many matters other than car accident matters that can many times be included under personal injury, IE: slips and falls, workplace accidents (after a workplace accident you may be covered under workers compensation or disability but you may also have a personal injury claim), injuries caused during a storm or power outage, airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, getting beat up, robbed or otherwise injured inside or outside of a business, medical malpractice and even malpractice by an attorney.

There are many variables that can come into play in determining negligence and many times you may think that there was no negligence on the part of anyone when there actually was. I myself, know of a case where a party was struck by a car while riding a motorcycle and injured severely. He settled with the driver and the driver's insurance company for the $100,000.00 maximum of the driver's insurance policy. This settlement did not even begin to cover his medical bills. Some time later, a personal injury attorney, while speaking with a member of the injured party's family, found about the case and was asked to look into it for the family. The injured party was broke and paralyzed. The attorney did some checking and then agreed that, even though the man had accepted the settlement, there might still be a case. He then hired my detective agency and another to do further research. Finally, he filed a law suit against the car driver, the drivers insurance company, the motorcycle manufacturer and others. I won't go into the whole case, but suffice it to say that he went to trial and ended up obtaining a verdict against several of the parties, including the drivers insurance company and the motorcycle manufacturer, for several million dollars and the injured party is no longer broke. I might add that the attorney took the case on contingency and advanced, out of his own pocket, all of the expenses including court costs and investigation fees.

The point of the foregoing is that if you have been injured, you should seek the advice of a competent personal injury attorney even if you don't think that there is anyone at fault. Only a good experienced personal injury attorney can attempt to make that determination.

Media stunts for an injury claim

title:Media Stunts For An Injury Claim

author:Mohammad Latif

source_url:http://www. essayabc. com/articles/legal/article_308.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

The claims culture arrived in the UK and it was chaos. Door canvassers and telesales, knocking and ringing constantly for an injury claim.

Have you had an accident injury in the last 3 years? It went ballistic, new companies evolving and new tricks came into place that would work against the victim.

Did you ever understand what was said before you signed the agreement? I guess not. 'Don't worry it doesn't mean anything, the company will contact you and sort it out'. Did they ever?

Today there is so much jargon, i. e. crap out there that many people just ignore an injury compensation claim even if they need to claim compensation.

Helping Hand

In the beginning it was always a helping hand with your accident claim, until it was settled, with insurance and loan deductions. Policies were taken out in thousands that always back fired. And guess who provide the financial funded policies? The BANK! It could have even been your own bank.

It didn't help the victims as it was deducted from their compensation settlement, but surely helped the companies, who have now declared bankruptcy with millions 'scoped' from their victims. But today you have smaller companies doing a similar trick, we'll do this and we'll do that with their new format of technical small print.

Compensation Claim Culture Confusion

You'll get confused just like food, these many calories, this much protein or fat. There is so much advertisement going around that you just think forget it, stick to what we normally do. Don't take any action!

Compensation is an entitlement by law, for release of funds to the injured for being involved in an accident or being injured to some form. Accidents do occur, that's life as nobodies perfect. But with the media filling our heads with different slogans, headlines and examples, we get more confused even when it all should mean the same thing.

Publicity

On TV, there's new advertisers showing victims of an accident injury and how they have had an accident. But what they don't realise is, each accident is unique, so why portray victims as happy as they could ever be with their payouts. It's a marketing stunt. But unfortunately many do fall for it.

An accident solicitor in personal injury claims should only handle your case, not a solicitor in conveyancing. So you need a solicitor with experience in the appropriate field to handle an accident claim for it to be successful.

Browsing from one site to another is not going to help as their technical jargon can to some extent be diluted. We'll do this and we'll do that. Find something simple that will help.

The implications of income tax charge on estate planning

title:The Implications of Income Tax Charge on Estate Planning

author:Miss Janine Byrne

source_url:http://www. essayabc. com/articles/legal/article_142.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Overview

In the Pre-Budget Report of December 2003 the Chancellor Gordon Brown announced proposals to levy an Income Tax charge from 6th April 2005 in those circumstances where the transferor of an asset retains and interest or continues to benefit from that asset. In the instance of real property, the 'benefit' envisaged is the transferor continuing to reside in the property he/she has allegedly given away.

