tag:blogger.com,1999:blog-2154230628638522802024-08-30T00:43:41.285-07:00Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.comBlogger392125tag:blogger.com,1999:blog-215423062863852280.post-22522356174096137852012-08-24T13:00:00.000-07:002012-08-24T13:00:04.186-07:00 <P>Actually, you don't even need to file for bankruptcy to prevent creditors from calling you. All you have to do is inform them in writing that you don't want them to call you. All they can do after that is to send you a final demand letter before filing a lawsuit against you.</P><P>Nevertheless, once you do file for Chapter 7 bankruptcy, your creditors, secured and unsecured, are automatically precluded from trying to collect what you owe them. It's called "automatic" stay because court issues this injuction on its own initiative without you even asking for it. This is to give you some peace of mind and to ensure that the bankruptcy trustee, and not your creditors, will decide what you get to keep. Even non-dischargeable loans are subject to the automatic stay.</P><P><STRONG>When the stay applies</STRONG></P><P>Credit card, medical debts, attorney's fees. Creditors cannot file a lawsuit against you or proceed with the old one.</P><P>Utility disconnections. Utility companies may not cut off your service for 20 days after you file.</P><P>Overpayment of public benefits. Government cannot reduce your current payments to make up for what you owe them.</P><P>IRS liens.</P><P>Foreclosures are initially stayed but will be lifted if you've already filed for bankruptcy within the last two years and the court allowed the lender to proceed in that previous case. This is done to prevent people from filing for bankruptcy just to prevent foreclosures. However, the court will likely lift the stay if the foreclosure will ultimately occur. If keeping your home is a priority, Chapter 13 bankruptcy might be a better option.</P><P><STRONG>When the stay does not apply</STRONG></P><P>Certain types of collection actions against you are not prohibited by the automatic stay:</P><P>- Tax proceedings, such as IRS tax audits or demands for payment.</P><P>- Most divorce and child support proceedings.</P><P>- Pension loans.</P><P>- You had a prior bankruptcy case pending within a year before filing. In this case, automatic stay will be effective for 30 days only in the present case.</P><P>- You've missed the deadlines for dealing with secured debts (where some of your property is a collateral in case you don't pay).</P><P>- Evictions, if the landlord already got a judgment against you before you filed for Chapter 7 bankruptcy or the landlord claims you've endangered the property or used controlled substances on the property. Otherwise, automatic stay does apply but the landlord is likely to eventually prevail on a motion to lift it and evict you.</P><P>To find out more about the bankruptcy process, please contact San Diego business and employment attorney Sergei Tokmakov. Call now (858) 205-5665 for a free consultation or free bankruptcy articles.</P><br /><p><a href="http://EzineArticles.com/6855443" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com1tag:blogger.com,1999:blog-215423062863852280.post-76193814212940398072012-08-23T18:36:00.000-07:002012-08-23T18:36:01.501-07:00 <P>Even if you know exactly how much you should pay for a gallon of gas (or a gallon of milk, for that matter), you may find yourself completely clueless when it comes to hiring an attorney and how much you should be spending. It isn't even easy to find cost comparisons online. The world of legal fees is a mystery to most people, which is why they seldom know whether or not they should be willing to pay what a lawyer is asking. Are they getting a good deal? Are they being ripped off? How much should they be spending, anyway? To know the answer, here are some considerations you should keep in mind.</P><P>Initial Consultations</P><P>If you're expected to pay for your initial consultation, you should probably just hang up the phone. There are too many good law firms out there that offer free initial consultations to bother with those that don't. A good attorney won't need to squeeze a potential client for money even before they've signed a contract. While the best business lawyers in New York may be able to get away with this, a divorce lawyer in a small town certainly shouldn't be able to. If they are already charging you for what should be a free meeting, you're probably not going to like what they charge you for actually taking you on as a client.</P><P>Rates</P><P>The usual attorney will charge his clients in one of two ways. Either they will charge a flat rate, meaning you pay such and such amount and that covers you for whatever transaction, trial, or situation you're hiring them for, or they will bill you for each hour they work on the case. Both types of billing have their upsides and downsides. If you pay a flat rate, you won't have to worry about costs spiraling out of control. On the other hand, there's little incentive there for the attorney to work harder on your case. Hourly billing has the opposite problem. If you hire a lawyer with an excellent reputation, however, you won't have to worry about sneaky billing practices.</P><P>Don't Shop Solely on Price</P><P>Hiring an attorney isn't like buying a used car. You shouldn't be looking for the rock bottom price. You should be looking for someone with a good reputation, plenty of experience, and the ability to handle your case in a professional and expeditious manner. If you hire the cheapest guy in town, you're going to get service commiserate with that cost.</P><P>Not every Baton Rouge Attorney offers the right experience for your legal needs. To hire a lawyer with a winning track record, visit josephkscott.com.</P><br /><p><a href="http://EzineArticles.com/6881192" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-42970190291519471742012-08-22T22:03:00.000-07:002012-08-22T22:03:00.882-07:00 <P>If you've been injured as the result of a collision with a semi, you may want to browse the truck accident attorneys in your area to find representation. While, comparatively speaking, semi tractor-trailers cause far fewer accidents on the roads than your typical automobile (perhaps due solely to their relative scarcity), the danger they pose is real. A car that runs into another car at low speeds is unlike to cause injury or death. A car that runs into a truck (or vice-versa) can create serious problems even when the vehicles aren't traveling very quickly. Trucks are far heavier than even the largest cars and there is little give to them in a collision. If a collision occurs as a result of negligence, you may be entitled to compensation.</P><P>Because the other vehicles on the road are at such a disadvantage, there are often laws in place demanding that the drivers of large scale tractor-trailers exercise greater caution while driving. This includes making sure they are at or under the weight they should be, following specific DOT rules as it pertains to driver fatigue and work hours, and obey laws such as keeping to the right and staying off certain roads. When these laws are violated, other drivers and the driver of the semi himself can be put into danger. This is also where negligence can come into play.</P><P>Truck accident attorneys are no different from personal injury lawyers in other fields (and in fact often practice in a wider swath of the law), but they also have extensive knowledge of what to look for in cases such as these. One of the first things they examine is whether or not the driver of the semi was on the clock when the collision occurred. This can have serious ramifications when it comes to who is held liable for the damage. A driver on the job may have not only put himself in the path of liability, but his company as well.</P><P>While not every case involving an auto collision necessitates the need for a settlement or a lawsuit, it is a major mistake to move forward with either path without the help of a lawyer. Truck accident attorneys may not win every case they take on, but they certainly have a better track record than individuals that try to take on companies by themselves. If you hope to be compensated for your injuries and loss, make sure you hire a good lawyer with the experience and tenacity to fight for your rights.</P><P>Orlando truck accident attorneys have the expertise to help you win the compensation you deserve. Don't fight the insurance companies on your own, visit http://www.hornsbylawgroup.com/.</P><br /><p><a href="http://EzineArticles.com/6879372" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-86104496848425450452012-08-21T20:51:00.000-07:002012-08-21T20:51:00.135-07:00 <P>Financial litigation is an area of law that covers cases which deal with financial matters. It includes a wide variety of financial related laws and regulations. Here are examples of some of the areas included in financial litigation.</P><P>Money Owed to Businesses</P><P>If money is owed to a business, with no sign of this debt being paid, then they may seek legal assistance to make sure they received what they are owed. The most common situation where this is required is when someone has failed to pay an invoice despite being reminded several times. Businesses usually prefer to avoid legal proceedings but are sometimes forced to take this route. An example of this could be where a builder has carried out an extension on someone's home but the homeowner refuses to pay. The builder may eventually contact a financial litigation solicitor for assistance.</P><P>Disputes Between Businesses</P><P>There are a multitude of financial disputes that can occur between two businesses. The most common is when one business owes money to another, often in exchange for a service that has already been carried out. An example is where a printing business has produced brochures for another company, who have yet to pay the agreed fee.</P><P>Money Owed to the Government</P><P>The most disputed issue relating to money being owed to the government is connected to outstanding tax bills. Cases that go all the way to court more often than not involve taxes owed by businesses. The government may use financial litigation lawyers to begin legal proceedings against the business concerned, while the business may hire their own lawyers to fight the case on their behalf.</P><P>Financial Fraud</P><P>There are several areas of financial fraud that can lead to legal cases. Once of these is embezzlement, which is where someone has taken ownership of funds or possessions in their trust but which don't belong to them. Another example is money laundering, but there are also many others.