How the Charge Applies

The Government refer to such assets as 'pre-owned assets' and, broadly speaking, its intention is to tax the 'annual value' of such assets as a benefit-in-kind on the former owner still enjoying the use of the asset. The annual value on which the charge is based will be the open-market rental for a property or a fixed percentage of the capital value of most other assets to which the new charge applies. Any amounts which the transferor pays for the use of the asset - rent for example - will be deducted from the annual value in arriving at the taxable benefit.

The charge will also apply if a person provides the funds to purchase an asset which they go on to enjoy the benefit of after 5th April 2005.

Rationale Behind the Charge

The charge is intended to counter many Inheritance Tax planning schemes, but unfortunately, it will also impact many innocent and unintended victims. Thankfully, the legislation has included some exceptions to the application of the charge. The charge will not apply if;

The asset was gifted before 8th March 1986

The asset is owned by the transferor's spouse

The asset is, in fact, still caught by the 'Gifts with Reservation' rules and as such Inheritance Tax applies instead (hence, the Income Tax charge will not be levied on top).

The asset was sold at an arm's length price for cash (even if to a connected party).

The transferor of the asset had themselves inherited it and their ownership had ceased as a result of a Deed of Variation affecting that inheritance.

The transferor's continued enjoyment of the asset is merely incidental or has arisen only as a result of an unforeseen change in family circumstances.

The annual taxable benefit (after deducting any contributions by the transferor, where necessary) does not exceed Ј2,500.

The Inland Revenue have also confirmed that the charge will not apply in most cases where a taxpayer has funded life insurance policies held on trust. Finally, there is also an 'Opt Out' option whereby the transferor can opt not to pay the charge provided the asset is included back into their estate and therefore consequently being subject to Inheritance Tax.

The Implications of the Charge

Most of the Inheritance Tax Planning techniques usually involve a widow or widower having continued enjoyment of their former spouse's share of the property and thus it would appear on first inspection that in the majority of cases the charge would not apply as the transferor themselves would not be around to continue to enjoy or benefit from the property.

However, a problem seems to arise where a couple own their property as joint tenants prior to commencing their tax planning strategy and subsequently changing their ownership title to tenants in common. Where the widow or widower formerly owned the property as joint tenants they had a share in ownership of the whole property. This means that the new Income Tax charge could conceivably apply to their continued occupation of the property after their spouse's death.

A possible consequence of this for the future might mean that instead of acquiring property as joint tenants which has been the general rule, the wise policy would be to own the property as tenants in common instead. But how many people are aware of this distinction? Will legal advisors be prepared to explain the tax implications of acquiring property with the different legal titles?

Conclusion

How far will the new charge impact on current Inheritance Tax Planning schemes? As yet, it is too soon to tell, as the rules have not been fully fleshed out and as yet, it is too soon to say with any certainty what will happen and which schemes will be affected.

But it seem fair to argue that the current Labour Government is doing its utmost to tax its citizens at every possible turn.

Inheritance Tax avoidance schemes - indeed any tax avoidance scheme - are not unlawful. Planning for the future does not mean that people are engaging in tax evasion - which IS unlawful. But the policies being employed leave an uncomfortable impression of an angry parent chastising their child simply for being astute and planning for the future!

Needless to say, the whole approach leaves a somewhat bitter taste in one's mouth.

JsByrne

LLB (Hons) LPc.

www. Draft-Your-Will. com

No win no fee and power questions

title:No Win No Fee and 'Power' Questions

author:Mohammad Latif

source_url:http://www. essayabc. com/articles/legal/article_233.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

No win no fee is a 'meaningless' term to some people, but it's how solicitors work for personal injury cases. If you don't grasp the concept, then you can forget the final settlement cheque...

Nonetheless it's a popular term used by personal injury solicitors. There are advertisements all over the place, online and offline by solicitors and claim management companies. "If you lose, we won't charge you a penny" and many of the likes. But do you understand what it means...

A solicitor will mention he or she will work on a no win no fee basis. In an instant you'll think, 'if the solicitor loses, I don't pay anything', which is correct. But what happens if the solicitor wins?

That's right, there's a fee to pay. Not many people grasp this... they only think if they lose they don't need to pay. Majority of people think it's a free service. It's true... to a certain extent.

If the solicitor wins and you receive your final settlement, have they ever happen to mention, 'by the way I've won your case, my fees are ЈXXXX!' They've won, haven't they and you've received your cheque, but what about the fees?

What happens behind the scenes...

This is what happens but I must point out it doesn't apply to all solicitor firms. It all in the paperwork, some refer to it as the 'small print'. When a client wins, the fees are received from the 3rd party, who you are claiming against. But there are conditional clauses where you might even have to pay for their fees additionally if they are not recovered. Solicitors don't work for free, they also have a family to feed and a legal firm to run.

So what's the catch?

Solicitors have a CFA (conditional fee agreement), which states obligations to be carried out by both yourself and the solicitor. There are also other agreements such as insurance policies, medical consent forms, authority forms and loan agreements.

Your final settlement cheque depends on what forms you sign. So before you go ahead and start signing papers with any solicitor firm, ask them specific questions.

Will I get 100% of my compensation?

Will you charge me any fees, if so, why and how?

What's a Conditional Fee Agreement for?

Why is there an insurance policy for my claim and will it be deducted from my settlement cheque?

Why do I need sign a loan agreement?

These are 'power' questions you need to ask to be on the safe side rather than questions like:

How much will I get in compensation?

How long will my case take?

Is there any way to speed up the process so that I can get the settlement cheque quicker?

These are NOT questions in terms of the solicitor helping you. These are money related questions and not really helpful in the initial stages of a personal injury case. It's true that the final result is about the money, but not at this moment.

By asking 'power' questions, it won't have a burden on you once your claim is settled. Communicating with the 'right' no win no fee solicitor helps tremendously especially if you want the maximum final results. They are working with you, not against you. So get these issues out of the way before you sign any papers or you could end up in shock!

Law school accreditation

: Accreditaiton and what it means to you. According to the Merriam-Webster dictionary the definition of accreditation is "to recognize (an educational institution) as maintaining standards that qualify the graduates for admission to higher or more specialized institutions or for professional practice." Law schools generally fall into three catagories of accreditation, American Bar Association (ABA) accredited, state accredited or unaccredited.

ABA accreditation - According to the American Bar Association, "Law schools approved by the American Bar Association (ABA) provide a legal education which meets a minimum set of standards as promulgated by the ABA. Every jurisdiction in the United States has determined that graduates of ABA-approved law schools are able to sit for the bar in their respective jurisdictions. The role that the ABA plays as the national accrediting body has enabled accreditation to become unified and national in scope rather than fragmented, with the potential for inconsistency, among the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and other territories. The Council of the ABA Section of Legal Education and Admissions to the Bar is the United States Department of Education recognized accrediting agency for programs that lead to the first professional degree in law. The law school approval process established by the Council is designed to provide a careful and comprehensive evaluation of a law school and its compliance with the Standards for Approval of Law Schools."

State accreditation - Most states have their own accreditation process and in most cases give accreditation status to ABA accredited schools. However, there are many law schools that for one reason or another do not meet all of the ABA accredition requirements. Some of these schools, however, do meet the states requirements. Note: State requirements can vary by state. If a school meets state requirements it can apply to that state for state accreditation.

Unaccredited - According to the California Bar Association "An unaccredited law school is one operating as a law school in the State of California that is neither accredited nor approved by the Committee, but must be registered with the Committee and comply with the requirements contained in Rules XIX and XX of the Admission Rules, applicable provisions of the California Rules of Court and relevant sections of the California Business and Professions Code. A law school operating wholly outside of California is unaccredited unless it has applied for and received accreditation from the Committee or is provisionally or fully approved by the American Bar Association." Rules in many other states are the same.

Most states require that you meet certain requirements prior to being eligible to take their bar examination. The California Bar states "To be eligible to take the California Bar Examination, one must have completed at least two years of college before beginning the study of law or must have passed certain specified College Level Equivalency Program examinations before beginning law study and must have graduated from a law school approved by the American Bar Association or accredited by the Committee of Bar Examiners of The State Bar of California or have completed four years of law study at an unaccredited or correspondence law school registered with the Committee or studied law in a law office or judge's chambers in accordance with the Rules Regulating Admission to Practice Law in California." Most states have similar requirements.