</P><P>Mergers and Acquisitions</P><P>Mergers between businesses and businesses purchasing other businesses is a complex issue with many financial aspect involved. This, in turn, means there are many financial related legal matters to attend to, from the price paid to the share owned by different partners.</P><P>Administration and Liquidation</P><P>Unfortunately, there are times when businesses are failing and they may need to go into administration or be liquefied. There are obviously legal processes that must be undertaken where these situations arise.</P><P>Banking</P><P>There are many legal aspects to banking and it is important banks, and other institutions in the industry, adhere to the law. Financial litigation can cover a wide array of banking issues.</P><P>Financial litigation covers a wide range of legal requirement and disputes. Every industry, as well as individuals, may at one time or another be in a situation where financial litigation is required. The above are just some areas where it may be necessary, but is nowhere near an exhaustive list. Any legal matter involving finance could be described as coming under financial litigation.</P><P>Andrew Marshall ©</P><br /><p><a href="http://EzineArticles.com/6885054" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-47685799072684956942012-08-21T01:56:00.000-07:002012-08-21T01:56:00.305-07:00 <P>As you get older, you may be aware that your adult child who is disabled or unable to work and receives SSI or Medicaid benefits, may never be able to take care of him/herself. A concerned parent should be aware that there are ways to protect that disabled child for his/her lifetime and not endanger the child's government benefits. The best way is to create a SPECIAL NEEDS TRUST.</P><P>A Special Needs Trust (SNT) can be created from the child's own money - such as an inheritance, an insurance payout, or a personal injury settlement -- or the money of a third party. This trust created from the individual's own funds is more expensive because it must be approved by the court. The easiest and least expensive SNT to make is when a parent or grandparent or other third party pays for the trust and contributes a sum of money for the benefit of the disabled person, who is known as the beneficiary.</P><P>One of my clients had a brother who, at 45, was unable to hold a job due to severe COPD. The brother received SSI and Medi-Cal but had very little money for anything beyond basic necessities. The sister wanted to contribute $100,000 for her brother's lifetime special needs. She paid for the trust and named her other brother as trustee. The trustee set up a bank account in the name of the trust and used the funds to pay for disabled brother's needs, above and beyond his room and board, which are the only things covered by government benefits.</P><P>WHAT ARE THE ADVANTAGES OF A SPECIAL NEEDS TRUST?</P><P>· An SNT ensures that a disabled person with assets over $2000 will still qualify to receive SSI, Medi-Cal and other government assistance necessary for their health and well-being.</P><P>· An SNT gives peace of mind to parents that their disabled child will be taken care of when they are no longer physically able to provide the care.</P><P>WHAT ARE THE DISADVANTAGES OF A SPECIAL NEEDS TRUST?</P><P>· A diligent trustee must be appointed who must handle all the money in the trust. The trustee's job and could last a long time - for the entire lifetime of the disabled person.</P><P>· The beneficiary may never receive cash from the trust - only items for his/her special needs, such as medical and dental expenses, medical equipment, training and education, insurance, transportation, entertainment, even vacations, automobiles, real property, modifications to accommodate the disability and other items to improve the quality of life. The trustee pays for everything and the beneficiary receives what the trust has paid for.</P><P>· Most disabled persons want to handle their own money and must be convinced that this would disqualify them from receiving government benefits.</P><P>· Special care must be taken about distributions if the beneficiary is on Section 8 housing.</P><P>I f you have a child who will need outside assistance for the rest of his or her life, see an attorney sooner rather than later to discuss the possibilities of setting up a Special Needs Trust. You'll sleep a lot better once the action has been taken.</P><P>DERRYL H. MOLINA is an Estate Planning and Elder Law Attorney, as well as a mediator, in San Jose, California, who helps clients to execute, reform and administer trusts and offers assistance with conflict-resolution, Elder Law and Medi-Cal Planning. In her office, your needs about contracts, Probate, Conservatorships and Guardianships are also handled. She can serve as your Full Life Care Planning Attorney. You can contact Derryl H. Molina at 408.244.4992 or at her email: attderryl@comcast.net.</P><br /><p><a href="http://EzineArticles.com/6845346" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-77377380596627062012-08-20T07:02:00.000-07:002012-08-20T07:02:00.656-07:00 <P>Many businesses supply goods on credit subject to 'retention of title' provisions in their sales agreements. This article discusses the effect of the Personal Property Securities Act 2009 registration system (effective 30 January 2012) on the enforceability of such provisions.</P><P>What is a 'retention of title' provision?</P><P>In normal circumstances, title (more commonly referred to as ownership) in relation to goods sold passes to the buyer immediately. A typical transaction might take place in a shop, involving the exchange of money for a product, with the buyer becoming the owner of that product when the money has been given to the shop assistant.</P><P>Even if payment is not made immediately, contract law says that in most circumstances the buyer becomes the owner of a product when the agreement for sale is made. From the seller's perspective, ownership of the product is replaced by a debt owed to the seller by the buyer.</P><P>However, an agreement for sale can include a provision whereby the seller retains ownership until the agreed price for the product has been paid in full.</P><P>Are 'retention of title' provisions still effective?</P><P>Prior to 30 January 2012, such provisions were generally effective against other creditors of the buyer, subject to the agreement being proved... ie, subject to the seller having evidence of the arrangement. It is important to note that such provisions were not generally effective against a subsequent purchaser in good faith, such as where the initial buyer fraudulently on-sold the product to an innocent third party.</P><P>Now, from 30 January 2012, retention of title provisions can also be defeated by another creditor of the buyer, where that creditor registers their interest on the Personal Property Securities Register (the PPSR).</P><P>For example, you may sell a product on the basis that you retain title until payment has been made in full. The buyer takes possession of the product and takes it to their office. The next day the buyer enters into a credit agreement with a finance company, giving that company security over all of the assets of the buyer's business. The finance company registers a financing statement on the PPSR. A few weeks later the buyer's business goes into liquidation. According to the PPSR and the Act, the finance company is entitled to priority in relation to the product, and may therefore have possession of it... your 'retention of title' provision becomes worthless.</P><P>If you had registered your own interest in the product on the PPSR (within 15 days of the sale) that would have 'perfected' your security interest. The finance company's interest would then have been secondary to yours, and upon the buyer going into liquidation you would most likely have been able to recover your product from the liquidator.</P><P>What is a financing statement?</P><P>This is a standard form document described in section 153(1) of the Personal Property Securities Act 2009, that includes the following information:</P><P>- Details of the secured party (eg, the seller)</P><P>- Details of the grantor (eg, the buyer)</P><P>- The secured party's address for notices, and any relevant 'identifier'</P><P>- Description of the collateral (eg, the product supplied) and proceeds</P><P>- The date when the registration ends</P><P>- Indication of subordination... where some other interest has priority</P><P>- Whether the secured party's interest is a 'purchase money security interest'</P><P>- Other details prescribed in the Personal Property Securities Regulations 2010</P><P>What about products sold subject to 'retention of title' before 30 January 2012?</P><P>Section 322 of the Act provides that a security interest arising from a 'transitional security agreement' - eg, an agreement which was in force before 30 January 2012 in relation to collateral - is perfected without registration for up to 24 months.</P><P>However, as a transitional security interest is not recorded on the PPSR, it will not show up in a search of the PPSR. This raises the possibility of a liquidator selling or disposing of secured property because he or she is unaware of a relevant security interest. Recoverability of that property will then depend on whether the transitional security agreement complies with the Act's requirements in relation to signature/acceptance of the agreement and description of the collateral. The right to recover some items, such as inventory, may be lost once those items have been sold or disposed of by a liquidator.</P><P>Although this new regime addresses many shortcomings of the previous state laws, failure to perfect title by registration on the PPSR may now have disastrous consequences for a seller or lender. In particular, professional advice should be sought where it is intended to rely on the transitional arrangements in relation to significant transactions.</P><P>Stephen Bourne is a lawyer in Australia (see profile ), and also contributes articles and case summaries to the Ekupu Law Library website. Stephen has law and business qualifications, and is a Fellow of the Australian and New Zealand Institute of Insurance and Finance.</P><br /><p><a href="http://EzineArticles.com/6862984" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-81935825651890830992012-08-19T07:51:00.000-07:002012-08-19T07:51:00.247-07:00 <P>The right to manage is a legal right awarded by the Commonhold and Leasehold Reform legislation which came into force in 2002.