The foregoing suggests that many states will not allow, non ABA accredited out of state law school graduates to take their bar examination, unless they attended school in that state or a school that is certified by that state. Therefore students graduating from non ABA accredited law schools may not be allowed to practice in any state other than the state they attended school. Note: Some states have reciprocal agreements with other states allowing attorneys registered in one state to become a member of the bar in another state without taking a bar examination in the new state.

Notwithstanding the foregoing, there are many fine law schools in this country that are not ABA accredited. Additionally, many ABA accredited schools do not offer night time or part time classes. Finally, there are many more applicants that spaces available in ABA accredited schools, forcing many good students to attend other schools. Therefore, accreditation should not be your only criteria in choosing a law school or in deceiding whether or not to hire a particular law school graduate.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission.

Health insurance coverage

title:Health Insurance Coverage

author:Mike Yeager

source_url:http://www. essayabc. com/articles/legal/article_56.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

Health insurance is something that everyone needs today. The rising cost of visiting a health care provider or a hospital stay makes it imperative that everyone have some type of health care coverage. Government statistics estimate that over 40 million people in America are not covered by any type of health insurance on any given day. That's an enormous number of people who really are taking a financial risk.

While most Americans are able to obtain some type of health insurance through their place of employment, many others, the underemployed, the self-employed and the unemployed simply don't know where to find good, quality coverage at a fair price. The Census Bureau estimates that nearly 15% of the population has no coverage. The long term effects of this are hard to quantify because it means that young children do not see a health care provider unless they are seriously ill. Unfortunately this approach while appearing to save money can be devastating to the long term health of the child.

Health care providers and other experts all recommend that every one have some type of health insurance for the necessary time when they'll need to visit their Doctor or hospital.

We’ve searched all over the web and have located a few quality companies that we feel are not only financially sound and secure, but which also offer competitive rates. You don’t need to even sit down and visit with an agent, all the information gathering and work can be done over the internet.

You’ll find the best life insurance for your needs that will comfortably fit into your budget. Solid life insurance will give you peace of mind and confidence.

Our world of credit cards which one is right for you

title:Our world of Credit Cards! Which One Is Right For You.

author:Mike Yeager

source_url:http://www. essayabc. com/articles/legal/article_60.shtml

date_saved:2007-07-25 12:30:13

category:legal

article:

There are not many of us who do not have a credit card these days. But, not all of us are as wise in the area of understanding how they work and how they make money. There are many types available to the young and old. Student credit cards even begin to get teenagers into the world of credit cards. Secured credit cards, cards that usually can't be written off, are even misleading in their name. So, what does that discover credit card in your wallet actually do for you?

Even young adults are being lured into the world of credit cards. Student credit cards are widely available. Some link the parent to the card, others are geared towards college students who most of the time don't even have jobs to pay for them. They seem like a great way to pay for college expenses, but the fees can be outrageous.

A big trap is secured credit cards. While there are always options out there that are legit, there are many others that are not. Often times, people with little or no credit or even bad credit can get a secured credit card. These are credit cards that are linked to savings accounts which require a minimum balance to be kept. While this seems easy enough, if you default on it, they can claim their money through that savings account. Another aspect of these types of credit cards are the fees associated with them. They often require set up fees, sometimes in the hundreds of dollars. They may have monthly and yearly fees as well. They may seem like a great way to establish or reestablish credit, but you will need to read the fine print for the secured credit card.

The goal of any credit card company is to make money. They do this by charging you an interest rate. The rate varies greatly from one company to the next depending on your credit status and credit history. But, your goal is to find the low interest credit cards. Many times, if you are in good standing with a credit card company, you can call them and request that they consider you for an interest rate cut.

Next to paying off your entire credit card bill each month, finding the lowest rates is often very important in order to save money. With the Internet as a tool, you can search for different types of credit cards and learn which companies offer the lowest rates. Many companies are equipped to take and accept credit card applications online within minutes. But, be wise and read the fine print to avoid falling into traps and outrageous fees.

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