</P><P>Its purpose is to give leaseholders more control over where they live. This could be for several reasons, including the desire of leaseholders to take over the management of their property due to a bad landlord or simply because the leaseholders own most of the value of the property and they want to decide how it should be managed, too. In order to acquire the right to manage, the leaseholders must go through the process of right to manage company formation. This company is then used to manage the property and the previous management of the building - usually the landlord - is also entitled to membership of the company. There is no need to get a court order to invoke the right to manage and you don't need to get the landlord's permission to seize control, either. However, the 2002 Act lays down a process that you need to follow and you will need to complete the right to manage company formation prior to serving your landlord with a Notice of your intent.</P><P>It is important to consider who would actually be managing the property following the completion of the right to manage process. This does not necessarily have to be done by the leaseholders because the right to manage is simply a transfer of the responsibility for management. This means that tenants can hire an outside company to take care of the day to day management on their behalf and this is often seen as preferable, due to the specific skills and experience needed to successfully manage a block of flats.</P><P>Before undertaking the right to manage company formation, leaseholders will need to consider the responsibilities that come with doing so. Forming a company of any kind obliges those involved to learn about company procedures or at least hire someone who can advise on those subjects. Leaseholders will also need to make a long term commitment to the company and serve as company directors - as well as landlords of the property once the process is complete. The company officers will also be responsible for keeping the company afloat, so it is important that all leaseholders make their payments on time and observe all their responsibilities.</P><P>Overall, obtaining the right to manage requires a commitment from everyone involved, but it ultimately gives leaseholders more control over their affairs and is, as such, a positive thing to do that can produce very good results for everyone involved.</P><P>If you want to talk to someone about the right to manage your own block. Talk to Bonallack and Bishop, Solicitors specializing in right to manage company formation. Senior Partner Tim Bishop sees himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 13 years.</P><br /><p><a href="http://EzineArticles.com/6859025" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-29109869020690833462012-08-18T13:43:00.000-07:002012-08-18T13:43:00.865-07:00 <P>The first step in finding a solution to the problem of drunk driving is to first identify its causes. Numerous people drive drunk every day, despite the well-known negative consequences. Why?</P><P>Alcohol-induced loss of judgment.</EM> A drinker's good judgment is normally undermined after two drinks for an average woman, and four for an average man. After drinking and having compromised judgment, the drinker would often fail to realize how his or her existing condition may be unsuitable for getting behind the wheel.</P><P>Over-confidence.</EM> Since alcohol also causes a boost in confidence, the drinker may be more convinced than usual about being able to drive in that condition, which would prove even more dangerous. This overconfidence becomes more pronounced if one has already survived driving drunk once before, with the driver coming under the false impression that alcohol enhances his or her driving skills.</P><P>Lack of Planning.</EM> This is one of the leading reasons of drunk driving. If you are going someplace, where you might be drinking, arrange a ride that will take you back home after you're drunk, because you don't know how drunk you will be by the time you're done. If you don't plan on drinking at the party, its best to consciously refrain from it.</P><P>Rationalization.</EM> The thought of not driving because of their drunken state does cross the minds of some drinkers before they get behind the wheel. But they try to deal with that thought through rationalization by telling themselves why it is okay to drive in that condition. It is important to remember that in that state of compromised judgment, no rationalization can be rational enough. If you survived drunk-driving once, you got lucky. Don't push that luck.</P><P>Pressure.</EM> This mostly applies to the teenagers. They are afraid of calling home and asking for a ride when they are too drunk to drive, the sole reason of which is peer pressure. They start wondering, "What would my friends think if they knew I was too scared to drive drunk?" The thing is that it doesn't make you a coward, asking for a ride because you're too drunk to. Any parent would rather pick their drunken child up from a party than pick him or her up dead from the morgue.</P><P>Lack of education.</EM> This may sound shockingly odd to those of us who know the effects of drinking on driving, but there's a large number of people who have no idea as to the existence of a dangerous connection between drinking and driving since both tasks, separately, are such normal parts of their everyday lives. More importantly, there are an even larger number of people who know about the adverse effects of drunk driving, but have no idea about the entire meaning of driving under the influence, which is the main problem: driving under the influence of drugs. They fail to acknowledge that being under the influence of even the simplest over-the-counter drugs can also cause horrible accidents by impairing your driving skills.</P><P>If you require legal guidance regarding DUI, please visit: Phoenix DUI Lawyer</P><br /><p><a href="http://EzineArticles.com/6887969" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-60916247926511727412012-08-17T13:38:00.000-07:002012-08-17T13:38:00.746-07:00 <P>It is commonly believed that alcoholism, which is defined as "an addiction to the consumption of alcoholic liquor or the mental illness and compulsive behavior resulting from alcohol dependency," is one of the leading causes of drunk driving. However, studies have shown that this statement is false since it was found that most people with DUIs (people driving under influence of drugs or alcohol) are not even alcoholics.</P><P>There are severe laws against drunk driving in the US. They are collectively known as DUI or DWI laws. There's an entire procedure to be followed if you are caught or suspected to be driving drunk.</P><P>The primary trigger of suspicion while driving drunk is the apprehensive driving behavior of a person. When a traffic police officer notices any kind of such driving behavior, he has the authority to call a traffic stop on that vehicle. If, at the stopping of the vehicle, the officer observes slurred speech, general incoherence, and/or odor of alcohol, he has the authority to order a field sobriety test. These tests don't measure actual blood alcohol content level, but they measure the coordination of the suspect, requiring the demonstration of good judgment and motor skills.</P><P>Failure to exhibit these will lead to the officer demanding a BAC test (Blood Alcohol Content test.) To pass this test, the level of alcohol in your blood should be lower than the legitimate limit set by the state. In most states, this limit is.10% BAC, while in others it is as low as.08% BAC. For drivers under the age of the legal drinking age, which is 21 years, this limit is normally zero, but in some states it can be as high as.02% BAC. Since the BAC in a person's body lowers over time, this test must be administered quickly if the officer wishes to gather evidence to make a DUI charge. For this reason, police officers mostly use breathalyzers rather than standard blood tests, as breathalyzers are minimally invasive as well as quicker as they immediately calculate the blood alcohol content in a breath sample.</P><P>However, it is important to note that no DUI suspect is bound by law to follow any of the procedures, after the traffic stop. Before the tests are administered, protocol requires that the suspect be given the right to remain silent and the right to a lawyer. Once the suspect avails his right to a lawyer, no further questioning is allowed, and no tests can be administered.</P><P>If you require further information, please visit: Drunk Driving</P><br /><p><a href="http://EzineArticles.com/6875044" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-72028374078854750802012-08-16T10:38:00.000-07:002012-08-16T10:38:00.884-07:00 <P>When setting up a brand new business partnership, the last thing you will be considering is the possibility of a dispute arising in the future.</P><P>But it is often the case that partners will blame each other if a business fails to prosper, and this will inevitably lead to a partnership dispute. Whether it's a partnership of solicitors, accountants, or even GPs, it is therefore essential for all partners to have a written partnership agreement drawn up by a solicitor who is experienced in this field.</P><P>Although a written partnership agreement is not a legal requirement, it is essential for all involved to protect themselves from any future business partnership dispute or legal action. You will naturally not expect any problems of this kind when the business is starting, but none of us can see into the future, and it is only sensible that both you and your partners know where they stand. But what should you include in you partners agreement.</P><P>It should, of course, be an agreement on which all involved are decided. The business will not run smoothly if any of the partners are unhappy with the agreement. But there will probably need to be an element of compromise from all partners, and the way that the partners work together when drawing up a partnership agreement will be a good indication of the way they are willing to work together in the future, through good times and bad.</P><P>Above all, a written partnership agreement is there to protect and safeguard the partners. Having a written and legal document will set out exactly where each of the partners stands, their share of the investment and their responsibilities. Any business partnership dispute which may occur in the future can be largely avoided if the terms of the agreement are adhered to.</P><P>Of course, the written partners agreement need not be set in stone. As your business grows, individual circumstances will change, and things that were not thought about at the time of the agreement being drawn up may have to be included. This is just one of the benefits of a written agreement. It is flexible, and can be amended at any time, but it is the most sensible course of action to make sure that all partners' responsibilities and roles are set out clearly, to avoid future misunderstandings or business partnership dispute which would have arisen if any partner were not clear about what was expected of them, and what they expect from each other.</P><P>If you are going through a partnership dispute, contact Bonallack & Bishop. They are a firm of business partnership dispute lawyers. Senior Partner Tim Bishop is responsible for all major strategic decisions. The firm has grown by 1000% in 13 years.</P><br /><p><a href="http://EzineArticles.com/6861152" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-82307796325208454122012-08-15T15:41:00.000-07:002012-08-15T15:41:00.200-07:00 <P>When you need to find a lawyer, whether it is for a tort action, civil suit, criminal case, divorce settlements, or any other legal battles you are involved in, the use of a legal directory is the best method to find the lawyer for services. Depending on the type of case, whether or not you are required to go to court or are trying to settle out of court, the prices and budget you have to spend on a lawyer, and various other factors which one must consider when choosing a lawyer, they will find that the use of a legal directory to find a lawyer is the best method to do so.</P><P>There are both print ads (such as phone book services, or the local Bar Administration offices, which can print out a listing of the directory), or online resources one can turn to, in order to find an extensive directory to use, when they need to find a lawyer for legal services and advice. The search methods will vary, depending on which directory you are using, therefore finding the lawyer of choice can be done in a variety of manners, depending on the option you choose for finding them. Some directories will list lawyers by: the type of law they practice, last name or first name, the number of years they have been in practice, the referrals they receive from others, their rankings, or various other search methods. Therefore, when choosing the directory you will use to find a lawyer, one must determine the search method they find easiest, in order to choose the right lawyer for services.</P><P>The option to use a directory, in order to find a lawyer, is something that all individuals requiring legal services should consider. Not only will the directories list all of the local lawyers, which are accredited, and hold a State Bar Card to practice in a certain area, but depending on the directory you use, you will also be able to view information about each lawyer, their practice, experience, and various other pieces of information about the lawyer. So, even before you decide whether or not to contact a particular lawyer for a consultation, by using the directory option to find a lawyer, you are going to have some in depth information about them, their practice, and their levels of experience in dealing with the type of law they practice in.</P><P>No matter what type of case it is, how much money is involved, or whether you want to stay out of court and settle, or try to take the case to court to get the highest amount in damages, the first step is to find a lawyer that has the qualifications to do the job, and ensure the best legal services and advice to you as their client. In order to find that lawyer, you must use all print and online directories available to you, in order to have a full listing of all available lawyers, and in order for you to make the most informed decision on the lawyer you are planning on hiring for the job.</P><P>The use of a legal directory can help you find a lawyer to help with all your legal needs. Visit http://www.legalfindcanada.ca/ today to find the right lawyers and legal services for you.</P><br /><p><a href="http://EzineArticles.com/6855230" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-86746012164821084112012-08-14T16:53:00.000-07:002012-08-14T16:53:00.897-07:00 <P>The issue is whether [facts] constitute discrimination against [person] under s 19 of BORA.</P><P>Section 19 is designed to ensure people are not treated differently unfairly, a core feature of a society based on democracy and freedom where each individual is valued as a person, worthy of dignity and respect.</P><P>The NZ Courts (Northern Regional Health Authority) have adopted a two-step approach to analyzing s 19, firstly establishing a prima facie breach of s 19 and then adopting a s 5 analysis to see if the breach is justified.</P><P>Law v Canada adopts an alternative 'purpose' approach, I will not follow that as the New Zealand HC in Atkinson distinguished that approach as (a) BORA has no guarantee of equality analogous to s 15(1) of the Canadian Charter (b) S 20L(2) of the HRA indicates a two step approach (c) S 21 of the HRA does not indicate any evaluative process However, the contextual factor discussion in Law and it's focus on dignity forms part of the s 5 analysis.</P><P>STEP 1 - IS IT DISCRIMINATION UNDER S19?</P><P>"Differential Treatment..."</P><P>In order to find Prima Facie discrimination under s 19 [person] must first establish a differential treatment or effect, that is either;</P><P>• A formal distinction based on a personal characteristic. <BR>• A failure to take into account an existing disadvantage which has the effect of differential treatment.</P><P>Differential treatment must be identified as compared to finding a similarly situated comparator group. (Wilson, affirmed in NZ in NRHA). NOTE Natural starting point is that the claimants view is not always sufficient. The Court can't invent a group but can refine Law.</P><P>Therefore this reg/act has the effect of differential treatment.</P><P>"...on a prohibited ground..."</P><P>By virtue of BORA s 19(1) any ground of discrimination in the Human Rights Act 1993 is a prohibited ground. This reg/act discriminates on the ground of HRA s?? as [APPLICATION] NOTE INDIRECT s 65 - NHRA affirmed that broad approach required focusing on effect.</P><P>"...that disadvantages the complainant..."</P><P>This not limited to the motive but is a discriminatory impact, NHRA. Law v Canada places an emphasis on substantive discrimination based on the concept of dignity. CONTEXTUAL FACTORS - Law (a) Pre-existing disadvantage, incl stereotyping (if furthering stereotype enough for prima facie) (b) Historic disadvantage - important but not determinative, no presumption diff treatment is discriminatory (c) Don't need to establish a sociologically recognized group (d) No presumption that diff treatment is discrimination (e) Not disadvantaging if advantaging another group and if you are more advantaged relatively.</P><P>Positive Discrimination - Hugo Cannot achieve the goal of a fair society by insisting on equal treatment Look at policy considerations Can't complain not given an advantage to which you have no right</P><P>Dissent - Kriegler J Need to be based on factual circumstances not conjecture Blunt axe approach not appropriate Can serve to increase discrimination by reinforcing stereotypes</P><P>[Name] has been disadvantaged in that [App]</P><P>STEP 2 - LIMIT ON RIGHTS JUSTIFIED UNDER S 5?</P><P>The most recent and authoritative statement on s 5 is the modified Oakes test enumerated by Tipping J in Hansen. Tipping J notes that Parliament must be afforded a 'margin of appreciation' which will vary according to context.</P><P>Administrators have an understanding of issues Courts can't achieve, (Atkinson).</P><P>OAKES TEST</P><P>1. Does the limiting measure serve a purpose sufficiently important to justify curtailment of the right or freedom? (Threshold Issue)</P><P>McGrath J describes these as concerns that are pressing and substantial in a free and democratic society, Hansen This approach mirrors the 'good reason' in NHRA. APPLICATION Good reason- Reasonableness, not just economic necessity. Body must justify themselves Genuine need NHRA</P><P>2. (i) is the limiting measure rationally connected with its purpose? (Threshold issue) </P><P>(ii) does the limiting measure impair the right or freedom as little as possible? (Proportionality issue)</P><P>(iii) is the limit proportional to the importance of the objective? (Proportionality issue) </P><P>Conclusion</P><P>For a Regulation</P><P>In Drew the Courts invoked the presumption of consistency in finding that an empowering legislation implied that any regulation made under it must be consistent with BORA. I believe that this principle is likely to be applied here and the Courts would find [reg] ultra vires of [statute] and thus having no legal effect.</P><P>Or, for a Statute</P><P>Apply Hansen</P><P>Is there another meaning available on the language of the text? s6 of NZBORA</P><P>If not, then apply s 4.</P><P>This workshop was produced by Arthur Denning at Law Notes New Zealand</P><P>If you would like to learn more please visit http://www.lawnotes.co.nz/</P><br /><p><a href="http://EzineArticles.com/6868070" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-27842288563091950492012-08-13T20:42:00.000-07:002012-08-13T20:42:00.879-07:00 <P>When you need to get important documents and papers served to an individual or company in a swift like manner, you may want to employ process servers. There are thousands of process serving companies that employ servers with the knowledge and expertise to deal with all areas of the profession. However, it may take a person some time to find the ideal company, considering not all companies do quality work. To obtain the best services for the task that you need done, you may want to consider asking questions about the companies that concern you the most. Once you have gotten your questions answered, you may want to start comparing different companies.</P><P>Qualified to Do the Job</P><P>When a client wants to serve someone in their area, there are really no legalities to worry about when serving the documents. However, when it deals with divorce, suing someone or statutory demand, there are some requirements that must be met. The serving company that you choose should be knowledgeable and qualified to handle this type of situation. To be sure that the professional chosen is qualified, ask them to provide proof of their credentials.</P><P>Fast Service Leaves You Satisfied</P><P>It is true when they say that some things take time but with a process serving company, you can get the same day service. This way, you can get your legal matter settled quickly and in your favour. When choosing a company, ask about process servers who are known for getting the job done quickly and reporting daily. Not only can professionals that operate in this manner help keep the cost of the service down, but the entire process can go smoothly for everyone.</P><P>Successful Results Means Keeping the Client Informed</P><P>When a process server is responsible for serving writs, court orders, injunctions or summons, the processing company will make sure that you are informed of the outcome, whether the legal papers were delivered or not. Being able to communicate with servers easily and in a timely manner encourages quick results and fast closure.</P><P>Reasonable Fees</P><P>A process server company will charge based on how many attempts it takes to deliver the legal documents. Costs can be as low as £20 while others can be £100 or more. If the time frame has to be extended because the person being served has been unreachable, the process server may charge more. Sometimes things can happen that will require more time to deliver documents. Yet, it is the responsibility of the company to make sure that you understand what you will be charged for before proceeding. This is not always the case, so you may want to ask yourself to be sure.</P><P>Be Patient</P><P>We cannot expect things to always happen the way we want it, so it is imperative that you be patient even when looking for the right serving company. If you simply do not have the time to locate a reputable serving company, you will be pleased to learn that Eclipse Legal Services are exactly what you are looking for.</P><P>Eclipse Legal Services can help you with all of your process serving needs, whether you are looking for a process server in London, Birmingham, Manchester or elsewhere in the UK.</P><br /><p><a href="http://EzineArticles.com/6869156" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-81000975797196320362012-08-12T17:52:00.000-07:002012-08-12T17:52:00.906-07:00 <P>There are many reasons people may be scared silly about getting legal rights advice from an attorney. Here are just a few:</P><P>· You have to check your bank balance before you obtain any legal advice from an actual attorney...or...you fear the entire process is cost-prohibitive so you're fear results in taking inappropriate or NO action.</P><P>· You don't know the right questions to ask an attorney...Or...you're concerned that you won't understand the legal jargon you receive.</P><P>· You are scared silly that the attorney will learn that you are doing something illegal and...maybe you'll get turned into the court system.</P><P>· You just don't want to deal with the situation, hoping it will 'go away'.</P><P>So, why are YOU scared about getting legal advice?</P><P>With the economic concerns and instability of jobs these days, I can see how you might not want to find out your legal rights before you know if you can afford them. Attorneys generally charge hundreds of dollars an hour for their services. Then, there's usually a retainer fee for the attorney to get started on your case. Wouldn't it be beneficial to you to NOT have to check your bank balance whenever you needed legal rights advice or legal help?</P><P>Listen, you know how to explain your situation to a friend, but you question your ability to have the right words to address an attorney. Reminder: attorneys are people, too, and if you can explain your legal concerns to someone else, you can explain it to an attorney. Attorneys have talk to many people of many different backgrounds every day and certainly they can understand you. They also can speak clearly and take the time to explain terms regarding your legal questions or concerns.</P><P>As far as asking the correct questions, as long as you tell attorneys about your situation fully, you can ask them which questions you should ask (in court, mediation session, or whatever the case may be). You can ask them to explain things in another way if you don't understand the way they presented it. Attorneys really are trying to help, and are not as scary as you may think they are.</P><P>If there's something illegal in your past, you could either talk to an attorney about whether it would be good to discuss it with them or not before telling them details, or you could leave it out of the conversation. If it has nothing to do with the task at hand, it may be better to talk about it another time anyway. Just focus on why you need to talk to the attorney now.</P><P>Many people have negative situations in life with which they just don't want to handle. It's understandable if talking to an attorney gives you hives or makes you nervous just thinking about it. However, the situation is probably not going to go away just because you don't want to deal with it. Chances are, the longer you put off the situation, the harder the situation will be to deal with. That's generally how it works with procrastination; yet, if you take care of it promptly, you'll feel much better and it won't be consuming your life like it may be.</P><P>There are many reasons people don't look for legal help. However, there are many solutions that can truly help and make it easy to talk to an attorney any time. A solution could be to ask an attorney about your situation and find out how easy it can be. There are many options for attorneys or legal services that can help in any situation or location.</P><P>Lisa Starr is an Independent Legal Consultant who is committed to helping individuals obtain access to high quality, cost-effective legal services for themselves and their families. There are even affordable small business solutions. For further information about the Best legal options today on how to get all the legal rights advice to protect every member of your family, visit her website and pick up your Free Report immediately!</P><br /><p><a href="http://EzineArticles.com/6878362" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-64474332219684322662012-08-11T17:36:00.000-07:002012-08-11T17:36:00.692-07:00 <P>Many different sort of situations could arise where you need the services of a copyright solicitor.</P><P>This can include individuals, small and medium sized companies and large corporations. This is because the issue of copyright can potentially affect everyone, and particularly those people who have created a piece of work that is entitled to protection. Read on to find out about some situations when copyright solicitors might be able to help you.</P><P>I've created some work and don't know if it's entitled to protection</P><P>If you have created a piece of work and are unsure of its legal standing, it is definitely worth talking to specialist copyright solicitors. This is because while a lot of work does indeed fall under the bracket of 'copyright' issues, it isn't always the case. It might, for instance, require a different type of intellectual property protection, depending on what it is. This could include trademark protection, design rights protection or even a patent.</P><P>I think someone has infringed on my owners' rights</P><P>If you have a piece of work that is protected by copyright and someone uses that work in a manner that is not covered by the 'fair use' guidelines then you should definitely seek advice from a copyright solicitor. It is important that you assert your rights whenever someone infringes upon them as protecting your work from infringement could potentially have an impact on your income or other issues. This can apply to works such as written material, artistic work, musical or dramatic work, films or broadcast material, computer programs and sound recordings.</P><P>I have a licensing issue</P><P>As the creator of a piece of work, you generally have the right to say what happens to it. For instance, if you were to write a book, you would have the right to say whether another person is allowed to translate it, adapt it or otherwise alter the work for another purpose. Sometimes, the authors of works are willing to let people do this (such as translating a book for a foreign audience). In order to do this, you will need to talk to a copyright solicitor to make sure the resulting contract includes all the necessary information and protects all of the rights you are not willing to give away. The contract needs to be very specific and explain exactly what the arrangement is that you have come to, and this is something your solicitors will be able to help with.</P><P>Need a specialist copyright solicitor? Contact Bonallack & Bishop - for copyright solicitors who offer city quality intellectual property advice at local prices.</P><br /><p><a href="http://EzineArticles.com/6660683" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-48808969017077300182012-08-10T21:34:00.000-07:002012-08-10T21:34:00.214-07:00 <P><STRONG>Public Access to Court Records </STRONG></P><P>Some people have the misconception that court house records are for the sole use of the judge, jury, court house staff or only those personnel having some sort of legal connection associated with the case. This is just not so. Court Records are in fact Public Court Records. Apart from a few obvious exceptions my understanding is that information pertaining to an underage person is often suppressed for their own protection. This is more than likely due to the fact that at a younger age most of us are capable of thoughtless and foolish acts that most would not even contemplate upon reaching maturity. Another example would be when a case is deemed to be damaging to national security and as such the court case records would not be freely available in the average court records search. Other than this, court records are in the public domain and can be accessed by any member of the public with an interest in the case. This has been made possible with compliments of the recent Freedom of Information Act.</P><P><STRONG>Performing a Lookup of Court Records</STRONG></P><P>Records are kept of every case that goes through the court. All the details that may have had any relevance or bearing on the case are logged and filed into the courts computer for the future reference of any individual that may have an interest in delving into it and performing a lookup for court records.</P><P><STRONG>Do your Court Case Records Check as Forewarned is Forearmed</STRONG></P><P>Today many people have a vested interest in knowing a little more about a person than that freely given. By that I mean that by knowing a little more about a person than they give you credit for, may place yourself at a considerable advantage, when it comes to accessing a person's character. If for instance, at some time in the future, you may find yourself in the position of having to put some trust in the person concerned, you would be better equipped to make a reliable decision with access to information concerning that individual's background. With this mind, then, any court appearances that this person may have had some connection with, or more importantly, any case they'd been a party to, would be invaluable.</P><P><STRONG>Things not always being what they seem </STRONG></P><P>Wouldn't it be nice if everybody was as honest as the day is long, always told the truth or God strike me dead and butter really did melt in the mouth of that angel faced baby sitter that you'd just put in charge of your kids for the evening? Unfortunately thing aren't always how they look at first glance and, though something of a rarity, some people are not only dishonest, but are downright nasty with it.</P><P><STRONG>Protecting yourself with a Search of Your Local Court Records</STRONG></P><P>Protecting yourself with a court records search As society changes, so we have to change our tactics to protect ourselves and others who rely on us for protection. This is why a little foresight goes a long way in our guide to making the right choice the first time.</P><P>If you'd like to allay your concerns and know a little more about so and so, visit http://abackgroundcheck.net/ that boasts the Latest Public Court Records Check Search Engine. It's not hard to do. Can you trust that guy or what? Find out for sure Here.</P><br /><p><a href="http://EzineArticles.com/6850157" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-59844176358112976332012-08-09T19:22:00.000-07:002012-08-09T19:22:00.922-07:00 <P>It is not uncommon for people to be confused about the legal definition of a trust and how it works within the legal system. A trust refers to property given to a trustee to manage for the benefit of another person, who is disclosed within the documents of the official legal papers. In most cases the beneficiary receives interest and dividends on the trust assets for a predetermined amount of time, and this is usually for a number of years. Under the conditions of a trust, an agreement is made where one person transfers the title they hold to a specific property to another person who agrees to manage it for a third party. This is a beneficial process as the party who has transferred the title (the beneficiary) stands to greatly benefit from having another person oversee it for them.</P><P>An individual may control the distribution of their property by establishing terms and conditions within a written trust. This can then be used while they are living or after their death. There are many different types of trusts, which have different purposes and functions. A trust may be intended for the benefit of the person who created the trust, or it can be for their surviving spouse or minor children, or for a charity. However, any trusts that are created with the intention of evading creditors or other lawful obligations will be voided by the courts. In general, trusts are created during a person's life in anticipation of their death. This can be done early on in life or later in life, and modifications can be made as time proceeds as long as a qualified real estate lawyer in involved to help. Trusts are the perfect way to ensure that the plans you have for your assets - money, property, etc. - are successfully carried out once you have passed and can no longer see to it that they are followed through in the way you originally desired.</P><P>The individual who creates a trust is the settlor, whereas the person who manages the property for another person's benefit is called the trustee. It is the beneficiary who benefits from the trust, not the trustee. A trustee has a duty to act in good faith with strict honesty in regards to administering the trust and serving the interests of the beneficiaries of the trust. A breach of the trustee's duty, known as a fiduciary duty, can result in negative ramifications including a court action and even criminal charges. Therefore, it is very important that a legal professional is involved in the process in order to ensure that no unintentional breaches are made which could wreak havoc down the line.</P><P>When you have agreed to be a trustee, you are assuming a large responsibility that you must carry out in full accordance with the law. An attorney can help you in more ways than one by ensuring that you follow all proper protocol so you adhere to the law. Furthermore, if you do encounter an IRS investigation, or if you are taken to court by any of the beneficiaries, an attorney can protect your rights in a lawsuit. As a trustee you have many duties that include: keeping all funds in a separate trust account, you must avoid conflicts of interest, you must manage the funds by making sure they get some kind of financial return while avoiding high-risk investments, you must maintain excellent records, you are required to pay the taxes on any trust income, and you are required to take very good care of the beneficiaries and not violate the trust instructions in regard to them.</P><P>Whenever you are assuming a great legal responsibility, it is in your best interests to consult with an attorney. This is especially true when it comes to matters of estate planning and trust administration. In these instances, you will be expected to oversee the assets that are held within a trust, and as such, you will essentially be taking on the same responsibilities as a legal property owner. In fact, this is a type of ownership, either of personal property or real estate property; the difference is that it is an ownership that is being split between the trustee and the person who entrusted their belongings to them. It is therefore up to the trust administrator to oversee the trust, including the distribution of assets, etc. as directed by the creator of the original trust. Because this is a complicated process and one that is highly personal in nature, it is one that must be handled with the utmost care and attention. Therefore, taking measure to ensure that you act under the legal guidance of a professional real estate attorney could make a world of difference in how your case plays out. An Orange County estate planning attorney can provide you with invaluable counsel into your legal obligation and responsibilities pertaining to trust administration. They can also tell you what steps you can take to avoid making any costly legal mistakes during your appointment as a trustee.</P><P>Watkins, Blakely & Torgerson, LLP is an Orange County, California estate planning and probate law firm. The firm has dedicated itself to helping the residents of Orange County since 1967 and they have earned a reputation in the legal community for having outstanding commitment and dedication to their client's estate and probate needs. The firm offers a wide variety of services including: estate planning, probate, trusts, wills, IRS investigations, general taxation, business and corporate law, as well as copyrights, trademarks and service marks. If you need assistance with trust administration, they invite you to contact an Orange County estate planning lawyer from the firm by calling (714) 908-4230.</P><br /><p><a href="http://EzineArticles.com/6867077" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-77224271241882141162012-08-08T16:29:00.000-07:002012-08-08T16:29:00.750-07:00 <P>Most anyone who watches television has heard a Miranda warning being given and a large percentage of the population is able to recite the Miranda warning by heart:</P><BLOCKQUOTE>"You have the right to remain silent. Should you give up that right, anything you say may be used against you in a Court of law. You have the right to an attorney. Should you be unable to afford an attorney, one will be provided at no cost to you."</BLOCKQUOTE><P>However, do you know why you have these rights and how or when to exercise them? As it turns out, very few people do.</P><P><STRONG>Miranda v Arizona</STRONG></P><P>In 1963, Ernesto Miranda was convicted of kidnapping and rape, after signing a written confession. The Supreme Court of Arizona upheld Miranda's conviction. In 1966, the U.S. Supreme Court reversed that decision and held that the typed-in paragraph at the top of Miranda's signed confession stating that he made it with full knowledge of his legal rights was not sufficient to show that he made a knowing and intelligent waiver of his Constitutional rights.</P><P>In this landmark decision, the Court stated that an individual, "must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has a right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires." Hence, the "Miranda warning" was born.</P><P><STRONG>When and How to Exercise your Miranda Rights</STRONG></P><P>Your right to remain silent always exists and you do not need to wait until you have been advised of your Miranda rights in order to exercise them. Before you have been advised of your Miranda rights, you may exercise them by advising the officer(s) that you do not wish to speak with him/her/them and hanging up the phone, shutting the door, or leaving the police station. After you have been advised of your Miranda rights, you may exercise them by advising the officer(s) that you have nothing further to say, and wish to speak with an attorney.</P><P>When you ask for an attorney, you must do so in a very precise way. Use no uncertain terms. "I have nothing further to say until I speak with my attorney" is a clear way of exercising this right. "Do you think I need a lawyer?" is not.</P><P>The rights to remain silent and to have an attorney represent you are rights that every American should know how they got and how to exercise. These rights are here to protect you and you should know how to avail yourself of them should the need ever arise.</P><P>Shelley is a paralegal and freelance writer. She and owns http://www.virtuallylegal.net/ where she writes about the law, our rights as citizens, and Indiana law.</P><br /><p><a href="http://EzineArticles.com/6777754" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-15322808531639000872012-08-07T17:11:00.000-07:002012-08-07T17:11:01.021-07:00 <P>This is the final part of the guide on getting money for your judgment. While the articles were written with California as primary focus, some general principles apply in other states as well. Use the information you've learned from both articles as a starting point in the legal research in your own state. Best of luck!</P><P><STRONG>Get a Writ of Execution</STRONG> <BR>Once you know what debtor's assets can be used to satisfy your judgment, the first step to those assets is usually to ask the court for a Writ of Execution</EM> (Form EJ-130). Writ of Execution</EM> directs the sheriff or marshal to enforce the judgment in the county where the debtor's assets are located. Writ of Execution</EM> is valid for 180 days. Courts handle this procedure differently, so contact your particular judgment court for details.</P><P><STRONG>Garnish debtor's wages, bank account or a safe deposit box</STRONG> <BR>Drop off the Writ of Execution</EM> and an Application for Earnings Withholding Order (Wage Garnishment)</EM> (Form WG-001) at the sheriff's/marshall's office. You may collect up to 25 percent of the amount over the federal minimum wage that the debtor earns, if the debtor is employed by someone else. You can't garnish a self-employed debtor's wages. You will have to hire a process server or the sheriff/marshall to serve papers on the debtor's employer.</P><P><STRONG>Put a lien on the debtor's real property</STRONG> <BR>A lien allows you to get paid, with interest, when the debtor tries to sell or refinance a house, land or other real property. To avoid waiting for the debtor to sell/refinance, you can also try to foreclose on the lien, if there is enough equity, by forcing the debtor to sell now and pay with the proceeds.</P><P><STRONG>Put a lien on the debtor's lawsuit</STRONG> <BR>If you find out that the debtor has a lawsuit against another party, for approximately $25 you can put a lien on the money that the debtor will be entitled to receive if the lawsuit is successful.</P><P><STRONG>Put a lien on debtor's personal property</STRONG> <BR>You can try to put a lien on the debtor's car, electronics, jewelry, coin collection, etc. The cost of putting a lien on a personal property often does not make it worth the effort.</P><P><STRONG>Ask a lawyer or collection agency for help</STRONG> <BR>A lawyer or collection agency will help you locate debtor's assets and collect on your judgment for a percentage of what they manage to recover. They usually just call, mail out the forms and letters that you have just learned how to prepare yourself.</P><P>Contact San Diego business and employment lawyer Sergei Tokmakov now for a free case evaluation or more free business/employment law resources. (858) 205-5665.</P><br /><p><a href="http://EzineArticles.com/6846599" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-57343978683194483972012-08-06T15:45:00.000-07:002012-08-06T15:45:00.960-07:00 <P>If you've been hurt in an accident, you may need a personal injury attorney by your side to help you recover the damages to which you're entitled. It would be nice to live in a world where such measures were not necessary, but that world is either far in the future or far in the past. In today's society, companies and individuals usually have to be forced by order of a court to own up to their financial responsibilities. Trying to force this yourself is almost always a mistake. A good lawyer, however, will know the battle plan that can see you to victory. Here are some things to look for when choosing which firm to hire.</P><P>Trial Experience</P><P>While many lawsuits wind up being settled long before they get in front of a judge or jury, you still want a personal injury attorney who has plenty of trial experience. Not only will this prove immensely useful should the case go to trial, it will also serve as a deterrent to the other side. A company will always want to avoid the unpredictability of a jury if possible, and they will go to great measures to do so if they know they are up against a tenacious lawyer. This type of experience is far more valuable than all of the book education in the world.</P><P>Free Consultation</P><P>There's little reason why you should fork over any money just to get in front of a personal injury attorney. Most law firms will offer potential clients a free initial consultation. They want your case. This gives them the chance to see people who might be hesitant to lay down money they can ill afford to spend. Still, there are firms out there who want to start billing clients before they've even taken them on. Just avoid these firms outright. If they are that desperate to bill you from the outset, it might say something about their ability to make money in legitimate ways.</P><P>Contingency</P><P>A good personal injury attorney, in fact, will not charge you a dime until a settlement or judgment has been reached. They will then take their fees as a percentage of that money. This means you never have to go into your own pocket to pay them and you won't have to pay a dime unless they win your case. Of course, the other side of this is that a firm will be more cautious about the cases they take on. This is also a good thing, however. You don't want to spend a lot of time and money fighting an unwinnable case.</P><P>Finding a Winter Park personal injury attorney with decades of experience is not easy. For over 35 years of trial experience, go to http://www.hornsbylawgroup.com/.</P><br /><p><a href="http://EzineArticles.com/6878636" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-16470481663752338402012-08-05T14:17:00.000-07:002012-08-05T14:17:00.540-07:00 <P>If you believe that you have been unfairly dismissed, then you need to get advice from an experienced employment law solicitor as soon as you possibly can. Make this move before you think about taking a claim to a Tribunal.</P><P>Being dismissed from your job is stressful enough - being dismissed unfairly is even worse. Pursuing an unfair dismissal claim in these circumstances can really take a toll on your personal resources, so it's essential that you have an expert unfair dismissal solicitor on your side from the very beginning.</P><P>The first thing you need a solicitor for is specialist knowledge. Employment law is a complex, ever-changing area. Although the circumstances of your case will be unique to you, an unfair dismissal solicitor will be able to look at your case in the light of their wider experience. They'll be able to talk to you about similar sorts of cases that they've handled, and how those cases fared at the Employment Tribunal.</P><P>Following on from this, you need a solicitor to examine the strengths and weaknesses of your individual case. To make a successful unfair dismissal claim, you will need to prove that your employer breached your employment rights. The Tribunal will need to be convinced that you were dismissed for an inherently unfair reason, or that your employer used unfair procedures in order to get rid of you. Your case therefore needs to be as strong as possible. Your solicitor will be able to help you with this.</P><P>An unfair dismissal solicitor is also there to represent you and to deal with third parties. Remember, your former employer will be working just as hard to prove that they didn't act unfairly. This inevitably leads to a degree of conflict, so you need a professional on your side to handle this aspect of the claim.</P><P>Finally, you need solicitors to help you weigh up the advantages and disadvantages of pursuing a claim at all. Compensation awards can vary widely in size and type, depending on the merits of each claim. The Tribunal can even order reinstatement [i.e. returning you to your job] instead of a monetary award. Your solicitors will be able to give you an idea of the sort of outcome you might expect. You'll then be able to make an informed decision about whether or not it's worth your time, effort and expense in bringing a claim.</P><P>Although a claim for unfair dismissal should never be undertaken lightly, with the help of a specialist unfair dismissal solicitor, you can receive recognition and compensation for the breach of your employment rights.</P><P>Do you need help and advice on an unfair dismissal claim? Contact an experienced unfair dismissal solicitor from Bonallack & Bishop who can give you the right information today.</P><br /><p><a href="http://EzineArticles.com/6856999" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-43421846807115928372012-08-04T17:46:00.000-07:002012-08-04T17:46:00.749-07:00 <P>SAN DIEGO - A court gave you a number but, unfortunately, that does not necessarily mean you will actually see a dime of that money. Even though the court will not try to collect on your behalf, it will issue the necessary orders to help you. Your judgment is good for 10 years and renewable (to extend its 10 year expiration date) after that.</P><P><STRONG>When to start trying to collect?</STRONG></P><P>When either the time for appeal runs out (30 days after the initial judgment), or after you win the appeal and the judgment is sent back to the small claims court (this usually takes 10 days after the appeals decision). A debtor must send you a Judgment Debtor's Statement of Assets (Form SC-133). Some courts mail a Form SC-133 to the debtor together with the original judgment.</P><P><STRONG>What can you do to collect?</STRONG></P><P>It's illegal to harass the debtor (party that owes you money) but sending a letter to remind they owe you money pursuant to the court order enclosed is fine. Consider offering to negotiate a payment plan. Keep track of your expenses because some of them may be reimbursed.</P><P><STRONG>Debtor's examination</STRONG></P><P>After the debtor ignores both you and the Judgment Debtor's Statement of Assets form, you can ask court for sanctions and to schedule a debtor's examination. This procedure compels the debtor to appear in court and answer your questions about his or her assets under oath. This way you find out which, if any, assets it is best to go after first. Ask about income sources, employment, property locations, bank accounts, stocks, etc. You have the right to subpoena debtor's paystubs, deeds and similar documents that prove the value of the assets. You can even ask the judge to order the debtor to turn over cash in his or her wallet to you right there.</P><P><STRONG>To start the debtor's examination process, you must fill out</EM></STRONG><STRONG>:</STRONG></P><P>1) Application and Order to Produce Statement of Assets and to Appear for Examination (Form SC-134) and attach a blank Judgment Debtor's Statement of Assets;</P><P>2) Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration (Form SC-107).</P><P>File these forms with the court and make sure to serve them on the debtor.</P><P>Ignoring this hearing has potentially serious consequences for the debtor. Failure to show up may result in a bench warrant for the debtor's arrest. The judge will most likely not be present, so you will have to ask the questions yourself. If you have any problems with the debtor at the hearing, or the debtor fails to show up, you can ask the clerk to go get the judge.</P><P>To find out more about civil litigation process, please visit San Diego business and employment attorney Sergei Tokmakov's legal article website and employment law blog. Call now (858) 205-5665 for a free consultation.</P><br /><p><a href="http://EzineArticles.com/6846596" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-26076443336697212542012-08-03T21:24:00.000-07:002012-08-03T21:24:00.828-07:00 <P>A pedestrian is defined as a person walking along a road or in a developed area such as a neighborhood. When pedestrians choose to walk down a street with a high level of motor vehicle traffic, they are automatically putting themselves at greater risk for an accident. Many people do not consider the potential danger before they decide to walk alongside a street. Even if a pedestrian stays on the sidewalk and waits for a protected signal before crossing intersections, they cannot predict or control the actions of motor vehicle drivers.</P><P>Almost every pedestrian accident is caused by the negligence or inattentiveness of an automobile or motorcycle driver. One of the most common causes of pedestrian accidents is driver inattentiveness that results from talking on cell phones, eating while driving, programming a GPS, applying make-up or a variety of other activities. Driver confusion can also lead to accidents, especially when a driver is unfamiliar with the territory or when a one-way street is involved.</P><P>In busy cities, aggressive driving is a main cause of many pedestrian accidents. This is because drivers are more likely to violate traffic signals and display fits of road rage that result in unsafe speeds and unlawful turning. For example, a study by the Municipal Transportation Agency investigated the most common maneuvers drivers performed immediately prior to a pedestrian accident. The study found that drivers were making a left turn, making a right turn, backing up or making a U-turn immediately before hitting or injuring a pedestrian.</P><P>Pedestrians must be aware of these potentials for danger whenever they take to the roads, and must do their part to follow safety laws. A pedestrian can be responsible for their injuries when they ignore the "walk" signal at an intersection or choose to not use the designated crosswalk areas to cross the road or intersection. A pedestrian is also likely to be involved in an accident when he or she darts in front of a vehicle, doesn't wear reflective gear at night, or disrupts the normal flow of traffic. Regardless of the circumstances surrounding your accident, it is important for you to contact a pedestrian accident attorney if you have suffered injury as a pedestrian.</P><P>The NHTSA reported 59,000 pedestrian injuries across the United States in 2009. Only a fraction of pedestrian crashes that cause injury are ever recorded by the police, and this means that countless of injured pedestrians choose to suffer without the financial help that may be available to them. Approximately 107.4 million Americans choose walking as a regular mode of travel for both social and work purposes. Walking may seem like a great way to exercise and enjoy beautiful scenery or weather, but it is important for pedestrians to understand their rights as a pedestrian under both federal and state laws in case of a serious injury.</P><P>The Givens Personal Injury Law Group is highly experienced in the realm of personal injury law as it pertains to pedestrian accidents. With over 85 years of combined legal experience, their legal team has handled all types of personal cases and can assist you with filing a claim for your accident. Personal injuries should never be taken lightly, and our firm understands how our work can significantly affect the future of every one of our clients.</P><P>We are passionate about helping our clients recover the compensation that they deserve and need to fully recover from their injuries, and we will stop at nothing short of success. A knowledgeable Tampa personal injury lawyer from our firm is waiting to provide you with high-quality care and legal support for your accident. Contact a Tampa pedestrian accident lawyer today or visit our website at http://www.personalinjurylawfirmtampa.com/ for more information on how we can help you.</P><br /><p><a href="http://EzineArticles.com/6840861" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-35935798878250883992012-08-02T21:34:00.000-07:002012-08-02T21:34:00.361-07:00 <P>One of the most important estate planning documents is your Living Will.</P><P>This important document directs what medical treatment and medications you should receive when you become disabled and cannot express your own wishes.</P><P>I say "when you become disabled" rather than "if you become disabled" because every one of us will be disabled at some point in our lives. It may be the last ten minutes of our life or the last ten years. Also we may be disabled for a day or a week and then recover our ability to make decisions on our own. This is why a Living Will is so important.</P><P>In Minnesota, they are sometimes called a "Health Care Directive", a "Power of Attorney for Medical Care", an "Advance Care Declaration" or by several other names.</P><P>The focus of a Living Will is that the patient designates another person to make decisions for him or her when the patient is disabled.</P><P>Not all Living Wills are created equal. For example, the Federal Health Insurance Portability and Accountability Act (also known as HIPAA) can significantly affect how a hospital or clinic will interpret a person's Living Will. It is important to make sure that yours is in compliance with HIPAA.</P><P>Another important thing to do is to make sure that your Living Will is delivered to your doctor or clinic. This carefully drafted document has no effect if it is sitting in a lawyer's office or at home in your desk when it is needed at the hospital. What is more, sometimes people will sign a new make-shift Living Will that they receive at the clinic prior to a medical procedure. Many people do not realize that the make-shift version they sign at the clinic usually invalidates the carefully written one that an attorney wrote with them.</P><P>A Living Will can also direct what is to be done with the bodily remains of a person after his or her death. Does the person want cremation or traditional burial? Does the person want to donate their organs to help save other's lives? Are there other ceremonial or particular things which should be done at the funeral? These kinds of questions can all be addressed through a properly written document.</P><P>Lastly, there are different laws concerning Living Wills in other states. This means that it is important to have it written in such a way that it is valid in all 50 states. It should have the proper provisions, so that it is valid whether you need a medical treatment here at a clinic in Minnesota, or other states like California or Florida. It is also helpful to the estate planning attorney to have access to the Living Will provisions of all 50 states. This way, the client can get the best possible Living Will to meet the family's needs.</P><P>When it comes to a Living Will, "one size" does not fit every circumstance. They are not created equal. They serve a vital part in a person's estate plan, and should be crafted carefully to protect you when you become disabled. It is important that these vital decisions are made when you are fully alert and aware of your choices.</P><P>Bill Peterson is a Minnesota Estate Planning Attorney with over 40 years of experience as a lawyer. He can help you plan for the future by creating a Minnesota Estate Plan. For more information, please visit http://www.mnestateplan.com/ or call toll free at 1-888-910-5297.</P><P>The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.</P><br /><p><a href="http://EzineArticles.com/6851892" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0tag:blogger.com,1999:blog-215423062863852280.post-17465466355395171642012-08-01T21:58:00.000-07:002012-08-01T21:58:00.808-07:00 <P>When the executor of the estate delays on administration or does things which some of the heirs think is wrong, can the heirs call or write the court to have the court look into it?</P><P>As a general matter, under Minnesota Law the court usually will not intervene in most probate cases.</P><P>For the most part the Probate Court is not an investigative and enforcement arm of the government. In other words, when a loved one has died and there is a probate case under way, the other family members should be proactive and not hope that the probate court will automatically look out for their rights for them.</P><P>Think of the probate court as a tribunal that will decide the cases that are presented to the court. The judge will hear from the heirs or their attorneys when disputes arise. The judge will then issue his or her ruling and the probate will proceed.</P><P>There are some exceptions to this general rule. For example, when there are heirs who are under 18 years of age or when there is one or more beneficiaries who are mentally or physically disabled, the court will often exercise more supervision.</P><P>Also particularly in formal probate proceedings, the court may order hearings when the executor is delinquent in providing reports to the court within the time limits.</P><P>Furthermore, when the deceased person or that person's spouse has received public assistance during their lifetime, the probate court will often take a more assertive role.</P><P>Despite these exceptions, for the most part, the probate court will not provide supervision of the duties of the executor unless the family members bring the particular problems to the attention of the court.</P><P>In another article in this series, I talked about the fact that the attorney for the executor is not the lawyer for the family and the estate.</P><P>The take-away that you should get from these video/articles is that it pays for the family to be proactive. Do not depend on the executor's attorney nor the probate judge to be actively looking out for your best interests.</P><P>You should review the inventory, final accounting and other documents and insist that the executor does his or her duties properly and on time. I hope you trust the executor but you should still be vigilant. It brings to mind an old saying that I am fond of: "I trust my brother but I still cut the cards." If you have questions or concerns about the probate or how it is being handled, it is often wise to consult with an experienced probate attorney.</P><P>Bill Peterson is a Minnesota Probate Attorney with over 40 years of experience as a lawyer. His firm, Peterson Law Office, is pleased to help sort out the intricacies of Minnesota Probate. For more information, please visit http://www.mnprobate.com/ or call toll free at 1-888-910-5297.</P><P>The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.</P><br /><p><a href="http://EzineArticles.com/6851861" target="_blank" rel="nofollow">View the original article here</a></p>Egypt Motionhttp://www.blogger.com/profile/07710970393601570549noreply@blogger.com0